1.1A bill for an act1.2relating 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 12.2JOBS, ECONOMIC DEVELOPMENT, HOUSING AND MINNESOTA 2.3HERITAGE APPROPRIATIONS SUMMARY

2.4Section 1.  SUMMARY OF APPROPRIATIONS.

2.5    The amounts shown in this section summarize direct appropriations, by fund, made 2.6in this act.

2.720082009Total2.8General$197,148,000$141,911,000$ 339,059,0002.9Workforce Development 16,759,00016,774,000 33,533,0002.10Remediation 700,000   700,000  1,400,0002.11Workers' Compensation22,736,00023,074,000 45,810,0002.12Total$237,343,000$182,459,000$419,802,000

2.13Sec. 2. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.

2.14    The sums shown in the columns marked "Appropriations" are appropriated to the 2.15agencies and for the purposes specified in this act.  The appropriations are from the general 2.16fund, or another named fund, and are available for the fiscal years indicated for each 2.17purpose.  The figures "2008" and "2009" used in this act mean that the appropriations 2.18listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009, 2.19respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009. 2.20"The biennium" is fiscal years 2008 and 2009.  Appropriations for the fiscal year ending 2.21June 30, 2007, are effective the day following final enactment.

2.22APPROPRIATIONS2.23Available for the Year2.24Ending June 302.2520082009

2.262.27Sec. 3. EMPLOYMENT AND ECONOMIC DEVELOPMENT

2.28Subdivision 1.Total Appropriation$75,080,000$45,569,000

2.29Appropriations by Fund2.30200820092.31General75,080,00045,569,0002.32Remediation700,000700,0002.332.34Workforce Development15,995,00015,995,000

3.1The amounts that may be spent for each 3.2purpose are specified in the following 3.3subdivisions.

3.43.5Subd. 2.Business and Community Development38,742,0009,389,000

3.6Appropriations by Fund3.7General38,042,0008,689,0003.8Remediation  700,000700,000

3.9(a) (1) $250,000 the first year and $250,000 3.10the second year are from the general fund 3.11for a grant under Minnesota Statutes, 3.12section 116J.421, to the Rural Policy and 3.13Development Center at St. Peter, Minnesota. 3.14The grant shall be used for research and 3.15policy analysis on emerging economic and 3.16social issues in rural Minnesota, to serve as 3.17a policy resource center for rural Minnesota 3.18communities, to encourage collaboration 3.19across higher education institutions to 3.20provide interdisciplinary team approaches 3.21to research and problem-solving in rural 3.22communities, and to administer overall 3.23operations of the center.3.24(2) The grant shall be provided upon the 3.25condition that each state-appropriated 3.26dollar be matched with a nonstate dollar. 3.27Acceptable matching funds are nonstate 3.28contributions that the center has received and 3.29have not been used to match previous state 3.30grants. Any unencumbered balance in the 3.31first year is available for the second year.3.32(b) $250,000 the first year and $250,000 3.33the second year are from the general fund 3.34for a grant to WomenVenture for women's 3.35business development programs.4.1(c) $250,000 the first year is for a grant to 4.2University Enterprise Laboratories (UEL) 4.3for its direct and indirect expenses to support 4.4efforts to encourage the growth of early-stage 4.5and emerging bioscience companies. UEL 4.6must provide a report by June 30 each year 4.7to the commissioner on the expenditures 4.8until the appropriation is expended. This is a 4.9onetime appropriation and is available until 4.10expended.4.11(d) $2,000,000 the first year is for grants 4.12under Minnesota Statutes, section 116J.571, 4.13for the redevelopment grant program. This is 4.14a onetime appropriation.4.15(e) $100,000 the first year and $100,000 the 4.16second year are to help small businesses 4.17access federal funds through the federal 4.18Small Business Innovation Research Program 4.19and the federal Small Business Technology 4.20Transfer Program. Department services 4.21must include maintaining connections to 4.2211 federal programs, assessment of specific 4.23funding opportunities, review of funding 4.24proposals, referral to specific consulting 4.25services, and training workshops throughout 4.26the state. Unless prohibited by federal law, 4.27the department must implement fees for 4.28services that help companies seek federal 4.29Phase II Small Business Innovation Research 4.30grants. The recommended fee schedule 4.31must be reported to the chairs of the house 4.32of representatives finance committee and 4.33senate budget division with jurisdiction over 4.34economic development by February 1, 2008.5.1(f) $100,000 the first year and $100,000 5.2the second year are appropriated to the 5.3Public Facilities Authority for the small 5.4community wastewater treatment program 5.5under Minnesota Statutes, chapter 446A.5.6(g) $255,000 the first year and $155,000 5.7the second year are from the general fund 5.8for a grant to the Metropolitan Economic 5.9Development Association for continuing 5.10minority business development programs in 5.11the metropolitan area.5.12(h) $85,000 the first year and $85,000 the 5.13second year are for grants to the Minnesota 5.14Inventors Congress. Of this amount, $10,000 5.15each year is for the Student Inventors 5.16Congress.5.17(i) $151,000 the first year is for a onetime 5.18grant to the city of Faribault to design, 5.19construct, furnish, and equip renovations to 5.20accommodate handicapped accessibility at 5.21the Paradise Center for the Arts.5.22(j) $750,000 each year is to Minnesota 5.23Technology, Inc. for the small business 5.24growth acceleration program established 5.25under Minnesota Statutes, section 116O.115. 5.26This is a onetime appropriation.5.27(k) $300,000 the first year is for a onetime 5.28grant to the city of Northome for the 5.29construction of a new municipal building to 5.30replace the structures damaged by fire on 5.31July 22, 2006. This appropriation is available 5.32when the commissioner determines that a 5.33sufficient match is available from nonstate 5.34sources to complete the project.6.1(l) $250,000 the first year and $250,000 6.2the second year are for a technology and 6.3commercialization unit established in this 6.4act. This is a onetime appropriation and is 6.5available until expended.6.6(m) $300,000 the first year is for a grant to the 6.7city of Worthington for an agricultural-based 6.8bioscience training and testing center. Funds 6.9appropriated under this section must be used 6.10to provide a training and testing facility for 6.11incubator firms developing new agricultural 6.12processes and products. This is a onetime 6.13appropriation and is available until expended.6.14(n) $1,000,000 the first year is for a onetime 6.15grant to BioBusiness Alliance of Minnesota 6.16for bioscience business development 6.17programs to promote and position the state 6.18as a global leader in bioscience business 6.19activities. These funds may be used for:6.20(1) completion and periodic updating of 6.21a statewide bioscience business industry 6.22assessment of business technology 6.23enterprises and Minnesota's competitive 6.24position employing annual updates to federal 6.25industry classification data;6.26(2) long-term strategic planning that includes 6.27projections of market changes resulting 6.28from developments in biotechnology and the 6.29development of 20-year goals, strategies, and 6.30identified objectives for renewable energy, 6.31medical devices, biopharma, and biologics 6.32business development in Minnesota;6.33(3) the design and construction of a 6.34Minnesota focused bioscience business 6.35model to test competing strategies and 7.1scenarios, evaluate options, and forecast 7.2outcomes; and7.3(4) creation of a bioscience business 7.4resources network that includes development 7.5of a statewide bioscience business economic 7.6development framework to encourage 7.7bioscience business development and 7.8encourage spin-off activities, attract 7.9bioscience business location or expansion in 7.10Minnesota, and establish a local capability to 7.11support strategic system level planning for 7.12industry, government, and academia.7.13This appropriation is available until June 30, 7.142009.7.15(o) $325,000 is for a grant to the Walker 7.16Area Community Center, Inc., to construct, 7.17furnish, and equip the Walker Area 7.18Community Center. This appropriation is 7.19not available until the commissioner has 7.20determined that an amount sufficient to 7.21complete the project has been committed 7.22from nonstate sources. This is a onetime 7.23appropriation and is available until expended.7.24(p) $100,000 the first year is for a grant 7.25to the Pine Island Economic Development 7.26Authority for predesign to upgrade and 7.27extend utilities to serve Elk Run Bioscience 7.28Research Park and The Falls - Healthy 7.29Living By Nature, an integrated medicine 7.30facility. This is a onetime appropriation and 7.31is available until expended.7.32(q) $350,000 the first year is for a grant 7.33to Thomson Township for infrastructure 7.34improvements for the industrial park. This 8.1is a onetime appropriation and is available 8.2until expended.8.3(r) $75,000 the first year is for a grant to 8.4Le Sueur County for the cost of cleaning 8.5up debris from lakes in Le Sueur County, 8.6caused by the August 24, 2006, tornado in 8.7southern Le Sueur County. This is a onetime 8.8appropriation and is available until expended.8.9(s) $75,000 the first year is for a grant to 8.10the city of Warroad for new public facilities 8.11to replace those damaged or destroyed 8.12by the August 2006 tornado, including 8.13approximately 28 new street lights and 8.14underground electrical circuits and a new 8.15fish cleaning house. This is a onetime 8.16appropriation and is available until expended. 8.17If an appropriation for this purpose is enacted 8.18more than once in the 2007 session, the 8.19appropriation is effective only once.8.20(t) $500,000 the first year is for a grant to 8.21the Upper Sioux Community to improve the 8.22current water system to ensure continuity 8.23of service to the entire population of the 8.24community and to meet the demands of the 8.25community expansion over the next 20 years. 8.26The is a onetime appropriation and is not 8.27available until the Public Facilities Authority 8.28has determined that at least $1,000,000 has 8.29been committed from nonstate sources. This 8.30appropriation is available until expended.8.31(u) $500,000 the second year is for bioscience 8.32business development and commercialization 8.33grants. The commissioner shall designate an 8.34evaluation team to accept grant applications, 8.35review and evaluate grant proposals, and 9.1select up to five grant proposals to receive 9.2funding each year. The evaluation team 9.3shall be comprised of not more than 12 9.4members including: the commissioner or the 9.5commissioner's designee; representatives of 9.6bioscience businesses; public and private 9.7institutions of higher education; private 9.8investment companies; a nonprofit entity 9.9that qualifies as a 501(c)6 under the Internal 9.10Revenue Code and is a trade association 9.11representing the life sciences industry; 9.12and a bio business alliance that qualifies 9.13as a 501(c)3 under the Internal Revenue 9.14Code. The criteria used by the evaluation 9.15team in evaluating grant proposals must 9.16include, but is not limited to: the potential 9.17to create and sustain jobs within the state 9.18of Minnesota; the potential for long-term 9.19business activity, growth, and expansion 9.20in Minnesota; the level of technological 9.21maturity; the potential to attract private 9.22investment; and the availability and readiness 9.23of markets. The commissioner must report 9.24to the standing committees of the house 9.25of representatives and the senate having 9.26jurisdiction over bioscience and technology 9.27issues by February 1 each year on the 9.28number, type, and amounts of grants awarded 9.29and the activities of the grant recipients. This 9.30is a onetime appropriation and is available 9.31until expended.9.32All data contained in a grant application 9.33and evaluations of a grant application are 9.34classified as nonpublic data, as defined in 9.35section 13.02, subdivision 9, or private data 9.36on individuals, as defined in section 13.02, 10.1subdivision 12. The grant applicant's name, 10.2address, and amount requested are classified 10.3as public data. When a grant is approved, the 10.4commissioner shall release the following in a 10.5manner that does not disclose the nonpublic 10.6or private data: a description of the problem 10.7presented by the applicant, how the applicant 10.8proposes to resolve the problem, and for 10.9what the grant will be used.10.10The commissioner may share nonpublic 10.11or private data contained in a grant 10.12application with the grant evaluation team 10.13and outside experts consulted by the grant 10.14evaluation team. Prior to sharing the data, 10.15the commissioner must obtain a signed 10.16nondisclosure agreement from each member 10.17of the grant evaluation team and any outside 10.18expert providing consultation to the team. 10.19The nondisclosure agreement must prohibit 10.20the use or dissemination of any of the 10.21nonpublic or private data outside of the grant 10.22evaluation process.10.23The grant evaluation team and any outside 10.24experts consulted by the grant evaluation 10.25team are subject to the penalties and remedies 10.26provided in sections 13.08 and 13.09.10.27(v) $755,000 the first year is for the urban 10.28challenge grant program under Minnesota 10.29Statutes, section 116M.18. This is a onetime 10.30appropriation.10.31(w) $1,100,000 is for a grant to the 10.32Neighborhood Development Center for 10.33assistance necessary to retain minority 10.34business enterprises at the Global Market. 11.1This is a onetime appropriation and is 11.2available until expended.11.3(x) $350,000 the first year is for a onetime 11.4grant to the city of Inver Grove Heights 11.5to reduce debt on the Inver Grove Heights 11.6Veterans Memorial Community Center.11.7(y) $14,900,000 the first year is for the 11.8Minnesota minerals 21st century fund created 11.9in Minnesota Statutes, section 116J.423, to 11.10partially restore the money unallotted by the 11.11commissioner of finance in 2003 pursuant 11.12to Minnesota Statutes, section 16A.152. 11.13This appropriation may be used as provided 11.14in Minnesota Statutes, section 116J.423, 11.15subdivision 2. This appropriation is available 11.16until expended.11.17(z) $2,500,000 the first year is for a grant to 11.18the city of St. Paul to be used to pay, redeem, 11.19or refund debt service costs incurred for the 11.20River Centre Campus.11.21(aa) $147,000 each year is appropriated from 11.22the general fund to the commissioner of 11.23employment and economic development for 11.24grants of $49,000 to eligible organizations 11.25each year and for the purposes of this 11.26paragraph. Each state grant dollar must be 11.27matched with $1 of nonstate funds. Any 11.28balance in the first year does not cancel but 11.29is available in the second year. The base for 11.30these grants in fiscal years 2010 and 2011 11.31is $189,000 each year, with each eligible 11.32organization receiving a $63,000 grant each 11.33year.11.34The commissioner of employment and 11.35economic development must make grants to 12.1organizations to assist in the development 12.2of entrepreneurs and small businesses. 12.3Three grants must be awarded to continue 12.4or to develop a program. One grant must 12.5be awarded to the Riverbend Center for 12.6Entrepreneurial Facilitation in Blue Earth 12.7County, and two to other organizations 12.8serving Faribault and Martin Counties. Grant 12.9recipients must report to the commissioner 12.10by February 1 of each year that the 12.11organization receives a grant with the 12.12number of customers served; the number of 12.13businesses started, stabilized, or expanded; 12.14the number of jobs created and retained; and 12.15business success rates. The commissioner 12.16must report to the house of representatives 12.17and senate committees with jurisdiction 12.18over economic development finance on the 12.19effectiveness of these programs for assisting 12.20in the development of entrepreneurs and 12.21small businesses.12.22(bb) $4,100,000 the first year is for grants 12.23under Minnesota Statutes, section 116J.8731, 12.24for the Minnesota investment fund program. 12.25Of this amount, up to $2,000,000 may 12.26be used for a legal reference office and 12.27data center facility, provided that the total 12.28capital investment in the facility is at least 12.29$60,000,000. This grant is not subject to 12.30grant limitations under Minnesota Statutes, 12.31section 116J.8731, subdivision 5. This is a 12.32onetime appropriation.

12.33Subd.  3.Workforce Development50,024,00049,833,000

13.1Appropriations by Fund13.2General34,029,00033,838,00013.313.4Workforce Development15,995,00015,995,000

13.5(a) $6,785,000 the first year and $6,785,000 13.6the second year are from the general fund 13.7for the Minnesota job skills partnership 13.8program under Minnesota Statutes, sections 13.9116L.01 to 116L.17. If the appropriation for 13.10either year is insufficient, the appropriation 13.11for the other year is available for it. This 13.12appropriation does not cancel.13.13(b) $455,000 the first year and $455,000 the 13.14second year are from the general fund for 13.15a grant under Minnesota Statutes, section 13.16116J.8747, to Twin Cities RISE! to provide 13.17training to hard-to-train individuals.13.18(c) $1,375,000 each year is from 13.19the workforce development fund for 13.20Opportunities Industrialization Center 13.21programs.13.22(d) $5,614,000 each year is from the general 13.23fund and $6,920,000 each year is from the 13.24workforce development fund for extended 13.25employment services for persons with 13.26severe disabilities or related conditions under 13.27Minnesota Statutes, section 268A.15. Of this, 13.28$125,000 each year and in the base for fiscal 13.29years 2010 and 2011 is to supplement funds 13.30paid for wage incentives for the community 13.31support fund established in Minnesota Rules, 13.32part 3300.2045.13.33(e) $1,650,000 the first year and $1,650,000 13.34the second year are from the general fund for 13.35grants for programs that provide employment 14.1support services to persons with mental 14.2illness under Minnesota Statutes, sections 14.3268A.13 and 268A.14. Up to $77,000 each 14.4year may be used for administrative and 14.5salary expenses.14.6(f) $2,440,000 the first year and $2,440,000 14.7the second year are from the general 14.8fund for grants under Minnesota Statutes, 14.9section 268A.11, for the eight centers 14.10for independent living. The base for this 14.11program is $2,190,000 each year in fiscal 14.12years 2010 and 2011. Money not expended 14.13the first year is available the second year.14.14The commissioner must:14.15(1) transfer $115,000 of federal independent 14.16living Part B rehabilitation services funds 14.17to the Minnesota Centers for Independent 14.18Living each year contingent upon the 14.19availability of federal funds under Title VII, 14.20Part B, of the Federal Rehabilitation Act of 14.211973 as amended under United States Code, 14.22title 29, section 711(c), and approved by the 14.23Statewide Independent Living Council;14.24(2) replace federal Part B funds in the 14.25State Independent Living Council budget 14.26transferred under clause (1) with $115,000 14.27of Social Security Administration program 14.28income funds each year; and14.29(3) provide an additional $185,000 each year 14.30from the Social Security Administration 14.31program income to the Minnesota Centers for 14.32Independent Living to be allocated equally 14.33among the eight centers.14.34Additional funding for centers for 14.35independent living under clauses (1) and (3) 15.1must be used for core independent living 15.2services by the Centers for Independent 15.3Living. The Statewide Independent Living 15.4Council framework for statewide distribution 15.5of state and federal funding to the Minnesota 15.6Centers for Independent Living does not 15.7apply to the funds under clauses (1) and 15.8(3). The commissioner must report on the 15.9transfers in clauses (1), (2), and (3), and any 15.10other effort to pursue additional funding for 15.11the Centers for Independent Living to the 15.12standing committees of the senate and house 15.13of representatives having jurisdiction over 15.14Centers for Independent Living by March 15 15.15each year.15.16(g) $5,940,000 the first year and $5,940,000 15.17the second year are from the general fund for 15.18state services for the blind activities.15.19(h) $150,000 the first year and $150,000 15.20the second year are from the general fund 15.21and $175,000 the first year and $175,000 15.22the second year are from the workforce 15.23development fund for grants under Minnesota 15.24Statutes, section 268A.03, to Rise, Inc. 15.25for the Minnesota Employment Center for 15.26People Who are Deaf or Hard-of-Hearing. 15.27Money not expended the first year is 15.28available the second year.15.29(i) $9,021,000 the first year and $9,021,000 15.30the second year are from the general fund for 15.31the state's vocational rehabilitation program 15.32for people with significant disabilities to 15.33assist with employment, under Minnesota 15.34Statutes, chapter 268A.16.1(j) $350,000 the first year and $350,000 16.2the second year are from the workforce 16.3development fund for grants to provide 16.4interpreters for a regional transition program 16.5that specializes in providing culturally 16.6appropriate transition services leading to 16.7employment for deaf, hard-of-hearing, and 16.8deaf-blind students. This amount must be 16.9added to the department's base.16.10(k) $150,000 the first year and $150,000 the 16.11second year are for a grant to Advocating 16.12Change Together for training, technical 16.13assistance, and resources materials to persons 16.14with developmental and mental illness 16.15disabilities.16.16(l) $250,000 the first year and $250,000 16.17the second year are from the workforce 16.18development fund and $150,000 the first 16.19year and $100,000 the second year are from 16.20the general fund for a grant to Lifetrack 16.21Resources for its immigrant and refugee 16.22collaborative programs, including those 16.23related to job-seeking skills and workplace 16.24orientation, intensive job development, 16.25functional work English, and on-site job 16.26coaching. $50,000 of the first year general 16.27fund appropriation is for a onetime pilot 16.28Lifetrack project in Rochester.16.29(m) $575,000 the first year and $575,000 16.30the second year are from the general fund 16.31and $500,000 the first year and $500,000 16.32the second year are from the workforce 16.33development fund for the youthbuild 16.34program under Minnesota Statutes, sections 17.1116L.361 to 116L.366. This appropriation 17.2may be used for:17.3(1) restoring the three youthbuild programs 17.4that were eliminated due to budget reductions 17.5and adding seven more youthbuild programs 17.6statewide;17.7(2) restoring funding levels for all youthbuild 17.8programs plus an inflationary increase for 17.9each program;17.10(3) increasing the number of at-risk youth 17.11served by the youthbuild programs from 260 17.12youth per year to 500 youth per year; and17.13(4) restoring the youthbuild focus on careers 17.14in technology and adding a youthbuild focus 17.15on careers in the medical field.17.16(n) $1,325,000 each year is from the 17.17workforce development fund for grants 17.18to fund summer youth employment in 17.19Minneapolis. The grants shall be used to 17.20fund up to 500 jobs for youth each summer. 17.21Of this appropriation, $325,000 each year is 17.22for a grant to the learn-to-earn summer youth 17.23employment program. The commissioner 17.24shall establish criteria for awarding the 17.25grants. This appropriation is available in 17.26either year of the biennium and is available 17.27until spent.17.28(o) $600,000 the first year and $600,000 17.29the second year are from the workforce 17.30development fund for a grant to the city of 17.31St. Paul for grants to fund summer youth 17.32employment in St. Paul. The grants shall be 17.33used to fund up to 500 jobs for youth each 17.34summer. The commissioner shall establish 17.35criteria for awarding the grants within the 18.1city of St. Paul. This appropriation is 18.2available in either year of the biennium and 18.3is available until spent.18.4(p) $250,000 the first year and $250,000 the 18.5second year are from the general fund for 18.6grants to Northern Connections in Perham 18.7to implement and operate a pilot workforce 18.8program that provides one-stop supportive 18.9services to individuals as they transition into 18.10the workforce.18.11(q) $100,000 each year is for a grant to 18.12Ramsey County Workforce Investment Board 18.13for the development of the building lives 18.14program. This is a onetime appropriation.18.15(r) $150,000 each year is for a grant to the 18.16Hennepin-Carver Workforce Investment 18.17Board (WIB) to coordinate with the Partners 18.18for Progress Regional Skills Consortium 18.19to provide employment and training as 18.20demonstrated by the Twin Cities regional 18.21health care training partnership project.18.22(s) $160,000 the first year is for a onetime 18.23grant to Workforce Development, Inc., for 18.24a pilot project to provide demand-driven 18.25employment and training services to 18.26welfare recipients and other economically 18.27disadvantaged populations in Mower, 18.28Freeborn, Dodge, and Steele Counties.18.29(t) $200,000 the first year and $200,000 the 18.30second year are from the general fund for 18.31a grant to HIRED to operate its industry 18.32sector training initiatives, which provide 18.33employee training developed in collaboration 18.34with employers in specific, high-demand 18.35industries.19.1(u) $100,000 the first year is for a onetime 19.2grant to a nonprofit organization. The 19.3nonprofit organization must work on behalf 19.4of all licensed vendors to coordinate their 19.5efforts to respond to solicitations or other 19.6requests from private and governmental units 19.7as defined in Minnesota Statutes, section 19.8471.59, subdivision 1, in order to increase 19.9employment opportunities for persons with 19.10disabilities.19.11(v) $3,500,000 each year from the workforce 19.12development fund is for the Minnesota youth 19.13program under Minnesota Statutes, sections 19.14116L.56 and 116L.561.19.15(w) $1,000,000 each year from the workforce 19.16development fund is for a grant to the 19.17Minnesota Alliance of Boys and Girls 19.18Clubs to administer a statewide project 19.19of youth job skills development. This 19.20project, which may have career guidance 19.21components, including health and life skills, 19.22is to encourage, train, and assist youth in 19.23job-seeking skills, workplace orientation, 19.24and job site knowledge through coaching. 19.25This grant requires a 25 percent match from 19.26nonstate resources.19.27(x) $10,000 the first year is for a study on 19.28ways to promote employment opportunities 19.29for minorities, with a particular focus on 19.30opportunities for African Americans, in 19.31the state of Minnesota. The study should 19.32focus on how to significantly expand the job 19.33training available to minorities and promote 19.34substantial increases in the wages paid to 19.35minorities, at least to a rate well above living 20.1wage, and within several years, to equality. 20.2The commissioner must report on the study 20.3to the governor and the chair of the finance 20.4committee in each house of the legislature 20.5that has jurisdiction over employment by 20.6January 15, 2008, with recommendations for 20.7implementing the findings.20.8(y) The commissioner must provide funding 20.9for the Minnesota Conservation Corps to 20.10provide learning stipends for deaf students 20.11and wages for interpreters participating in 20.12the MCC summer youth program.

