SF 2089

4th Unofficial Engrossment - 85th Legislature (2007 - 2008)

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

1.1A bill for an act 1.2relating to state government; appropriating money for jobs, economic 1.3development, and housing; establishing and modifying certain programs; 1.4providing for regulation of certain activities and practices; providing for 1.5accounts, assessments, and fees; providing penalties;amending Minnesota 1.6Statutes 2006, sections 13.7931, by adding a subdivision; 116J.401, by adding 1.7a subdivision; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555, 1.8subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.01, by 1.9adding a subdivision; 116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.20, 1.10subdivision 1; 116L.666, subdivision 1; 116M.18, subdivision 6a; 177.27, 1.11subdivisions 1, 4, 5, 8, 9, 10, by adding a subdivision; 177.28, subdivision 1; 1.12177.30; 177.43, subdivisions 3, 4, 6, by adding a subdivision; 178.01; 178.02; 1.13178.03, subdivision 3; 178.041, subdivision 1; 179A.04, subdivision 3; 181.932, 1.14subdivision 1; 181.935; 182.65, subdivision 2; 190.096; 268.085, subdivision 1.153; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding a 1.16subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 298.22, 1.17subdivision 2; 298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.241, 1.18subdivisions 1, 2; 326.242, subdivisions 3d, 5, 11, by adding a subdivision; 1.19326.37, subdivision 1, by adding a subdivision; 326.38; 326.40, subdivision 1; 1.20326.401, subdivision 2; 326.405; 326.42, subdivision 1; 326.46; 326.461, by 1.21adding a subdivision; 326.47, subdivisions 2, 6; 326.48, subdivisions 1, 2, by 1.22adding a subdivision; 326.50; 326.51; 326.52; 341.28, subdivision 2, by adding a 1.23subdivision; 341.32, subdivision 2; 341.321; 462.39, by adding a subdivision; 1.24462A.21, subdivision 8b; 462A.33, subdivision 3; 469.021; proposing coding 1.25for new law in Minnesota Statutes, chapters 116J; 116O; 154; 177; 179; 181; 1.26181A; 182; 325E; 326; repealing Minnesota Statutes 2006, sections 16C.18, 1.27subdivision 2; 176.042; 268.035, subdivision 9; 326.01, subdivision 4; 326.242, 1.28subdivision 4; 326.45. 1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30ARTICLE 1 1.31JOBS, ECONOMIC DEVELOPMENT, HOUSING AND MINNESOTA 1.32HERITAGE APPROPRIATIONS SUMMARY 1.33 Section 1. new text begin SUMMARY. new text end 2.1     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.2 new text begin in this act. new text end 2.3 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.4 new text begin General new text end new text begin $ new text end new text begin 213,756,000 new text end new text begin $ new text end new text begin 156,634,000 new text end new text begin $ new text end new text begin 370,390,000 new text end 2.5 new text begin Workforce Development new text end new text begin 15,510,000 new text end new text begin 15,526,000 new text end new text begin 31,036,000 new text end 2.6 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end new text begin 1,400,000 new text end 2.7 2.8 new text begin State Government Special new text end new text begin Revenue new text end new text begin 1,877,000 new text end new text begin 1,925,000 new text end new text begin 3,802,000 new text end 2.9 new text begin Workers' Compensation new text end new text begin 23,379,000 new text end new text begin 23,763,000 new text end new text begin 47,142,000 new text end 2.10 new text begin TANF new text end new text begin 3,075,000 new text end new text begin 3,075,000 new text end new text begin 6,150,000 new text end 2.11 new text begin Total new text end new text begin $ new text end new text begin 258,297,000 new text end new text begin $ new text end new text begin 201,623,000 new text end new text begin $ new text end new text begin 459,920,000 new text end 2.12ARTICLE 2 2.13JOBS AND ECONOMIC DEVELOPMENT 2.14    Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.15 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.16 new text begin General new text end new text begin $ new text end new text begin 94,685,000 new text end new text begin $ new text end new text begin 60,084,000 new text end new text begin $ new text end new text begin 154,769,000 new text end 2.17 new text begin Workforce Development new text end new text begin 15,510,000 new text end new text begin 15,526,000 new text end new text begin 31,036,000 new text end 2.18 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end new text begin 1,400,000 new text end 2.19 2.20 new text begin State Government Special new text end new text begin Revenue new text end new text begin 1,877,000 new text end new text begin 1,925,000 new text end new text begin 3,802,000 new text end 2.21 new text begin Workers' Compensation new text end new text begin 23,379,000 new text end new text begin 23,763,000 new text end new text begin 47,142,000 new text end 2.22 new text begin Total new text end new text begin $ new text end new text begin 136,151,000 new text end new text begin $ new text end new text begin 101,998,000 new text end new text begin $ new text end new text begin 238,149,000 new text end 2.23 Sec. 2. new text begin JOBS AND ECONOMIC DEVELOPMENT. new text end 2.24     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.25 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.26 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.27 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 2.28 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 2.29 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 2.30 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 2.31 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 2.32 new text begin APPROPRIATIONS new text end 2.33 new text begin Available for the Year new text end 2.34 new text begin Ending June 30 new text end 2.35 new text begin 2008 new text end new text begin 2009 new text end 3.1 3.2 Sec. 3. new text begin DEPARTMENT OF EMPLOYMENT new text end new text begin AND ECONOMIC DEVELOPMENT new text end 3.3 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 101,467,000 new text end new text begin $ new text end new text begin 66,589,000 new text end 3.4 new text begin Appropriations by Fund new text end 3.5 new text begin 2008 new text end new text begin 2009 new text end 3.6 new text begin General new text end new text begin 86,022,000 new text end new text begin 51,144,000 new text end 3.7 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.8 3.9 new text begin Workforce new text end new text begin Development new text end new text begin 14,745,000 new text end new text begin 14,745,000 new text end 3.10 new text begin The amounts that may be spent for each new text end 3.11 new text begin purpose are specified in the following new text end 3.12 new text begin subdivisions. new text end 3.13 3.14 new text begin Subd. 2. new text end new text begin Business and Community new text end new text begin Development new text end new text begin 48,938,000 new text end new text begin 14,372,000 new text end 3.15 new text begin Appropriations by Fund new text end 3.16 new text begin General new text end new text begin 48,238,000 new text end new text begin 13,672,000 new text end 3.17 new text begin Remediation new text end new text begin 700,000 new text end new text begin 700,000 new text end 3.18 new text begin (a)(1) $1,100,000 is for a grant under new text end 3.19 new text begin Minnesota Statutes, section 116J.421, new text end 3.20 new text begin to the Rural Policy and Development new text end 3.21 new text begin Center at St. Peter, Minnesota. The grant new text end 3.22 new text begin shall be used for research and policy new text end 3.23 new text begin analysis on emerging economic and social new text end 3.24 new text begin issues in rural Minnesota, to serve as a new text end 3.25 new text begin policy resource center for rural Minnesota new text end 3.26 new text begin communities, to encourage collaboration new text end 3.27 new text begin across higher education institutions, to new text end 3.28 new text begin provide interdisciplinary team approaches new text end 3.29 new text begin to research and problem-solving in rural new text end 3.30 new text begin communities, and to administer overall new text end 3.31 new text begin operations of the center. new text end 3.32 new text begin (2) The grant shall be provided upon the new text end 3.33 new text begin condition that each state-appropriated new text end 3.34 new text begin dollar be matched with a nonstate dollar. new text end 3.35 new text begin Acceptable matching funds are nonstate new text end 3.36 new text begin contributions that the center has received and new text end 4.1 new text begin have not been used to match previous state new text end 4.2 new text begin grants. Any funds not spent the first year are new text end 4.3 new text begin available the second year. new text end 4.4 new text begin (b) $200,000 each year is for a grant to new text end 4.5 new text begin WomenVenture for women's business new text end 4.6 new text begin development programs. new text end 4.7 new text begin (c) $500,000 the first year is for a grant to new text end 4.8 new text begin University Enterprise Laboratories (UEL) new text end 4.9 new text begin for its direct and indirect expenses to support new text end 4.10 new text begin efforts to encourage the growth of early-stage new text end 4.11 new text begin and emerging bioscience companies. UEL new text end 4.12 new text begin must provide a report by June 30 each year new text end 4.13 new text begin to the commissioner on the expenditures new text end 4.14 new text begin until the appropriation is expended. This is a new text end 4.15 new text begin onetime appropriation and is available until new text end 4.16 new text begin expended. new text end 4.17 new text begin (d) $2,180,000 the first year is for grants new text end 4.18 new text begin under Minnesota Statutes, section 116J.571, new text end 4.19 new text begin for the redevelopment grant program. This is new text end 4.20 new text begin a onetime appropriation. new text end 4.21 new text begin (e) $100,000 each year is to the Public new text end 4.22 new text begin Facilities Authority for the small community new text end 4.23 new text begin wastewater treatment program under new text end 4.24 new text begin Minnesota Statutes, chapter 446A. new text end 4.25 new text begin (f) $510,000 the first year is for the urban new text end 4.26 new text begin initiative program under Minnesota Statutes, new text end 4.27 new text begin chapter 116M, of which, $255,000 is for new text end 4.28 new text begin a grant to the Metropolitan Economic new text end 4.29 new text begin Development Association for continuing new text end 4.30 new text begin minority business development programs new text end 4.31 new text begin in the metropolitan area. This is a onetime new text end 4.32 new text begin appropriation. new text end 4.33 new text begin (g) $85,000 each year is for a grant to the new text end 4.34 new text begin Minnesota Inventors Congress, of which new text end 4.35 new text begin $10,000 must be used for youth inventors. new text end 5.1 new text begin (h) $151,000 the first year is for a grant to the new text end 5.2 new text begin city of Faribault to design, construct, furnish, new text end 5.3 new text begin and equip renovations to accommodate new text end 5.4 new text begin handicapped accessibility at the Paradise new text end 5.5 new text begin Center for the Arts. new text end 5.6 new text begin (i) $3,000,000 the first year is for loans new text end 5.7 new text begin authorized under Minnesota Statutes, section new text end 5.8 new text begin 116J.417. This appropriation is available new text end 5.9 new text begin until expended. new text end 5.10 new text begin (j) $1,000,000 each year is to Minnesota new text end 5.11 new text begin Technology, Inc. for the small business new text end 5.12 new text begin growth acceleration program established new text end 5.13 new text begin under Minnesota Statutes, section new text end new text begin . new text end 5.14 new text begin This is a onetime appropriation. new text end 5.15 new text begin (k) $350,000 the first year is for a grant to new text end 5.16 new text begin the city of Northome for the construction new text end 5.17 new text begin of a new municipal building to replace the new text end 5.18 new text begin structures damaged by fire on July 22, 2006. new text end 5.19 new text begin This appropriation is available when the new text end 5.20 new text begin commissioner determines that a sufficient new text end 5.21 new text begin match is available from nonstate sources to new text end 5.22 new text begin complete the project. new text end 5.23 new text begin (l) $325,000 each year is for a technology new text end 5.24 new text begin and commercialization unit established new text end 5.25 new text begin under article 3, section 33. This is a onetime new text end 5.26 new text begin appropriation. new text end 5.27 new text begin (m) $500,000 in the first year is for a new text end 5.28 new text begin grant to the city of Worthington for an new text end 5.29 new text begin agricultural-based bioscience training and new text end 5.30 new text begin testing center. Funds appropriated under this new text end 5.31 new text begin section must be used to provide a training new text end 5.32 new text begin and testing facility for incubator firms new text end 5.33 new text begin developing new agricultural processes and new text end 5.34 new text begin products. This is a onetime appropriation new text end 5.35 new text begin and is available until expended. new text end 6.1 new text begin (n) $2,200,000 in the first year is for a grant new text end 6.2 new text begin to BioBusiness Alliance of Minnesota for new text end 6.3 new text begin bioscience business development programs new text end 6.4 new text begin to promote and position the state as a global new text end 6.5 new text begin leader in bioscience business activities. new text end 6.6 new text begin These funds may be used for: new text end 6.7 new text begin (1) completion and periodic updating of new text end 6.8 new text begin a statewide bioscience business industry new text end 6.9 new text begin assessment of business technology new text end 6.10 new text begin enterprises and Minnesota's competitive new text end 6.11 new text begin position employing annual updates to federal new text end 6.12 new text begin industry classification data; new text end 6.13 new text begin (2) long-term strategic planning that includes new text end 6.14 new text begin projections of market changes resulting new text end 6.15 new text begin from developments in biotechnology and the new text end 6.16 new text begin development of 20-year goals, strategies, and new text end 6.17 new text begin identified objectives for renewable energy, new text end 6.18 new text begin medical devices, biopharma, and biologics new text end 6.19 new text begin business development in Minnesota; new text end 6.20 new text begin (3) the design and construction of a new text end 6.21 new text begin Minnesota focused bioscience business new text end 6.22 new text begin model to test competing strategies and new text end 6.23 new text begin scenarios, evaluate options, and forecast new text end 6.24 new text begin outcomes; and new text end 6.25 new text begin (4) creation of a bioscience business new text end 6.26 new text begin resources network that includes development new text end 6.27 new text begin of a statewide bioscience business economic new text end 6.28 new text begin development framework to encourage new text end 6.29 new text begin bioscience business development and new text end 6.30 new text begin encourage spin-off activities, attract new text end 6.31 new text begin bioscience business location or expansion in new text end 6.32 new text begin Minnesota, and establish a local capability to new text end 6.33 new text begin support strategic system level planning for new text end 6.34 new text begin industry, government, and academia. new text end 7.1 new text begin This appropriation is available until June 30, new text end 7.2 new text begin 2009. new text end 7.3 new text begin (o) $325,000 is for a grant to the Walker new text end 7.4 new text begin Area Community Center, Inc., to construct, new text end 7.5 new text begin furnish, and equip the Walker Area new text end 7.6 new text begin Community Center. This appropriation is new text end 7.7 new text begin not available until the commissioner has new text end 7.8 new text begin determined that an amount sufficient to new text end 7.9 new text begin complete the project has been committed new text end 7.10 new text begin from nonstate sources. new text end 7.11 new text begin (p) $120,000 the first year is for a grant new text end 7.12 new text begin to the Pine Island Economic Development new text end 7.13 new text begin Authority for predesign to upgrade and new text end 7.14 new text begin extend utilities to serve Elk Run Bioscience new text end 7.15 new text begin Research Park and The Falls - Healthy new text end 7.16 new text begin Living By Nature, an integrated medicine new text end 7.17 new text begin facility. This is a onetime appropriation and new text end 7.18 new text begin is available until expended. new text end 7.19 new text begin (q) $300,000 the first year is for a grant new text end 7.20 new text begin to Thomson Township for infrastructure new text end 7.21 new text begin improvements for the industrial park. This is new text end 7.22 new text begin a onetime appropriation. new text end 7.23 new text begin (r) $75,000 the first year for a grant to new text end 7.24 new text begin Le Sueur County for the cost of cleaning new text end 7.25 new text begin debris from lakes in Le Sueur County, new text end 7.26 new text begin caused by the August 24, 2006, tornado in new text end 7.27 new text begin southern Le Sueur County. This is a onetime new text end 7.28 new text begin appropriation. new text end 7.29 new text begin (s) $3,000,000 the second year is for new text end 7.30 new text begin bioscience business development and new text end 7.31 new text begin commercialization grants. The commissioner new text end 7.32 new text begin shall designate an evaluation team to accept new text end 7.33 new text begin grant applications, review and evaluate new text end 7.34 new text begin grant proposals, and select up to five grant new text end 7.35 new text begin proposals to receive funding each year. new text end 8.1 new text begin The evaluation team shall be comprised new text end 8.2 new text begin of not more than 