HF 122

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to state government; appropriating money for jobs, economic 1.3development, and housing; establishing and modifying certain programs; 1.4providing for regulation of certain activities and practices; providing for 1.5accounts, assessments, and fees; changing codes and licensing provisions; 1.6providing penalties;amending Minnesota Statutes 2006, sections 13.7931, 1.7by adding a subdivision; 16B.61, subdivision 1a; 16B.63, subdivision 5; 1.816B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 116J.551, subdivision 1.91; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions 1.101, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04, 1.11subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116L.666, 1.12subdivision 1; 116M.18, subdivision 6a; 154.003; 177.27, subdivisions 1, 4, 8, 1.139, 10; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3, 4, 6, by adding a 1.14subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1; 1.15179A.04, subdivision 3; 181.932, subdivision 1; 181.935; 182.65, subdivision 2; 1.16190.096; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding 1.17a subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 1.18298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.242, subdivisions 1.193d, 5, 8, 11, by adding a subdivision; 326.2441; 326.37, subdivision 1, by adding 1.20a subdivision; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.405; 1.21326.42, subdivision 1; 326.46; 326.47, subdivision 2; 326.48, subdivisions 1, 1.222, by adding a subdivision; 326.50; 326.975, subdivision 1; 326.992; 327.33, 1.23subdivisions 2, 6; 327B.04, subdivision 7; 341.21, by adding a subdivision; 1.24341.22; 341.25; 341.27; 341.28, subdivision 2, by adding a subdivision; 341.32, 1.25subdivision 2; 341.321; 462.39, by adding a subdivision; 462A.21, subdivision 1.268b; 462A.33, subdivision 3; 469.021; 469.334; 471.471, subdivision 4; proposing 1.27coding for new law in Minnesota Statutes, chapters 116O; 154; 179; 181; 181A; 1.28182; 325E; 326; proposing coding for new law as Minnesota Statutes, chapter 1.29326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4; 1.3016C.18, subdivision 2; 176.042; 183.375, subdivision 5; 183.545, subdivision 9; 1.31268.035, subdivision 9; 326.241; 326.44; 326.45; 326.52; 326.64; 326.975. 1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2JOBS, ECONOMIC DEVELOPMENT, HOUSING AND MINNESOTA 2.3HERITAGE APPROPRIATIONS SUMMARY 2.4 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.5     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.6 new text begin in this act. new text end 2.7 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.8 new text begin General new text end new text begin $ new text end new text begin 197,148,000 new text end new text begin $ new text end new text begin 141,911,000 new text end new text begin $ new text end new text begin 339,059,000 new text end 2.9 new text begin Workforce Development new text end new text begin 16,759,000 new text end new text begin 16,774,000 new text end new text begin 33,533,000 new text end 2.10 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end new text begin 1,400,000 new text end 2.11 new text begin Workers' Compensation new text end new text begin 22,736,000 new text end new text begin 23,074,000 new text end new text begin 45,810,000 new text end 2.12 new text begin Total new text end new text begin $ new text end new text begin 237,343,000 new text end new text begin $ new text end new text begin 182,459,000 new text end new text begin $ new text end new text begin 419,802,000 new text end 2.13 Sec. 2. new text begin JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS. new text end 2.14     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.15 new text begin agencies and for the purposes specified in this act. The appropriations are from the general new text end 2.16 new text begin fund, or another named fund, and are available for the fiscal years indicated for each new text end 2.17 new text begin purpose. The figures "2008" and "2009" used in this act mean that the appropriations new text end 2.18 new text begin listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009, new text end 2.19 new text begin respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009. new text end 2.20 new text begin "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending new text end 2.21 new text begin June 30, 2007, are effective the day following final enactment. new text end 2.22 new text begin APPROPRIATIONS new text end 2.23 new text begin Available for the Year new text end 2.24 new text begin Ending June 30 new text end 2.25 new text begin 2008 new text end new text begin 2009 new text end 2.26 2.27 Sec. 3. new text begin EMPLOYMENT AND ECONOMIC new text end new text begin DEVELOPMENT new text end 2.28 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 75,080,000 new text end new text begin $ new text end new text begin 45,569,000 new text end 2.29 new text begin Appropriations by Fund new text end 2.30 new text begin 2008 new text end new text begin 2009 new text end 2.31 new text begin General new text end new text begin 75,080,000 new text end new text begin 45,569,000 new text end 2.32 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 2.33 2.34 new text begin Workforce new text end new text begin Development new text end new text begin 15,995,000 new text end new text begin 15,995,000 new text end 3.1 new text begin The amounts that may be spent for each new text end 3.2 new text begin purpose are specified in the following new text end 3.3 new text begin subdivisions. new text end 3.4 3.5 new text begin Subd. 2. new text end new text begin Business and Community new text end new text begin Development new text end new text begin 38,742,000 new text end new text begin 9,389,000 new text end 3.6 new text begin Appropriations by Fund new text end 3.7 new text begin General new text end new text begin 38,042,000 new text end new text begin 8,689,000 new text end 3.8 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.9 new text begin (a) (1) $250,000 the first year and $250,000 new text end 3.10 new text begin the second year are from the general fund new text end 3.11 new text begin for a grant under Minnesota Statutes, new text end 3.12 new text begin section new text end new text begin , to the Rural Policy and new text end 3.13 new text begin Development Center at St. Peter, Minnesota. new text end 3.14 new text begin The grant shall be used for research and new text end 3.15 new text begin policy analysis on emerging economic and new text end 3.16 new text begin social issues in rural Minnesota, to serve as new text end 3.17 new text begin a policy resource center for rural Minnesota new text end 3.18 new text begin communities, to encourage collaboration new text end 3.19 new text begin across higher education institutions to new text end 3.20 new text begin provide interdisciplinary team approaches new text end 3.21 new text begin to research and problem-solving in rural new text end 3.22 new text begin communities, and to administer overall new text end 3.23 new text begin operations of the center. new text end 3.24 new text begin (2) The grant shall be provided upon the new text end 3.25 new text begin condition that each state-appropriated new text end 3.26 new text begin dollar be matched with a nonstate dollar. new text end 3.27 new text begin Acceptable matching funds are nonstate new text end 3.28 new text begin contributions that the center has received and new text end 3.29 new text begin have not been used to match previous state new text end 3.30 new text begin grants. Any unencumbered balance in the new text end 3.31 new text begin first year is available for the second year. new text end 3.32 new text begin (b) $250,000 the first year and $250,000 new text end 3.33 new text begin the second year are from the general fund new text end 3.34 new text begin for a grant to WomenVenture for women's new text end 3.35 new text begin business development programs. new text end 4.1 new text begin (c) $250,000 the first year is for a grant to new text end 4.2 new text begin University Enterprise Laboratories (UEL) new text end 4.3 new text begin for its direct and indirect expenses to support new text end 4.4 new text begin efforts to encourage the growth of early-stage new text end 4.5 new text begin and emerging bioscience companies. UEL new text end 4.6 new text begin must provide a report by June 30 each year new text end 4.7 new text begin to the commissioner on the expenditures new text end 4.8 new text begin until the appropriation is expended. This is a new text end 4.9 new text begin onetime appropriation and is available until new text end 4.10 new text begin expended. new text end 4.11 new text begin (d) $2,000,000 the first year is for grants new text end 4.12 new text begin under Minnesota Statutes, section 116J.571, new text end 4.13 new text begin for the redevelopment grant program. This is new text end 4.14 new text begin a onetime appropriation. new text end 4.15 new text begin (e) $100,000 the first year and $100,000 the new text end 4.16 new text begin second year are to help small businesses new text end 4.17 new text begin access federal funds through the federal new text end 4.18 new text begin Small Business Innovation Research Program new text end 4.19 new text begin and the federal Small Business Technology new text end 4.20 new text begin Transfer Program. Department services new text end 4.21 new text begin must include maintaining connections to new text end 4.22 new text begin 11 federal programs, assessment of specific new text end 4.23 new text begin funding opportunities, review of funding new text end 4.24 new text begin proposals, referral to specific consulting new text end 4.25 new text begin services, and training workshops throughout new text end 4.26 new text begin the state. Unless prohibited by federal law, new text end 4.27 new text begin the department must implement fees for new text end 4.28 new text begin services that help companies seek federal new text end 4.29 new text begin Phase II Small Business Innovation Research new text end 4.30 new text begin grants. The recommended fee schedule new text end 4.31 new text begin must be reported to the chairs of the house new text end 4.32 new text begin of representatives finance committee and new text end 4.33 new text begin senate budget division with jurisdiction over new text end 4.34 new text begin economic development by February 1, 2008. new text end 5.1 new text begin (f) $100,000 the first year and $100,000 new text end 5.2 new text begin the second year are appropriated to the new text end 5.3 new text begin Public Facilities Authority for the small new text end 5.4 new text begin community wastewater treatment program new text end 5.5 new text begin under Minnesota Statutes, chapter 446A. new text end 5.6 new text begin (g) $255,000 the first year and $155,000 new text end 5.7 new text begin the second year are from the general fund new text end 5.8 new text begin for a grant to the Metropolitan Economic new text end 5.9 new text begin Development Association for continuing new text end 5.10 new text begin minority business development programs in new text end 5.11 new text begin the metropolitan area. new text end 5.12 new text begin (h) $85,000 the first year and $85,000 the new text end 5.13 new text begin second year are for grants to the Minnesota new text end 5.14 new text begin Inventors Congress. Of this amount, $10,000 new text end 5.15 new text begin each year is for the Student Inventors new text end 5.16 new text begin Congress. new text end 5.17 new text begin (i) $151,000 the first year is for a onetime new text end 5.18 new text begin grant to the city of Faribault to design, new text end 5.19 new text begin construct, furnish, and equip renovations to new text end 5.20 new text begin accommodate handicapped accessibility at new text end 5.21 new text begin the Paradise Center for the Arts. new text end 5.22 new text begin (j) $750,000 each year is to Minnesota new text end 5.23 new text begin Technology, Inc. for the small business new text end 5.24 new text begin growth acceleration program established new text end 5.25 new text begin under Minnesota Statutes, section new text end new text begin . new text end 5.26 new text begin This is a onetime appropriation. new text end 5.27 new text begin (k) $300,000 the first year is for a onetime new text end 5.28 new text begin grant to the city of Northome for the new text end 5.29 new text begin construction of a new municipal building to new text end 5.30 new text begin replace the structures damaged by fire on new text end 5.31 new text begin July 22, 2006. This appropriation is available new text end 5.32 new text begin when the commissioner determines that a new text end 5.33 new text begin sufficient match is available from nonstate new text end 5.34 new text begin sources to complete the project. new text end 6.1 new text begin (l) $250,000 the first year and $250,000 new text end 6.2 new text begin the second year are for a technology and new text end 6.3 new text begin commercialization unit established in this new text end 6.4 new text begin act. This is a onetime appropriation and is new text end 6.5 new text begin available until expended. new text end 6.6 new text begin (m) $300,000 the first year is for a grant to the new text end 6.7 new text begin city of Worthington for an agricultural-based new text end 6.8 new text begin bioscience training and testing center. Funds new text end 6.9 new text begin appropriated under this section must be used new text end 6.10 new text begin to provide a training and testing facility for new text end 6.11 new text begin incubator firms developing new agricultural new text end 6.12 new text begin processes and products. This is a onetime new text end 6.13 new text begin appropriation and is available until expended. new text end 6.14 new text begin (n) $1,000,000 the first year is for a onetime new text end 6.15 new text begin grant to BioBusiness Alliance of Minnesota new text end 6.16 new text begin for bioscience business development new text end 6.17 new text begin programs to promote and position the state new text end 6.18 new text begin as a global leader in bioscience business new text end 6.19 new text begin activities. These funds may be used for: new text end 6.20 new text begin (1) completion and periodic updating of new text end 6.21 new text begin a statewide bioscience business industry new text end 6.22 new text begin assessment of business technology new text end 6.23 new text begin enterprises and Minnesota's competitive new text end 6.24 new text begin position employing annual updates to federal new text end 6.25 new text begin industry classification data; new text end 6.26 new text begin (2) long-term strategic planning that includes new text end 6.27 new text begin projections of market changes resulting new text end 6.28 new text begin from developments in biotechnology and the new text end 6.29 new text begin development of 20-year goals, strategies, and new text end 6.30 new text begin identified objectives for renewable energy, new text end 6.31 new text begin medical devices, biopharma, and biologics new text end 6.32 new text begin business development in Minnesota; new text end 6.33 new text begin (3) the design and construction of a new text end 6.34 new text begin Minnesota focused bioscience business new text end 6.35 new text begin model to test competing strategies and new text end 7.1 new text begin scenarios, evaluate options, and forecast new text end 7.2 new text begin outcomes; and new text end 7.3 new text begin (4) creation of a bioscience business new text end 7.4 new text begin resources network that includes development new text end 7.5 new text begin of a statewide bioscience business economic new text end 7.6 new text begin development framework to encourage new text end 7.7 new text begin bioscience business development and new text end 7.8 new text begin encourage spin-off activities, attract new text end 7.9 new text begin bioscience business location or expansion in new text end 7.10 new text begin Minnesota, and establish a local capability to new text end 7.11 new text begin support strategic system level planning for new text end 7.12 new text begin industry, government, and academia. new text end 7.13 new text begin This appropriation is available until June 30, new text end 7.14 new text begin 2009. new text end 7.15 new text begin (o) $325,000 is for a grant to the Walker new text end 7.16 new text begin Area Community Center, Inc., to construct, new text end 7.17 new text begin furnish, and equip the Walker Area new text end 7.18 new text begin Community Center. This appropriation is new text end 7.19 new text begin not available until the commissioner has new text end 7.20 new text begin determined that an amount sufficient to new text end 7.21 new text begin complete the project has been committed new text end 7.22 new text begin from nonstate sources. This is a onetime new text end 7.23 new text begin appropriation and is available until expended. new text end 7.24 new text begin (p) $100,000 the first year is for a grant new text end 7.25 new text begin to the Pine Island Economic Development new text end 7.26 new text begin Authority for predesign to upgrade and new text end 7.27 new text begin extend utilities to serve Elk Run Bioscience new text end 7.28 new text begin Research Park and The Falls - Healthy new text end 7.29 new text begin Living By Nature, an integrated medicine new text end 7.30 new text begin facility. This is a onetime appropriation and new text end 7.31 new text begin is available until expended. new text end 7.32 new text begin (q) $350,000 the first year is for a grant new text end 7.33 new text begin to Thomson Township for infrastructure new text end 7.34 new text begin improvements for the industrial park. This new text end 8.1 new text begin is a onetime appropriation and is available new text end 8.2 new text begin until expended. new text end 8.3 new text begin (r) $75,000 the first year is for a grant to new text end 8.4 new text begin Le Sueur County for the cost of cleaning new text end 8.5 new text begin up debris from lakes in Le Sueur County, new text end 8.6 new text begin caused by the August 24, 2006, tornado in new text end 8.7 new text begin southern Le Sueur County. This is a onetime new text end 8.8 new text begin appropriation and is available until expended. new text end 8.9 new text begin (s) $75,000 the first year is for a grant to new text end 8.10 new text begin the city of Warroad for new public facilities new text end 8.11 new text begin to replace those damaged or destroyed new text end 8.12 new text begin by the August 2006 tornado, including new text end 8.13 new text begin approximately 28 new street lights and new text end 8.14 new text begin underground electrical circuits and a new new text end 8.15 new text begin fish cleaning house. This is a onetime new text end 8.16 new text begin appropriation and is available until expended. new text end 8.17 new text begin If an appropriation for this purpose is enacted new text end 8.18 new text begin more than once in the 2007 session, the new text end 8.19 new text begin appropriation is effective only once. new text end 8.20 new text begin (t) $500,000 the first year is for a grant to new text end 8.21 new text begin the Upper Sioux Community to improve the new text end 8.22 new text begin current water system to ensure continuity new text end 8.23 new text begin of service to the entire population of the new text end 8.24 new text begin community and to meet the demands of the new text end 8.25 new text begin community expansion over the next 20 years. new text end 8.26 new text begin The is a onetime appropriation and is not new text end 8.27 new text begin available until the Public Facilities Authority new text end 8.28 new text begin has determined that at least $1,000,000 has new text end 8.29 new text begin been committed from nonstate sources. This new text end 8.30 new text begin appropriation is available until expended. new text end 8.31 new text begin (u) $500,000 the second year is for bioscience new text end 8.32 new text begin business development and commercialization new text end 8.33 new text begin grants. The commissioner shall designate an new text end 8.34 new text begin evaluation team to accept grant applications, new text end 8.35 new text begin review and evaluate grant proposals, and new text end 9.1 new text begin select up to five grant proposals to receive new text end 9.2 new text begin funding each year. The evaluation team new text end 9.3 new text begin shall be comprised of not more than 12 new text end 9.4 new text begin members including: the commissioner or the new text end 9.5 new text begin commissioner's designee; representatives of new text end 9.6 new text begin bioscience businesses; public and private new text end 9.7 new text begin institutions of higher education; private new text end 9.8 new text begin investment companies; a nonprofit entity new text end 9.9 new text begin that qualifies as a 501(c)6 under the Internal new text end 9.10 new text begin Revenue Code and is a trade association new text end 9.11 new text begin representing the life sciences industry; new text end 9.12 new text begin and a bio business alliance that qualifies new text end 9.13 new text begin as a 501(c)3 under the Internal Revenue new text end 9.14 new text begin Code. The criteria used by the evaluation new text end 9.15 new text begin team in evaluating grant proposals must new text end 9.16 new text begin include, but is not limited to: the potential new text end 9.17 new text begin to create and sustain jobs within the state new text end 9.18 new text begin of Minnesota; the potential for long-term new text end 9.19 new text begin business activity, growth, and expansion new text end 9.20 new text begin in Minnesota; the level of technological new text end 9.21 new text begin maturity; the potential to attract private new text end 9.22 new text begin investment; and the availability and readiness new text end 9.23 new text begin of markets. The commissioner must report new text end 9.24 new text begin to the standing committees of the house new text end 9.25 new text begin of representatives and the senate having new text end 9.26 new text begin jurisdiction over bioscience and technology new text end 9.27 new text begin issues by February 1 each year on the new text end 9.28 new text begin number, type, and amounts of grants awarded new text end 9.29 new text begin and the activities of the grant recipients. This new text end 9.30 new text begin is a onetime appropriation and is available new text end 9.31 new text begin until expended. new text end 9.32 new text begin All data contained in a grant application new text end 9.33 new text begin and evaluations of a grant application are new text end 9.34 new text begin classified as nonpublic data, as defined in new text end 9.35 new text begin section 13.02, subdivision 9, or private data new text end 9.36 new text begin on individuals, as defined in section 13.02, new text end 10.1 new text begin subdivision 12. The grant applicant's name, new text end 10.2 new text begin address, and amount requested are classified new text end 10.3 new text begin as public data. When a grant is approved, the new text end 10.4 new text begin commissioner shall release the following in a new text end 10.5 new text begin manner that does not disclose the nonpublic new text end 10.6 new text begin or private data: a description of the problem new text end 10.7 new text begin presented by the applicant, how the applicant new text end 10.8 new text begin proposes to resolve the problem, and for new text end 10.9 new text begin what the grant will be used. new text end 10.10 new text begin The commissioner may share nonpublic new text end 10.11 new text begin or private data contained in a grant new text end 10.12 new text begin application with the grant evaluation team new text end 10.13 new text begin and outside experts consulted by the grant new text end 10.14 new text begin evaluation team. Prior to sharing the data, new text end 10.15 new text begin the commissioner must obtain a signed new text end 10.16 new text begin nondisclosure agreement from each member new text end 10.17 new text begin of the grant evaluation team and any outside new text end 10.18 new text begin expert providing consultation to the team. new text end 10.19 new text begin The nondisclosure agreement must prohibit new text end 10.20 new text begin the use or dissemination of any of the new text end 10.21 new text begin nonpublic or private data outside of the grant new text end 10.22 new text begin evaluation process. new text end 10.23 new text begin The grant evaluation team and any outside new text end 10.24 new text begin experts consulted by the grant evaluation new text end 10.25 new text begin team are subject to the penalties and remedies new text end 10.26 new text begin provided in sections 13.08 and 13.09. new text end 10.27 new text begin (v) $755,000 the first year is for the urban new text end 10.28 new text begin challenge grant program under Minnesota new text end 10.29 new text begin Statutes, section 116M.18. This is a onetime new text end 10.30 new text begin appropriation. new text end 10.31 new text begin (w) $1,100,000 is for a grant to the new text end 10.32 new text begin Neighborhood Development Center for new text end 10.33 new text begin assistance necessary to retain minority new text end 10.34 new text begin business enterprises at the Global Market. new text end 11.1 new text begin This is a onetime appropriation and is new text end 11.2 new text begin available until expended. new text end 11.3 new text begin (x) $350,000 the first year is for a onetime new text end 11.4 new text begin grant to the city of Inver Grove Heights new text end 11.5 new text begin to reduce debt on the Inver Grove Heights new text end 11.6 new text begin Veterans Memorial Community Center. new text end 11.7 new text begin (y) $14,900,000 the first year is for the new text end 11.8 new text begin Minnesota minerals 21st century fund created new text end 11.9 new text begin in Minnesota Statutes, section 116J.423, to new text end 11.10 new text begin partially restore the money unallotted by the new text end 11.11 new text begin commissioner of finance in 2003 pursuant new text end 11.12 new text begin to Minnesota Statutes, section 16A.152. new text end 11.13 new text begin This appropriation may be used as provided new text end 11.14 new text begin in Minnesota Statutes, section 116J.423, new text end 11.15 new text begin subdivision 2. This appropriation is available new text end 11.16 new text begin until expended. new text end 11.17 new text begin (z) $2,500,000 the first year is for a grant to new text end 11.18 new text begin the city of St. Paul to be used to pay, redeem, new text end 11.19 new text begin or refund debt service costs incurred for the new text end 11.20 new text begin River Centre Campus. new text end 11.21 new text begin (aa) $147,000 each year is appropriated from new text end 11.22 new text begin the general fund to the commissioner of new text end 11.23 new text begin employment and economic development for new text end 11.24 new text begin grants of $49,000 to eligible organizations new text end 11.25 new text begin each year and for the purposes of this new text end 11.26 new text begin paragraph. Each state grant dollar must be new text end 11.27 new text begin matched with $1 of nonstate funds. Any new text end 11.28 new text begin balance in the first year does not cancel but new text end 11.29 new text begin is available in the second year. The base for new text end 11.30 new text begin these grants in fiscal years 2010 and 2011 new text end 11.31 new text begin is $189,000 each year, with each eligible new text end 11.32 new text begin organization receiving a $63,000 grant each new text end 11.33 new text begin year. new text end 11.34 new text begin The commissioner of employment and new text end 11.35 new text begin economic development must make grants to new text end 12.1 new text begin organizations to assist in the development new text end 12.2 new text begin of entrepreneurs and small businesses. new text end 12.3 new text begin Three grants must be awarded to continue new text end 12.4 new text begin or to develop a program. One grant must new text end 12.5 new text begin be awarded to the Riverbend Center for new text end 12.6 new text begin Entrepreneurial Facilitation in Blue Earth new text end 12.7 new text begin County, and two to other organizations new text end 12.8 new text begin serving Faribault and Martin Counties. Grant new text end 12.9 new text begin recipients must report to the commissioner new text end 12.10 new text begin by February 1 of each year that the new text end 12.11 new text begin organization receives a grant with the new text end 12.12 new text begin number of customers served; the number of new text end 12.13 new text begin businesses started, stabilized, or expanded; new text end 12.14 new text begin the number of jobs created and retained; and new text end 12.15 new text begin business success rates. The commissioner new text end 12.16 new text begin must report to the house of representatives new text end 12.17 new text begin and senate committees with jurisdiction new text end 12.18 new text begin over economic development finance on the new text end 12.19 new text begin effectiveness of these programs for assisting new text end 12.20 new text begin in the development of entrepreneurs and new text end 12.21 new text begin small businesses. new text end 12.22 new text begin (bb) $4,100,000 the first year is for grants new text end 12.23 new text begin under Minnesota Statutes, section 116J.8731, new text end 12.24 new text begin for the Minnesota investment fund program. new text end 12.25 new text begin Of this amount, up to $2,000,000 may new text end 12.26 new text begin be used for a legal reference office and new text end 12.27 new text begin data center facility, provided that the total new text end 12.28 new text begin capital investment in the facility is at least new text end 12.29 new text begin $60,000,000. This grant is not subject to new text end 12.30 new text begin grant limitations under Minnesota Statutes, new text end 12.31 new text begin section 116J.8731, subdivision 5. This is a new text end 12.32 new text begin onetime appropriation. new text end 12.33 new text begin Subd. 3. new text end new text begin Workforce Development new text end new text begin 50,024,000 new text end new text begin 49,833,000 new text end 13.1 new text begin Appropriations by Fund new text end 13.2 new text begin General new text end new text begin 34,029,000 new text end new text begin 33,838,000 new text end 13.3 13.4 new text begin Workforce new text end new text begin Development new text end new text begin 15,995,000 new text end new text begin 15,995,000 new text end 13.5 new text begin (a) $6,785,000 the first year and $6,785,000 new text end 13.6 new text begin the second year are from the general fund new text end 13.7 new text begin for the Minnesota job skills partnership new text end 13.8 new text begin program under Minnesota Statutes, sections new text end 13.9 new text begin to 116L.17. If the appropriation for new text end 13.10 new text begin either year is insufficient, the appropriation new text end 13.11 new text begin for the other year is available for it. This new text end 13.12 new text begin appropriation does not cancel. new text end 13.13 new text begin (b) $455,000 the first year and $455,000 the new text end 13.14 new text begin second year are from the general fund for new text end 13.15 new text begin a grant under Minnesota Statutes, section new text end 13.16 new text begin , to Twin Cities RISE! to provide new text end 13.17 new text begin training to hard-to-train individuals. new text end 13.18 new text begin (c) $1,375,000 each year is from new text end 13.19 new text begin the workforce development fund for new text end 13.20 new text begin Opportunities Industrialization Center new text end 13.21 new text begin programs. new text end 13.22 new text begin (d) $5,614,000 each year is from the general new text end 13.23 new text begin fund and $6,920,000 each year is from the new text end 13.24 new text begin workforce development fund for extended new text end 13.25 new text begin employment services for persons with new text end 13.26 new text begin severe disabilities or related conditions under new text end 13.27 new text begin Minnesota Statutes, section 268A.15. Of this, new text end 13.28 new text begin $125,000 each year and in the base for fiscal new text end 13.29 new text begin years 2010 and 2011 is to supplement funds new text end 13.30 new text begin paid for wage incentives for the community new text end 13.31 new text begin support fund established in Minnesota Rules, new text end 13.32 new text begin part 3300.2045. new text end 13.33 new text begin (e) $1,650,000 the first year and $1,650,000 new text end 13.34 new text begin the second year are from the general fund for new text end 13.35 new text begin grants for programs that provide employment new text end 14.1 new text begin support services to persons with mental new text end 14.2 new text begin illness under Minnesota Statutes, sections new text end 14.3 new text begin and 268A.14. Up to $77,000 each new text end 14.4 new text begin year may be used for administrative and new text end 14.5 new text begin salary expenses. new text end 14.6 new text begin (f) $2,440,000 the first year and $2,440,000 new text end 14.7 new text begin the second year are from the general new text end 14.8 new text begin fund for grants under Minnesota Statutes, new text end 14.9 new text begin section new text end new text begin , for the eight centers new text end 14.10 new text begin for independent living. The base for this new text end 14.11 new text begin program is $2,190,000 each year in fiscal new text end 14.12 new text begin years 2010 and 2011. Money not expended new text end 14.13 new text begin the first year is available the second year. new text end 14.14 new text begin The commissioner must: new text end 14.15 new text begin (1) transfer $115,000 of federal independent new text end 14.16 new text begin living Part B rehabilitation services funds new text end 14.17 new text begin to the Minnesota Centers for Independent new text end 14.18 new text begin Living each year contingent upon the new text end 14.19 new text begin availability of federal funds under Title VII, new text end 14.20 new text begin Part B, of the Federal Rehabilitation Act of new text end 14.21 new text begin 1973 as amended under United States Code, new text end 14.22 new text begin title 29, section 711(c), and approved by the new text end 14.23 new text begin Statewide Independent Living Council; new text end 14.24 new text begin (2) replace federal Part B funds in the new text end 14.25 new text begin State Independent Living Council budget new text end 14.26 new text begin transferred under clause (1) with $115,000 new text end 14.27 new text begin of Social Security Administration program new text end 14.28 new text begin income funds each year; and new text end 14.29 new text begin (3) provide an additional $185,000 each year new text end 14.30 new text begin from the Social Security Administration new text end 14.31 new text begin program income to the Minnesota Centers for new text end 14.32 new text begin Independent Living to be allocated equally new text end 14.33 new text begin among the eight centers. new text end 14.34 new text begin Additional funding for centers for new text end 14.35 new text begin independent living under clauses (1) and (3) new text end 15.1 new text begin must be used for core independent living new text end 15.2 new text begin services by the Centers for Independent new text end 15.3 new text begin Living. The Statewide Independent Living new text end 15.4 new text begin Council framework for statewide distribution new text end 15.5 new text begin of state and federal funding to the Minnesota new text end 15.6 new text begin Centers for Independent Living does not new text end 15.7 new text begin apply to the funds under clauses (1) and new text end 15.8 new text begin (3). The commissioner must report on the new text end 15.9 new text begin transfers in clauses (1), (2), and (3), and any new text end 15.10 new text begin other effort to pursue additional funding for new text end 15.11 new text begin the Centers for Independent Living to the new text end 15.12 new text begin standing committees of the senate and house new text end 15.13 new text begin of representatives having jurisdiction over new text end 15.14 new text begin Centers for Independent Living by March 15 new text end 15.15 new text begin each year. new text end 15.16 new text begin (g) $5,940,000 the first year and $5,940,000 new text end 15.17 new text begin the second year are from the general fund for new text end 15.18 new text begin state services for the blind activities. new text end 15.19 new text begin (h) $150,000 the first year and $150,000 new text end 15.20 new text begin the second year are from the general fund new text end 15.21 new text begin and $175,000 the first year and $175,000 new text end 15.22 new text begin the second year are from the workforce new text end 15.23 new text begin development fund for grants under Minnesota new text end 15.24 new text begin Statutes, section 268A.03, to Rise, Inc. new text end 15.25 new text begin for the Minnesota Employment Center for new text end 15.26 new text begin People Who are Deaf or Hard-of-Hearing. new text end 15.27 new text begin Money not expended the first year is new text end 15.28 new text begin available the second year. new text end 15.29 new text begin (i) $9,021,000 the first year and $9,021,000 new text end 15.30 new text begin the second year are from the general fund for new text end 15.31 new text begin the state's vocational rehabilitation program new text end 15.32 new text begin for people with significant disabilities to new text end 15.33 new text begin assist with employment, under Minnesota new text end 15.34 new text begin Statutes, chapter 268A. new text end 16.1 new text begin (j) $350,000 the first year and $350,000 new text end 16.2 new text begin the second year are from the workforce new text end 16.3 new text begin development fund for grants to provide new text end 16.4 new text begin interpreters for a regional transition program new text end 16.5 new text begin that specializes in providing culturally new text end 16.6 new text begin appropriate transition services leading to new text end 16.7 new text begin employment for deaf, hard-of-hearing, and new text end 16.8 new text begin deaf-blind students. This amount must be new text end 16.9 new text begin added to the department's base. new text end 16.10 new text begin (k) $150,000 the first year and $150,000 the new text end 16.11 new text begin second year are for a grant to Advocating new text end 16.12 new text begin Change Together for training, technical new text end 16.13 new text begin assistance, and resources materials to persons new text end 16.14 new text begin with developmental and mental illness new text end 16.15 new text begin disabilities. new text end 16.16 new text begin (l) $250,000 the first year and $250,000 new text end 16.17 new text begin the second year are from the workforce new text end 16.18 new text begin development fund and $150,000 the first new text end 16.19 new text begin year and $100,000 the second year are from new text end 16.20 new text begin the general fund for a grant to Lifetrack new text end 16.21 new text begin Resources for its immigrant and refugee new text end 16.22 new text begin collaborative programs, including those new text end 16.23 new text begin related to job-seeking skills and workplace new text end 16.24 new text begin orientation, intensive job development, new text end 16.25 new text begin functional work English, and on-site job new text end 16.26 new text begin coaching. $50,000 of the first year general new text end 16.27 new text begin fund appropriation is for a onetime pilot new text end 16.28 new text begin Lifetrack project in Rochester. new text end 16.29 new text begin (m) $575,000 the first year and $575,000 new text end 16.30 new text begin the second year are from the general fund new text end 16.31 new text begin and $500,000 the first year and $500,000 new text end 16.32 new text begin the second year are from the workforce new text end 16.33 new text begin development fund for the youthbuild new text end 16.34 new text begin program under Minnesota Statutes, sections new text end 17.1 new text begin 116L.361 to 116L.366. This appropriation new text end 17.2 new text begin may be used for: new text end 17.3 new text begin (1) restoring the three youthbuild programs new text end 17.4 new text begin that were eliminated due to budget reductions new text end 17.5 new text begin and adding seven more youthbuild programs new text end 17.6 new text begin statewide; new text end 17.7 new text begin (2) restoring funding levels for all youthbuild new text end 17.8 new text begin programs plus an inflationary increase for new text end 17.9 new text begin each program; new text end 17.10 new text begin (3) increasing the number of at-risk youth new text end 17.11 new text begin served by the youthbuild programs from 260 new text end 17.12 new text begin youth per year to 500 youth per year; and new text end 17.13 new text begin (4) restoring the youthbuild focus on careers new text end 17.14 new text begin in technology and adding a youthbuild focus new text end 17.15 new text begin on careers in the medical field. new text end 17.16 new text begin (n) $1,325,000 each year is from the new text end 17.17 new text begin workforce development fund for grants new text end 17.18 new text begin to fund summer youth employment in new text end 17.19 new text begin Minneapolis. The grants shall be used to new text end 17.20 new text begin fund up to 500 jobs for youth each summer. new text end 17.21 new text begin Of this appropriation, $325,000 each year is new text end 17.22 new text begin for a grant to the learn-to-earn summer youth new text end 17.23 new text begin employment program. The commissioner new text end 17.24 new text begin shall establish criteria for awarding the new text end 17.25 new text begin grants. This appropriation is available in new text end 17.26 new text begin either year of the biennium and is available new text end 17.27 new text begin until spent. new text end 17.28 new text begin (o) $600,000 the first year and $600,000 new text end 17.29 new text begin the second year are from the workforce new text end 17.30 new text begin development fund for a grant to the city of new text end 17.31 new text begin St. Paul for grants to fund summer youth new text end 17.32 new text begin employment in St. Paul. The grants shall be new text end 17.33 new text begin used to fund up to 500 jobs for youth each new text end 17.34 new text begin summer. The commissioner shall establish new text end 17.35 new text begin criteria for awarding the grants within the new text end 18.1 new text begin city of St. Paul. This appropriation is new text end 18.2 new text begin available in either year of the biennium and new text end 18.3 new text begin is available until spent. new text end 18.4 new text begin (p) $250,000 the first year and $250,000 the new text end 18.5 new text begin second year are from the general fund for new text end 18.6 new text begin grants to Northern Connections in Perham new text end 18.7 new text begin to implement and operate a pilot workforce new text end 18.8 new text begin program that provides one-stop supportive new text end 18.9 new text begin services to individuals as they transition into new text end 18.10 new text begin the workforce. new text end 18.11 new text begin (q) $100,000 each year is for a grant to new text end 18.12 new text begin Ramsey County Workforce Investment Board new text end 18.13 new text begin for the development of the building lives new text end 18.14 new text begin program. This is a onetime appropriation. new text end 18.15 new text begin (r) $150,000 each year is for a grant to the new text end 18.16 new text begin Hennepin-Carver Workforce Investment new text end 18.17 new text begin Board (WIB) to coordinate with the Partners new text end 18.18 new text begin for Progress Regional Skills Consortium new text end 18.19 new text begin to provide employment and training as new text end 18.20 new text begin demonstrated by the Twin Cities regional new text end 18.21 new text begin health care training partnership project. new text end 18.22 new text begin (s) $160,000 the first year is for a onetime new text end 18.23 new text begin grant to Workforce Development, Inc., for new text end 18.24 new text begin a pilot project to provide demand-driven new text end 18.25 new text begin employment and training services to new text end 18.26 new text begin welfare recipients and other economically new text end 18.27 new text begin disadvantaged populations in Mower, new text end 18.28 new text begin Freeborn, Dodge, and Steele Counties. new text end 18.29 new text begin (t) $200,000 the first year and $200,000 the new text end 18.30 new text begin second year are from the general fund for new text end 18.31 new text begin a grant to HIRED to operate its industry new text end 18.32 new text begin sector training initiatives, which provide new text end 18.33 new text begin employee training developed in collaboration new text end 18.34 new text begin with employers in specific, high-demand new text end 18.35 new text begin industries. new text end 19.1 new text begin (u) $100,000 the first year is for a onetime new text end 19.2 new text begin grant to a nonprofit organization. The new text end 19.3 new text begin nonprofit organization must work on behalf new text end 19.4 new text begin of all licensed vendors to coordinate their new text end 19.5 new text begin efforts to respond to solicitations or other new text end 19.6 new text begin requests from private and governmental units new text end 19.7 new text begin as defined in Minnesota Statutes, section new text end 19.8 new text begin 471.59, subdivision 1, in order to increase new text end 19.9 new text begin employment opportunities for persons with new text end 19.10 new text begin disabilities. new text end 19.11 new text begin (v) $3,500,000 each year from the workforce new text end 19.12 new text begin development fund is for the Minnesota youth new text end 19.13 new text begin program under Minnesota Statutes, sections new text end 19.14 new text begin 116L.56 and 116L.561. new text end 19.15 new text begin (w) $1,000,000 each year from the workforce new text end 19.16 new text begin development fund is for a grant to the new text end 19.17 new text begin Minnesota Alliance of Boys and Girls new text end 19.18 new text begin Clubs to administer a statewide project new text end 19.19 new text begin of youth job skills development. This new text end 19.20 new text begin project, which may have career guidance new text end 19.21 new text begin components, including health and life skills, new text end 19.22 new text begin is to encourage, train, and assist youth in new text end 19.23 new text begin job-seeking skills, workplace orientation, new text end 19.24 new text begin and job site knowledge through coaching. new text end 19.25 new text begin This grant requires a 25 percent match from new text end 19.26 new text begin nonstate resources. new text end 19.27 new text begin (x) $10,000 the first year is for a study on new text end 19.28 new text begin ways to promote employment opportunities new text end 19.29 new text begin for minorities, with a particular focus on new text end 19.30 new text begin opportunities for African Americans, in new text end 19.31 new text begin the state of Minnesota. The study should new text end 19.32 new text begin focus on how to significantly expand the job new text end 19.33 new text begin training available to minorities and promote new text end 19.34 new text begin substantial increases in the wages paid to new text end 19.35 new text begin minorities, at least to a rate well above living new text end 20.1 new text begin wage, and within several years, to equality. new text end 20.2 new text begin The commissioner must report on the study new text end 20.3 new text begin to the governor and the chair of the finance new text end 20.4 new text begin committee in each house of the legislature new text end 20.5 new text begin that has jurisdiction over employment by new text end 20.6 new text begin January 15, 2008, with recommendations for new text end 20.7 new text begin implementing the findings. new text end 20.8 new text begin (y) The commissioner must provide funding new text end 20.9 new text begin for the Minnesota Conservation Corps to new text end 20.10 new text begin provide learning stipends for deaf students new text end 20.11 new text begin and wages for interpreters participating in new text end 20.12 new text begin the MCC summer youth program. new text end 20.13 new text begin Subd. 4. new text end new text begin State-Funded Administration new text end new text begin 3,009,000 new text end new text begin 3,042,000 new text end 20.14 new text begin The first $1,450,000 deposited in each new text end 20.15 new text begin year of the biennium and in each year of new text end 20.16 new text begin subsequent bienniums into the contingent new text end 20.17 new text begin account created under Minnesota Statutes, new text end 20.18 new text begin section 268.196, subdivision 3, shall be new text end 20.19 new text begin transferred by June 30 of each fiscal year new text end 20.20 new text begin to the workforce development fund created new text end 20.21 new text begin under Minnesota Statutes, section 116L.20. new text end 20.22 new text begin Deposits in excess of $1,450,000 shall be new text end 20.23 new text begin transferred by June 30 of each fiscal year to new text end 20.24 new text begin the general fund. new text end 20.25 Sec. 4. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 11,178,000 new text end new text begin $ new text end new text begin 11,130,000 new text end 20.26 new text begin (a) To develop maximum private sector new text end 20.27 new text begin involvement in tourism, $500,000 the first new text end 20.28 new text begin year and $500,000 the second year must new text end 20.29 new text begin be matched by Explore Minnesota Tourism new text end 20.30 new text begin from nonstate sources. Each $1 of state new text end 20.31 new text begin incentive must be matched with $3 of private new text end 20.32 new text begin sector funding. Cash match is defined as new text end 20.33 new text begin revenue to the state or documented cash new text end 20.34 new text begin expenditures directly expended to support new text end 21.1 new text begin Explore Minnesota Tourism programs. Up new text end 21.2 new text begin to one-half of the private sector contribution new text end 21.3 new text begin may be in-kind or soft match. The incentive new text end 21.4 new text begin in the first year shall be based on fiscal new text end 21.5 new text begin year 2007 private sector contributions as new text end 21.6 new text begin prescribed in Laws 2005, First Special new text end 21.7 new text begin Session chapter 1, article 3, section 6. The new text end 21.8 new text begin incentive increase in the second year will new text end 21.9 new text begin be based on fiscal year 2008 private sector new text end 21.10 new text begin contributions. This incentive is ongoing. new text end 21.11 new text begin Funding for the marketing grants is available new text end 21.12 new text begin either year of the biennium. Unexpended new text end 21.13 new text begin grant funds from the first year are available new text end 21.14 new text begin in the second year. new text end 21.15 new text begin Any unexpended money from the general new text end 21.16 new text begin fund appropriations made under this section new text end 21.17 new text begin does not cancel but must be placed in a new text end 21.18 new text begin special marketing account for use by Explore new text end 21.19 new text begin Minnesota Tourism for additional marketing new text end 21.20 new text begin activities. new text end 21.21 new text begin (b) $325,000 the first year and $325,000 the new text end 21.22 new text begin second year are for the Minnesota Film and new text end 21.23 new text begin TV Board. The appropriation in each year new text end 21.24 new text begin is available only upon receipt by the board new text end 21.25 new text begin of $1 in matching contributions of money or new text end 21.26 new text begin in-kind contributions from nonstate sources new text end 21.27 new text begin for every $3 provided by this appropriation. new text end 21.28 new text begin (c) $650,000 the first year and $650,000 new text end 21.29 new text begin the second year are appropriated for a grant new text end 21.30 new text begin to the Minnesota Film and TV Board for new text end 21.31 new text begin the film jobs production program under new text end 21.32 new text begin Minnesota Statutes, section 116U.26. These new text end 21.33 new text begin appropriations are available in either year new text end 21.34 new text begin of the biennium and are available until new text end 21.35 new text begin expended. new text end 22.1 new text begin (d) $150,000 the first year is for a onetime new text end 22.2 new text begin grant to St. Louis County to be used for new text end 22.3 new text begin feasibility studies and planning activities new text end 22.4 new text begin concerning additional uses for the St. Louis new text end 22.5 new text begin County Heritage and Arts Center at the new text end 22.6 new text begin Duluth depot. The studies and planning new text end 22.7 new text begin activities must include: new text end 22.8 new text begin (1) examining the costs and benefits of new text end 22.9 new text begin relocating the Northeast Minnesota Office of new text end 22.10 new text begin Tourism to the Duluth depot; new text end 22.11 new text begin (2) establishing a heritage tourism center at new text end 22.12 new text begin the Duluth depot; new text end 22.13 new text begin (3) developing a multimodal operational plan new text end 22.14 new text begin integrating railroad and bus service; and new text end 22.15 new text begin (4) identifying additional services and new text end 22.16 new text begin activities that would contribute toward new text end 22.17 new text begin returning the Duluth depot to being a new text end 22.18 new text begin working railroad station and cultural gateway new text end 22.19 new text begin to Duluth and St. Louis County. new text end 22.20 new text begin This appropriation is available until new text end 22.21 new text begin expended. new text end 22.22 Sec. 5. new text begin HOUSING FINANCE AGENCY new text end 22.23 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 69,323,000 new text end new text begin $ new text end new text begin 45,234,000 new text end 22.24 new text begin The amounts that may be spent for each new text end 22.25 new text begin purpose are specified in the following new text end 22.26 new text begin subdivisions. new text end 22.27 new text begin This appropriation is for transfer to the new text end 22.28 new text begin housing development fund for the programs new text end 22.29 new text begin specified. Except as otherwise indicated, this new text end 22.30 new text begin transfer is part of the agency's permanent new text end 22.31 new text begin budget base. new text end 22.32 new text begin Subd. 2. new text end new text begin Challenge Program new text end new text begin 24,622,000 new text end new text begin 9,622,000 new text end 23.1 new text begin For the economic development and housing new text end 23.2 new text begin challenge program under Minnesota Statutes, new text end 23.3 new text begin section new text end new text begin , for housing that: new text end 23.4 new text begin (1) conserves energy and utilizes sustainable, new text end 23.5 new text begin healthy building materials; new text end 23.6 new text begin (2) preserves sensitive natural areas and new text end 23.7 new text begin open spaces and minimizes the need for new new text end 23.8 new text begin infrastructure; new text end 23.9 new text begin (3) is accessible to jobs and services through new text end 23.10 new text begin integration with transportation or transit new text end 23.11 new text begin systems; and new text end 23.12 new text begin (4) expands the mix of housing choices in new text end 23.13 new text begin a community by diversifying the levels of new text end 23.14 new text begin housing affordability. new text end 23.15 new text begin The agency may fund demonstration projects new text end 23.16 new text begin that have unique approaches to achieving the new text end 23.17 new text begin housing described in clauses (1) to (4). new text end 23.18 new text begin Subd. 3. new text end new text begin Housing Trust Fund new text end new text begin 13,555,000 new text end new text begin 8,555,000 new text end 23.19 new text begin For deposit in the housing trust fund account new text end 23.20 new text begin created under Minnesota Statutes, section new text end 23.21 new text begin 462A.201, and used for the purposes new text end 23.22 new text begin provided in that section. new text end 23.23 new text begin Subd. 4. new text end new text begin Rental Assistance for Mentally Ill new text end new text begin 2,638,000 new text end new text begin 2,638,000 new text end 23.24 new text begin For a rental housing assistance program for new text end 23.25 new text begin persons with a mental illness or families with new text end 23.26 new text begin an adult member with a mental illness under new text end 23.27 new text begin Minnesota Statutes, section new text end new text begin . The new text end 23.28 new text begin agency must not reduce the funding under new text end 23.29 new text begin this subdivision. new text end 23.30 new text begin Subd. 5. new text end new text begin Family Homeless Prevention new text end new text begin 7,465,000 new text end new text begin 7,465,000 new text end 23.31 new text begin For family homeless prevention and new text end 23.32 new text begin assistance programs under Minnesota new text end 23.33 new text begin Statutes, section new text end new text begin . Any balance in new text end 24.1 new text begin the first year does not cancel but is available new text end 24.2 new text begin in the second year. new text end 24.3 new text begin Subd. 6. new text end new text begin Home Ownership Assistance Fund new text end new text begin 885,000 new text end new text begin 885,000 new text end 24.4 new text begin For the home ownership assistance program new text end 24.5 new text begin under Minnesota Statutes, section 462A.21, new text end 24.6 new text begin subdivision 8. new text end 24.7 new text begin Subd. 7. new text end new text begin Affordable Rental Investment Fund new text end new text begin 11,496,000 new text end new text begin 8,996,000 new text end 24.8 new text begin For the affordable rental investment fund new text end 24.9 new text begin program under Minnesota Statutes, section new text end 24.10 new text begin 462A.21, subdivision 8b new text end new text begin . new text end 24.11 new text begin This appropriation is to finance the new text end 24.12 new text begin acquisition, rehabilitation, and debt new text end 24.13 new text begin restructuring of federally assisted rental new text end 24.14 new text begin property and for making equity take-out new text end 24.15 new text begin loans under Minnesota Statutes, section new text end 24.16 new text begin , subdivision 39. new text end 24.17 new text begin The owner of the federally assisted rental new text end 24.18 new text begin property must agree to participate in new text end 24.19 new text begin the applicable federally assisted housing new text end 24.20 new text begin program and to extend any existing new text end 24.21 new text begin low-income affordability restrictions on the new text end 24.22 new text begin housing for the maximum term permitted. new text end 24.23 new text begin The owner must also enter into an agreement new text end 24.24 new text begin that gives local units of government, new text end 24.25 new text begin housing and redevelopment authorities, new text end 24.26 new text begin and nonprofit housing organizations the new text end 24.27 new text begin right of first refusal if the rental property new text end 24.28 new text begin is offered for sale. Priority must be given new text end 24.29 new text begin among comparable federally assisted rental new text end 24.30 new text begin properties to properties with the longest new text end 24.31 new text begin remaining term under an agreement for new text end 24.32 new text begin federal rental assistance. Priority must also new text end 24.33 new text begin be given among comparable rental housing new text end 24.34 new text begin developments to developments that are or new text end 24.35 new text begin will be owned by local government units, a new text end 25.1 new text begin housing and redevelopment authority, or a new text end 25.2 new text begin nonprofit housing organization. new text end 25.3 new text begin This appropriation also may be used to new text end 25.4 new text begin finance the acquisition, rehabilitation, and new text end 25.5 new text begin debt restructuring of existing supportive new text end 25.6 new text begin housing properties. For purposes of this new text end 25.7 new text begin subdivision, "supportive housing" means new text end 25.8 new text begin affordable rental housing with links to new text end 25.9 new text begin services necessary for individuals, youth, and new text end 25.10 new text begin families with children to maintain housing new text end 25.11 new text begin stability. new text end 25.12 new text begin Of this amount, $2,500,000 is appropriated new text end 25.13 new text begin for the purposes of financing the new text end 25.14 new text begin rehabilitation and operating costs to preserve new text end 25.15 new text begin public housing. For purposes of this new text end 25.16 new text begin subdivision, "public housing" is housing for new text end 25.17 new text begin low-income persons and households financed new text end 25.18 new text begin by the federal government and owned and new text end 25.19 new text begin operated by public housing authorities and new text end 25.20 new text begin agencies. Eligible public housing authorities new text end 25.21 new text begin must have a public housing assessment new text end 25.22 new text begin system rating of standard or above. Priority new text end 25.23 new text begin among comparable proposals must be given new text end 25.24 new text begin to proposals that maximize federal or local new text end 25.25 new text begin resources to finance the capital and operating new text end 25.26 new text begin costs. new text end 25.27 25.28 new text begin Subd. 8. new text end new text begin Housing Rehabilitation and new text end new text begin Accessibility new text end new text begin 5,587,000 new text end new text begin 4,287,000 new text end 25.29 new text begin For the housing rehabilitation and new text end 25.30 new text begin accessibility program under Minnesota new text end 25.31 new text begin Statutes, section new text end new text begin , subdivisions 14a new text end 25.32 new text begin and 15a. new text end 25.33 new text begin Subd. 9. new text end new text begin Urban Indian Housing Program new text end new text begin 187,000 new text end new text begin 187,000 new text end 25.34 new text begin For the urban Indian housing program new text end 25.35 new text begin under Minnesota Statutes, section 462A.07, new text end 26.1 new text begin subdivision 15. The base is reduced by new text end 26.2 new text begin $7,000 each year in fiscal year 2010 and new text end 26.3 new text begin fiscal year 2011. new text end 26.4 new text begin Subd. 10. new text end new text begin Tribal Indian Housing Program new text end new text begin 1,683,000 new text end new text begin 1,394,000 new text end 26.5 new text begin For the tribal Indian housing program new text end 26.6 new text begin under Minnesota Statutes, section 462A.07, new text end 26.7 new text begin subdivision 14. The base is reduced by new text end 26.8 new text begin $179,000 each year in fiscal year 2010 and new text end 26.9 new text begin fiscal year 2011. new text end 26.10 26.11 new text begin Subd. 11. new text end new text begin Home Ownership Education, new text end new text begin Counseling, and Training new text end new text begin 865,000 new text end new text begin 865,000 new text end 26.12 new text begin For the home ownership education, new text end 26.13 new text begin counseling, and training program under new text end 26.14 new text begin Minnesota Statutes, section new text end new text begin . new text end 26.15 new text begin Subd. 12. new text end new text begin Capacity Building Grants new text end new text begin 340,000 new text end new text begin 340,000 new text end 26.16 new text begin For nonprofit capacity building grants new text end 26.17 new text begin under Minnesota Statutes, section new text end new text begin , new text end 26.18 new text begin subdivision 3b. The base is reduced by new text end 26.19 new text begin $90,000 each year in fiscal year 2010 and new text end 26.20 new text begin fiscal year 2011. new text end 26.21 Sec. 6. new text begin LABOR AND INDUSTRY new text end 26.22 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 22,909,000 new text end new text begin $ new text end new text begin 23,174,000 new text end 26.23 new text begin Appropriations by Fund new text end 26.24 new text begin 2008 new text end new text begin 2009 new text end 26.25 new text begin General new text end new text begin 1,069,000 new text end new text begin 1,024,000 new text end 26.26 26.27 new text begin Workers' new text end new text begin Compensation new text end new text begin 21,076,000 new text end new text begin 21,371,000 new text end 26.28 26.29 new text begin Workforce new text end new text begin Development new text end new text begin 764,000 new text end new text begin 779,000 new text end 26.30 new text begin The amounts that may be spent for each new text end 26.31 new text begin purpose are specified in the following new text end 26.32 new text begin subdivisions. new text end 26.33 new text begin Subd. 2. new text end new text begin Workers' Compensation new text end new text begin 10,360,000 new text end new text begin 10,617,000 new text end 27.1 new text begin This appropriation is from the workers' new text end 27.2 new text begin compensation fund. new text end 27.3 new text begin Up to $200,000 the first year and up to new text end 27.4 new text begin $200,000 the second year are for grants new text end 27.5 new text begin to the Vinland Center for rehabilitation new text end 27.6 new text begin services. The grants shall be distributed as new text end 27.7 new text begin the department refers injured workers to new text end 27.8 new text begin the Vinland Center to receive rehabilitation new text end 27.9 new text begin services. new text end 27.10 new text begin Subd. 3. new text end new text begin Safety Codes and Services new text end new text begin 4,685,000 new text end new text begin 4,773,000 new text end 27.11 new text begin This appropriation is from the workers' new text end 27.12 new text begin compensation fund. new text end 27.13 new text begin $500,000 the first year and $500,000 new text end 27.14 new text begin the second year are from the workers' new text end 27.15 new text begin compensation fund for patient safe handling new text end 27.16 new text begin grants under Minnesota Statutes, section new text end 27.17 new text begin 182.6553. This is a onetime appropriation new text end 27.18 new text begin and is available until expended. new text end 27.19 new text begin Subd. 4. new text end new text begin Labor Standards/Apprenticeship new text end new text begin 1,833,000 new text end new text begin 1,803,000 new text end 27.20 new text begin Appropriations by Fund new text end 27.21 new text begin General new text end new text begin 1,069,000 new text end new text begin 1,024,000 new text end 27.22 27.23 new text begin Workforce new text end new text begin Development new text end new text begin 764,000 new text end new text begin 779,000 new text end 27.24 new text begin The appropriation from the workforce new text end 27.25 new text begin development fund is for the apprenticeship new text end 27.26 new text begin program under Minnesota Statutes, chapter new text end 27.27 new text begin 178, and includes $100,000 each year for new text end 27.28 new text begin labor education and advancement program new text end 27.29 new text begin grants. new text end 27.30 new text begin $360,000 the first year and $300,000 the new text end 27.31 new text begin second year from the general fund are for new text end 27.32 new text begin prevailing wage enforcement of which new text end 27.33 new text begin $60,000 in the first year is for outreach and new text end 27.34 new text begin survey participation improvements. new text end 28.1 new text begin Subd. 5. new text end new text begin General Support new text end new text begin 6,031,000 new text end new text begin 5,981,000 new text end 28.2 new text begin This appropriation is from the workers' new text end 28.3 new text begin compensation fund. new text end 28.4 28.5 Sec. 7. new text begin BUREAU OF MEDIATION new text end new text begin SERVICES new text end 28.6 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 1,864,000 new text end new text begin $ new text end new text begin 1,904,000 new text end 28.7 new text begin The amounts that may be spent for each new text end 28.8 new text begin purpose are specified in the following new text end 28.9 new text begin subdivisions. new text end 28.10 new text begin Subd. 2. new text end new text begin Mediation Services new text end new text begin 1,714,000 new text end new text begin 1,754,000 new text end 28.11 28.12 new text begin Subd. 3. new text end new text begin Labor Management Cooperation new text end new text begin Grants new text end new text begin 150,000 new text end new text begin 150,000 new text end 28.13 new text begin $150,000 the first year and $150,000 new text end 28.14 new text begin the second year are for grants to area new text end 28.15 new text begin labor-management committees. Grants may new text end 28.16 new text begin be awarded for a 12-month period beginning new text end 28.17 new text begin July 1 of each year. Any unencumbered new text end 28.18 new text begin balance remaining at the end of the first new text end 28.19 new text begin year does not cancel but is available for the new text end 28.20 new text begin second year. new text end 28.21 28.22 Sec. 8. new text begin WORKERS' COMPENSATION new text end new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 1,660,000 new text end new text begin $ new text end new text begin 1,703,000 new text end 28.23 new text begin This appropriation is from the workers' new text end 28.24 new text begin compensation fund. new text end 28.25 28.26 Sec. 9. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end 28.27 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 25,994,000 new text end new text begin $ new text end new text begin 24,504,000 new text end 28.28 new text begin The amounts that may be spent for each new text end 28.29 new text begin purpose are specified in the following new text end 28.30 new text begin subdivisions. Of the appropriations, new text end 28.31 new text begin $500,000 the first year and $500,000 the new text end 28.32 new text begin second year are for increased building lease new text end 29.1 new text begin costs. These amounts are added to the new text end 29.2 new text begin department's base. new text end 29.3 new text begin Subd. 2. new text end new text begin Education and Outreach new text end new text begin 14,875,000 new text end new text begin 13,862,000 new text end 29.4 new text begin (a) Of this amount, $750,000 the first year is new text end 29.5 new text begin a onetime appropriation for the Minnesota new text end 29.6 new text begin Sesquicentennial Commission. Of this new text end 29.7 new text begin appropriation, $325,000 is for competitive new text end 29.8 new text begin matching grants for local events and projects; new text end 29.9 new text begin $325,000 is for planning and support of new text end 29.10 new text begin statewide activities, and up to $100,000 may new text end 29.11 new text begin be used for administration. new text end 29.12 new text begin The Minnesota Historical Society, the State new text end 29.13 new text begin Arts Board, and Explore Minnesota Tourism new text end 29.14 new text begin may assist the commission in designing and new text end 29.15 new text begin implementing the grants program. new text end 29.16 new text begin The commission shall encourage private new text end 29.17 new text begin contributions to match the state funds to the new text end 29.18 new text begin greatest extent possible. Any gifts, pledges, new text end 29.19 new text begin membership fees, or contributions received new text end 29.20 new text begin by the commission are appropriated to the new text end 29.21 new text begin commission. new text end 29.22 new text begin (b) $500,000 the first year is for a grant-in-aid new text end 29.23 new text begin program for county and local historical new text end 29.24 new text begin societies. The Minnesota Historical Society new text end 29.25 new text begin shall establish program guidelines and new text end 29.26 new text begin grant evaluation and award criteria for the new text end 29.27 new text begin program. Each dollar of state funds awarded new text end 29.28 new text begin to a grantee must be matched with nonstate new text end 29.29 new text begin funds on a dollar-for-dollar basis by a new text end 29.30 new text begin grantee. This is a onetime appropriation and new text end 29.31 new text begin is available until expended. new text end 29.32 new text begin (c) Notwithstanding Minnesota Statutes, new text end 29.33 new text begin section 138.668, the Minnesota Historical new text end 29.34 new text begin Society may not charge a fee for its general new text end 30.1 new text begin tours at the Capitol, but may charge fees for new text end 30.2 new text begin special programs other than general tours. new text end 30.3 new text begin Subd. 3. new text end new text begin Preservation and Access new text end new text begin 10,607,000 new text end new text begin 10,396,000 new text end 30.4 new text begin (a) $250,000 the first year is to conduct new text end 30.5 new text begin a conservation survey and for restoration, new text end 30.6 new text begin treatment, moving, and storage of the 1905 new text end 30.7 new text begin historic furnishings and works of art in the new text end 30.8 new text begin Minnesota State Capitol. This is a onetime new text end 30.9 new text begin appropriation and is available until expended. new text end 30.10 new text begin (b) $150,000 the first year is for the new text end 30.11 new text begin preservation of battle flags. This is a onetime new text end 30.12 new text begin appropriation and is available until expended. new text end 30.13 new text begin (c) Funds may be reallocated between new text end 30.14 new text begin paragraphs (a) and (b) for the purpose of new text end 30.15 new text begin maximizing federal funds. new text end 30.16 new text begin Subd. 4. new text end new text begin Fiscal Agent new text end 30.17 new text begin (a) Minnesota International Center new text end new text begin 43,000 new text end new text begin 43,000 new text end 30.18 new text begin (b) Minnesota Air National Guard Museum new text end new text begin 16,000 new text end new text begin -0- new text end 30.19 new text begin (c) Minnesota Military Museum new text end new text begin 100,000 new text end new text begin -0- new text end 30.20 new text begin (d) Farmamerica new text end new text begin 128,000 new text end new text begin 128,000 new text end 30.21 new text begin (e) Balances Forward new text end 30.22 new text begin Any unencumbered balance remaining in new text end 30.23 new text begin this subdivision the first year does not cancel new text end 30.24 new text begin but is available for the second year of the new text end 30.25 new text begin biennium. new text end 30.26 new text begin (f) $75,000 the first year is for a onetime new text end 30.27 new text begin grant to the Nicollet County Historical new text end 30.28 new text begin Society for renovation of the center exhibit new text end 30.29 new text begin gallery in the Treaty Site History Center in new text end 30.30 new text begin St. Peter, including additions to the center's new text end 30.31 new text begin infrastructure and state-of-the-art interpretive new text end 30.32 new text begin elements. This appropriation is available new text end 30.33 new text begin until expended. new text end 31.1 new text begin (g) $75,000 the first year is for a grant to new text end 31.2 new text begin the Hmong Studies Center at Concordia new text end 31.3 new text begin University in St. Paul, Minnesota, to be new text end 31.4 new text begin used for preservation of Hmong historical new text end 31.5 new text begin artifacts and documents. Any part of the new text end 31.6 new text begin appropriation not used in fiscal year 2008 is new text end 31.7 new text begin available for use in fiscal year 2009. This is new text end 31.8 new text begin a onetime appropriation and is available until new text end 31.9 new text begin expended. new text end 31.10 new text begin (h) $75,000 the first year and $75,000 the new text end 31.11 new text begin second year are for a grant to the city of new text end 31.12 new text begin Eveleth to be used for the support of the new text end 31.13 new text begin Hockey Hall of Fame Museum provided new text end 31.14 new text begin that it continues to operate in the city. This new text end 31.15 new text begin grant is in addition to and must not be new text end 31.16 new text begin used to supplant funding under Minnesota new text end 31.17 new text begin Statutes, section 298.28, subdivision 9c. This new text end 31.18 new text begin appropriation is added to the society's base new text end 31.19 new text begin budget. new text end 31.20 new text begin Subd. 5. new text end new text begin Fund Transfer new text end 31.21 new text begin The Minnesota Historical Society may new text end 31.22 new text begin reallocate funds appropriated in and between new text end 31.23 new text begin subdivisions 2 and 3 for any program new text end 31.24 new text begin purposes. new text end 31.25 new text begin Subd. 6. new text end new text begin Minnesota River Valley Study Group new text end 31.26 new text begin The Minnesota Historical Society in new text end 31.27 new text begin cooperation with Explore Minnesota Tourism new text end 31.28 new text begin shall establish and coordinate a Minnesota new text end 31.29 new text begin River Valley study group. The Minnesota new text end 31.30 new text begin River Valley study group shall be comprised new text end 31.31 new text begin of representatives of the Minnesota Valley new text end 31.32 new text begin Scenic Byway Alliance, the Department new text end 31.33 new text begin of Natural Resources, the Department new text end 31.34 new text begin of Transportation, the Minnesota Indian new text end 31.35 new text begin Affairs Council, the Region 6 West, Region new text end 32.1 new text begin 6 East, Region 8 and Region 9 Regional new text end 32.2 new text begin Development Commissions, the Minnesota new text end 32.3 new text begin Historical Society, Explore Minnesota new text end 32.4 new text begin Tourism, State Arts Board, and other new text end 32.5 new text begin interested parties. The study group must new text end 32.6 new text begin develop a plan for coordinated activities new text end 32.7 new text begin among organizations represented on the new text end 32.8 new text begin study group to enhance and promote historic new text end 32.9 new text begin sites, and historic, scenic, and natural new text end 32.10 new text begin features of the Minnesota River Valley new text end 32.11 new text begin area. Study topics shall include, but are new text end 32.12 new text begin not limited to, historic sites related to the new text end 32.13 new text begin Dakota Conflict of 1862 and the state and new text end 32.14 new text begin local preparations for the sesquicentennial of new text end 32.15 new text begin this event. The Minnesota Historical Society new text end 32.16 new text begin and Explore Minnesota Tourism shall report new text end 32.17 new text begin on the findings and recommendations of new text end 32.18 new text begin the Minnesota River Valley study group to new text end 32.19 new text begin the standing committees of the house of new text end 32.20 new text begin representatives and senate with jurisdiction new text end 32.21 new text begin over historic sites and tourism by March 1, new text end 32.22 new text begin 2008. The Minnesota River Valley study new text end 32.23 new text begin group shall serve without compensation. new text end 32.24 Sec. 10. new text begin BOARD OF THE ARTS new text end 32.25 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 10,215,000 new text end new text begin $ new text end new text begin 10,227,000 new text end 32.26 new text begin If the appropriation for either year is new text end 32.27 new text begin insufficient, the appropriation for the other new text end 32.28 new text begin year is available. new text end 32.29 new text begin The amounts that may be spent for each new text end 32.30 new text begin purpose are specified in the following new text end 32.31 new text begin subdivisions. new text end 32.32 new text begin Subd. 2. new text end new text begin Operations and Services new text end new text begin 641,000 new text end new text begin 651,000 new text end 32.33 new text begin Subd. 3. new text end new text begin Grants Program new text end new text begin 6,617,000 new text end new text begin 6,617,000 new text end 33.1 new text begin The base for this program is $6,477,000 each new text end 33.2 new text begin year in the 2010-2011 biennium. new text end 33.3 new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end new text begin 2,957,000 new text end new text begin 2,959,000 new text end 33.4 Sec. 11. new text begin BOARD OF ACCOUNTANCY new text end new text begin $ new text end new text begin 496,000 new text end new text begin $ new text end new text begin 505,000 new text end 33.5 33.6 33.7 33.8 Sec. 12. new text begin BOARD OF ARCHITECTURE, new text end new text begin ENGINEERING, LAND SURVEYING, new text end new text begin LANDSCAPE ARCHITECTURE, new text end new text begin GEOSCIENCE, AND INTERIOR DESIGN new text end new text begin $ new text end new text begin 800,000 new text end new text begin $ new text end new text begin 815,000 new text end 33.9 33.10 Sec. 13. new text begin BOARD OF BARBER AND new text end new text begin COSMETOLOGIST EXAMINERS new text end new text begin $ new text end new text begin 829,000 new text end new text begin $ new text end new text begin 749,000 new text end 33.11 33.12 Sec. 14. new text begin MINNESOTA BOXING new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 50,000 new text end new text begin $ new text end new text begin -0- new text end 33.13 new text begin This is a onetime appropriation to transition new text end 33.14 new text begin the commission to being a self-funded entity. new text end 33.15 33.16 Sec. 15. new text begin MINNESOTA HUMANITIES new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 250,000 new text end new text begin $ new text end new text begin 250,000 new text end 33.17 new text begin Of this amount, ten percent each year is new text end 33.18 new text begin for lifelong learning programs in greater new text end 33.19 new text begin Minnesota communities that do not new text end 33.20 new text begin receive financial support from other large new text end 33.21 new text begin educational institutions. The base budget new text end 33.22 new text begin for the Minnesota Humanities Commission new text end 33.23 new text begin is $250,000 each year in the 2010-2011 new text end 33.24 new text begin biennium. new text end 33.25 Sec. 16. new text begin TRANSFERS new text end 33.26 new text begin The commissioner of labor and industry shall new text end 33.27 new text begin transfer $1,627,000 by June 30, 2008, and new text end 33.28 new text begin $1,515,000 by June 30, 2009, and each year new text end 33.29 new text begin thereafter, from the construction code fund to new text end 33.30 new text begin the general fund. new text end 33.31 new text begin Of the balance remaining in Laws 2005, First new text end 33.32 new text begin Special Session chapter 1, article 3, section new text end 34.1 new text begin 2, subdivision 2, for the methamphetamine new text end 34.2 new text begin laboratory cleanup revolving loan fund, new text end 34.3 new text begin $100,000 is for transfer to the small new text end 34.4 new text begin community wastewater treatment account new text end 34.5 new text begin established in Minnesota Statutes, section new text end 34.6 new text begin 446A.075, subdivision 1. new text end 34.7ARTICLE 2 34.8EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS 34.9    Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a 34.10subdivision to read: 34.11     new text begin Subd. 5. new text end new text begin Data from safety and education programs for loggers. new text end new text begin The following new text end 34.12 new text begin data collected from persons who attend safety and education programs or seminars for new text end 34.13 new text begin loggers established or approved by the commissioner under section 176.130, subdivision new text end 34.14 new text begin 11, is public data: new text end 34.15     new text begin (1) the names of the individuals attending the program or seminar; new text end 34.16     new text begin (2) the names of each attendee's employer; new text end 34.17     new text begin (3) the city where the employer is located; new text end 34.18     new text begin (4) the date the program or seminar was held; and new text end 34.19     new text begin (5) a description of the seminar or program. new text end 34.20    Sec. 2. Minnesota Statutes 2006, section 16B.61, subdivision 1a, is amended to read: 34.21    Subd. 1a. Administration by commissioner. The commissioner shall administer 34.22and enforce the State Building Code as a municipality with respect to public buildings and 34.23state licensed facilities in the state. The commissioner shall establish appropriate permit, 34.24plan review, and inspection fees new text begin , and surcharges new text end for public buildings and state licensed 34.25facilities. Fees and surcharges for public buildings and state licensed facilities must be 34.26remitted to the commissioner, who shall deposit them in the state treasury for credit to 34.27the special revenue fund. 34.28    Municipalities other than the state having an agreement with the commissioner 34.29for code administration and enforcement service for public buildings and state licensed 34.30facilities shall charge their customary fees, including surcharge, to be paid directly to the 34.31jurisdiction by the applicant seeking authorization to construct a public building or a state 34.32licensed facility. The commissioner shall sign an agreement with a municipality other than 34.33the state for plan review, code administration, and code enforcement service for public 34.34buildings and state licensed facilities in the jurisdiction if the building officials of the 35.1municipality meet the requirements of section 16B.65 and wish to provide those services 35.2and if the commissioner determines that the municipality has enough adequately trained 35.3and qualified building inspectors to provide those services for the construction project. 35.4    The commissioner may direct the state building official to assist a community that 35.5has been affected by a natural disaster with building evaluation and other activities related 35.6to building codes. 35.7    Administration and enforcement in a municipality under this section must apply 35.8any optional provisions of the State Building Code adopted by the municipality. A 35.9municipality adopting any optional code provision shall notify the state building official 35.10within 30 days of its adoption. 35.11    The commissioner shall administer and enforce the provisions of the code relating to 35.12elevators statewide, except as provided for under section 16B.747, subdivision 3. 35.13    Sec. 3. Minnesota Statutes 2006, section 16B.65, subdivision 1, is amended to read: 35.14    Subdivision 1. Designation. By January 1, 2002, Each municipality shall designate 35.15a building official to administer the code. A municipality may designate no more than one 35.16building official responsible for code administration defined by each certification category 35.17established in rule. Two or more municipalities may combine in the designation of a 35.18building official for the purpose of administering the provisions of the code within their 35.19communities. In those municipalities for which no building officials have been designated, 35.20the state building official may use whichever state employees are necessary to perform 35.21the duties of the building official until the municipality makes a temporary or permanent 35.22designation. All costs incurred by virtue of these services rendered by state employees 35.23must be borne by the involved municipality and receipts arising from these services must 35.24be paid into the state treasury and credited to the special revenue fund new text begin to the commissioner new text end . 35.25    Sec. 4. Minnesota Statutes 2006, section 16B.65, subdivision 5a, is amended to read: 35.26    Subd. 5a. Administrative action and penalties. The commissioner shall, by rule, 35.27establish a graduated schedule of administrative actions for violations of sections 16B.59 35.28to 16B.75 and rules adopted under those sections. The schedule must be based on and 35.29reflect the culpability, frequency, and severity of the violator's actions. The commissioner 35.30may impose a penalty from the schedule on a certification holder for a violation of sections 35.3116B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to 35.32any criminal penalty imposed for the same violation. Administrative monetary penalties 35.33imposed by the commissioner must be paid to the special revenue fund. 36.1    Sec. 5. Minnesota Statutes 2006, section 16B.70, subdivision 2, is amended to read: 36.2    Subd. 2. Collection and reports. All permit surcharges must be collected by each 36.3municipality and a portion of them remitted to the state. Each municipality having a 36.4population greater than 20,000 people shall prepare and submit to the commissioner once 36.5a month a report of fees and surcharges on fees collected during the previous month 36.6but shall retain the greater of two percent or that amount collected up to $25 to apply 36.7against the administrative expenses the municipality incurs in collecting the surcharges. 36.8All other municipalities shall submit the report and surcharges on fees once a quarter 36.9but shall retain the greater of four percent or that amount collected up to $25 to apply 36.10against the administrative expenses the municipalities incur in collecting the surcharges. 36.11The report, which must be in a form prescribed by the commissioner, must be submitted 36.12together with a remittance covering the surcharges collected by the 15th day following 36.13the month or quarter in which the surcharges are collected. All money collected by the 36.14commissioner through surcharges and other fees prescribed by sections to 36.15shall be deposited in the state government special revenue fund and is appropriated to the 36.16commissioner for the purpose of administering and enforcing the State Building Code 36.17under sections to . 36.18    Sec. 6. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read: 36.19    Subdivision 1. Grant account. A contaminated site cleanup and development 36.20grant account is created in the general fund. Money in the account may be used, as 36.21appropriated by law, to make grants as provided in section 116J.554 and to pay for the 36.22commissioner's costs in reviewing applications and making grants. Notwithstanding 36.23section 16A.28, money appropriated to the account new text begin for this program from any source new text end is 36.24available for four years new text begin until spent new text end . 36.25    Sec. 7. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read: 36.26    Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the 36.27following criteria are met: 36.28    (1) the site is not scheduled for funding during the current or next fiscal year under 36.29the Comprehensive Environmental Response, Compensation, and Liability Act, United 36.30States Code, title 42, section 9601, et seq. or under the Environmental Response, and 36.31Liability Act under sections 115B.01 to 115B.20; 36.32    (2) the appraised value of the site after adjusting for the effect on the value of the 36.33presence or possible presence of contaminants using accepted appraisal methodology, or 36.34the current market value of the site as issued under section , separately taking into 37.1account the effect of the contaminants on the market value, (i) is less than 75 percent of 37.2the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup 37.3costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and 37.4    (3) new text begin (2) new text end if the proposed cleanup is completed, it is expected that the site will be 37.5improved with buildings or other improvements and these improvements will provide a 37.6substantial increase in the property tax base within a reasonable period of time or the site 37.7will be used for an important publicly owned or tax-exempt facility. 37.8    Sec. 8. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read: 37.9    Subdivision 1. Priorities. (a) The legislature expects that applications for grants 37.10will exceed the available appropriations and the agency will be able to provide grants to 37.11only some of the applicant development authorities. 37.12    (b) If applications for grants for qualified sites exceed the available appropriations, 37.13the agency shall make grants for sites that, in the commissioner's judgment, provide 37.14the highest return in public benefits for the public costs incurred and that meet all the 37.15requirements provided by law. In making this judgment, the commissioner shall consider 37.16the following factors: 37.17    (1) the recommendations or ranking of projects by the commissioner of the Pollution 37.18Control Agency regarding the potential threat to public health and the environment that 37.19would be reduced or eliminated by completion of each of the response action plans; 37.20    (2) the potential increase in the property tax base of the local taxing jurisdictions, 37.21considered relative to the fiscal needs of the jurisdictions, that will result from 37.22developments that will occur because of completion of each of the response action plans; 37.23    (3) the social value to the community of the cleanup and redevelopment of the site, 37.24including the importance of development of the proposed public facilities on each of 37.25the sites; 37.26    (4) the probability that each site will be cleaned up without use of government 37.27money in the reasonably foreseeable future new text begin by considering but not limited to the current new text end 37.28 new text begin market value of the site versus the cleanup cost new text end ; 37.29    (5) the amount of cleanup costs for each site; and 37.30    (6) the amount of the commitment of municipal or other local resources to pay for 37.31the cleanup costs. 37.32    The factors are not listed in a rank order of priority; rather the commissioner may 37.33weigh each factor, depending upon the facts and circumstances, as the commissioner 37.34considers appropriate. The commissioner may consider other factors that affect the net 37.35return of public benefits for completion of the response action plan. The commissioner, 38.1notwithstanding the listing of priorities and the goal of maximizing the return of public 38.2benefits, shall make grants that distribute available money to sites both within and outside 38.3of the metropolitan area. The commissioner shall provide a written statement of the 38.4supporting reasons for each grant. Unless sufficient applications are not received for 38.5qualifying sites outside of the metropolitan area, at least 25 percent of the money provided 38.6as grants must be made for sites located outside of the metropolitan area. 38.7    Sec. 9. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read: 38.8    Subdivision 1. Commissioner discretion. The commissioner may make a grant for 38.9up to 50 percent of the eligible costs of a project. The determination of whether to make a 38.10grant for a site is within the discretion of the commissioner, subject to this section and 38.11sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment 38.12account. If the commissioner determines that the applications for grants for projects in 38.13greater Minnesota are less than the amount of grant funds available, the commissioner 38.14may make grants for projects anywhere in Minnesota. The commissioner's decisions and 38.15application of the priorities under this section are not subject to judicial review, except 38.16for abuse of discretion. 38.17    Sec. 10. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read: 38.18    Subd. 1a. Priorities. (a) If applications for grants exceed the available 38.19appropriations, grants shall be made for sites that, in the commissioner's judgment, provide 38.20the highest return in public benefits for the public costs incurred. "Public benefits" include 38.21job creation, bioscience development, environmental benefits to the state and region, 38.22efficient use of public transportation, efficient use of existing infrastructure, provision of 38.23affordable housing, multiuse development that constitutes community rebuilding rather 38.24than single-use development, crime reduction, blight reduction, community stabilization, 38.25and property tax base maintenance or improvement. In making this judgment, the 38.26commissioner shall give priority to redevelopment projects with one or more of the 38.27following characteristics: 38.28    (1) the need for redevelopment in conjunction with contamination remediation needs; 38.29    (2) the redevelopment project meets current tax increment financing requirements 38.30for a redevelopment district and tax increments will contribute to the project; 38.31    (3) the redevelopment potential within the municipality; 38.32    (4) proximity to public transit if located in the metropolitan area; and 38.33     new text begin (5) redevelopment costs related to expansion of a bioscience business in Minnesota; new text end 38.34 new text begin and new text end 39.1    (5) new text begin (6) new text end multijurisdictional projects that take into account the need for affordable 39.2housing, transportation, and environmental impact. 39.3    (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the 39.4commissioner may weigh each factor, depending upon the facts and circumstances, as 39.5the commissioner considers appropriate. new text begin The commissioner may consider other factors new text end 39.6 new text begin that affect the net return of public benefits for completion of the redevelopment plan. The new text end 39.7 new text begin commissioner, notwithstanding the listing of priorities and the goal of maximizing the new text end 39.8 new text begin return of public benefits, shall make grants that distribute available money to sites both new text end 39.9 new text begin within and outside of the metropolitan area. Unless sufficient applications are not received new text end 39.10 new text begin for qualifying sites outside of the metropolitan area, at least 50 percent of the money new text end 39.11 new text begin provided as grants must be made for sites located outside of the metropolitan area. new text end 39.12    Sec. 11. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read: 39.13    Subdivision 1. Generally. (a) The commissioner shall promote, develop, and 39.14facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in 39.15addition to the powers granted by section 116J.035, the commissioner may: 39.16    (1) locate, develop, and promote international markets for Minnesota products 39.17and services; 39.18    (2) arrange and lead trade missions to countries with promising international markets 39.19for Minnesota goods, technology, services, and agricultural products; 39.20    (3) promote Minnesota products and services at domestic and international trade 39.21shows; 39.22    (4) organize, promote, and present domestic and international trade shows featuring 39.23Minnesota products and services; 39.24    (5) host trade delegations and assist foreign traders in contacting appropriate 39.25Minnesota businesses and investments; 39.26    (6) develop contacts with Minnesota businesses and gather and provide information 39.27to assist them in locating and communicating with international trading or joint venture 39.28counterparts; 39.29    (7) provide information, education, and counseling services to Minnesota businesses 39.30regarding the economic, commercial, legal, and cultural contexts of international trade; 39.31    (8) provide Minnesota businesses with international trade leads and information 39.32about the availability and sources of services relating to international trade, such as 39.33export financing, licensing, freight forwarding, international advertising, translation, and 39.34custom brokering; 40.1    (9) locate, attract, and promote foreign direct investment and business development 40.2in Minnesota to enhance employment opportunities in Minnesota; 40.3    (10) provide foreign businesses and investors desiring to locate facilities in 40.4Minnesota information regarding sources of governmental, legal, real estate, financial, and 40.5business services; 40.6    (11) enter into contracts or other agreements with private persons and public entities, 40.7including agreements to establish and maintain offices and other types of representation in 40.8foreign countries, to carry out the purposes of promoting international trade and attracting 40.9investment from foreign countries to Minnesota and to carry out this section, without 40.10regard to section 16C.06; and 40.11    (12) market trade-related materials to businesses and organizations, and the proceeds 40.12of which must be placed in a special revolving account and are appropriated to the 40.13commissioner to prepare and distribute trade-related materials. 40.14    (b) The programs and activities of the commissioner of employment and economic 40.15development and the Minnesota Trade Division may not duplicate programs and activities 40.16of the commissioner of agriculture. 40.17    (c) The commissioner shall notify the chairs of the senate Finance and house Ways 40.18and Means Committees of each agreement under this subdivision to establish and maintain 40.19an office or other type of representation in a foreign country. 40.20     new text begin (d) The Minnesota Trade Office shall serve as the state's office of protocol providing new text end 40.21 new text begin assistance to official visits by foreign government representatives and shall serve as liaison new text end 40.22 new text begin to the foreign diplomatic corps in Minnesota. new text end 40.23    Sec. 12. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision 40.24to read: 40.25     new text begin Subd. 4. new text end new text begin Workforce development intermediaries. new text end new text begin "Workforce development new text end 40.26 new text begin intermediaries" means public, private, or nonprofit entities that provide employment new text end 40.27 new text begin services to low-income individuals and have a demonstrated track record bringing together new text end 40.28 new text begin employers and workers, private and public funding streams, and other stakeholders to new text end 40.29 new text begin implement pathways to career advancement for low-income individuals. Entities may new text end 40.30 new text begin include, but are not limited to, nonprofit organizations, educational institutions, or the new text end 40.31 new text begin administrative entity of a local workforce service area. new text end 40.32    Sec. 13. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read: 40.33    Subd. 1a. Pathways program. The pathways program may provide grants-in-aid 40.34for developing programs which assist in the transition of persons from welfare to work and 41.1assist individuals at or below 200 percent of the federal poverty guidelines. The program 41.2is to be operated by the board. The board shall consult and coordinate with program 41.3administrators at the Department of Employment and Economic Development to design 41.4and provide services for temporary assistance for needy families recipients. 41.5    Pathways grants-in-aid may be awarded to educational or other nonprofit training 41.6institutions new text begin or to workforce development intermediaries new text end for education and training 41.7programs and services supporting education and training programs that serve eligible 41.8recipients. 41.9    Preference shall be given to projects that: 41.10    (1) provide employment with benefits paid to employees; 41.11    (2) provide employment where there are defined career paths for trainees; 41.12    (3) pilot the development of an educational pathway that can be used on a continuing 41.13basis for transitioning persons from welfare to work; and 41.14    (4) demonstrate the active participation of Department of Employment and 41.15Economic Development workforce centers, Minnesota State College and University 41.16institutions and other educational institutions, and local welfare agencies. 41.17    Pathways projects must demonstrate the active involvement and financial 41.18commitment of private business. Pathways projects must be matched with cash or in-kind 41.19contributions on at least a one-to-one new text begin one-half-to-one new text end ratio by participating private 41.20business. 41.21    A single grant to any one institution shall not exceed $400,000. A portion of a grant 41.22may be used for preemployment training. 41.23    Sec. 14. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read: 41.24    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms 41.25have the meanings given them in this subdivision. 41.26    (b) "Commissioner" means the commissioner of employment and economic 41.27development. 41.28    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the 41.29time employment ceased or was working in the state at the time employment ceased and: 41.30    (1) has been permanently separated or has received a notice of permanent separation 41.31from public or private sector employment and is eligible for or has exhausted entitlement 41.32to unemployment benefits, and is unlikely to return to the previous industry or occupation; 41.33    (2) has been long-term unemployed and has limited opportunities for employment 41.34or reemployment in the same or a similar occupation in the area in which the individual 42.1resides, including older individuals who may have substantial barriers to employment by 42.2reason of age; 42.3    (3) new text begin has been terminated or has received a notice of termination of employment as a new text end 42.4 new text begin result of a plant closing or a substantial layoff at a plant, facility, or enterprise; new text end 42.5     new text begin (4) new text end has been self-employed, including farmers and ranchers, and is unemployed as a 42.6result of general economic conditions in the community in which the individual resides or 42.7because of natural disasters; or 42.8    (4) new text begin (5) new text end is a displaced homemaker. A "displaced homemaker" is an individual who 42.9has spent a substantial number of years in the home providing homemaking service and 42.10(i) has been dependent upon the financial support of another; and now due to divorce, 42.11separation, death, or disability of that person, must find employment to self support; or (ii) 42.12derived the substantial share of support from public assistance on account of dependents 42.13in the home and no longer receives such support. 42.14    To be eligible under this clause, the support must have ceased while the worker 42.15resided in Minnesota. 42.16    (d) "Eligible organization" means a state or local government unit, nonprofit 42.17organization, community action agency, business organization or association, or labor 42.18organization. 42.19    (e) "Plant closing" means the announced or actual permanent shutdown of a single 42.20site of employment, or one or more facilities or operating units within a single site of 42.21employment. 42.22    (f) "Substantial layoff" means a permanent reduction in the workforce, which is 42.23not a result of a plant closing, and which results in an employment loss at a single site 42.24of employment during any 30-day period for at least 50 employees excluding those 42.25employees that work less than 20 hours per week. 42.26    Sec. 15. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read: 42.27    Subdivision 1. Determination and collection of special assessment. (a) In addition 42.28to amounts due from an employer under the Minnesota unemployment insurance program, 42.29each employer, except an employer making reimbursements is liable for a special 42.30assessment levied at the rate of .10 percent per year for calendar years 2006 and 2007 on 42.31all taxable wages, as defined in section 268.035, subdivision 24. Beginning January 1, 42.322008, the special assessment shall be levied at a rate of .085 percent per year on all taxable 42.33wages. The assessment shall become due and be paid by each employer on the same 42.34schedule and in the same manner as other amounts due from an employer under section 42.35268.051, subdivision 1 . 43.1    (b) The special assessment levied under this section shall be subject to the same 43.2requirements and collection procedures as any amounts due from an employer under the 43.3Minnesota unemployment insurance program. 43.4    Sec. 16. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read: 43.5    Subdivision 1. Designation of workforce service areas. For the purpose of 43.6administering federal, state, and local employment and training services, the commissioner 43.7shall designate the geographic boundaries for workforce service areas in Minnesota. 43.8    The commissioner shall approve a request to be a workforce service area from: 43.9    (1) a home rule charter or statutory city with a population of 200,000 or more or a 43.10county with a population of 200,000 or more; or 43.11    (2) a consortium of contiguous home rule charter or statutory cities or counties 43.12with an aggregate population of 200,000 or more that serves a substantial part of one or 43.13more labor markets. 43.14    The commissioner may approve a request to be a workforce service area from a 43.15home rule charter or statutory city or a county or a consortium of contiguous home 43.16rule charter or statutory cities or counties, without regard to population, that serves a 43.17substantial portion of a labor market area. 43.18    The commissioner shall make a final designation of workforce service areas within 43.19the state after consulting with local elected officials and the governor's Workforce 43.20Development Council. Existing service delivery areas designated under the federal Job 43.21Training Partnership Act shall be initially designated as workforce service areas providing 43.22that no other petitions are submitted by local elected officials. 43.23    The commissioner may redesignate workforce service areas new text begin , upon the advice of new text end 43.24 new text begin the affected local elected officials, new text end no more frequently than every two years. These 43.25redesignations must be made not later than four months before the beginning of a program 43.26year. 43.27    Sec. 17. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read: 43.28    Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit 43.29corporation with which it has entered into an agreement under subdivision 1. These 43.30loans must be used to support a new or expanding business. This support may include 43.31such forms of financing as the sale of goods to the business on installment or deferred 43.32payments, lease purchase agreements, or royalty investments in the business. new text begin The interest new text end 43.33 new text begin rate charged by a nonprofit corporation for a loan under this subdivision must not exceed new text end 43.34 new text begin the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the new text end 44.1 new text begin nonprofit corporation may charge a loan origination fee equal to or less than one percent new text end 44.2 new text begin of the loan value. The nonprofit corporation may retain the amount of the origination fee. new text end 44.3The nonprofit corporation must provide at least an equal match to the loan received by the 44.4board. The maximum loan available to the nonprofit corporation under this subdivision is 44.5$50,000. Loans made to the nonprofit corporation under this subdivision may be made 44.6without interest. Repayments made by the nonprofit corporation must be deposited in the 44.7revolving fund created for urban initiative grants. 44.8    Sec. 18. new text begin [116O.115] SMALL BUSINESS GROWTH ACCELERATION new text end 44.9 new text begin PROGRAM. new text end 44.10     new text begin Subdivision 1. new text end new text begin Establishment; purpose. new text end new text begin The small business growth acceleration new text end 44.11 new text begin program is established. The purpose of the program is to (1) help qualified companies new text end 44.12 new text begin implement technology and business improvements; and (2) bridge the gap between new text end 44.13 new text begin standard market pricing for technology and business improvements and what qualified new text end 44.14 new text begin companies can afford to pay. new text end 44.15     new text begin Subd. 2. new text end new text begin Qualified company. new text end new text begin A company is qualified to receive assistance under new text end 44.16 new text begin the small business growth acceleration program if it is a manufacturing company or a new text end 44.17 new text begin manufacturing-related service company that employs 100 or fewer full-time equivalent new text end 44.18 new text begin employees. new text end 44.19     new text begin Subd. 3. new text end new text begin Applications for assistance. new text end new text begin A company seeking assistance under the new text end 44.20 new text begin small business growth acceleration program must file an application according to the new text end 44.21 new text begin requirements of the corporation. A company's application for small business growth new text end 44.22 new text begin acceleration program assistance must include documentation of the company's overall plan new text end 44.23 new text begin for technology and business improvement and prioritize the components of the overall new text end 44.24 new text begin plan. The application must also document the company's need for small business growth new text end 44.25 new text begin acceleration program funds in order to carry forward the highest priority components of new text end 44.26 new text begin the plan. new text end 44.27     new text begin Subd. 4. new text end new text begin Fund awards; use of funds. new text end new text begin (a) The corporation shall establish new text end 44.28 new text begin procedures for determining which applicants for assistance under the small business new text end 44.29 new text begin growth acceleration program will receive program funding. Funding shall be awarded new text end 44.30 new text begin only to accelerate a qualified company's adoption of needed technology or business new text end 44.31 new text begin improvements when the corporation concludes that it is unlikely the improvements could new text end 44.32 new text begin be accomplished in any other way. new text end 44.33     new text begin (b) The maximum amount of funds awarded to a qualified company under the small new text end 44.34 new text begin business growth acceleration program for a particular project must not exceed 50 percent new text end 44.35 new text begin of the total cost of a project and must not under any circumstances exceed $25,000 during new text end 45.1 new text begin a calendar year. The corporation shall not award to a qualified company small business new text end 45.2 new text begin growth acceleration program funds in excess of $50,000 per year. new text end 45.3     new text begin (c) Any funds awarded to a qualified company under the small business growth new text end 45.4 new text begin acceleration program must be used for business services and products that will enhance the new text end 45.5 new text begin operation of the company. These business services and products must come either directly new text end 45.6 new text begin from the corporation or from a network of expert providers identified and approved by new text end 45.7 new text begin the corporation. No company receiving small business growth acceleration program new text end 45.8 new text begin funds may use the funds for refinancing, overhead costs, new construction, renovation, new text end 45.9 new text begin equipment, or computer hardware. new text end 45.10     new text begin (d) Any funds awarded must be disbursed to the qualified company as reimbursement new text end 45.11 new text begin documented according to requirements of the corporation. new text end 45.12     new text begin Subd. 5. new text end new text begin Service agreements. new text end new text begin The corporation shall enter a written service new text end 45.13 new text begin agreement with each company awarded funds under the small business growth acceleration new text end 45.14 new text begin program. Each service agreement shall clearly articulate the company's need for service, new text end 45.15 new text begin state the cost of the service, identify who will provide the service, and define the scope of new text end 45.16 new text begin the service that will be provided. The service agreement must also include an estimate new text end 45.17 new text begin of the financial impact of the service on the company and require the company to report new text end 45.18 new text begin the actual financial impact of the service to the corporation 24 months after the service is new text end 45.19 new text begin provided. new text end 45.20     new text begin Subd. 6. new text end new text begin Reporting. new text end new text begin The corporation shall report annually to the legislative new text end 45.21 new text begin committees with fiscal jurisdiction over the Department of Employment and Economic new text end 45.22 new text begin Development: new text end 45.23     new text begin (1) the funds awarded under the small business growth acceleration program during new text end 45.24 new text begin the past 12 months; new text end 45.25     new text begin (2) the estimated financial impact of the funds awarded to each company receiving new text end 45.26 new text begin service under the program; and new text end 45.27     new text begin (3) the actual financial impact of funds awarded during the past 24 months. new text end 45.28    Sec. 19. new text begin [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS. new text end 45.29     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purpose of this section, "employer" means an new text end 45.30 new text begin employer in the meatpacking industry. new text end 45.31     new text begin Subd. 2. new text end new text begin Right to adequate equipment. new text end new text begin An employer must furnish its employees new text end 45.32 new text begin with equipment to safely perform their jobs under OSHA standards. new text end 45.33     new text begin Subd. 3. new text end new text begin Information provided to employee by employer. new text end new text begin (a) An employer new text end 45.34 new text begin must provide an explanation in an employee's native language of the employee's rights new text end 46.1 new text begin and duties as an employee either person to person or through written materials that, at a new text end 46.2 new text begin minimum, include: new text end 46.3     new text begin (1) a complete description of the salary and benefits plans as they relate to the new text end 46.4 new text begin employee; new text end 46.5     new text begin (2) a job description for the employee's position; new text end 46.6     new text begin (3) a description of leave policies; new text end 46.7     new text begin (4) a description of the work hours and work hours policy; and new text end 46.8     new text begin (5) a description of the occupational hazards known to exist for the position. new text end 46.9     new text begin (b) The explanation must also include information on the following employee rights new text end 46.10 new text begin as protected by state or federal law and a description of where additional information new text end 46.11 new text begin about those rights may be obtained: new text end 46.12     new text begin (1) the right to organize and bargain collectively and refrain from organizing and new text end 46.13 new text begin bargaining collectively; new text end 46.14     new text begin (2) the right to a safe workplace; and new text end 46.15     new text begin (3) the right to be free from discrimination. new text end 46.16     new text begin Subd. 4. new text end new text begin Commissioner duties. new text end new text begin The commissioner of labor and industry in new text end 46.17 new text begin consultation with the commissioner of human rights must develop and implement a new text end 46.18 new text begin strategy to assist employers in providing adequate notice and education to employees of new text end 46.19 new text begin their rights under this section. The commissioner shall assign the duty to implement new text end 46.20 new text begin the strategy to a specific identified position in the department. The position, along with new text end 46.21 new text begin contact information, must be included on printed materials the department prepares and new text end 46.22 new text begin distributes to carry out the commissioner's duties under this section. new text end 46.23    Sec. 20. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read: 46.24    Subd. 3. Other duties. (a) The commissioner shall: 46.25    (1) provide mediation services as requested by the parties until the parties reach 46.26agreement, and may continue to assist parties after they have submitted their final 46.27positions for interest arbitration; 46.28    (2) issue notices, subpoenas, and orders required by law to carry out duties under 46.29sections 179A.01 to 179A.25; 46.30    (3) assist the parties in formulating petitions, notices, and other papers required to 46.31be filed with the commissioner; 46.32    (4) conduct elections; 46.33    (5) certify the final results of any election or other voting procedure conducted 46.34under sections 179A.01 to 179A.25; 47.1    (6) adopt rules relating to the administration of this chapter and the conduct of 47.2hearings and elections; 47.3    (7) receive, catalogue, file, and make available to the public all decisions of 47.4arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration 47.5decisions, and the commissioner's orders and decisions; 47.6    (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of 47.7section 179A.20, subdivision 4, that is available to any employee in a unit not covered by 47.8a contractual grievance procedure; 47.9    (9) maintain a schedule of state employee classifications or positions assigned to 47.10each unit established in section 179A.10, subdivision 2; 47.11    (10) collect fees established by rule for empanelment of persons on the labor 47.12arbitrator roster maintained by the commissioner or in conjunction with fair share fee 47.13challenges new text begin . Arbitrator application fees will be $100 per year for initial applications and new text end 47.14 new text begin renewals effective July 1, 2007 new text end ; 47.15    (11) provide technical support and assistance to voluntary joint labor-management 47.16committees established for the purpose of improving relationships between exclusive 47.17representatives and employers, at the discretion of the commissioner; 47.18    (12) provide to the parties a list of arbitrators as required by section 179A.16, 47.19subdivision 4 ; and 47.20    (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive 47.21representatives for the resolution of grievance or interest disputes. Each person on the 47.22list must be knowledgeable about collective bargaining and labor relations in the public 47.23sector, well versed in state and federal labor law, and experienced in and knowledgeable 47.24about labor arbitration. To the extent practicable, the commissioner shall appoint members 47.25to the list so that the list is gender and racially diverse. 47.26    (b) From the names provided by representative organizations, the commissioner 47.27shall maintain a list of arbitrators to conduct teacher discharge or termination hearings 47.28according to section 122A.40 or 122A.41. The persons on the list must meet at least 47.29one of the following requirements: 47.30    (1) be a former or retired judge; 47.31    (2) be a qualified arbitrator on the list maintained by the bureau; 47.32    (3) be a present, former, or retired administrative law judge; or 47.33    (4) be a neutral individual who is learned in the law and admitted to practice in 47.34Minnesota, who is qualified by experience to conduct these hearings, and who is without 47.35bias to either party. 48.1    Each year, education Minnesota shall provide a list of up to 14 names and the 48.2Minnesota School Boards Association a list of up to 14 names of persons to be on the list. 48.3The commissioner may adopt rules about maintaining and updating the list. 48.4    Sec. 21. new text begin [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE new text end 48.5 new text begin PRESENCE OF LIQUOR. new text end 48.6     new text begin No minor under the age of 18 shall be employed in any rooms constituting the place new text end 48.7 new text begin in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any new text end 48.8 new text begin tasks involving the serving, dispensing, or handling of such liquors that are consumed on new text end 48.9 new text begin the premises except that: new text end 48.10     new text begin (1) minors who have reached the age of 16 may be employed to perform busing, new text end 48.11 new text begin dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or new text end 48.12 new text begin resort where the presence of intoxicating liquor is incidental to food service or preparation; new text end 48.13     new text begin (2) minors who have reached the age of 16 may be employed to perform busing, new text end 48.14 new text begin dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas new text end 48.15 new text begin where the presence of 3.2 percent malt liquor is incidental to food service or preparation; new text end 48.16     new text begin (3) minors who have reached the age of 16 may be employed to provide musical new text end 48.17 new text begin entertainment in those rooms or areas where the presence of intoxicating liquor and new text end new text begin new text end 48.18 new text begin percent malt liquor is incidental to food service or preparation; and new text end 48.19     new text begin (4) minors are not prevented from working at tasks which are not prohibited by law new text end 48.20 new text begin in establishments where liquor is sold, served, dispensed, or handled in those rooms or new text end 48.21 new text begin areas where no liquor is consumed or served. new text end 48.22    Sec. 22. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read: 48.23    Subd. 2. Legislative findings and purpose. The legislature finds that the burden on 48.24employers and employees of this state resulting from personal injuries and illnesses arising 48.25out of work situations is substantial; that the prevention of these injuries and illnesses is an 48.26important objective of the government of this state; that the greatest hope of attaining this 48.27objective lies in programs of research and education, and in the earnest cooperation of 48.28government, employers and employees; and that a program of regulation and enforcement 48.29is a necessary supplement to these more basic programs. 48.30    The legislature declares it to be its purpose and policy through the exercise of its 48.31powers to assure so far as possible every worker in the state of Minnesota safe and 48.32healthful working conditions and to preserve our human resources by: 48.33    (a) authorizing the Occupational Safety and Health Advisory Council to advise, 48.34consult with or recommend on any matters relating to the Minnesota occupational 49.1safety and health plan to the commissioner of labor and industry and by authorizing the 49.2commissioner of labor and industry to promulgate and enforce mandatory occupational 49.3safety and health standards applicable to employers and employees in the state of 49.4Minnesota; 49.5    (b) encouraging employers and employees to increase their efforts to reduce the 49.6number of occupational safety and health hazards at their places of employment, and to 49.7stimulate employers and employees to institute new and to perfect existing programs for 49.8providing safe and healthful working conditions; 49.9    (c) providing that employers and employees have separate but dependent 49.10responsibilities and rights with respect to achieving safe and healthful working conditions; 49.11    (d) providing for research in the field of occupational safety and health; including 49.12the psychological factors involved, and by developing innovative methods, techniques, 49.13and approaches for dealing with occupational safety and health problems; 49.14    (e) exploring ways to discover latent diseases, establishing causal connections 49.15between diseases and work in environmental conditions, and conducting other research 49.16relating to health problems, in recognition of the fact that occupational health standards 49.17present problems often different from those involved in occupational safety; 49.18    (f) utilizing advances already made by federal laws and regulations providing safe 49.19and healthful working conditions; 49.20    (g) providing criteria which will assure insofar as practicable that no employee 49.21will suffer diminished health, functional capacity, or life expectancy as a result of work 49.22experience; 49.23    (h) providing an effective enforcement program which shall include new text begin locating new text end 49.24 new text begin enforcement personnel in areas of the state with a higher incidence of workplace fatalities, new text end 49.25 new text begin injuries, and complaints and new text end a prohibition against giving advance notice of an inspection 49.26and sanctions for any individual violating this prohibition; 49.27    (i) providing for appropriate reporting procedures with respect to occupational 49.28safety and health, which procedures will help achieve the objectives of this chapter and 49.29accurately describe the nature of the occupational safety and health problem; 49.30    (j) encouraging joint labor-management efforts to reduce injuries and diseases 49.31arising out of employment; 49.32    (k) providing consultation to employees and employers which will aid them in 49.33complying with their responsibilities under this chapter where such consultation does not 49.34interfere with the effective enforcement of this chapter; and 49.35    (l) providing for training programs to increase the number and competence of 49.36personnel engaged in the field of occupational safety and health. 50.1    Sec. 23. new text begin [182.6551] CITATION. new text end 50.2     new text begin Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act." new text end 50.3    Sec. 24. new text begin [182.6552] DEFINITIONS. new text end 50.4     new text begin Subdivision 1. new text end new text begin Direct patient care worker. new text end new text begin "Direct patient care worker" means an new text end 50.5 new text begin individual doing the job of directly providing physical care to patients including nurses, as new text end 50.6 new text begin defined by section 148.171, who provide physical care to patients. new text end 50.7     new text begin Subd. 2. new text end new text begin Health care facility. new text end new text begin "Health care facility" means a hospital as defined in new text end 50.8 new text begin section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55, new text end 50.9 new text begin subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5. new text end 50.10     new text begin Subd. 3. new text end new text begin Safe patient handling. new text end new text begin "Safe patient handling" means a process, based on new text end 50.11 new text begin scientific evidence on causes of injuries, that uses safe patient handling equipment rather new text end 50.12 new text begin than people to transfer, move, and reposition patients in all health care facilities to reduce new text end 50.13 new text begin workplace injuries. This process also reduces the risk of injury to patients. new text end 50.14     new text begin Subd. 4. new text end new text begin Safe patient handling equipment. new text end new text begin "Safe patient handling equipment" new text end 50.15 new text begin means engineering controls, lifting and transfer aids, or mechanical assistive devices used new text end 50.16 new text begin by nurses and other direct patient care workers instead of manual lifting to perform the new text end 50.17 new text begin acts of lifting, transferring, and repositioning health care facility patients and residents. new text end 50.18    Sec. 25. new text begin [182.6553] SAFE PATIENT HANDLING PROGRAM. new text end 50.19     new text begin Subdivision 1. new text end new text begin Safe patient handling program required. new text end new text begin (a) By July 1, 2008, new text end 50.20 new text begin every licensed health care facility in the state shall adopt a written safe patient handling new text end 50.21 new text begin policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing new text end 50.22 new text begin manual lifting of patients by nurses and other direct patient care workers by utilizing new text end 50.23 new text begin safe patient handling equipment. new text end 50.24     new text begin (b) The program shall address: new text end 50.25     new text begin (1) assessment of hazards with regard to patient handling; new text end 50.26     new text begin (2) the acquisition of an adequate supply of appropriate safe patient handling new text end 50.27 new text begin equipment; new text end 50.28     new text begin (3) initial and ongoing training of nurses and other direct patient care workers on new text end 50.29 new text begin the use of this equipment; new text end 50.30     new text begin (4) procedures to ensure that physical plant modifications and major construction new text end 50.31 new text begin projects are consistent with program goals; and new text end 50.32     new text begin (5) periodic evaluations of the safe patient handling program. new text end 50.33     new text begin Subd. 2. new text end new text begin Safe patient handling committee. new text end new text begin (a) By July 1, 2008, every licensed new text end 50.34 new text begin health care facility in the state shall establish a safe patient handling committee either by new text end 51.1 new text begin creating a new committee or assigning the functions of a safe patient handling committee new text end 51.2 new text begin to an existing committee. new text end 51.3     new text begin (b) Membership of a safe patient handling committee or an existing committee must new text end 51.4 new text begin meet the following requirements: new text end 51.5     new text begin (1) at least half the members shall be nonmanagerial nurses and other direct patient new text end 51.6 new text begin care workers; and new text end 51.7     new text begin (2) in a health care facility where nurses and other direct patient care workers new text end 51.8 new text begin are covered by a collective bargaining agreement, the union shall select the committee new text end 51.9 new text begin members proportionate to its representation of nonmanagerial workers, nurses, and other new text end 51.10 new text begin direct patient care workers. new text end 51.11     new text begin (c) A health care organization with more than one covered health care facility may new text end 51.12 new text begin establish a committee at each facility or one committee to serve this function for all the new text end 51.13 new text begin facilities. If the organization chooses to have one overall committee for multiple facilities, new text end 51.14 new text begin at least half of the members of the overall committee must be nonmanagerial nurses and new text end 51.15 new text begin other direct patient care workers and each facility must be represented on the committee. new text end 51.16     new text begin (d) Employees who serve on a safe patient handling committee must be compensated new text end 51.17 new text begin by their employer for all hours spent on committee business. new text end 51.18     new text begin Subd. 3. new text end new text begin Facilities with existing programs. new text end new text begin A facility that has already adopted a new text end 51.19 new text begin safe patient handling policy that satisfies the requirements of subdivision 1, and established new text end 51.20 new text begin a safe patient handling committee by July 1, 2008, is considered to be in compliance new text end 51.21 new text begin with those requirements. The committee must continue to satisfy the requirements of new text end 51.22 new text begin subdivision 2, paragraph (b), on an ongoing basis. new text end 51.23     new text begin Subd. 4. new text end new text begin Committee duties. new text end new text begin A safe patient handling committee shall: new text end 51.24     new text begin (1) complete a patient handling hazard assessment that: new text end 51.25     new text begin (i) considers patient handling tasks, types of nursing units, patient populations, and new text end 51.26 new text begin the physical environment of patient care areas; new text end 51.27     new text begin (ii) identifies problems and solutions; new text end 51.28     new text begin (iii) identifies areas of highest risk for lifting injuries; and new text end 51.29     new text begin (iv) recommends a mechanism to report, track, and analyze injury trends; new text end 51.30     new text begin (2) make recommendations on the purchase, use, and maintenance of an adequate new text end 51.31 new text begin supply of appropriate safe patient handling equipment; new text end 51.32     new text begin (3) make recommendations on training of nurses and other direct patient care new text end 51.33 new text begin workers on use of safe patient handling equipment, initially when the equipment arrives at new text end 51.34 new text begin the facility and periodically afterwards; new text end 51.35     new text begin (4) conduct annual evaluations of the safe patient handling implementation plan and new text end 51.36 new text begin progress toward goals established in the safe patient handling policy; and new text end 52.1     new text begin (5) recommend procedures to ensure that, when remodeling of patient care areas new text end 52.2 new text begin occurs, the plans incorporate safe patient handling equipment or the physical space and new text end 52.3 new text begin construction design needed to accommodate safe patient handling equipment at a later date. new text end 52.4     new text begin Subd. 5. new text end new text begin Training materials. new text end new text begin The commissioner shall make training materials on new text end 52.5 new text begin implementation of this section available to all health care facilities at no cost as part of the new text end 52.6 new text begin training and education duties of the commissioner under section 182.673. new text end 52.7     new text begin Subd. 6. new text end new text begin Enforcement. new text end new text begin This section shall be enforced by the commissioner under new text end 52.8 new text begin section 182.661. A violation of this section is subject to the penalties provided under new text end 52.9 new text begin section 182.666. new text end 52.10     new text begin Subd. 7. new text end new text begin Grant program. new text end new text begin The commissioner may make grants to health care new text end 52.11 new text begin facilities to acquire safe patient handling equipment and for training on safe patient new text end 52.12 new text begin handling and safe patient handling equipment. Grants to any one facility may not exceed new text end 52.13 new text begin $40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The new text end 52.14 new text begin commissioner shall establish a grant application process. The commissioner may give new text end 52.15 new text begin priority for grants to facilities that demonstrate that acquiring safe patient handling new text end 52.16 new text begin equipment will impose a financial hardship on the facility. For health care facilities new text end 52.17 new text begin that provide evidence of hardship, the commissioner may waive the 50 percent match new text end 52.18 new text begin requirement and may grant such a facility more than $40,000. Health care facilities that new text end 52.19 new text begin the commissioner determines are experiencing hardship shall not be required to meet the new text end 52.20 new text begin safe patient handling requirements until July 1, 2012. new text end 52.21    Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision 52.22to read: 52.23     new text begin Subd. 5. new text end new text begin Unemployment insurance benefits telephone system. new text end new text begin The commissioner new text end 52.24 new text begin must ensure that the telephone system used for unemployment insurance benefits provides new text end 52.25 new text begin an option for any caller to speak to an unemployment insurance specialist. An individual new text end 52.26 new text begin who calls any of the publicized telephone numbers seeking information about applying for new text end 52.27 new text begin benefits or on the status of a claim must have the option to speak on the telephone to a new text end 52.28 new text begin specialist who can provide direct assistance or can direct the caller to the person or office new text end 52.29 new text begin that is able to respond to the caller's needs. new text end 52.30    Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read: 52.31    Subd. 13. Supported employment. new text begin (a) new text end "Supported employment" means 52.32employment of a person with a disability so severe that the person needs ongoing training 52.33and support to get and keep a job in which: 53.1    (1) the person engages in paid work in a position removed from the service vendor's 53.2site where individuals without disabilities who do not require public subsidies also may 53.3be employed; 53.4    (2) public funds are necessary to provide ongoing training and support services 53.5throughout the period of the person's employment; and 53.6    (3) the person has the opportunity for social interaction with individuals who do not 53.7have disabilities and who are not paid caregivers. 53.8     new text begin (b) If the commissioner has certified a rehabilitation facility setting as integrated, new text end 53.9 new text begin then employment at that site may be considered supported employment. new text end 53.10    Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a 53.11subdivision to read: 53.12     new text begin Subd. 14. new text end new text begin Affirmative business enterprise employment. new text end new text begin "Affirmative business new text end 53.13 new text begin enterprise employment" means employment which provides paid work on the premises of new text end 53.14 new text begin an affirmative business enterprise as certified by the commissioner. new text end 53.15     new text begin Affirmative business enterprise employment is considered community employment new text end 53.16 new text begin for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided new text end 53.17 new text begin that the wages for individuals reported must be at or above customary wages for the new text end 53.18 new text begin same employer. The employer must also provide one benefit package that is available to new text end 53.19 new text begin all employees. new text end 53.20    Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read: 53.21    Subdivision 1. Appointment; membership. Every city, town, county, nonprofit 53.22corporation, or combination thereof establishing a rehabilitation facility shall appoint a 53.23rehabilitation facility board of no fewer than nine new text begin seven voting new text end members before becoming 53.24eligible for the assistance provided by sections 268A.06 to 268A.15. When any city, 53.25town, or county singly establishes such a rehabilitation facility, the board shall be 53.26appointed by the chief executive officer of the city or the chair of the governing board 53.27of the county or town. When any combination of cities, towns, counties, or nonprofit 53.28corporations establishes a rehabilitation facility, the chief executive officers of the cities, 53.29nonprofit corporations, and the chairs of the governing bodies of the counties or towns 53.30shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation 53.31facility, the corporation shall appoint the board of directors. Membership on a board 53.32shall be representative of the community served and shall include a person with a 53.33disability. One-third to one-half of the board shall be representative of industry or 53.34business. The remaining members should be representative of lay associations for persons 54.1with a disability, labor, the general public, and education, welfare, medical, and health 54.2professions. Nothing in sections to shall be construed to preclude 54.3the appointment of elected or appointed public officials or members of the board of 54.4directors of the sponsoring nonprofit corporation to the board, so long as the representation 54.5described above is preserved. If a county establishes an extended employment program 54.6and manages the program with county employees, the governing board shall be the county 54.7board of commissioners, and other provisions of this chapter pertaining to membership on 54.8the governing board do not apply. 54.9    Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a 54.10subdivision to read: 54.11     new text begin Subd. 9. new text end new text begin Integrated setting. new text end new text begin At the commissioner's discretion, paid work on the new text end 54.12 new text begin premises of a rehabilitation facility may be certified as an integrated setting after a site new text end 54.13 new text begin review by the department. new text end 54.14    Sec. 31. new text begin [325E.60] RESTROOM ACCESS. new text end 54.15     new text begin Subdivision 1. new text end new text begin Short title. new text end new text begin This section may be cited as the Restroom Access Act. new text end 54.16     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin For purposes of this section: new text end 54.17     new text begin (a) "Customer" means an individual who is lawfully on the premises of a retail new text end 54.18 new text begin establishment. new text end 54.19     new text begin (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other new text end 54.20 new text begin inflammatory bowel disease, irritable bowel syndrome, or any other medical condition new text end 54.21 new text begin that requires immediate access to a restroom facility. new text end 54.22     new text begin (c) "Retail establishment" means a place of business open to the general public for new text end 54.23 new text begin the sale of goods or services. Retail establishment does not include a filling station or new text end 54.24 new text begin service station with a structure of 800 square feet or less that has an employee restroom new text end 54.25 new text begin facility located within that structure. new text end 54.26     new text begin Subd. 3. new text end new text begin Retail establishment; customer access to restroom facilities. new text end new text begin A retail new text end 54.27 new text begin establishment that has a restroom facility for its employees shall allow a customer to new text end 54.28 new text begin use that facility during normal business hours if the restroom facility is reasonably safe new text end 54.29 new text begin and all of the following conditions are met: new text end 54.30     new text begin (1) the customer requesting the use of the employee restroom facility suffers from an new text end 54.31 new text begin eligible medical condition or uses an ostomy device, provided that the existence of the new text end 54.32 new text begin condition or device is documented in writing by the customer's physician or a nonprofit new text end 54.33 new text begin organization whose purpose includes serving individuals who suffer from the condition; new text end 55.1     new text begin (2) three or more employees of the retail establishment are working at the time the new text end 55.2 new text begin customer requests use of the employee restroom facility; new text end 55.3     new text begin (3) the retail establishment does not normally make a restroom available to the new text end 55.4 new text begin public; new text end 55.5     new text begin (4) the employee restroom facility is not located in an area where providing access new text end 55.6 new text begin would create an obvious health or safety risk to the customer or an obvious security risk new text end 55.7 new text begin to the establishment; and new text end 55.8     new text begin (5) a public restroom is not immediately accessible to the customer. new text end 55.9     new text begin Subd. 4. new text end new text begin Liability. new text end new text begin (a) A retail establishment or an employee of a retail new text end 55.10 new text begin establishment is not civilly liable for an act or omission in allowing a customer who new text end 55.11 new text begin claims to have an eligible medical condition to use an employee restroom facility that is new text end 55.12 new text begin not a public restroom if the act or omission: new text end 55.13     new text begin (1) is not negligent; new text end 55.14     new text begin (2) occurs in an area of the retail establishment that is not accessible to the public; and new text end 55.15     new text begin (3) results in an injury to or death of the customer or an individual other than an new text end 55.16 new text begin employee accompanying the customer. new text end 55.17     new text begin (b) This section does not require a retail establishment to make any physical changes new text end 55.18 new text begin to an employee restroom facility. new text end 55.19     new text begin Subd. 5. new text end new text begin Violation. new text end new text begin For a first violation of this section, the city or county attorney new text end 55.20 new text begin shall issue a warning letter to the retail establishment or employee informing the new text end 55.21 new text begin establishment or employee of the requirements of this section. A retail establishment or an new text end 55.22 new text begin employee of a retail establishment that violates this section after receiving a warning letter new text end 55.23 new text begin is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50. new text end 55.24    Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision 55.25to read: 55.26     new text begin Subd. 5. new text end new text begin Local planning assistance. new text end new text begin A regional development commission or, new text end 55.27 new text begin in regions not served by regional development commissions, a regional organization new text end 55.28 new text begin selected by the commissioner of employment and economic development, may develop a new text end 55.29 new text begin program to support planning on behalf of local units of government. The local planning new text end 55.30 new text begin must be related to issues of regional or statewide significance and may include, but is not new text end 55.31 new text begin limited to, the following: new text end 55.32     new text begin (1) local planning and development assistance, which may include local zoning new text end 55.33 new text begin ordinances and land use plans; new text end 56.1     new text begin (2) community or economic development plans, which may include workforce new text end 56.2 new text begin development plans, housing development plans and market analysis, JOBZ administration, new text end 56.3 new text begin grant writing assistance, and grant administration; new text end 56.4     new text begin (3) environment and natural resources plans, which may include solid waste new text end 56.5 new text begin management plans, wastewater management plans, and renewable energy development new text end 56.6 new text begin plans; new text end 56.7     new text begin (4) rural community health services; and new text end 56.8     new text begin (5) development of geographical information systems to serve regional needs, new text end 56.9 new text begin including hardware and software purchases and related labor costs. new text end 56.10     new text begin Each regional development commission or organization shall submit to the new text end 56.11 new text begin commissioner of employment and economic development an annual work program new text end 56.12 new text begin that outlines the work items for the upcoming year and establishes the relationship of new text end 56.13 new text begin the work items to development issues of regional or statewide significance. The entity new text end 56.14 new text begin completing the annual work program and identifying the statewide development issues new text end 56.15 new text begin shall consider input from the Departments of Employment and Economic Development, new text end 56.16 new text begin Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as new text end 56.17 new text begin appropriate to the issues. new text end 56.18    Sec. 33. Minnesota Statutes 2006, section 469.334, is amended to read: 56.19469.334 DESIGNATION OF ZONE. 56.20    Subdivision 1. Commissioner to designate. (a) The commissioner, in consultation 56.21with the commissioner of revenue and the director of the Office of Strategic and 56.22Long-Range Planning, shall new text begin may new text end designate one or more biotechnology and health sciences 56.23industry zones. Priority must be given to applicants with a development plan that links a 56.24higher education/research institution with a biotechnology and health sciences industry 56.25facility. 56.26    (b) The commissioner may consult with the applicant prior to the designation of the 56.27zone. The commissioner may modify the development plan, including the boundaries 56.28of the zone or subzones, if in the commissioner's opinion a modified plan would better 56.29meet the objectives of the biotechnology and health sciences industry zone program. The 56.30commissioner shall notify the applicant of the modifications and provide a statement of 56.31the reasons for the modifications. 56.32    Subd. 2. Need indicators. (a) In evaluating applications to determine the need for 56.33designation of a biotechnology and health sciences industry zone, the commissioner shall 56.34consider the following factors as indicators of need: 57.1    (1) the extent to which land in proximity to a significant scientific research institution 57.2could be developed as a higher and better use for biotechnology and health sciences 57.3industry facilities; 57.4    (2) the amount of property in or near the zone that is deteriorated or underutilized; 57.5and 57.6    (3) the extent to which property in the area would remain underdeveloped or 57.7nonperforming due to physical characteristics. 