20.13Subd. 4.State-Funded Administration3,009,0003,042,000

20.14The first $1,450,000 deposited in each 20.15year of the biennium and in each year of 20.16subsequent bienniums into the contingent 20.17account created under Minnesota Statutes, 20.18section 268.196, subdivision 3, shall be 20.19transferred by June 30 of each fiscal year 20.20to the workforce development fund created 20.21under Minnesota Statutes, section 116L.20. 20.22Deposits in excess of $1,450,000 shall be 20.23transferred by June 30 of each fiscal year to 20.24the general fund.

20.25Sec. 4. EXPLORE MINNESOTA TOURISM$11,178,000$11,130,000

20.26(a) To develop maximum private sector 20.27involvement in tourism, $500,000 the first 20.28year and $500,000 the second year must 20.29be matched by Explore Minnesota Tourism 20.30from nonstate sources. Each $1 of state 20.31incentive must be matched with $3 of private 20.32sector funding. Cash match is defined as 20.33revenue to the state or documented cash 20.34expenditures directly expended to support 21.1Explore Minnesota Tourism programs. Up 21.2to one-half of the private sector contribution 21.3may be in-kind or soft match. The incentive 21.4in the first year shall be based on fiscal 21.5year 2007 private sector contributions as 21.6prescribed in Laws 2005, First Special 21.7Session chapter 1, article 3, section 6. The 21.8incentive increase in the second year will 21.9be based on fiscal year 2008 private sector 21.10contributions. This incentive is ongoing.21.11Funding for the marketing grants is available 21.12either year of the biennium. Unexpended 21.13grant funds from the first year are available 21.14in the second year.21.15Any unexpended money from the general 21.16fund appropriations made under this section 21.17does not cancel but must be placed in a 21.18special marketing account for use by Explore 21.19Minnesota Tourism for additional marketing 21.20activities.21.21(b) $325,000 the first year and $325,000 the 21.22second year are for the Minnesota Film and 21.23TV Board. The appropriation in each year 21.24is available only upon receipt by the board 21.25of $1 in matching contributions of money or 21.26in-kind contributions from nonstate sources 21.27for every $3 provided by this appropriation.21.28(c) $650,000 the first year and $650,000 21.29the second year are appropriated for a grant 21.30to the Minnesota Film and TV Board for 21.31the film jobs production program under 21.32Minnesota Statutes, section 116U.26. These 21.33appropriations are available in either year 21.34of the biennium and are available until 21.35expended.22.1(d) $150,000 the first year is for a onetime 22.2grant to St. Louis County to be used for 22.3feasibility studies and planning activities 22.4concerning additional uses for the St. Louis 22.5County Heritage and Arts Center at the 22.6Duluth depot. The studies and planning 22.7activities must include:22.8(1) examining the costs and benefits of 22.9relocating the Northeast Minnesota Office of 22.10Tourism to the Duluth depot;22.11(2) establishing a heritage tourism center at 22.12the Duluth depot;22.13(3) developing a multimodal operational plan 22.14integrating railroad and bus service; and22.15(4) identifying additional services and 22.16activities that would contribute toward 22.17returning the Duluth depot to being a 22.18working railroad station and cultural gateway 22.19to Duluth and St. Louis County.22.20This appropriation is available until 22.21expended.

22.22Sec. 5. HOUSING FINANCE AGENCY

22.23Subdivision 1.Total Appropriation$69,323,000$45,234,000

22.24The amounts that may be spent for each 22.25purpose are specified in the following 22.26subdivisions.22.27This appropriation is for transfer to the 22.28housing development fund for the programs 22.29specified. Except as otherwise indicated, this 22.30transfer is part of the agency's permanent 22.31budget base.

22.32Subd. 2.Challenge Program24,622,0009,622,000

23.1For the economic development and housing 23.2challenge program under Minnesota Statutes, 23.3section 462A.33, for housing that:23.4(1) conserves energy and utilizes sustainable, 23.5healthy building materials;23.6(2) preserves sensitive natural areas and 23.7open spaces and minimizes the need for new 23.8infrastructure;23.9(3) is accessible to jobs and services through 23.10integration with transportation or transit 23.11systems; and23.12(4) expands the mix of housing choices in 23.13a community by diversifying the levels of 23.14housing affordability.23.15The agency may fund demonstration projects 23.16that have unique approaches to achieving the 23.17housing described in clauses (1) to (4).

23.18Subd. 3.Housing Trust Fund13,555,0008,555,000

23.19For deposit in the housing trust fund account 23.20created under Minnesota Statutes, section 23.21462A.201, and used for the purposes 23.22provided in that section.

23.23Subd. 4.Rental Assistance for Mentally Ill2,638,0002,638,000

23.24For a rental housing assistance program for 23.25persons with a mental illness or families with 23.26an adult member with a mental illness under 23.27Minnesota Statutes, section 462A.2097. The 23.28agency must not reduce the funding under 23.29this subdivision.

23.30Subd. 5.Family Homeless Prevention7,465,0007,465,000

23.31For family homeless prevention and 23.32assistance programs under Minnesota 23.33Statutes, section 462A.204. Any balance in 24.1the first year does not cancel but is available 24.2in the second year.

24.3Subd. 6.Home Ownership Assistance Fund885,000885,000

24.4For the home ownership assistance program 24.5under Minnesota Statutes, section 462A.21, 24.6subdivision 8.

24.7Subd. 7.Affordable Rental Investment Fund11,496,0008,996,000

24.8For the affordable rental investment fund 24.9program under Minnesota Statutes, section 24.10462A.21, subdivision 8b.24.11This appropriation is to finance the 24.12acquisition, rehabilitation, and debt 24.13restructuring of federally assisted rental 24.14property and for making equity take-out 24.15loans under Minnesota Statutes, section 24.16462A.05, subdivision 39.24.17The owner of the federally assisted rental 24.18property must agree to participate in 24.19the applicable federally assisted housing 24.20program and to extend any existing 24.21low-income affordability restrictions on the 24.22housing for the maximum term permitted. 24.23The owner must also enter into an agreement 24.24that gives local units of government, 24.25housing and redevelopment authorities, 24.26and nonprofit housing organizations the 24.27right of first refusal if the rental property 24.28is offered for sale. Priority must be given 24.29among comparable federally assisted rental 24.30properties to properties with the longest 24.31remaining term under an agreement for 24.32federal rental assistance. Priority must also 24.33be given among comparable rental housing 24.34developments to developments that are or 24.35will be owned by local government units, a 25.1housing and redevelopment authority, or a 25.2nonprofit housing organization.25.3This appropriation also may be used to 25.4finance the acquisition, rehabilitation, and 25.5debt restructuring of existing supportive 25.6housing properties. For purposes of this 25.7subdivision, "supportive housing" means 25.8affordable rental housing with links to 25.9services necessary for individuals, youth, and 25.10families with children to maintain housing 25.11stability.25.12Of this amount, $2,500,000 is appropriated 25.13for the purposes of financing the 25.14rehabilitation and operating costs to preserve 25.15public housing. For purposes of this 25.16subdivision, "public housing" is housing for 25.17low-income persons and households financed 25.18by the federal government and owned and 25.19operated by public housing authorities and 25.20agencies. Eligible public housing authorities 25.21must have a public housing assessment 25.22system rating of standard or above. Priority 25.23among comparable proposals must be given 25.24to proposals that maximize federal or local 25.25resources to finance the capital and operating 25.26costs.

25.2725.28Subd. 8.Housing Rehabilitation and Accessibility5,587,0004,287,000

25.29For the housing rehabilitation and 25.30accessibility program under Minnesota 25.31Statutes, section 462A.05, subdivisions 14a 25.32and 15a.

25.33Subd. 9.Urban Indian Housing Program187,000187,000

25.34For the urban Indian housing program 25.35under Minnesota Statutes, section 462A.07, 26.1subdivision 15. The base is reduced by 26.2$7,000 each year in fiscal year 2010 and 26.3fiscal year 2011.

26.4Subd. 10.Tribal Indian Housing Program1,683,0001,394,000

26.5For the tribal Indian housing program 26.6under Minnesota Statutes, section 462A.07, 26.7subdivision 14. The base is reduced by 26.8$179,000 each year in fiscal year 2010 and 26.9fiscal year 2011.

26.1026.11Subd. 11.Home Ownership Education, Counseling, and Training865,000865,000

26.12For the home ownership education, 26.13counseling, and training program under 26.14Minnesota Statutes, section 462A.209.

26.15Subd. 12.Capacity Building Grants340,000340,000

26.16For nonprofit capacity building grants 26.17under Minnesota Statutes, section 462A.21, 26.18subdivision 3b. The base is reduced by 26.19$90,000 each year in fiscal year 2010 and 26.20fiscal year 2011.

26.21Sec. 6. LABOR AND INDUSTRY

26.22Subdivision 1.Total Appropriation$22,909,000$23,174,000

26.23Appropriations by Fund26.242008200926.25General1,069,0001,024,00026.2626.27Workers' Compensation21,076,00021,371,00026.2826.29Workforce Development764,000779,000

26.30The amounts that may be spent for each 26.31purpose are specified in the following 26.32subdivisions.

26.33Subd.  2.Workers' Compensation10,360,00010,617,000

27.1This appropriation is from the workers' 27.2compensation fund.27.3Up to $200,000 the first year and up to 27.4$200,000 the second year are for grants 27.5to the Vinland Center for rehabilitation 27.6services. The grants shall be distributed as 27.7the department refers injured workers to 27.8the Vinland Center to receive rehabilitation 27.9services.

27.10Subd. 3.Safety Codes and Services4,685,0004,773,000

27.11This appropriation is from the workers' 27.12compensation fund.27.13$500,000 the first year and $500,000 27.14the second year are from the workers' 27.15compensation fund for patient safe handling 27.16grants under Minnesota Statutes, section 27.17182.6553. This is a onetime appropriation 27.18and is available until expended.

27.19Subd. 4.Labor Standards/Apprenticeship 1,833,0001,803,000

27.20Appropriations by Fund27.21General 1,069,0001,024,00027.2227.23Workforce Development764,000779,000

27.24The appropriation from the workforce 27.25development fund is for the apprenticeship 27.26program under Minnesota Statutes, chapter 27.27178, and includes $100,000 each year for 27.28labor education and advancement program 27.29grants.27.30$360,000 the first year and $300,000 the 27.31second year from the general fund are for 27.32prevailing wage enforcement of which 27.33$60,000 in the first year is for outreach and 27.34survey participation improvements.

28.1Subd. 5.General Support6,031,0005,981,000

28.2This appropriation is from the workers' 28.3compensation fund.

28.428.5Sec. 7. BUREAU OF MEDIATION SERVICES

28.6Subdivision 1.Total Appropriation$1,864,000$1,904,000

28.7The amounts that may be spent for each 28.8purpose are specified in the following 28.9subdivisions.

28.10Subd. 2.Mediation Services1,714,0001,754,000

28.1128.12Subd. 3.Labor Management Cooperation Grants150,000150,000

28.13$150,000 the first year and $150,000 28.14the second year are for grants to area 28.15labor-management committees. Grants may 28.16be awarded for a 12-month period beginning 28.17July 1 of each year. Any unencumbered 28.18balance remaining at the end of the first 28.19year does not cancel but is available for the 28.20second year.

28.2128.22Sec. 8. WORKERS' COMPENSATION COURT OF APPEALS$1,660,000$1,703,000

28.23This appropriation is from the workers' 28.24compensation fund.

28.2528.26Sec. 9. MINNESOTA HISTORICAL SOCIETY

28.27Subdivision 1.Total Appropriation$25,994,000$24,504,000

28.28The amounts that may be spent for each 28.29purpose are specified in the following 28.30subdivisions. Of the appropriations, 28.31$500,000 the first year and $500,000 the 28.32second year are for increased building lease 29.1costs. These amounts are added to the 29.2department's base.

29.3Subd. 2.Education and Outreach14,875,00013,862,000

29.4(a) Of this amount, $750,000 the first year is 29.5a onetime appropriation for the Minnesota 29.6Sesquicentennial Commission. Of this 29.7appropriation, $325,000 is for competitive 29.8matching grants for local events and projects; 29.9$325,000 is for planning and support of 29.10statewide activities, and up to $100,000 may 29.11be used for administration.29.12The Minnesota Historical Society, the State 29.13Arts Board, and Explore Minnesota Tourism 29.14may assist the commission in designing and 29.15implementing the grants program.29.16The commission shall encourage private 29.17contributions to match the state funds to the 29.18greatest extent possible. Any gifts, pledges, 29.19membership fees, or contributions received 29.20by the commission are appropriated to the 29.21commission.29.22(b) $500,000 the first year is for a grant-in-aid 29.23program for county and local historical 29.24societies. The Minnesota Historical Society 29.25shall establish program guidelines and 29.26grant evaluation and award criteria for the 29.27program. Each dollar of state funds awarded 29.28to a grantee must be matched with nonstate 29.29funds on a dollar-for-dollar basis by a 29.30grantee. This is a onetime appropriation and 29.31is available until expended.29.32(c) Notwithstanding Minnesota Statutes, 29.33section 138.668, the Minnesota Historical 29.34Society may not charge a fee for its general 30.1tours at the Capitol, but may charge fees for 30.2special programs other than general tours.

30.3Subd. 3.Preservation and Access10,607,00010,396,000

30.4(a) $250,000 the first year is to conduct 30.5a conservation survey and for restoration, 30.6treatment, moving, and storage of the 1905 30.7historic furnishings and works of art in the 30.8Minnesota State Capitol. This is a onetime 30.9appropriation and is available until expended.30.10(b) $150,000 the first year is for the 30.11preservation of battle flags. This is a onetime 30.12appropriation and is available until expended.30.13(c) Funds may be reallocated between 30.14paragraphs (a) and (b) for the purpose of 30.15maximizing federal funds.

30.16Subd. 4.Fiscal Agent

30.17(a) Minnesota International Center43,00043,000

30.18(b) Minnesota Air National Guard Museum16,000-0-

30.19(c) Minnesota Military Museum100,000-0-

30.20(d) Farmamerica128,000128,000

30.21(e) Balances Forward

30.22Any unencumbered balance remaining in 30.23this subdivision the first year does not cancel 30.24but is available for the second year of the 30.25biennium.30.26(f) $75,000 the first year is for a onetime 30.27grant to the Nicollet County Historical 30.28Society for renovation of the center exhibit 30.29gallery in the Treaty Site History Center in 30.30St. Peter, including additions to the center's 30.31infrastructure and state-of-the-art interpretive 30.32elements. This appropriation is available 30.33until expended.31.1(g) $75,000 the first year is for a grant to 31.2the Hmong Studies Center at Concordia 31.3University in St. Paul, Minnesota, to be 31.4used for preservation of Hmong historical 31.5artifacts and documents. Any part of the 31.6appropriation not used in fiscal year 2008 is 31.7available for use in fiscal year 2009. This is 31.8a onetime appropriation and is available until 31.9expended.31.10(h) $75,000 the first year and $75,000 the 31.11second year are for a grant to the city of 31.12Eveleth to be used for the support of the 31.13Hockey Hall of Fame Museum provided 31.14that it continues to operate in the city. This 31.15grant is in addition to and must not be 31.16used to supplant funding under Minnesota 31.17Statutes, section 298.28, subdivision 9c. This 31.18appropriation is added to the society's base 31.19budget.

31.20Subd. 5.Fund Transfer

31.21The Minnesota Historical Society may 31.22reallocate funds appropriated in and between 31.23subdivisions 2 and 3 for any program 31.24purposes.

31.25Subd. 6.Minnesota River Valley Study Group

31.26The Minnesota Historical Society in 31.27cooperation with Explore Minnesota Tourism 31.28shall establish and coordinate a Minnesota 31.29River Valley study group. The Minnesota 31.30River Valley study group shall be comprised 31.31of representatives of the Minnesota Valley 31.32Scenic Byway Alliance, the Department 31.33of Natural Resources, the Department 31.34of Transportation, the Minnesota Indian 31.35Affairs Council, the Region 6 West, Region 32.16 East, Region 8 and Region 9 Regional 32.2Development Commissions, the Minnesota 32.3Historical Society, Explore Minnesota 32.4Tourism, State Arts Board, and other 32.5interested parties. The study group must 32.6develop a plan for coordinated activities 32.7among organizations represented on the 32.8study group to enhance and promote historic 32.9sites, and historic, scenic, and natural 32.10features of the Minnesota River Valley 32.11area. Study topics shall include, but are 32.12not limited to, historic sites related to the 32.13Dakota Conflict of 1862 and the state and 32.14local preparations for the sesquicentennial of 32.15this event. The Minnesota Historical Society 32.16and Explore Minnesota Tourism shall report 32.17on the findings and recommendations of 32.18the Minnesota River Valley study group to 32.19the standing committees of the house of 32.20representatives and senate with jurisdiction 32.21over historic sites and tourism by March 1, 32.222008. The Minnesota River Valley study 32.23group shall serve without compensation.

32.24Sec. 10. BOARD OF THE ARTS

32.25Subdivision 1.Total Appropriation$10,215,000$10,227,000

32.26If the appropriation for either year is 32.27insufficient, the appropriation for the other 32.28year is available.32.29The amounts that may be spent for each 32.30purpose are specified in the following 32.31subdivisions.

32.32Subd.  2.Operations and Services641,000651,000

32.33Subd. 3.Grants Program6,617,0006,617,000

33.1The base for this program is $6,477,000 each 33.2year in the 2010-2011 biennium.

33.3Subd.  4.Regional Arts Councils2,957,0002,959,000

33.4Sec. 11. BOARD OF ACCOUNTANCY$496,000$505,000

33.533.633.733.8Sec. 12. BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN$800,000$815,000

33.933.10Sec. 13. BOARD OF BARBER AND COSMETOLOGIST EXAMINERS$829,000$749,000

33.1133.12Sec. 14. MINNESOTA BOXING COMMISSION$50,000$-0-

33.13This is a onetime appropriation to transition 33.14the commission to being a self-funded entity.

33.1533.16Sec. 15. MINNESOTA HUMANITIES COMMISSION$250,000$250,000

33.17Of this amount, ten percent each year is 33.18for lifelong learning programs in greater 33.19Minnesota communities that do not 33.20receive financial support from other large 33.21educational institutions. The base budget 33.22for the Minnesota Humanities Commission 33.23is $250,000 each year in the 2010-2011 33.24biennium.