12 members including: new text end 8.3 new text begin the commissioner or the commissioner's new text end 8.4 new text begin designee; representatives of bioscience new text end 8.5 new text begin businesses; public and private institutions new text end 8.6 new text begin of higher education; private investment new text end 8.7 new text begin companies; a nonprofit entity that qualifies as new text end 8.8 new text begin a 501(c)6 under the Internal Revenue Code new text end 8.9 new text begin and is a trade association representing the new text end 8.10 new text begin life sciences industry; and a bio business new text end 8.11 new text begin alliance that qualifies as a 501(c)3 under the new text end 8.12 new text begin Internal Revenue Code. The criteria used new text end 8.13 new text begin by the evaluation team in evaluating grant new text end 8.14 new text begin proposals must include, but is not limited new text end 8.15 new text begin to: the potential to create and sustain jobs new text end 8.16 new text begin within the state of Minnesota; the potential new text end 8.17 new text begin for long-term business activity, growth, new text end 8.18 new text begin and expansion in Minnesota; the level of new text end 8.19 new text begin technological maturity; the potential to attract new text end 8.20 new text begin private investment; and the availability and new text end 8.21 new text begin readiness of markets. The commissioner new text end 8.22 new text begin must report to the standing committees of new text end 8.23 new text begin the house of representatives and the senate new text end 8.24 new text begin having jurisdiction over bioscience and new text end 8.25 new text begin technology issues by February 1 each year new text end 8.26 new text begin on the number, type, and amounts of grants new text end 8.27 new text begin awarded and the activities of the grant new text end 8.28 new text begin recipients. This is a onetime appropriation new text end 8.29 new text begin and is available until expended. new text end 8.30 new text begin (t) $1,500,000 the first year is for the urban new text end 8.31 new text begin challenge grant program under Minnesota new text end 8.32 new text begin Statutes, section 116M.18, of which new text end 8.33 new text begin $1,000,000 is for a grant to the Neighborhood new text end 8.34 new text begin Development Center for assistance necessary new text end 8.35 new text begin to retain minority business enterprises new text end 9.1 new text begin at the Global Market. This is a onetime new text end 9.2 new text begin appropriation. new text end 9.3 new text begin (u) $375,000 each year is to develop and new text end 9.4 new text begin operate a bioscience business marketing new text end 9.5 new text begin program to market Minneota bioscience new text end 9.6 new text begin businesses and business opportunities new text end 9.7 new text begin to other states and other countries. The new text end 9.8 new text begin bioscience business marketing program must new text end 9.9 new text begin emphasize bioscience business location and new text end 9.10 new text begin expansion opportunities in communities new text end 9.11 new text begin outside of the seven-county metropolitan new text end 9.12 new text begin area as defined in Minnesota Statutes, new text end 9.13 new text begin section 473.121, subdivision 2, that have new text end 9.14 new text begin established collaborative plans among two new text end 9.15 new text begin or more municipal units for bioscience new text end 9.16 new text begin business activities, and that are within 15 new text end 9.17 new text begin miles of a four-year, baccalaureate degree new text end 9.18 new text begin granting institution or a two-year technical new text end 9.19 new text begin or community college that offers bioscience new text end 9.20 new text begin curricula. The commissioner must report new text end 9.21 new text begin to the committees of the senate and house new text end 9.22 new text begin of representatives having jurisdiction new text end 9.23 new text begin over bioscience and technology issues by new text end 9.24 new text begin February 1 of each year on the expenditures new text end 9.25 new text begin of these funds and the promotional activities new text end 9.26 new text begin undertaken to market the Minnesota new text end 9.27 new text begin bioscience industry to persons outside of the new text end 9.28 new text begin state. This is a onetime appropriation and is new text end 9.29 new text begin available until expended. new text end 9.30 new text begin (v) $225,000 each year is for the purposes new text end 9.31 new text begin of the nanotechnology development fund new text end 9.32 new text begin program (NDF) established in section 12, for new text end 9.33 new text begin grants to promote increased use of advanced new text end 9.34 new text begin instrumentation for nanomaterials analysis, new text end 9.35 new text begin to be awarded on a one-to-one matching basis new text end 10.1 new text begin to qualifying Minnesota small businesses. new text end 10.2 new text begin This is a onetime appropriation. new text end 10.3 new text begin (w) $50,000 the first year is for a contract new text end 10.4 new text begin with a public higher education institution new text end 10.5 new text begin in Minnesota jointly entered into with the new text end 10.6 new text begin Center for Rural Development to study the new text end 10.7 new text begin needs of the renewable energy economy for new text end 10.8 new text begin trained employees and the training required new text end 10.9 new text begin for those employees. The study must include new text end 10.10 new text begin extensive consultation and involvement of new text end 10.11 new text begin representatives of the renewable energy new text end 10.12 new text begin industry, environmental interests, labor, the new text end 10.13 new text begin University of Minnesota, and the Minnesota new text end 10.14 new text begin State Colleges and Universities. The new text end 10.15 new text begin commissioner shall report the results of the new text end 10.16 new text begin study to the chairs of the finance divisions new text end 10.17 new text begin of the legislature with jurisdiction over new text end 10.18 new text begin economic development, energy, and higher new text end 10.19 new text begin education by November 1, 2007. This is a new text end 10.20 new text begin onetime appropriation. new text end 10.21 new text begin (x) $24,880,000 is for the Minnesota new text end 10.22 new text begin minerals 21st century fund created in new text end 10.23 new text begin Minnesota Statutes, section 116J.423, new text end 10.24 new text begin to restore the money unallotted by the new text end 10.25 new text begin commissioner of finance in 2003 pursuant new text end 10.26 new text begin to Minnesota Statutes, section 16A.152. new text end 10.27 new text begin This appropriation may be used as provided new text end 10.28 new text begin in Minnesota Statutes, section 116J.423, new text end 10.29 new text begin subdivision 2. This appropriation is available new text end 10.30 new text begin until expended. new text end 10.31 new text begin (y) $900,000 each year is for a grant to the new text end 10.32 new text begin city of St. Paul to be used to pay debt service new text end 10.33 new text begin on bond obligations issued by the city of St. new text end 10.34 new text begin Paul in 1996 for the convention center. new text end 11.1 new text begin (z) $189,000 each year is appropriated from new text end 11.2 new text begin the general fund to the commissioner of new text end 11.3 new text begin employment and economic development for new text end 11.4 new text begin grants of $63,000 to eligible organizations new text end 11.5 new text begin each year and for the purposes of this new text end 11.6 new text begin paragraph. Each state grant dollar must be new text end 11.7 new text begin matched with $1 of nonstate funds. Any new text end 11.8 new text begin balance in the first year does not cancel but is new text end 11.9 new text begin available in the second year. new text end 11.10 new text begin The commissioner of employment and new text end 11.11 new text begin economic development must make grants to new text end 11.12 new text begin organizations to assist in the development new text end 11.13 new text begin of entrepreneurs and small businesses. new text end 11.14 new text begin Three grants must be awarded to continue new text end 11.15 new text begin or to develop a program. One grant must new text end 11.16 new text begin be awarded to the Riverbend Center for new text end 11.17 new text begin Entrepreneurial Facilitation in Blue Earth new text end 11.18 new text begin County, and two to other organizations new text end 11.19 new text begin serving Faribault and Martin Counties. Grant new text end 11.20 new text begin recipients must report to the commissioner new text end 11.21 new text begin by February 1 of each year that the new text end 11.22 new text begin organization receives a grant with the new text end 11.23 new text begin number of customers served; the number of new text end 11.24 new text begin businesses started, stabilized, or expanded; new text end 11.25 new text begin the number of jobs created and retained; and new text end 11.26 new text begin business success rates. The commissioner new text end 11.27 new text begin must report to the house of representatives new text end 11.28 new text begin and senate committees with jurisdiction new text end 11.29 new text begin over economic development finance on the new text end 11.30 new text begin effectiveness of these programs for assisting new text end 11.31 new text begin in the development of entrepreneurs and new text end 11.32 new text begin small businesses. new text end 11.33 new text begin (aa) $10,000 for the biennium is to the new text end 11.34 new text begin commissioner of employment and economic new text end 11.35 new text begin development for the Minnesota investment new text end 11.36 new text begin fund. This grant is not subject to grant new text end 12.1 new text begin limitations under section 116J.8731, new text end 12.2 new text begin subdivision 5. new text end 12.3 new text begin Subd. 3. new text end new text begin Workforce Development new text end new text begin 49,531,000 new text end new text begin 49,197,000 new text end 12.4 new text begin Appropriations by Fund new text end 12.5 new text begin General new text end new text begin 34,786,000 new text end new text begin 34,452,000 new text end 12.6 12.7 new text begin Workforce new text end new text begin Development new text end new text begin 14,745,000 new text end new text begin 14,745,000 new text end 12.8 new text begin (a) $6,785,000 each year is for the Minnesota new text end 12.9 new text begin job skills partnership program under new text end 12.10 new text begin Minnesota Statutes, sections 116L.01 to new text end 12.11 new text begin 116L.17. If the appropriation for either new text end 12.12 new text begin year is insufficient, the appropriation for the new text end 12.13 new text begin other year is available. This appropriation is new text end 12.14 new text begin available until spent. new text end 12.15 new text begin (b) $305,000 each year is for a grant under new text end 12.16 new text begin Minnesota Statutes, section 116J.8747, to new text end 12.17 new text begin Twin Cities RISE! to provide training to new text end 12.18 new text begin hard-to-train individuals. new text end 12.19 new text begin (c) $1,375,000 each year is from new text end 12.20 new text begin the workforce development fund for new text end 12.21 new text begin Opportunities Industrialization Center new text end 12.22 new text begin programs. new text end 12.23 new text begin (d) $5,864,000 each year is from the general new text end 12.24 new text begin fund and $6,920,000 each year is from the new text end 12.25 new text begin workforce development fund for extended new text end 12.26 new text begin employment services for persons with new text end 12.27 new text begin severe disabilities or related conditions under new text end 12.28 new text begin Minnesota Statutes, section 268A.15. Of this, new text end 12.29 new text begin $125,000 each year and in the base for fiscal new text end 12.30 new text begin years 2010 and 2011 is to supplement funds new text end 12.31 new text begin paid for wage incentive for the community new text end 12.32 new text begin support fund established in Minnesota Rules, new text end 12.33 new text begin part 3300.2045. new text end 12.34 new text begin (e) $1,900,000 each year is for grants for new text end 12.35 new text begin programs that provide employment support new text end 13.1 new text begin services to persons with mental illness under new text end 13.2 new text begin Minnesota Statutes, sections 268A.13 and new text end 13.3 new text begin 268A.14. Up to $77,000 each year may be new text end 13.4 new text begin used for administrative and salary expenses. new text end 13.5 new text begin (f) $2,190,000 each year is for grants under new text end 13.6 new text begin Minnesota Statutes, section 268A.11, for the new text end 13.7 new text begin eight centers for independent living. Money new text end 13.8 new text begin not expended the first year is available the new text end 13.9 new text begin second year. new text end 13.10 new text begin (g) $5,940,000 each year is for State Services new text end 13.11 new text begin for the Blind activities. new text end 13.12 new text begin (h) $150,000 each year is from the general new text end 13.13 new text begin fund and $175,000 each year is from the new text end 13.14 new text begin workforce development fund for grants under new text end 13.15 new text begin Minnesota Statutes, section 268A.03, to Rise, new text end 13.16 new text begin Inc. for the Minnesota Employment Center new text end 13.17 new text begin for People Who are Deaf or Hard-of-Hearing. new text end 13.18 new text begin Money not expended the first year is new text end 13.19 new text begin available the second year. new text end 13.20 new text begin (i) $9,021,000 each year from the general new text end 13.21 new text begin fund is for the vocational rehabilitation new text end 13.22 new text begin program and $325,000 each year from new text end 13.23 new text begin the workforce development fund is for new text end 13.24 new text begin interpreters for a regional transition program new text end 13.25 new text begin specializing in culturally appropriate new text end 13.26 new text begin transition services leading to employment new text end 13.27 new text begin for deaf, hard-of-hearing, and deaf-blind new text end 13.28 new text begin students. new text end 13.29 new text begin (j) $150,000 each year is for a grant to new text end 13.30 new text begin Advocating Change Together for training, new text end 13.31 new text begin technical assistance, and resource materials new text end 13.32 new text begin to persons with developmental and mental new text end 13.33 new text begin illness disabilities. new text end 13.34 new text begin (k) $300,000 each year for a grant to new text end 13.35 new text begin Lifetrack Resources for its immigrant/refugee new text end 14.1 new text begin collaborative programs, including those new text end 14.2 new text begin related to job-seeking skills and workplace new text end 14.3 new text begin orientation, intensive job development, new text end 14.4 new text begin functional work English, and on-site job new text end 14.5 new text begin coaching. $50,000 of this amount is for a new text end 14.6 new text begin pilot Lifetrack project in Rochester. new text end 14.7 new text begin (l) $1,075,000 each year is for the youthbuild new text end 14.8 new text begin program under Minnesota Statutes, sections new text end 14.9 new text begin 116L.361 to 116L.366. new text end 14.10 new text begin (m) $1,350,000 each year is from the new text end 14.11 new text begin workforce development fund for grants new text end 14.12 new text begin to fund summer youth employment in new text end 14.13 new text begin Minneapolis. The grants shall be used to new text end 14.14 new text begin fund up to 500 jobs for youth each summer. new text end 14.15 new text begin Of this appropriation, $350,000 each year is new text end 14.16 new text begin for a grant to the learn-to-earn summer youth new text end 14.17 new text begin employment program. The commissioner new text end 14.18 new text begin shall establish criteria for awarding the new text end 14.19 new text begin grants. This appropriation is available in new text end 14.20 new text begin either year of the biennium and is available new text end 14.21 new text begin until spent. new text end 14.22 new text begin (n) $50,000 each year is for a grant new text end 14.23 new text begin to Northern Connections in Perham to new text end 14.24 new text begin implement and operate a pilot workforce new text end 14.25 new text begin program that provides one-stop supportive new text end 14.26 new text begin services to assist individuals as they transition new text end 14.27 new text begin into the workforce. This appropriation is new text end 14.28 new text begin available to the extent it is matched by $1 of new text end 14.29 new text begin nonstate money for each $1 of state money. new text end 14.30 new text begin (o) $100,000 each year is for a grant to new text end 14.31 new text begin Ramsey County Workforce Investment Board new text end 14.32 new text begin for the development of the building lives new text end 14.33 new text begin program. This is a onetime appropriation. new text end 14.34 new text begin (p) $300,000 each year is for a grant to the new text end 14.35 new text begin Hennepin-Carver Workforce Investment new text end 15.1 new text begin Board (WIB) to coordinate with the Partners new text end 15.2 new text begin for Progress Regional Skills Consortium new text end 15.3 new text begin to provide employment and training as new text end 15.4 new text begin demonstrated by the Twin Cities regional new text end 15.5 new text begin health care training partnership project. new text end 15.6 new text begin (q) $160,000 the first year is for a grant new text end 15.7 new text begin to Workforce Development, Inc., for a new text end 15.8 new text begin pilot project to provide demand-driven new text end 15.9 new text begin employment and training services to new text end 15.10 new text begin welfare recipients and other economically new text end 15.11 new text begin disadvantaged populations in Mower, new text end 15.12 new text begin