57.8    (b) The commissioner may require applicants to provide data to demonstrate how 57.9the area meets one or more of the indicators of need. 57.10    Subd. 3. Success indicators. In determining the likelihood of success of a proposed 57.11zone, the commissioner shall consider: 57.12    (1) applicants that show a viable link between a higher education/research institution, 57.13the biotechnology and/or medical devices business sectors, and one or more units of 57.14local government with a development plan; 57.15    (2) the extent to which the area has substantial real property with adequate 57.16infrastructure and energy to support new or expanded development; 57.17    (3) the strength and viability of the proposed development goals, objectives, and 57.18strategies in the development plan; 57.19    (4) whether the development plan is creative and innovative in comparison to 57.20other applications; 57.21    (5) local public and private commitment to development of a biotechnology and 57.22health sciences industry facility or facilities in the proposed zone and the potential 57.23cooperation of surrounding communities; 57.24    (6) existing resources available to the proposed zone; 57.25    (7) how the designation of the zone would relate to other economic and community 57.26development projects and to regional initiatives or programs; 57.27    (8) how the regulatory burden will be eased for biotechnology and health sciences 57.28industry facilities located in the proposed zone; 57.29    (9) proposals to establish and link job creation and job training in the biotechnology 57.30and health sciences industry with research/educational institutions; and 57.31    (10) the extent to which the development is directed at encouraging, and that 57.32designation of the zone is likely to result in, the creation of high-paying jobs. 57.33    Subd. 4. Designation schedule. (a) The schedule in paragraphs (b) to (e) applies to 57.34the designation of the first biotechnology and health sciences industry zone. 57.35    (b) The commissioner shall publish the form for applications and any procedural, 57.36form, or content requirements for applications by no later than August 1, 2003. The 58.1commissioner may publish these requirements on the Internet, in the State Register, or by 58.2any other means the commissioner determines appropriate to disseminate the information 58.3to potential applicants for designation. 58.4    (c) Applications must be submitted by October 15, 2003. 58.5    (d) The commissioner shall designate the zones by no later than December 31, 2003. 58.6    (e) The designation of the zones takes effect January 1, 2004. 58.7    (f) Additional zones may be designated in later years, following substantially the 58.8same application and designation process as provided in paragraphs (b) to (e) new text begin only after new text end 58.9 new text begin the commissioner of employment and economic development has established criteria for new text end 58.10 new text begin expanding the number of zones. The criteria must limit designating a new zone to a new text end 58.11 new text begin community that has adequate resources and infrastructure to support bioindustry, including new text end 58.12 new text begin postsecondary institutions, strong health care systems, and existing bioscience companies. new text end 58.13 new text begin It must also require that a new zone be located on a transportation corridor new text end . 58.14    Sec. 34. new text begin WORKFORCE ENHANCEMENT FEE. new text end 58.15     new text begin If the commissioner of employment and economic development determines that new text end 58.16 new text begin the need for services under the dislocated worker program substantially exceeds the new text end 58.17 new text begin resources that will be available for the program, the commissioner may increase the new text end 58.18 new text begin special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no new text end 58.19 new text begin more than .12 percent of taxable wages. new text end 58.20    Sec. 35. new text begin FEDERAL PROCUREMENT LIAISON. new text end 58.21     new text begin The commissioner of employment and economic development must establish and new text end 58.22 new text begin operate a technology and commercialization unit in the Department of Employment and new text end 58.23 new text begin Economic Development. Appropriation for this purpose must be used to: coordinate new text end 58.24 new text begin public and private efforts to procure federal funding for collaborative research and new text end 58.25 new text begin development projects of primary benefit to small- and medium-sized businesses; promote new text end 58.26 new text begin contractual relationships between Minnesota businesses who, as recipients of federal new text end 58.27 new text begin grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess new text end 58.28 new text begin the research and development capabilities of small- and medium-sized businesses; new text end 58.29 new text begin undertake referral activities to link Minnesota companies with federal requests for new text end 58.30 new text begin proposal opportunities; and develop a framework for Minnesota companies to establish new text end 58.31 new text begin sole-sourcing relationships with federal agencies. new text end 58.32     new text begin The commissioner must report to the committees in the house of representatives and new text end 58.33 new text begin the senate having jurisdiction over bioscience and technology issues on the activities of new text end 58.34 new text begin the technology and commercialization unit by June 30 of each year. new text end 59.1    Sec. 36. new text begin WORKING GROUP ON STATE ROLE IN TRADE POLICY. new text end 59.2     new text begin Subdivision 1. new text end new text begin Work group members. new text end new text begin The Department of Employment and new text end 59.3 new text begin Economic Development must convene a working group to develop recommendations for new text end 59.4 new text begin establishing policies and procedures regarding the role of the state in federal trade policy new text end 59.5 new text begin and trade agreements. The working group must be comprised of 17 members as follows: new text end 59.6     new text begin (1) the governor or his designee; new text end 59.7     new text begin (2) the commissioner of the Department of Employment and Economic Development new text end 59.8 new text begin or his designee; new text end 59.9     new text begin (3) the commissioner of the Department of Agriculture or his designee; new text end 59.10     new text begin (4) the commissioner of the Department of Administration or his designee; new text end 59.11     new text begin (5) the attorney general or her designee; new text end 59.12     new text begin (6) two members of the Minnesota senate one of whom is appointed by the senate new text end 59.13 new text begin majority leader and one appointed by the minority leader; new text end 59.14     new text begin (7) two members of the Minnesota house of representatives, one of whom is new text end 59.15 new text begin appointed by the speaker and one appointed by the minority leader; new text end 59.16     new text begin (8) two members designated by the Minnesota AFL-CIO; new text end 59.17     new text begin (9) two members representing labor organizations other than the AFL-CIO with one new text end 59.18 new text begin to be appointed by the speaker of the Minnesota house of representatives and one to be new text end 59.19 new text begin appointed by the majority leader of the Minnesota senate; new text end 59.20     new text begin (10) two members designated by the Minnesota Chamber of Commerce; and new text end 59.21     new text begin (11) two members representing business organizations other than the Minnesota new text end 59.22 new text begin Chamber of Commerce appointed by the governor. new text end 59.23     new text begin The Department of Employment and Economic Development must provide new text end 59.24 new text begin administrative support to the working group. new text end 59.25     new text begin Subd. 2. new text end new text begin Duties; responsibilities. new text end new text begin The working group may obtain input from other new text end 59.26 new text begin state and federal agencies as appropriate and may conduct public hearings to allow input new text end 59.27 new text begin from interested stakeholders. The working group must: new text end 59.28     new text begin (1) determine the state's jurisdiction regarding federal trade policy and trade new text end 59.29 new text begin agreements; new text end 59.30     new text begin (2) assess the state's current policies, procedures, roles and responsibilities for new text end 59.31 new text begin providing advice and consent on federal trade policy and trade agreements; new text end 59.32     new text begin (3) review the current means through which the state interacts with the Office of new text end 59.33 new text begin the United States Trade Representative (USTR) and Congress regarding trade policy and new text end 59.34 new text begin trade agreements; new text end 59.35     new text begin (4) inventory the federal trade policies and trade agreements that the state of new text end 59.36 new text begin Minnesota has formally approved or signed on to; new text end 60.1     new text begin (5) examine trade policy models established by other states; new text end 60.2     new text begin (6) develop recommendations for defining responsibilities and procedures for the new text end 60.3 new text begin state's role in federal trade policy and trade agreements; and new text end 60.4     new text begin (7) prepare legislative recommendations to implement the recommendations of new text end 60.5 new text begin the working group. new text end 60.6     new text begin The working group must report its findings and recommendations to the governor new text end 60.7 new text begin and the legislature by December 1, 2007. new text end 60.8    Sec. 37. new text begin STUDY; SAFE PATIENT HANDLING. new text end 60.9     new text begin (a) The commissioner of labor and industry shall study ways to require workers' new text end 60.10 new text begin compensation insurers to recognize compliance with Minnesota Statutes, section new text end 60.11 new text begin 182.6553, in the workers' compensation premiums of health care and long-term care new text end 60.12 new text begin facilities. The commissioner shall report by January 15, 2008, the results of the study new text end 60.13 new text begin to the chairs of the policy committees of the legislature with primary jurisdiction over new text end 60.14 new text begin workers' compensation issues. new text end 60.15     new text begin (b) By January 15, 2008, the commissioner must make recommendations to the new text end 60.16 new text begin legislature regarding funding sources available to health care facilities for safe patient new text end 60.17 new text begin handling programs and equipment, including, but not limited to, low interest loans, interest new text end 60.18 new text begin free loans, and federal, state, or county grants. new text end 60.19    Sec. 38. new text begin WORK GROUP; SAFE PATIENT HANDLING. new text end 60.20     new text begin The Minnesota State Council on Disability shall convene a work group comprised new text end 60.21 new text begin of representatives from the Minnesota Medical Association and other organizations new text end 60.22 new text begin representing clinics, disability advocates, and direct care workers, to do the following: new text end 60.23     new text begin (1) assess the current options for and use of safe patient handling equipment in new text end 60.24 new text begin unlicensed outpatient clinics, physician offices, and dental settings; new text end 60.25     new text begin (2) identify barriers to the use of safe patient handling equipment in these settings; new text end 60.26 new text begin and new text end 60.27     new text begin (3) define clinical settings that move patients to determine applicability of the Safe new text end 60.28 new text begin Patient Handling Act. new text end 60.29     new text begin The work group must report to the legislature by January 15, 2008, including new text end 60.30 new text begin reports to the chairs of the senate and house of representatives committees on workforce new text end 60.31 new text begin development. new text end 60.32    Sec. 39. new text begin EFFECT ON RULES. new text end 61.1     new text begin The commissioner of labor and industry shall amend Minnesota Rules, part new text end 61.2 new text begin , to conform to Minnesota Statutes, section 181A.115. The commissioner new text end 61.3 new text begin may use the good cause exemption in Minnesota Statutes, section new text end new text begin , in adopting new text end 61.4 new text begin the amendment required by this section. new text end 61.5    Sec. 40. new text begin PUBLIC FACILITIES AUTHORITY FUNDING. new text end 61.6     new text begin To the greatest practical extent, projects on the Public Facilities Authority's 2007 new text end 61.7 new text begin intended use plan, the listings for which were based on the Pollution Control Agency's new text end 61.8 new text begin 2006 project priority list, shall be carried over to the 2008 intended use plan. Projects that new text end 61.9 new text begin qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258, new text end 61.10 new text begin section 21, that could not be certified by the Pollution Control Agency by the applicable new text end 61.11 new text begin deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court new text end 61.12 new text begin issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to new text end 61.13 new text begin obtain the required certification from the Pollution Control Agency. new text end 61.14    Sec. 41. new text begin REPEALER. new text end 61.15 new text begin (a) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision new text end 61.16 new text begin 2; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; and 326.64, new text end new text begin new text end 61.17 new text begin are repealed. new text end 61.18 new text begin (b) Minnesota Statutes 2006, section 326.975, new text end new text begin is repealed effective December new text end 61.19 new text begin 1, 2007. new text end 61.20ARTICLE 3 61.21LICENSING AND WAGES 61.22    Section 1. Minnesota Statutes 2006, section 16B.63, subdivision 5, is amended to read: 61.23    Subd. 5. Interpretative authority. To achieve uniform and consistent application 61.24of the State Building Code, the state building official new text begin commissioner new text end has final interpretative 61.25authority applicable to all codes adopted as part of the State Building Code except 61.26for the Plumbing Code and the Electrical Code when enforced by the State Board of 61.27Electricity. A final interpretative committee composed of seven members, consisting 61.28of three building officials, two inspectors from the affected field, and two construction 61.29industry representatives, shall review requests for final interpretations relating to that field new text begin new text end 61.30 new text begin for which the commissioner has final interpretative authority new text end . A request new text begin The Plumbing new text end 61.31 new text begin Board has final interpretative authority applicable to the state Plumbing Code and shall new text end 61.32 new text begin review requests for final interpretation made to the board that relate to the state plumbing new text end 61.33 new text begin code. The Board of Electricity has final interpretative authority applicable to the state new text end 62.1 new text begin Electrical Code and shall review requests for final interpretation made to the board that new text end 62.2 new text begin relate to the state Electrical Code. The Board of High Pressure Piping Systems has final new text end 62.3 new text begin interpretative authority applicable to the state High Pressure Piping Code and shall review new text end 62.4 new text begin requests for final interpretation made to the board that relate to the state high pressure new text end 62.5 new text begin piping code. Except for requests for final interpretations that relate to the state plumbing new text end 62.6 new text begin code, the state Electrical Code, and the state High Pressure Piping Code, requests new text end for final 62.7interpretation must come from a local or state level building code board of appeals. The 62.8state building official new text begin commissioner new text end must establish procedures for membership of the new text begin final new text end 62.9interpretative committees. The appropriate committee shall review the request and make 62.10a recommendation to the state building official new text begin commissioner new text end for the final interpretation 62.11within 30 days of the request. The state building official new text begin commissioner new text end must issue an new text begin a final new text end 62.12interpretation within ten business days from new text begin after the receipt of new text end the recommendation from 62.13the review new text begin final interpretative new text end committee. A new text begin The Plumbing Board, the Board of Electricity, new text end 62.14 new text begin or the Board of High Pressure Piping Systems shall review a request and issue a final new text end 62.15 new text begin interpretation within 30 days of the request. Any person aggrieved by new text end final interpretation 62.16may be appealed new text begin appeal new text end within 30 days of its issuance to new text begin by new text end the commissioner under 62.17section new text begin or the board in accordance with chapter 14 new text end . The final interpretation 62.18must be published within ten business days of its issuance and made available to the 62.19public. Municipal building officials shall administer all final interpretations issued by 62.20the state building official new text begin commissioner new text end until the final interpretations are considered new text begin by new text end 62.21 new text begin the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High new text end 62.22 new text begin Pressure Piping Systems new text end for adoption as part of the State Building Code new text begin , state Plumbing new text end 62.23 new text begin Code, state Electrical Code, or the High Pressure Piping Code new text end . 62.24    Sec. 2. Minnesota Statutes 2006, section 154.003, is amended to read: 62.25154.003 FEES. 62.26    (a) The fees collected, as required in this chapter, chapter 214, and the rules of the 62.27board, shall be paid to the executive secretary of the board. The executive secretary shall 62.28deposit the fees in the general fund in the state treasury. 62.29    (b) The board shall charge the following fees: 62.30    (1) examination and certificate, registered barber, $65; 62.31    (2) examination and certificate, apprentice, $60; 62.32    (3) examination, instructor, $160; 62.33    (4) certificate, instructor, $45; 62.34    (5) temporary teacher or apprentice permit, $50; 62.35    (6) renewal of license, registered barber, $50; 63.1    (7) renewal of license, apprentice, $45; 63.2    (8) renewal of license, instructor, $60; 63.3    (9) renewal of temporary teacher permit, $35; 63.4    (10) student permit, $25; 63.5    (11) initial shop registration, $60; 63.6    (12) initial school registration, $1,010; 63.7    (13) renewal shop registration, $60; 63.8    (14) renewal school registration, $260; 63.9    (15) restoration of registered barber license, $75; 63.10    (16) restoration of apprentice license, $70; 63.11    (17) restoration of shop registration, $85; 63.12    (18) change of ownership or location, $35; 63.13    (19) duplicate license, $20; and 63.14    (20) home study course, $75 new text begin ; and new text end 63.15     new text begin (21) registration of hair braiders, $20 per year new text end . 63.16    Sec. 3. new text begin [154.465] HAIR BRAIDING. new text end 63.17     new text begin Subdivision 1. new text end new text begin Registration. new text end new text begin Any person engaged in hair braiding solely for new text end 63.18 new text begin compensation as a profession, except persons licensed as cosmetologists, shall register new text end 63.19 new text begin with the Minnesota Board of Barber and Cosmetology Examiners in a form determined new text end 63.20 new text begin by the board. new text end 63.21     new text begin Subd. 2. new text end new text begin Definition. new text end new text begin "Hair braiding" means a natural form of hair manipulation that new text end 63.22 new text begin results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, new text end 63.23 new text begin locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic new text end 63.24 new text begin fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by new text end 63.25 new text begin hand and by only using simple braiding devices, and maintenance thereof. Hair braiding new text end 63.26 new text begin includes what is commonly known as "African-style hair braiding" or "natural hair care" new text end 63.27 new text begin but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. new text end 63.28 new text begin Hair braiding includes the making of customized wigs from natural hair, natural fibers, new text end 63.29 new text begin synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such new text end 63.30 new text begin as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not new text end 63.31 new text begin involve the use of penetrating chemical hair treatments, chemical hair coloring agents, new text end 63.32 new text begin chemical hair straightening agents, chemical hair joining agents, permanent wave styles, new text end 63.33 new text begin or chemical hair bleaching agents applied to growing human hair. For purposes of this new text end 63.34 new text begin section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins, new text end 64.1 new text begin rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that new text end 64.2 new text begin are required solely for hair braiding. new text end 64.3     new text begin Subd. 3. new text end new text begin Requirements. new text end new text begin In order to qualify for initial registration, any person new text end 64.4 new text begin engaged in hair braiding solely for compensation as a profession, except persons licensed new text end 64.5 new text begin as cosmetologists, shall satisfactorily complete instruction at either an accredited school, new text end 64.6 new text begin professional association, or by an individual approved by the board. Instruction includes new text end 64.7 new text begin coursework covering the topics of health, safety, sanitation, and state laws related to new text end 64.8 new text begin cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in new text end 64.9 new text begin a foreign language format and such availability shall be reported to and posted by the new text end 64.10 new text begin Minnesota Board of Barber and Cosmetology Examiners. new text end 64.11     new text begin Subd. 4. new text end new text begin Curriculum. new text end new text begin An accredited school, professional association, or an new text end 64.12 new text begin individual approved by the board desiring to provide the coursework required under new text end 64.13 new text begin subdivision 3 shall have curriculum in place by January 1, 2008. new text end 64.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, except subdivision 4 is new text end 64.15 new text begin effective the day following final enactment. new text end 64.16    Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read: 64.17    Subdivision 1. Examination of records. The commissioner may enter during 64.18reasonable office hours or upon request and inspect the place of business or employment of 64.19any employer of employees working in the state, to examine and inspect books, registers, 64.20payrolls, and other records of any employer that in any way relate to wages, hours, and 64.21other conditions of employment of any employees. The commissioner may transcribe any 64.22or all of the books, registers, payrolls, and other records as the commissioner deems 64.23necessary or appropriate and may question the employees to ascertain compliance with 64.24sections 177.21 to . The commissioner may investigate wage claims or 64.25complaints by an employee against an employer if the failure to pay a wage may violate 64.26Minnesota law or an order or rule of the department. 64.27    Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read: 64.28    Subd. 4. Compliance orders. The commissioner may issue an order requiring an 64.29employer to comply with sections 177.21 to , 181.02, 181.03, 181.031, 64.30181.032 , 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, and 181.79, or with 64.31any rule promulgated under section 177.28. The department shall serve the order upon 64.32the employer or the employer's authorized representative in person or by certified mail 64.33at the employer's place of business. An employer who wishes to contest the order must 64.34file written notice of objection to the order with the commissioner within 15 calendar 65.1days after being served with the order. A contested case proceeding must then be held 65.2in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being 65.3served with the order, the employer fails to file a written notice of objection with the 65.4commissioner, the order becomes a final order of the commissioner. 65.5    Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read: 65.6    Subd. 8. Court actions; suits brought by private parties. An employee may bring 65.7a civil action seeking redress for a violation or violations of sections 177.21 to 65.8 new text begin 177.44 new text end directly to district court. An employer who pays an employee less than the wages 65.9and overtime compensation to which the employee is entitled under sections 177.21 to 65.10177.35 new text begin 177.44 new text end is liable to the employee for the full amount of the wages, gratuities, and 65.11overtime compensation, less any amount the employer is able to establish was actually 65.12paid to the employee and for an additional equal amount as liquidated damages. In 65.13addition, in an action under this subdivision the employee may seek damages and other 65.14appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement 65.15between the employee and the employer to work for less than the applicable wage is not 65.16a defense to the action. 65.17    Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read: 65.18    Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may 65.19be filed in the district court of the county wherein a violation or violations of sections 65.20177.21 to new text begin 177.44 new text end are alleged to have been committed, where the respondent resides 65.21or has a principal place of business, or any other court of competent jurisdiction. The 65.22action may be brought by one or more employees. 65.23    Sec. 8. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read: 65.24    Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8, 65.25the court shall order an employer who is found to have committed a violation or violations 65.26of sections 177.21 to new text begin 177.44 new text end to pay to the employee or employees reasonable costs, 65.27disbursements, witness fees, and attorney fees. 65.28    Sec. 9. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read: 65.29    Subdivision 1. General authority. The commissioner may adopt rules, including 65.30definitions of terms, to carry out the purposes of sections 177.21 to new text begin 177.44 new text end , to 65.31prevent the circumvention or evasion of those sections, and to safeguard the minimum 65.32wage and overtime rates established by sections 177.24 and 177.25. 66.1    Sec. 10. Minnesota Statutes 2006, section 177.30, is amended to read: 66.2177.30 KEEPING RECORDS; PENALTY. 66.3    Every employer subject to sections 177.21 to new text begin 177.44 new text end must make and keep a 66.4record of: 66.5    (1) the name, address, and occupation of each employee; 66.6    (2) the rate of pay, and the amount paid each pay period to each employee; 66.7    (3) the hours worked each day and each workweek by the employee; and 66.8     new text begin (4) for each employer subject to sections 177.41 to 177.44, and while performing new text end 66.9 new text begin work on public works projects funded in whole or in part with state funds, the prevailing new text end 66.10 new text begin wage master job classification of each employee working on the project for each hour new text end 66.11 new text begin worked; and new text end 66.12    (4) new text begin (5) new text end other information the commissioner finds necessary and appropriate to 66.13enforce sections 177.21 to 177.35. The records must be kept for three years in or near the 66.14premises where an employee works new text begin except each employer subject to sections 177.41 to new text end 66.15 new text begin 177.44, and while performing work on public works projects funded in whole or in part new text end 66.16 new text begin with state funds, the records must be kept for three years after the contracting authority new text end 66.17 new text begin has made final payment on the public works project new text end . 66.18    The commissioner may fine an employer up to $1,000 for each failure to maintain 66.19records as required by this section. This penalty is in addition to any penalties provided 66.20under section 177.32, subdivision 1. In determining the amount of a civil penalty under 66.21this subdivision, the appropriateness of such penalty to the size of the employer's business 66.22and the gravity of the violation shall be considered. 66.23    Sec. 11. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read: 66.24    Subd. 3. Contract requirements. The contract must specifically state the prevailing 66.25wage rates, prevailing hours of labor, and hourly basic rates of pay. new text begin The contract must also new text end 66.26 new text begin provide that the contracting agency shall demand, and the contractor and subcontractor new text end 66.27 new text begin shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days new text end 66.28 new text begin after the end of each pay period. The payrolls must contain all the data required by section new text end 66.29 new text begin 177.30. The contracting authority may examine all records relating to wages paid laborers new text end 66.30 new text begin or mechanics on work to which sections 177.41 to 177.44 apply. new text end 66.31    Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read: 66.32    Subd. 4. Determination by commissioner new text begin ; posting; petition for reconsideration new text end . 66.33    The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all 66.34trades and occupations required in any project must be ascertained before the state asks for 67.1bids. The commissioner of labor and industry shall investigate as necessary to ascertain 67.2the information. The commissioner new text begin Each contractor and subcontractor performing work new text end 67.3 new text begin on a public project new text end shall keep the information posted on the project in at least one 67.4conspicuous place for the information of the employees working on the project. A person 67.5aggrieved by a final determination of the commissioner may petition the commissioner for 67.6reconsideration of findings. A person aggrieved by a decision of the commissioner after 67.7reconsideration may, within 20 days after the decision, petition the commissioner for a 67.8public hearing in the manner of a contested case under sections 14.57 to 14.61. 67.9    Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read: 67.10    Subd. 6. Examination of records new text begin ; investigation by the department new text end . The 67.11Department of Labor and Industry shall enforce this section. The department may 67.12demand, and the contractor and subcontractor shall furnish to the department, copies 67.13of any or all payrolls. The department may examine all records relating to wages paid 67.14laborers or mechanics on work to which sections 177.41 to 177.44 apply. new text begin The department new text end 67.15 new text begin shall employ at least three investigators to perform on-site project reviews, receive and new text end 67.16 new text begin investigate complaints of violations of this section, and conduct training and outreach to new text end 67.17 new text begin contractors and contracting authorities for public works projects financed in whole or new text end 67.18 new text begin in part with state funds. new text end 67.19    Sec. 14. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision 67.20to read: 67.21     new text begin Subd. 6a. new text end new text begin Prevailing wage violations. new text end new text begin Upon issuing a compliance order to an new text end 67.22 new text begin employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to new text end 67.23 new text begin 177.44, the commissioner shall issue a withholding order to the contracting authority new text end 67.24 new text begin ordering the contracting authority to withhold payment of sufficient sum to the prime new text end 67.25 new text begin or general contractor on the project to satisfy the back wages assessed or otherwise new text end 67.26 new text begin cure the violation, and the contracting authority must withhold the sum ordered until new text end 67.27 new text begin the compliance order has become a final order of the commissioner and has been fully new text end 67.28 new text begin paid or otherwise resolved by the employer. new text end 67.29     new text begin During an investigation of a violation of sections 177.41 to 177.44 which the new text end 67.30 new text begin commissioner reasonably determines is likely to result in the finding of a violation of new text end 67.31 new text begin sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section new text end 67.32 new text begin 177.27, subdivision 4, the commissioner may notify the contracting authority of the new text end 67.33 new text begin determination and the amount expected to be assessed and the contracting authority shall new text end 68.1 new text begin give the commissioner 90 days' prior notice of the date the contracting authority intends to new text end 68.2 new text begin make final payment. new text end 68.3    Sec. 15. new text begin [181.723] INDEPENDENT CONTRACTORS. new text end 68.4     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this subdivision apply to this section. new text end 68.5     new text begin (a) "Person" means any individual, limited liability corporation, corporation, new text end 68.6 new text begin partnership, incorporated or unincorporated association, sole proprietorship, joint stock new text end 68.7 new text begin company, or any other legal or commercial entity. new text end 68.8     new text begin (b) "Department" means the Department of Labor and Industry. new text end 68.9     new text begin (c) "Commissioner" means the commissioner of labor and industry or a duly new text end 68.10 new text begin designated representative of the commissioner who is either an employee of the new text end 68.11 new text begin Department of Labor and Industry or person working under contract with the Department new text end 68.12 new text begin of Labor and Industry. new text end 68.13     new text begin (d) "Individual" means a human being. new text end 68.14     new text begin (e) "Day" means calendar day unless otherwise provided. new text end 68.15     new text begin (f) "Knowingly" means knew or could have known with the exercise of reasonable new text end 68.16 new text begin diligence. new text end 68.17     new text begin (g) "Document" or "documents" includes papers; books; records; memoranda; data; new text end 68.18 new text begin contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; new text end 68.19 new text begin records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars new text end 68.20 new text begin maintained in any form or manner. new text end 68.21     new text begin Subd. 2. new text end new text begin Limited application. new text end new text begin This section only applies to individuals performing new text end 68.22 new text begin public or private sector commercial or residential building construction or improvement new text end 68.23 new text begin services. new text end 68.24     new text begin Subd. 3. new text end new text begin Employee-employer relationship. new text end new text begin Except as provided in subdivision new text end 68.25 new text begin 4, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an new text end 68.26 new text begin individual who performs services for a person that are in the course of the person's trade, new text end 68.27 new text begin business, profession, or occupation is an employee of that person and that person is an new text end 68.28 new text begin employer of the individual. new text end 68.29     new text begin Subd. 4. new text end new text begin Independent contractor. new text end new text begin An individual is an independent contractor and new text end 68.30 new text begin not an employee of the person for whom the individual is performing services in the course new text end 68.31 new text begin of the person's trade, business, profession, or occupation only if (1) the individual holds new text end 68.32 new text begin a current independent contractor exemption certificate issued by the commissioner; and new text end 68.33 new text begin (2) the individual is performing services for the person under the independent contractor new text end 68.34 new text begin exemption certificate as provided in subdivision 6. The requirements in clauses (1) and (2) new text end 68.35 new text begin must be met in order to qualify as an independent contractor and not as an employee of new text end 69.1 new text begin the person for whom the individual is performing services in the course of the person's new text end 69.2 new text begin trade, business, profession, or occupation. new text end 69.3     new text begin Subd. 5. new text end new text begin Application. new text end new text begin To obtain an independent contractor exemption certificate, new text end 69.4 new text begin the individual must submit, in the manner prescribed by the commissioner, a complete new text end 69.5 new text begin application and the certificate fee required under subdivision 14. new text end 69.6     new text begin (a) A complete application must include all of the following information: new text end 69.7     new text begin (1) the individual's full name; new text end 69.8     new text begin (2) the individual's residence address and telephone number; new text end 69.9     new text begin (3) the individual's business name, address, and telephone number; new text end 69.10     new text begin (4) the services for which the individual is seeking an independent contractor new text end 69.11 new text begin exemption certificate; new text end 69.12     new text begin (5) the individual's Social Security number; new text end 69.13     new text begin (6) the individual's or the individual's business federal employer identification new text end 69.14 new text begin number, if a number has been issued to the individual or the individual's business; new text end 69.15     new text begin (7) any information or documentation that the commissioner requires by rule that new text end 69.16 new text begin will assist the department in determining whether to grant or deny the individual's new text end 69.17 new text begin application; and new text end 69.18     new text begin (8) the individual's sworn statement that the individual meets all of the following new text end 69.19 new text begin conditions: new text end 69.20     new text begin (i) maintains a separate business with the individual's own office, equipment, new text end 69.21 new text begin materials, and other facilities; new text end 69.22     new text begin (ii) holds or has applied for a federal employer identification number or has filed new text end 69.23 new text begin business or self-employment income tax returns with the federal Internal Revenue Service new text end 69.24 new text begin if the person has performed services in the previous year for which the individual is new text end 69.25 new text begin seeking the independent contractor exemption certificate; new text end 69.26     new text begin (iii) operates under contracts to perform specific services for specific amounts of new text end 69.27 new text begin money and under which the individual controls the means of performing the services; new text end 69.28     new text begin (iv) incurs the main expenses related to the service that the individual performs new text end 69.29 new text begin under contract; new text end 69.30     new text begin (v) is responsible for the satisfactory completion of services that the individual new text end 69.31 new text begin contracts to perform and is liable for a failure to complete the service; new text end 69.32     new text begin (vi) receives compensation for service performed under a contract on a commission new text end 69.33 new text begin or per-job or competitive bid basis and not on any other basis; new text end 69.34     new text begin (vii) may realize a profit or suffer a loss under contracts to perform service; new text end 69.35     new text begin (viii) has continuing or recurring business liabilities or obligations; and new text end 70.1     new text begin (ix) the success or failure of the individual's business depends on the relationship of new text end 70.2 new text begin business receipts to expenditures. new text end 70.3     new text begin (b) Individuals who are applying for or renewing a residential building contractor new text end 70.4 new text begin or residential remodeler license under sections 326.83 to 326.992 and any rules new text end 70.5 new text begin promulgated pursuant thereto may simultaneously apply for or renew an independent new text end 70.6 new text begin contractor exemption certificate. The commissioner shall create an application form new text end 70.7 new text begin that allows for the simultaneous application for both a residential building contractor new text end 70.8 new text begin or residential remodeler license and an independent contractor exemption certificate. new text end 70.9 new text begin If individuals simultaneously apply for or renew a residential building contractor or new text end 70.10 new text begin residential remodeler license and an independent contractor exemption certificate using new text end 70.11 new text begin the form created by the commissioner, individuals shall only be required to provide, in new text end 70.12 new text begin addition to the information required by section 326.89 and rules promulgated pursuant new text end 70.13 new text begin thereto, the sworn statement required by paragraph (a), clause (8), and any additional new text end 70.14 new text begin information required by this subdivision that is not also required by section 326.89 and new text end 70.15 new text begin any rules promulgated thereto. When individuals submit a simultaneous application on the new text end 70.16 new text begin form created by the commissioner for both a residential building contractor or residential new text end 70.17 new text begin remodeler license and an independent contractor exemption certificate, the application new text end 70.18 new text begin fee shall be $150. An independent contractor exemption certificate that is in effect new text end 70.19 new text begin before March 1, 2009, shall remain in effect until March 1, 2011, unless revoked by the new text end 70.20 new text begin commissioner or cancelled by the individual. new text end 70.21     new text begin (c) Within 30 days of receiving a complete application and the certificate fee, the new text end 70.22 new text begin commissioner must either grant or deny the application. The commissioner may deny new text end 70.23 new text begin an application for an independent contractor exemption certificate if the individual has new text end 70.24 new text begin not submitted a complete application and certificate fee or if the individual does not new text end 70.25 new text begin meet all of the conditions for holding the independent contractor exemption certificate. new text end 70.26 new text begin The commissioner may revoke an independent contractor exemption certificate if the new text end 70.27 new text begin commissioner determines that the individual no longer meets all of the conditions for new text end 70.28 new text begin holding the independent contractor exemption certificate, commits any of the actions new text end 70.29 new text begin set out in subdivision 7, or fails to cooperate with a department investigation into the new text end 70.30 new text begin continued validity of the individual's certificate. Once issued, an independent contractor new text end 70.31 new text begin exemption certificate remains in effect for two years unless: new text end 70.32     new text begin (1) revoked by the commissioner; or new text end 70.33     new text begin (2) canceled by the individual. new text end 70.34     new text begin (d) If the department denies an individual's original or renewal application for new text end 70.35 new text begin an independent contractor exemption certificate or revokes an independent contractor new text end 70.36 new text begin exemption certificate, the commissioner shall issue to the individual an order denying or new text end 71.1 new text begin revoking the certificate. The commissioner may issue an administrative penalty order to new text end 71.2 new text begin an individual or person who commits any of the actions set out in subdivision 7. new text end 71.3     new text begin (e) An individual or person to whom the commissioner issues an order under new text end 71.4 new text begin paragraph (d) shall have 30 days after service of the order to request a hearing. The new text end 71.5 new text begin request for hearing must be in writing and must be served on or faxed to the commissioner new text end 71.6 new text begin at the address or facsimile number specified in the order by the 30th day after service of new text end 71.7 new text begin the order. If the individual does not request a hearing or if the individual's request for a new text end 71.8 new text begin hearing is not served on or faxed to the commissioner by the 30th day after service of the new text end 71.9 new text begin order, the order shall become a final order of the commissioner and will not be subject to new text end 71.10 new text begin review by any court or agency. The date on which a request for hearing is served by mail new text end 71.11 new text begin shall be the postmark date on the envelope in which the request for hearing is mailed. If new text end 71.12 new text begin the individual serves or faxes a timely request for hearing, the hearing shall be a contested new text end 71.13 new text begin case hearing and shall be held in accordance with chapter 14. new text end 71.14     new text begin Subd. 6. new text end new text begin Performing services under exemption certificate. new text end new text begin An individual is new text end 71.15 new text begin performing services for a person under an independent contractor exemption certificate if: new text end 71.16     new text begin (a) the individual is performing services listed on the individual's independent new text end 71.17 new text begin contractor exemption certificate; and new text end 71.18     new text begin (b) at the time the individual is performing services listed on the individual's new text end 71.19 new text begin independent contractor exemption certificate, the individual meets all of the following new text end 71.20 new text begin conditions: new text end 71.21     new text begin (1) maintains a separate business with the individual's own office, equipment, new text end 71.22 new text begin materials, and other facilities; new text end 71.23     new text begin (2) holds or has applied for a federal employer identification number or has filed new text end 71.24 new text begin business or self-employment income tax returns with the federal Internal Revenue Service new text end 71.25 new text begin if the individual performed services in the previous year for which the individual has the new text end 71.26 new text begin independent contractor exemption certificate; new text end 71.27     new text begin (3) is operating under contract to perform the specific services for the person new text end 71.28 new text begin for specific amounts of money and under which the individual controls the means of new text end 71.29 new text begin performing the services; new text end 71.30     new text begin (4) is incurring the main expenses related to the services that the individual is new text end 71.31 new text begin performing for the person under the contract; new text end 71.32     new text begin (5) is responsible for the satisfactory completion of the services that the individual new text end 71.33 new text begin has contracted to perform for the person and is liable for a failure to complete the services; new text end 71.34     new text begin (6) receives compensation from the person for the services performed under the new text end 71.35 new text begin contract on a commission or per-job or competitive bid basis and not on any other basis; new text end 72.1     new text begin (7) may realize a profit or suffers a loss under the contract to perform services for new text end 72.2 new text begin the person; new text end 72.3     new text begin (8) has continuing or recurring business liabilities or obligations; and new text end 72.4     new text begin (9) the success or failure of the individual's business depends on the relationship of new text end 72.5 new text begin business receipts to expenditures. new text end 72.6     new text begin Subd. 7. new text end new text begin Prohibited activities. new text end new text begin (a) An individual shall not: new text end 72.7     new text begin (1) perform work as an independent contractor who meets the qualifications under new text end 72.8 new text begin subdivision 6 without first obtaining from the department an independent contractor new text end 72.9 new text begin exemption certificate; new text end 72.10     new text begin (2) perform work as an independent contractor when the department has denied or new text end 72.11 new text begin revoked the individual's independent contractor exemption certificate; new text end 72.12     new text begin (3) transfer to another individual or allow another individual to use the individual's new text end 72.13 new text begin independent contractor exemption certificate; new text end 72.14     new text begin (4) alter or falsify an independent contractor exemption certificate; new text end 72.15     new text begin (5) misrepresent the individual's status as an independent contractor; or new text end 72.16     new text begin (6) make a false material statement, representation, or certification; omit material new text end 72.17 new text begin information; or alter, conceal, or fail to file a document required by this section or any rule new text end 72.18 new text begin promulgated by the commissioner under rulemaking authority set out in this section. new text end 72.19     new text begin (b) A person shall not: new text end 72.20     new text begin (1) require an individual through coercion, misrepresentation, or fraudulent means to new text end 72.21 new text begin adopt independent contractor status; new text end 72.22     new text begin (2) knowingly misrepresent that an individual who has not been issued an new text end 72.23 new text begin independent contractor exemption certificate or is not performing services for the person new text end 72.24 new text begin under an independent contractor exemption certificate is an independent contractor; or new text end 