33.25Sec. 16. TRANSFERS

33.26The commissioner of labor and industry shall 33.27transfer $1,627,000 by June 30, 2008, and 33.28$1,515,000 by June 30, 2009, and each year 33.29thereafter, from the construction code fund to 33.30the general fund.33.31Of the balance remaining in Laws 2005, First 33.32Special Session chapter 1, article 3, section 34.12, subdivision 2, for the methamphetamine 34.2laboratory cleanup revolving loan fund, 34.3$100,000 is for transfer to the small 34.4community wastewater treatment account 34.5established in Minnesota Statutes, section 34.6446A.075, subdivision 1.34.7ARTICLE 234.8EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS34.9    Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a 34.10subdivision to read:34.11    Subd. 5.Data from safety and education programs for loggers.The following 34.12data collected from persons who attend safety and education programs or seminars for 34.13loggers established or approved by the commissioner under section 176.130, subdivision 34.1411, is public data:34.15    (1) the names of the individuals attending the program or seminar;34.16    (2) the names of each attendee's employer;34.17    (3) the city where the employer is located;34.18    (4) the date the program or seminar was held; and34.19    (5) a description of the seminar or program.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, and surcharges 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 to the commissioner.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.5935.28to 
         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 16B.59 to 16B.7536.15shall 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 16B.59 to 16B.75.36.18    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 for this program from any source is 36.24available for four years until spent.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 273.121, 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) (2) 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 by considering but not limited to the current 37.28market value of the site versus the cleanup cost;37.29    (5) the amount of cleanup costs for each site; and37.30    (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; and38.33    (5) redevelopment costs related to expansion of a bioscience business in Minnesota; 38.34and39.1    (5)(6) 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. The commissioner may consider other factors 39.6that affect the net return of public benefits for completion of the redevelopment plan. The 39.7commissioner, notwithstanding the listing of priorities and the goal of maximizing the 39.8return of public benefits, shall make grants that distribute available money to sites both 39.9within and outside of the metropolitan area. Unless sufficient applications are not received 39.10for qualifying sites outside of the metropolitan area, at least 50 percent of the money 39.11provided as grants must be made for sites located outside of the metropolitan area.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    (d) The Minnesota Trade Office shall serve as the state's office of protocol providing 40.21assistance to official visits by foreign government representatives and shall serve as liaison 40.22to the foreign diplomatic corps in Minnesota.40.23    Sec. 12. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision 40.24to read:40.25    Subd. 4.Workforce development intermediaries."Workforce development 40.26intermediaries" means public, private, or nonprofit entities that provide employment 40.27services to low-income individuals and have a demonstrated track record bringing together 40.28employers and workers, private and public funding streams, and other stakeholders to 40.29implement pathways to career advancement for low-income individuals. Entities may 40.30include, but are not limited to, nonprofit organizations, educational institutions, or the 40.31administrative entity of a local workforce service area.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 or to workforce development intermediaries 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; and41.14    (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 one-half-to-one 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) has been terminated or has received a notice of termination of employment as a 42.4result of a plant closing or a substantial layoff at a plant, facility, or enterprise;42.5    (4) 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; or42.8    (4) (5) 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; or43.11    (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, upon the advice of 43.24the affected local elected officials, 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. The interest 43.33rate charged by a nonprofit corporation for a loan under this subdivision must not exceed 43.34the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the 44.1nonprofit corporation may charge a loan origination fee equal to or less than one percent 44.2of the loan value. The nonprofit corporation may retain the amount of the origination fee. 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. [116O.115] SMALL BUSINESS GROWTH ACCELERATION 44.9PROGRAM.44.10    Subdivision 1.Establishment; purpose.The small business growth acceleration 44.11program is established. The purpose of the program is to (1) help qualified companies 44.12implement technology and business improvements; and (2) bridge the gap between 44.13standard market pricing for technology and business improvements and what qualified 44.14companies can afford to pay.44.15    Subd. 2.Qualified company.A company is qualified to receive assistance under 44.16the small business growth acceleration program if it is a manufacturing company or a 44.17manufacturing-related service company that employs 100 or fewer full-time equivalent 44.18employees.44.19    Subd. 3.Applications for assistance.A company seeking assistance under the 44.20small business growth acceleration program must file an application according to the 44.21requirements of the corporation. A company's application for small business growth 44.22acceleration program assistance must include documentation of the company's overall plan 44.23for technology and business improvement and prioritize the components of the overall 44.24plan. The application must also document the company's need for small business growth 44.25acceleration program funds in order to carry forward the highest priority components of 44.26the plan.44.27    Subd. 4.Fund awards; use of funds.(a) The corporation shall establish 44.28procedures for determining which applicants for assistance under the small business 44.29growth acceleration program will receive program funding. Funding shall be awarded 44.30only to accelerate a qualified company's adoption of needed technology or business 44.31improvements when the corporation concludes that it is unlikely the improvements could 44.32be accomplished in any other way.44.33    (b) The maximum amount of funds awarded to a qualified company under the small 44.34business growth acceleration program for a particular project must not exceed 50 percent 44.35of the total cost of a project and must not under any circumstances exceed $25,000 during 45.1a calendar year. The corporation shall not award to a qualified company small business 45.2growth acceleration program funds in excess of $50,000 per year.45.3    (c) Any funds awarded to a qualified company under the small business growth 45.4acceleration program must be used for business services and products that will enhance the 45.5operation of the company. These business services and products must come either directly 45.6from the corporation or from a network of expert providers identified and approved by 45.7the corporation. No company receiving small business growth acceleration program 45.8funds may use the funds for refinancing, overhead costs, new construction, renovation, 45.9equipment, or computer hardware.45.10    (d) Any funds awarded must be disbursed to the qualified company as reimbursement 45.11documented according to requirements of the corporation.45.12    Subd. 5.Service agreements.The corporation shall enter a written service 45.13agreement with each company awarded funds under the small business growth acceleration 45.14program. Each service agreement shall clearly articulate the company's need for service, 45.15state the cost of the service, identify who will provide the service, and define the scope of 45.16the service that will be provided. The service agreement must also include an estimate 45.17of the financial impact of the service on the company and require the company to report 45.18the actual financial impact of the service to the corporation 24 months after the service is 45.19provided.45.20    Subd. 6.Reporting.The corporation shall report annually to the legislative 45.21committees with fiscal jurisdiction over the Department of Employment and Economic 45.22Development:45.23    (1) the funds awarded under the small business growth acceleration program during 45.24the past 12 months;45.25    (2) the estimated financial impact of the funds awarded to each company receiving 45.26service under the program; and45.27    (3) the actual financial impact of funds awarded during the past 24 months.45.28    Sec. 19. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.45.29    Subdivision 1.Definition.For the purpose of this section, "employer" means an 45.30employer in the meatpacking industry.45.31    Subd. 2.Right to adequate equipment.An employer must furnish its employees 45.32with equipment to safely perform their jobs under OSHA standards.45.33    Subd. 3.Information provided to employee by employer.(a) An employer 45.34must provide an explanation in an employee's native language of the employee's rights 46.1and duties as an employee either person to person or through written materials that, at a 46.2minimum, include:46.3    (1) a complete description of the salary and benefits plans as they relate to the 46.4employee;46.5    (2) a job description for the employee's position;46.6    (3) a description of leave policies;46.7    (4) a description of the work hours and work hours policy; and46.8    (5) a description of the occupational hazards known to exist for the position.46.9    (b) The explanation must also include information on the following employee rights 46.10as protected by state or federal law and a description of where additional information 46.11about those rights may be obtained:46.12    (1) the right to organize and bargain collectively and refrain from organizing and 46.13bargaining collectively;46.14    (2) the right to a safe workplace; and46.15    (3) the right to be free from discrimination.46.16    Subd. 4.Commissioner duties.The commissioner of labor and industry in 46.17consultation with the commissioner of human rights must develop and implement a 46.18strategy to assist employers in providing adequate notice and education to employees of 46.19their rights under this section. The commissioner shall assign the duty to implement 46.20the strategy to a specific identified position in the department. The position, along with 46.21contact information, must be included on printed materials the department prepares and 46.22distributes to carry out the commissioner's duties under this section.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. Arbitrator application fees will be $100 per year for initial applications and 47.14renewals effective July 1, 2007;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; or47.33    (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. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE 48.5PRESENCE OF LIQUOR.48.6    No minor under the age of 18 shall be employed in any rooms constituting the place 48.7in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any 48.8tasks involving the serving, dispensing, or handling of such liquors that are consumed on 48.9the premises except that:48.10    (1) minors who have reached the age of 16 may be employed to perform busing, 48.11dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or 48.12resort where the presence of intoxicating liquor is incidental to food service or preparation; 48.13    (2) minors who have reached the age of 16 may be employed to perform busing, 48.14dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas 48.15where the presence of 3.2 percent malt liquor is incidental to food service or preparation;48.16    (3) minors who have reached the age of 16 may be employed to provide musical 48.17entertainment in those rooms or areas where the presence of intoxicating liquor and 3.248.18percent malt liquor is incidental to food service or preparation; and 48.19    (4) minors are not prevented from working at tasks which are not prohibited by law 48.20in establishments where liquor is sold, served, dispensed, or handled in those rooms or 48.21areas where no liquor is consumed or served.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 locating 49.24enforcement personnel in areas of the state with a higher incidence of workplace fatalities, 49.25injuries, and complaints and 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; and49.35    (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. [182.6551] CITATION.50.2    Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."50.3    Sec. 24. [182.6552] DEFINITIONS.50.4    Subdivision 1.Direct patient care worker."Direct patient care worker" means an 50.5individual doing the job of directly providing physical care to patients including nurses, as 50.6defined by section 148.171, who provide physical care to patients.50.7    Subd. 2.Health care facility."Health care facility" means a hospital as defined in 50.8section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55, 50.9subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.50.10    Subd. 3.Safe patient handling."Safe patient handling" means a process, based on 50.11scientific evidence on causes of injuries, that uses safe patient handling equipment rather 50.12than people to transfer, move, and reposition patients in all health care facilities to reduce 50.13workplace injuries. This process also reduces the risk of injury to patients.50.14    Subd. 4.Safe patient handling equipment."Safe patient handling equipment" 50.15means engineering controls, lifting and transfer aids, or mechanical assistive devices used 50.16by nurses and other direct patient care workers instead of manual lifting to perform the 50.17acts of lifting, transferring, and repositioning health care facility patients and residents.50.18    Sec. 25. [182.6553] SAFE PATIENT HANDLING PROGRAM.50.19    Subdivision 1.Safe patient handling program required.(a) By July 1, 2008, 50.20every licensed health care facility in the state shall adopt a written safe patient handling 50.21policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing 50.22manual lifting of patients by nurses and other direct patient care workers by utilizing 50.23safe patient handling equipment.50.24    (b) The program shall address:50.25    (1) assessment of hazards with regard to patient handling;50.26    (2) the acquisition of an adequate supply of appropriate safe patient handling 50.27equipment;50.28    (3) initial and ongoing training of nurses and other direct patient care workers on 50.29the use of this equipment;50.30    (4) procedures to ensure that physical plant modifications and major construction 50.31projects are consistent with program goals; and 50.32    (5) periodic evaluations of the safe patient handling program.50.33    Subd. 2.Safe patient handling committee.(a) By July 1, 2008, every licensed 50.34health care facility in the state shall establish a safe patient handling committee either by 51.1creating a new committee or assigning the functions of a safe patient handling committee 51.2to an existing committee.51.3    (b) Membership of a safe patient handling committee or an existing committee must 51.4meet the following requirements: 51.5    (1) at least half the members shall be nonmanagerial nurses and other direct patient 51.6care workers; and 51.7    (2) in a health care facility where nurses and other direct patient care workers 51.8are covered by a collective bargaining agreement, the union shall select the committee 51.9members proportionate to its representation of nonmanagerial workers, nurses, and other 51.10direct patient care workers.51.11    (c) A health care organization with more than one covered health care facility may 51.12establish a committee at each facility or one committee to serve this function for all the 51.13facilities. If the organization chooses to have one overall committee for multiple facilities, 51.14at least half of the members of the overall committee must be nonmanagerial nurses and 51.15other direct patient care workers and each facility must be represented on the committee.51.16    (d) Employees who serve on a safe patient handling committee must be compensated 51.17by their employer for all hours spent on committee business.51.18    Subd. 3.Facilities with existing programs.A facility that has already adopted a 51.19safe patient handling policy that satisfies the requirements of subdivision 1, and established 51.20a safe patient handling committee by July 1, 2008, is considered to be in compliance 51.21with those requirements. The committee must continue to satisfy the requirements of 51.22subdivision 2, paragraph (b), on an ongoing basis. 51.23    Subd. 4.Committee duties.A safe patient handling committee shall:51.24    (1) complete a patient handling hazard assessment that: 51.25    (i) considers patient handling tasks, types of nursing units, patient populations, and 51.26the physical environment of patient care areas; 51.27    (ii) identifies problems and solutions; 51.28    (iii) identifies areas of highest risk for lifting injuries; and 51.29    (iv) recommends a mechanism to report, track, and analyze injury trends;51.30    (2) make recommendations on the purchase, use, and maintenance of an adequate 51.31supply of appropriate safe patient handling equipment;51.32    (3) make recommendations on training of nurses and other direct patient care 51.33workers on use of safe patient handling equipment, initially when the equipment arrives at 51.34the facility and periodically afterwards;51.35    (4) conduct annual evaluations of the safe patient handling implementation plan and 51.36progress toward goals established in the safe patient handling policy; and52.1    (5) recommend procedures to ensure that, when remodeling of patient care areas 52.2occurs, the plans incorporate safe patient handling equipment or the physical space and 52.3construction design needed to accommodate safe patient handling equipment at a later date.52.4    Subd. 5.Training materials.The commissioner shall make training materials on 52.5implementation of this section available to all health care facilities at no cost as part of the 52.6training and education duties of the commissioner under section 182.673.52.7    Subd. 6.Enforcement.This section shall be enforced by the commissioner under 52.8section 182.661. A violation of this section is subject to the penalties provided under 52.9section 182.666.52.10    Subd. 7.Grant program.The commissioner may make grants to health care 52.11facilities to acquire safe patient handling equipment and for training on safe patient 52.12handling and safe patient handling equipment. Grants to any one facility may not exceed 52.13$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The 52.14commissioner shall establish a grant application process. The commissioner may give 52.15priority for grants to facilities that demonstrate that acquiring safe patient handling 52.16equipment will impose a financial hardship on the facility. For health care facilities 52.17that provide evidence of hardship, the commissioner may waive the 50 percent match 52.18requirement and may grant such a facility more than $40,000. Health care facilities that 52.19the commissioner determines are experiencing hardship shall not be required to meet the 52.20safe patient handling requirements until July 1, 2012.52.21    Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision 52.22to read:52.23    Subd. 5.Unemployment insurance benefits telephone system.The commissioner 52.24must ensure that the telephone system used for unemployment insurance benefits provides 52.25an option for any caller to speak to an unemployment insurance specialist. An individual 52.26who calls any of the publicized telephone numbers seeking information about applying for 52.27benefits or on the status of a claim must have the option to speak on the telephone to a 52.28specialist who can provide direct assistance or can direct the caller to the person or office 52.29that is able to respond to the caller's needs.52.30    Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:52.31    Subd. 13. Supported employment.(a) "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; and53.6    (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    (b) If the commissioner has certified a rehabilitation facility setting as integrated, 53.9then employment at that site may be considered supported employment.53.10    Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a 53.11subdivision to read:53.12    Subd. 14.Affirmative business enterprise employment."Affirmative business 53.13enterprise employment" means employment which provides paid work on the premises of 53.14an affirmative business enterprise as certified by the commissioner.53.15    Affirmative business enterprise employment is considered community employment 53.16for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided 53.17that the wages for individuals reported must be at or above customary wages for the 53.18same employer. The employer must also provide one benefit package that is available to 53.19all employees.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 nineseven voting 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 268A.06 to 268A.15 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    Subd. 9.Integrated setting.At the commissioner's discretion, paid work on the 54.12premises of a rehabilitation facility may be certified as an integrated setting after a site 54.13review by the department.54.14    Sec. 31. [325E.60] RESTROOM ACCESS.54.15    Subdivision 1.Short title.This section may be cited as the Restroom Access Act.54.16    Subd. 2.Definitions.For purposes of this section:54.17    (a) "Customer" means an individual who is lawfully on the premises of a retail 54.18establishment.54.19    (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other 54.20inflammatory bowel disease, irritable bowel syndrome, or any other medical condition 54.21that requires immediate access to a restroom facility.54.22    (c) "Retail establishment" means a place of business open to the general public for 54.23the sale of goods or services. Retail establishment does not include a filling station or 54.24service station with a structure of 800 square feet or less that has an employee restroom 54.25facility located within that structure.54.26    Subd. 3.Retail establishment; customer access to restroom facilities.A retail 54.27establishment that has a restroom facility for its employees shall allow a customer to 54.28use that facility during normal business hours if the restroom facility is reasonably safe 54.29and all of the following conditions are met:54.30    (1) the customer requesting the use of the employee restroom facility suffers from an 54.31eligible medical condition or uses an ostomy device, provided that the existence of the 54.32condition or device is documented in writing by the customer's physician or a nonprofit 54.33organization whose purpose includes serving individuals who suffer from the condition;55.1    (2) three or more employees of the retail establishment are working at the time the 55.2customer requests use of the employee restroom facility;55.3    (3) the retail establishment does not normally make a restroom available to the 55.4public;55.5    (4) the employee restroom facility is not located in an area where providing access 55.6would create an obvious health or safety risk to the customer or an obvious security risk 55.7to the establishment; and55.8    (5) a public restroom is not immediately accessible to the customer.55.9    Subd. 4.Liability.(a) A retail establishment or an employee of a retail 55.10establishment is not civilly liable for an act or omission in allowing a customer who 55.11claims to have an eligible medical condition to use an employee restroom facility that is 55.12not a public restroom if the act or omission:55.13    (1) is not negligent;55.14    (2) occurs in an area of the retail establishment that is not accessible to the public; and55.15    (3) results in an injury to or death of the customer or an individual other than an 55.16employee accompanying the customer.55.17    (b) This section does not require a retail establishment to make any physical changes 55.18to an employee restroom facility.55.19    Subd. 5.Violation.For a first violation of this section, the city or county attorney 55.20shall issue a warning letter to the retail establishment or employee informing the 55.21establishment or employee of the requirements of this section. A retail establishment or an 55.22employee of a retail establishment that violates this section after receiving a warning letter 55.23is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50.55.24    Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision 55.25to read:55.26    Subd. 5.Local planning assistance.A regional development commission or, 55.27in regions not served by regional development commissions, a regional organization 55.28selected by the commissioner of employment and economic development, may develop a 55.29program to support planning on behalf of local units of government. The local planning 55.30must be related to issues of regional or statewide significance and may include, but is not 55.31limited to, the following:55.32    (1) local planning and development assistance, which may include local zoning 55.33ordinances and land use plans;56.1    (2) community or economic development plans, which may include workforce 56.2development plans, housing development plans and market analysis, JOBZ administration, 56.3grant writing assistance, and grant administration;56.4    (3) environment and natural resources plans, which may include solid waste 56.5management plans, wastewater management plans, and renewable energy development 56.6plans;56.7    (4) rural community health services; and56.8    (5) development of geographical information systems to serve regional needs, 56.9including hardware and software purchases and related labor costs.56.10    Each regional development commission or organization shall submit to the 56.11commissioner of employment and economic development an annual work program 56.12that outlines the work items for the upcoming year and establishes the relationship of 56.13the work items to development issues of regional or statewide significance. The entity 56.14completing the annual work program and identifying the statewide development issues 56.15shall consider input from the Departments of Employment and Economic Development, 56.16Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as 56.17appropriate to the issues.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 may 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; 57.5and57.6    (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; and57.31    (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) only after 58.9the commissioner of employment and economic development has established criteria for 58.10expanding the number of zones. The criteria must limit designating a new zone to a 58.11community that has adequate resources and infrastructure to support bioindustry, including 58.12postsecondary institutions, strong health care systems, and existing bioscience companies. 58.13It must also require that a new zone be located on a transportation corridor.58.14    Sec. 34. WORKFORCE ENHANCEMENT FEE.58.15    If the commissioner of employment and economic development determines that 58.16the need for services under the dislocated worker program substantially exceeds the 58.17resources that will be available for the program, the commissioner may increase the 58.18special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no 58.19more than .12 percent of taxable wages.58.20    Sec. 35. FEDERAL PROCUREMENT LIAISON.58.21    The commissioner of employment and economic development must establish and 58.22operate a technology and commercialization unit in the Department of Employment and 58.23Economic Development. Appropriation for this purpose must be used to: coordinate 58.24public and private efforts to procure federal funding for collaborative research and 58.25development projects of primary benefit to small- and medium-sized businesses; promote 58.26contractual relationships between Minnesota businesses who, as recipients of federal 58.27grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess 58.28the research and development capabilities of small- and medium-sized businesses; 58.29undertake referral activities to link Minnesota companies with federal requests for 58.30proposal opportunities; and develop a framework for Minnesota companies to establish 58.31sole-sourcing relationships with federal agencies.58.32    The commissioner must report to the committees in the house of representatives and 58.33the senate having jurisdiction over bioscience and technology issues on the activities of 58.34the technology and commercialization unit by June 30 of each year.59.1    Sec. 36. WORKING GROUP ON STATE ROLE IN TRADE POLICY.59.2    Subdivision 1.Work group members.The Department of Employment and 59.3Economic Development must convene a working group to develop recommendations for 59.4establishing policies and procedures regarding the role of the state in federal trade policy 59.5and trade agreements. The working group must be comprised of 17 members as follows:59.6    (1) the governor or his designee;59.7    (2) the commissioner of the Department of Employment and Economic Development 59.8or his designee;59.9    (3) the commissioner of the Department of Agriculture or his designee;59.10    (4) the commissioner of the Department of Administration or his designee;59.11    (5) the attorney general or her designee;59.12    (6) two members of the Minnesota senate one of whom is appointed by the senate 59.13majority leader and one appointed by the minority leader;59.14    (7) two members of the Minnesota house of representatives, one of whom is 59.15appointed by the speaker and one appointed by the minority leader;59.16    (8) two members designated by the Minnesota AFL-CIO;59.17    (9) two members representing labor organizations other than the AFL-CIO with one 59.18to be appointed by the speaker of the Minnesota house of representatives and one to be 59.19appointed by the majority leader of the Minnesota senate;59.20    (10) two members designated by the Minnesota Chamber of Commerce; and59.21    (11) two members representing business organizations other than the Minnesota 59.22Chamber of Commerce appointed by the governor.59.23    The Department of Employment and Economic Development must provide 59.24administrative support to the working group. 