Freeborn, Dodge, and Steele Counties. This new text end 15.13 new text begin is a onetime appropriation. new text end 15.14 new text begin (r) $200,000 each year is for a grant to new text end 15.15 new text begin HIRED to operate its industry sector training new text end 15.16 new text begin initiatives, which provide employee training new text end 15.17 new text begin developed in collaboration with employers in new text end 15.18 new text begin specific, high-demand industries. This is a new text end 15.19 new text begin onetime appropriation. new text end 15.20 new text begin (s) $200,000 the first year is for a grant new text end 15.21 new text begin to a nonprofit organization. The nonprofit new text end 15.22 new text begin organization must work on behalf of all new text end 15.23 new text begin licensed vendors to coordinate their efforts new text end 15.24 new text begin to respond to solicitations or other requests new text end 15.25 new text begin from private and governmental units as new text end 15.26 new text begin defined in Minnesota Statutes, section new text end 15.27 new text begin 471.59, subdivision 1, in order to increase new text end 15.28 new text begin employment opportunities for persons with new text end 15.29 new text begin disabilities. new text end 15.30 new text begin (t) $3,500,000 each year from the workforce new text end 15.31 new text begin development fund is for the Minnesota youth new text end 15.32 new text begin program under Minnesota Statutes, section new text end 15.33 new text begin 116L.56 and 116L.561. new text end 15.34 new text begin (u) $500,000 each year from the workforce new text end 15.35 new text begin development fund is for a grant to the new text end 16.1 new text begin Minnesota Alliance of Boys and Girls new text end 16.2 new text begin Clubs to administer a statewide project new text end 16.3 new text begin of youth job skills development. This new text end 16.4 new text begin project, which may have career guidance new text end 16.5 new text begin components, including health and life skills, new text end 16.6 new text begin is to encourage, train, and assist youth in new text end 16.7 new text begin job-seeking skills, workplace orientation, new text end 16.8 new text begin and job site knowledge through coaching. new text end 16.9 new text begin This grant requires a 25 percent match from new text end 16.10 new text begin nonstate resources. new text end 16.11 new text begin (v) $350,000 in each year from the workforce new text end 16.12 new text begin development fund is for a grant to Ramsey new text end 16.13 new text begin County for a summer youth employment new text end 16.14 new text begin program to place at-risk youth, ages 14 to 21, new text end 16.15 new text begin in subsidized summer employment. new text end 16.16 new text begin (w) $10,000 the first year is for a study on new text end 16.17 new text begin ways to promote employment opportunities new text end 16.18 new text begin for minorities, with a particular focus on new text end 16.19 new text begin opportunities for American blacks, in the new text end 16.20 new text begin state of Minnesota. The study should focus new text end 16.21 new text begin on how to significantly expand the job new text end 16.22 new text begin training available to minorities and promote new text end 16.23 new text begin substantial increases in the wages paid to new text end 16.24 new text begin minorities, at least to a rate well above living new text end 16.25 new text begin wage, and within several years, to equality. new text end 16.26 new text begin The commissioner must report on the study new text end 16.27 new text begin to the governor and the chair of the finance new text end 16.28 new text begin committee in each house of the legislature new text end 16.29 new text begin that has jurisdiction over employment by new text end 16.30 new text begin January 15, 2008, with recommendations for new text end 16.31 new text begin implementing the findings. new text end 16.32 new text begin The commissioner must provide funding new text end 16.33 new text begin for the Minnesota Conservation Corps to new text end 16.34 new text begin provide learning stipends for deaf students new text end 17.1 new text begin and wages for interpreters participating in new text end 17.2 new text begin the MCC summer youth program. new text end 17.3 new text begin Subd. 4. new text end new text begin State-Funded Administration new text end new text begin 2,998,000 new text end new text begin 3,020,000 new text end 17.4 new text begin The first $1,450,000 deposited in each new text end 17.5 new text begin year of the biennium and in each year of new text end 17.6 new text begin subsequent bienniums into the contingent new text end 17.7 new text begin account created under Minnesota Statutes, new text end 17.8 new text begin section 268.196, subdivision 3, shall be new text end 17.9 new text begin transferred by June 30 of each fiscal year new text end 17.10 new text begin to the workforce development fund created new text end 17.11 new text begin under Minnesota Statutes, section 116L.20. new text end 17.12 new text begin Deposits in excess of $1,450,000 shall be new text end 17.13 new text begin transferred by June 30 of each fiscal year to new text end 17.14 new text begin the general fund. new text end 17.15 17.16 Sec. 4. new text begin DEPARTMENT OF LABOR AND new text end new text begin INDUSTRY new text end 17.17 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 29,002,000 new text end new text begin $ new text end new text begin 29,794,000 new text end 17.18 new text begin Appropriations by Fund new text end 17.19 new text begin 2008 new text end new text begin 2009 new text end 17.20 new text begin General new text end new text begin 4,644,000 new text end new text begin 5,035,000 new text end 17.21 17.22 new text begin Workers' new text end new text begin Compensation new text end new text begin 21,716,000 new text end new text begin 22,053,000 new text end 17.23 17.24 new text begin Workforce new text end new text begin Development new text end new text begin 765,000 new text end new text begin 781,000 new text end 17.25 17.26 new text begin State Government new text end new text begin Special Revenue new text end new text begin 1,877,000 new text end new text begin 1,925,000 new text end 17.27 new text begin The amounts that may be spent for each new text end 17.28 new text begin purpose are specified in the following new text end 17.29 new text begin subdivisions. new text end 17.30 new text begin Subd. 2. new text end new text begin Workers' Compensation new text end new text begin 10,381,000 new text end new text begin 10,659,000 new text end 17.31 new text begin This appropriation is from the workers' new text end 17.32 new text begin compensation fund. new text end 17.33 new text begin $200,000 each year is for grants to the new text end 17.34 new text begin Vinland Center for rehabilitation services. new text end 17.35 new text begin Subd. 3. new text end new text begin Safety Codes and Services new text end new text begin 9,949,000 new text end new text begin 10,134,000 new text end 18.1 new text begin $5,292,000 the first year and $5,388,000 new text end 18.2 new text begin the second year are from the workers' new text end 18.3 new text begin compensation fund. $1,877,000 the first year new text end 18.4 new text begin and $1,925,000 the second year are from the new text end 18.5 new text begin state government special revenue fund. new text end 18.6 new text begin $1,000,000 each year is from the workers' new text end 18.7 new text begin compensation fund for patient safe handling new text end 18.8 new text begin grants under Minnesota Statutes, section new text end 18.9 new text begin 182.6553. new text end 18.10 new text begin $100,000 each year is from the workers' new text end 18.11 new text begin compensation fund for the operation of new text end 18.12 new text begin the meatpacking industry workers' rights new text end 18.13 new text begin ombudsman under Minnesota Statutes, new text end 18.14 new text begin section 179.87. new text end 18.15 new text begin Subd. 4. new text end new text begin Labor Standards/Apprenticeship new text end new text begin 2,629,000 new text end new text begin 2,995,000 new text end 18.16 new text begin Appropriations by Fund new text end 18.17 new text begin General new text end new text begin 1,864,000 new text end new text begin 2,214,000 new text end 18.18 18.19 new text begin Workforce new text end new text begin Development new text end new text begin 765,000 new text end new text begin 781,000 new text end 18.20 new text begin The appropriation from the workforce new text end 18.21 new text begin development fund is for the apprenticeship new text end 18.22 new text begin program under Minnesota Statutes, chapter new text end 18.23 new text begin 178, and includes $100,000 each year for new text end 18.24 new text begin labor education and advancement program new text end 18.25 new text begin grants. new text end 18.26 new text begin $360,000 the first year and $300,000 the new text end 18.27 new text begin second year from the general fund are for new text end 18.28 new text begin prevailing wage enforcement of which new text end 18.29 new text begin $60,000 in the first year is for outreach and new text end 18.30 new text begin survey participation improvements. new text end 18.31 new text begin $800,000 the first year and $1,200,000 the new text end 18.32 new text begin second year from the general fund are for the new text end 18.33 new text begin independent contractor certification under new text end 18.34 new text begin Minnesota Statutes, section 181.723. new text end 18.35 new text begin Subd. 5. new text end new text begin General Support new text end new text begin 6,043,000 new text end new text begin 6,006,000 new text end 19.1 new text begin This appropriation is from the workers' new text end 19.2 new text begin compensation fund. new text end 19.3 19.4 Sec. 5. new text begin BUREAU OF MEDIATION new text end new text begin SERVICES new text end 19.5 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 1,850,000 new text end new text begin $ new text end new text begin 1,877,000 new text end 19.6 new text begin The amounts that may be spent for each new text end 19.7 new text begin purpose are specified in the following new text end 19.8 new text begin subdivisions. new text end 19.9 new text begin Subd. 2. new text end new text begin Mediation Services new text end new text begin 1,700,000 new text end new text begin 1,727,000 new text end 19.10 19.11 new text begin Subd. 3. new text end new text begin Labor Management Cooperation new text end new text begin Grants new text end new text begin 150,000 new text end new text begin 150,000 new text end 19.12 new text begin $150,000 each year is for grants to area labor new text end 19.13 new text begin management committees. Grants may be new text end 19.14 new text begin awarded for a 12-month period beginning new text end 19.15 new text begin July 1 each year. Any unencumbered balance new text end 19.16 new text begin remaining at the end of the first year does not new text end 19.17 new text begin cancel but is available for the second year. new text end 19.18 19.19 Sec. 6. new text begin WORKERS' COMPENSATION new text end new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 1,663,000 new text end new text begin $ new text end new text begin 1,710,000 new text end 19.20 new text begin This appropriation is from the workers' new text end 19.21 new text begin compensation fund. new text end 19.22 Sec. 7. new text begin BOARD OF ACCOUNTANCY new text end new text begin $ new text end new text begin 493,000 new text end new text begin $ new text end new text begin 499,000 new text end 19.23 19.24 19.25 19.26 Sec. 8. new text begin BOARD OF ARCHITECTURE, new text end new text begin ENGINEERING, LAND SURVEYING, new text end new text begin LANDSCAPE ARCHITECTURE, new text end new text begin GEOSCIENCE, AND INTERIOR DESIGN new text end new text begin $ new text end new text begin 795,000 new text end new text begin $ new text end new text begin 805,000 new text end 19.27 Sec. 9. new text begin BOARD OF BARBER EXAMINERS new text end new text begin $ new text end new text begin 711,000 new text end new text begin $ new text end new text begin 724,000 new text end 19.28 19.29 Sec. 10. new text begin MINNESOTA BOXING new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 50,000 new text end new text begin $ new text end new text begin -0- new text end 19.30 new text begin To transition the commission to being a new text end 19.31 new text begin self-funded entity. This appropriation may new text end 20.1 new text begin not be carried forward from the first year of new text end 20.2 new text begin the biennium to the second year. new text end 20.3    Sec. 11. new text begin BIOSCIENCE ZONES DESIGNATION. new text end 20.4     new text begin The commissioner of employment and economic development must establish a new text end 20.5 new text begin criteria for expanding the zones. The criteria must limit designating a new zone to a new text end 20.6 new text begin community that has adequate resources and infrastructure to support bioindustry, including new text end 20.7 new text begin postsecondary institutions, strong health care systems, and existing bioscience companies. new text end 20.8 new text begin It must also require that a new zone be located on a transportation corridor. new text end 20.9    Sec. 12. new text begin NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM. new text end 20.10     new text begin Subdivision 1. new text end new text begin Program established; purpose. new text end new text begin The nanotechnology new text end 20.11 new text begin development fund program (NDF) is established to develop a collaborative economic new text end 20.12 new text begin development initiative between the state of Minnesota, the private sector, and multiple new text end 20.13 new text begin academic institutions to promote by small businesses an increased use of advanced new text end 20.14 new text begin nanoinstrumentation for characterization, fabrication, and other related processes; new text end 20.15 new text begin provide research consulting by knowledgeable specialists; and provide student internship new text end 20.16 new text begin opportunities to increase nanotechnology experience by working with small, medium, or new text end 20.17 new text begin large Minnesota companies. The NDF program shall be administered by the Department new text end 20.18 new text begin of Employment and Economic Development and is not a state agency. new text end 20.19     new text begin Subd. 2. new text end new text begin Definition; qualifying Minnesota small business. new text end new text begin "Qualifying Minnesota new text end 20.20 new text begin small business" means: new text end 20.21     new text begin (1) a Minnesota small business corporation, sole proprietorship, or partnership that new text end 20.22 new text begin has fewer than 50 employees; or new text end 20.23     new text begin (2) a Minnesota business corporation, sole proprietorship, or partnership that: new text end 20.24     new text begin (i) has 51 to 100 employees; and new text end 20.25     new text begin (ii) demonstrates current financial adversity or risk or a major prospect of aiding new text end 20.26 new text begin the business's long-term outlook by significant use of nanotechnology in the business's new text end 20.27 new text begin offerings. new text end 20.28     new text begin Subd. 3. new text end new text begin Grants. new text end new text begin The commissioner shall extend onetime matching grants from the new text end 20.29 new text begin NDF to qualifying Minnesota small businesses located throughout the state to: new text end 20.30     new text begin (1) add nanotechnology applications to products that are being developed by new text end 20.31 new text begin Minnesota small businesses to enhance distinctiveness; new text end 20.32     new text begin (2) promote the depth, breadth, and value of technologies being developed by new text end 20.33 new text begin Minnesota businesses with the aid of nanotechnology; new text end 21.1     new text begin (3) encourage more frequent use of nanoinstrumentation to speed businesses' product new text end 21.2 new text begin time-to-market, with higher incidence of distinct product characteristics; new text end 21.3     new text begin (4) provide Minnesota small businesses with broader access to experienced research new text end 21.4 new text begin consultants; and new text end 21.5     new text begin (5) increase the number of researchers experienced in working with new text end 21.6 new text begin nanoinstrumentation. new text end 21.7     new text begin Subd. 4. new text end new text begin Grant application and award procedure. new text end new text begin (a) The commissioner may new text end 21.8 new text begin give priority to applicants: new text end 21.9     new text begin (1) whose intellectual property would benefit from utilization of nanoinstrumentation new text end 21.10 new text begin not possessed in-house; new text end 21.11     new text begin (2) who are currently utilizing nanoinstrumentation either at the University of new text end 21.12 new text begin Minnesota or a private sector location on a leased, hourly basis; and new text end 21.13     new text begin (3) who wish to increase their access to experienced research consultants. new text end 21.14     new text begin (b) The commissioner shall decide whether to award a grant to an eligible applicant new text end 21.15 new text begin based on: new text end 21.16     new text begin (1) the applicant's planned frequency of usage of nanoinstrumentation for new text end 21.17 new text begin characterization, fabrication, and other related processes; and new text end 21.18     new text begin (2) the applicant's demonstration of rental of nanoinstrumentation, in the form new text end 21.19 new text begin of a signed affidavit from a certified facility to confirm the one-to-one private sector new text end 21.20 new text begin investment has been met. new text end 21.21     new text begin (c) A grant made under this section must: new text end 21.22     new text begin (1) include verification of matching rental fees or internship stipends paid by the new text end 21.23 new text begin grantee; and new text end 21.24     new text begin (2) be for a total amount paid to each grantee of not less than $500 nor more than new text end 21.25 new text begin $20,000 within the biennium. new text end 21.26     new text begin Subd. 5. new text end