72.25     new text begin (3) make a false material statement, representation, or certification; omit material new text end 72.26 new text begin information; or alter, conceal, or fail to file a document required by this section or any rule new text end 72.27 new text begin promulgated by the commissioner under rulemaking authority set out in this section. new text end 72.28     new text begin (c) A person for whom an individual is performing services must obtain a copy of the new text end 72.29 new text begin individual's independent contractor exemption certificate before services may commence. new text end 72.30 new text begin A copy of the independent contractor exemption certificate must be retained for five years new text end 72.31 new text begin from the date of receipt by the person for whom an individual is performing services. new text end 72.32     new text begin Subd. 8. new text end new text begin Remedies. new text end new text begin An individual or person who violates any provision of new text end 72.33 new text begin subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for new text end 72.34 new text begin each violation. The department shall deposit penalties in the assigned risk safety account. new text end 72.35     new text begin Subd. 9. new text end new text begin Commissioner's powers. new text end new text begin (a) In order to carry out the purposes of this new text end 72.36 new text begin section, the commissioner may: new text end 73.1     new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take new text end 73.2 new text begin oral or written statements, and take depositions; new text end 73.3     new text begin (2) request, examine, take possession of, photograph, record, and copy any new text end 73.4 new text begin documents, equipment, or materials; new text end 73.5     new text begin (3) at a time and place indicated by the commissioner, request persons to appear new text end 73.6 new text begin before the commissioner to give testimony and produce documents, equipment, or new text end 73.7 new text begin materials; new text end 73.8     new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give new text end 73.9 new text begin testimony and produce documents, equipment, or materials; and new text end 73.10     new text begin (5) subject to paragraph (c), with or without notice, enter without delay upon new text end 73.11 new text begin any property, public or private, for the purpose of taking any action authorized under new text end 73.12 new text begin this subdivision or the applicable law, including obtaining information or conducting new text end 73.13 new text begin inspections or investigations. new text end 73.14     new text begin (b) Persons requested by the commissioner to give testimony or produce documents, new text end 73.15 new text begin equipment, or materials shall respond within the time and in the manner specified by the new text end 73.16 new text begin commissioner. If no time to respond is specified in the request, then a response shall be new text end 73.17 new text begin submitted within 30 days of the commissioner's service of the request. new text end 73.18     new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property new text end 73.19 new text begin owner's representative, or lessee's representative to permit the commissioner's entry onto new text end 73.20 new text begin property as provided in paragraph (a), the commissioner may apply for an administrative new text end 73.21 new text begin inspection order in the Ramsey County District Court or, at the commissioner's discretion, new text end 73.22 new text begin in the district court in the county in which the property is located. The commissioner may new text end 73.23 new text begin anticipate that a property owner or lessee will refuse entry if the property owner, lessee, new text end 73.24 new text begin property owner's representative, or lessee's representative has refused to permit entry on a new text end 73.25 new text begin prior occasion or has informed the commissioner that entry will be refused. Upon showing new text end 73.26 new text begin of administrative probable cause by the commissioner, the district court shall issue an new text end 73.27 new text begin administrative inspection order that compels the property owner or lessee to permit the new text end 73.28 new text begin commissioner to enter the property for the purposes specified in paragraph (a). new text end 73.29     new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of new text end 73.30 new text begin any person to obey a subpoena lawfully issued by the commissioner under this subdivision new text end 73.31 new text begin as a contempt of court. new text end 73.32     new text begin Subd. 10. new text end new text begin Notice requirements. new text end new text begin Unless otherwise specified, service of a document new text end 73.33 new text begin on a person under this section may be by mail, by personal service, or in accordance with new text end 73.34 new text begin any consent to service filed with the commissioner. Service by mail shall be accomplished new text end 73.35 new text begin in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service new text end 74.1 new text begin shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550, new text end 74.2 new text begin subpart 3. new text end 74.3     new text begin Subd. 11. new text end new text begin Facsimile; timely service. new text end new text begin When this section permits a request for new text end 74.4 new text begin hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15 new text end 74.5 new text begin pages in length. The request shall be considered timely served if the facsimile is received new text end 74.6 new text begin by the commissioner, at the facsimile number identified by the commissioner in the order, new text end 74.7 new text begin no later than 4:30 p.m. central time on the last day permitted for faxing the request. new text end 74.8 new text begin Where the quality or authenticity of the faxed request is at issue, the commissioner new text end 74.9 new text begin may require the original request to be filed. Where the commissioner has not identified new text end 74.10 new text begin quality or authenticity of the faxed request as an issue and the request has been faxed in new text end 74.11 new text begin accordance with this subdivision, the person faxing the request does not need to file the new text end 74.12 new text begin original request with the commissioner. new text end 74.13     new text begin Subd. 12. new text end new text begin Time period computation. new text end new text begin In computing any period of time prescribed new text end 74.14 new text begin or allowed by this section, the day of the act, event, or default from which the designated new text end 74.15 new text begin period of time begins to run shall not be included. The last day of the period so computed new text end 74.16 new text begin shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the new text end 74.17 new text begin period runs until the next day which is not a Saturday, Sunday, or legal holiday. new text end 74.18     new text begin Subd. 13. new text end new text begin Rulemaking. new text end new text begin The commissioner may, in consultation with the new text end 74.19 new text begin commissioner of revenue and the commissioner of employment and economic new text end 74.20 new text begin development, adopt, amend, suspend, and repeal rules under the rulemaking provisions new text end 74.21 new text begin of chapter 14 that relate to the commissioner's responsibilities under this section. This new text end 74.22 new text begin subdivision is effective the day following final enactment. new text end 74.23     new text begin Subd. 14. new text end new text begin Fee. new text end new text begin The certificate fee for the original application and for the renewal of new text end 74.24 new text begin an independent contractor exemption certificate shall be $150. new text end 74.25     new text begin Subd. 15. new text end new text begin Notice to commissioner; review by commissioner of revenue. new text end new text begin When new text end 74.26 new text begin the commissioner has reason to believe that an individual who holds a certificate has failed new text end 74.27 new text begin to maintain all the conditions required by subdivision 6 or is not performing services for a new text end 74.28 new text begin person under the independent contractor exemption certificate, the commissioner must new text end 74.29 new text begin notify the commissioner of revenue and the commissioner of employment and economic new text end 74.30 new text begin development. Upon receipt of notification from the commissioner that an individual who new text end 74.31 new text begin holds a certificate has failed to maintain all the conditions required by subdivision 6 new text end 74.32 new text begin or is not performing services for a person under the independent contractor exemption new text end 74.33 new text begin certificate, the commissioner of revenue must review the information returns required new text end 74.34 new text begin under section 6041A of the Internal Revenue Code. The commissioner of revenue shall new text end 74.35 new text begin also review the submitted certification that is applicable to returns audited or investigated new text end 74.36 new text begin under section 289A.35. new text end 75.1     new text begin Subd. 16. new text end new text begin Data classified. new text end new text begin Data in applications for an independent contractor new text end 75.2 new text begin exemption certificate and any required documentation submitted to the commissioner are new text end 75.3 new text begin private data on individuals as defined in section 13.02. Data in exemption certificates new text end 75.4 new text begin issued by the commissioner are public data. Data that document a revocation or new text end 75.5 new text begin cancellation of an exemption certificate are public data. Upon request of the Department new text end 75.6 new text begin of Revenue or Department of Employment and Economic Development, the commissioner new text end 75.7 new text begin may release to the requesting department data classified as private under this subdivision new text end 75.8 new text begin or investigative data that are not public under section 13.39 that relate to the issuance or new text end 75.9 new text begin denial of applications or revocations of certificates. new text end 75.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 75.11    Sec. 16. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read: 75.12    Subdivision 1. Prohibited action. An employer shall not discharge, discipline, 75.13threaten, otherwise discriminate against, or penalize an employee regarding the employee's 75.14compensation, terms, conditions, location, or privileges of employment because: 75.15    (a) the employee, or a person acting on behalf of an employee, in good faith, reports 75.16a violation or suspected violation of any federal or state law or rule adopted pursuant to 75.17law to an employer or to any governmental body or law enforcement official; 75.18    (b) the employee is requested by a public body or office to participate in an 75.19investigation, hearing, inquiry; 75.20    (c) the employee refuses an employer's order to perform an action that the employee 75.21has an objective basis in fact to believe violates any state or federal law or rule or 75.22regulation adopted pursuant to law, and the employee informs the employer that the order 75.23is being refused for that reason; or 75.24    (d) the employee, in good faith, reports a situation in which the quality of health care 75.25services provided by a health care facility, organization, or health care provider violates a 75.26standard established by federal or state law or a professionally recognized national clinical 75.27or ethical standard and potentially places the public at risk of harm. new text begin ; or new text end 75.28     new text begin (e) a public employee communicates the findings of a scientific or technical study new text end 75.29 new text begin that the employee, in good faith, believes to be truthful and accurate, including reports to a new text end 75.30 new text begin governmental body or law enforcement official. new text end 75.31 new text begin The disclosures protected pursuant to this section do not authorize the disclosure of data new text end 75.32 new text begin otherwise protected by law. new text end 76.1    Sec. 17. Minnesota Statutes 2006, section 181.935, is amended to read: 76.2181.935 INDIVIDUAL REMEDIES; PENALTY. 76.3    (a) In addition to any remedies otherwise provided by law, an employee injured by 76.4a violation of section 181.932 may bring a civil action to recover any and all damages 76.5recoverable at law, together with costs and disbursements, including reasonable attorney's 76.6fees, and may receive such injunctive and other equitable relief as determined by the court. 76.7    (b) An employer who failed to notify, as required under section 181.933 or 181.934, 76.8an employee injured by a violation of section 181.932 is subject to a civil penalty of $25 76.9per day per injured employee not to exceed $750 per injured employee. 76.10     new text begin (c) If the district court determines that a violation of section 181.932 occurred, new text end 76.11 new text begin the court may order any appropriate relief, including but not limited to reinstatement, new text end 76.12 new text begin back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the new text end 76.13 new text begin expungement of any adverse records of an employee who was the subject of the alleged new text end 76.14 new text begin acts of misconduct. new text end 76.15    Sec. 18. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read: 76.16    Subd. 6. Scope; limitations. (a) This section applies to a sales representative who, 76.17during some part of the period of the sales representative agreement: 76.18    (1) is a resident of Minnesota or maintains that person's principal place of business 76.19in Minnesota; or 76.20    (2) whose geographical territory specified in the sales representative agreement 76.21includes part or all of Minnesota. 76.22    (b) To be effective, any demand for arbitration under subdivision 5 must be made 76.23in writing and delivered to the principal on or before one year after the effective date of 76.24the termination of the agreement. 76.25     new text begin (c) A provision in any contract between a sales representative dealing in plumbing new text end 76.26 new text begin equipment or supplies and a principal purporting to waive any provision of this act, new text end 76.27 new text begin whether by express waiver or by a provision stipulating that the contract is subject to the new text end 76.28 new text begin laws of another state, shall be void. new text end 76.29    Sec. 19. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read: 76.30    Subdivision 1. Rules. The state commissioner of health new text begin Plumbing Board new text end may, by 76.31rule, prescribe minimum standards which shall be uniform, and which standards shall 76.32thereafter be effective for all new plumbing installations, including additions, extensions, 76.33alterations, and replacements connected with any water or sewage disposal system owned 76.34or operated by or for any municipality, institution, factory, office building, hotel, apartment 77.1building, or any other place of business regardless of location or the population of the city 77.2or town in which new text begin the installation is to be new text end located. Notwithstanding the provisions of 77.3Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications, 77.4the commissioner may allow plumbing construction, alteration, or extension to proceed 77.5without approval of the plans or specifications by the commissioner. 77.6     new text begin Except for powers granted to the Plumbing Board, new text end the commissioner new text begin of labor and new text end 77.7 new text begin industry new text end shall administer the provisions of sections 326.37 to 326.45 and for such purposes 77.8may employ plumbing inspectors and other assistants. 77.9    Sec. 20. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision 77.10to read: 77.11     new text begin Subd. 4. new text end new text begin Air admittance valves and water-free urinals prohibited. new text end new text begin (a) new text end 77.12 new text begin Mechanical devices and fittings with internal moving parts are prohibited from installation new text end 77.13 new text begin in plumbing venting systems. new text end 77.14     new text begin (b) All urinals covered under the jurisdiction of the state Plumbing Code must have new text end 77.15 new text begin a water flush device with a volume of not more than one gallon per use. new text end 77.16    Sec. 21. new text begin [326.372] PLUMBING BOARD. new text end 77.17     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Plumbing Board shall consist of 13 members. new text end 77.18 new text begin Eleven members shall be appointed by the governor with the advice and consent of the new text end 77.19 new text begin senate and shall be voting members. Appointments of members by the governor shall be new text end 77.20 new text begin made in accordance with section 15.066. If the senate votes to refuse to consent to an new text end 77.21 new text begin appointment of a member made by the governor, the governor shall appoint a new member new text end 77.22 new text begin with the advice and consent of the senate. One member shall be the commissioner of labor new text end 77.23 new text begin and industry or the designee, who shall be a voting member. One member shall be the new text end 77.24 new text begin commissioner of health or the designee, who shall not be a voting member. Of the 11 new text end 77.25 new text begin appointed members, the composition shall be as follows: new text end 77.26     new text begin (1) two members shall be municipal plumbing inspectors, one from the metropolitan new text end 77.27 new text begin area and one from greater Minnesota; new text end 77.28     new text begin (2) one member shall a be licensed professional engineer specializing in plumbing new text end 77.29 new text begin designs or systems; new text end 77.30     new text begin (3) two members shall be commercial/industrial plumbing contractors, one from the new text end 77.31 new text begin metropolitan area and one from greater Minnesota; new text end 77.32     new text begin (4) one member shall be a residential plumbing contractor; new text end 77.33     new text begin (5) two members shall be commercial/industrial journeymen, one from the new text end 77.34 new text begin metropolitan area and one from greater Minnesota; new text end 78.1     new text begin (6) one member shall be a residential plumbing journeyman; new text end 78.2     new text begin (7) one member shall be a water conditioning contractor; and new text end 78.3     new text begin (8) one member shall be a municipal public water supply system operator or new text end 78.4 new text begin superintendent. new text end 78.5     new text begin One of the municipal plumbing inspectors shall be appointed for an initial term to new text end 78.6 new text begin end on December 31, 2010, and one municipal plumbing inspector shall be appointed for new text end 78.7 new text begin an initial term to end on December 31, 2011. The professional engineer shall be appointed new text end 78.8 new text begin for an initial term to end on December 31, 2011. One of the commercial/industrial new text end 78.9 new text begin plumbing contractors shall be appointed for an initial term to end on December 31, 2010, new text end 78.10 new text begin and one commercial/industrial plumbing contractor shall be appointed for an initial term new text end 78.11 new text begin to end on December 31, 2011. The residential plumbing contractor shall be appointed for new text end 78.12 new text begin an initial term to end on December 31, 2010. One of the commercial/industrial plumbing new text end 78.13 new text begin journeymen shall be appointed for an initial term to end on December 31, 2011, and one new text end 78.14 new text begin commercial/industrial plumbing journeyman shall be appointed for an initial term to end new text end 78.15 new text begin on December 31, 2010. The residential plumbing journeyman shall be appointed for an new text end 78.16 new text begin initial term to end on December 31, 2011. The water conditioning contractor shall be new text end 78.17 new text begin appointed for an initial term to end on December 31, 2010. The municipal public water new text end 78.18 new text begin supply system operator or superintendent shall be appointed for an initial term to end new text end 78.19 new text begin on December 31, 2011. new text end 78.20     new text begin (b) The licensed professional engineer must possess a current Minnesota professional new text end 78.21 new text begin engineering license and maintain the license for the duration of the term served on the new text end 78.22 new text begin board. All other appointed members, except the water conditioning contractor and the new text end 78.23 new text begin municipal public water supply system operator or superintendent, must possess a current new text end 78.24 new text begin plumbing license issued by the Department of Labor and Industry and maintain that new text end 78.25 new text begin license for the duration of their terms. The water conditioning contractor must be licensed new text end 78.26 new text begin as a water conditioning contractor by the department and maintain the license for the new text end 78.27 new text begin duration of the term served on the board. All appointed members must be residents of new text end 78.28 new text begin Minnesota at the time of and throughout their terms. The term of any appointed member new text end 78.29 new text begin who does not maintain membership qualification status shall end on the date of status new text end 78.30 new text begin change and the governor shall appoint a replacement member. It is the responsibility of new text end 78.31 new text begin the member to notify the board of a change in the member's status. new text end 78.32     new text begin (c) For appointed members, except the initial terms designated in paragraph (a), each new text end 78.33 new text begin term shall be three years with the terms ending on the first Monday in January. Members new text end 78.34 new text begin appointed by the governor shall be limited to three consecutive terms. The governor shall, new text end 78.35 new text begin all or in part, reappoint the current members or appoint replacement members with the new text end 78.36 new text begin advice and consent of the senate. Midterm vacancies shall be filled for the remaining new text end 79.1 new text begin portion of the term. Vacancies occurring with less than six months time remaining in the new text end 79.2 new text begin term shall be filled for the existing term and the following three-year term. Members may new text end 79.3 new text begin serve until successors are appointed but in no case later than July 1 in a year in which the new text end 79.4 new text begin term expires unless reappointed. new text end 79.5     new text begin Subd. 2. new text end new text begin Powers; duties; administrative support. new text end new text begin (a) The board shall have the new text end 79.6 new text begin power to: new text end 79.7     new text begin (1) elect its chair, vice-chair, and secretary; new text end 79.8     new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the new text end 79.9 new text begin board, and contain such other provisions as may be useful and necessary for the efficient new text end 79.10 new text begin conduct of the business of the board; new text end 79.11     new text begin (3) adopt the Plumbing Code that must be followed in this state and any Plumbing new text end 79.12 new text begin Code amendments thereto. The board shall adopt the Plumbing Code and any amendments new text end 79.13 new text begin thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c), new text end 79.14 new text begin and (d); new text end 79.15     new text begin (4) review requests for final interpretations and issue final interpretations as provided new text end 79.16 new text begin in section 16B.63, subdivision 5; new text end 79.17     new text begin (5) except for rules regulating continuing education, adopt rules that regulate the new text end 79.18 new text begin licensure or registration of plumbing contractors, journeymen, apprentices, master new text end 79.19 new text begin plumbers, restricted master plumbers, and restricted journeymen and other persons new text end 79.20 new text begin engaged in the design, installation, and alteration of plumbing systems, except for those new text end 79.21 new text begin individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt new text end 79.22 new text begin these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f); new text end 79.23     new text begin (6) advise the commissioner regarding educational requirements for plumbing new text end 79.24 new text begin inspectors; new text end 79.25     new text begin (7) refer complaints or other communications, whether oral or written, that allege new text end 79.26 new text begin or imply a violation of a statute, rule, or order that the commissioner has the authority to new text end 79.27 new text begin enforce pertaining to code compliance, licensure, or an offering to perform or performance new text end 79.28 new text begin of unlicensed plumbing services to the commissioner under subdivision 8; new text end 79.29     new text begin (8) approve per diem and expenses deemed necessary for its members as provided in new text end 79.30 new text begin subdivision 3; new text end 79.31     new text begin (9) approve license reciprocity agreements; new text end 79.32     new text begin (10) select from its members individuals to serve on any other state advisory council, new text end 79.33 new text begin board, or committee; and new text end 79.34     new text begin (11) recommend the fees for licenses and certifications. new text end 80.1     new text begin Except for the powers granted to the Plumbing Board, the commissioner of labor new text end 80.2 new text begin and industry shall administer and enforce the provisions of sections 326.37 to 326.45 and new text end 80.3 new text begin any rules promulgated pursuant thereto. new text end 80.4     new text begin (b) The board shall comply with section 15.0597, subdivisions 2 and 4. new text end 80.5     new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations new text end 80.6 new text begin with the recommendations and rulemaking conducted by the other boards. The new text end 80.7 new text begin commissioner shall provide staff support to the board. The support includes professional, new text end 80.8 new text begin legal, technical, and clerical staff necessary to perform rulemaking and other duties new text end 80.9 new text begin assigned to the board. The commissioner of labor and industry shall supply necessary new text end 80.10 new text begin office space and supplies to assist the board in its duties. new text end 80.11     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin (a) Members of the board may be compensated at the rate new text end 80.12 new text begin of $55 a day spent on board activities, when authorized by the board, plus expenses in new text end 80.13 new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end 80.14 new text begin section 43A.18, subdivision 2. Members who, as a result of time spent attending board new text end 80.15 new text begin meetings, incur child care expenses that would not otherwise have been incurred, may be new text end 80.16 new text begin reimbursed for those expenses upon board authorization. new text end 80.17     new text begin (b) Members who are state employees or employees of the political subdivisions new text end 80.18 new text begin of the state must not receive the daily payment for activities that occur during working new text end 80.19 new text begin hours for which they are compensated by the state or political subdivision. However, a new text end 80.20 new text begin state or political subdivision employee may receive the daily payment if the employee new text end 80.21 new text begin uses vacation time or compensatory time accumulated in accordance with a collective new text end 80.22 new text begin bargaining agreement or compensation plan for board activities. Members who are state new text end 80.23 new text begin employees or employees of the political subdivisions of the state may receive the expenses new text end 80.24 new text begin provided for in this subdivision unless the expenses are reimbursed by another source. new text end 80.25 new text begin Members who are state employees or employees of political subdivisions of the state new text end 80.26 new text begin may be reimbursed for child care expenses only for time spent on board activities that new text end 80.27 new text begin are outside their working hours. new text end 80.28     new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent new text end 80.29 new text begin on board activities for purposes of making daily payments under this subdivision. new text end 80.30     new text begin Subd. 4. new text end new text begin Removal; vacancies. new text end new text begin (a) An appointed member of the board may be new text end 80.31 new text begin removed by the governor at any time (1) for cause, after notice and hearing, or (2) after new text end 80.32 new text begin missing three consecutive meetings. The chair of the board shall inform the governor of new text end 80.33 new text begin an appointed member missing three consecutive meetings. After the second consecutive new text end 80.34 new text begin missed meeting and before the next meeting, the secretary of the board shall notify the new text end 80.35 new text begin appointed member in writing that the member may be removed for missing the next new text end 80.36 new text begin meeting. In the case of a vacancy on the board, the governor shall, with the advice new text end 81.1 new text begin and consent of the senate, appoint a person to fill the vacancy for the remainder of the new text end 81.2 new text begin unexpired term. new text end 81.3     new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6. new text end 81.4     new text begin Subd. 5. new text end new text begin Membership vacancies within three months of appointment. new text end 81.5     new text begin Notwithstanding any law to the contrary, when a seat on the board becomes vacant within new text end 81.6 new text begin three months after being filled through the appointment process, the governor may, new text end 81.7 new text begin upon notification to the Office of the Secretary of State, choose a new member from the new text end 81.8 new text begin applications on hand and need not repeat the process. new text end 81.9     new text begin Subd. 6. new text end new text begin Officers, quorum, voting. new text end new text begin (a) The board shall elect annually from its new text end 81.10 new text begin members a chair, vice-chair, and secretary. A quorum of the board shall consist of a new text end 81.11 new text begin majority of members of the board qualified to vote on the matter in question. All questions new text end 81.12 new text begin concerning the manner in which a meeting is conducted or called that are not covered new text end 81.13 new text begin by statute shall be determined by Robert's Rules of Order (revised) unless otherwise new text end 81.14 new text begin specified by the bylaws. new text end 81.15     new text begin (b) Except as provided in paragraph (c), each Plumbing Code amendment considered new text end 81.16 new text begin by the board that receives an affirmative two-thirds or more majority vote of all of the new text end 81.17 new text begin voting members of the board shall be included in the next Plumbing Code rulemaking new text end 81.18 new text begin proceeding initiated by the board. If a Plumbing Code amendment considered, or new text end 81.19 new text begin reconsidered, by the board receives less than a two-thirds majority vote of all of the voting new text end 81.20 new text begin members of the board, the Plumbing Code amendment shall not be included in the next new text end 81.21 new text begin Plumbing Code rulemaking proceeding initiated by the board. new text end 81.22     new text begin (c) If the Plumbing Code amendment considered by the board is to replace the new text end 81.23 new text begin Minnesota Plumbing Code with a model Plumbing Code, then the amendment may only new text end 81.24 new text begin be included in the next Plumbing Code rulemaking proceeding if it receives an affirmative new text end 81.25 new text begin two-thirds or more majority vote of all of the voting members of the board. new text end 81.26     new text begin (d) The board may reconsider Plumbing Code amendments during an active new text end 81.27 new text begin Plumbing Code rulemaking proceeding in which the amendment previously failed to new text end 81.28 new text begin receive a two-thirds majority vote or more of all of the voting members of the board only if new text end 81.29 new text begin new or updated information that affects the Plumbing Code amendment is presented to the new text end 81.30 new text begin board. The board may also reconsider failed Plumbing Code amendments in subsequent new text end 81.31 new text begin Plumbing Code rulemaking proceedings. new text end 81.32     new text begin (e) Except as provided in paragraph (f), each proposed rule and rule amendment new text end 81.33 new text begin considered by the board pursuant to the rulemaking authority specified in subdivision 2, new text end 81.34 new text begin paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the new text end 81.35 new text begin voting members of the board shall be included in the next rulemaking proceeding initiated new text end 81.36 new text begin by the board. If a proposed rule or rule amendment considered, or reconsidered, by the new text end 82.1 new text begin board receives less than an affirmative majority vote of all of the voting members of the new text end 82.2 new text begin board, the proposed rule or rule amendment shall not be included in the next rulemaking new text end 82.3 new text begin proceeding initiated by the board. new text end 82.4     new text begin (f) The board may reconsider a proposed rule or rule amendment during an new text end 82.5 new text begin active rulemaking proceeding in which the amendment previously failed to receive an new text end 82.6 new text begin affirmative majority vote of all of the voting members of the board only if new or updated new text end 82.7 new text begin information that affects the proposed rule or rule amendment is presented to the board. new text end 82.8 new text begin The board may also reconsider a failed proposed rule or rule amendment in subsequent new text end 82.9 new text begin rulemaking proceedings. new text end 82.10     new text begin Subd. 6a. new text end new text begin Board meetings. new text end new text begin (a) The board shall hold meetings at such times as the new text end 82.11 new text begin board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D new text end 82.12 new text begin and in such a manner as the bylaws may provide. new text end 82.13     new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a new text end 82.14 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 82.15 new text begin conditions are met: new text end 82.16     new text begin (1) all members of the board participating in the meeting, wherever their physical new text end 82.17 new text begin location, can hear one another and can hear all discussion and testimony; new text end 82.18     new text begin (2) members of the public present at the regular meeting location of the board can new text end 82.19 new text begin hear clearly all discussion and testimony and all votes of members of the board and, if new text end 82.20 new text begin needed, receive those services required by sections 15.44 and 15.441; new text end 82.21     new text begin (3) at least one member of the board is physically present at the regular meeting new text end 82.22 new text begin location; and new text end 82.23     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 82.24 new text begin identified and recorded. new text end 82.25     new text begin Each member of the board participating in a meeting by telephone or other electronic new text end 82.26 new text begin means is considered present at the meeting for purposes of determining a quorum and new text end 82.27 new text begin participating in all proceedings. new text end 82.28     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 82.29 new text begin emergency meeting, the board, to the extent practical, shall allow a person to monitor new text end 82.30 new text begin the meeting electronically from a remote location. The board may require the person new text end 82.31 new text begin making such a connection to pay for documented costs that the board incurs as a result of new text end 82.32 new text begin the additional connection. new text end 82.33     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 82.34 new text begin emergency meeting, the board shall provide notice of the regular meeting location, of the new text end 82.35 new text begin fact that some members may participate by telephone or other electronic means, and that a new text end 83.1 new text begin person may monitor the meeting electronically from a remote location. The timing and new text end 83.2 new text begin method of providing notice is governed by section 13D.04. new text end 83.3     new text begin Subd. 8. new text end new text begin Complaints. new text end new text begin (a) The board shall promptly forward to the commissioner new text end 83.4 new text begin the substance of any complaint or communication it receives, whether written or oral, new text end 83.5 new text begin that alleges or implies a violation of a statute, rule, or order that the commissioner has new text end 83.6 new text begin the authority to enforce pertaining to the license or registration of any person authorized new text end 83.7 new text begin by the department to provide plumbing services, the performance or offering to perform new text end 83.8 new text begin plumbing services requiring licensure by an unlicensed person, or Plumbing Code new text end 83.9 new text begin compliance. Each complaint or communication that is forwarded to the commissioner new text end 83.10 new text begin shall be submitted on a form provided by the commissioner. new text end 83.11     new text begin (b) The commissioner shall advise the board of the status of a complaint within 90 new text end 83.12 new text begin days after the board's written submission is received, or within 90 days after the board new text end 83.13 new text begin is provided with a written request for additional information or documentation from the new text end 83.14 new text begin commissioner or the commissioner's designee, whichever is later. The commissioner shall new text end 83.15 new text begin advise the board of the disposition of a complaint referred by the board within 180 days new text end 83.16 new text begin after the board's written submission is received. The commissioner shall annually report to new text end 83.17 new text begin the board a summary of the actions taken in response to complaints referred by the board. new text end 83.18     new text begin Subd. 9. new text end new text begin Data Practices Act. new text end new text begin The board is subject to chapter 13, the Minnesota new text end 83.19 new text begin Government Data Practices Act, and shall protect from unlawful disclosure data classified new text end 83.20 new text begin as not public. new text end 83.21     new text begin Subd. 10. new text end new text begin Official records. new text end new text begin The board shall make and preserve all records necessary new text end 83.22 new text begin to a full and accurate knowledge of its official activities in accordance with section 15.17. new text end 83.23    Sec. 22. Minnesota Statutes 2006, section 326.38, is amended to read: 83.24326.38 LOCAL REGULATIONS. 83.25    Any city having a system of waterworks or sewerage, or any town in which reside 83.26over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 83.27airports commission, may, by ordinance, adopt local regulations providing for plumbing 83.28permits, bonds, approval of plans, and inspections of plumbing, which regulations are 83.29not in conflict with the plumbing standards on the same subject prescribed by the state 83.30commissioner of health new text begin Plumbing Board new text end . No city or such town shall prohibit plumbers 83.31licensed by the state commissioner of health new text begin labor and industry new text end from engaging in or 83.32working at the business, except cities and statutory cities which, prior to April 21, 1933, 83.33by ordinance required the licensing of plumbers. new text begin No city or town may require a license new text end 83.34 new text begin for persons performing building sewer or water service installation who have completed new text end 83.35 new text begin pipe laying training as prescribed by the commissioner of labor and industry. new text end Any city 84.1by ordinance may prescribe regulations, reasonable standards, and inspections and grant 84.2permits to any person, firm, or corporation engaged in the business of installing water 84.3softeners, who is not licensed as a master plumber or journeyman plumber by the state 84.4commissioner of health new text begin labor and industry new text end , to connect water softening and water filtering 84.5equipment to private residence water distribution systems, where provision has been 84.6previously made therefor and openings left for that purpose or by use of cold water 84.7connections to a domestic water heater; where it is not necessary to rearrange, make any 84.8extension or alteration of, or addition to any pipe, fixture or plumbing connected with 84.9the water system except to connect the water softener, and provided the connections so 84.10made comply with minimum standards prescribed by the state commissioner of health new text begin new text end 84.11 new text begin Plumbing Board new text end . 84.12    Sec. 23. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read: 84.13    Subdivision 1. License required; master and journeyman plumbers. In any city 84.14now or hereafter having 5,000 or more population, according to the last federal census, 84.15and having a system of waterworks or sewerage, new text begin (a) new text end No person, firm, or corporation shall 84.16engage in or work at the business of a master plumber or new text begin , restricted master plumber, new text end 84.17journeyman plumber new text begin , and restricted journeyman plumber new text end unless licensed to do so by the 84.18state commissioner of health new text begin labor and industry new text end . new text begin A license is not required for persons new text end 84.19 new text begin performing building sewer or water service installation who have completed pipe laying new text end 84.20 new text begin training as prescribed by the commissioner of labor and industry. new text end A master plumber may 84.21also work as a journeyman plumber new text begin , a restricted journeyman plumber, and a restricted new text end 84.22 new text begin master plumber. A journeyman plumber may also work as a restricted journeyman new text end 84.23 new text begin plumber new text end . Anyone not so licensed may do plumbing work which complies with the 84.24provisions of the minimum standard new text begin standards new text end prescribed by the state commissioner of 84.25health new text begin Plumbing Board new text end on premises or that part of premises owned and actually occupied 84.26by the worker as a residence, unless otherwise forbidden to do so by a local ordinance. 84.27    In any such city new text begin (b) new text end No person, firm, or corporation shall engage in the business of 84.28installing plumbing nor install plumbing in connection with the dealing in and selling 84.29of plumbing material and supplies unless at all times a licensed master plumber, new text begin or in new text end 84.30 new text begin cities and towns with a population of fewer than 5,000 according to the federal census a new text end 84.31 new text begin restricted master plumber, new text end who shall be responsible for proper installation, is in charge 84.32of the plumbing work of the person, firm, or corporation. 84.33    The Department of Health new text begin Plumbing Board new text end shall prescribe rules, not inconsistent 84.34herewith, for the examination and licensing of plumbers. 85.1    Sec. 24. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read: 85.2    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years 85.3of practical plumbing experience is eligible to take the journeyman plumbing examination. 85.4Up to 24 months of practical plumbing experience prior to registration as an apprentice 85.5may be applied to the four-year experience requirement. However, none of this practical 85.6plumbing experience may be applied if the person did not have any practical plumbing 85.7experience in the 12-month period immediately prior to registration. The commissioner new text begin new text end 85.8 new text begin Plumbing Board new text end may adopt rules to evaluate whether the person's past practical plumbing 85.9experience is applicable in preparing for the journeyman's examination. If two years 85.10after completing the training the person has not taken the examination, the four years 85.11of experience shall be forfeited. 85.12    The commissioner may allow an extension of the two-year period for taking the 85.13exam for cases of hardship or other appropriate circumstances. 85.14    Sec. 25. new text begin [326.402] RESTRICTED PLUMBER LICENSE. new text end 85.15     new text begin Subdivision 1. new text end new text begin Licensure. new text end new text begin The commissioner of labor and industry shall grant a new text end 85.16 new text begin restricted journeyman or restricted master plumber license to an individual if: new text end 85.17     new text begin (1) the individual completes an application with information required by the new text end 85.18 new text begin commissioner of labor and industry; new text end 85.19     new text begin (2) the completed application is accompanied by a fee of $30; new text end 85.20     new text begin (3) the commissioner of labor and industry receives the completed application and new text end 85.21 new text begin fee before January 1, 2008; new text end 85.22     new text begin (4) the completed application demonstrates that the applicant has had at least two new text end 85.23 new text begin years for a restricted journeyman plumber license or four years for a restricted master new text end 85.24 new text begin plumber license of practical plumbing experience in the plumbing trade prior to the new text end 85.25 new text begin application; and new text end 85.26     new text begin (5) during the entire time for which the applicant is claiming experience in new text end 85.27 new text begin contracting for plumbing work under clause (4), the applicant was in compliance with all new text end 85.28 new text begin applicable requirements of section 326.40. new text end 85.29     new text begin Subd. 2. new text end new text begin Use of license. new text end new text begin A restricted master plumber and restricted journeyman new text end 85.30 new text begin plumber may engage in the plumbing trade in all areas of the state except in cities and new text end 85.31 new text begin towns with a population of more than 5,000 according to the federal census. new text end 85.32     new text begin Subd. 3. new text end new text begin Application period. new text end new text begin Applications for restricted master plumber and new text end 85.33 new text begin restricted journeyman plumber licenses must be submitted to the commissioner prior new text end 85.34 new text begin to January 1, 2008. new text end 86.1     new text begin Subd. 4. new text end new text begin Renewal; use period for license. new text end new text begin A restricted master plumber and new text end 86.2 new text begin restricted journeyman plumber license must be renewed annually for as long as that new text end 86.3 new text begin licensee engages in the plumbing trade. Failure to renew a restricted master plumber and new text end 86.4 new text begin restricted journeyman plumber license within 12 months after the expiration date will new text end 86.5 new text begin result in permanent forfeiture of the restricted master plumber and restricted journeyman new text end 86.6 new text begin plumber license. new text end 86.7     new text begin Subd. 5. new text end new text begin Prohibition of transference. new text end new text begin A restricted master plumber and restricted new text end 86.8 new text begin journeyman plumber license may not be transferred or sold to any other person. new text end 86.9     new text begin Subd. 6. new text end new text begin Bond; insurance. new text end new text begin A restricted master plumber licensee is subject to the new text end 86.10 new text begin bond and insurance requirements of section 326.40, subdivision 2, unless the exemption new text end 86.11 new text begin provided by section 326.40, subdivision 3, applies. new text end 86.12     new text begin Subd. 7. new text end new text begin Fee. new text end new text begin The annual fee for the restricted master plumber and restricted new text end 86.13 new text begin journeyman plumber licenses is the same fee as for a master or journeyman plumber new text end 86.14 new text begin license, respectively. new text end 86.15    Sec. 26. Minnesota Statutes 2006, section 326.405, is amended to read: 86.16326.405 RECIPROCITY WITH OTHER STATES. 86.17    The commissioner of health may license without examination, upon payment of the 86.18required fee, nonresident applicants who are licensed under the laws of a state having 86.19standards for licensing plumbers which the commissioner determines are substantially 86.20equivalent to the standards of this state if the other state grants similar privileges to 86.21Minnesota residents duly licensed in this state. new text begin The commissioner may enter into new text end 86.22 new text begin reciprocity agreements for personal licenses with another state if approved by the board. new text end 86.23 new text begin Once approved by the board, the commissioner may issue a plumber's license without new text end 86.24 new text begin requiring the applicant to pass an examination provided the applicant: new text end 86.25     new text begin (a) submits an application under section 326.42; new text end 86.26     new text begin (b) pays the fee required under section 326.42; and new text end 86.27     new text begin (c) holds a valid comparable license in the state participating in the agreement. new text end 86.28     new text begin Agreements are subject to the following: new text end 86.29     new text begin (1) The parties to the agreement must administer a statewide licensing program that new text end 86.30 new text begin includes examination and qualifying experience or training comparable to Minnesota's. new text end 86.31     new text begin (2) The experience and training requirements under which an individual applicant new text end 86.32 new text begin qualified for examination in the qualifying state must be deemed equal to or greater than new text end 86.33 new text begin required for an applicant making application in Minnesota at the time the applicant new text end 86.34 new text begin acquired the license in the qualifying state. new text end 87.1     new text begin (3) The applicant must have acquired the license in the qualifying state through an new text end 87.2 new text begin examination deemed equivalent to the same class of license examination in Minnesota. new text end 87.3 new text begin A lesser class of license may be granted where the applicant has acquired a greater new text end 87.4 new text begin class of license in the qualifying state and the applicant otherwise meets the conditions new text end 87.5 new text begin of this subdivision. new text end 87.6     new text begin (4) At the time of application, the applicant must hold a valid license in the new text end 87.7 new text begin qualifying state and have held the license continuously for at least one year before making new text end 87.8 new text begin application in Minnesota. new text end 87.9     new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant new text end 87.10 new text begin has failed the same or greater class of license examination in Minnesota, or if the new text end 87.11 new text begin applicant's license of the same or greater class has been revoked or suspended. new text end 87.12     new text begin (6) An applicant who has failed to renew a plumber's license for two years or more new text end 87.13 new text begin after its expiration is not eligible for a license under this subdivision. new text end 87.14    Sec. 27. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read: 87.15    Subdivision 1. Application. Applications for plumber's license shall be made to the 87.16state commissioner of health new text begin labor and industry new text end , with fee. Unless the applicant is entitled 87.17to a renewal, the applicant shall be licensed by the state commissioner of health new text begin labor and new text end 87.18 new text begin industry new text end only after passing a satisfactory examination new text begin developed and administered new text end by the 87.19examiners new text begin commissioner of labor and industry, based upon rules adopted by the Plumbing new text end 87.20 new text begin Board new text end showing fitness. Examination fees for both journeyman and master plumbers 87.21shall be in an amount prescribed by the state commissioner of health new text begin labor and industry new text end 87.22pursuant to section 144.122. Upon being notified that of having successfully passed 87.23the examination for original license the applicant shall submit an application, with the 87.24license fee herein provided. License fees shall be in an amount prescribed by the state 87.25commissioner of health new text begin labor and industry new text end pursuant to section 144.122. Licenses shall 87.26expire and be renewed as prescribed by the commissioner pursuant to section 144.122. 87.27    Sec. 28. new text begin [326B.04] DEPOSIT OF MONEY. new text end 87.28     new text begin Subdivision 1. new text end new text begin Construction code fund. new text end new text begin There is created in the state treasury new text end 87.29 new text begin a construction code fund as a special revenue fund for the purpose of administering this new text end 87.30 new text begin chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those new text end 87.31 new text begin sections, except penalties, is credited to the construction code fund unless otherwise new text end 87.32 new text begin specifically designated by law. Any interest or profit accruing from investment of these new text end 87.33 new text begin sums is credited to the construction code fund. All money collected in the construction new text end 88.1 new text begin code fund is appropriated to the commissioner of labor and industry to administer and new text end 88.2 new text begin enforce the provisions of the laws identified in this section. new text end 88.3     new text begin Unless otherwise provided by law, all penalties assessed under this chapter, section new text end 88.4 new text begin 327.35, and chapter 327B are credited to the assigned risk safety account established new text end 88.5 new text begin by section 79.253. new text end 88.6     new text begin Subd. 2. new text end new text begin Deposits. new text end new text begin All remaining balances as of June 30, 2007, in the state new text end 88.7 new text begin government special revenue fund and special revenue fund accounts maintained for new text end 88.8 new text begin the Building Codes and Standards Division, Board of Electricity, and plumbing and new text end 88.9 new text begin engineering unit are transferred to the construction code fund. Unless otherwise new text end 88.10 new text begin specifically designated by law: (1) all money collected under chapter 183 and sections new text end 88.11 new text begin 16B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to new text end 88.12 new text begin 326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to new text end 88.13 new text begin 327B.12, except penalties, is credited to the construction code fund; (2) all fees collected new text end 88.14 new text begin under section 45.23 in connection with continuing education for residential contractors, new text end 88.15 new text begin residential remodelers, and residential roofers are credited to the construction code fund; new text end 88.16 new text begin and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all new text end 88.17 new text begin penalties assessed under sections 144.99 to 144.993 in connection with any violation of new text end 88.18 new text begin sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections new text end 88.19 new text begin are credited to the assigned risk safety account established by section 79.253. new text end 88.20    Sec. 29. new text begin [326B.89] CONTRACTOR RECOVERY FUND. new text end 88.21     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the following terms new text end 88.22 new text begin have the meanings given them. new text end 88.23     new text begin (b) "Gross annual receipts" means the total amount derived from residential new text end 88.24 new text begin contracting or residential remodeling activities, regardless of where the activities are new text end 88.25 new text begin performed, and must not be reduced by costs of goods sold, expenses, losses, or any new text end 88.26 new text begin other amount. new text end 88.27     new text begin (c) "Licensee" means a person licensed as a residential contractor or residential new text end 88.28 new text begin remodeler. new text end 88.29     new text begin (d) "Residential real estate" means a new or existing building constructed for new text end 88.30 new text begin habitation by one to four families, and includes detached garages. new text end 88.31     new text begin (e) "Fund" means the contractor recovery fund. new text end 88.32     new text begin Subd. 2. new text end new text begin Generally. new text end new text begin The contractor recovery fund is created in the state treasury new text end 88.33 new text begin and shall be administered by the commissioner for the purposes described in this section. new text end 88.34 new text begin Any interest or profit accruing from investment of money in the fund shall be credited new text end 88.35 new text begin to the contractor recovery fund. new text end 89.1     new text begin Subd. 3. new text end new text begin Fund fees. new text end new text begin In addition to any other fees, a person who applies for or new text end 89.2 new text begin renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person new text end 89.3 new text begin shall pay, in addition to the appropriate application or renewal fee, the following additional new text end 89.4 new text begin fee that shall be deposited in the fund. The amount of the fee shall be based on the person's new text end 89.5 new text begin gross annual receipts for the person's most recent fiscal year preceding the application or new text end 89.6 new text begin renewal, on the following scale: new text end 89.7 new text begin Fee new text end new text begin Gross Annual Receipts new text end 89.8 new text begin $160 new text end new text begin under $1,000,000 new text end 89.9 new text begin $210 new text end new text begin $1,000,000 to $5,000,000 new text end 89.10 new text begin $260 new text end new text begin over $5,000,000 new text end 89.11     new text begin Subd. 4. new text end new text begin Purpose of fund. new text end new text begin The purpose of this fund is to: new text end 89.12     new text begin (1) compensate owners or lessees of residential real estate who meet the requirements new text end 89.13 new text begin of this section; new text end 89.14     new text begin (2) reimburse the department for all legal and administrative expenses, new text end 89.15 new text begin disbursements, and costs, including staffing costs, incurred in administering and defending new text end 89.16 new text begin the fund; new text end 89.17     new text begin (3) pay for educational or research projects in the field of residential contracting to new text end 89.18 new text begin further the purposes of sections 326B.801 to 326B.825; and new text end 89.19     new text begin (4) provide information to the public on residential contracting issues. new text end 89.20     new text begin Subd. 5. new text end new text begin Payment limitations. new text end new text begin Except as otherwise provided in this section, new text end 89.21 new text begin the commissioner shall not pay compensation from the fund to an owner or a lessee new text end 89.22 new text begin in an amount greater than $75,000. Except as otherwise provided in this section, the new text end 89.23 new text begin commissioner shall not pay compensation from the fund to owners and lessees in an new text end 89.24 new text begin amount that totals more than $150,000 per licensee. The commissioner shall not pay new text end 89.25 new text begin compensation from the fund for a final judgment based on a cause of action that arose new text end 89.26 new text begin before the commissioner's receipt of the licensee's fee required by subdivision 3. new text end 89.27     new text begin Subd. 6. new text end new text begin Verified application. new text end new text begin To be eligible for compensation from the fund, an new text end 89.28 new text begin owner or lessee shall serve on the commissioner a verified application for compensation new text end 89.29 new text begin on a form approved by the commissioner. The application shall verify the following new text end 89.30 new text begin information: new text end 89.31     new text begin (1) the specific grounds upon which the owner or lessee seeks to recover from new text end 89.32 new text begin the fund: new text end 89.33     new text begin (2) that the owner or the lessee has obtained a final judgment in a court of competent new text end 89.34 new text begin jurisdiction against a licensee licensed under section 326B.803; new text end 89.35     new text begin (3) that the final judgment was obtained against the licensee on the grounds of new text end 89.36 new text begin fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance new text end 90.1 new text begin that arose directly out of a transaction that occurred when the licensee was licensed and new text end 90.2 new text begin performing any of the special skills enumerated under section 326B.802, subdivision 19; new text end 90.3     new text begin (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on new text end 90.4 new text begin the owner's residential real estate, on residential real estate leased by the lessee, or on new new text end 90.5 new text begin residential real estate that has never been occupied or that was occupied by the licensee new text end 90.6 new text begin for less than one year prior to purchase by the owner; new text end 90.7     new text begin (5) that the residential real estate is located in Minnesota; new text end 90.8     new text begin (6) that the owner or the lessee is not the spouse of the licensee or the personal new text end 90.9 new text begin representative of the licensee; new text end 90.10     new text begin (7) the amount of the final judgment, any amount paid in satisfaction of the final new text end 90.11 new text begin judgment, and the amount owing on the final judgment as of the date of the verified new text end 90.12 new text begin application; and new text end 90.13     new text begin (8) that the verified application is being served within two years after the judgment new text end 90.14 new text begin became final. new text end 90.15     new text begin The owner's and the lessee's actual and direct out-of-pocket loss shall not include new text end 90.16 new text begin attorney fees, interest on the loss, and interest on the final judgment obtained as a result of new text end 90.17 new text begin the loss. An owner or lessee may serve a verified application regardless of whether the new text end 90.18 new text begin final judgment has been discharged by a bankruptcy court. A judgment issued by a court is new text end 90.19 new text begin final if all proceedings on the judgment have either been pursued and concluded or been new text end 90.20 new text begin forgone, including all reviews and appeals. For purposes of this section, owners who are new text end 90.21 new text begin joint tenants or tenants in common are deemed to be a single owner. For purposes of this new text end 90.22 new text begin section, owners and lessees eligible for payment of compensation from the fund shall not new text end 90.23 new text begin include government agencies, political subdivisions, financial institutions, and any other new text end 90.24 new text begin entity that purchases, guarantees, or insures a loan secured by real estate. new text end 90.25     new text begin Subd. 7. new text end new text begin Commissioner review. new text end new text begin The commissioner shall within 120 days after new text end 90.26 new text begin receipt of the verified application: new text end 90.27     new text begin (1) enter into an agreement with an owner or a lessee that resolves the verified new text end 90.28 new text begin application for compensation from the fund; or new text end 90.29     new text begin (2) issue an order to the owner or the lessee accepting, modifying, or denying the new text end 90.30 new text begin verified application for compensation from the fund. new text end 90.31     new text begin Upon receipt of an order issued under clause (2), the owner or the lessee shall have new text end 90.32 new text begin 30 days to serve upon the commissioner a written request for a hearing. If the owner or new text end 90.33 new text begin the lessee does not serve upon the commissioner a timely written request for hearing, the new text end 90.34 new text begin order issued under clause (2) shall become a final order of the commissioner that may not new text end 90.35 new text begin be reviewed by any court or agency. The commissioner shall order compensation from new text end 90.36 new text begin the fund only if the owner or the lessee has filed a verified application that complies with new text end 91.1 new text begin subdivision 6 and if the commissioner determines based on review of the application that new text end 91.2 new text begin compensation should be paid from the fund. The commissioner shall not be bound by any new text end 91.3 new text begin prior settlement, compromise, or stipulation between the owner or the lessee and the new text end 91.4 new text begin licensee. new text end 91.5     new text begin Subd. 8. new text end new text begin Administrative hearing. new text end new text begin If an owner or a lessee timely serves a request new text end 91.6 new text begin for hearing under subdivision 7, the commissioner shall request that an administrative law new text end 91.7 new text begin judge be assigned and that a hearing be conducted under the contested case provisions new text end 91.8 new text begin of chapter 14 within 30 days after the service of the request for hearing upon the new text end 91.9 new text begin commissioner. Upon petition of the commissioner, the administrative law judge shall new text end 91.10 new text begin continue the hearing up to 60 days and upon a showing of good cause may continue the new text end 91.11 new text begin hearing for such additional period as the administrative law judge deems appropriate. new text end 91.12 new text begin At the hearing the owner or the lessee shall have the burden of proving by substantial new text end 91.13 new text begin evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue new text end 91.14 new text begin findings of fact, conclusions of law, and order. If the administrative law judge finds that new text end 91.15 new text begin compensation should be paid to the owner or the lessee, the administrative law judge new text end 91.16 new text begin shall order the commissioner to make payment from the fund of the amount it finds to be new text end 91.17 new text begin payable pursuant to the provisions of and in accordance with the limitations contained in new text end 91.18 new text begin this section. The order of the administrative law judge shall constitute the final decision of new text end 91.19 new text begin the agency in the contested case. Judicial review of the administrative law judge's findings new text end 91.20 new text begin of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69. new text end 91.21     new text begin Subd. 9. new text end new text begin Satisfaction of applications for compensation. new text end new text begin The commissioner shall new text end 91.22 new text begin pay compensation from the fund to an owner or a lessee pursuant to the terms of an new text end 91.23 new text begin agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final new text end 91.24 new text begin order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 new text end 91.25 new text begin of the fiscal year following the fiscal year during which the agreement was entered into or new text end 91.26 new text begin during which the order became final, subject to the limitations of this section. At the end new text end 91.27 new text begin of each fiscal year the commissioner shall calculate the amount of compensation to be new text end 91.28 new text begin paid from the fund pursuant to agreements that have been entered into under subdivision new text end 91.29 new text begin 7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or new text end 91.30 new text begin subdivision 8. If the calculated amount exceeds the amount available for payment, then new text end 91.31 new text begin the commissioner shall allocate the amount available among the owners and the lessees new text end 91.32 new text begin in the ratio that the amount agreed to or ordered to be paid to each owner or lessee new text end 91.33 new text begin bears to the amount calculated. The commissioner shall mail notice of the allocation to new text end 91.34 new text begin all owners and lessees not less than 45 days following the end of the fiscal year. Any new text end 91.35 new text begin compensation paid by the commissioner in accordance with this subdivision shall be new text end 92.1 new text begin deemed to satisfy and extinguish any right to compensation from the fund based upon the new text end 92.2 new text begin verified application of the owner or lessee. new text end 92.3     new text begin Subd. 10. new text end new text begin Right of subrogation. new text end new text begin If the commissioner pays compensation from the new text end 92.4 new text begin fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a new text end 92.5 new text begin final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner new text end 92.6 new text begin shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final new text end 92.7 new text begin judgment in the amount of compensation paid from the fund and the owner or the lessee new text end 92.8 new text begin shall assign to the commissioner all rights, title, and interest in the final judgment in new text end 92.9 new text begin the amount of compensation paid. The commissioner shall deposit in the fund money new text end 92.10 new text begin recovered under this subdivision. new text end 92.11     new text begin Subd. 11. new text end new text begin Effect of section on commissioner's authority. new text end new text begin Nothing contained new text end 92.12 new text begin in this section shall limit the authority of the commissioner to take disciplinary action new text end 92.13 new text begin against a licensee under the provisions of this chapter. A licensee's repayment in full of new text end 92.14 new text begin obligations to the fund shall not nullify or modify the effect of any other disciplinary new text end 92.15 new text begin proceeding brought under the provisions of this chapter. new text end 92.16     new text begin Subd. 12. new text end new text begin Limitation. new text end new text begin Nothing may obligate the fund to compensate: new text end 92.17     new text begin (1) insurers or sureties under subrogation or similar theories; or new text end 92.18     new text begin (2) owner of residential property for final judgments against a prior owner of the new text end 92.19 new text begin residential property unless the claim is brought and judgment is rendered for breach of the new text end 92.20 new text begin statutory warranty set forth in chapter 327A. new text end 92.21     new text begin Subd. 13. new text end new text begin Condominiums or townhouses. new text end new text begin For purposes of this section, the owner new text end 92.22 new text begin or the lessee of a condominium or townhouse is considered an owner or a lessee of new text end 92.23 new text begin residential property regardless of the number of residential units per building. new text end 92.24     new text begin Subd. 14. new text end new text begin Accelerated compensation. new text end new text begin (a) Payments made from the fund to new text end 92.25 new text begin compensate owners and lessees that do not exceed the jurisdiction limits for conciliation new text end 92.26 new text begin court matters as specified in section 491A.01 may be paid on an accelerated basis if all of new text end 92.27 new text begin the requirements in paragraphs (b) and (c) have been satisfied. new text end 92.28     new text begin (b) The owner or the lessee has served upon the commissioner a verified application new text end 92.29 new text begin for compensation that complies with the requirements set out in subdivision 6 and the new text end 92.30 new text begin commissioner determines based on review of the application that compensation should be new text end 92.31 new text begin paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket new text end 92.32 new text begin loss in the transaction, minus attorney fees, interest on the loss and on the judgment new text end 92.33 new text begin obtained as a result of the loss, and any satisfaction of the judgment, and make payment new text end 92.34 new text begin to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days new text end 92.35 new text begin after the owner or lessee serves the verified application. new text end 93.1     new text begin (c) The commissioner may pay compensation to owners or lessees that totals not new text end 93.2 new text begin more than $50,000 per licensee per fiscal year under this accelerated process. The new text end 93.3 new text begin commissioner may prorate the amount of compensation paid to owners or lessees under new text end 93.4 new text begin this subdivision if applications submitted by owners and lessees seek compensation in new text end 93.5 new text begin excess of $50,000 against a licensee. Any unpaid portion of a verified application that new text end 93.6 new text begin has been prorated under this subdivision shall be satisfied in the manner set forth in new text end 93.7 new text begin subdivision 9. new text end 93.8     new text begin Subd. 15. new text end new text begin Appropriation. new text end new text begin Money in the fund is appropriated to the commissioner new text end 93.9 new text begin for the purposes of this section. new text end 93.10     new text begin Subd. 16. new text end new text begin Additional assessment. new text end new text begin If the balance in the fund is at any time less than new text end 93.11 new text begin the commissioner determines is necessary to carry out the purposes of this section, every new text end 93.12 new text begin licensee, when renewing a license, shall pay, in addition to the annual renewal fee and new text end 93.13 new text begin the fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner new text end 93.14 new text begin shall set the amount of assessment based on a reasonable determination of the amount new text end 93.15 new text begin that is necessary to restore a balance in the fund that is adequate to carry out the purposes new text end 93.16 new text begin of this section. new text end 93.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that new text end 93.18 new text begin subdivisions 1, 3, and 15 are effective July 1, 2007. new text end 93.19    Sec. 30. Minnesota Statutes 2006, section 341.21, is amended by adding a subdivision 93.20to read: 93.21     new text begin Subd. 8. new text end new text begin Mixed martial arts. new text end new text begin "Mixed martial arts" means any combination of new text end 93.22 new text begin boxing, kick boxing, wrestling, grappling, or other recognized martial arts. new text end 93.23    Sec. 31. Minnesota Statutes 2006, section 341.22, is amended to read: 93.24341.22 BOXING COMMISSION. 93.25    There is hereby created the Minnesota Boxing Commission consisting of five new text begin nine new text end 93.26members who are citizens of this state. The members must be appointed by the governor. 93.27One member of the commission must be a retired judge of the Minnesota district court, 93.28Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court 93.29for the District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three 93.30members must have knowledge of the boxing industry. new text begin At least four members must have new text end 93.31 new text begin knowledge of the mixed martial arts industry. new text end The governor shall make serious efforts to 93.32appoint qualified women to serve on the commission. Membership terms, compensation 93.33of members, removal of members, the filling of membership vacancies, and fiscal year and 94.1reporting requirements must be as provided in sections 214.07 to 214.09. The provision of 94.2staff, administrative services, and office space; the review and processing of complaints; 94.3the setting of fees; and other provisions relating to commission operations must be as 94.4provided in chapter 214. The purpose of the commission is to protect health, promote 94.5safety, and ensure fair events. 94.6    Sec. 32. Minnesota Statutes 2006, section 341.25, is amended to read: 94.7341.25 RULES. 94.8    (a) The commission may adopt rules that include standards for the physical 94.9examination and condition of boxers and referees. 94.10    (b) The commission may adopt other rules necessary to carry out the purposes of 94.11this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and 94.12fights, and their manner, supervision, time, and place. 94.13     new text begin (c) The commission must adopt unified rules for mixed martial arts. new text end 94.14    Sec. 33. Minnesota Statutes 2006, section 341.27, is amended to read: 94.15341.27 COMMISSION DUTIES. 94.16    The commission shall: 94.17    (1) issue, deny, renew, suspend, or revoke licenses; 94.18    (2) make and maintain records of its acts and proceedings including the issuance, 94.19denial, renewal, suspension, or revocation of licenses; 94.20    (3) keep public records of the commission open to inspection at all reasonable times; 94.21    (4) assist the director in the development of rules to be implemented under this 94.22chapter; and 94.23    (5) conform to the rules adopted under this chapter new text begin ; and new text end 94.24     new text begin (6) develop policies and procedures for regulating mixed martial arts new text end . 94.25    Sec. 34. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read: 94.26    Subd. 2. Regulatory authority; tough person contests. All tough person contests, 94.27including amateur tough person contests, are subject to this chapter. new text begin All tough person new text end 94.28 new text begin contests are subject to American Boxing Commission (ABC) rules. Every contestant new text end 94.29 new text begin in a tough person contest shall have a physical examination prior to their bouts. new text end Every 94.30contestant in a tough person contest shall wear padded gloves that weigh at least 12 94.31ounces. new text begin All tough person bouts are limited to two-minute rounds and a maximum of four new text end 94.32 new text begin total rounds. Officials at tough person bouts shall be licensed under this chapter. new text end 95.1    Sec. 35. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision 95.2to read: 95.3     new text begin Subd. 3. new text end new text begin Regulatory authority; similar sporting events. new text end new text begin All mixed martial arts, new text end 95.4 new text begin ultimate fight contests, and similar sporting events are subject to this chapter. new text end 95.5    Sec. 36. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read: 95.6    Subd. 2. Expiration and renewal. A license expires December 31 at midnight in 95.7the year of its issuance new text begin issued after the effective date of this act is valid for one year from new text end 95.8 new text begin the date it is issued new text end and may be renewed by filing an application for renewal with the 95.9commission and payment of the license fee. An application for a license and renewal of a 95.10license must be on a form provided by the commission. There is a 30-day grace period 95.11during which a license may be renewed if a late filing penalty fee equal to the license fee 95.12is submitted with the regular license fee. A licensee that files late shall not conduct any 95.13activity regulated by this chapter until the commission has renewed the license. If the 95.14licensee fails to apply to the commission within the 30-day grace period, the licensee must 95.15apply for a new license under subdivision 1. 95.16    Sec. 37. Minnesota Statutes 2006, section 341.321, is amended to read: 95.17341.321 FEE SCHEDULE. 95.18     new text begin (a) new text end The fee schedule for licenses issued by the Minnesota Boxing Commission 95.19is as follows: 95.20    (1) referees, $35 new text begin $45 new text end for each initial license and each renewal; 95.21    (2) promoters, $400 for each initial license and each renewal; 95.22    (3) judges new text begin and knockdown judges new text end , $25 new text begin $45 new text end for each initial license and each renewal; 95.23    (4) trainers, $35 new text begin $45 new text end for each initial license and each renewal; 95.24    (5) ring announcers, $25 new text begin $45 new text end for each initial license and each renewal; 95.25    (6) boxers' seconds, $25 new text begin $45 new text end for each initial license and each renewal; 95.26    (7) timekeepers, $25 new text begin $45 new text end for each initial license and each renewal; and 95.27    (8) boxers, $35 new text begin $45 new text end for each initial license and each renewal. new text begin ; new text end 95.28     new text begin (9) managers, $45 for each initial license and each renewal; and new text end 95.29     new text begin (10) ringside physicians, $45 for each initial license and each renewal. new text end 95.30     new text begin (b) The commission shall establish and assess an event fee for each sporting event. new text end 95.31 new text begin The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as new text end 95.32 new text begin determined by the commission when the sporting event is scheduled. new text end 95.33     new text begin (c) new text end All fees collected by the Minnesota Boxing Commission must be deposited in 95.34the Boxing Commission account in the special revenue fund. 96.1    Sec. 38. Minnesota Statutes 2006, section 471.471, subdivision 4, is amended to read: 96.2    Subd. 4. Application process. A person seeking a waiver shall apply to the 96.3Building Code and Standards Division of the Department of Administration new text begin Labor and new text end 96.4 new text begin Industry new text end on a form prescribed by the board and pay a $70 fee new text begin to the construction code new text end 96.5 new text begin fund new text end . The division shall review the application to determine whether it appears to be 96.6meritorious, using the standards set out in subdivision 3. The division shall forward 96.7applications it considers meritorious to the board, along with a list and summary of 96.8applications considered not to be meritorious. The board may require the division to 96.9forward to it an application the division has considered not to be meritorious. The board 96.10shall issue a decision on an application within 90 days of its receipt. A board decision 96.11to approve an application must be unanimous. An application that contains false or 96.12misleading information must be rejected. 96.13    Sec. 39. new text begin WHISTLE-BLOWER PROTECTION ADMINISTRATIVE new text end 96.14 new text begin PROCEDURES. new text end 96.15     new text begin By January 15, 2008, the commissioner of labor and industry shall report to the new text end 96.16 new text begin legislature its recommendations for implementing an administrative review procedure to new text end 96.17 new text begin address whistle-blower protection complaints under section 181.932. new text end 96.18    Sec. 40. new text begin TRANSFER OF AUTHORITY; PLUMBING BOARD. new text end 96.19     new text begin The commissioner of administration may not use the authority under Minnesota new text end 96.20 new text begin Statutes, section 16B.37, to modify the transfers of authority in this act. new text end 96.21    Sec. 41. new text begin FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD. new text end 96.22     new text begin The governor must complete the appointments required by Minnesota Statutes, new text end 96.23 new text begin section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall new text end 96.24 new text begin convene the first meeting of the Plumbing Board no later than September 1, 2007. new text end 96.25    Sec. 42. new text begin REPEALER. new text end 96.26 new text begin Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, new text end new text begin are new text end 96.27 new text begin repealed. new text end 96.28 new text begin EFFECTIVE DATE. new text end new text begin Sections 176.042 and 286.035, subdivision 9, are repealed new text end 96.29 new text begin effective January 1, 2009. new text end 97.1ARTICLE 4 97.2HIGH PRESSURE PIPING 97.3    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read: 97.4326.46 SUPERVISION OF new text begin DEPARTMENT TO SUPERVISE new text end HIGH 97.5PRESSURE PIPING. 97.6    The department of Labor and Industry shall supervise all high pressure piping used 97.7on all projects in this state, and may prescribe minimum standards which shall be uniform. 97.8    The department shall employ inspectors and other assistants to carry out the 97.9provisions of sections 326.46 to 326.52. 97.10    Sec. 2. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read: 97.11    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance, 97.12provide for the inspection of high pressure piping system materials and construction, and 97.13provide that it shall not be constructed or installed except in accordance with minimum 97.14state standards. The authority designated by the ordinance for issuing high pressure piping 97.15permits and assuring compliance with state standards must report to the Department of 97.16Labor and Industry all violations of state high pressure piping standards. 97.17    A municipality may not adopt an ordinance with high pressure piping standards that 97.18does not conform to the uniform standards prescribed by the Department of Labor and 97.19Industry new text begin board new text end . The Department of Labor and Industry new text begin board new text end shall specify by rule the 97.20minimum qualifications for municipal inspectors. 97.21    Sec. 3. new text begin [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS. new text end 97.22     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Board of High Pressure Piping Systems shall new text end 97.23 new text begin consist of 12 members. Eleven members shall be appointed by the governor with the new text end 97.24 new text begin advice and consent of the senate and shall be voting members. Appointments of members new text end 97.25 new text begin by the governor shall be made in accordance with section 15.066. If the senate votes to new text end 97.26 new text begin refuse to consent to an appointment of a member made by the governor, the governor shall new text end 97.27 new text begin appoint a new member with the advice and consent of the senate. One member shall be new text end 97.28 new text begin the commissioner of labor and industry or the commissioner's designee, who shall be a new text end 97.29 new text begin voting member. Of the 11 appointed members, the composition shall be as follows: new text end 97.30     new text begin (1) one member shall be a high pressure piping inspector; new text end 97.31     new text begin (2) one member shall be a licensed professional mechanical engineer; new text end 97.32     new text begin (3) one member shall be a representative of the high pressure piping industry; new text end 98.1     new text begin (4) four members shall be high pressure piping contractors engaged in the scope of new text end 98.2 new text begin high pressure piping, two from the metropolitan area and two from greater Minnesota; new text end 98.3     new text begin (5) two members shall be high pressure piping journeymen engaged in the scope new text end 98.4 new text begin of high pressure piping systems installation, one from the metropolitan area and one new text end 98.5 new text begin from greater Minnesota; and new text end 98.6     new text begin (6) two members shall be representatives of industrial companies which use high new text end 98.7 new text begin pressure piping systems in their industrial processes. new text end 98.8     new text begin (b) The high pressure piping inspector shall be appointed for a term to end December new text end 98.9 new text begin 31, 2011. The professional mechanical engineer shall be appointed for a term to end new text end 98.10 new text begin December 31, 2010. The representative of the high pressure piping industry shall be new text end 98.11 new text begin appointed for a term to end December 31, 2011. Two of the high pressure piping new text end 98.12 new text begin contractors shall be appointed for a term to end December 31, 2011, and two high pressure new text end 98.13 new text begin piping contractors shall be appointed for a term to end December 31, 2010. One of the new text end 98.14 new text begin high pressure piping journeymen shall be appointed for a term to end December 31, 2011, new text end 98.15 new text begin and one high pressure piping journeyman shall be appointed for a term to end December new text end 98.16 new text begin 31, 2010. The two representatives of industrial companies that use high pressure piping new text end 98.17 new text begin systems in their industrial process shall be appointed for a term to end December 31, 2010. new text end 98.18     new text begin (c) The licensed professional mechanical engineer must possess a current Minnesota new text end 98.19 new text begin professional engineering license and maintain the license for the duration of the term new text end 98.20 new text begin served on the board. All other appointed members, except for the representative of the new text end 98.21 new text begin piping industry and the representatives of industrial companies that use high pressure new text end 98.22 new text begin piping systems in their industrial processes must possess a current high pressure piping new text end 98.23 new text begin license issued by the Department of Labor and Industry and maintain that license for the new text end 98.24 new text begin duration of their terms. All appointed members must be residents of Minnesota at the time new text end 98.25 new text begin of and throughout their terms. The term of any appointed member who does not maintain new text end 98.26 new text begin membership qualification status shall end on the date of status change and the governor new text end 98.27 new text begin shall appoint a replacement member. It is the responsibility of the member to notify the new text end 98.28 new text begin board of a change in the member's status. new text end 98.29     new text begin (d) For appointed members, except for the initial terms designated in paragraph (a), new text end 98.30 new text begin each term shall be three years with the terms ending on the first Monday in January. new text end 98.31 new text begin Members appointed by the governor shall be limited to three consecutive terms. The new text end 98.32 new text begin governor shall, all or in part, reappoint the current members or appoint replacement new text end 98.33 new text begin members with the advice and consent of the senate. Midterm vacancies shall be filled for new text end 98.34 new text begin the remaining portion of the term. Vacancies occurring with less than six months time new text end 98.35 new text begin remaining in the term shall be filled for the existing term and the following three-year new text end 99.1 new text begin term. Members may serve until their successors are appointed but in no case later than new text end 99.2 new text begin July 1 in a year in which the term expires unless reappointed. new text end 99.3     new text begin Subd. 2. new text end new text begin Powers; duties; administrative support. new text end new text begin (a) The board shall have the new text end 99.4 new text begin power to: new text end 99.5     new text begin (1) elect its chair, vice-chair, and secretary; new text end 99.6     new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the new text end 99.7 new text begin board, and contain such other provisions as may be useful and necessary for the efficient new text end 99.8 new text begin conduct of the business of the board; new text end 99.9     new text begin (3) adopt the High Pressure Piping Code that must be followed in this state and any new text end 99.10 new text begin High Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in new text end 99.11 new text begin subdivision 6, paragraphs (b), (c), and (d); new text end 99.12     new text begin (4) review requests for final interpretations and issue final interpretations as provided new text end 99.13 new text begin in section 16B.63, subdivision 5; new text end 99.14     new text begin (5) adopt rules that regulate the licensure or registration of high pressure piping new text end 99.15 new text begin contractors, journeymen, and other persons engaged in the design, installation, and new text end 99.16 new text begin alteration of high pressure piping systems, except for those individuals licensed under new text end 99.17 new text begin section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter new text end 99.18 new text begin 14 and as provided in subdivision 6, paragraph (e); new text end 99.19     new text begin (6) adopt rules that regulate continuing education for individuals licensed or new text end 99.20 new text begin registered as high pressure piping contractors, journeymen, or other persons engaged in new text end 99.21 new text begin the design, installation, and alteration of high pressure piping systems. The board shall new text end 99.22 new text begin adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraph (e); new text end 99.23     new text begin (7) advise the commissioner regarding educational requirements for high pressure new text end 99.24 new text begin piping inspectors; new text end 99.25     new text begin (8) refer complaints or other communications, whether orally or in writing, that new text end 99.26 new text begin allege or imply a violation of a statute, rule, or order that the commissioner has the new text end 99.27 new text begin authority to enforce pertaining to code compliance, licensure, or an offering to perform new text end 99.28 new text begin or performance of unlicensed high pressure piping services to the commissioner under new text end 99.29 new text begin subdivision 8; new text end 99.30     new text begin (9) approve per diem and expenses deemed necessary for its members as provided in new text end 99.31 new text begin subdivision 3; new text end 99.32     new text begin (10) select from its members individuals to serve on any other state advisory council, new text end 99.33 new text begin board, or committee; and new text end 99.34     new text begin (11) recommend the fees for licenses and certifications. new text end 100.1     new text begin Except for the powers granted to the Board of High Pressure Piping Systems, the new text end 100.2 new text begin commissioner of labor and industry shall administer and enforce the provisions of sections new text end 100.3 new text begin 326.46 to 326.521 and any rules promulgated pursuant thereto. new text end 100.4     new text begin (b) The board shall comply with section 15.0597, subdivisions 2 and 4. new text end 100.5     new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations new text end 100.6 new text begin with the recommendations and rulemaking conducted by the other boards. The new text end 100.7 new text begin commissioner shall provide staff support to the board. The support includes professional, new text end 100.8 new text begin legal, technical, and clerical staff necessary to perform rulemaking and other duties new text end 100.9 new text begin assigned to the board. The commissioner of labor and industry shall supply necessary new text end 100.10 new text begin office space and supplies to assist the board in its duties. new text end 100.11     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin (a) Members of the board may be compensated at the rate new text end 100.12 new text begin of $55 per day spent on board activities, when authorized by the board, plus expenses in new text end 100.13 new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end 100.14 new text begin section 43A.18, subdivision 2. Members who, as a result of time spent attending board new text end 100.15 new text begin meetings, incur child care expenses that would not otherwise have been incurred, may be new text end 100.16 new text begin reimbursed for those expenses upon board authorization. new text end 100.17     new text begin (b) Members who are state employees or employees of political subdivisions of new text end 100.18 new text begin the state must not receive the daily payment for activities that occur during working new text end 100.19 new text begin hours for which they are compensated by the state or political subdivision. However, a new text end 100.20 new text begin state or political subdivision employee may receive the daily payment if the employee new text end 100.21 new text begin uses vacation time or compensatory time accumulated in accordance with a collective new text end 100.22 new text begin bargaining agreement or compensation plan for board activities. Members who are state new text end 100.23 new text begin employees or employees of the political subdivisions of the state may receive the expenses new text end 100.24 new text begin provided for in this subdivision unless the expenses are reimbursed by another source. new text end 100.25 new text begin Members who are state employees or employees of political subdivisions of the state new text end 100.26 new text begin may be reimbursed for child care expenses only for time spent on board activities that new text end 100.27 new text begin are outside their working hours. new text end 100.28     new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent new text end 100.29 new text begin on board activities for purposes of making daily payments under this subdivision. new text end 100.30     new text begin Subd. 4. new text end new text begin Removal; vacancies. new text end new text begin (a) An appointed member of the board may be new text end 100.31 new text begin removed by the governor at any time (1) for cause, after notice and hearing, or (2) after new text end 100.32 new text begin missing three consecutive meetings. The chair of the board shall inform the governor of new text end 100.33 new text begin an appointed member missing three consecutive meetings. After the second consecutive new text end 100.34 new text begin missed meeting and before the next meeting, the secretary of the board shall notify the new text end 100.35 new text begin appointed member in writing that the member may be removed for missing the next new text end 100.36 new text begin meeting. In the case of a vacancy on the board, the governor shall, with the advice new text end 101.1 new text begin and consent of the senate, appoint a person to fill the vacancy for the remainder of the new text end 101.2 new text begin unexpired term. new text end 101.3     new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6. new text end 101.4     new text begin Subd. 5. new text end new text begin Membership vacancies within three months of appointment. new text end 101.5     new text begin Notwithstanding any law to the contrary, when a seat on the board becomes vacant within new text end 101.6 new text begin three months after being filled through the appointment process, the governor may, new text end 101.7 new text begin upon notification to the Office of the Secretary of State, choose a new member from the new text end 101.8 new text begin applications on hand and need not repeat the process. new text end 101.9     new text begin Subd. 6. new text end new text begin Officers, quorum, voting. new text end new text begin (a) The board shall elect annually from its new text end 101.10 new text begin members a chair, vice-chair, and secretary. A quorum of the board shall consist of a new text end 101.11 new text begin majority of members of the board qualified to vote on the matter in question. All questions new text end 101.12 new text begin concerning the manner in which a meeting is conducted or called that are not covered new text end 101.13 new text begin by statute shall be determined by Robert's Rules of Order (revised) unless otherwise new text end 101.14 new text begin specified by the bylaws. new text end 101.15     new text begin (b) Except as provided in paragraph (c), each High Pressure Piping Code amendment new text end 101.16 new text begin considered by the board that receives an affirmative two-thirds or more majority vote new text end 101.17 new text begin of all of the voting members of the board shall be included in the next High Pressure new text end 101.18 new text begin Piping Code rulemaking proceeding initiated by the board. If a High Pressure Piping Code new text end 101.19 new text begin amendment considered, or reconsidered, by the board receives less than a two-thirds new text end 101.20 new text begin majority vote of all of the voting members of the board, the High Pressure Piping Code new text end 101.21 new text begin amendment shall not be included in the next High Pressure Piping Code rulemaking new text end 101.22 new text begin proceeding initiated by the board. new text end 101.23     new text begin (c) If the High Pressure Piping Code amendment considered by the board is to new text end 101.24 new text begin replace the Minnesota High Pressure Piping Code with a model High Pressure Piping new text end 101.25 new text begin Code, then the amendment may only be included in the next High Pressure Piping Code new text end 101.26 new text begin rulemaking proceeding if it receives an affirmative two-thirds or more majority vote new text end 101.27 new text begin of all of the voting members of the board. new text end 101.28     new text begin (d) The board may reconsider High Pressure Piping Code amendments during new text end 101.29 new text begin an active High Pressure Piping Code rulemaking proceeding in which the amendment new text end 101.30 new text begin previously failed to receive a two-thirds or more majority vote of all of the voting new text end 101.31 new text begin members of the board only if new or updated information that affects the High Pressure new text end 101.32 new text begin Piping Code amendment is presented to the board. The board may also reconsider failed new text end 101.33 new text begin High Pressure Piping Code amendments in subsequent High Pressure Piping Code new text end 101.34 new text begin rulemaking proceedings. new text end 101.35     new text begin (e) Except as provided in paragraph (f), each proposed rule and rule amendment new text end 101.36 new text begin considered by the board pursuant to the rulemaking authority specified in subdivision 2, new text end 102.1 new text begin paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the new text end 102.2 new text begin voting members of the board shall be included in the next rulemaking proceeding initiated new text end 102.3 new text begin by the board. If a proposed rule or rule amendment considered, or reconsidered, by the new text end 102.4 new text begin board receives less than an affirmative majority vote of all of the voting members of the new text end 102.5 new text begin board, the proposed rule or rule amendment shall not be included in the next rulemaking new text end 102.6 new text begin proceeding initiated by the board. new text end 102.7     new text begin (f) The board may reconsider a proposed rule or rule amendment during an new text end 102.8 new text begin active rulemaking proceeding in which the amendment previously failed to receive an new text end 102.9 new text begin affirmative majority vote of all of the voting members of the board only if new or updated new text end 102.10 new text begin information that affects the proposed rule or rule amendment is presented to the board. new text end 102.11 new text begin The board may also reconsider a failed proposed rule or rule amendment in subsequent new text end 102.12 new text begin rulemaking proceedings. new text end 102.13     new text begin Subd. 7. new text end new text begin Board meetings. new text end new text begin (a) The board shall hold meetings at such times as the new text end 102.14 new text begin board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D new text end 102.15 new text begin and in such a manner as the bylaws may provide. new text end 102.16     new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a new text end 102.17 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 102.18 new text begin conditions are met: new text end 102.19     new text begin (1) all members of the board participating in the meeting, wherever their physical new text end 102.20 new text begin location, can hear one another and can hear all discussion and testimony; new text end 102.21     new text begin (2) members of the public present at the regular meeting location of the board can new text end 102.22 new text begin hear clearly all discussion and testimony and all votes of members of the board and, if new text end 102.23 new text begin needed, receive those services required by sections 15.44 and 15.441; new text end 102.24     new text begin (3) at least one member of the board is physically present at the regular meeting new text end 102.25 new text begin location; and new text end 102.26     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 102.27 new text begin identified and recorded. new text end 102.28     new text begin Each member of the board participating in a meeting by telephone or other electronic new text end 102.29 new text begin means is considered present at the meeting for purposes of determining a quorum and new text end 102.30 new text begin participating in all proceedings. new text end 102.31     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 102.32 new text begin emergency meeting, the board, to the extent practical, shall allow a person to monitor new text end 102.33 new text begin the meeting electronically from a remote location. The board may require the person new text end 102.34 new text begin making such a connection to pay for documented costs that the board incurs as a result of new text end 102.35 new text begin the additional connection. new text end 103.1     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 103.2 new text begin emergency meeting, the board shall provide notice of the regular meeting location, of the new text end 103.3 new text begin fact that some members may participate by telephone or other electronic means, and that a new text end 103.4 new text begin person may monitor the meeting electronically from a remote location. The timing and new text end 103.5 new text begin method of providing notice is governed by section 13D.04. new text end 103.6     new text begin Subd. 8. new text end new text begin Complaints. new text end new text begin (a) The board shall promptly forward to the commissioner new text end 103.7 new text begin the substance of any complaint or communication it receives, whether in writing or orally, new text end 103.8 new text begin that alleges or implies a violation of a statute, rule, or order that the commissioner has new text end 103.9 new text begin the authority to enforce pertaining to the license or registration of any person authorized new text end 103.10 new text begin by the department to provide high pressure piping services, the performance or offering new text end 103.11 new text begin to perform high pressure piping services requiring licensure by an unlicensed person, or new text end 103.12 new text begin high pressure code compliance. Each complaint or communication that is forwarded to the new text end 103.13 new text begin commissioner shall be submitted on a form provided by the commissioner. new text end 103.14     new text begin (b) The commissioner shall advise the board of the status of a complaint within 90 new text end 103.15 new text begin days after the board's written submission is received, or within 90 days after the board new text end 103.16 new text begin is provided with a written request for additional information or documentation from the new text end 103.17 new text begin commissioner or the commissioner's designee, whichever is later. The commissioner shall new text end 103.18 new text begin advise the board of the disposition of a complaint referred by the board within 180 days new text end 103.19 new text begin after the board's written submission is received. The commissioner shall annually report to new text end 103.20 new text begin the board a summary of the actions taken in response to complaints referred by the board. new text end 103.21     new text begin Subd. 9. new text end new text begin Data Practices Act. new text end new text begin The board is subject to chapter 13, the Minnesota new text end 103.22 new text begin Government Data Practices Act, and shall protect from unlawful disclosure data classified new text end 103.23 new text begin as not public. new text end 103.24     new text begin Subd. 10. new text end new text begin Official records. new text end new text begin The board shall make and preserve all records necessary new text end 103.25 new text begin to a full and accurate knowledge of its official activities in accordance with section 15.17. new text end 103.26    Sec. 4. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read: 103.27    Subdivision 1. License required; rules; time credit. No person new text begin individual new text end shall 103.28engage in or work at the business of a contracting new text begin high pressure new text end pipefitter unless issued an 103.29individual contracting pipefitter license to do so by the department of Labor and Industry new text begin new text end 103.30 new text begin under rules adopted by the board new text end . No license shall be required for repairs on existing 103.31installations. No person new text begin individual new text end shall engage in or work at the business of journeyman 103.32 new text begin high pressure new text end pipefitter unless issued an individual journeyman pipefitter competency 103.33license to do so by the department of Labor and Industry new text begin under rules adopted by the board new text end . 103.34A person possessing an individual contracting pipefitter competency license may also 103.35work as a journeyman new text begin high pressure new text end pipefitter. 104.1    No person, partnership, firm, or corporation shall new text begin construct or new text end install high pressure 104.2piping, nor install high pressure piping in connection with the dealing in and selling of high 104.3pressure pipe material and supplies, unless, at all times, a person new text begin individual new text end possessing a 104.4contracting new text begin high pressure new text end pipefitter individual competency license or a journeyman new text begin high new text end 104.5 new text begin pressure new text end pipefitter individual competency license is responsible for new text begin ensuring that new text end the high 104.6pressure pipefitting work conducted by the person, partnership, firm, or corporation being 104.7 new text begin is new text end in conformity with Minnesota Statutes and Minnesota Rules. 104.8    The Department of Labor and Industry new text begin board new text end shall prescribe rules, not inconsistent 104.9herewith, for the examination and individual competency licensing of contracting new text begin high new text end 104.10 new text begin pressure new text end pipefitters and journeyman new text begin high pressure new text end pipefitters and for issuance of permits 104.11by the department and municipalities for the installation of high pressure piping. 104.12    An employee performing the duties of inspector for the Department of Labor and 104.13Industry in regulating pipefitting shall not receive time credit for the inspection duties 104.14when making an application for a license required by this section. 104.15    Sec. 5. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read: 104.16    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 104.17for high pressure piping work, a person, partnership, firm, or corporation must obtain or 104.18utilize a business with a high pressure piping business license. 104.19    A person, partnership, firm, or corporation must have at all times as a full-time 104.20employee at least one individual holding an individual contracting new text begin high pressure new text end pipefitter 104.21competency license. Only full-time employees who hold individual contracting new text begin high new text end 104.22 new text begin pressure new text end pipefitter licenses are authorized to obtain high pressure piping permits in the 104.23name of the business. The individual contracting new text begin high pressure new text end pipefitter competency 104.24license holder can be the employee of only one high pressure piping business at a time. 104.25    To retain its business license without reapplication, a person, partnership, firm, or 104.26corporation holding a high pressure piping business license that ceases to employ a person 104.27 new text begin an individual new text end holding an individual contracting new text begin high pressure new text end pipefitter competency 104.28license shall have 60 days from the last day of employment of its previous individual 104.29contracting pipefitter competency license holder to employ another license holder. The 104.30department of Labor and Industry must be notified no later than five days after the last day 104.31of employment of the previous license holder. 104.32    No high pressure pipefitting work may be performed during any period when the 104.33high pressure pipefitting business does not have an individual contracting new text begin high pressure new text end 104.34pipefitter competency license holder on staff. If a license holder is not employed within 105.160 days new text begin after the last day of employment of the previous license holder new text end , the pipefitting 105.2business license shall lapse. 105.3    The Department of Labor and Industry new text begin board new text end shall prescribe by rule procedures for 105.4application for and issuance of business licenses and fees. 105.5    Sec. 6. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision 105.6to read: 105.7     new text begin Subd. 6. new text end new text begin Reciprocity with other states. new text end new text begin The commissioner may issue a temporary new text end 105.8 new text begin license without examination, upon payment of the required fee, nonresident applicants new text end 105.9 new text begin who are licensed under the laws of a state having standards for licensing which the new text end 105.10 new text begin commissioner determines are substantially equivalent to the standards of this state if new text end 105.11 new text begin the other state grants similar privileges to Minnesota residents duly licensed in this new text end 105.12 new text begin state. Applicants who receive a temporary license under this section may acquire an new text end 105.13 new text begin aggregate of 24 months of experience before they have to apply and pass the licensing new text end 105.14 new text begin examination. Applicants must register with the commissioner of labor and industry and new text end 105.15 new text begin the commissioner shall set a fee for a temporary license. Applicants have five years in new text end 105.16 new text begin which to comply with this section. new text end 105.17    Sec. 7. Minnesota Statutes 2006, section 326.50, is amended to read: 105.18326.50 new text begin LICENSE new text end APPLICATION; FEES new text begin AND RENEWAL new text end . 105.19    Application for an individual contracting new text begin high pressure new text end pipefitter competency or an 105.20individual journeyman new text begin high pressure new text end pipefitter competency license shall be made to the 105.21department of Labor and Industry, with fees. The applicant shall be licensed only after 105.22passing an examination new text begin developed and administered new text end by the department of Labor and 105.23Industry new text begin in accordance with rules adopted by the board new text end . new text begin A competency license issued by new text end 105.24 new text begin the department shall expire on December 31 of each year. A renewal application must be new text end 105.25 new text begin received by the department within one year after expiration of the competency license. A new text end 105.26 new text begin license that has been expired for more than one year cannot be renewed, and can only be new text end 105.27 new text begin reissued if the applicant submits a new application for the competency license, pays a new new text end 105.28 new text begin application fee, and retakes and passes the applicable license examination. new text end 105.29    Sec. 8. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read: 105.30    Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a 105.31license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. 105.32The contractor's recovery fund is created in the state treasury and must be administered 106.1by the commissioner in the manner and subject to all the requirements and limitations 106.2provided by section 82.43 with the following exceptions: new text begin . new text end 106.3    (1) each licensee who renews a license shall pay in addition to the appropriate 106.4renewal fee an additional fee which shall be credited to the contractor's recovery fund. The 106.5amount of the fee shall be based on the licensee's gross annual receipts for the licensee's 106.6most recent fiscal year preceding the renewal, on the following scale: 106.7 Fee Gross Receipts 106.8 $100 under $1,000,000 106.9 $150 $1,000,000 to $5,000,000 106.10 $200 over $5,000,000 106.11Any person who receives a new license shall pay a fee based on the same scale; 106.12    (2) new text begin (b) new text end The purpose of this fund is: 106.13    (i) new text begin (1) new text end to compensate any aggrieved owner or lessee of residential property located 106.14within this state who obtains a final judgment in any court of competent jurisdiction 106.15against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or 106.16dishonest practices, conversion of funds, or failure of performance arising directly out 106.17of any transaction when the judgment debtor was licensed and performed any of the 106.18activities enumerated under section 326.83, subdivision 19, on the owner's residential 106.19property or on residential property rented by the lessee, or on new residential construction 106.20which was never occupied prior to purchase by the owner, or which was occupied by the 106.21licensee for less than one year prior to purchase by the owner, and which cause of action 106.22arose on or after April 1, 1994; and 106.23    (ii) new text begin (2) new text end to reimburse the Department of Commerce new text begin Labor and Industry new text end for all legal 106.24and administrative expenses, including staffing costs, incurred in administering the fund; new text begin . new text end 106.25    (3) Nothing may obligate the fund for more than $50,000 per claimant, nor more 106.26than $75,000 per licensee; and new text begin . new text end 106.27    (4) Nothing may obligate the fund for claims based on a cause of action that arose 106.28before the licensee paid the recovery fund fee set in clause (1), or as provided in section 106.29326.945, subdivision 3 . 106.30    (b) new text begin (c) new text end Should the commissioner pay from the contractor's recovery fund any amount 106.31in settlement of a claim or toward satisfaction of a judgment against a licensee, the 106.32license shall be automatically suspended upon the effective date of an order by the court 106.33authorizing payment from the fund. No licensee shall be granted reinstatement until the 106.34licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount 106.35paid from the fund on the licensee's account, and has obtained a surety bond issued by an 106.36insurer authorized to transact business in this state in the amount of at least $40,000. 107.1    Sec. 9. Minnesota Statutes 2006, section 326.992, is amended to read: 107.2326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS. 107.3    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 107.4fuel burning, or refrigeration work must give bond to the state in the amount of 107.5$25,000 for all work entered into within the state. The bond must be for the benefit of 107.6persons suffering financial loss by reason of the contractor's failure to comply with the 107.7requirements of the State Mechanical Code. A bond given to the state must be filed with 107.8the commissioner of administration new text begin labor and industry new text end and is in lieu of all other bonds to 107.9any political subdivision required for work covered by this section. The bond must be 107.10written by a corporate surety licensed to do business in the state. 107.11    (b) The commissioner of administration new text begin labor and industry new text end may charge each person 107.12giving bond under this section an annual bond filing fee of $15. The money must be 107.13deposited in a special revenue fund and is appropriated to the commissioner to cover the 107.14cost of administering the bond program. 107.15    Sec. 10. new text begin TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING new text end 107.16 new text begin SYSTEMS. new text end 107.17     new text begin The commissioner of administration may not use the authority under Minnesota new text end 107.18 new text begin Statutes, section 16B.37, to modify transfers of authority in this act. new text end 107.19    Sec. 11. new text begin FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH new text end 107.20 new text begin PRESSURE PIPING SYSTEMS. new text end 107.21     new text begin The governor must complete the appointments required by Minnesota Statutes, new text end 107.22 new text begin section 326.471, no later than July 1, 2007. The commissioner of labor and industry new text end 107.23 new text begin shall convene the first meeting of the Board of High Pressure Piping Systems no later new text end 107.24 new text begin than September 1, 2007. new text end 107.25ARTICLE 5 107.26IRON RANGE RESOURCES AND REHABILITATION BOARD 107.27    Section 1. Minnesota Statutes 2006, section 298.227, is amended to read: 107.28298.227 TACONITE ECONOMIC DEVELOPMENT FUND. 107.29    An amount equal to that distributed pursuant to each taconite producer's taxable 107.30production and qualifying sales under section 298.28, subdivision 9a, shall be held by 107.31the Iron Range Resources and Rehabilitation Board in a separate taconite economic 107.32development fund for each taconite and direct reduced ore producer. Money from the 108.1fund for each producer shall be released by the commissioner after review by a joint 108.2committee consisting of an equal number of representatives of the salaried employees and 108.3the nonsalaried production and maintenance employees of that producer. The District 11 108.4director of the United States Steelworkers of America, on advice of each local employee 108.5president, shall select the employee members. In nonorganized operations, the employee 108.6committee shall be elected by the nonsalaried production and maintenance employees. 108.7The review must be completed no later than six months after the producer presents a 108.8proposal for expenditure of the funds to the committee. The funds held pursuant to this 108.9section may be released only for acquisition of new text begin plant and stationary mining new text end equipment and 108.10facilities for the producer or for research and development in Minnesota on new mining, or 108.11taconite, iron, or steel production technology, but only if the producer provides a matching 108.12expenditure to be used for the same purpose of at least 50 percent of the distribution based 108.13on 14.7 cents per ton beginning with distributions in 2002. new text begin Effective for proposals for new text end 108.14 new text begin expenditures of money from the fund beginning the day following final enactment, the new text end 108.15 new text begin commissioner may not release the funds before the next scheduled meeting of the board. new text end 108.16 new text begin If the board rejects a proposed expenditure, the funds must be deposited in the Taconite new text end 108.17 new text begin Environmental Protection Fund under sections 298.222 to 298.225. new text end If a producer uses 108.18money new text begin which has been released new text end from the fund new text begin prior to the day following final enactment new text end to 108.19procure haulage trucks, mobile equipment, or mining shovels, and the producer removes 108.20the piece of equipment from the taconite tax relief area defined in section 273.134 within 108.21ten years from the date of receipt of the money from the fund, a portion of the money 108.22granted from the fund must be repaid to the taconite economic development fund. The 108.23portion of the money to be repaid is 100 percent of the grant if the equipment is removed 108.24from the taconite tax relief area within 12 months after receipt of the money from the fund, 108.25declining by ten percent for each of the subsequent nine years during which the equipment 108.26remains within the taconite tax relief area. If a taconite production facility is sold after 108.27operations at the facility had ceased, any money remaining in the fund for the former 108.28producer may be released to the purchaser of the facility on the terms otherwise applicable 108.29to the former producer under this section. If a producer fails to provide matching funds 108.30for a proposed expenditure within six months after the commissioner approves release 108.31of the funds, the funds are available for release to another producer in proportion to the 108.32distribution provided and under the conditions of this section. Any portion of the fund 108.33which is not released by the commissioner within two years of its deposit in the fund shall 108.34be divided between the taconite environmental protection fund created in section 298.223 108.35and the Douglas J. Johnson economic protection trust fund created in section 298.292 for 108.36placement in their respective special accounts. Two-thirds of the unreleased funds shall be 109.1distributed to the taconite environmental protection fund and one-third to the Douglas J. 109.2Johnson economic protection trust fund. 109.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for proposals for expenditures of new text end 109.4 new text begin money from the fund the day following final enactment. new text end 109.5    Sec. 2. new text begin APPROPRIATION; IRON RANGE RESOURCES AND new text end 109.6 new text begin REHABILITATION BOARD. new text end 109.7     new text begin (a) $575,000 is appropriated from the Iron Range Resources and Rehabilitation new text end 109.8 new text begin Board fund for fiscal year 2008 for allocation in this section: new text end 109.9     new text begin (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other new text end 109.10 new text begin infrastructure to a peat project in Spencer Township in Aitkin County; new text end 109.11     new text begin (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham new text end 109.12 new text begin Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent new text end 109.13 new text begin endowment for the preservation; new text end 109.14     new text begin (3) $150,000 is for a grant to the Iron Range youth in action program to assist the new text end 109.15 new text begin organization to employ youth for the construction of community centers; new text end 109.16     new text begin (4) $50,000 is for a grant to the Iron Range retriever club for pond and field new text end 109.17 new text begin construction; and new text end 109.18     new text begin (5) $75,000 is for a grant to the city of Chisholm to improve infrastructure at the new text end 109.19 new text begin city-owned baseball field. new text end 109.20     new text begin These are onetime appropriations. new text end 109.21    Sec. 3. new text begin IRRRB BUILDING. new text end 109.22     new text begin The Iron Range Resources and Rehabilitation Board office building in Eveleth, new text end 109.23 new text begin Minnesota is designated and named the Joe Begich Building and shall be signed as such new text end 109.24 new text begin at every entrance. new text end 109.25ARTICLE 6 109.26ELECTRICAL 109.27    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read: 109.28    Subd. 6g. Personal new text begin Direct new text end supervision. The term "personal new text begin "Direct new text end supervision" 109.29means that a person licensed to perform electrical work oversees and directs the electrical 109.30work performed by an unlicensed person such that: 110.1    (1) the licensed person actually reviews the electrical work performed by the 110.2unlicensed person new text begin an unlicensed individual is being supervised by an individual licensed new text end 110.3 new text begin to perform the electrical work being supervised new text end ; 110.4    (2) new text begin during the entire working day of the unlicensed individual, the licensed new text end 110.5 new text begin individual is physically present at the location where the unlicensed individual is new text end 110.6 new text begin preforming electrical work and immediately available to the unlicensed individual; new text end 110.7     new text begin (3) new text end the licensed person new text begin individual new text end is new text begin physically present and new text end immediately available to 110.8the unlicensed person new text begin individual new text end at all times for assistance and direction; and 110.9     new text begin (4) electronic supervision does not meet the requirement of physically present and new text end 110.10 new text begin immediately available; new text end 110.11     new text begin (5) the licensed individual shall review the electrical work performed by the new text end 110.12 new text begin unlicensed individual before the electrical work is operated; and new text end 110.13    (3) new text begin (6) new text end the licensed person new text begin individual new text end is able to and does determine that all electrical 110.14work performed by the unlicensed person new text begin individual new text end is performed in compliance with 110.15section 326.243. 110.16    The licensed person new text begin individual new text end is responsible for the compliance with section 110.17326.243 of all electrical work performed by the unlicensed person new text begin individual new text end . 110.18    Sec. 2. new text begin [326.2411] BOARD OF ELECTRICITY. new text end 110.19     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Board of Electricity shall consist of 12 new text end 110.20 new text begin members. Eleven members shall be appointed by the governor with the advice and consent new text end 110.21 new text begin of the senate and shall be voting members. Appointments of members by the governor new text end 110.22 new text begin shall be made in accordance with section 15.066. If the senate votes to refuse to consent new text end 110.23 new text begin to an appointment of a member made by the governor, the governor shall appoint a new new text end 110.24 new text begin member with the advice and consent of the senate. One member shall be the commissioner new text end 110.25 new text begin of labor and industry or the commissioner's designee, who shall be a voting member. Of new text end 110.26 new text begin the 11 appointed members, the composition shall be as follows: new text end 110.27     new text begin (1) one member shall be an electrical inspector; new text end 110.28     new text begin (2) two members shall be representatives of the electrical suppliers in rural areas; new text end 110.29     new text begin (3) two members shall be master electricians, who shall be contractors; new text end 110.30     new text begin (4) two members shall be journeyman electricians; new text end 110.31     new text begin (5) one member shall be a registered consulting electrical engineer; new text end 110.32     new text begin (6) two members shall be power limited technicians, who shall be technology new text end 110.33 new text begin system contractors primarily engaged in the business of installing technology circuits new text end 110.34 new text begin or systems; and new text end 110.35     new text begin (7) one member shall be a public member as defined by section 214.02. new text end 111.1     new text begin The electrical inspector shall be appointed to a term to end December 31, 2011. One new text end 111.2 new text begin of the rural electrical suppliers shall be appointed for a term to end December 31, 2011, new text end 111.3 new text begin and one rural electrical supplier shall serve for a term to end December 31, 2010. The new text end 111.4 new text begin consulting electrical engineer shall be appointed for a term to end December 31, 2011. new text end 111.5 new text begin One of the master electrician contractors shall be appointed for a term to end December new text end 111.6 new text begin 31, 2011, and one master electrician contractor shall be appointed for a term to end new text end 111.7 new text begin December 31, 2010. One of the journeyman electricians shall be appointed for a term to new text end 111.8 new text begin end December 31, 2011, and one journeyman electrician shall be appointed for a term to new text end 111.9 new text begin end December 31, 2010. One of the power limited technicians shall be appointed for a new text end 111.10 new text begin term to end December 31, 2011, and one power limited technician shall be appointed for new text end 111.11 new text begin a term to end December 31, 2010. The public member shall be appointed for a term to new text end 111.12 new text begin end December 31, 2010. new text end 111.13     new text begin (b) The consulting electrical engineer must possess a current Minnesota professional new text end 111.14 new text begin engineering license and maintain the license for the duration of the term served on the new text end 111.15 new text begin board. All other appointed members, except the public member and the representatives of new text end 111.16 new text begin electrical suppliers in rural areas, must possess a current electrical license issued by the new text end 111.17 new text begin Department of Labor and Industry and maintain that license for the duration of their terms. new text end 111.18 new text begin All appointed members must be residents of Minnesota at the time of and throughout new text end 111.19 new text begin their terms. The term of any appointed member who does not maintain membership new text end 111.20 new text begin qualification status shall end on the date of status change and the governor shall appoint new text end 111.21 new text begin a replacement member. It is the responsibility of the member to notify the board of a new text end 111.22 new text begin change in the member's status. new text end 111.23     new text begin (c) For appointed members, except the initial terms designated in paragraph (a), each new text end 111.24 new text begin term shall be three years with the terms ending on the first Monday in January. Members new text end 111.25 new text begin appointed by the governor shall be limited to three consecutive terms. The governor shall, new text end 111.26 new text begin all or in part, reappoint the current members or appoint replacement members with the new text end 111.27 new text begin advice and consent of the senate. Midterm vacancies shall be filled for the remaining new text end 111.28 new text begin portion of the term. Vacancies occurring with less than six months time remaining in the new text end 111.29 new text begin term shall be filled for the existing term and the following three-year term. Members may new text end 111.30 new text begin serve until their successors are appointed but in no case later than July 1 in a year in new text end 111.31 new text begin which the term expires unless reappointed. new text end 111.32     new text begin Subd. 2. new text end new text begin Powers; duties; administrative support. new text end new text begin (a) The board shall have the new text end 111.33 new text begin power to: new text end 111.34     new text begin (1) elect its chair, vice-chair, and secretary; new text end 112.1     new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the new text end 112.2 new text begin board, and contain such other provisions as may be useful and necessary for the efficient new text end 112.3 new text begin conduct of the business of the board; new text end 112.4     new text begin (3) the Minnesota Electrical Code shall be the most current edition of the National new text end 112.5 new text begin Electrical Code upon its adoption by the board and any amendments thereto as adopted new text end 112.6 new text begin by the board. The board shall adopt the most current edition of the National Electrical new text end 112.7 new text begin Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision new text end 112.8 new text begin 6, paragraphs (b) and (c); new text end 112.9     new text begin (4) review requests for final interpretations and issue final interpretations as provided new text end 112.10 new text begin in section 16B.63, subdivision 5; new text end 112.11     new text begin (5) adopt rules that regulate the licensure or registration of electrical businesses, new text end 112.12 new text begin electrical contractors, master electricians, journeyman electricians, class A installer, class new text end 112.13 new text begin B installer, power limited technicians, and other persons who perform electrical work. new text end 112.14 new text begin The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision new text end 112.15 new text begin 6, paragraphs (d) and (e); new text end 112.16     new text begin (6) adopt rules that regulate continuing education for individuals licensed or new text end 112.17 new text begin registered as electrical businesses, electrical contractors, master electricians, journeyman new text end 112.18 new text begin electricians, class A installer, class B installer, power limited technicians, and other new text end 112.19 new text begin persons who perform electrical work. The board shall adopt these rules pursuant to new text end 112.20 new text begin chapter 14 and as provided in subdivision 6, paragraph (e); new text end 112.21     new text begin (7) advise the commissioner regarding educational requirements for electrical new text end 112.22 new text begin inspectors; new text end 112.23     new text begin (8) refer complaints or other communications, whether orally or in writing, that new text end 112.24 new text begin allege or imply a violation of a statute, rule, or order that the commissioner has the new text end 112.25 new text begin authority to enforce pertaining to code compliance, licensure, or an offering to perform or new text end 112.26 new text begin performance of unlicensed electrical services to the commissioner under subdivision 8; new text end 112.27     new text begin (9) approve per diem and expenses deemed necessary for its members as provided in new text end 112.28 new text begin subdivision 3; new text end 112.29     new text begin (10) approve license reciprocity agreements; new text end 112.30     new text begin (11) select from its members individuals to serve on any other state advisory council, new text end 112.31 new text begin board, or committee; and new text end 112.32     new text begin (12) recommend the fees for licenses and certifications. new text end 112.33     new text begin Except for the powers granted to the Board of Electricity, the commissioner of labor new text end 112.34 new text begin and industry shall administer and enforce the provisions of sections 326.241 to 326.248 new text end 112.35 new text begin and any rules promulgated pursuant thereto. new text end 112.36     new text begin (b) The board shall comply with section 15.0597, subdivisions 2 and 4. new text end 113.1     new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations new text end 113.2 new text begin with the recommendations and rulemaking conducted by the other boards. The new text end 113.3 new text begin commissioner shall provide staff support to the board. The support includes professional, new text end 113.4 new text begin legal, technical, and clerical staff necessary to perform rulemaking and other duties new text end 113.5 new text begin assigned to the board. The commissioner of labor and industry shall supply necessary new text end 113.6 new text begin office space and supplies to assist the board in its duties. new text end 113.7     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin (a) Members of the board may be compensated at the rate new text end 113.8 new text begin of $55 per day spent on board activities, when authorized by the board, plus expenses, in new text end 113.9 new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end 113.10 new text begin section 43A.18, subdivision 2. Members who, as a result of time spent attending board new text end 113.11 new text begin meetings, incur child care expenses that would not otherwise have been incurred, may be new text end 113.12 new text begin reimbursed for those expenses upon board authorization. new text end 113.13     new text begin (b) Members who are state employees or employees of political subdivisions of new text end 113.14 new text begin the state must not receive the daily payment for activities that occur during working new text end 113.15 new text begin hours for which they are compensated by the state or political subdivision. However, a new text end 113.16 new text begin state or political subdivision employee may receive the daily payment if the employee new text end 113.17 new text begin uses vacation time or compensatory time accumulated in accordance with a collective new text end 113.18 new text begin bargaining agreement or compensation plan for board activities. Members who are state new text end 113.19 new text begin employees or employees of the political subdivisions of the state may receive the expenses new text end 113.20 new text begin provided for in this subdivision unless the expenses are reimbursed by another source. new text end 113.21 new text begin Members who are state employees or employees of political subdivisions of the state new text end 113.22 new text begin may be reimbursed for child care expenses only for time spent on board activities that new text end 113.23 new text begin are outside their working hours. new text end 113.24     new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent new text end 113.25 new text begin on board activities for purposes of making daily payments under this subdivision. new text end 113.26     new text begin Subd. 4. new text end new text begin Removal; vacancies. new text end new text begin (a) An appointed member of the board may be new text end 113.27 new text begin removed by the governor at any time (1) for cause, after notice and hearing, or (2) after new text end 113.28 new text begin missing three consecutive meetings. The chair of the board shall inform the governor of new text end 113.29 new text begin an appointed member missing three consecutive meetings. After the second consecutive new text end 113.30 new text begin missed meeting and before the next meeting, the secretary of the board shall notify the new text end 113.31 new text begin appointed member in writing that the member may be removed for missing the next new text end 113.32 new text begin meeting. In the case of a vacancy on the board, the governor shall, with the advice new text end 113.33 new text begin and consent of the senate, appoint a person to fill the vacancy for the remainder of the new text end 113.34 new text begin unexpired term. new text end 113.35     new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6. new text end 114.1     new text begin Subd. 5. new text end new text begin Membership vacancies within three months of appointment. new text end 114.2     new text begin Notwithstanding any law to the contrary, when a seat on the board becomes vacant within new text end 114.3 new text begin three months after being filled through the appointment process, the governor may, new text end 114.4 new text begin upon notification to the Office of the Secretary of State, choose a new member from the new text end 114.5 new text begin applications on hand and need not repeat the process. new text end 114.6     new text begin Subd. 6. new text end new text begin Officers, quorum, voting. new text end new text begin (a) The board shall elect annually from its new text end 114.7 new text begin members a chair, vice-chair, and secretary. A quorum of the board shall consist of a new text end 114.8 new text begin majority of members of the board qualified to vote on the matter in question. All questions new text end 114.9 new text begin concerning the manner in which a meeting is conducted or called that are not covered new text end 114.10 new text begin by statute shall be determined by Robert's Rules of Order (revised) unless otherwise new text end 114.11 new text begin specified by the bylaws. new text end 114.12     new text begin (b) Except as provided in paragraph (c), each Electrical Code amendment considered new text end 114.13 new text begin by the board that receives an affirmative two-thirds or more majority vote of all of the new text end 114.14 new text begin voting members of the board shall be included in the next Electrical Code rulemaking new text end 114.15 new text begin proceeding initiated by the board. If an Electrical Code amendment considered, or new text end 114.16 new text begin reconsidered, by the board receives less than a two-thirds majority vote of all of the voting new text end 114.17 new text begin members of the board, the Electrical Code amendment shall not be included in the next new text end 114.18 new text begin Electrical Code rulemaking proceeding initiated by the board. new text end 114.19     new text begin (c) The board may reconsider Electrical Code amendments during an active new text end 114.20 new text begin Electrical Code rulemaking proceeding in which the amendment previously failed to new text end 114.21 new text begin receive a two-thirds or more majority vote of all of the voting members of the board only if new text end 114.22 new text begin new or updated information that affects the Electrical Code amendment is presented to the new text end 114.23 new text begin board. The board may also reconsider failed Electrical Code amendments in subsequent new text end 114.24 new text begin Electrical Code rulemaking proceedings. new text end 114.25     new text begin (d) Except as provided in paragraph (e), each proposed rule and rule amendment new text end 114.26 new text begin considered by the board pursuant to the rulemaking authority specified in subdivision 2, new text end 114.27 new text begin paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of the all the new text end 114.28 new text begin voting members of the board shall be included in the next rulemaking proceeding initiated new text end 114.29 new text begin by the board. If a proposed rule or rule amendment considered, or reconsidered, by the new text end 114.30 new text begin board receives less than an affirmative majority vote of all of the voting members of the new text end 114.31 new text begin board, the proposed rule or rule amendment shall not be included in the next rulemaking new text end 114.32 new text begin proceeding initiated by the board. new text end 114.33     new text begin (e) The board may reconsider a proposed rule or rule amendment during an new text end 114.34 new text begin active rulemaking proceeding in which the amendment previously failed to receive an new text end 114.35 new text begin affirmative majority vote of all of the voting members of the board only if new or updated new text end 114.36 new text begin information that affects the proposed rule or rule amendment is presented to the board. new text end 115.1 new text begin The board may also reconsider a failed proposed rule or rule amendment in subsequent new text end 115.2 new text begin rulemaking proceedings. new text end 115.3     new text begin Subd. 7. new text end new text begin Board meetings. new text end new text begin (a) The board shall hold meetings at such times as the new text end 115.4 new text begin board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D new text end 115.5 new text begin and in such a manner as the bylaws may provide. new text end 115.6     new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a new text end 115.7 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 115.8 new text begin conditions are met: new text end 115.9     new text begin (1) all members of the board participating in the meeting, wherever their physical new text end 115.10 new text begin location, can hear one another and can hear all discussion and testimony; new text end 115.11     new text begin (2) members of the public present at the regular meeting location of the board can new text end 115.12 new text begin hear clearly all discussion and testimony and all votes of members of the board and, if new text end 115.13 new text begin needed, receive those services required by sections 15.44 and 15.441; new text end 115.14     new text begin (3) at least one member of the board is physically present at the regular meeting new text end 115.15 new text begin location; and new text end 115.16     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 115.17 new text begin identified and recorded. new text end 115.18     new text begin Each member of the board participating in a meeting by telephone or other electronic new text end 115.19 new text begin means is considered present at the meeting for purposes of determining a quorum and new text end 115.20 new text begin participating in all proceedings. new text end 115.21     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 115.22 new text begin emergency meeting, the board, to the extent practical, shall allow a person to monitor new text end 115.23 new text begin the meeting electronically from a remote location. The board may require the person new text end 115.24 new text begin making such a connection to pay for documented costs that the board incurs as a result of new text end 115.25 new text begin the additional connection. new text end 115.26     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 115.27 new text begin emergency meeting, the board shall provide notice of the regular meeting location, of the new text end 115.28 new text begin fact that some members may participate by telephone or other electronic means, and that a new text end 115.29 new text begin person may monitor the meeting electronically from a remote location. The timing and new text end 115.30 new text begin method of providing notice is governed by section 13D.04. new text end 115.31     new text begin Subd. 8. new text end new text begin Complaints. new text end new text begin (a) The board shall promptly forward to the commissioner new text end 115.32 new text begin the substance of any complaint or communication it receives, whether in writing or orally, new text end 115.33 new text begin that alleges or implies a violation of a statute, rule, or order that the commissioner has the new text end 115.34 new text begin authority to enforce pertaining to the license or registration of any person authorized by the new text end 115.35 new text begin department to provide electrical services, the performance or offering to perform electrical new text end 115.36 new text begin services requiring licensure by an unlicensed person, or Electrical Code compliance. Each new text end 116.1 new text begin complaint or communication that is forwarded to the commissioner shall be submitted new text end 116.2 new text begin on a form provided by the commissioner. new text end 116.3     new text begin (b) The commissioner shall advise the board of the status of a complaint within 90 new text end 116.4 new text begin days after the board's written submission is received, or within 90 days after the board new text end 116.5 new text begin is provided with a written request for additional information or documentation from the new text end 116.6 new text begin commissioner or the commissioner's designee, whichever is later. The commissioner shall new text end 116.7 new text begin advise the board of the disposition of a complaint referred by the board within 180 days new text end 116.8 new text begin after the board's written submission is received. The commissioner shall annually report to new text end 116.9 new text begin the board a summary of the actions taken in response to complaints referred by the board. new text end 116.10     new text begin Subd. 9. new text end new text begin Data Practices Act. new text end new text begin The board is subject to chapter 13, the Minnesota new text end 116.11 new text begin Government Data Practices Act, and shall protect from unlawful disclosure data classified new text end 116.12 new text begin as not public. new text end 116.13     new text begin Subd. 10. new text end new text begin Official records. new text end new text begin The board shall make and preserve all records necessary new text end 116.14 new text begin to a full and accurate knowledge of its official activities in accordance with section 15.17. new text end 116.15    Sec. 3. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read: 116.16    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, 116.17no person new text begin individual new text end shall install, alter, repair, plan, lay out, or supervise the installing, 116.18altering, or repairing new text begin , planning, or laying out new text end of electrical wiring, apparatus, or equipment 116.19for technology circuits or systems unless: 116.20    (1) the person new text begin individual new text end is licensed by the board new text begin commissioner new text end as a power limited 116.21technician; and 116.22    (2) the electrical work is: 116.23    (i) for a licensed contractor and the person new text begin individual new text end is an employee, partner, or 116.24officer of, or is the licensed contractor; or 116.25    (ii) performed under the new text begin direct new text end supervision of a master electrician or power limited 116.26technician also employed by the person's new text begin individual's new text end employer on technology circuits, 116.27systems, apparatus, equipment, or facilities new text begin that are new text end owned or leased by the employer that 116.28are located within the limits of property new text begin operated, maintained, and either new text end owned or leased, 116.29operated, and maintained by the employer. 