59.25    Subd. 2.Duties; responsibilities.The working group may obtain input from other 59.26state and federal agencies as appropriate and may conduct public hearings to allow input 59.27from interested stakeholders. The working group must:59.28    (1) determine the state's jurisdiction regarding federal trade policy and trade 59.29agreements;59.30    (2) assess the state's current policies, procedures, roles and responsibilities for 59.31providing advice and consent on federal trade policy and trade agreements;59.32    (3) review the current means through which the state interacts with the Office of 59.33the United States Trade Representative (USTR) and Congress regarding trade policy and 59.34trade agreements;59.35    (4) inventory the federal trade policies and trade agreements that the state of 59.36Minnesota has formally approved or signed on to;60.1    (5) examine trade policy models established by other states;60.2    (6) develop recommendations for defining responsibilities and procedures for the 60.3state's role in federal trade policy and trade agreements; and60.4    (7) prepare legislative recommendations to implement the recommendations of 60.5the working group.60.6    The working group must report its findings and recommendations to the governor 60.7and the legislature by December 1, 2007.60.8    Sec. 37. STUDY; SAFE PATIENT HANDLING.60.9    (a) The commissioner of labor and industry shall study ways to require workers' 60.10compensation insurers to recognize compliance with Minnesota Statutes, section 60.11182.6553, in the workers' compensation premiums of health care and long-term care 60.12facilities. The commissioner shall report by January 15, 2008, the results of the study 60.13to the chairs of the policy committees of the legislature with primary jurisdiction over 60.14workers' compensation issues.60.15    (b) By January 15, 2008, the commissioner must make recommendations to the 60.16legislature regarding funding sources available to health care facilities for safe patient 60.17handling programs and equipment, including, but not limited to, low interest loans, interest 60.18free loans, and federal, state, or county grants.60.19    Sec. 38. WORK GROUP; SAFE PATIENT HANDLING.60.20    The Minnesota State Council on Disability shall convene a work group comprised 60.21of representatives from the Minnesota Medical Association and other organizations 60.22representing clinics, disability advocates, and direct care workers, to do the following:60.23    (1) assess the current options for and use of safe patient handling equipment in 60.24unlicensed outpatient clinics, physician offices, and dental settings;60.25    (2) identify barriers to the use of safe patient handling equipment in these settings; 60.26and60.27    (3) define clinical settings that move patients to determine applicability of the Safe 60.28Patient Handling Act.60.29    The work group must report to the legislature by January 15, 2008, including 60.30reports to the chairs of the senate and house of representatives committees on workforce 60.31development.60.32    Sec. 39. EFFECT ON RULES.61.1    The commissioner of labor and industry shall amend Minnesota Rules, part 61.25200.0910, to conform to Minnesota Statutes, section 181A.115. The commissioner 61.3may use the good cause exemption in Minnesota Statutes, section 14.388, in adopting 61.4the amendment required by this section.61.5    Sec. 40. PUBLIC FACILITIES AUTHORITY FUNDING.61.6    To the greatest practical extent, projects on the Public Facilities Authority's 2007 61.7intended use plan, the listings for which were based on the Pollution Control Agency's 61.82006 project priority list, shall be carried over to the 2008 intended use plan. Projects that 61.9qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258, 61.10section 21, that could not be certified by the Pollution Control Agency by the applicable 61.11deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court 61.12issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to 61.13obtain the required certification from the Pollution Control Agency.61.14    Sec. 41.  REPEALER.61.15(a) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision 61.162; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; and 326.64,61.17are repealed.61.18(b) Minnesota Statutes 2006, section 326.975, is repealed effective December 61.191, 2007.61.20ARTICLE 361.21LICENSING AND WAGES61.22    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 commissioner 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 field61.30for which the commissioner has final interpretative authority. A requestThe Plumbing 61.31Board has final interpretative authority applicable to the state Plumbing Code and shall 61.32review requests for final interpretation made to the board that relate to the state plumbing 61.33code. The Board of Electricity has final interpretative authority applicable to the state 62.1Electrical Code and shall review requests for final interpretation made to the board that 62.2relate to the state Electrical Code.  The Board of High Pressure Piping Systems has final 62.3interpretative authority applicable to the state High Pressure Piping Code and shall review 62.4requests for final interpretation made to the board that relate to the state high pressure 62.5piping code. Except for requests for final interpretations that relate to the state plumbing 62.6code, the state Electrical Code, and the state High Pressure Piping Code, requests for final 62.7interpretation must come from a local or state level building code board of appeals. The 62.8state building official commissioner must establish procedures for membership of the final 62.9interpretative committees. The appropriate committee shall review the request and make 62.10a recommendation to the state building official commissioner for the final interpretation 62.11within 30 days of the request. The state building official commissioner must issue an a final62.12interpretation within ten business days from after the receipt of the recommendation from 62.13the reviewfinal interpretative committee. A The Plumbing Board, the Board of Electricity, 62.14or the Board of High Pressure Piping Systems shall review a request and issue a final 62.15interpretation within 30 days of the request. Any person aggrieved by final interpretation 62.16may be appealed appeal within 30 days of its issuance to by the commissioner under 62.17section 16B.67 or the board in accordance with chapter 14. 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 commissioner until the final interpretations are considered by 62.21the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High 62.22Pressure Piping Systems for adoption as part of the State Building Code, state Plumbing 62.23Code, state Electrical Code, or the High Pressure Piping Code. 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; and63.14    (20) home study course, $75; and63.15    (21) registration of hair braiders, $20 per year.63.16    Sec. 3. [154.465] HAIR BRAIDING.63.17    Subdivision 1.Registration.Any person engaged in hair braiding solely for 63.18compensation as a profession, except persons licensed as cosmetologists, shall register 63.19with the Minnesota Board of Barber and Cosmetology Examiners in a form determined 63.20by the board.63.21    Subd. 2.Definition."Hair braiding" means a natural form of hair manipulation that 63.22results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, 63.23locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic 63.24fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by 63.25hand and by only using simple braiding devices, and maintenance thereof. Hair braiding 63.26includes what is commonly known as "African-style hair braiding" or "natural hair care" 63.27but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. 63.28Hair braiding includes the making of customized wigs from natural hair, natural fibers, 63.29synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such 63.30as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not 63.31involve the use of penetrating chemical hair treatments, chemical hair coloring agents, 63.32chemical hair straightening agents, chemical hair joining agents, permanent wave styles, 63.33or chemical hair bleaching agents applied to growing human hair. For purposes of this 63.34section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins, 64.1rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that 64.2are required solely for hair braiding.64.3    Subd. 3.Requirements.In order to qualify for initial registration, any person 64.4engaged in hair braiding solely for compensation as a profession, except persons licensed 64.5as cosmetologists, shall satisfactorily complete instruction at either an accredited school, 64.6professional association, or by an individual approved by the board. Instruction includes 64.7coursework covering the topics of health, safety, sanitation, and state laws related to 64.8cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in 64.9a foreign language format and such availability shall be reported to and posted by the 64.10Minnesota Board of Barber and Cosmetology Examiners.64.11    Subd. 4.Curriculum.An accredited school, professional association, or an 64.12individual approved by the board desiring to provide the coursework required under 64.13subdivision 3 shall have curriculum in place by January 1, 2008.64.14EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is 64.15effective the day following final enactment.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 
         177.35 177.435. 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 
         177.35 177.435, 
         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 
         177.3565.8177.44 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 65.10177.35177.44 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 
         177.35177.44 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 
         177.35177.44 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 
         177.35 177.44, 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 
         177.35177.44 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; and66.8    (4) for each employer subject to sections 177.41 to 177.44, and while performing 66.9work on public works projects funded in whole or in part with state funds, the prevailing 66.10wage master job classification of each employee working on the project for each hour 66.11worked; and66.12    (4) (5) 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 except each employer subject to sections 177.41 to 66.15177.44, and while performing work on public works projects funded in whole or in part 66.16with state funds, the records must be kept for three years after the contracting authority 66.17has made final payment on the public works project. 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. The contract must also 66.26provide that the contracting agency shall demand, and the contractor and subcontractor 66.27shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days 66.28after the end of each pay period. The payrolls must contain all the data required by section 66.29177.30. The contracting authority may examine all records relating to wages paid laborers 66.30or mechanics on work to which sections 177.41 to 177.44 apply.66.31    Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:66.32    Subd. 4. Determination by commissioner; posting; petition for reconsideration.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 commissionerEach contractor and subcontractor performing work 67.3on a public project 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; investigation by the department. 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. The department 67.15shall employ at least three investigators to perform on-site project reviews, receive and 67.16investigate complaints of violations of this section, and conduct training and outreach to 67.17contractors and contracting authorities for public works projects financed in whole or 67.18in part with state funds.67.19    Sec. 14. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision 67.20to read:67.21    Subd. 6a.Prevailing wage violations.Upon issuing a compliance order to an 67.22employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to 67.23177.44, the commissioner shall issue a withholding order to the contracting authority 67.24ordering the contracting authority to withhold payment of sufficient sum to the prime 67.25or general contractor on the project to satisfy the back wages assessed or otherwise 67.26cure the violation, and the contracting authority must withhold the sum ordered until 67.27the compliance order has become a final order of the commissioner and has been fully 67.28paid or otherwise resolved by the employer.67.29    During an investigation of a violation of sections 177.41 to 177.44 which the 67.30commissioner reasonably determines is likely to result in the finding of a violation of 67.31sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section 67.32177.27, subdivision 4, the commissioner may notify the contracting authority of the 67.33determination and the amount expected to be assessed and the contracting authority shall 68.1give the commissioner 90 days' prior notice of the date the contracting authority intends to 68.2make final payment.68.3    Sec. 15. [181.723] INDEPENDENT CONTRACTORS.68.4    Subdivision 1. Definitions.The definitions in this subdivision apply to this section.68.5    (a) "Person" means any individual, limited liability corporation, corporation, 68.6partnership, incorporated or unincorporated association, sole proprietorship, joint stock 68.7company, or any other legal or commercial entity.68.8    (b) "Department" means the Department of Labor and Industry.68.9    (c) "Commissioner" means the commissioner of labor and industry or a duly 68.10designated representative of the commissioner who is either an employee of the 68.11Department of Labor and Industry or person working under contract with the Department 68.12of Labor and Industry.68.13    (d) "Individual" means a human being.68.14    (e) "Day" means calendar day unless otherwise provided.68.15    (f) "Knowingly" means knew or could have known with the exercise of reasonable 68.16diligence.68.17    (g) "Document" or "documents" includes papers; books; records; memoranda; data; 68.18contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; 68.19records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars 68.20maintained in any form or manner.68.21    Subd. 2.Limited application.This section only applies to individuals performing 68.22public or private sector commercial or residential building construction or improvement 68.23services.68.24    Subd. 3.Employee-employer relationship.Except as provided in subdivision 68.254, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an 68.26individual who performs services for a person that are in the course of the person's trade, 68.27business, profession, or occupation is an employee of that person and that person is an 68.28employer of the individual.68.29    Subd. 4.Independent contractor.An individual is an independent contractor and 68.30not an employee of the person for whom the individual is performing services in the course 68.31of the person's trade, business, profession, or occupation only if (1) the individual holds 68.32a current independent contractor exemption certificate issued by the commissioner; and 68.33(2) the individual is performing services for the person under the independent contractor 68.34exemption certificate as provided in subdivision 6. The requirements in clauses (1) and (2) 68.35must be met in order to qualify as an independent contractor and not as an employee of 69.1the person for whom the individual is performing services in the course of the person's 69.2trade, business, profession, or occupation.69.3    Subd. 5.Application.To obtain an independent contractor exemption certificate, 69.4the individual must submit, in the manner prescribed by the commissioner, a complete 69.5application and the certificate fee required under subdivision 14.69.6    (a) A complete application must include all of the following information:69.7    (1) the individual's full name;69.8    (2) the individual's residence address and telephone number;69.9    (3) the individual's business name, address, and telephone number;69.10    (4) the services for which the individual is seeking an independent contractor 69.11exemption certificate;69.12    (5) the individual's Social Security number;69.13    (6) the individual's or the individual's business federal employer identification 69.14number, if a number has been issued to the individual or the individual's business;69.15    (7) any information or documentation that the commissioner requires by rule that 69.16will assist the department in determining whether to grant or deny the individual's 69.17application; and69.18    (8) the individual's sworn statement that the individual meets all of the following 69.19conditions:69.20    (i) maintains a separate business with the individual's own office, equipment, 69.21materials, and other facilities;69.22    (ii) holds or has applied for a federal employer identification number or has filed 69.23business or self-employment income tax returns with the federal Internal Revenue Service 69.24if the person has performed services in the previous year for which the individual is 69.25seeking the independent contractor exemption certificate;69.26    (iii) operates under contracts to perform specific services for specific amounts of 69.27money and under which the individual controls the means of performing the services;69.28    (iv) incurs the main expenses related to the service that the individual performs 69.29under contract;69.30    (v) is responsible for the satisfactory completion of services that the individual 69.31contracts to perform and is liable for a failure to complete the service;69.32    (vi) receives compensation for service performed under a contract on a commission 69.33or per-job or competitive bid basis and not on any other basis;69.34    (vii) may realize a profit or suffer a loss under contracts to perform service;69.35    (viii) has continuing or recurring business liabilities or obligations; and70.1    (ix) the success or failure of the individual's business depends on the relationship of 70.2business receipts to expenditures.70.3    (b) Individuals who are applying for or renewing a residential building contractor 70.4or residential remodeler license under sections 326.83 to 326.992 and any rules 70.5promulgated pursuant thereto may simultaneously apply for or renew an independent 70.6contractor exemption certificate. The commissioner shall create an application form 70.7that allows for the simultaneous application for both a residential building contractor 70.8or residential remodeler license and an independent contractor exemption certificate. 70.9If individuals simultaneously apply for or renew a residential building contractor or 70.10residential remodeler license and an independent contractor exemption certificate using 70.11the form created by the commissioner, individuals shall only be required to provide, in 70.12addition to the information required by section 326.89 and rules promulgated pursuant 70.13thereto, the sworn statement required by paragraph (a), clause (8), and any additional 70.14information required by this subdivision that is not also required by section 326.89 and 70.15any rules promulgated thereto. When individuals submit a simultaneous application on the 70.16form created by the commissioner for both a residential building contractor or residential 70.17remodeler license and an independent contractor exemption certificate, the application 70.18fee shall be $150. An independent contractor exemption certificate that is in effect 70.19before March 1, 2009, shall remain in effect until March 1, 2011, unless revoked by the 70.20commissioner or cancelled by the individual.70.21    (c) Within 30 days of receiving a complete application and the certificate fee, the 70.22commissioner must either grant or deny the application. The commissioner may deny 70.23an application for an independent contractor exemption certificate if the individual has 70.24not submitted a complete application and certificate fee or if the individual does not 70.25meet all of the conditions for holding the independent contractor exemption certificate. 70.26The commissioner may revoke an independent contractor exemption certificate if the 70.27commissioner determines that the individual no longer meets all of the conditions for 70.28holding the independent contractor exemption certificate, commits any of the actions 70.29set out in subdivision 7, or fails to cooperate with a department investigation into the 70.30continued validity of the individual's certificate. Once issued, an independent contractor 70.31exemption certificate remains in effect for two years unless:70.32    (1) revoked by the commissioner; or70.33    (2) canceled by the individual.70.34    (d) If the department denies an individual's original or renewal application for 70.35an independent contractor exemption certificate or revokes an independent contractor 70.36exemption certificate, the commissioner shall issue to the individual an order denying or 71.1revoking the certificate. The commissioner may issue an administrative penalty order to 71.2an individual or person who commits any of the actions set out in subdivision 7.71.3    (e) An individual or person to whom the commissioner issues an order under 71.4paragraph (d) shall have 30 days after service of the order to request a hearing. The 71.5request for hearing must be in writing and must be served on or faxed to the commissioner 71.6at the address or facsimile number specified in the order by the 30th day after service of 71.7the order. If the individual does not request a hearing or if the individual's request for a 71.8hearing is not served on or faxed to the commissioner by the 30th day after service of the 71.9order, the order shall become a final order of the commissioner and will not be subject to 71.10review by any court or agency. The date on which a request for hearing is served by mail 71.11shall be the postmark date on the envelope in which the request for hearing is mailed. If 71.12the individual serves or faxes a timely request for hearing, the hearing shall be a contested 71.13case hearing and shall be held in accordance with chapter 14.71.14    Subd. 6.Performing services under exemption certificate.An individual is 71.15performing services for a person under an independent contractor exemption certificate if:71.16    (a) the individual is performing services listed on the individual's independent 71.17contractor exemption certificate; and71.18    (b) at the time the individual is performing services listed on the individual's 71.19independent contractor exemption certificate, the individual meets all of the following 71.20conditions:71.21    (1) maintains a separate business with the individual's own office, equipment, 71.22materials, and other facilities;71.23    (2) holds or has applied for a federal employer identification number or has filed 71.24business or self-employment income tax returns with the federal Internal Revenue Service 71.25if the individual performed services in the previous year for which the individual has the 71.26independent contractor exemption certificate;71.27    (3) is operating under contract to perform the specific services for the person 71.28for specific amounts of money and under which the individual controls the means of 71.29performing the services;71.30    (4) is incurring the main expenses related to the services that the individual is 71.31performing for the person under the contract;71.32    (5) is responsible for the satisfactory completion of the services that the individual 71.33has contracted to perform for the person and is liable for a failure to complete the services;71.34    (6) receives compensation from the person for the services performed under the 71.35contract on a commission or per-job or competitive bid basis and not on any other basis;72.1    (7) may realize a profit or suffers a loss under the contract to perform services for 72.2the person;72.3    (8) has continuing or recurring business liabilities or obligations; and72.4    (9) the success or failure of the individual's business depends on the relationship of 72.5business receipts to expenditures.72.6    Subd. 7.Prohibited activities.(a) An individual shall not:72.7    (1) perform work as an independent contractor who meets the qualifications under 72.8subdivision 6 without first obtaining from the department an independent contractor 72.9exemption certificate;72.10    (2) perform work as an independent contractor when the department has denied or 72.11revoked the individual's independent contractor exemption certificate;72.12    (3) transfer to another individual or allow another individual to use the individual's 72.13independent contractor exemption certificate;72.14    (4) alter or falsify an independent contractor exemption certificate;72.15    (5) misrepresent the individual's status as an independent contractor; or72.16    (6) make a false material statement, representation, or certification; omit material 72.17information; or alter, conceal, or fail to file a document required by this section or any rule 72.18promulgated by the commissioner under rulemaking authority set out in this section.72.19    (b) A person shall not:72.20    (1) require an individual through coercion, misrepresentation, or fraudulent means to 72.21adopt independent contractor status;72.22    (2) knowingly misrepresent that an individual who has not been issued an 72.23independent contractor exemption certificate or is not performing services for the person 72.24under an independent contractor exemption certificate is an independent contractor; or72.25    (3) make a false material statement, representation, or certification; omit material 72.26information; or alter, conceal, or fail to file a document required by this section or any rule 72.27promulgated by the commissioner under rulemaking authority set out in this section.72.28    (c) A person for whom an individual is performing services must obtain a copy of the 72.29individual's independent contractor exemption certificate before services may commence. 72.30A copy of the independent contractor exemption certificate must be retained for five years 72.31from the date of receipt by the person for whom an individual is performing services.72.32    Subd. 8.Remedies. An individual or person who violates any provision of 72.33subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for 72.34each violation. The department shall deposit penalties in the assigned risk safety account.72.35    Subd. 9.Commissioner's powers.(a) In order to carry out the purposes of this 72.36section, the commissioner may:73.1    (1) administer oaths and affirmations, certify official acts, interview, question, take 73.2oral or written statements, and take depositions;73.3    (2) request, examine, take possession of, photograph, record, and copy any 73.4documents, equipment, or materials;73.5    (3) at a time and place indicated by the commissioner, request persons to appear 73.6before the commissioner to give testimony and produce documents, equipment, or 73.7materials;73.8    (4) issue subpoenas to compel persons to appear before the commissioner to give 73.9testimony and produce documents, equipment, or materials; and73.10    (5) subject to paragraph (c), with or without notice, enter without delay upon 73.11any property, public or private, for the purpose of taking any action authorized under 73.12this subdivision or the applicable law, including obtaining information or conducting 73.13inspections or investigations.73.14    (b) Persons requested by the commissioner to give testimony or produce documents, 73.15equipment, or materials shall respond within the time and in the manner specified by the 73.16commissioner. If no time to respond is specified in the request, then a response shall be 73.17submitted within 30 days of the commissioner's service of the request.73.18    (c) Upon the refusal or anticipated refusal of a property owner, lessee, property 73.19owner's representative, or lessee's representative to permit the commissioner's entry onto 73.20property as provided in paragraph (a), the commissioner may apply for an administrative 73.21inspection order in the Ramsey County District Court or, at the commissioner's discretion, 73.22in the district court in the county in which the property is located. The commissioner may 73.23anticipate that a property owner or lessee will refuse entry if the property owner, lessee, 73.24property owner's representative, or lessee's representative has refused to permit entry on a 73.25prior occasion or has informed the commissioner that entry will be refused. Upon showing 73.26of administrative probable cause by the commissioner, the district court shall issue an 73.27administrative inspection order that compels the property owner or lessee to permit the 73.28commissioner to enter the property for the purposes specified in paragraph (a).73.29    (d) Upon the application of the commissioner, a district court shall treat the failure of 73.30any person to obey a subpoena lawfully issued by the commissioner under this subdivision 73.31as a contempt of court.73.32    Subd. 10.Notice requirements.Unless otherwise specified, service of a document 73.33on a person under this section may be by mail, by personal service, or in accordance with 73.34any consent to service filed with the commissioner. Service by mail shall be accomplished 73.35in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service 74.1shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550, 74.2subpart 3.74.3    Subd. 11.Facsimile; timely service.When this section permits a request for 74.4hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15 74.5pages in length. The request shall be considered timely served if the facsimile is received 74.6by the commissioner, at the facsimile number identified by the commissioner in the order, 74.7no later than 4:30 p.m. central time on the last day permitted for faxing the request. 