new text begin Administration. new text end new text begin The commissioner of employment and economic new text end 21.27 new text begin development must develop and maintain a record-keeping system that specifies how new text end 21.28 new text begin funds from the NDF are applied for and distributed. Businesses receiving grants new text end 21.29 new text begin from the NDF must provide contact information, the date and time of the use of the new text end 21.30 new text begin nanoinstrumentation, proof of their matching contribution to meet the rental costs or new text end 21.31 new text begin provide an internship's stipend, and a general statement of the expected outcome from new text end 21.32 new text begin the use of the nanoinstrumentation, to the extent documentation can be made without new text end 21.33 new text begin divulging proprietary information. new text end 21.34     new text begin Subd. 6. new text end new text begin Gifts and donations. new text end new text begin Gifts and donations, including land or interests in new text end 21.35 new text begin land, may be made to NDF. Noncash gifts and donations must be disposed of for cash new text end 22.1 new text begin as soon as the commissioner of employment and economic development can prudently new text end 22.2 new text begin maximize the value of the gift or donation. new text end 22.3     new text begin Subd. 7. new text end new text begin Report to legislature. new text end new text begin By June 30 of each odd-numbered year, the new text end 22.4 new text begin commissioner of employment and economic development must submit a report to the new text end 22.5 new text begin legislature with statistics about the use of the NDF. new text end 22.6    Sec. 13. new text begin WORK GROUP. new text end 22.7     new text begin The commissioner of employment and economic development shall convene a work new text end 22.8 new text begin group to evaluate the impact of the money appropriated for wage incentives and how the new text end 22.9 new text begin wage incentive program works. The work group is to make recommendations to the new text end 22.10 new text begin legislature by January 15, 2008. new text end 22.11ARTICLE 3 22.12EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS 22.13    Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a 22.14subdivision to read: 22.15     new text begin Subd. 5. new text end new text begin Data from safety and education programs for loggers. new text end new text begin The following new text end 22.16 new text begin data collected from persons who attend safety and education programs or seminars for new text end 22.17 new text begin loggers established or approved by the commissioner under section 176.130, subdivision new text end 22.18 new text begin 11, is public data: new text end 22.19     new text begin (1) the names of the individuals attending the program or seminar; new text end 22.20     new text begin (2) the names of each attendee's employer; new text end 22.21     new text begin (3) the city where the employer is located; new text end 22.22     new text begin (4) the date the program or seminar was held; and new text end 22.23     new text begin (5) a description of the seminar or program. new text end 22.24    Sec. 2. Minnesota Statutes 2006, section 116J.401, is amended by adding a subdivision 22.25to read: 22.26     new text begin Subd. 4. new text end new text begin Use of funds for unemployed worker assistance. new text end new text begin Payment of employee new text end 22.27 new text begin compensation costs from the Wagner-Peyser Act referenced in subdivision 1, clause new text end 22.28 new text begin (8), must be used to provide direct benefit to unemployed and underemployed workers new text end 22.29 new text begin through the state's workforce centers. At least 75 percent of the employee compensation new text end 22.30 new text begin paid from Wagner-Peyser funds must be used for employees at workforce centers who new text end 22.31 new text begin provide direct assistance to unemployed and underemployed workers and no more than new text end 22.32 new text begin 25 percent may be used for providing hiring and human resource services for employers. new text end 22.33 new text begin The funds under this section may be used to establish an internet based labor exchange new text end 23.1 new text begin system. By July 1 of each year, the commissioner must submit a report to the committees new text end 23.2 new text begin of the legislature responsible for oversight of unemployment insurance with details on new text end 23.3 new text begin the use of Wagner-Peyser funds, including the number of employee positions funded, the new text end 23.4 new text begin location of the employees, and the use of funds for internet labor exchange system and new text end 23.5 new text begin other business assistance. new text end 23.6    Sec. 3. new text begin [116J.417] GREATER MINNESOTA BUSINESS DEVELOPMENT new text end 23.7 new text begin INVESTMENT FUND. new text end 23.8     new text begin Subdivision 1. new text end new text begin Eligible organization. new text end new text begin For the purposes of this section, "eligible new text end 23.9 new text begin organization" means an organization established pursuant to section 116J.415 which new text end 23.10 new text begin provides business financing to greater Minnesota businesses. new text end 23.11     new text begin Subd. 2. new text end new text begin Investment fund establishment. new text end new text begin The commissioner shall establish an new text end 23.12 new text begin investment fund from which fund investments can be made in eligible organizations. The new text end 23.13 new text begin funds repaid by the eligible organizations are to be returned to the fund for subsequent new text end 23.14 new text begin reinvestment in eligible organizations. new text end 23.15     new text begin Subd. 3. new text end new text begin Authorized investments. new text end new text begin The commissioner is authorized to make new text end 23.16 new text begin investments in eligible organizations. The commissioner shall invest funds in the form of new text end 23.17 new text begin loans to eligible organizations for the purpose of providing capital to new and expanding new text end 23.18 new text begin businesses in the form of debt or equity, or both. new text end 23.19     new text begin Subd. 4. new text end new text begin Investment authorized. new text end new text begin The commissioner may make investments in new text end 23.20 new text begin eligible organizations under the following terms: new text end 23.21     new text begin (1) the organization seeking an investment of funds must guarantee repayment of not new text end 23.22 new text begin less than 100 percent of the funds invested in the eligible organization; new text end 23.23     new text begin (2) the investments are to be made in the form of a loan to the eligible organization new text end 23.24 new text begin for a term of ten years, at an interest rate of one percent; new text end 23.25     new text begin (3) during the ten-year term of the loan, the eligible organization shall make annual new text end 23.26 new text begin interest-only payments; new text end 23.27     new text begin (4) at the end of the ten-year term, the eligible organization is required to make a new text end 23.28 new text begin payment in the entire principal amount of the initial loan; new text end 23.29     new text begin (5) the state investment by the commissioner in any eligible organization may not new text end 23.30 new text begin exceed $2,000,000; new text end 23.31     new text begin (6) the full amount of state investment will be advanced to the approved eligible new text end 23.32 new text begin organization upon execution of a formal investment agreement, specifying the terms of the new text end 23.33 new text begin loan, as well as reporting and other requirements outlined in subdivision 5; new text end 23.34     new text begin (7) the eligible organization must maintain the funds in accounts that allow the funds new text end 23.35 new text begin to be readily available for business investments; new text end 24.1     new text begin (8) the eligible organization must make business investments totaling the entire new text end 24.2 new text begin amount of funds loaned by the state within three years of the execution of the investment new text end 24.3 new text begin agreement and subsequent transmittal of the funds; and new text end 24.4     new text begin (9) an eligible organization that receives an investment under this section shall new text end 24.5 new text begin report annually, in a format prescribed by the commissioner, the nature and amount of new text end 24.6 new text begin the business investments made, including, for each financing transaction involving funds new text end 24.7 new text begin received pursuant to this section, all forms and amounts of financing provided by the new text end 24.8 new text begin eligible organization from sources other than the investment fund established pursuant to new text end 24.9 new text begin this section, along with the number of jobs created and private sector investment leveraged. new text end 24.10     new text begin Subd. 5. new text end new text begin Requirements for state investments. new text end new text begin All investments are subject to an new text end 24.11 new text begin investment agreement which must include: new text end 24.12     new text begin (1) a description of the eligible organization, including business finance experience, new text end 24.13 new text begin qualifications, and investment history; new text end 24.14     new text begin (2) a description of the uses of investment proceeds by the eligible organization; new text end 24.15     new text begin (3) an explanation of the investment objectives; new text end 24.16     new text begin (4) a description of accounting and reporting standards to be used by the eligible new text end 24.17 new text begin organization; and new text end 24.18     new text begin (5) a copy of the most recent audited financial statements of the eligible organization. new text end 24.19    Sec. 4. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read: 24.20    Subdivision 1. Grant account. A contaminated site cleanup and development 24.21grant account is created in the general fund. Money in the account may be used, as 24.22appropriated by law, to make grants as provided in section 116J.554 and to pay for the 24.23commissioner's costs in reviewing applications and making grants. Notwithstanding 24.24section 16A.28, money appropriated to the account new text begin for this program from any source new text end is 24.25available for four years new text begin until spent new text end . 24.26    Sec. 5. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read: 24.27    Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the 24.28following criteria are met: 24.29    (1) the site is not scheduled for funding during the current or next fiscal year under 24.30the Comprehensive Environmental Response, Compensation, and Liability Act, United 24.31States Code, title 42, section 9601, et seq. or under the Environmental Response, and 24.32Liability Act under sections 115B.01 to 115B.20; 24.33    (2) the appraised value of the site after adjusting for the effect on the value of the 24.34presence or possible presence of contaminants using accepted appraisal methodology, or 25.1the current market value of the site as issued under section , separately taking into 25.2account the effect of the contaminants on the market value, (i) is less than 75 percent of 25.3the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup 25.4costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and 25.5    (3) new text begin (2) new text end if the proposed cleanup is completed, it is expected that the site will be 25.6improved with buildings or other improvements and these improvements will provide a 25.7substantial increase in the property tax base within a reasonable period of time or the site 25.8will be used for an important publicly owned or tax-exempt facility. 25.9    Sec. 6. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read: 25.10    Subdivision 1. Priorities. (a) The legislature expects that applications for grants 25.11will exceed the available appropriations and the agency will be able to provide grants to 25.12only some of the applicant development authorities. 25.13    (b) If applications for grants for qualified sites exceed the available appropriations, 25.14the agency shall make grants for sites that, in the commissioner's judgment, provide 25.15the highest return in public benefits for the public costs incurred and that meet all the 25.16requirements provided by law. In making this judgment, the commissioner shall consider 25.17the following factors: 25.18    (1) the recommendations or ranking of projects by the commissioner of the Pollution 25.19Control Agency regarding the potential threat to public health and the environment that 25.20would be reduced or eliminated by completion of each of the response action plans; 25.21    (2) the potential increase in the property tax base of the local taxing jurisdictions, 25.22considered relative to the fiscal needs of the jurisdictions, that will result from 25.23developments that will occur because of completion of each of the response action plans; 25.24    (3) the social value to the community of the cleanup and redevelopment of the site, 25.25including the importance of development of the proposed public facilities on each of 25.26the sites; 25.27    (4) the probability that each site will be cleaned up without use of government 25.28money in the reasonably foreseeable future new text begin by considering but not limited to the current new text end 25.29 new text begin market value of the site versus the cleanup cost new text end ; 25.30    (5) the amount of cleanup costs for each site; and 25.31    (6) the amount of the commitment of municipal or other local resources to pay for 25.32the cleanup costs. 25.33    The factors are not listed in a rank order of priority; rather the commissioner may 25.34weigh each factor, depending upon the facts and circumstances, as the commissioner 25.35considers appropriate. The commissioner may consider other factors that affect the net 26.1return of public benefits for completion of the response action plan. The commissioner, 26.2notwithstanding the listing of priorities and the goal of maximizing the return of public 26.3benefits, shall make grants that distribute available money to sites both within and outside 26.4of the metropolitan area. The commissioner shall provide a written statement of the 26.5supporting reasons for each grant. Unless sufficient applications are not received for 26.6qualifying sites outside of the metropolitan area, at least 25 percent of the money provided 26.7as grants must be made for sites located outside of the metropolitan area. 26.8    Sec. 7. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read: 26.9    Subdivision 1. Commissioner discretion. The commissioner may make a grant for 26.10up to 50 percent of the eligible costs of a project. The determination of whether to make a 26.11grant for a site is within the discretion of the commissioner, subject to this section and 26.12sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment 26.13account. new text begin For grants made in fiscal years 2008 and 2009, at least 75 percent of the available new text end 26.14 new text begin grant funds must be used for grants in greater Minnesota. For grants made in fiscal year new text end 26.15 new text begin 2010 and later, at least 50 percent of the available grant funds must be used for grants new text end 26.16 new text begin in greater Minnesota. new text end If the commissioner determines that the applications for grants 26.17for projects in greater Minnesota are less than the amount of grant funds available, the 26.18commissioner may make grants for projects anywhere in Minnesota. The commissioner's 26.19decisions and application of the priorities under this section are not subject to judicial 26.20review, except for abuse of discretion. 26.21    Sec. 8. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read: 26.22    Subd. 1a. Priorities. (a) If applications for grants exceed the available 26.23appropriations, grants shall be made for sites that, in the commissioner's judgment, provide 26.24the highest return in public benefits for the public costs incurred. "Public benefits" include 26.25job creation, bioscience development, environmental benefits to the state and region, 26.26efficient use of public transportation, efficient use of existing infrastructure, provision of 26.27affordable housing, multiuse development that constitutes community rebuilding rather 26.28than single-use development, crime reduction, blight reduction, community stabilization, 26.29and property tax base maintenance or improvement. In making this judgment, the 26.30commissioner shall give priority to redevelopment projects with one or more of the 26.31following characteristics: 26.32    (1) the need for redevelopment in conjunction with contamination remediation needs; 26.33    (2) the redevelopment project meets current tax increment financing requirements 26.34for a redevelopment district and tax increments will contribute to the project; 27.1    (3) the redevelopment potential within the municipality; 27.2    (4) proximity to public transit if located in the metropolitan area; and 27.3     new text begin (5) redevelopment costs related to expansion of a bioscience business in Minnesota; new text end 27.4 new text begin and new text end 27.5    (5) new text begin (6) new text end multijurisdictional projects that take into account the need for affordable 27.6housing, transportation, and environmental impact. 27.7    (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the 27.8commissioner may weigh each factor, depending upon the facts and circumstances, as 27.9the commissioner considers appropriate. new text begin The commissioner may consider other factors new text end 27.10 new text begin that affect the net return of public benefits for completion of the redevelopment plan. The new text end 27.11 new text begin commissioner, notwithstanding the listing of priorities and the goal of maximizing the new text end 27.12 new text begin return of public benefits, shall make grants that distribute available money to sites both new text end 27.13 new text begin within and outside of the metropolitan area. Unless sufficient applications are not received new text end 27.14 new text begin for qualifying sites outside of the metropolitan area, at least 25 percent of the money new text end 27.15 new text begin provided as grants must be made for sites located outside of the metropolitan area. new text end 27.16    Sec. 9. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read: 27.17    Subdivision 1. Generally. (a) The commissioner shall promote, develop, and 27.18facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in 27.19addition to the powers granted by section 116J.035, the commissioner may: 27.20    (1) locate, develop, and promote international markets for Minnesota products 27.21and services; 27.22    (2) arrange and lead trade missions to countries with promising international markets 27.23for Minnesota goods, technology, services, and agricultural products; 27.24    (3) promote Minnesota products and services at domestic and international trade 27.25shows; 27.26    (4) organize, promote, and present domestic and international trade shows featuring 27.27Minnesota products and services; 27.28    (5) host trade delegations and assist foreign traders in contacting appropriate 27.29Minnesota businesses and investments; 27.30    (6) develop contacts with Minnesota businesses and gather and provide information 27.31to assist them in locating and communicating with international trading or joint venture 27.32counterparts; 27.33    (7) provide information, education, and counseling services to Minnesota businesses 27.34regarding the economic, commercial, legal, and cultural contexts of international trade; 28.1    (8) provide Minnesota businesses with international trade leads and information 28.2about the availability and sources of services relating to international trade, such as 28.3export financing, licensing, freight forwarding, international advertising, translation, and 28.4custom brokering; 28.5    (9) locate, attract, and promote foreign direct investment and business development 28.6in Minnesota to enhance employment opportunities in Minnesota; 28.7    (10) provide foreign businesses and investors desiring to locate facilities in 28.8Minnesota information regarding sources of governmental, legal, real estate, financial, and 28.9business services; 28.10    (11) enter into contracts or other agreements with private persons and public entities, 28.11including agreements to establish and maintain offices and other types of representation in 28.12foreign countries, to carry out the purposes of promoting international trade and attracting 28.13investment from foreign countries to Minnesota and to carry out this section, without 28.14regard to section 16C.06; and 28.15    (12) market trade-related materials to businesses and organizations, and the proceeds 28.16of which must be placed in a special revolving account and are appropriated to the 28.17commissioner to prepare and distribute trade-related materials. 28.18    (b) The programs and activities of the commissioner of employment and economic 28.19development and the Minnesota Trade Division may not duplicate programs and activities 28.20of the commissioner of agriculture. 28.21    (c) The commissioner shall notify the chairs of the senate Finance and house Ways 28.22and Means Committees of each agreement under this subdivision to establish and maintain 28.23an office or other type of representation in a foreign country. 28.24     new text begin (d) The Minnesota Trade Office shall serve as the state's office of protocol providing new text end 28.25 new text begin assistance to official visits by foreign government representatives and shall serve as liaison new text end 28.26 new text begin to the foreign diplomatic corps in Minnesota. new text end 28.27    Sec. 10. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision 28.28to read: 28.29     new text begin Subd. 4. new text end new text begin Workforce development intermediaries. new text end new text begin "Workforce development new text end 28.30 new text begin intermediaries" means public, private, or nonprofit entities that provide employment new text end 28.31 new text begin services to low-income individuals and have a demonstrated track record bringing together new text end 28.32 new text begin employers and workers, private and public funding streams, and other stakeholders to new text end 28.33 new text begin implement pathways to career advancement for low-income individuals. Entities may new text end 28.34 new text begin include, but are not limited to, nonprofit organizations, educational institutions, or the new text end 28.35 new text begin administrative entity of a local workforce service area. new text end 29.1    Sec. 11. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read: 29.2    Subd. 1a. Pathways program. The pathways program may provide grants-in-aid 29.3for developing programs which assist in the transition of persons from welfare to work and 29.4assist individuals at or below 200 percent of the federal poverty guidelines. The program 29.5is to be operated by the board. The board shall consult and coordinate with program 29.6administrators at the Department of Employment and Economic Development to design 29.7and provide services for temporary assistance for needy families recipients. 29.8    Pathways grants-in-aid may be awarded to educational or other nonprofit training 29.9institutions new text begin or to workforce development intermediaries new text end for education and training 29.10programs and services supporting education and training programs that serve eligible 29.11recipients. 29.12    Preference shall be given to projects that: 29.13    (1) provide employment with benefits paid to employees; 29.14    (2) provide employment where there are defined career paths for trainees; 29.15    (3) pilot the development of an educational pathway that can be used on a continuing 29.16basis for transitioning persons from welfare to work; and 29.17    (4) demonstrate the active participation of Department of Employment and 29.18Economic Development workforce centers, Minnesota State College and University 29.19institutions and other educational institutions, and local welfare agencies. 29.20    Pathways projects must demonstrate the active involvement and financial 29.21commitment of private business. Pathways projects must be matched with cash or in-kind 29.22contributions on at least a one-to-one new text begin one-half-to-one new text end ratio by participating private 29.23business. 29.24    A single grant to any one institution shall not exceed $400,000. A portion of a grant 29.25may be used for preemployment training. 29.26    Sec. 12. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read: 29.27    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms 29.28have the meanings given them in this subdivision. 29.29    (b) "Commissioner" means the commissioner of employment and economic 29.30development. 29.31    (c) "Dislocated worker" means an individual who is a resident of Minnesota at the 29.32time employment ceased or was working in the state at the time employment ceased and: 29.33    (1) has been permanently separated or has received a notice of permanent separation 29.34from public or private sector employment and is eligible for or has exhausted entitlement 29.35to unemployment benefits, and is unlikely to return to the previous industry or occupation; 30.1    (2) has been long-term unemployed and has limited opportunities for employment 30.2or reemployment in the same or a similar occupation in the area in which the individual 30.3resides, including older individuals who may have substantial barriers to employment by 30.4reason of age; 30.5    (3) new text begin has been terminated or has received a notice of termination of employment as a new text end 30.6 new text begin result of a plant closing or a substantial layoff at a plant, facility, or enterprise; new text end 30.7     new text begin (4) new text end has been self-employed, including farmers and ranchers, and is unemployed as a 30.8result of general economic conditions in the community in which the individual resides or 30.9because of natural disasters; or 30.10    (4) new text begin (5) new text end is a displaced homemaker. A "displaced homemaker" is an individual who 30.11has spent a substantial number of years in the home providing homemaking service and 30.12(i) has been dependent upon the financial support of another; and now due to divorce, 30.13separation, death, or disability of that person, must find employment to self support; or (ii) 30.14derived the substantial share of support from public assistance on account of dependents 30.15in the home and no longer receives such support. 30.16    To be eligible under this clause, the support must have ceased while the worker 30.17resided in Minnesota. 30.18    (d) "Eligible organization" means a state or local government unit, nonprofit 30.19organization, community action agency, business organization or association, or labor 30.20organization. 30.21    (e) "Plant closing" means the announced or actual permanent shutdown of a single 30.22site of employment, or one or more facilities or operating units within a single site of 30.23employment. 30.24    (f) "Substantial layoff" means a permanent reduction in the workforce, which is 30.25not a result of a plant closing, and which results in an employment loss at a single site 30.26of employment during any 30-day period for at least 50 employees excluding those 30.27employees that work less than 20 hours per week. 30.28    Sec. 13. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read: 30.29    Subdivision 1. Determination and collection of special assessment. (a) In addition 30.30to amounts due from an employer under the Minnesota unemployment insurance program, 30.31each employer, except an employer making reimbursements is liable for a special 30.32assessment levied at the rate of .10 percent per year for calendar years 2006 and 2007 on 30.33all taxable wages, as defined in section 268.035, subdivision 24. Beginning January 1, 30.342008, the special assessment shall be levied at a rate of .085 percent per year on all taxable 30.35wages. The assessment shall become due and be paid by each employer on the same 31.1schedule and in the same manner as other amounts due from an employer under section 31.2268.051, subdivision 1 . 31.3    (b) The special assessment levied under this section shall be subject to the same 31.4requirements and collection procedures as any amounts due from an employer under the 31.5Minnesota unemployment insurance program. 31.6    Sec. 14. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read: 31.7    Subdivision 1. Designation of workforce service areas. For the purpose of 31.8administering federal, state, and local employment and training services, the commissioner 31.9shall designate the geographic boundaries for workforce service areas in Minnesota. 31.10    The commissioner shall approve a request to be a workforce service area from: 31.11    (1) a home rule charter or statutory city with a population of 200,000 or more or a 31.12county with a population of 200,000 or more; or 31.13    (2) a consortium of contiguous home rule charter or statutory cities or counties 31.14with an aggregate population of 200,000 or more that serves a substantial part of one or 31.15more labor markets. 31.16    The commissioner may approve a request to be a workforce service area from a 31.17home rule charter or statutory city or a county or a consortium of contiguous home 31.18rule charter or statutory cities or counties, without regard to population, that serves a 31.19substantial portion of a labor market area. 31.20    The commissioner shall make a final designation of workforce service areas within 31.21the state after consulting with local elected officials and the governor's Workforce 31.22Development Council. Existing service delivery areas designated under the federal Job 31.23Training Partnership Act shall be initially designated as workforce service areas providing 31.24that no other petitions are submitted by local elected officials. 31.25    The commissioner may redesignate workforce service areas new text begin , upon the advice and new text end 31.26 new text begin consent of the affected local elected officials, new text end no more frequently than every two years. 31.27These redesignations must be made not later than four months before the beginning of a 31.28program year. 31.29    Sec. 15. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read: 31.30    Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit 31.31corporation with which it has entered into an agreement under subdivision 1. These 31.32loans must be used to support a new or expanding business. This support may include 31.33such forms of financing as the sale of goods to the business on installment or deferred 31.34payments, lease purchase agreements, or royalty investments in the business. new text begin The interest new text end 32.1 new text begin rate charged by a nonprofit corporation for a loan under this subdivision must not exceed new text end 32.2 new text begin the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the new text end 32.3 new text begin nonprofit corporation may charge a loan origination fee equal to or less than one percent new text end 32.4 new text begin of the loan value. The nonprofit corporation may retain the amount of the origination fee. new text end 32.5The nonprofit corporation must provide at least an equal match to the loan received by the 32.6board. The maximum loan available to the nonprofit corporation under this subdivision is 32.7$50,000. Loans made to the nonprofit corporation under this subdivision may be made 32.8without interest. Repayments made by the nonprofit corporation must be deposited in the 32.9revolving fund created for urban initiative grants. 32.10    Sec. 16. new text begin [116O.115] SMALL BUSINESS GROWTH ACCELERATION new text end 32.11 new text begin PROGRAM. new text end 32.12     new text begin Subdivision 1. new text end new text begin Establishment; purpose. new text end new text begin The small business growth acceleration new text end 32.13 new text begin program is established. The purpose of the program is to (1) help qualified companies new text end 32.14 new text begin implement technology and business improvements; and (2) bridge the gap between new text end 32.15 new text begin standard market pricing for technology and business improvements and what qualified new text end 32.16 new text begin companies can afford to pay. new text end 32.17     new text begin Subd. 2. new text end new text begin Qualified company. new text end new text begin A company is qualified to receive assistance under new text end 32.18 new text begin the small business growth acceleration program if it is a manufacturing company or a new text end 32.19 new text begin manufacturing-related service company that employs 100 or fewer full-time equivalent new text end 32.20 new text begin employees. new text end 32.21     new text begin Subd. 3. new text end new text begin Applications for assistance. new text end new text begin A company seeking assistance under the new text end 32.22 new text begin small business growth acceleration program must file an application according to the new text end 32.23 new text begin requirements of the corporation. A company's application for small business growth new text end 32.24 new text begin acceleration program assistance must include documentation of the company's overall plan new text end 32.25 new text begin for technology and business improvement and prioritize the components of the overall new text end 32.26 new text begin plan. The application must also document the company's need for small business growth new text end 32.27 new text begin acceleration program funds in order to carry forward the highest priority components of new text end 32.28 new text begin the plan. new text end 32.29     new text begin Subd. 4. new text end new text begin Fund awards; use of funds. new text end new text begin (a) The corporation shall establish new text end 32.30 new text begin procedures for determining which applicants for assistance under the small business new text end 32.31 new text begin growth acceleration program will receive program funding. Funding shall be awarded new text end 32.32 new text begin only to accelerate a qualified company's adoption of needed technology or business new text end 32.33 new text begin improvements when the corporation concludes that it is unlikely the improvements could new text end 32.34 new text begin be accomplished in any other way. new text end 33.1     new text begin (b) The maximum amount of funds awarded to a qualified company under the small new text end 33.2 new text begin business growth acceleration program for a particular project must not exceed 50 percent new text end 33.3 new text begin of the total cost of a project and must not under any circumstances exceed $25,000 during new text end 33.4 new text begin a calendar year. The corporation shall not award to a qualified company small business new text end 33.5 new text begin growth acceleration program funds in excess of $50,000 per year. new text end 33.6     new text begin (c) Any funds awarded to a qualified company under the small business growth new text end 33.7 new text begin acceleration program must be used for business services and products that will enhance the new text end 33.8 new text begin operation of the company. These business services and products must come either directly new text end 33.9 new text begin from the corporation or from a network of expert providers identified and approved by new text end 33.10 new text begin the corporation. No company receiving small business growth acceleration program new text end 33.11 new text begin funds may use the funds for refinancing, overhead costs, new construction, renovation, new text end 33.12 new text begin equipment, or computer hardware. new text end 33.13     new text begin (d) Any funds awarded must be disbursed to the qualified company as reimbursement new text end 33.14 new text begin documented according to requirements of the corporation. new text end 33.15     new text begin Subd. 5. new text end new text begin Service agreements. new text end new text begin The corporation shall enter a written service new text end 33.16 new text begin agreement with each company awarded funds under the small business growth acceleration new text end 33.17 new text begin program. Each service agreement shall clearly articulate the company's need for service, new text end 33.18 new text begin state the cost of the service, identify who will provide the service, and define the scope of new text end 33.19 new text begin the service that will be provided. The service agreement must also include an estimate new text end 33.20 new text begin