116.30    (b) An applicant for a power limited technician's license shall (1) be a graduate 116.31of a four-year electrical course in new text begin offered by new text end an accredited college or university; or (2) 116.32have had at least 36 months' experience, acceptable to the board, in planning for, laying 116.33out, supervising, and installing new text begin , altering and repairing new text end wiring, apparatus, or equipment 116.34for power limited systems, provided however, that the board may by rule provide for the 116.35allowance of up to 12 months (2,000 hours) of experience credit for successful completion 117.1of a two-year post high school electrical course or other technical training approved by 117.2the board. 117.3    (c) The board may initially set experience requirements without rulemaking, but 117.4must adopt rules before July 1, 2004. 117.5    (d) Licensees must attain eight new text begin 16 new text end hours of continuing education acceptable to 117.6the board every renewal period. 117.7    (e) A person who has submitted an application by June 30, 2003, to take the alarm 117.8and communications examination administered by the board, and who has achieved a 117.9minimal score of 70 percent on the examination by September 30, 2003, may obtain a 117.10power limited technician license without further examination by submitting an application 117.11and a license fee of $30. 117.12    (f) new text begin (d) new text end A company holding an alarm and communication license as of June 30, 2003, 117.13may designate one person new text begin individual new text end who may obtain a power limited technician license 117.14without passing an examination administered by the board new text begin commissioner new text end by submitting an 117.15application and license fee of $30. 117.16    (g) new text begin (e) new text end A person who has submitted an application by September 30, 2005 new text begin December new text end 117.17 new text begin 31, 2007 new text end , to take the power limited technician examination administered by the board new text begin new text end 117.18 new text begin department new text end is not required to meet the qualifications set forth in paragraph (b). 117.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 117.20    Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read: 117.21    Subd. 5. Unlicensed persons new text begin individuals new text end . (a) An unlicensed person new text begin individual new text end 117.22 new text begin means an individual who has not been licensed by the department to perform specific new text end 117.23 new text begin electrical work. An unlicensed individual new text end shall not perform electrical work new text begin required to new text end 117.24 new text begin be performed by a licensed individual new text end unless new text begin the individual has first registered with the new text end 117.25 new text begin department as an unlicensed individual. Thereafter, an unlicensed individual shall not new text end 117.26 new text begin perform electrical work required to be performed by a licensed individual unless new text end the work 117.27is performed under the personal new text begin direct new text end supervision of a person new text begin an individual new text end actually 117.28licensed to perform such work and new text begin . new text end The licensed electrician new text begin individual new text end and unlicensed 117.29persons are new text begin individual must be new text end employed by the same employer. Licensed persons new text begin new text end 117.30 new text begin individuals new text end shall not permit unlicensed persons new text begin individuals new text end to perform electrical work 117.31except under the personal new text begin direct new text end supervision of a person new text begin an individual new text end actually licensed to 117.32perform such work. Unlicensed persons new text begin individuals new text end shall not supervise the performance of 117.33electrical work or make assignments of electrical work to unlicensed persons new text begin individuals new text end . 117.34Except for technology circuit or system work, licensed persons new text begin individuals new text end shall supervise 117.35no more than two unlicensed persons new text begin individuals new text end . For technology circuit or system 118.1work, licensed persons new text begin individuals new text end shall supervise no more than three unlicensed persons new text begin new text end 118.2 new text begin individuals new text end . 118.3    (b) Notwithstanding any other provision of this section, no person new text begin individual new text end other 118.4than a master electrician or power limited technician shall plan or lay out electrical wiring, 118.5apparatus, or equipment for light, heat, power, or other purposes, except circuits or 118.6systems exempted from personal licensing by subdivision 12, paragraph (b). 118.7    (c) Contractors employing unlicensed persons performing new text begin individuals to perform new text end 118.8electrical work shall maintain records establishing compliance with this subdivision, 118.9which new text begin that new text end shall designate new text begin identify new text end all unlicensed persons new text begin individuals new text end performing electrical 118.10work, except for persons working on circuits or systems exempted from personal licensing 118.11by subdivision 12, paragraph (b), and shall permit the board new text begin department new text end to examine and 118.12copy all such records as provided for in section 326.244, subdivision 6. 118.13     new text begin (d) When a licensed individual supervises the electrical work of an unlicensed new text end 118.14 new text begin individual, the licensed individual is responsible for ensuring that the electrical work new text end 118.15 new text begin complies with the Minnesota Electrical Act and rules adopted under the act. new text end 118.16    Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision 118.17to read: 118.18     new text begin Subd. 5a. new text end new text begin Registration of unlicensed individuals. new text end new text begin Unlicensed individuals new text end 118.19 new text begin performing electrical work for a contractor or employer shall register with the department new text end 118.20 new text begin in the manner prescribed by the commissioner. Experience credit for electrical work new text end 118.21 new text begin performed in Minnesota after January 1, 2008, by an applicant for a license identified in new text end 118.22 new text begin this section shall not be granted where the applicant has not registered with or is not new text end 118.23 new text begin licensed by the department. new text end 118.24    Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read: 118.25    Subd. 8. License new text begin , registration, new text end and renewal fees new text begin ; expiration new text end . All licenses issued 118.26hereunder shall expire in a manner as provided by the board. new text begin (a) Unless revoked or new text end 118.27 new text begin suspended under this chapter, all licenses issued or renewed under this section expire new text end 118.28 new text begin on the date specified in this subdivision. Master licenses expire March 1 of each new text end 118.29 new text begin odd-numbered year after issuance or renewal. Electrical contractor licenses expire March new text end 118.30 new text begin 1 of each even-numbered year after issuance or renewal. Technology system contractor new text end 118.31 new text begin licenses expire August 1 of each even-numbered year after issuance or renewal. All new text end 118.32 new text begin other personal licenses expire two years from the date of original issuance and every two new text end 118.33 new text begin years thereafter. Registrations of unlicensed individuals expire one year from the date of new text end 118.34 new text begin original issuance and every year thereafter. new text end 119.1     new text begin (b) new text end Fees, as set by the board, shall be payable for new text begin application and new text end examination, new text begin and new text end 119.2 new text begin for the original new text end issuance and new text begin each subsequent new text end renewal of the following new text begin , are new text end : 119.3    (1) For new text begin each personal license application and new text end examination: new text begin $35; new text end 119.4    Class A Master. 119.5    Class B Master. 119.6    Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or 119.7Special Electrician. 119.8    (2) For new text begin original new text end issuance of original license and new text begin each subsequent new text end renewal new text begin of new text end : 119.9    Class A Master. new text begin or master special electrician, including master elevator constructor: new text end 119.10 new text begin $40 per year new text end new text begin ; new text end 119.11    Class B Master. new text begin : $25 per year new text end new text begin ; new text end 119.12    Power Limited Technician. new text begin : $15 per year new text end new text begin ; new text end 119.13    Class A Journeyman, Class B Journeyman, Installer, or Special Electrician. new text begin other new text end 119.14 new text begin than master special electrician: $15 per year new text end new text begin ; new text end 119.15    Electrical contractor new text begin : $100 per year new text end . 119.16    Technology Systems Contractor new text begin Unlicensed individual registration: $15 per year new text end . 119.17     new text begin (c) If any new license is issued in accordance with this subdivision for less than two new text end 119.18 new text begin years, the fee for the license shall be prorated on an annual basis. new text end 119.19     new text begin (d) A license fee may not be refunded after a license is issued or renewed. However, new text end 119.20 new text begin if the fee paid for a license was not prorated in accordance with this subdivision, the new text end 119.21 new text begin amount of the overpayment shall be refunded. new text end 119.22     new text begin (e) Any contractor who seeks reissuance of a license after it has been revoked or new text end 119.23 new text begin suspended under this chapter shall submit a reissuance fee of $100 before the license is new text end 119.24 new text begin reinstated. new text end 119.25     new text begin (f) The fee for the issuance of each duplicate license is $15. new text end 119.26    (3) new text begin (g) new text end An individual or contractor who fails to renew a license before 30 days after 119.27the expiration new text begin or registration new text end of the license must submit a late fee equal to one year's 119.28license fee in addition to the full renewal fee. Fees for renewed licenses new text begin or registrations new text end 119.29are not prorated. An individual or contractor that fails to renew a license new text begin or registration new text end by 119.30the expiration date is unlicensed until the license new text begin or registration new text end is renewed. 119.31    Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read: 119.32    Subd. 11. Reciprocity. To the extent that any other state which provides for the 119.33licensing of electricians provides for similar action the board may grant licenses, without 119.34examination, of the same grade and class to an electrician who has been licensed by such 119.35other state for at least one year, upon payment by the applicant of the required fee and 120.1upon the board being furnished with proof that the required fee and upon the board being 120.2furnished with proof that the qualifications of the applicant are equal to the qualifications 120.3of holders of similar licenses in Minnesota. new text begin The commissioner may enter into reciprocity new text end 120.4 new text begin agreements for personal licenses with another state if approved by the board. Once new text end 120.5 new text begin approved by the board, the commissioner may issue a personal license without requiring new text end 120.6 new text begin the applicant to pass an examination provided the applicant: new text end 120.7     new text begin (a) submits an application under section 326.242; new text end 120.8     new text begin (b) pays the fee required under section 326.242; and new text end 120.9     new text begin (c) holds a valid comparable license in the state participating in the agreement. new text end 120.10     new text begin Agreements are subject to the following: new text end 120.11     new text begin (1) The parties to the agreement must administer a statewide licensing program that new text end 120.12 new text begin includes examination and qualifying experience or training comparable to Minnesota's. new text end 120.13     new text begin (2) The experience and training requirements under which an individual applicant new text end 120.14 new text begin qualified for examination in the qualifying state must be deemed equal to or greater than new text end 120.15 new text begin required for an applicant making application in Minnesota at the time the applicant new text end 120.16 new text begin acquired the license in the qualifying state. new text end 120.17     new text begin (3) The applicant must have acquired the license in the qualifying state through an new text end 120.18 new text begin examination deemed equivalent to the same class of license examination in Minnesota. new text end 120.19 new text begin A lesser class of license may be granted where the applicant has acquired a greater new text end 120.20 new text begin class of license in the qualifying state and the applicant otherwise meets the conditions new text end 120.21 new text begin of this subdivision. new text end 120.22     new text begin (4) At the time of application, the applicant must hold a valid license in the new text end 120.23 new text begin qualifying state and have held the license continuously for at least one year before making new text end 120.24 new text begin application in Minnesota. new text end 120.25     new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant new text end 120.26 new text begin has failed the same or greater class of license examination in Minnesota, or if the new text end 120.27 new text begin applicant's license of the same or greater class has been revoked or suspended. new text end 120.28     new text begin (6) An applicant who has failed to renew a personal license for two years or more new text end 120.29 new text begin after its expiration is not eligible for a license under this subdivision. new text end 120.30    Sec. 8. Minnesota Statutes 2006, section 326.2441, is amended to read: 120.31326.2441 INSPECTION FEE SCHEDULE. 120.32    Subdivision 1. Schedule. State electrical inspection fees shall be paid according 120.33to new text begin calculated in accordance with new text end subdivisions 2 to 13 new text begin 15 new text end . 120.34    Subd. 2. Fee for each separate inspection. The minimum fee for each separate 120.35inspection of an installation, replacement, alteration, or repair is $20. new text begin $35. Except as new text end 121.1 new text begin otherwise provided in this section, the maximum number of separate inspections allowed new text end 121.2 new text begin without payment of an additional fee is the whole number resulting from dividing by new text end 121.3 new text begin 35 the total fee calculated in accordance with this section. Where additional separate new text end 121.4 new text begin inspections are necessary, additional fees are required to result in a value equal to the total new text end 121.5 new text begin number of separate inspections multiplied by 35. The fee for any inspections needed after new text end 121.6 new text begin a "final inspection" is performed shall be calculated without consideration of any fee new text end 121.7 new text begin paid before the final inspection. new text end 121.8    Subd. 3. Fee for services, generators, other power supply sources new text begin , or feeders to new text end 121.9 new text begin separate structures new text end . The inspection fee for the installation, addition, alteration, or repair 121.10of each service, change of service, temporary service, generator, other power supply 121.11source, or feeder to a separate structure is: 121.12    (1) 0 ampere to and including 400 ampere capacity, $25 new text begin $35 new text end ; 121.13    (2) 401 ampere to and including 800 ampere capacity, $50 new text begin $60 new text end ; and 121.14    (3) ampere capacity above 800, $75 new text begin $100 new text end . 121.15    Where multiple disconnects are grouped at a single location and are supplied by a 121.16single set of supply conductors the cumulative rating of the overcurrent devices shall be 121.17used to determine the supply ampere capacity. 121.18    Subd. 4. Fee for circuits, feeders, feeder taps, or new text begin sets of transformer secondary new text end 121.19conductors. The inspection fee for the installation, addition, alteration, or repair of 121.20each circuit, feeder, feeder tap, or set of transformer secondary conductors, including 121.21the equipment served, is: 121.22    (1) 0 ampere to and including 200 ampere capacity, $5 new text begin $6 new text end ; and 121.23    (2) ampere capacity above 200, $10 new text begin $15 new text end . 121.24     new text begin Where existing feeders and circuits are reconnected to overcurrent devices installed new text end 121.25 new text begin as part of the replacement of an existing disconnect, switchboard, motor control center, or new text end 121.26 new text begin panelboard, the inspection fee for each circuit or feeder is $2. new text end 121.27    Subd. 5. Limitations to fees of subdivisions 3 and 4 new text begin Inspection fee for dwellings new text end . 121.28    (a) The new text begin inspection new text end fee for a one-family dwelling and each dwelling unit of a two-family 121.29dwelling with a supply of up to 500 amperes where a combination of ten or more sources 121.30of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. new text begin is new text end 121.31 new text begin the following: new text end 121.32     new text begin (1) the fee for each service or other source of power as provided in subdivision 3; new text end 121.33     new text begin (2) $100 for up to 30 feeders and circuits; and new text end 121.34     new text begin (3) for each additional feeder or circuit, the fee as provided in subdivision 4. new text end 121.35This fee applies to each separate installation for new dwellings and additions, alterations, 121.36or repairs to existing dwellings and includes not more than two inspections. new text begin where 15 new text end 122.1 new text begin or more feeders or circuits are installed or extended in connection with any addition, new text end 122.2 new text begin alteration, or repair to existing dwellings. Where existing feeders and circuits are new text end 122.3 new text begin reconnected to overcurrent devices installed as part of the replacement of an existing new text end 122.4 new text begin panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number new text end 122.5 new text begin of separate inspections shall be determined in accordance with subdivision 2. new text end The 122.6fee for additional inspections or other installations is that specified in subdivisions 2 122.7to new text begin , new text end 4 new text begin , 6, and 8 new text end . The installer may submit fees for additional inspections when filing the 122.8request for electrical inspection. new text begin The fee for each detached accessory structure directly new text end 122.9 new text begin associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and new text end 122.10 new text begin 4. When included on the same request for electrical inspection form, inspection fees for new text end 122.11 new text begin detached accessory structures directly associated with the dwelling unit may be combined new text end 122.12 new text begin with the dwelling unit fees to determine the maximum number of separate inspections in new text end 122.13 new text begin accordance with subdivision 2. new text end 122.14    (b) The new text begin inspection new text end fee for each dwelling unit of a multifamily dwelling with three 122.15to 12 new text begin or more new text end dwelling units is $50 and the fee for each additional dwelling unit is $25. 122.16 new text begin $70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder new text end 122.17 new text begin or circuit. This fee applies to each separate installation for each new dwelling unit and new text end 122.18 new text begin where ten or more feeders or circuits are installed or extended in connection with any new text end 122.19 new text begin addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits new text end 122.20 new text begin are reconnected to overcurrent devices installed as part of the replacement of an existing new text end 122.21 new text begin panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number new text end 122.22 new text begin of separate inspections for each dwelling unit shall be determined in accordance with new text end 122.23 new text begin subdivision 2. The fee for additional inspections or for inspection of other installations new text end 122.24 new text begin is that specified in subdivisions 2, 4, 6, and 8. new text end These fees include only inspection of the 122.25wiring within individual dwelling units and the final feeder to that unit. This limitation is 122.26subject to the following conditions: 122.27    (1) new text begin where new text end the multifamily dwelling is provided with common service equipment 122.28and each dwelling unit is supplied by a separate feeder new text begin or feeders extended from common new text end 122.29 new text begin service or distribution equipment new text end . The fee for multifamily dwelling services or other 122.30power source supplies and all other circuits is that specified in subdivisions 2 to 4; and new text begin . new text end 122.31    (2) this limitation applies only to new installations for multifamily dwellings where 122.32the majority of the individual dwelling units are available for inspection during each 122.33inspection trip. 122.34    (c) A separate request for electrical inspection form must be filed for each dwelling 122.35unit that is supplied with an individual set of service entrance conductors. These fees are 122.36the one-family dwelling rate specified in paragraph (a). 123.1    Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical 123.2supply for each manufactured home park lot is $25 new text begin $35 new text end . This fee includes the service or 123.3feeder conductors up to and including the service equipment or disconnecting means. 123.4The fee for feeders and circuits that extend from the service or disconnecting means is 123.5that specified in subdivision 4. 123.6    (b) The fee for each recreational vehicle site electrical supply equipment is $5 new text begin $6 new text end 123.7 new text begin for each circuit originating within the equipment new text end . The fee for recreational vehicle park 123.8services, feeders, and circuits is that specified in subdivisions 3 and 4. 123.9    (c) The fee for each street, parking lot, or outdoor area lighting standard is $1, and the 123.10fee for each traffic signal standard is $5. Circuits originating within the standard or traffic 123.11signal controller shall not be used when computing new text begin calculating new text end the fee new text begin for each standard new text end . 123.12    (d) The fee for transformers for light, heat, and power is $10 new text begin $15 new text end for transformers 123.13rated up to ten kilovolt-amperes and $20 new text begin $30 new text end for transformers rated in excess of ten 123.14kilovolt-amperes. new text begin The previous sentence does not apply to Class 1 transformers or power new text end 123.15 new text begin supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power new text end 123.16 new text begin supplies. new text end 123.17    (e) The fee for transformers and electronic power supplies for electric signs and 123.18outline lighting is $5 per unit. 123.19    (f) The fee for alarm, communication, remote control, and signaling new text begin technology new text end 123.20circuits or systems, and circuits of less than 50 volts, is 50 new text begin 75 new text end cents for each system device 123.21or apparatus. 123.22    (g) The fee for each separate inspection of the bonding for a swimming pool, spa, 123.23fountain, an equipotential plane for an agricultural confinement area, or similar installation 123.24shall be $20 new text begin is $35 new text end . Bonding conductors and connections require an inspection before 123.25being concealed. 123.26    (h) The fee for all wiring installed on center pivot irrigation booms is $40 new text begin $35 plus new text end 123.27 new text begin $5 for each electrical drive unit new text end . 123.28    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per 123.29lighting fixture new text begin luminaire new text end . 123.30     new text begin (j) When a separate inspection of a concrete-encased grounding electrode is new text end 123.31 new text begin performed, the fee is $35. new text end 123.32     new text begin (k) The fees required by subdivisions 3 and 4 are doubled for installations over new text end 123.33 new text begin 600 volts. new text end 123.34    Subd. 7. Investigation fees: work without a request for electrical inspection. 123.35    (a) Whenever any work for which a request for electrical inspection is required by the 123.36board has begun without the request for electrical inspection form being filed with the 124.1board new text begin commissioner new text end , a special investigation shall be made before a request for electrical 124.2inspection form is accepted by the board. 124.3    (b) An investigation fee, in addition to the full fee required by subdivisions 1 124.4to 6, shall be paid before an inspection is made. The investigation fee is two times the 124.5hourly rate new text begin minimum fee new text end specified in subdivision 10 new text begin 2 new text end or the inspection fee required 124.6by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the 124.7investigation fee does not exempt any person from compliance with all other provisions of 124.8the board new text begin department new text end rules or statutes nor from any penalty prescribed by law. 124.9    Subd. 8. Reinspection fee. new text begin Notwithstanding the provisions of subdivisions 2 and 5, new text end 124.10when reinspection is necessary to determine whether unsafe conditions new text begin identified during a new text end 124.11 new text begin final inspection new text end have been corrected and the conditions are not the subject of an appeal 124.12pending before the board new text begin commissioner new text end or any court, a reinspection fee of $20 may new text begin $35 new text end 124.13 new text begin shall new text end be assessed in writing by the inspector. 124.14    Subd. 9. Supplemental fee. When inspections scheduled by the installer are 124.15preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due 124.16to circumstances beyond the control of the inspector, a supplemental inspection fee of 124.17$20 may new text begin $35 shall new text end be assessed in writing by the inspector. 124.18    Subd. 10. Special inspection. For inspections not covered in this section, or for 124.19requested special inspections or services, the fee shall be $30 new text begin is $80 new text end per hour, including 124.20travel time, plus 31 cents new text begin the standard mileage rate new text end per mile traveled, plus the reasonable 124.21cost of equipment or material consumed. This provision is applicable to inspection 124.22of empty conduits and other jobs as may be determined by the board new text begin commissioner new text end . 124.23This fee may also be assessed when installations are not accessible by roadway and 124.24require alternate forms of transportation. new text begin or are located in the Northwest Angle, or when new text end 124.25 new text begin inspections are performed outside of Minnesota. For purposes of this subdivision, new text end 124.26 new text begin the standard mileage rate is the standard mileage rate effective at the time of travel, new text end 124.27 new text begin as established by the Internal Revenue Service for computing the deductible costs of new text end 124.28 new text begin operating an automobile for business expense purposes. new text end 124.29    Subd. 11. Inspection of transitory projects. (a) For inspection of transitory 124.30projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production 124.31sites, and portable road construction plants, the inspection procedures and fees are as 124.32specified in paragraphs (b) to (i). 124.33    (b) The fee for inspection of each generator or other source of supply is that specified 124.34in subdivision 3. A like fee is required at each engagement or setup. 125.1    (c) In addition to the fee for generators or other sources of supply, there must be an 125.2inspection of all installed feeders, circuits, and equipment at each engagement or setup at 125.3the hourly rate specified in subdivision 10, with a two-hour new text begin one-hour new text end minimum. 125.4    (d) An owner, operator, or appointed representative of a transitory enterprise 125.5including, but not limited to, festivals, fairs, carnivals, circuses, production companies, 125.6shows, portable road construction plants, and similar enterprises shall notify the board new text begin new text end 125.7 new text begin commissioner new text end of its itinerary or schedule and make application for initial inspection a 125.8minimum of 14 days before its first engagement or setup. An owner, operator, or appointed 125.9representative of a transitory enterprise who fails to notify the board new text begin commissioner new text end 14 125.10days before its first engagement or setup may be subject to the investigation fees specified 125.11in subdivision 7. The owner, operator, or appointed representative shall request inspection 125.12and pay the inspection fee for each subsequent engagement or setup at the time of the initial 125.13inspection. For subsequent engagements or setups not listed on the itinerary or schedule 125.14submitted to the board new text begin commissioner new text end and where the board new text begin commissioner new text end is not notified at 125.15least 48 hours in advance, a charge of $100 may be made in addition to all required fees. 125.16    (e) Amusement rides, devices, concessions, attractions, or other units must be 125.17inspected at their first appearance of the year. The inspection fee is $20 new text begin $35 new text end per unit with a 125.18supply of up to 60 amperes and $30 new text begin $40 new text end per unit with a supply above 60 amperes. 125.19    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged 125.20for additional time spent by each inspector if equipment is not ready or available for 125.21inspection at the time and date specified on the application for initial inspection or the 125.22request for electrical inspection form. 125.23    (g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours new text begin one new text end 125.24 new text begin hour new text end at the hourly rate specified in subdivision 10 must be charged for inspections required 125.25to be performed on Saturdays, Sundays, holidays, or after regular business hours. 125.26    (h) The fee for reinspection of corrections or supplemental inspections where an 125.27additional trip is necessary may be assessed as specified in subdivision 8. 125.28    (i) The board may new text begin commissioner shall new text end retain the inspection fee when an owner, 125.29operator, or appointed representative of a transitory enterprise fails to notify the board new text begin new text end 125.30 new text begin commissioner new text end at least 48 hours in advance of a scheduled inspection that is canceled. 125.31     new text begin Subd. 11a. new text end new text begin Negotiated fee. new text end new text begin When the fee calculated in accordance with subdivisions new text end 125.32 new text begin 2 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the new text end 125.33 new text begin commissioner may negotiate a fee that more reasonably offsets the cost of inspection. new text end 125.34    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling 125.35of the new text begin paper new text end form requesting an new text begin electrical new text end inspection is new text begin up to new text end $1. 126.1    Subd. 13. National Electrical Code used for interpretation of provisions. For 126.2purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most 126.3recently adopted edition of the National Electrical Code shall be prima facie evidence of 126.4the definitions, interpretations, and scope of words and terms used. 126.5ARTICLE 7 126.6APPRENTICESHIP BOARD 126.7    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read: 126.8178.01 PURPOSES. 126.9    The purposes of this chapter are: to open to young people regardless of race, sex, 126.10creed, color or national origin, the opportunity to obtain training that will equip them for 126.11profitable employment and citizenship; to establish as a means to this end, a program 126.12of voluntary apprenticeship under approved apprentice agreements providing facilities 126.13for their training and guidance in the arts, skills, and crafts of industry and trade, with 126.14concurrent, supplementary instruction in related subjects; to promote employment 126.15opportunities under conditions providing adequate training and reasonable earnings; 126.16to relate the supply of skilled workers to employment demands; to establish standards 126.17for apprentice training; to establish an Apprenticeship Advisory Council new text begin Board new text end and 126.18apprenticeship committees to assist in effectuating the purposes of this chapter; to provide 126.19for a Division of Labor Standards and Apprenticeship within the Department of Labor 126.20and Industry; to provide for reports to the legislature regarding the status of apprentice 126.21training in the state; to establish a procedure for the determination of apprentice agreement 126.22controversies; and to accomplish related ends. 126.23    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read: 126.24178.02 APPRENTICESHIP ADVISORY COUNCIL new text begin BOARD new text end . 126.25    Subdivision 1. Members. The commissioner of labor and industry, hereinafter 126.26called the commissioner, shall appoint an Apprenticeship Advisory Council new text begin Board new text end , 126.27hereinafter referred to as the council new text begin board new text end , composed of three representatives each from 126.28employer and employee organizations, and two representatives of the general public. The 126.29director of education responsible for career and technical education or designee shall be an 126.30ex officio member of the council new text begin board new text end and shall serve in an advisory capacity only. 126.31    Subd. 2. Terms. The council new text begin board new text end shall expire and the terms, compensation, and 126.32removal of appointed members shall be as provided in section 15.059, except that the 126.33council shall not expire before June 30, 2003. 127.1    Subd. 4. Duties. The council new text begin board new text end shall meet at the call of the commissioner. It 127.2shall propose occupational classifications for apprenticeship programs; propose minimum 127.3standards for apprenticeship programs and agreements; and advise on the establishment 127.4of such policies, procedures, and rules as the commissioner new text begin board new text end deems necessary in 127.5implementing the intent of this chapter. 127.6    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read: 127.7    Subd. 3. Duties and functions. The director, under the supervision of the 127.8commissioner, and with the advice new text begin and consultation new text end of the Apprenticeship Advisory 127.9Council new text begin Board new text end , is authorized: to administer the provisions of this chapter; to promote 127.10apprenticeship and other forms of on the job training; to establish, in cooperation new text begin and new text end 127.11 new text begin consultation new text end with the Apprenticeship Advisory Council new text begin Board new text end and with the apprenticeship 127.12committees, conditions and training standards for the approval of apprenticeship programs 127.13and agreements, which conditions and standards shall in no case be lower than those 127.14prescribed by this chapter; to promote equal employment opportunity in apprenticeship 127.15and other on the job training and to establish a Minnesota plan for equal employment 127.16opportunity in apprenticeship which shall be consistent with standards established 127.17under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of 127.18registration to sponsors of approved apprenticeship programs; to act as secretary of the 127.19Apprenticeship Advisory Council new text begin Board new text end ; to approve, if of the opinion that approval is 127.20for the best interest of the apprentice, any apprenticeship agreement which meets the 127.21standards established hereunder; to terminate any apprenticeship agreement in accordance 127.22with the provisions of such agreement; to keep a record of apprenticeship agreements and 127.23their disposition; to issue certificates of completion of apprenticeship; and to perform 127.24such other duties as the commissioner deems necessary to carry out the intent of this 127.25chapter; provided, that the administration and supervision of supplementary instruction in 127.26related subjects for apprentices; coordination of instruction on a concurrent basis with 127.27job experiences, and the selection and training of teachers and coordinators for such 127.28instruction shall be the function of state and local boards responsible for vocational 127.29education. The director shall have the authority to make wage determinations applicable 127.30to the graduated schedule of wages and journeyman wage rate for apprenticeship 127.31agreements, giving consideration to the existing wage rates prevailing throughout the 127.32state, except that no wage determination by the director shall alter an existing wage 127.33provision for apprentices or journeymen that is contained in a bargaining agreement in 127.34effect between an employer and an organization of employees, nor shall the director 128.1make any determination for the beginning rate for an apprentice that is below the wage 128.2minimum established by federal or state law. 128.3    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read: 128.4    Subdivision 1. Rules. The commissioner may, upon receipt of the council's new text begin board's new text end 128.5proposals, accept, adopt, and issue them by rule with any modifications or amendments 128.6the commissioner finds appropriate. The commissioner may refer them back to the 128.7council new text begin board new text end with recommendations for further study, consideration and revision. new text begin If new text end 128.8 new text begin the commissioner refuses to accept, adopt, and issue by rule or other appropriate action new text end 128.9 new text begin a board proposal, the commissioner must provide a written explanation of the reason new text end 128.10 new text begin for the refusal to the board within 30 days after the board submitted the proposal to the new text end 128.11 new text begin commissioner. new text end Additional rules may be issued as the commissioner may deem necessary. 128.12ARTICLE 8 128.13MISCELLANEOUS 128.14    Section 1. Minnesota Statutes 2006, section 190.096, is amended to read: 128.15190.096 BATTLE FLAGS; REPAIR. 128.16    Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota 128.17Statutes 1961, chapters 16 and 43, the adjutant general new text begin or the Minnesota Historical new text end 128.18 new text begin Society new text end may contract for the repair, restoration, and preservation of regimental battle flags, 128.19standards, and guidons with persons or corporations skilled in such repair, restoration, and 128.20preservation, upon terms or conditions the adjutant general new text begin or the Minnesota Historical new text end 128.21 new text begin Society new text end deems proper, subject to the approval of the commissioner of administration. 128.22    Subd. 2. Surrender. Notwithstanding the provisions of new text begin this section or new text end section 128.23190.09 , the adjutant general new text begin or the Minnesota Historical Society new text end may, for the purposes 128.24of this section, surrender the immediate custody and control of regimental battle flags, 128.25standards, and guidons under conditions and safeguards the adjutant general new text begin or the new text end 128.26 new text begin Minnesota Historical Society new text end deems necessary and proper, for such time as is reasonably 128.27necessary for their restoration, after which they shall at once be again properly stored 128.28or displayed. The adjutant general new text begin or the Minnesota Historical Society new text end shall provide 128.29adequate storage and display space for flags, standards, and guidons which have been 128.30repaired and restored. 128.31     new text begin Subd. 3. new text end new text begin Battle flags; care and control. new text end new text begin (a) The flags and colors carried by new text end 128.32 new text begin Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be new text end 128.33 new text begin preserved under the care and control of the Minnesota Historical Society. They shall be new text end 129.1 new text begin suitably encased and marked, and, so far as the historical society may deem it consistent new text end 129.2 new text begin with the safety of the flags and colors, they shall be publicly displayed in the capitol. new text end 129.3     new text begin (b) The flags and colors carried by Minnesota troops in subsequent wars shall be new text end 129.4 new text begin preserved under the care and control of the adjutant general. They shall be suitably new text end 129.5 new text begin encased and marked, and, so far as the adjutant general may deem it consistent with the new text end 129.6 new text begin safety of the flags and colors, shall be publicly displayed. new text end 129.7    Sec. 2. new text begin [325E.65] SALE OF AMERICAN FLAGS. new text end 129.8     new text begin No person in the business of offering goods at retail may sell or offer for sale in this new text end 129.9 new text begin state an American flag unless the flag was manufactured in the United States of America. new text end 129.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 129.11    Sec. 3. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read: 129.12    Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals, 129.13installation seals and inspections which are sufficient to cover all costs incurred in the 129.14administration of sections 327.31 to 327.35. The commissioner shall also establish by 129.15rule a monitoring inspection fee in an amount that will comply with the secretary's fee 129.16distribution program. This monitoring inspection fee shall be an amount paid by the 129.17manufacturer for each manufactured home produced in Minnesota. The monitoring 129.18inspection fee shall be paid by the manufacturer to the secretary. The rules of the 129.19fee distribution program require the secretary to distribute the fees collected from all 129.20manufactured home manufacturers among states approved and conditionally approved 129.21based on the number of new manufactured homes whose first location after leaving the 129.22manufacturer is on the premises of a distributor, dealer or purchaser in that state. All 129.23money collected by the commissioner through fees prescribed by sections to 129.24 shall be deposited in the state government special revenue fund and is appropriated 129.25to the commissioner for the purpose of administering and enforcing the Manufactured 129.26Home Building Code under sections to . 129.27    Sec. 4. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read: 129.28    Subd. 6. Authorization as agency. The commissioner shall apply to the secretary 129.29for approval of the commissioner as the administrative agency for the regulation of 129.30manufactured homes under the rules of the secretary. The commissioner may make 129.31rules for the administration and enforcement of department responsibilities as a state 129.32administrative agency including, but not limited to, rules for the handling of citizen's 129.33complaints. All money received for services provided by the commissioner or the 130.1department's authorized agents as a state administrative agency shall be deposited in 130.2the general new text begin construction code new text end fund. The commissioner is charged with the adoption, 130.3administration, and enforcement of the Manufactured Home Construction and Safety 130.4Standards, consistent with rules and regulations promulgated by the United States 130.5Department of Housing and Urban Development. The commissioner may adopt the 130.6rules, codes, and standards necessary to enforce the standards promulgated under this 130.7section. The commissioner is authorized to conduct hearings and presentations of views 130.8consistent with regulations adopted by the United States Department of Housing and 130.9Urban Development and to adopt rules in order to carry out this function. 130.10    Sec. 5. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read: 130.11    Subd. 7. Fees; licenses; when granted. Each application for a license or license 130.12renewal must be accompanied by a fee in an amount established by the commissioner 130.13by rule pursuant to section 327B.10. The fees shall be set in an amount which over 130.14the fiscal biennium will produce revenues approximately equal to the expenses which 130.15the commissioner expects to incur during that fiscal biennium while administering and 130.16enforcing sections 327B.01 to 327B.12. All money collected by the commissioner 130.17through fees prescribed in sections to shall be deposited in the state 130.18government special revenue fund and is appropriated to the commissioner for purposes of 130.19administering and enforcing the provisions of this chapter. The commissioner shall grant 130.20or deny a license application or a renewal application within 60 days of its filing. If the 130.21license is granted, the commissioner shall license the applicant as a dealer or manufacturer 130.22for the remainder of the calendar year. Upon application by the licensee, the commissioner 130.23shall renew the license for a two year period, if: 130.24    (a) the renewal application satisfies the requirements of subdivisions 3 and 4; 130.25    (b) the renewal applicant has made all listings, registrations, notices and reports 130.26required by the commissioner during the preceding year; and 130.27    (c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 130.28327B.12 and all taxes, arrearages, and penalties owed to the state. 130.29    Sec. 6. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read: 130.30    Subd. 8b. Family rental housing. It may establish a family rental housing 130.31assistance program to provide loans or direct rental subsidies for housing for families 130.32with incomes of up to 80 percent of state median income new text begin , or to provide grants for the new text end 130.33 new text begin operating cost of public housing new text end . Priority must be given to those developments with 130.34resident families with the lowest income. The development may be financed by the 131.1agency or other public or private lenders. Direct rental subsidies must be administered by 131.2the agency for the benefit of eligible families. Financial assistance provided under this 131.3subdivision to recipients of aid to families with dependent children must be in the form 131.4of vendor payments whenever possible. Loans new text begin , grants, new text end and direct rental subsidies under 131.5this subdivision may be made only with specific appropriations by the legislature. The 131.6limitations on eligible mortgagors contained in section 462A.03, subdivision 13, do not 131.7apply to loans for the rehabilitation of existing housing under this subdivision. 131.8    Sec. 7. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read: 131.9    Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for 131.10this section must be used for challenge grants or loans which meet the requirements of this 131.11subdivision new text begin for housing proposals with financial or in-kind contributions from nonstate new text end 131.12 new text begin resources that reduce the need for deferred loan or grant funds from state resources new text end . These 131.13Challenge grants or loans must be used for economically viable homeownership or rental 131.14housing proposals that: 131.15    (1) include a financial or in-kind contribution from an area employer and either a unit 131.16of local government or a private philanthropic, religious, or charitable organization; and 131.17    (2) address the housing needs of the local work force. 131.18     new text begin Among comparable proposals, preference must be given to proposals that include new text end 131.19 new text begin contributions from nonstate resources for the greatest portion of the total development new text end 131.20 new text begin cost. Comparable proposals with contributions from local units of government or private new text end 131.21 new text begin philanthropic, religious, or charitable organizations must be given preference in awarding new text end 131.22 new text begin grants or loans. new text end 131.23    For the purpose of this subdivision, an employer new text begin a new text end contribution may consist partially 131.24or wholly of the premium paid for federal housing tax credits. 131.25    Preference for grants and loans shall also be given to comparable proposals that 131.26include a financial or in-kind contribution from a unit of local government, an area 131.27employer, and a private philanthropic, religious, or charitable organization. 131.28    Sec. 8. Minnesota Statutes 2006, section 469.021, is amended to read: 131.29469.021 PREFERENCES. 131.30    As between applicants equally in need and eligible for occupancy of a dwelling 131.31and at the rent involved, preference shall be given to new text begin disabled veterans, persons with new text end 131.32 new text begin disabilities, and new text end families of service persons who died in service and to families of veterans. 131.33In admitting families of low income to dwelling accommodations in any housing project an 131.34authority shall, as far as is reasonably practicable, give consideration to applications from 132.1families to which aid for dependent children is payable new text begin receiving assistance under chapter new text end 132.2 new text begin 256J new text end , and to resident families to whom public assistance or supplemental security income 132.3for the aged, blind, and disabled is payable, when those families are otherwise eligible. 132.4    Sec. 9. new text begin WORK GROUP. new text end 132.5     new text begin The commissioner of employment and economic development shall convene a work new text end 132.6 new text begin group to evaluate the impact of the money appropriated for wage incentives and how the new text end 132.7 new text begin wage incentive program works. The work group is to make recommendations to the new text end 132.8 new text begin legislature by January 15, 2008. new text end 132.9    Sec. 10. new text begin EFFECTIVE DATE. new text end 132.10     new text begin Unless another effective date is expressly provided, this act is effective July 1, 2007. new text end