74.8Where the quality or authenticity of the faxed request is at issue, the commissioner 74.9may require the original request to be filed. Where the commissioner has not identified 74.10quality or authenticity of the faxed request as an issue and the request has been faxed in 74.11accordance with this subdivision, the person faxing the request does not need to file the 74.12original request with the commissioner.74.13    Subd. 12.Time period computation.In computing any period of time prescribed 74.14or allowed by this section, the day of the act, event, or default from which the designated 74.15period of time begins to run shall not be included. The last day of the period so computed 74.16shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the 74.17period runs until the next day which is not a Saturday, Sunday, or legal holiday.74.18    Subd. 13.Rulemaking.The commissioner may, in consultation with the 74.19commissioner of revenue and the commissioner of employment and economic 74.20development, adopt, amend, suspend, and repeal rules under the rulemaking provisions 74.21of chapter 14 that relate to the commissioner's responsibilities under this section. This 74.22subdivision is effective the day following final enactment.74.23    Subd. 14.Fee.The certificate fee for the original application and for the renewal of 74.24an independent contractor exemption certificate shall be $150.74.25    Subd. 15.Notice to commissioner; review by commissioner of revenue.When 74.26the commissioner has reason to believe that an individual who holds a certificate has failed 74.27to maintain all the conditions required by subdivision 6 or is not performing services for a 74.28person under the independent contractor exemption certificate, the commissioner must 74.29notify the commissioner of revenue and the commissioner of employment and economic 74.30development. Upon receipt of notification from the commissioner that an individual who 74.31holds a certificate has failed to maintain all the conditions required by subdivision 6 74.32or is not performing services for a person under the independent contractor exemption 74.33certificate, the commissioner of revenue must review the information returns required 74.34under section 6041A of the Internal Revenue Code. The commissioner of revenue shall 74.35also review the submitted certification that is applicable to returns audited or investigated 74.36under section 289A.35.75.1    Subd. 16.Data classified.Data in applications for an independent contractor 75.2exemption certificate and any required documentation submitted to the commissioner are 75.3private data on individuals as defined in section 13.02. Data in exemption certificates 75.4issued by the commissioner are public data. Data that document a revocation or 75.5cancellation of an exemption certificate are public data. Upon request of the Department 75.6of Revenue or Department of Employment and Economic Development, the commissioner 75.7may release to the requesting department data classified as private under this subdivision 75.8or investigative data that are not public under section 13.39 that relate to the issuance or 75.9denial of applications or revocations of certificates.75.10EFFECTIVE DATE.This section is effective July 1, 2008.75.11    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; or75.24    (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.; or75.28    (e) a public employee communicates the findings of a scientific or technical study 75.29that the employee, in good faith, believes to be truthful and accurate, including reports to a 75.30governmental body or law enforcement official.75.31The disclosures protected pursuant to this section do not authorize the disclosure of data 75.32otherwise protected by law.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    (c) If the district court determines that a violation of section 181.932 occurred, 76.11the court may order any appropriate relief, including but not limited to reinstatement, 76.12back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the 76.13expungement of any adverse records of an employee who was the subject of the alleged 76.14acts of misconduct.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; or76.20    (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    (c) A provision in any contract between a sales representative dealing in plumbing 76.26equipment or supplies and a principal purporting to waive any provision of this act, 76.27whether by express waiver or by a provision stipulating that the contract is subject to the 76.28laws of another state, shall be void.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 Plumbing Board 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 the installation is to be 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    Except for powers granted to the Plumbing Board, the commissioner of labor and 77.7industry 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    Subd. 4.Air admittance valves and water-free urinals prohibited.(a) 77.12Mechanical devices and fittings with internal moving parts are prohibited from installation 77.13in plumbing venting systems.77.14    (b) All urinals covered under the jurisdiction of the state Plumbing Code must have 77.15a water flush device with a volume of not more than one gallon per use.77.16    Sec. 21. [326.372] PLUMBING BOARD.77.17    Subdivision 1.Composition.(a) The Plumbing Board shall consist of 13 members. 77.18Eleven members shall be appointed by the governor with the advice and consent of the 77.19senate and shall be voting members. Appointments of members by the governor shall be 77.20made in accordance with section 15.066. If the senate votes to refuse to consent to an 77.21appointment of a member made by the governor, the governor shall appoint a new member 77.22with the advice and consent of the senate. One member shall be the commissioner of labor 77.23and industry or the designee, who shall be a voting member. One member shall be the 77.24commissioner of health or the designee, who shall not be a voting member. Of the 11 77.25appointed members, the composition shall be as follows:77.26    (1) two members shall be municipal plumbing inspectors, one from the metropolitan 77.27area and one from greater Minnesota;77.28    (2) one member shall a be licensed professional engineer specializing in plumbing 77.29designs or systems;77.30    (3) two members shall be commercial/industrial plumbing contractors, one from the 77.31metropolitan area and one from greater Minnesota;77.32    (4) one member shall be a residential plumbing contractor;77.33    (5) two members shall be commercial/industrial journeymen, one from the 77.34metropolitan area and one from greater Minnesota;78.1    (6) one member shall be a residential plumbing journeyman;78.2    (7) one member shall be a water conditioning contractor; and78.3    (8) one member shall be a municipal public water supply system operator or 78.4superintendent.78.5    One of the municipal plumbing inspectors shall be appointed for an initial term to 78.6end on December 31, 2010, and one municipal plumbing inspector shall be appointed for 78.7an initial term to end on December 31, 2011. The professional engineer shall be appointed 78.8for an initial term to end on December 31, 2011. One of the commercial/industrial 78.9plumbing contractors shall be appointed for an initial term to end on December 31, 2010, 78.10and one commercial/industrial plumbing contractor shall be appointed for an initial term 78.11to end on December 31, 2011. The residential plumbing contractor shall be appointed for 78.12an initial term to end on December 31, 2010. One of the commercial/industrial plumbing 78.13journeymen shall be appointed for an initial term to end on December 31, 2011, and one 78.14commercial/industrial plumbing journeyman shall be appointed for an initial term to end 78.15on December 31, 2010. The residential plumbing journeyman shall be appointed for an 78.16initial term to end on December 31, 2011. The water conditioning contractor shall be 78.17appointed for an initial term to end on December 31, 2010. The municipal public water 78.18supply system operator or superintendent shall be appointed for an initial term to end 78.19on December 31, 2011.78.20    (b) The licensed professional engineer must possess a current Minnesota professional 78.21engineering license and maintain the license for the duration of the term served on the 78.22board. All other appointed members, except the water conditioning contractor and the 78.23municipal public water supply system operator or superintendent, must possess a current 78.24plumbing license issued by the Department of Labor and Industry and maintain that 78.25license for the duration of their terms. The water conditioning contractor must be licensed 78.26as a water conditioning contractor by the department and maintain the license for the 78.27duration of the term served on the board. All appointed members must be residents of 78.28Minnesota at the time of and throughout their terms. The term of any appointed member 78.29who does not maintain membership qualification status shall end on the date of status 78.30change and the governor shall appoint a replacement member. It is the responsibility of 78.31the member to notify the board of a change in the member's status.78.32    (c) For appointed members, except the initial terms designated in paragraph (a), each 78.33term shall be three years with the terms ending on the first Monday in January. Members 78.34appointed by the governor shall be limited to three consecutive terms. The governor shall, 78.35all or in part, reappoint the current members or appoint replacement members with the 78.36advice and consent of the senate. Midterm vacancies shall be filled for the remaining 79.1portion of the term. Vacancies occurring with less than six months time remaining in the 79.2term shall be filled for the existing term and the following three-year term. Members may 79.3serve until successors are appointed but in no case later than July 1 in a year in which the 79.4term expires unless reappointed.79.5    Subd. 2.Powers; duties; administrative support.(a) The board shall have the 79.6power to:79.7    (1) elect its chair, vice-chair, and secretary;79.8    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the 79.9board, and contain such other provisions as may be useful and necessary for the efficient 79.10conduct of the business of the board;79.11    (3) adopt the Plumbing Code that must be followed in this state and any Plumbing 79.12Code amendments thereto. The board shall adopt the Plumbing Code and any amendments 79.13thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c), 79.14and (d);79.15    (4) review requests for final interpretations and issue final interpretations as provided 79.16in section 16B.63, subdivision 5;79.17    (5) except for rules regulating continuing education, adopt rules that regulate the 79.18licensure or registration of plumbing contractors, journeymen, apprentices, master 79.19plumbers, restricted master plumbers, and restricted journeymen and other persons 79.20engaged in the design, installation, and alteration of plumbing systems, except for those 79.21individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt 79.22these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);79.23    (6) advise the commissioner regarding educational requirements for plumbing 79.24inspectors;79.25    (7) refer complaints or other communications, whether oral or written, that allege 79.26or imply a violation of a statute, rule, or order that the commissioner has the authority to 79.27enforce pertaining to code compliance, licensure, or an offering to perform or performance 79.28of unlicensed plumbing services to the commissioner under subdivision 8;79.29    (8) approve per diem and expenses deemed necessary for its members as provided in 79.30subdivision 3;79.31    (9) approve license reciprocity agreements;79.32    (10) select from its members individuals to serve on any other state advisory council, 79.33board, or committee; and79.34    (11) recommend the fees for licenses and certifications.80.1    Except for the powers granted to the Plumbing Board, the commissioner of labor 80.2and industry shall administer and enforce the provisions of sections 326.37 to 326.45 and 80.3any rules promulgated pursuant thereto.80.4    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.80.5    (c) The commissioner shall coordinate the board's rulemaking and recommendations 80.6with the recommendations and rulemaking conducted by the other boards. The 80.7commissioner shall provide staff support to the board. The support includes professional, 80.8legal, technical, and clerical staff necessary to perform rulemaking and other duties 80.9assigned to the board. The commissioner of labor and industry shall supply necessary 80.10office space and supplies to assist the board in its duties.80.11    Subd. 3.Compensation.(a) Members of the board may be compensated at the rate 80.12of $55 a day spent on board activities, when authorized by the board, plus expenses in 80.13the same manner and amount as authorized by the commissioner's plan adopted under 80.14section 43A.18, subdivision 2. Members who, as a result of time spent attending board 80.15meetings, incur child care expenses that would not otherwise have been incurred, may be 80.16reimbursed for those expenses upon board authorization.80.17    (b) Members who are state employees or employees of the political subdivisions 80.18of the state must not receive the daily payment for activities that occur during working 80.19hours for which they are compensated by the state or political subdivision. However, a 80.20state or political subdivision employee may receive the daily payment if the employee 80.21uses vacation time or compensatory time accumulated in accordance with a collective 80.22bargaining agreement or compensation plan for board activities. Members who are state 80.23employees or employees of the political subdivisions of the state may receive the expenses 80.24provided for in this subdivision unless the expenses are reimbursed by another source. 80.25Members who are state employees or employees of political subdivisions of the state 80.26may be reimbursed for child care expenses only for time spent on board activities that 80.27are outside their working hours.80.28    (c) The board shall adopt internal standards prescribing what constitutes a day spent 80.29on  board activities for purposes of making daily payments under this subdivision.80.30    Subd. 4.Removal; vacancies.(a) An appointed member of the board may be 80.31removed by the governor at any time (1) for cause, after notice and hearing, or (2) after 80.32missing three consecutive meetings. The chair of the board shall inform the governor of 80.33an appointed member missing three consecutive meetings. After the second consecutive 80.34missed meeting and before the next meeting, the secretary of the board shall notify the 80.35appointed member in writing that the member may be removed for missing the next 80.36meeting. In the case of a vacancy on the board, the governor shall, with the advice 81.1and consent of the senate, appoint a person to fill the vacancy for the remainder of the 81.2unexpired term.81.3    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.81.4    Subd. 5.Membership vacancies within three months of appointment.81.5    Notwithstanding any law to the contrary, when a seat on the board becomes vacant within 81.6three months after being filled through the appointment process, the governor may, 81.7upon notification to the Office of the Secretary of State, choose a new member from the 81.8applications on hand and need not repeat the process.81.9    Subd. 6.Officers, quorum, voting.(a) The board shall elect annually from its 81.10members a chair, vice-chair, and secretary. A quorum of the board shall consist of a 81.11majority of members of the board qualified to vote on the matter in question. All questions 81.12concerning the manner in which a meeting is conducted or called that are not covered 81.13by statute shall be determined by Robert's Rules of Order (revised) unless otherwise 81.14specified by the bylaws.81.15    (b) Except as provided in paragraph (c), each Plumbing Code amendment considered 81.16by the board that receives an affirmative two-thirds or more majority vote of all of the 81.17voting members of the board shall be included in the next Plumbing Code rulemaking 81.18proceeding initiated by the board.  If a Plumbing Code amendment considered, or 81.19reconsidered, by the board receives less than a two-thirds majority vote of all of the voting 81.20members of the board, the Plumbing Code amendment shall not be included in the next 81.21Plumbing Code rulemaking proceeding initiated by the board.81.22    (c) If the Plumbing Code amendment considered by the board is to replace the 81.23Minnesota Plumbing Code with a model Plumbing Code, then the amendment may only 81.24be included in the next Plumbing Code rulemaking proceeding if it receives an affirmative 81.25two-thirds or more majority vote of all of the voting members of the board.81.26    (d) The board may reconsider Plumbing Code amendments during an active 81.27Plumbing Code rulemaking proceeding in which the amendment previously failed to 81.28receive a two-thirds majority vote or more of all of the voting members of the board only if 81.29new or updated information that affects the Plumbing Code amendment is presented to the 81.30board. The board may also reconsider failed Plumbing Code amendments in subsequent 81.31Plumbing Code rulemaking proceedings.81.32    (e) Except as provided in paragraph (f), each proposed rule and rule amendment 81.33considered by the board pursuant to the rulemaking authority specified in subdivision 2, 81.34paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the 81.35voting members of the board shall be included in the next rulemaking proceeding initiated 81.36by the board. If a proposed rule or rule amendment considered, or reconsidered, by the 82.1board receives less than an affirmative majority vote of all of the voting members of the 82.2board, the proposed rule or rule amendment shall not be included in the next rulemaking 82.3proceeding initiated by the board.82.4    (f) The board may reconsider a proposed rule or rule amendment during an 82.5active rulemaking proceeding in which the amendment previously failed to receive an 82.6affirmative majority vote of all of the voting members of the board only if new or updated 82.7information that affects the proposed rule or rule amendment is presented to the board. 82.8The board may also reconsider a failed proposed rule or rule amendment in subsequent 82.9rulemaking proceedings. 82.10    Subd. 6a.Board meetings.(a) The board shall hold meetings at such times as the 82.11board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D 82.12and in such a manner as the bylaws may provide.82.13    (b) If compliance with section 13D.02 is impractical, the board may conduct a 82.14meeting of its members by telephone or other electronic means so long as the following 82.15conditions are met:82.16    (1) all members of the board participating in the meeting, wherever their physical 82.17location, can hear one another and can hear all discussion and testimony;82.18    (2) members of the public present at the regular meeting location of the board can 82.19hear clearly all discussion and testimony and all votes of members of the board and, if 82.20needed, receive those services required by sections 15.44 and 15.441;82.21    (3) at least one member of the board is physically present at the regular meeting 82.22location; and82.23    (4) all votes are conducted by roll call, so each member's vote on each issue can be 82.24identified and recorded.82.25    Each member of the board participating in a meeting by telephone or other electronic 82.26means is considered present at the meeting for purposes of determining a quorum and 82.27participating in all proceedings.82.28    If telephone or other electronic means is used to conduct a regular, special, or 82.29emergency meeting, the board, to the extent practical, shall allow a person to monitor 82.30the meeting electronically from a remote location. The board may require the person 82.31making such a connection to pay for documented costs that the board incurs as a result of 82.32the additional connection.82.33    If telephone or other electronic means is used to conduct a regular, special, or 82.34emergency meeting, the board shall provide notice of the regular meeting location, of the 82.35fact that some members may participate by telephone or other electronic means, and that a 83.1person may monitor the meeting electronically from a remote location. The timing and 83.2method of providing notice is governed by section 13D.04.83.3    Subd. 8.Complaints.(a) The board shall promptly forward to the commissioner 83.4the substance of any complaint or communication it receives, whether written or oral, 83.5that alleges or implies a violation of a statute, rule, or order that the commissioner has 83.6the authority to enforce pertaining to the license or registration of any person authorized 83.7by the department to provide plumbing services, the performance or offering to perform 83.8plumbing services requiring licensure by an unlicensed person, or Plumbing Code 83.9compliance. Each complaint or communication that is forwarded to the commissioner 83.10shall be submitted on a form provided by the commissioner.83.11    (b) The commissioner shall advise the board of the status of a complaint within 90 83.12days after the board's written submission is received, or within 90 days after the board 83.13is provided with a written request for additional information or documentation from the 83.14commissioner or the commissioner's designee, whichever is later. The commissioner shall 83.15advise the board of the disposition of a complaint referred by the board within 180 days 83.16after the board's written submission is received. The commissioner shall annually report to 83.17the board a summary of the actions taken in response to complaints referred by the board.83.18    Subd. 9.Data Practices Act.The board is subject to chapter 13, the Minnesota 83.19Government Data Practices Act, and shall protect from unlawful disclosure data classified 83.20as not public.83.21    Subd. 10.Official records.The board shall make and preserve all records  necessary 83.22to a full and accurate knowledge of its official activities in accordance with section 15.17.83.23    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 Plumbing Board. No city or such town shall prohibit plumbers 83.31licensed by the state commissioner of healthlabor and industry 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. No city or town may require a license 83.34for persons performing building sewer or water service installation who have completed 83.35pipe laying training as prescribed by the commissioner of labor and industry. 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 labor and industry, 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 health84.11Plumbing Board.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,(a) No person, firm, or corporation shall 84.16engage in or work at the business of a master plumber or, restricted master plumber,84.17journeyman plumber, and restricted journeyman plumber unless licensed to do so by the 84.18state commissioner of healthlabor and industry. A license is not required for persons 84.19performing building sewer or water service installation who have completed pipe laying 84.20training as prescribed by the commissioner of labor and industry. A master plumber may 84.21also work as a journeyman plumber, a restricted journeyman plumber, and a restricted 84.22master plumber. A journeyman plumber may also work as a restricted journeyman 84.23plumber. Anyone not so licensed may do plumbing work which complies with the 84.24provisions of the minimum standard standards prescribed by the state commissioner of 84.25healthPlumbing Board 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(b) 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, or in 84.30cities and towns with a population of fewer than 5,000 according to the federal census a 84.31restricted master plumber, 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 HealthPlumbing Board 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 commissioner85.8Plumbing Board 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. [326.402] RESTRICTED PLUMBER LICENSE.85.15    Subdivision 1.Licensure.The commissioner of labor and industry shall grant a 85.16restricted journeyman or restricted master plumber license to an individual if:85.17    (1) the individual completes an application with information required by the 85.18commissioner of labor and industry;85.19    (2) the completed application is accompanied by a fee of $30;85.20    (3) the commissioner of labor and industry receives the completed application and 85.21fee before January 1, 2008;85.22    (4) the completed application demonstrates that the applicant has had at least two 85.23years for a restricted journeyman plumber license or four years for a restricted master 85.24plumber license of practical plumbing experience in the plumbing trade prior to the 85.25application; and85.26    (5) during the entire time for which the applicant is claiming experience in 85.27contracting for plumbing work under clause (4), the applicant was in compliance with all 85.28applicable requirements of section 326.40.85.29    Subd. 2.Use of license.A restricted master plumber and restricted journeyman 85.30plumber may engage in the plumbing trade in all areas of the state except in cities and 85.31towns with a population of more than 5,000 according to the federal census.85.32    Subd. 3.Application period.Applications for restricted master plumber and 85.33restricted journeyman plumber licenses must be submitted to the commissioner prior 85.34to January 1, 2008.86.1    Subd. 4.Renewal; use period for license.A restricted master plumber and 86.2restricted journeyman plumber license must be renewed annually for as long as that 86.3licensee engages in the plumbing trade. Failure to renew a restricted master plumber and 86.4restricted journeyman plumber license within 12 months after the expiration date will 86.5result in permanent forfeiture of the restricted master plumber and restricted journeyman 86.6plumber license.86.7    Subd. 5.Prohibition of transference.A restricted master plumber and restricted 86.8journeyman plumber license may not be transferred or sold to any other person.86.9    Subd. 6.Bond; insurance.A restricted master plumber licensee is subject to the 86.10bond and insurance requirements of section 326.40, subdivision 2, unless the exemption 86.11provided by section 326.40, subdivision 3, applies.86.12    Subd. 7.Fee.The annual fee for the restricted master plumber and restricted 86.13journeyman plumber licenses is the same fee as for a master or journeyman plumber 86.14license, respectively.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. The commissioner may enter into 86.22reciprocity agreements for personal licenses with another state if approved by the board. 86.23Once approved by the board, the commissioner may issue a plumber's license without 86.24requiring the applicant to pass an examination provided the applicant:86.25    (a) submits an application under section 326.42;86.26    (b) pays the fee required under section 326.42; and86.27    (c) holds a valid comparable license in the state participating in the agreement.86.28    Agreements are subject to the following:86.29    (1) The parties to the agreement must administer a statewide licensing program that 86.30includes examination and qualifying experience or training comparable to Minnesota's.86.31    (2) The experience and training requirements under which an individual applicant 86.32qualified for examination in the qualifying state must be deemed equal to or greater than 86.33required for an applicant making application in Minnesota at the time the applicant 86.34acquired the license in the qualifying state.87.1    (3) The applicant must have acquired the license in the qualifying state through an 87.2examination deemed equivalent to the same class of license examination in Minnesota. 87.3A lesser class of license may be granted where the applicant has acquired a greater 87.4class of license in the qualifying state and the applicant otherwise meets the conditions 87.5of this subdivision.87.6    (4) At the time of application, the applicant must hold a valid license in the 87.7qualifying state and have held the license continuously for at least one year before making 87.8application in Minnesota.87.9    (5) An applicant is not eligible for a license under this subdivision if the applicant 87.10has failed the same or greater class of license examination in Minnesota, or if the 87.11applicant's license of the same or greater class has been revoked or suspended.87.12    (6) An applicant who has failed to renew a plumber's license for two years or more 87.13after its expiration is not eligible for a license under this subdivision.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 labor and industry, with fee. Unless the applicant is entitled 87.17to a renewal, the applicant shall be licensed by the state commissioner of health labor and 87.18industry only after passing a satisfactory examination developed and administered by the 87.19examiners commissioner of labor and industry, based upon rules adopted by the Plumbing 87.20Board showing fitness. Examination fees for both journeyman and master plumbers 87.21shall be in an amount prescribed by the state commissioner of health labor and industry87.22pursuant 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 labor and industry 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. [326B.04] DEPOSIT OF MONEY.87.28    Subdivision 1.Construction code fund.There is created in the state treasury 87.29a construction code fund as a special revenue fund for the purpose of administering this 87.30chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those 87.31sections, except penalties, is credited to the construction code fund unless otherwise 87.32specifically designated by law. Any interest or profit accruing from investment of these 87.33sums is credited to the construction code fund. All money collected in the construction 88.1code fund is appropriated to the commissioner of labor and industry to administer and 88.2enforce the provisions of the laws identified in this section.88.3    Unless otherwise provided by law, all penalties assessed under this chapter, section 88.4327.35, and chapter 327B are credited to the assigned risk safety account established 88.5by section 79.253.88.6    Subd. 2.Deposits.All remaining balances as of June 30, 2007, in the state 88.7government special revenue fund and special revenue fund accounts maintained for 88.8the Building Codes and Standards Division, Board of Electricity, and plumbing and 88.9engineering unit are transferred to the construction code fund. Unless otherwise 88.10specifically designated by law: (1) all money collected under chapter 183 and sections 88.1116B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to 88.12326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 88.13327B.12, except penalties, is credited to the construction code fund; (2) all fees collected 88.14under section 45.23 in connection with continuing education for residential contractors, 88.15residential remodelers, and residential roofers are credited to the construction code fund; 88.16and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all 88.17penalties assessed under sections 144.99 to 144.993 in connection with any violation of 88.18sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections 88.19are credited to the assigned risk safety account established by section 79.253.88.20    Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.88.21    Subdivision 1.Definitions.(a) For the purposes of this section, the following terms 88.22have the meanings given them.88.23    (b) "Gross annual receipts" means the total amount derived from residential 88.24contracting or residential remodeling activities, regardless of where the activities are 88.25performed, and must not be reduced by costs of goods sold, expenses, losses, or any 88.26other amount.88.27    (c) "Licensee" means a person licensed as a residential contractor or residential 88.28remodeler.88.29    (d) "Residential real estate" means a new or existing building constructed for 88.30habitation by one to four families, and includes detached garages.88.31    (e) "Fund" means the contractor recovery fund.88.32    Subd. 2.Generally.The contractor recovery fund is created in the state treasury 88.33and shall be administered by the commissioner for the purposes described in this section. 88.34Any interest or profit accruing from investment of money in the fund shall be credited 88.35to the contractor recovery fund.89.1    Subd. 3.Fund fees.In addition to any other fees, a person who applies for or 89.2renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person 89.3shall pay, in addition to the appropriate application or renewal fee, the following additional 89.4fee that shall be deposited in the fund. The amount of the fee shall be based on the person's 89.5gross annual receipts for the person's most recent fiscal year preceding the application or 89.6renewal, on the following scale:

89.7FeeGross Annual Receipts89.8$160under $1,000,00089.9$210$1,000,000 to $5,000,00089.10$260over $5,000,000

89.11    Subd. 4.Purpose of fund.The purpose of this fund is to:89.12    (1) compensate owners or lessees of residential real estate who meet the requirements 89.13of this section;89.14    (2) reimburse the department for all legal and administrative expenses, 89.15disbursements, and costs, including staffing costs, incurred in administering and defending 89.16the fund;89.17    (3) pay for educational or research projects in the field of residential contracting to 89.18further the purposes of sections 326B.801 to 326B.825; and89.19    (4) provide information to the public on residential contracting issues.89.20    Subd. 5.Payment limitations.Except as otherwise provided in this section, 89.21the commissioner shall not pay compensation from the fund to an owner or a lessee 89.22in an amount greater than $75,000. Except as otherwise provided in this section, the 89.23commissioner shall not pay compensation from the fund to owners and lessees in an 89.24amount that totals more than $150,000 per licensee. The commissioner shall not pay 89.25compensation from the fund for a final judgment based on a cause of action that arose 89.26before the commissioner's receipt of the licensee's fee required by subdivision 3.89.27    Subd. 6.Verified application.To be eligible for compensation from the fund, an 89.28owner or lessee shall serve on the commissioner a verified application for compensation 89.29on a form approved by the commissioner. The application shall verify the following 89.30information:89.31    (1) the specific grounds upon which the owner or lessee seeks to recover from 89.32the fund:89.33    (2) that the owner or the lessee has obtained a final judgment in a court of competent 89.34jurisdiction against a licensee licensed under section 326B.803;89.35    (3) that the final judgment was obtained against the licensee on the grounds of 89.36fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance 90.1that arose directly out of a transaction that occurred when the licensee was licensed and 90.2performing any of the special skills enumerated under section 326B.802, subdivision 19;90.3    (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on 90.4the owner's residential real estate, on residential real estate leased by the lessee, or on new 90.5residential real estate that has never been occupied or that was occupied by the licensee 90.6for less than one year prior to purchase by the owner;90.7    (5) that the residential real estate is located in Minnesota;90.8    (6) that the owner or the lessee is not the spouse of the licensee or the personal 90.9representative of the licensee;90.10    (7) the amount of the final judgment, any amount paid in satisfaction of the final 90.11judgment, and the amount owing on the final judgment as of the date of the verified 90.12application; and90.13    (8) that the verified application is being served within two years after the judgment 90.14became final.90.15    The owner's and the lessee's actual and direct out-of-pocket loss shall not include 90.16attorney fees, interest on the loss, and interest on the final judgment obtained as a result of 90.17the loss. An owner or lessee may serve a verified application regardless of whether the 90.18final judgment has been discharged by a bankruptcy court. A judgment issued by a court is 90.19final if all proceedings on the judgment have either been pursued and concluded or been 90.20forgone, including all reviews and appeals. For purposes of this section, owners who are 90.21joint tenants or tenants in common are deemed to be a single owner. For purposes of this 90.22section, owners and lessees eligible for payment of compensation from the fund shall not 90.23include government agencies, political subdivisions, financial institutions, and any other 90.24entity that purchases, guarantees, or insures a loan secured by real estate.90.25    Subd. 7.Commissioner review.The commissioner shall within 120 days after 90.26receipt of the verified application:90.27    (1) enter into an agreement with an owner or a lessee that resolves the verified 90.28application for compensation from the fund; or90.29    (2) issue an order to the owner or the lessee accepting, modifying, or denying the 90.30verified application for compensation from the fund.90.31    Upon receipt of an order issued under clause (2), the owner or the lessee shall have 90.3230 days to serve upon the commissioner a written request for a hearing. If the owner or 90.33the lessee does not serve upon the commissioner a timely written request for hearing, the 90.34order issued under clause (2) shall become a final order of the commissioner that may not 90.35be reviewed by any court or agency. The commissioner shall order compensation from 90.36the fund only if the owner or the lessee has filed a verified application that complies with 91.1subdivision 6 and if the commissioner determines based on review of the application that 91.2compensation should be paid from the fund. The commissioner shall not be bound by any 91.3prior settlement, compromise, or stipulation between the owner or the lessee and the 91.4licensee.91.5    Subd. 8.Administrative hearing.If an owner or a lessee timely serves a request 91.6for hearing under subdivision 7, the commissioner shall request that an administrative law 91.7judge be assigned and that a hearing be conducted under the contested case provisions 91.8of chapter 14 within 30 days after the service of the request for hearing upon the 91.9commissioner. Upon petition of the commissioner, the administrative law judge shall 91.10continue the hearing up to 60 days and upon a showing of good cause may continue the 91.11hearing for such additional period as the administrative law judge deems appropriate. 91.12At the hearing the owner or the lessee shall have the burden of proving by substantial 91.13evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue 91.14findings of fact, conclusions of law, and order. If the administrative law judge finds that 91.15compensation should be paid to the owner or the lessee, the administrative law judge 91.16shall order the commissioner to make payment from the fund of the amount it finds to be 91.17payable pursuant to the provisions of and in accordance with the limitations contained in 91.18this section. The order of the administrative law judge shall constitute the final decision of 91.19the agency in the contested case. Judicial review of the administrative law judge's findings 91.20of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.91.21    Subd. 9.Satisfaction of applications for compensation.The commissioner shall 91.22pay compensation from the fund to an owner or a lessee pursuant to the terms of an 91.23agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final 91.24order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 91.25of the fiscal year following the fiscal year during which the agreement was entered into or 91.26during which the order became final, subject to the limitations of this section. At the end 91.27of each fiscal year the commissioner shall calculate the amount of compensation to be 91.28paid from the fund pursuant to agreements that have been entered into under subdivision 91.297, clause (1), and final orders that have been issued under subdivision 7, clause (2), or 91.30subdivision 8. If the calculated amount exceeds the amount available for payment, then 91.31the commissioner shall allocate the amount available among the owners and the lessees 91.32in the ratio that the amount agreed to or ordered to be paid to each owner or lessee 91.33bears to the amount calculated. The commissioner shall mail notice of the allocation to 91.34all owners and lessees not less than 45 days following the end of the fiscal year. Any 91.35compensation paid by the commissioner in accordance with this subdivision shall be 92.1deemed to satisfy and extinguish any right to compensation from the fund based upon the 92.2verified application of the owner or lessee.92.3    Subd. 10.Right of subrogation.If the commissioner pays compensation from the 92.4fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a 92.5final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner 92.6shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final 92.7judgment in the amount of compensation paid from the fund and the owner or the lessee 92.8shall assign to the commissioner all rights, title, and interest in the final judgment in 92.9the amount of compensation paid. The commissioner shall deposit in the fund money 92.10recovered under this subdivision.92.11    Subd. 11.Effect of section on commissioner's authority.Nothing contained 92.12in this section shall limit the authority of the commissioner to take disciplinary action 92.13against a licensee under the provisions of this chapter. A licensee's repayment in full of 92.14obligations to the fund shall not nullify or modify the effect of any other disciplinary 92.15proceeding brought under the provisions of this chapter.92.16    Subd. 12.Limitation.Nothing may obligate the fund to compensate:92.17    (1) insurers or sureties under subrogation or similar theories; or92.18    (2) owner of residential property for final judgments against a prior owner of the 92.19residential property unless the claim is brought and judgment is rendered for breach of the 92.20statutory warranty set forth in chapter 327A.92.21    Subd. 13.Condominiums or townhouses.For purposes of this section, the owner 92.22or the lessee of a condominium or townhouse is considered an owner or a lessee of 92.23residential property regardless of the number of residential units per building.92.24    Subd. 14.Accelerated compensation.(a) Payments made from the fund to 92.25compensate owners and lessees that do not exceed the jurisdiction limits for conciliation 92.26court matters as specified in section 491A.01 may be paid on an accelerated basis if all of 92.27the requirements in paragraphs (b) and (c) have been satisfied.92.28    (b) The owner or the lessee has served upon the commissioner a verified application 92.29for compensation that complies with the requirements set out in subdivision 6 and the 92.30commissioner determines based on review of the application that compensation should be 92.31paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket 92.32loss in the transaction, minus attorney fees, interest on the loss and on the judgment 92.33obtained as a result of the loss, and any satisfaction of the judgment, and make payment 92.34to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days 92.35after the owner or lessee serves the verified application.93.1    (c) The commissioner may pay compensation to owners or lessees that totals not 93.2more than $50,000 per licensee per fiscal year under this accelerated process. The 93.3commissioner may prorate the amount of compensation paid to owners or lessees under 93.4this subdivision if applications submitted by owners and lessees seek compensation in 93.5excess of $50,000 against a licensee. Any unpaid portion of a verified application that 93.6has been prorated under this subdivision shall be satisfied in the manner set forth in 93.7subdivision 9.93.8    Subd. 15.Appropriation.Money in the fund is appropriated to the commissioner 93.9for the purposes of this section.93.10    Subd. 16.Additional assessment.If the balance in the fund is at any time less than 93.11the commissioner determines is necessary to carry out the purposes of this section, every 93.12licensee, when renewing a license, shall pay, in addition to the annual renewal fee and 93.13the fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner 93.14shall set the amount of assessment based on a reasonable determination of the amount 93.15that is necessary to restore a balance in the fund that is adequate to carry out the purposes 93.16of this section.93.17EFFECTIVE DATE.This section is effective December 1, 2007, except that 93.18subdivisions 1, 3, and 15 are effective July 1, 2007.93.19    Sec. 30. Minnesota Statutes 2006, section 341.21, is amended by adding a subdivision 93.20to read:93.21    Subd. 8.Mixed martial arts."Mixed martial arts" means any combination of 93.22boxing, kick boxing, wrestling, grappling, or other recognized martial arts.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 nine93.26members 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. At least four members must have 93.31knowledge of the mixed martial arts industry. 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    (c) The commission must adopt unified rules for mixed martial arts.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; and94.23    (5) conform to the rules adopted under this chapter; and94.24    (6) develop policies and procedures for regulating mixed martial arts.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. All tough person 94.28contests are subject to American Boxing Commission (ABC) rules. Every contestant 94.29in a tough person contest shall have a physical examination prior to their bouts. Every 94.30contestant in a tough person contest shall wear padded gloves that weigh at least 12 94.31ounces. All tough person bouts are limited to two-minute rounds and a maximum of four 94.32total rounds. Officials at tough person bouts shall be licensed under this chapter.95.1    Sec. 35. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision 95.2to read:95.3    Subd. 3.Regulatory authority; similar sporting events.All mixed martial arts, 95.4ultimate fight contests, and similar sporting events are subject to this chapter.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 issued after the effective date of this act is valid for one year from 95.8the date it is issued 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    (a) The fee schedule for licenses issued by the Minnesota Boxing Commission 95.19is as follows: 95.20    (1) referees, $35 $45 for each initial license and each renewal; 95.21    (2) promoters, $400 for each initial license and each renewal; 95.22    (3) judges and knockdown judges, $25 $45 for each initial license and each renewal; 95.23    (4) trainers, $35 $45 for each initial license and each renewal; 95.24    (5) ring announcers, $25 $45 for each initial license and each renewal; 95.25    (6) boxers' seconds, $25 $45 for each initial license and each renewal; 95.26    (7) timekeepers, $25 $45 for each initial license and each renewal; and95.27    (8) boxers, $35 $45 for each initial license and each renewal.;95.28    (9) managers, $45 for each initial license and each renewal; and95.29    (10) ringside physicians, $45 for each initial license and each renewal.95.30    (b) The commission shall establish and assess an event fee for each sporting event. 95.31The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as 95.32determined by the commission when the sporting event is scheduled.95.33    (c) 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 Labor and 96.4Industry on a form prescribed by the board and pay a $70 fee to the construction code 96.5fund. 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. WHISTLE-BLOWER PROTECTION ADMINISTRATIVE 96.14PROCEDURES.96.15    By January 15, 2008, the commissioner of labor and industry shall report to the 96.16legislature its recommendations for implementing an administrative review procedure to 96.17address whistle-blower protection complaints under section 181.932.96.18    Sec. 40. TRANSFER OF AUTHORITY; PLUMBING BOARD.96.19    The commissioner of administration may not use the authority under Minnesota 96.20Statutes, section 16B.37, to modify the transfers of authority in this act.96.21    Sec. 41. FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.96.22    The governor must complete the appointments required by Minnesota Statutes, 96.23section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall 96.24convene the first meeting of the Plumbing Board no later than September 1, 2007.96.25    Sec. 42.  REPEALER.96.26Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are 96.27repealed.96.28EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed 96.29effective January 1, 2009.97.1ARTICLE 497.2HIGH PRESSURE PIPING97.3    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:97.4326.46 SUPERVISION OF DEPARTMENT TO SUPERVISE 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 board. The Department of Labor and Industry board shall specify by rule the 97.20minimum qualifications for municipal inspectors.97.21    Sec. 3. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.97.22    Subdivision 1.Composition.(a) The Board of High Pressure Piping Systems shall 97.23consist of 12 members. Eleven members shall be appointed by the governor with the 97.24advice and consent of the senate and shall be voting members. Appointments of members 97.25by the governor shall be made in accordance with section 15.066. If the senate votes to 97.26refuse to consent to an appointment of a member made by the governor, the governor shall 97.27appoint a new member with the advice and consent of the senate. One member shall be 97.28the commissioner of labor and industry or the commissioner's designee, who shall be a 97.29voting member. Of the 11 appointed members, the composition shall be as follows:97.30    (1) one member shall be a high pressure piping inspector;97.31    (2) one member shall be a licensed professional mechanical engineer;97.32    (3) one member shall be a representative of the high pressure piping industry;98.1    (4) four members shall be high pressure piping contractors engaged in the scope of 98.2high pressure piping, two from the metropolitan area and two from greater Minnesota;98.3    (5) two members shall be high pressure piping journeymen engaged in the scope 98.4of high pressure piping systems installation, one from the metropolitan area and one 98.5from greater Minnesota; and98.6    (6) two members shall be representatives of industrial companies which use high 98.7pressure piping systems in their industrial processes.98.8    (b) The high pressure piping inspector shall be appointed for a term to end December 98.931, 2011. The professional mechanical engineer shall be appointed for a term to end 98.10December 31, 2010. The representative of the high pressure piping industry shall be 98.11appointed for a term to end December 31, 2011. Two of the high pressure piping 98.12contractors shall be appointed for a term to end December 31, 2011, and two high pressure 98.13piping contractors shall be appointed for a term to end December 31, 2010. One of the 98.14high pressure piping journeymen shall be appointed for a term to end December 31, 2011, 98.15and one high pressure piping journeyman shall be appointed for a term to end December 98.1631, 2010. The two representatives of industrial companies that use high pressure piping 98.17systems in their industrial process shall be appointed for a term to end December 31, 2010.98.18    (c) The licensed professional mechanical engineer must possess a current Minnesota 98.19professional engineering license and maintain the license for the duration of the term 98.20served on the board. All other appointed members, except for the representative of the 98.21piping industry and the representatives of industrial companies that use high pressure 98.22piping systems in their industrial processes must possess a current high pressure piping 98.23license issued by the Department of Labor and Industry and maintain that license for the 98.24duration of their terms. All appointed members must be residents of Minnesota at the time 98.25of and throughout their terms. The term of any appointed member who does not maintain 98.26membership qualification status shall end on the date of status change and the governor 98.27shall appoint a replacement member. It is the responsibility of the member to notify the 98.28board of a change in the member's status.98.29    (d) For appointed members, except for the initial terms designated in paragraph (a), 98.30each term shall be three years with the terms ending on the first Monday in January. 98.31Members appointed by the governor shall be limited to three consecutive terms. The 98.32governor shall, all or in part, reappoint the current members or appoint replacement 98.33members with the advice and consent of the senate. Midterm vacancies shall be filled for 98.34the remaining portion of the term. Vacancies occurring with less than six months time 98.35remaining in the term shall be filled for the existing term and the following three-year 99.1term. Members may serve until their successors are appointed but in no case later than 99.2July 1 in a year in which the term expires unless reappointed.99.3    Subd. 2.Powers; duties; administrative support.(a) The board shall have the 99.4power to:99.5    (1) elect its chair, vice-chair, and secretary;99.6    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the 99.7board, and contain such other provisions as may be useful and necessary for the efficient 99.8conduct of the business of the board;99.9    (3) adopt the High Pressure Piping Code that must be followed in this state and any 99.10High Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in 99.11subdivision 6, paragraphs (b), (c), and (d);99.12    (4) review requests for final interpretations and issue final interpretations as provided 99.13in section 16B.63, subdivision 5;99.14    (5) adopt rules that regulate the licensure or registration of high pressure piping 99.15contractors, journeymen, and other persons engaged in the design, installation, and 99.16alteration of high pressure piping systems, except for those individuals licensed under 99.17section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter 99.1814 and as provided in subdivision 6, paragraph (e);99.19    (6) adopt rules that regulate continuing education for individuals licensed or 99.20registered as high pressure piping contractors, journeymen, or other persons engaged in 99.21the design, installation, and alteration of high pressure piping systems. The board shall 99.22adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraph (e);99.23    (7) advise the commissioner regarding educational requirements for high pressure 99.24piping inspectors;99.25    (8) refer complaints or other communications, whether orally or in writing, that 99.26allege or imply a violation of a statute, rule, or order that the commissioner has the 99.27authority to enforce pertaining to code compliance, licensure, or an offering to perform 99.28or performance of unlicensed high pressure piping services to the commissioner under 99.29subdivision 8;99.30    (9) approve per diem and expenses deemed necessary for its members as provided in 99.31subdivision 3;99.32    (10) select from its members individuals to serve on any other state advisory council, 99.33board, or committee; and99.34    (11) recommend the fees for licenses and certifications.100.1    Except for the powers granted to the Board of High Pressure Piping Systems, the 100.2commissioner of labor and industry shall administer and enforce the provisions of sections 100.3326.46 to 326.521 and any rules promulgated pursuant thereto.100.4    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.100.5    (c) The commissioner shall coordinate the board's rulemaking and recommendations 100.6with the recommendations and rulemaking conducted by the other boards. The 100.7commissioner shall provide staff support to the board. The support includes professional, 100.8legal, technical, and clerical staff necessary to perform rulemaking and other duties 100.9assigned to the board. The commissioner of labor and industry shall supply necessary 100.10office space and supplies to assist the board in its duties.100.11    Subd. 3.Compensation.(a) Members of the board may be compensated at the rate 100.12of $55 per day spent on board activities, when authorized by the board, plus expenses in 100.13the same manner and amount as authorized by the commissioner's plan adopted under 100.14section 43A.18, subdivision 2. Members who, as a result of time spent attending board 100.15meetings, incur child care expenses that would not otherwise have been incurred, may be 100.16reimbursed for those expenses upon board authorization.100.17    (b) Members who are state employees or employees of political subdivisions of 100.18the state must not receive the daily payment for activities that occur during working 100.19hours for which they are compensated by the state or political subdivision. However, a 100.20state or political subdivision employee may receive the daily payment if the employee 100.21uses vacation time or compensatory time accumulated in accordance with a collective 100.22bargaining agreement or compensation plan for board activities. Members who are state 100.23employees or employees of the political subdivisions of the state may receive the expenses 100.24provided for in this subdivision unless the expenses are reimbursed by another source. 100.25Members who are state employees or employees of political subdivisions of the state 100.26may be reimbursed for child care expenses only for time spent on board activities that 100.27are outside their working hours.100.28    (c) The board shall adopt internal standards prescribing what constitutes a day spent 100.29on  board activities for purposes of making daily payments under this subdivision.100.30    Subd. 4.Removal; vacancies.(a) An appointed member of the board may be 100.31removed by the governor at any time (1) for cause, after notice and hearing, or (2) after 100.32missing three consecutive meetings. The chair of the board shall inform the governor of 100.33an appointed member missing three consecutive meetings. After the second consecutive 100.34missed meeting and before the next meeting, the secretary of the board shall notify the 100.35appointed member in writing that the member may be removed for missing the next 100.36meeting. In the case of a vacancy on the board, the governor shall, with the advice 101.1and consent of the senate, appoint a person to fill the vacancy for the remainder of the 101.2unexpired term.101.3    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.101.4    Subd. 5.Membership vacancies within three months of appointment.101.5    Notwithstanding any law to the contrary, when a seat on the board becomes vacant within 101.6three months after being filled through the appointment process, the governor may, 101.7upon notification to the Office of the Secretary of State, choose a new member from the 101.8applications on hand and need not repeat the process.101.9    Subd. 6.Officers, quorum, voting.(a) The board shall elect annually from its 101.10members a chair, vice-chair, and secretary. A quorum of the board shall consist of a 101.11majority of members of the board qualified to vote on the matter in question. All questions 101.12concerning the manner in which a meeting is conducted or called that are not covered 101.13by statute shall be determined by Robert's Rules of Order (revised) unless otherwise 101.14specified by the bylaws.101.15    (b) Except as provided in paragraph (c), each High Pressure Piping Code amendment 101.16considered by the board that receives an affirmative two-thirds or more majority vote 101.17of all of the voting members of the board shall be included in the next High Pressure 101.18Piping Code rulemaking proceeding initiated by the board. If a High Pressure Piping Code 101.19amendment considered, or reconsidered, by the board receives less than a two-thirds 101.20majority vote of all of the voting members of the board, the High Pressure Piping Code 101.21amendment shall not be included in the next High Pressure Piping Code rulemaking 101.22proceeding initiated by the board.101.23    (c) If the High Pressure Piping Code amendment considered by the board is to 101.24replace the Minnesota High Pressure Piping Code with a model High Pressure Piping 101.25Code, then the amendment may only be included in the next High Pressure Piping Code 101.26rulemaking proceeding if it receives an affirmative two-thirds or more majority vote 101.27of all of the voting members of the board.101.28    (d) The board may reconsider High Pressure Piping Code amendments during 101.29an active High Pressure Piping Code rulemaking proceeding in which the amendment 101.30previously failed to receive a two-thirds or more majority vote of all of the voting 101.31members of the board only if new or updated information that affects the High Pressure 101.32Piping Code amendment is presented to the board. The board may also reconsider failed 101.33High Pressure Piping Code amendments in subsequent High Pressure Piping Code 101.34rulemaking proceedings.101.35    (e) Except as provided in paragraph (f), each proposed rule and rule amendment 101.36considered by the board pursuant to the rulemaking authority specified in subdivision 2, 102.1paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the 102.2voting members of the board shall be included in the next rulemaking proceeding initiated 102.3by the board. If a proposed rule or rule amendment considered, or reconsidered, by the 102.4board receives less than an affirmative majority vote of all of the voting members of the 102.5board, the proposed rule or rule amendment shall not be included in the next rulemaking 102.6proceeding initiated by the board.102.7    (f) The board may reconsider a proposed rule or rule amendment during an 102.8active rulemaking proceeding in which the amendment previously failed to receive an 102.9affirmative majority vote of all of the voting members of the board only if new or updated 102.10information that affects the proposed rule or rule amendment is presented to the board. 102.11The board may also reconsider a failed proposed rule or rule amendment in subsequent 102.12rulemaking proceedings. 102.13    Subd. 7.Board meetings.(a) The board shall hold meetings at such times as the 102.14board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D 102.15and in such a manner as the bylaws may provide.102.16    (b) If compliance with section 13D.02 is impractical, the board may conduct a 102.17meeting of its members by telephone or other electronic means so long as the following 102.18conditions are met:102.19    (1) all members of the board participating in the meeting, wherever their physical 102.20location, can hear one another and can hear all discussion and testimony;102.21    (2)	members of the public present at the regular meeting location of the board can 102.22hear clearly all discussion and testimony and all votes of members of the board and, if 102.23needed, receive those services required by sections 15.44 and 15.441;102.24    (3) at least one member of the board is physically present at the regular meeting 102.25location; and102.26    (4) all votes are conducted by roll call, so each member's vote on each issue can be 102.27identified and recorded.102.28    Each member of the board participating in a meeting by telephone or other electronic 102.29means is considered present at the meeting for purposes of determining a quorum and 102.30participating in all proceedings.102.31    If telephone or other electronic means is used to conduct a regular, special, or 102.32emergency meeting, the board, to the extent practical, shall allow a person to monitor 102.33the meeting electronically from a remote location. The board may require the person 102.34making such a connection to pay for documented costs that the board incurs as a result of 102.35the additional connection.103.1    If telephone or other electronic means is used to conduct a regular, special, or 103.2emergency meeting, the board shall provide notice of the regular meeting location, of the 103.3fact that some members may participate by telephone or other electronic means, and that a 103.4person may monitor the meeting electronically from a remote location. The timing and 103.5method of providing notice is governed by section 13D.04.103.6    Subd. 8.Complaints.(a) The board shall promptly forward to the commissioner 103.7the substance of any complaint or communication it receives, whether in writing or orally, 103.8that alleges or implies a violation of a statute, rule, or order that the commissioner has 103.9the authority to enforce pertaining to the license or registration of any person authorized 103.10by the department to provide high pressure piping services, the performance or offering 103.11to perform high pressure piping services requiring licensure by an unlicensed person, or 103.12high pressure code compliance. Each complaint or communication that is forwarded to the 103.13commissioner shall be submitted on a form provided by the commissioner.103.14    (b) The commissioner shall advise the board of the status of a complaint within 90 103.15days after the board's written submission is received, or within 90 days after the board 103.16is provided with a written request for additional information or documentation from the 103.17commissioner or the commissioner's designee, whichever is later. The commissioner shall 103.18advise the board of the disposition of a complaint referred by the board within 180 days 103.19after the board's written submission is received. The commissioner shall annually report to 103.20the board a summary of the actions taken in response to complaints referred by the board. 103.21    Subd. 9.Data Practices Act.The board is subject to chapter 13, the Minnesota 103.22Government Data Practices Act, and shall protect from unlawful disclosure data classified 103.23as not public.103.24    Subd. 10.Official records.The board shall make and preserve all records  necessary 103.25to a full and accurate knowledge of its official activities in accordance with section 15.17.103.26    Sec. 4. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:103.27    Subdivision 1. License required; rules; time credit. No personindividual shall 103.28engage in or work at the business of a contracting high pressure pipefitter unless issued an 103.29individual contracting pipefitter license to do so by the department of Labor and Industry103.30under rules adopted by the board. No license shall be required for repairs on existing 103.31installations. No personindividual shall engage in or work at the business of journeyman 103.32high pressure pipefitter unless issued an individual journeyman pipefitter competency 103.33license to do so by the department of Labor and Industry under rules adopted by the board. 103.34A person possessing an individual contracting pipefitter competency license may also 103.35work as a journeyman high pressure pipefitter.104.1    No person, partnership, firm, or corporation shall construct or 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 personindividual possessing a 104.4contracting high pressure pipefitter individual competency license or a journeyman high 104.5pressure pipefitter individual competency license is responsible for ensuring that the high 104.6pressure pipefitting work conducted by the person, partnership, firm, or corporation being104.7is in conformity with Minnesota Statutes and Minnesota Rules.104.8    The Department of Labor and Industry board shall prescribe rules, not inconsistent 104.9herewith, for the examination and individual competency licensing of contracting high 104.10pressure pipefitters and journeyman high pressure 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 high pressure pipefitter 104.21competency license. Only full-time employees who hold individual contracting high 104.22pressure pipefitter licenses are authorized to obtain high pressure piping permits in the 104.23name of the business. The individual contracting high pressure 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 person104.27an individual holding an individual contracting high pressure 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 high pressure 104.34pipefitter competency license holder on staff. If a license holder is not employed within 105.160 days after the last day of employment of the previous license holder, the pipefitting 105.2business license shall lapse.105.3    The Department of Labor and Industry board 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    Subd. 6.Reciprocity with other states.The commissioner may issue a temporary 105.8license without examination, upon payment of the required fee, nonresident applicants 105.9who are licensed under the laws of a state having standards for licensing which the 105.10commissioner determines are substantially equivalent to the standards of this state if 105.11the other state grants similar privileges to Minnesota residents duly licensed in this 105.12state. Applicants who receive a temporary license under this section may acquire an 105.13aggregate of 24 months of experience before they have to apply and pass the licensing 105.14examination. Applicants must register with the commissioner of labor and industry and 105.15the commissioner shall set a fee for a temporary license. Applicants have five years in 105.16which to comply with this section.105.17    Sec. 7. Minnesota Statutes 2006, section 326.50, is amended to read:105.18326.50 LICENSE APPLICATION; FEES AND RENEWAL.105.19    Application for an individual contracting high pressure pipefitter competency or an 105.20individual journeyman high pressure 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 developed and administered by the department of Labor and 105.23Industry in accordance with rules adopted by the board. A competency license issued by 105.24the department shall expire on December 31 of each year. A renewal application must be 105.25received by the department within one year after expiration of the competency license. A 105.26license that has been expired for more than one year cannot be renewed, and can only be 105.27reissued if the applicant submits a new application for the competency license, pays a new 105.28application fee, and retakes and passes the applicable license examination.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 
         82.43with the following exceptions:.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:

106.7FeeGross Receipts106.8$100under $1,000,000106.9$150$1,000,000 to $5,000,000106.10$200over $5,000,000

106.11Any person who receives a new license shall pay a fee based on the same scale;106.12    (2) (b) The purpose of this fund is:106.13    (i)(1) 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; and106.23    (ii)(2) to reimburse the Department of Commerce Labor and Industry for all legal 106.24and administrative expenses, including staffing costs, incurred in administering the fund;.106.25    (3) Nothing may obligate the fund for more than $50,000 per claimant, nor more 106.26than $75,000 per licensee; and.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)(c) 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 administrationlabor and industry 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 administrationlabor and industry 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. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING 107.16SYSTEMS.107.17    The commissioner of administration may not use the authority under Minnesota 107.18Statutes, section 16B.37, to modify transfers of authority in this act.107.19    Sec. 11. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH 107.20PRESSURE PIPING SYSTEMS.107.21    The governor must complete the appointments required by Minnesota Statutes, 107.22section 326.471, no later than July 1, 2007. The commissioner of labor and industry 107.23shall convene the first meeting of the Board of High Pressure Piping Systems no later 107.24than September 1, 2007.107.25ARTICLE 5107.26IRON RANGE RESOURCES AND REHABILITATION BOARD107.27    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 plant and stationary mining 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. Effective for proposals for 108.14expenditures of money from the fund beginning the day following final enactment, the 108.15commissioner may not release the funds before the next scheduled meeting of the board. 108.16If the board rejects a proposed expenditure, the funds must be deposited in the Taconite 108.17Environmental Protection Fund under sections 298.222 to 298.225. If a producer uses 108.18money which has been released from the fund prior to the day following final enactment 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 
         298.223108.35and 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. 109.3EFFECTIVE DATE.This section is effective for proposals for expenditures of 109.4money from the fund the day following final enactment.109.5    Sec. 2. APPROPRIATION; IRON RANGE RESOURCES AND 109.6REHABILITATION BOARD.109.7    (a) $575,000 is appropriated from the Iron Range Resources and Rehabilitation 109.8Board fund for fiscal year 2008 for allocation in this section:109.9    (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other 109.10infrastructure to a peat project in Spencer Township in Aitkin County;109.11    (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham 109.12Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent 109.13endowment for the preservation;109.14    (3) $150,000 is for a grant to the Iron Range youth in action program to assist the 109.15organization to employ youth for the construction of community centers;109.16    (4) $50,000 is for a grant to the Iron Range retriever club for pond and field 109.17construction; and109.18    (5) $75,000 is for a grant to the city of Chisholm to improve infrastructure at the 109.19city-owned baseball field.109.20    These are onetime appropriations.109.21    Sec. 3. IRRRB BUILDING.109.22    The Iron Range Resources and Rehabilitation Board office building in Eveleth, 109.23Minnesota is designated and named the Joe Begich Building and shall be signed as such 109.24at every entrance.109.25ARTICLE 6109.26ELECTRICAL109.27    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:109.28    Subd. 6g. PersonalDirect supervision.The term "personal "Direct 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 an unlicensed individual is being supervised by an individual licensed 110.3to perform the electrical work being supervised;110.4    (2) during the entire working day of the unlicensed individual, the licensed 110.5individual is physically present at the location where the unlicensed individual is 110.6preforming electrical work and immediately available to the unlicensed individual;110.7    (3) the licensed person individual is physically present and immediately available to 110.8the unlicensed person individual at all times for assistance and direction; and110.9    (4) electronic supervision does not meet the requirement of physically present and 110.10immediately available;110.11    (5) the licensed individual shall review the electrical work performed by the 110.12unlicensed individual before the electrical work is operated; and110.13    (3) (6) the licensed person individual is able to and does determine that all electrical 110.14work performed by the unlicensed person individual is performed in compliance with 110.15section 
         326.243. 110.16    The licensed person individual is responsible for the compliance with section 110.17326.243
          of all electrical work performed by the unlicensed person individual. 110.18    Sec. 2. [326.2411] BOARD OF ELECTRICITY.110.19    Subdivision 1.Composition.(a) The Board of Electricity shall consist of 12 110.20members. Eleven members shall be appointed by the governor with the advice and consent 110.21of the senate and shall be voting members. Appointments of members by the governor 110.22shall be made in accordance with section 15.066. If the senate votes to refuse to consent 110.23to an appointment of a member made by the governor, the governor shall appoint a new 110.24member with the advice and consent of the senate. One member shall be the commissioner 110.25of labor and industry or the commissioner's designee, who shall be a voting member. Of 110.26the 11 appointed members, the composition shall be as follows:110.27    (1) one member shall be an electrical inspector;110.28    (2) two members shall be representatives of the electrical suppliers in rural areas;110.29    (3) two members shall be master electricians, who shall be contractors;110.30    (4) two members shall be journeyman electricians;110.31    (5) one member shall be a registered consulting electrical engineer;110.32    (6) two members shall be power limited technicians, who shall be technology 110.33system contractors primarily engaged in the business of installing technology circuits 110.34or systems; and110.35    (7) one member shall be a public member as defined by section 214.02.111.1    The electrical inspector shall be appointed to a term to end December 31, 2011. One 111.2of the rural electrical suppliers shall be appointed for a term to end December 31, 2011, 111.3and one rural electrical supplier shall serve for a term to end December 31, 2010. The 111.4consulting electrical engineer shall be appointed for a term to end December 31, 2011. 111.5One of the master electrician contractors shall be appointed for a term to end December 111.631, 2011, and one master electrician contractor shall be appointed for a term to end 111.7December 31, 2010. One of the journeyman electricians shall be appointed for a term to 111.8end December 31, 2011, and one journeyman electrician shall be appointed for a term to 111.9end December 31, 2010. One of the power limited technicians shall be appointed for a 111.10term to end December 31, 2011, and one power limited technician shall be appointed for 111.11a term to end December 31, 2010. The public member shall be appointed for a term to 111.12end December 31, 2010.111.13    (b) The consulting electrical engineer must possess a current Minnesota professional 111.14engineering license and maintain the license for the duration of the term served on the 111.15board. All other appointed members, except the public member and the representatives of 111.16electrical suppliers in rural areas,  must possess a current electrical license issued by the 111.17Department of Labor and Industry and maintain that license for the duration of their terms. 111.18All appointed members must be residents of Minnesota at the time of and throughout 111.19their terms. The term of any appointed member who does not maintain membership 111.20qualification status shall end on the date of status change and the governor shall appoint 111.21a replacement member. It is the responsibility of the member to notify the board of a 111.22change in the member's status.111.23    (c) For appointed members, except the initial terms designated in paragraph (a), each 111.24term shall be three years with the terms ending on the first Monday in January. Members 111.25appointed by the governor shall be limited to three consecutive terms. The governor shall, 111.26all or in part, reappoint the current members or appoint replacement members with the 111.27advice and consent of the senate. Midterm vacancies shall be filled for the remaining 111.28portion of the term. Vacancies occurring with less than six months time remaining in the 111.29term shall be filled for the existing term and the following three-year term. Members may 111.30serve until their successors are appointed but in no case later than July 1 in a year in 111.31which the term expires unless reappointed.111.32    Subd. 2.Powers; duties; administrative support.(a) The board shall have the 111.33power to:111.34    (1) elect its chair, vice-chair, and secretary;112.1    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the 112.2board, and contain such other provisions as may be useful and necessary for the efficient 112.3conduct of the business of the board;112.4    (3) the Minnesota Electrical Code shall be the most current edition of the National 112.5Electrical Code upon its adoption by the board and any amendments thereto as adopted 112.6by the board. The board shall adopt the most current edition of the National Electrical 112.7Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision 112.86, paragraphs (b) and (c);112.9    (4) review requests for final interpretations and issue final interpretations as provided 112.10in section 16B.63, subdivision 5;112.11    (5) adopt rules that regulate the licensure or registration of electrical businesses, 112.12electrical contractors, master electricians, journeyman electricians, class A installer, class 112.13B installer, power limited technicians, and other persons who perform electrical work. 112.14The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 112.156, paragraphs (d) and (e);112.16    (6) adopt rules that regulate continuing education for individuals licensed or 112.17registered as electrical businesses, electrical contractors, master electricians, journeyman 112.18electricians, class A installer, class B installer, power limited technicians, and other 112.19persons who perform electrical work. The board shall adopt these rules pursuant to 112.20chapter 14 and as provided in subdivision 6, paragraph (e);112.21    (7) advise the commissioner regarding educational requirements for electrical 112.22inspectors;112.23    (8) refer complaints or other communications, whether orally or in writing, that 112.24allege or imply a violation of a statute, rule, or order that the commissioner has the 112.25authority to enforce pertaining to code compliance, licensure, or an offering to perform or 112.26performance of unlicensed electrical services to the commissioner under subdivision 8;112.27    (9) approve per diem and expenses deemed necessary for its members as provided in 112.28subdivision 3;112.29    (10) approve license reciprocity agreements;112.30    (11) select from its members individuals to serve on any other state advisory council, 112.31board, or committee; and112.32    (12) recommend the fees for licenses and certifications.112.33    Except for the powers granted to the Board of Electricity, the commissioner of labor 112.34and industry shall administer and enforce the provisions of sections 326.241 to 326.248 112.35and any rules promulgated pursuant thereto.112.36    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.113.1    (c) The commissioner shall coordinate the board's rulemaking and recommendations 113.2with the recommendations and rulemaking conducted by the other boards. The 113.3commissioner shall provide staff support to the board. The support includes professional, 113.4legal, technical, and clerical staff necessary to perform rulemaking and other duties 113.5assigned to the board. The commissioner of labor and industry shall supply necessary 113.6office space and supplies to assist the board in its duties.113.7    Subd. 3.Compensation.(a) Members of the board may be compensated at the rate 113.8of $55 per day spent on board activities, when authorized by the board, plus expenses, in 113.9the same manner and amount as authorized by the commissioner's plan adopted under 113.10section 43A.18, subdivision 2. Members who, as a result of time spent attending board 113.11meetings, incur child care expenses that would not otherwise have been incurred, may be 113.12reimbursed for those expenses upon board authorization.113.13    (b) Members who are state employees or employees of political subdivisions of 113.14the state must not receive the daily payment for activities that occur during working 113.15hours for which they are compensated by the state or political subdivision. However, a 113.16state or political subdivision employee may receive the daily payment if the employee 113.17uses vacation time or compensatory time accumulated in accordance with a collective 113.18bargaining agreement or compensation plan for board activities. Members who are state 113.19employees or employees of the political subdivisions of the state may receive the expenses 113.20provided for in this subdivision unless the expenses are reimbursed by another source. 113.21Members who are state employees or employees of political subdivisions of the state 113.22may be reimbursed for child care expenses only for time spent on board activities that 113.23are outside their working hours.113.24    (c) The board shall adopt internal standards prescribing what constitutes a day spent 113.25on  board activities for purposes of making daily payments under this subdivision.113.26    Subd. 4.Removal; vacancies.(a) An appointed member of the board may be 113.27removed by the governor at any time (1) for cause, after notice and hearing, or (2) after 113.28missing three consecutive meetings. The chair of the board shall inform the governor of 113.29an appointed member missing three consecutive meetings. After the second consecutive 113.30missed meeting and before the next meeting, the secretary of the board shall notify the 113.31appointed member in writing that the member may be removed for missing the next 113.32meeting. In the case of a vacancy on the board, the governor shall, with the advice 113.33and consent of the senate, appoint a person to fill the vacancy for the remainder of the 113.34unexpired term.113.35    (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.114.1    Subd. 5.Membership vacancies within three months of appointment.114.2    Notwithstanding any law to the contrary, when a seat on the board becomes vacant within 114.3three months after being filled through the appointment process, the governor may, 114.4upon notification to the Office of the Secretary of State, choose a new member from the 114.5applications on hand and need not repeat the process.114.6    Subd. 6.Officers, quorum, voting.(a) The board shall elect annually from its 114.7members a chair, vice-chair, and secretary. A quorum of the board shall consist of a 114.8majority of members of the board qualified to vote on the matter in question. All questions 114.9concerning the manner in which a meeting is conducted or called that are not covered 114.10by statute shall be determined by Robert's Rules of Order (revised) unless otherwise 114.11specified by the bylaws.114.12    (b) Except as provided in paragraph (c), each Electrical Code amendment considered 114.13by the board that receives an affirmative two-thirds or more majority vote of all of the 114.14voting members of the board shall be included in the next Electrical Code rulemaking 114.15proceeding initiated by the board.  If an Electrical Code amendment considered, or 114.16reconsidered, by the board receives less than a two-thirds majority vote of all of the voting 114.17members of the board, the Electrical Code amendment shall not be included in the next 114.18Electrical Code rulemaking proceeding initiated by the board.114.19    (c) The board may reconsider Electrical Code amendments during an active 114.20Electrical Code rulemaking proceeding in which the amendment previously failed to 114.21receive a two-thirds or more majority vote of all of the voting members of the board only if 114.22new or updated information that affects the Electrical Code amendment is presented to the 114.23board. The board may also reconsider failed Electrical Code amendments in subsequent 114.24Electrical Code rulemaking proceedings. 114.25    (d) Except as provided in paragraph (e), each proposed rule and rule amendment 114.26considered by the board pursuant to the rulemaking authority specified in subdivision 2, 114.27paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of the all the 114.28voting members of the board shall be included in the next rulemaking proceeding initiated 114.29by the board. If a proposed rule or rule amendment considered, or reconsidered, by the 114.30board receives less than an affirmative majority vote of all of the voting members of the 114.31board, the proposed rule or rule amendment shall not be included in the next rulemaking 114.32proceeding initiated by the board.114.33    (e) The board may reconsider a proposed rule or rule amendment during an 114.34active rulemaking proceeding in which the amendment previously failed to receive an 114.35affirmative majority vote of all of the voting members of the board only if new or updated 114.36information that affects the proposed rule or rule amendment is presented to the board. 115.1The board may also reconsider a failed proposed rule or rule amendment in subsequent 115.2rulemaking proceedings. 115.3    Subd. 7.Board meetings.(a) The board shall hold meetings at such times as the 115.4board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D 115.5and in such a manner as the bylaws may provide.115.6    (b) If compliance with section 13D.02 is impractical, the board may conduct a 115.7meeting of its members by telephone or other electronic means so long as the following 115.8conditions are met:115.9    (1) all members of the board participating in the meeting, wherever their physical 115.10location, can hear one another and can hear all discussion and testimony;115.11    (2) members of the public present at the regular meeting location of the board can 115.12hear clearly all discussion and testimony and all votes of members of the board and, if 115.13needed, receive those services required by sections 15.44 and 15.441;115.14    (3) at least one member of the board is physically present at the regular meeting 115.15location; and115.16    (4) all votes are conducted by roll call, so each member's vote on each issue can be 115.17identified and recorded.115.18    Each member of the board participating in a meeting by telephone or other electronic 115.19means is considered present at the meeting for purposes of determining a quorum and 115.20participating in all proceedings.115.21    If telephone or other electronic means is used to conduct a regular, special, or 115.22emergency meeting, the board, to the extent practical, shall allow a person to monitor 115.23the meeting electronically from a remote location. The board may require the person 115.24making such a connection to pay for documented costs that the board incurs as a result of 115.25the additional connection.115.26    If telephone or other electronic means is used to conduct a regular, special, or 115.27emergency meeting, the board shall provide notice of the regular meeting location, of the 115.28fact that some members may participate by telephone or other electronic means, and that a 115.29person may monitor the meeting electronically from a remote location. The timing and 115.30method of providing notice is governed by section 13D.04.115.31    Subd. 8.Complaints.