of the financial impact of the service on the company and require the company to report new text end 33.21 new text begin the actual financial impact of the service to the corporation 24 months after the service is new text end 33.22 new text begin provided. new text end 33.23     new text begin Subd. 6. new text end new text begin Reporting. new text end new text begin The corporation shall report annually to the legislative new text end 33.24 new text begin committees with fiscal jurisdiction over the Department of Employment and Economic new text end 33.25 new text begin Development: new text end 33.26     new text begin (1) the funds awarded under the small business growth acceleration program during new text end 33.27 new text begin the past 12 months; new text end 33.28     new text begin (2) the estimated financial impact of the funds awarded to each company receiving new text end 33.29 new text begin service under the program; and new text end 33.30     new text begin (3) the actual financial impact of funds awarded during the past 24 months. new text end 33.31    Sec. 17. new text begin [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS. new text end 33.32     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section and section 179.87: new text end 33.33     new text begin (1) "employer" means any person or business entity having 25 or more full-time new text end 33.34 new text begin employees in the meatpacking industry; and new text end 34.1     new text begin (2) "meatpacking industry" means business operations in which slaughtering, new text end 34.2 new text begin butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry new text end 34.3 new text begin packing, poultry manufacturing, pet food manufacturing, processing of meatpacking new text end 34.4 new text begin products, or rendering is carried on. Meatpacking products include livestock and poultry new text end 34.5 new text begin products. new text end 34.6     new text begin Subd. 2. new text end new text begin Right to adequate facilities. new text end new text begin An employer must provide its employees: new text end 34.7     new text begin (1) adequate and working restroom facilities; new text end 34.8     new text begin (2) adequate room for meal and rest breaks; new text end 34.9     new text begin (3) adequate locker facilities; and new text end 34.10     new text begin (4) adequate time for necessary restroom and meal breaks as required under chapter new text end 34.11 new text begin 177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter new text end 34.12 new text begin 126, or a valid collective bargaining agreement. new text end 34.13     new text begin Subd. 3. new text end new text begin Right to adequate equipment and training. new text end new text begin An employer must furnish its new text end 34.14 new text begin employees with equipment and training that is adequate to perform the job task assigned. new text end 34.15 new text begin An employer must make ongoing skill development and training opportunities, including new text end 34.16 new text begin supervisory training, available to employees. new text end 34.17     new text begin Subd. 4. new text end new text begin Information provided to employee by employer. new text end new text begin (a) An employer must new text end 34.18 new text begin provide an explanation in an employee's native language of the employee's rights and new text end 34.19 new text begin duties as an employee either person-to-person or through written materials as required new text end 34.20 new text begin by state or federal law, or a valid collective bargaining agreement that, at a minimum, new text end 34.21 new text begin includes: new text end 34.22     new text begin (1) a complete description of the salary and benefits plans as they relate to the new text end 34.23 new text begin employee as required under chapter 181; new text end 34.24     new text begin (2) a job description for the employee's position as required under chapter 181; new text end 34.25     new text begin (3) a description of leave policies as required under chapter 181 and United States new text end 34.26 new text begin Code, title 29, chapter 28; new text end 34.27     new text begin (4) a description of the work hours and work hours policy as required under chapter new text end 34.28 new text begin 181; United States Code, title 29, chapter 201; or a valid collective bargaining agreement; new text end 34.29 new text begin and new text end 34.30     new text begin (5) a description of the occupational hazards known to exist for the position as new text end 34.31 new text begin required under chapters 181 and 182 and United States Code, title 29, chapter 15. new text end 34.32     new text begin (b) The explanation must also include information on the following employee rights new text end 34.33 new text begin as protected by state or federal law and a description of where additional information new text end 34.34 new text begin about those rights may be obtained: new text end 34.35     new text begin (1) the right to organize and bargain collectively as required under this chapter and new text end 34.36 new text begin chapter 177, and United States Code, title 29, chapter 7; new text end 35.1     new text begin (2) the right to a safe workplace as required under chapters 181 and 182 and United new text end 35.2 new text begin States Code, title 29, chapter 15; and new text end 35.3     new text begin (3) the right to be free from discrimination as required under this chapter and new text end 35.4 new text begin chapters 181, 182, and 363A, and United States Code, title 42, chapter 21. new text end 35.5    Sec. 18. new text begin [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS new text end 35.6 new text begin OMBUDSMAN. new text end 35.7     new text begin Subdivision 1. new text end new text begin Position established. new text end new text begin The position of meatpacking industry workers new text end 35.8 new text begin rights ombudsman is established within the Department of Labor and Industry. The new text end 35.9 new text begin ombudsman shall be an employee of the department. The ombudsman shall be appointed new text end 35.10 new text begin by the commissioner in consultation with the chairs of the standing committees of the new text end 35.11 new text begin senate and house of representatives with jurisdiction over labor and employment issues in new text end 35.12 new text begin accordance with the preference established in subdivision 5. new text end 35.13     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The ombudsman shall inspect and review the practices and new text end 35.14 new text begin procedures of meatpacking operations in the state. The ombudsman shall work to ensure new text end 35.15 new text begin workers rights under section 179.86 are protected. new text end 35.16     new text begin Subd. 3. new text end new text begin Access. new text end new text begin The ombudsman or designated representatives of the ombudsman new text end 35.17 new text begin shall have access to all meatpacking operations in the state at any time meatpacking new text end 35.18 new text begin products are being processed and industry workers are on the job. new text end 35.19     new text begin Subd. 4. new text end new text begin Office. new text end new text begin Necessary office space, furniture, equipment, and supplies as new text end 35.20 new text begin well as necessary assistance for the ombudsman shall be provided by the Department of new text end 35.21 new text begin Labor and Industry. new text end 35.22     new text begin Subd. 5. new text end new text begin Language preference. new text end new text begin Preference shall be given to applicants for the new text end 35.23 new text begin ombudsman position who are fluent in languages in addition to English. new text end 35.24     new text begin Subd. 6. new text end new text begin Report. new text end new text begin The ombudsman shall, on or before December 1 of each year, new text end 35.25 new text begin submit a report to the members of the legislature and the governor regarding any new text end 35.26 new text begin recommended actions the ombudsman deems necessary or appropriate to provide for the new text end 35.27 new text begin fair treatment of workers in the meatpacking industry. new text end 35.28    Sec. 19. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read: 35.29    Subd. 3. Other duties. (a) The commissioner shall: 35.30    (1) provide mediation services as requested by the parties until the parties reach 35.31agreement, and may continue to assist parties after they have submitted their final 35.32positions for interest arbitration; 35.33    (2) issue notices, subpoenas, and orders required by law to carry out duties under 35.34sections 179A.01 to 179A.25; 36.1    (3) assist the parties in formulating petitions, notices, and other papers required to 36.2be filed with the commissioner; 36.3    (4) conduct elections; 36.4    (5) certify the final results of any election or other voting procedure conducted 36.5under sections 179A.01 to 179A.25; 36.6    (6) adopt rules relating to the administration of this chapter and the conduct of 36.7hearings and elections; 36.8    (7) receive, catalogue, file, and make available to the public all decisions of 36.9arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration 36.10decisions, and the commissioner's orders and decisions; 36.11    (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of 36.12section 179A.20, subdivision 4, that is available to any employee in a unit not covered by 36.13a contractual grievance procedure; 36.14    (9) maintain a schedule of state employee classifications or positions assigned to 36.15each unit established in section 179A.10, subdivision 2; 36.16    (10) collect fees established by rule for empanelment of persons on the labor 36.17arbitrator roster maintained by the commissioner or in conjunction with fair share fee 36.18challenges new text begin . Arbitrator application fees will be $100 per year for initial applications and new text end 36.19 new text begin renewals effective July 1, 2007 new text end ; 36.20    (11) provide technical support and assistance to voluntary joint labor-management 36.21committees established for the purpose of improving relationships between exclusive 36.22representatives and employers, at the discretion of the commissioner; 36.23    (12) provide to the parties a list of arbitrators as required by section 179A.16, 36.24subdivision 4 ; and 36.25    (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive 36.26representatives for the resolution of grievance or interest disputes. Each person on the 36.27list must be knowledgeable about collective bargaining and labor relations in the public 36.28sector, well versed in state and federal labor law, and experienced in and knowledgeable 36.29about labor arbitration. To the extent practicable, the commissioner shall appoint members 36.30to the list so that the list is gender and racially diverse. 36.31    (b) From the names provided by representative organizations, the commissioner 36.32shall maintain a list of arbitrators to conduct teacher discharge or termination hearings 36.33according to section 122A.40 or 122A.41. The persons on the list must meet at least 36.34one of the following requirements: 36.35    (1) be a former or retired judge; 36.36    (2) be a qualified arbitrator on the list maintained by the bureau; 37.1    (3) be a present, former, or retired administrative law judge; or 37.2    (4) be a neutral individual who is learned in the law and admitted to practice in 37.3Minnesota, who is qualified by experience to conduct these hearings, and who is without 37.4bias to either party. 37.5    Each year, education Minnesota shall provide a list of up to 14 names and the 37.6Minnesota School Boards Association a list of up to 14 names of persons to be on the list. 37.7The commissioner may adopt rules about maintaining and updating the list. 37.8    Sec. 20. new text begin [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE new text end 37.9 new text begin PRESENCE OF LIQUOR. new text end 37.10     new text begin No minor under the age of 18 shall be employed in any rooms constituting the place new text end 37.11 new text begin in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any new text end 37.12 new text begin tasks involving the serving, dispensing, or handling of such liquors that are consumed on new text end 37.13 new text begin the premises except that: new text end 37.14     new text begin (1) minors who have reached the age of 16 may be employed to perform busing or new text end 37.15 new text begin dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where new text end 37.16 new text begin the presence of intoxicating liquor is incidental to food service or preparation; new text end 37.17     new text begin (2) minors who have reached the age of 16 may be employed to perform busing or new text end 37.18 new text begin dishwashing services or to provide waiter or waitress service in rooms or areas where the new text end 37.19 new text begin presence of 3.2 percent malt liquor is incidental to food service or preparation; new text end 37.20     new text begin (3) minors who have reached the age of 16 may be employed to provide musical new text end 37.21 new text begin entertainment in those rooms or areas where the presence of intoxicating liquor and new text end new text begin new text end 37.22 new text begin percent malt liquor is incidental to food service or preparation; and new text end 37.23     new text begin (4) minors are not prevented from working at tasks which are not prohibited by law new text end 37.24 new text begin in establishments where liquor is sold, served, dispensed, or handled in those rooms or new text end 37.25 new text begin areas where no liquor is consumed or served. new text end 37.26    Sec. 21. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read: 37.27    Subd. 2. Legislative findings and purpose. The legislature finds that the burden on 37.28employers and employees of this state resulting from personal injuries and illnesses arising 37.29out of work situations is substantial; that the prevention of these injuries and illnesses is an 37.30important objective of the government of this state; that the greatest hope of attaining this 37.31objective lies in programs of research and education, and in the earnest cooperation of 37.32government, employers and employees; and that a program of regulation and enforcement 37.33is a necessary supplement to these more basic programs. 38.1    The legislature declares it to be its purpose and policy through the exercise of its 38.2powers to assure so far as possible every worker in the state of Minnesota safe and 38.3healthful working conditions and to preserve our human resources by: 38.4    (a) authorizing the Occupational Safety and Health Advisory Council to advise, 38.5consult with or recommend on any matters relating to the Minnesota occupational 38.6safety and health plan to the commissioner of labor and industry and by authorizing the 38.7commissioner of labor and industry to promulgate and enforce mandatory occupational 38.8safety and health standards applicable to employers and employees in the state of 38.9Minnesota; 38.10    (b) encouraging employers and employees to increase their efforts to reduce the 38.11number of occupational safety and health hazards at their places of employment, and to 38.12stimulate employers and employees to institute new and to perfect existing programs for 38.13providing safe and healthful working conditions; 38.14    (c) providing that employers and employees have separate but dependent 38.15responsibilities and rights with respect to achieving safe and healthful working conditions; 38.16    (d) providing for research in the field of occupational safety and health; including 38.17the psychological factors involved, and by developing innovative methods, techniques, 38.18and approaches for dealing with occupational safety and health problems; 38.19    (e) exploring ways to discover latent diseases, establishing causal connections 38.20between diseases and work in environmental conditions, and conducting other research 38.21relating to health problems, in recognition of the fact that occupational health standards 38.22present problems often different from those involved in occupational safety; 38.23    (f) utilizing advances already made by federal laws and regulations providing safe 38.24and healthful working conditions; 38.25    (g) providing criteria which will assure insofar as practicable that no employee 38.26will suffer diminished health, functional capacity, or life expectancy as a result of work 38.27experience; 38.28    (h) providing an effective enforcement program which shall include new text begin locating new text end 38.29 new text begin enforcement personnel in areas of the state with a higher incidence of workplace fatalities, new text end 38.30 new text begin injuries, and complaints and new text end a prohibition against giving advance notice of an inspection 38.31and sanctions for any individual violating this prohibition; 38.32    (i) providing for appropriate reporting procedures with respect to occupational 38.33safety and health, which procedures will help achieve the objectives of this chapter and 38.34accurately describe the nature of the occupational safety and health problem; 38.35    (j) encouraging joint labor-management efforts to reduce injuries and diseases 38.36arising out of employment; 39.1    (k) providing consultation to employees and employers which will aid them in 39.2complying with their responsibilities under this chapter where such consultation does not 39.3interfere with the effective enforcement of this chapter; and 39.4    (l) providing for training programs to increase the number and competence of 39.5personnel engaged in the field of occupational safety and health. 39.6    Sec. 22. new text begin [182.6551] CITATION. new text end 39.7     new text begin Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act." new text end 39.8    Sec. 23. new text begin [182.6552] DEFINITIONS. new text end 39.9     new text begin Subdivision 1. new text end new text begin Direct patient care worker. new text end new text begin "Direct patient care worker" means an new text end 39.10 new text begin individual doing the job of directly providing physical care to patients including nurses, as new text end 39.11 new text begin defined by section 148.171, who provide physical care to patients. new text end 39.12     new text begin Subd. 2. new text end new text begin Health care facility. new text end new text begin "Health care facility" means a hospital as defined in new text end 39.13 new text begin section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55, new text end 39.14 new text begin subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5. new text end 39.15     new text begin Subd. 3. new text end new text begin Safe patient handling. new text end new text begin "Safe patient handling" means a process, based on new text end 39.16 new text begin scientific evidence on causes of injuries, that uses safe patient handling equipment rather new text end 39.17 new text begin than people to transfer, move, and reposition patients in all health care facilities to reduce new text end 39.18 new text begin workplace injuries. This process also reduces the risk of injury to patients. new text end 39.19     new text begin Subd. 4. new text end new text begin Safe patient handling equipment. new text end new text begin "Safe patient handling equipment" new text end 39.20 new text begin means engineering controls, lifting and transfer aids, or mechanical assistive devices used new text end 39.21 new text begin by nurses and other direct patient care workers instead of manual lifting to perform the new text end 39.22 new text begin acts of lifting, transferring, and repositioning health care facility patients and residents. new text end 39.23    Sec. 24. new text begin [182.6553] SAFE PATIENT HANDLING PROGRAM. new text end 39.24     new text begin Subdivision 1. new text end new text begin Safe patient handling program required. new text end new text begin (a) By July 1, 2008, new text end 39.25 new text begin every licensed health care facility in the state shall adopt a written safe patient handling new text end 39.26 new text begin policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing new text end 39.27 new text begin manual lifting of patients by nurses and other direct patient care workers by utilizing new text end 39.28 new text begin safe patient handling equipment. new text end 39.29     new text begin (b) The program shall address: new text end 39.30     new text begin (1) assessment of hazards with regard to patient handling; new text end 39.31     new text begin (2) the acquisition of an adequate supply of appropriate safe patient handling new text end 39.32 new text begin equipment; new text end 40.1     new text begin (3) initial and ongoing training of nurses and other direct patient care workers on new text end 40.2 new text begin the use of this equipment; new text end 40.3     new text begin (4) procedures to ensure that physical plant modifications and major construction new text end 40.4 new text begin projects are consistent with program goals; and new text end 40.5     new text begin (5) periodic evaluations of the safe patient handling program. new text end 40.6     new text begin Subd. 2. new text end new text begin Safe patient handling committee. new text end new text begin (a) By July 1, 2008, every licensed new text end 40.7 new text begin health care facility in the state shall establish a safe patient handling committee either by new text end 40.8 new text begin creating a new committee or assigning the functions of a safe patient handling committee new text end 40.9 new text begin to an existing committee. new text end 40.10     new text begin (b) Membership of a safe patient handling committee or an existing committee must new text end 40.11 new text begin meet the following requirements: new text end 40.12     new text begin (1) at least half the members shall be nonmanagerial nurses and other direct patient new text end 40.13 new text begin care workers; and new text end 40.14     new text begin (2) in a health care facility where nurses and other direct patient care workers new text end 40.15 new text begin are covered by a collective bargaining agreement, the union shall select the committee new text end 40.16 new text begin members proportionate to its representation of nonmanagerial workers, nurses, and other new text end 40.17 new text begin direct patient care workers. new text end 40.18     new text begin (c) A health care organization with more than one covered health care facility may new text end 40.19 new text begin establish a committee at each facility or one committee to serve this function for all the new text end 40.20 new text begin facilities. If the organization chooses to have one overall committee for multiple facilities, new text end 40.21 new text begin at least half of the members of the overall committee must be nonmanagerial nurses and new text end 40.22 new text begin other direct patient care workers and each facility must be represented on the committee. new text end 40.23     new text begin (d) Employees who serve on a safe patient handling committee must be compensated new text end 40.24 new text begin by their employer for all hours spent on committee business. new text end 40.25     new text begin Subd. 3. new text end new text begin Facilities with existing programs. new text end new text begin A facility that has already adopted a new text end 40.26 new text begin safe patient handling policy that satisfies the requirements of subdivision 1, and established new text end 40.27 new text begin a safe patient handling committee by July 1, 2008, is considered to be in compliance new text end 40.28 new text begin with those requirements. The committee must continue to satisfy the requirements of new text end 40.29 new text begin subdivision 2, paragraph (b), on an ongoing basis. new text end 40.30     new text begin Subd. 4. new text end new text begin Committee duties. new text end new text begin A safe patient handling committee shall: new text end 40.31     new text begin (1) complete a patient handling hazard assessment that: new text end 40.32     new text begin (i) considers patient handling tasks, types of nursing units, patient populations, and new text end 40.33 new text begin the physical environment of patient care areas; new text end 40.34     new text begin (ii) identifies problems and solutions; new text end 40.35     new text begin (iii) identifies areas of highest risk for lifting injuries; and new text end 40.36     new text begin (iv) recommends a mechanism to report, track, and analyze injury trends; new text end 41.1     new text begin (2) make recommendations on the purchase, use, and maintenance of an adequate new text end 41.2 new text begin supply of appropriate safe patient handling equipment; new text end 41.3     new text begin (3) make recommendations on training of nurses and other direct patient care new text end 41.4 new text begin workers on use of safe patient handling equipment, initially when the equipment arrives at new text end 41.5 new text begin the facility and periodically afterwards; new text end 41.6     new text begin (4) conduct annual evaluations of the safe patient handling implementation plan and new text end 41.7 new text begin progress toward goals established in the safe patient handling policy; and new text end 41.8     new text begin (5) recommend procedures to ensure that, when remodeling of patient care areas new text end 41.9 new text begin occurs, the plans incorporate safe patient handling equipment or the physical space and new text end 41.10 new text begin construction design needed to accommodate safe patient handling equipment at a later date. new text end 41.11     new text begin Subd. 5. new text end new text begin Training materials. new text end new text begin The commissioner shall make training materials on new text end 41.12 new text begin implementation of this section available to all health care facilities at no cost as part of the new text end 41.13 new text begin training and education duties of the commissioner under section 182.673. new text end 41.14     new text begin Subd. 6. new text end new text begin Enforcement. new text end new text begin This section shall be enforced by the commissioner under new text end 41.15 new text begin section 182.661. A violation of this section is subject to the penalties provided under new text end 41.16 new text begin section 182.666. new text end 41.17     new text begin Subd. 7. new text end new text begin Grant program. new text end new text begin The commissioner may make grants to health care new text end 41.18 new text begin facilities to acquire safe patient handling equipment and for training on safe patient new text end 41.19 new text begin handling and safe patient handling equipment. Grants to any one facility may not exceed new text end 41.20 new text begin $40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The new text end 41.21 new text begin commissioner shall establish a grant application process. The commissioner may give new text end 41.22 new text begin priority for grants to facilities that demonstrate that acquiring safe patient handling new text end 41.23 new text begin equipment will impose a financial hardship on the facility. For health care facilities new text end 41.24 new text begin that provide evidence of hardship, the commissioner may waive the 50 percent match new text end 41.25 new text begin requirement and may grant such a facility more than $40,000. Health care facilities that new text end 41.26 new text begin the commissioner determines are experiencing hardship shall not be required to meet the new text end 41.27 new text begin safe patient handling requirements until July 1, 2012. new text end 41.28    Sec. 25. Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read: 41.29    Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not 41.30be eligible to receive unemployment benefits for any week with respect to which the 41.31applicant is receiving, has received, or has filed for payment, equal to or in excess of the 41.32applicant's weekly unemployment benefit amount, in the form of: 41.33    (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause 41.34shall not apply to vacation pay paid upon a permanent separation from employment; 42.1    (2) severance pay, bonus pay, sick pay, and any other money payments, except 42.2earnings under subdivision 5, and back pay under subdivision 6, paid by an employer 42.3because of, upon, or after separation from employment, but only if the money payment is 42.4considered wages at the time of payment under section 268.035, subdivision 29, or United 42.5States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act; new text begin . new text end 42.6 new text begin This clause does not apply to the first $10,000 of any amount of severance pay, bonus new text end 42.7 new text begin pay, sick pay, or any other payments paid to an employee with annual salary or wages new text end 42.8 new text begin under $75,000; or new text end 42.9    (3) pension, retirement, or annuity payments from any plan contributed to by a base 42.10period employer including the United States government, except Social Security benefits 42.11which are provided for in subdivision 4. The base period employer contributed to the 42.12plan if the contribution is excluded from the definition of wages under section 268.035, 42.13subdivision 29 , clause (1), or United States Code, title 26, section 3121, clause (2), of 42.14the Federal Insurance Contribution Act. 42.15    An applicant shall not be considered to have received the lump sum payment if the 42.16applicant immediately deposits that payment in a qualified pension plan or account; or 42.17    (4) holiday pay. 42.18    (b) This subdivision shall apply to all the weeks of payment and shall be applied to 42.19the period immediately following the last day of employment. The number of weeks of 42.20payment shall be determined as follows: 42.21    (1) if the payments are made periodically, the total of the payments to be received 42.22shall be divided by the applicant's last level of regular weekly pay from the employer; or 42.23    (2) if the payment is made in a lump sum, that sum shall be divided by the applicant's 42.24last level of regular weekly pay from the employer. 42.25    (c) If the payment is less than the applicant's weekly unemployment benefit amount, 42.26unemployment benefits shall be reduced by the amount of the payment. If the computation 42.27of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the 42.28next lower whole dollar. 42.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for unemployment benefits paid on new text end 42.30 new text begin or after January 1, 2006, regardless of when the continued request was filed or the week new text end 42.31 new text begin for which the unemployment benefits are paid. new text end 42.32    Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision 42.33to read: 42.34     new text begin Subd. 5. new text end new text begin Unemployment insurance benefits telephone system. new text end new text begin The commissioner new text end 42.35 new text begin must ensure that the telephone system used for unemployment insurance benefits provides new text end 43.1 new text begin an option for any caller to speak to an unemployment insurance specialist. An individual new text end 43.2 new text begin who calls any of the publicized telephone numbers seeking information about applying for new text end 43.3 new text begin benefits or on the status of a claim must have the option to speak on the telephone to a new text end 43.4 new text begin specialist who can provide direct assistance or can direct the caller to the person or office new text end 43.5 new text begin that is able to respond to the caller's needs. new text end 43.6    Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read: 43.7    Subd. 13. Supported employment. new text begin (a) new text end "Supported employment" means 43.8employment of a person with a disability so severe that the person needs ongoing training 43.9and support to get and keep a job in which: 43.10    (1) the person engages in paid work in a position removed from the service vendor's 43.11site where individuals without disabilities who do not require public subsidies also may 43.12be employed; 43.13    (2) public funds are necessary to provide ongoing training and support services 43.14throughout the period of the person's employment; and 43.15    (3) the person has the opportunity for social interaction with individuals who do not 43.16have disabilities and who are not paid caregivers. 43.17     new text begin (b) If the commissioner has certified a rehabilitation facility setting as integrated, new text end 43.18 new text begin then employment at that site may be considered supported employment. new text end 43.19    Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a 43.20subdivision to read: 43.21     new text begin Subd. 14. new text end new text begin Affirmative business enterprise employment. new text end new text begin "Affirmative business new text end 43.22 new text begin enterprise employment" means employment which provides paid work on the premises of new text end 43.23 new text begin an affirmative business enterprise as certified by the commissioner. new text end 43.24     new text begin Affirmative business enterprise employment is considered community employment new text end 43.25 new text begin for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided new text end 43.26 new text begin that the wages for individuals reported must be at or above customary wages for the new text end 43.27 new text begin same employer. The employer must also provide one benefit package that is available to new text end 43.28 new text begin all employees. new text end 43.29    Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read: 43.30    Subdivision 1. Appointment; membership. Every city, town, county, nonprofit 43.31corporation, or combination thereof establishing a rehabilitation facility shall appoint a 43.32rehabilitation facility board of no fewer than nine new text begin seven voting new text end members before becoming 43.33eligible for the assistance provided by sections 268A.06 to 268A.15. When any city, 44.1town, or county singly establishes such a rehabilitation facility, the board shall be 44.2appointed by the chief executive officer of the city or the chair of the governing board 44.3of the county or town. When any combination of cities, towns, counties, or nonprofit 44.4corporations establishes a rehabilitation facility, the chief executive officers of the cities, 44.5nonprofit corporations, and the chairs of the governing bodies of the counties or towns 44.6shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation 44.7facility, the corporation shall appoint the board of directors. Membership on a board 44.8shall be representative of the community served and shall include a person with a 44.9disability. One-third to one-half of the board shall be representative of industry or 44.10business. The remaining members should be representative of lay associations for persons 44.11with a disability, labor, the general public, and education, welfare, medical, and health 44.12professions. Nothing in sections to shall be construed to preclude 44.13the appointment of elected or appointed public officials or members of the board of 44.14directors of the sponsoring nonprofit corporation to the board, so long as the representation 44.15described above is preserved. If a county establishes an extended employment program 44.16and manages the program with county employees, the governing board shall be the county 44.17board of commissioners, and other provisions of this chapter pertaining to membership on 44.18the governing board do not apply. 