(a) The board shall promptly forward to the commissioner 115.32the substance of any complaint or communication it receives, whether in writing or orally, 115.33that alleges or implies a violation of a statute, rule, or order that the commissioner has the 115.34authority to enforce pertaining to the license or registration of any person authorized by the 115.35department to provide electrical services, the performance or offering to perform electrical 115.36services requiring licensure by an unlicensed person, or Electrical Code compliance. Each 116.1complaint or communication that is forwarded to the commissioner shall be submitted 116.2on a form provided by the commissioner.116.3    (b) The commissioner shall advise the board of the status of a complaint within 90 116.4days after the board's written submission is received, or within 90 days after the board 116.5is provided with a written request for additional information or documentation from the 116.6commissioner or the commissioner's designee, whichever is later. The commissioner shall 116.7advise the board of the disposition of a complaint referred by the board within 180 days 116.8after the board's written submission is received. The commissioner shall annually report to 116.9the board a summary of the actions taken in response to complaints referred by the board.116.10    Subd. 9.Data Practices Act.The board is subject to chapter 13, the Minnesota 116.11Government Data Practices Act, and shall protect from unlawful disclosure data classified 116.12as not public.116.13    Subd. 10.Official records.The board shall make and preserve all records  necessary 116.14to a full and accurate knowledge of its official activities in accordance with section 15.17.116.15    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 individual shall install, alter, repair, plan, lay out, or supervise the installing, 116.18altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment 116.19for technology circuits or systems unless:116.20    (1) the person individual is licensed by the board commissioner as a power limited 116.21technician; and116.22    (2) the electrical work is:116.23    (i) for a licensed contractor and the person individual is an employee, partner, or 116.24officer of, or is the licensed contractor; or116.25    (ii) performed under the direct supervision of a master electrician or power limited 116.26technician also employed by the person's individual's employer on technology circuits, 116.27systems, apparatus, equipment, or facilities that are owned or leased by the employer that 116.28are located within the limits of property operated, maintained, and either 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 offered by 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, altering and repairing 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 16 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) (d) A company holding an alarm and communication license as of June 30, 2003, 117.13may designate one person individual who may obtain a power limited technician license 117.14without passing an examination administered by the board commissioner by submitting an 117.15application and license fee of $30.117.16    (g) (e) A person who has submitted an application by September 30, 2005 December 117.1731, 2007, to take the power limited technician examination administered by the board117.18department is not required to meet the qualifications set forth in paragraph (b).117.19EFFECTIVE DATE.This section is effective the day following final enactment.117.20    Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:117.21    Subd. 5. Unlicensed persons individuals. (a) An unlicensed person individual 117.22means an individual who has not been licensed by the department to perform specific 117.23electrical work. An unlicensed individual shall not perform electrical work required to 117.24be performed by a licensed individual unless the individual has first registered with the 117.25department as an unlicensed individual. Thereafter, an unlicensed individual shall not 117.26perform electrical work required to be performed by a licensed individual unless the work 117.27is performed under the personal direct supervision of a person an individual actually 117.28licensed to perform such work and. The licensed electrician individual and unlicensed 117.29persons are individual must be employed by the same employer. Licensed persons117.30individuals shall not permit unlicensed persons individuals to perform electrical work 117.31except under the personal direct supervision of a person an individual actually licensed to 117.32perform such work. Unlicensed persons individuals shall not supervise the performance of 117.33electrical work or make assignments of electrical work to unlicensed persons individuals. 117.34Except for technology circuit or system work, licensed persons individuals shall supervise 117.35no more than two unlicensed persons individuals. For technology circuit or system 118.1work, licensed persons individuals shall supervise no more than three unlicensed persons118.2individuals.118.3    (b) Notwithstanding any other provision of this section, no person individual 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 individuals to perform118.8electrical work shall maintain records establishing compliance with this subdivision, 118.9which that shall designate identify all unlicensed persons individuals 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 department to examine and 118.12copy all such records as provided for in section 326.244, subdivision 6. 118.13    (d) When a licensed individual supervises the electrical work of an unlicensed 118.14individual, the licensed individual is responsible for ensuring that the electrical work 118.15complies with the Minnesota Electrical Act and rules adopted under the act.118.16    Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision 118.17to read:118.18    Subd. 5a.Registration of unlicensed individuals.Unlicensed individuals 118.19performing electrical work for a contractor or employer shall register with the department 118.20in the manner prescribed by the commissioner. Experience credit for electrical work 118.21performed in Minnesota after January 1, 2008, by an applicant for a license identified in 118.22this section shall not be granted where the applicant has not registered with or is not 118.23licensed by the department.118.24    Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read:118.25    Subd. 8. License, registration, and renewal fees; expiration.All licenses issued 118.26hereunder shall expire in a manner as provided by the board. (a) Unless revoked or 118.27suspended under this chapter, all licenses issued or renewed under this section expire 118.28on the date specified in this subdivision. Master licenses expire March 1 of each 118.29odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 118.301 of each even-numbered year after issuance or renewal. Technology system contractor 118.31licenses expire August 1 of each even-numbered year after issuance or renewal. All 118.32other personal licenses expire two years from the date of original issuance and every two 118.33years thereafter. Registrations of unlicensed individuals expire one year from the date of 118.34original issuance and every year thereafter.119.1    (b) Fees, as set by the board, shall be payable for application and examination, and 119.2for the original issuance and each subsequent renewal of the following, are:119.3    (1) For each personal license application and examination: $35;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 original issuance of original license and each subsequent renewal of:119.9    Class A Master. or master special electrician, including master elevator constructor: 119.10$40 per year;119.11    Class B Master.: $25 per year;119.12    Power Limited Technician.: $15 per year;119.13    Class A Journeyman, Class B Journeyman, Installer, or Special Electrician. other 119.14than master special electrician: $15 per year;119.15    Electrical contractor: $100 per year.119.16    Technology Systems Contractor Unlicensed individual registration: $15 per year.119.17    (c) If any new license is issued in accordance with this subdivision for less than two 119.18years, the fee for the license shall be prorated on an annual basis. 119.19    (d) A license fee may not be refunded after a license is issued or renewed. However, 119.20if the fee paid for a license was not prorated in accordance with this subdivision, the 119.21amount of the overpayment shall be refunded.119.22    (e) Any contractor who seeks reissuance of a license after it has been revoked or 119.23suspended under this chapter shall submit a reissuance fee of $100 before the license is 119.24reinstated.119.25    (f) The fee for the issuance of each duplicate license is $15.119.26    (3) (g) An individual or contractor who fails to renew a license before 30 days after 119.27the expiration or registration 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 or registrations 119.29are not prorated. An individual or contractor that fails to renew a license or registration by 119.30the expiration date is unlicensed until the license or registration 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. The commissioner may enter into reciprocity 120.4agreements for personal licenses with another state if approved by the board. Once 120.5approved by the board, the commissioner may issue a personal license without requiring 120.6the applicant to pass an examination provided the applicant:120.7    (a) submits an application under section 326.242;120.8    (b) pays the fee required under section 326.242; and120.9    (c) holds a valid comparable license in the state participating in the agreement.120.10    Agreements are subject to the following:120.11    (1) The parties to the agreement must administer a statewide licensing program that 120.12includes examination and qualifying experience or training comparable to Minnesota's.120.13    (2) The experience and training requirements under which an individual applicant 120.14qualified for examination in the qualifying state must be deemed equal to or greater than 120.15required for an applicant making application in Minnesota at the time the applicant 120.16acquired the license in the qualifying state.120.17    (3) The applicant must have acquired the license in the qualifying state through an 120.18examination deemed equivalent to the same class of license examination in Minnesota. 120.19A lesser class of license may be granted where the applicant has acquired a greater 120.20class of license in the qualifying state and the applicant otherwise meets the conditions 120.21of this subdivision.120.22    (4) At the time of application, the applicant must hold a valid license in the 120.23qualifying state and have held the license continuously for at least one year before making 120.24application in Minnesota.120.25    (5) An applicant is not eligible for a license under this subdivision if the applicant 120.26has failed the same or greater class of license examination in Minnesota, or if the 120.27applicant's license of the same or greater class has been revoked or suspended.120.28    (6) An applicant who has failed to renew a personal license for two years or more 120.29after its expiration is not eligible for a license under this subdivision.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 calculated in accordance with subdivisions 2 to 13 15.120.34    Subd. 2. Fee for each separate inspection. The minimum fee for each separate 120.35inspection of an installation, replacement, alteration, or repair is $20. $35. Except as 121.1otherwise provided in this section, the maximum number of separate inspections allowed 121.2without payment of an additional fee is the whole number resulting from dividing by 121.335 the total fee calculated in accordance with this section. Where additional separate 121.4inspections are necessary, additional fees are required to result in a value equal to the total 121.5number of separate inspections multiplied by 35. The fee for any inspections needed after 121.6a "final inspection" is performed shall be calculated without consideration of any fee 121.7paid before the final inspection.121.8    Subd. 3. Fee for services, generators, other power supply sources, or feeders to 121.9separate structures. 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 $35;121.13    (2) 401 ampere to and including 800 ampere capacity, $50 $60; and121.14    (3) ampere capacity above 800, $75 $100.121.15    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 sets of transformer secondary 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 $6; and121.23    (2) ampere capacity above 200, $10 $15.121.24    Where existing feeders and circuits are reconnected to overcurrent devices installed 121.25as part of the replacement of an existing disconnect, switchboard, motor control center, or 121.26panelboard, the inspection fee for each circuit or feeder is $2.121.27    Subd. 5. Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.121.28    (a) The inspection 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. is 121.31the following:121.32    (1) the fee for each service or other source of power as provided in subdivision 3;121.33    (2) $100 for up to 30 feeders and circuits; and121.34    (3) for each additional feeder or circuit, the fee as provided in subdivision 4.121.35This 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.where 15 122.1or more feeders or circuits are installed or extended in connection with any addition, 122.2alteration, or repair to existing dwellings. Where existing feeders and circuits are 122.3reconnected to overcurrent devices installed as part of the replacement of an existing 122.4panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 122.5of separate inspections shall be determined in accordance with subdivision 2. The 122.6fee for additional inspections or other installations is that specified in subdivisions 2 122.7to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the 122.8request for electrical inspection. The fee for each detached accessory structure directly 122.9associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and 122.104. When included on the same request for electrical inspection form, inspection fees for 122.11detached accessory structures directly associated with the dwelling unit may be combined 122.12with the dwelling unit fees to determine the maximum number of separate inspections in 122.13accordance with subdivision 2.122.14    (b) The inspection fee for each dwelling unit of a multifamily dwelling with three 122.15to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.122.16$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder 122.17or circuit. This fee applies to each separate installation for each new dwelling unit and 122.18where ten or more feeders or circuits are installed or extended in connection with any 122.19addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits 122.20are reconnected to overcurrent devices installed as part of the replacement of an existing 122.21panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 122.22of separate inspections for each dwelling unit shall be determined in accordance with 122.23subdivision 2. The fee for additional inspections or for inspection of other installations 122.24is that specified in subdivisions 2, 4, 6, and 8. 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) where the multifamily dwelling is provided with common service equipment 122.28and each dwelling unit is supplied by a separate feeder or feeders extended from common 122.29service or distribution equipment. 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.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 $35. 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 $6 123.7for each circuit originating within the equipment. 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 calculating the fee for each standard.123.12    (d) The fee for transformers for light, heat, and power is $10 $15 for transformers 123.13rated up to ten kilovolt-amperes and $20$30 for transformers rated in excess of ten 123.14kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power 123.15supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power 123.16supplies.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 technology 123.20circuits or systems, and circuits of less than 50 volts, is 50 75 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 is $35. 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 $35 plus 123.27$5 for each electrical drive unit.123.28    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per 123.29lighting fixture luminaire.123.30    (j) When a separate inspection of a concrete-encased grounding electrode is 123.31performed, the fee is $35.123.32    (k) The fees required by subdivisions 3 and 4 are doubled for installations over 123.33600 volts.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 commissioner, 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 minimum fee specified in subdivision 10 2 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 department rules or statutes nor from any penalty prescribed by law.124.9    Subd. 8. Reinspection fee.Notwithstanding the provisions of subdivisions 2 and 5, 124.10when reinspection is necessary to determine whether unsafe conditions identified during a 124.11final inspection have been corrected and the conditions are not the subject of an appeal 124.12pending before the board commissioner or any court, a reinspection fee of $20 may $35 124.13shall 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 $35 shall 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 is $80 per hour, including 124.20travel time, plus 31 cents the standard mileage rate 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 commissioner. 124.23This fee may also be assessed when installations are not accessible by roadway and 124.24require alternate forms of transportation. or are located in the Northwest Angle, or when 124.25inspections are performed outside of Minnesota. For purposes of this subdivision, 124.26the standard mileage rate is the standard mileage rate effective at the time of travel, 124.27as established by the Internal Revenue Service for computing the deductible costs of 124.28operating an automobile for business expense purposes.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 one-hour 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 board125.7commissioner  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 commissioner 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 commissioner and where the board commissioner 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 $35 per unit with a 125.18supply of up to 60 amperes and $30 $40 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 one 125.24hour 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 commissioner shall retain the inspection fee when an owner, 125.29operator, or appointed representative of a transitory enterprise fails to notify the board125.30commissioner at least 48 hours in advance of a scheduled inspection that is canceled.125.31    Subd. 11a.Negotiated fee.When the fee calculated in accordance with subdivisions 125.322 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the 125.33commissioner may negotiate a fee that more reasonably offsets the cost of inspection.125.34    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling 125.35of the paper form requesting an electrical inspection is up to $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 7126.6APPRENTICESHIP BOARD126.7    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 Board 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 BOARD.126.25    Subdivision 1. Members. The commissioner of labor and industry, hereinafter 126.26called the commissioner, shall appoint an Apprenticeship Advisory Council Board, 126.27hereinafter referred to as the council board, 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 board and shall serve in an advisory capacity only.126.31    Subd. 2. Terms. The council board 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 board 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 commissionerboard 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 and consultation of the Apprenticeship Advisory 127.9Council Board, 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 and 127.11consultation with the Apprenticeship Advisory Council Board 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 Board; 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 board's128.5proposals, 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 board with recommendations for further study, consideration and revision. If 128.8the commissioner refuses to accept, adopt, and issue by rule or other appropriate action 128.9a board proposal, the commissioner must provide a written explanation of the reason 128.10for the refusal to the board within 30 days after the board submitted the proposal to the 128.11commissioner. Additional rules may be issued as the commissioner may deem necessary.128.12ARTICLE 8128.13MISCELLANEOUS128.14    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 or the Minnesota Historical 128.18Society 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 or the Minnesota Historical 128.21Society deems proper, subject to the approval of the commissioner of administration.128.22    Subd. 2. Surrender. Notwithstanding the provisions of this section or section 128.23190.09
         , the adjutant general or the Minnesota Historical Society 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 or the 128.26Minnesota Historical Society 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 or the Minnesota Historical Society shall provide 128.29adequate storage and display space for flags, standards, and guidons which have been 128.30repaired and restored. 128.31    Subd. 3.Battle flags; care and control.(a) The flags and colors carried by 128.32Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be 128.33preserved under the care and control of the Minnesota Historical Society. They shall be 129.1suitably encased and marked, and, so far as the historical society may deem it consistent 129.2with the safety of the flags and colors, they shall be publicly displayed in the capitol.129.3    (b) The flags and colors carried by Minnesota troops in subsequent wars shall be 129.4preserved under the care and control of the adjutant general. They shall be suitably 129.5encased and marked, and, so far as the adjutant general may deem it consistent with the 129.6safety of the flags and colors, shall be publicly displayed.129.7    Sec. 2. [325E.65] SALE OF AMERICAN FLAGS.129.8    No person in the business of offering goods at retail may sell or offer for sale in this 129.9state an American flag unless the flag was manufactured in the United States of America.129.10EFFECTIVE DATE.This section is effective January 1, 2008.129.11    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  327.31 to 129.24327.36 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  327.31 to  327.36.129.27    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 construction code 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  327B.01 to  327B.12 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; and130.27    (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, or to provide grants for the 130.33operating cost of public housing. 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, grants, 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 for housing proposals with financial or in-kind contributions from nonstate 131.12resources that reduce the need for deferred loan or grant funds from state resources. These131.13Challenge 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; and131.17    (2) address the housing needs of the local work force.131.18    Among comparable proposals, preference must be given to proposals that include 131.19contributions from nonstate resources for the greatest portion of the total development 131.20cost. Comparable proposals with contributions from local units of government or private 131.21philanthropic, religious, or charitable organizations must be given preference in awarding 131.22grants or loans.131.23    For the purpose of this subdivision, an employer a 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 disabled veterans, persons with 131.32disabilities, and 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 receiving assistance under chapter 132.2256J, 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. WORK GROUP.132.5    The commissioner of employment and economic development shall convene a work 132.6group to evaluate the impact of the money appropriated for wage incentives and how the 132.7wage incentive program works. The work group is to make recommendations to the 132.8legislature by January 15, 2008.132.9    Sec. 10. EFFECTIVE DATE.132.10    Unless another effective date is expressly provided, this act is effective July 1, 2007.