44.19    Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a 44.20subdivision to read: 44.21     new text begin Subd. 9. new text end new text begin Integrated setting. new text end new text begin At the commissioner's discretion, paid work on the new text end 44.22 new text begin premises of a rehabilitation facility may be certified as an integrated setting after a site new text end 44.23 new text begin review by the department. new text end 44.24    Sec. 31. new text begin [325E.259] CUSTOMER SALES OR SERVICE CALL CENTER new text end 44.25 new text begin REQUIREMENTS. new text end 44.26     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section, the following terms have new text end 44.27 new text begin the meanings given them. new text end 44.28     new text begin (1) "Customer sales and service call center" means an entity whose primary purpose new text end 44.29 new text begin includes the initiating or receiving of telephonic communications on behalf of any person new text end 44.30 new text begin for the purpose of initiating telephone solicitations as defined in section new text end new text begin 325E.311, new text end 44.31 new text begin subdivision 6 new text end new text begin . new text end 44.32     new text begin (2) "Customer service call center" means an entity whose primary purpose includes new text end 44.33 new text begin the initiating or receiving of telephonic communications on behalf of any person for the new text end 45.1 new text begin purposes of providing or receiving services or information necessary in connection with new text end 45.2 new text begin the providing of services or other benefits. new text end 45.3     new text begin (3) "Customer services employee" means a person employed by or working on new text end 45.4 new text begin behalf of a customer sales call center or a customer service call center. new text end 45.5     new text begin Subd. 2. new text end new text begin Customers' right to customer sales or customer service call center new text end 45.6 new text begin information. new text end new text begin (a) An individual who is a Minnesota resident who receives a telephone call new text end 45.7 new text begin from, or places a telephone call to, a customer sales call center or a customer service call new text end 45.8 new text begin center, upon request, has the right to know the identification of the state or country where new text end 45.9 new text begin the customer service employee is located. new text end 45.10     new text begin (b) An individual who is a Minnesota resident who receives a telephone solicitation new text end 45.11 new text begin from, or places a telephone call to, a customer sales call center or a customer service call new text end 45.12 new text begin center located in a foreign country, which requests the Minnesota resident's financial, new text end 45.13 new text begin credit, or identifying information, has the right, upon reaching a customer service new text end 45.14 new text begin representative, to request an alternative option to contact a customer sales or service new text end 45.15 new text begin center located in the United States before the information is given if the alternative new text end 45.16 new text begin option is available. new text end 45.17     new text begin Subd. 3. new text end new text begin Nonapplicability; business-to-business calls. new text end new text begin The rights granted under new text end 45.18 new text begin this section to an individual who is a Minnesota resident do not apply when the individual new text end 45.19 new text begin who is a Minnesota resident is making or receiving the call on behalf of a business. new text end 45.20     new text begin Subd. 4. new text end new text begin Violation. new text end new text begin It is fraud under section 325F.69 for a person to willfully new text end 45.21 new text begin violate this section. new text end 45.22     new text begin Subd. 5. new text end new text begin Application to other remedies. new text end new text begin Nothing in this section changes the new text end 45.23 new text begin remedies currently available under state or federal law or creates additional or new new text end 45.24 new text begin remedies. new text end 45.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007. new text end 45.26    Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision 45.27to read: 45.28     new text begin Subd. 5. new text end new text begin Local planning assistance. new text end new text begin A regional development commission or, new text end 45.29 new text begin in regions not served by regional development commissions, a regional organization new text end 45.30 new text begin selected by the commissioner of employment and economic development, may develop a new text end 45.31 new text begin program to support planning on behalf of local units of government. The local planning new text end 45.32 new text begin must be related to issues of regional or statewide significance and may include, but is not new text end 45.33 new text begin limited to, the following: new text end 45.34     new text begin (1) local planning and development assistance, which may include local zoning new text end 45.35 new text begin ordinances and land use plans; new text end 46.1     new text begin (2) community or economic development plans, which may include workforce new text end 46.2 new text begin development plans, housing development plans and market analysis, JOBZ administration, new text end 46.3 new text begin grant writing assistance, and grant administration; new text end 46.4     new text begin (3) environment and natural resources plans, which may include solid waste new text end 46.5 new text begin management plans, wastewater management plans, and renewable energy development new text end 46.6 new text begin plans; new text end 46.7     new text begin (4) rural community health services; and new text end 46.8     new text begin (5) development of geographical information systems to serve regional needs, new text end 46.9 new text begin including hardware and software purchases and related labor costs. new text end 46.10     new text begin Each regional development commission or organization shall submit to the new text end 46.11 new text begin commissioner of employment and economic development an annual work program new text end 46.12 new text begin that outlines the work items for the upcoming year and establishes the relationship of new text end 46.13 new text begin the work items to development issues of regional or statewide significance. The entity new text end 46.14 new text begin completing the annual work program and identifying the statewide development issues new text end 46.15 new text begin shall consider input from the Departments of Employment and Economic Development, new text end 46.16 new text begin Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as new text end 46.17 new text begin appropriate to the issues. new text end 46.18    Sec. 33. new text begin WORKFORCE ENHANCEMENT FEE. new text end 46.19     new text begin If the commissioner of employment and economic development determines that new text end 46.20 new text begin the need for services under the dislocated worker program substantially exceeds the new text end 46.21 new text begin resources that will be available for the program, the commissioner may increase the new text end 46.22 new text begin special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no new text end 46.23 new text begin more than .12 percent of taxable wages. new text end 46.24    Sec. 34. new text begin FEDERAL PROCUREMENT LIAISON. new text end 46.25     new text begin The commissioner of employment and economic development must establish and new text end 46.26 new text begin operate a technology and commercialization unit in the Department of Employment and new text end 46.27 new text begin Economic Development. Appropriation for this purpose must be used to: coordinate new text end 46.28 new text begin public and private efforts to procure federal funding for collaborative research and new text end 46.29 new text begin development projects of primary benefit to small- and medium-sized businesses; promote new text end 46.30 new text begin contractual relationships between Minnesota businesses who, as recipients of federal new text end 46.31 new text begin grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess new text end 46.32 new text begin the research and development capabilities of small- and medium-sized businesses; new text end 46.33 new text begin undertake referral activities to link Minnesota companies with federal requests for new text end 47.1 new text begin proposal opportunities; and develop a framework for Minnesota companies to establish new text end 47.2 new text begin sole-sourcing relationships with federal agencies. new text end 47.3     new text begin The commissioner must report to the committees in the house of representatives and new text end 47.4 new text begin the senate having jurisdiction over bioscience and technology issues on the activities of new text end 47.5 new text begin the technology and commercialization unit by June 30 of each year. new text end 47.6    Sec. 35. new text begin LOCATION OF NORTHERN MINNESOTA INSPECTORS. new text end 47.7     new text begin By December 31, 2007, the commissioner of labor and industry must assign three new text end 47.8 new text begin occupational safety and health inspectors to one or more offices on the Iron Range and one new text end 47.9 new text begin inspector to an office in Bemidji. new text end 47.10    Sec. 36. new text begin WORKING GROUP ON STATE ROLE IN TRADE POLICY. new text end 47.11     new text begin Subdivision 1. new text end new text begin Work group members. new text end new text begin The Department of Employment and new text end 47.12 new text begin Economic Development must convene a working group to develop recommendations for new text end 47.13 new text begin establishing policies and procedures regarding the role of the state in federal trade policy new text end 47.14 new text begin and trade agreements. The working group must be comprised of 17 members as follows: new text end 47.15     new text begin (1) the governor or his designee; new text end 47.16     new text begin (2) the commissioner of the Department of Employment and Economic Development new text end 47.17 new text begin or his designee; new text end 47.18     new text begin (3) the commissioner of the Department of Agriculture or his designee; new text end 47.19     new text begin (4) the commissioner of the Department of Administration or his designee; new text end 47.20     new text begin (5) the attorney general or her designee; new text end 47.21     new text begin (6) two members of the Minnesota senate one of whom is appointed by the senate new text end 47.22 new text begin majority leader and one appointed by the minority leader; new text end 47.23     new text begin (7) two members of the Minnesota house of representatives, one of whom is new text end 47.24 new text begin appointed by the speaker and one appointed by the minority leader; new text end 47.25     new text begin (8) two members designated by the Minnesota AFL-CIO; new text end 47.26     new text begin (9) two members representing labor organizations other than the AFL-CIO with one new text end 47.27 new text begin to be appointed by the speaker of the Minnesota house of representatives and one to be new text end 47.28 new text begin appointed by the majority leader of the Minnesota senate; new text end 47.29     new text begin (10) two members designated by the Minnesota Chamber of Commerce; and new text end 47.30 new text begin (11) two members representing business organizations other than the Minnesota new text end 47.31 new text begin Chamber of Commerce appointed by the governor. new text end 47.32     new text begin The Department of Employment and Economic Development must provide new text end 47.33 new text begin administrative support to the working group. new text end 48.1     new text begin Subd. 2. new text end new text begin Duties; responsibilities. new text end new text begin The working group may obtain input from other new text end 48.2 new text begin state and federal agencies as appropriate and may conduct public hearings to allow input new text end 48.3 new text begin from interested stakeholders. The working group must: new text end 48.4     new text begin (1) determine the state's jurisdiction regarding federal trade policy and trade new text end 48.5 new text begin agreements; new text end 48.6     new text begin (2) assess the state's current policies, procedures, roles and responsibilities for new text end 48.7 new text begin providing advice and consent on federal trade policy and trade agreements; new text end 48.8     new text begin (3) review the current means through which the state interacts with the Office of new text end 48.9 new text begin the United States Trade Representative (USTR) and Congress regarding trade policy and new text end 48.10 new text begin trade agreements; new text end 48.11     new text begin (4) inventory the federal trade policies and trade agreements that the state of new text end 48.12 new text begin Minnesota has formally approved or signed on to; new text end 48.13     new text begin (5) examine trade policy models established by other states; new text end 48.14     new text begin (6) develop recommendations for defining responsibilities and procedures for the new text end 48.15 new text begin state's role in federal trade policy and trade agreements; and new text end 48.16     new text begin (7) prepare legislative recommendations to implement the recommendations of new text end 48.17 new text begin the working group. new text end 48.18     new text begin The working group must report its findings and recommendations to the governor new text end 48.19 new text begin and the legislature by December 1, 2007. new text end 48.20    Sec. 37. new text begin STUDY; SAFE PATIENT HANDLING. new text end 48.21     new text begin (a) The commissioner of labor and industry shall study ways to require workers' new text end 48.22 new text begin compensation insurers to recognize compliance with Minnesota Statutes, section new text end 48.23 new text begin 182.6553, in the workers' compensation premiums of health care and long-term care new text end 48.24 new text begin facilities. The commissioner shall report by January 15, 2008, the results of the study new text end 48.25 new text begin to the chairs of the policy committees of the legislature with primary jurisdiction over new text end 48.26 new text begin workers' compensation issues. new text end 48.27     new text begin (b) By January 15, 2008, the commissioner must make recommendations to the new text end 48.28 new text begin legislature regarding funding sources available to health care facilities for safe patient new text end 48.29 new text begin handling programs and equipment, including, but not limited to, low interest loans, interest new text end 48.30 new text begin free loans, and federal, state, or county grants. new text end 48.31    Sec. 38. new text begin WORK GROUP; SAFE PATIENT HANDLING. new text end 48.32     new text begin The Minnesota State Council on Disability shall convene a work group comprised new text end 48.33 new text begin of representatives from the Minnesota Medical Association and other organizations new text end 48.34 new text begin representing clinics, disability advocates, and direct care workers, to do the following: new text end 49.1     new text begin (1) assess the current options for and use of safe patient handling equipment in new text end 49.2 new text begin unlicensed outpatient clinics, physician offices, and dental settings; new text end 49.3     new text begin (2) identify barriers to the use of safe patient handling equipment in these settings; new text end 49.4 new text begin and new text end 49.5     new text begin (3) define clinical settings that move patients to determine applicability of the Safe new text end 49.6 new text begin Patient Handling Act. new text end 49.7     new text begin The work group must report to the legislature by January 15, 2008, including new text end 49.8 new text begin reports to the chairs of the senate and house of representatives committees on workforce new text end 49.9 new text begin development. new text end 49.10    Sec. 39. new text begin EFFECT ON RULES. new text end 49.11     new text begin The commissioner of labor and industry shall amend Minnesota Rules, part new text end 49.12 new text begin , to conform to Minnesota Statutes, section 181A.115. The commissioner new text end 49.13 new text begin may use the good cause exemption in Minnesota Statutes, section new text end new text begin , in adopting new text end 49.14 new text begin the amendment required by this section. new text end 49.15    Sec. 40. new text begin PUBLIC FACILITIES AUTHORITY FUNDING. new text end 49.16     new text begin To the greatest practical extent, projects on the Public Facilities Authority's 2007 new text end 49.17 new text begin intended use plan, the listings for which were based on the Pollution Control Agency's new text end 49.18 new text begin 2006 project priority list, shall be carried over to the 2008 intended use plan. Projects that new text end 49.19 new text begin qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258, new text end 49.20 new text begin section 21, that could not be certified by the Pollution Control Agency by the applicable new text end 49.21 new text begin deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court new text end 49.22 new text begin issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to new text end 49.23 new text begin obtain the required certification from the Pollution Control Agency. new text end 49.24    Sec. 41. new text begin REPEALER. new text end 49.25 new text begin Minnesota Statutes 2006, section 16C.18, subdivision 2, new text end new text begin is repealed. new text end 49.26ARTICLE 4 49.27LICENSING AND WAGES 49.28    Section 1. new text begin [154.465] HAIR BRAIDING. new text end 49.29     new text begin Subdivision 1. new text end new text begin Registration. new text end new text begin Any person engaged in hair braiding solely for new text end 49.30 new text begin compensation as a profession, except persons licensed as cosmetologists, shall register new text end 49.31 new text begin with the Minnesota Board of Barber and Cosmetology Examiners in a form determined new text end 49.32 new text begin by the board. new text end 50.1     new text begin Subd. 2. new text end new text begin Definition. new text end new text begin "Hair braiding" means a natural form of hair manipulation that new text end 50.2 new text begin results in tension on hair strands by beading, braiding, cornrowing, extending, lacing, new text end 50.3 new text begin locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic new text end 50.4 new text begin fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by new text end 50.5 new text begin hand and by only using simple braiding devices, and maintenance thereof. Hair braiding new text end 50.6 new text begin includes what is commonly known as "African-style hair braiding" or "natural hair care" new text end 50.7 new text begin but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles. new text end 50.8 new text begin Hair braiding includes the making of customized wigs from natural hair, natural fibers, new text end 50.9 new text begin synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such new text end 50.10 new text begin as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not new text end 50.11 new text begin involve the use of penetrating chemical hair treatments, chemical hair coloring agents, new text end 50.12 new text begin chemical hair straightening agents, chemical hair joining agents, permanent wave styles, new text end 50.13 new text begin or chemical hair bleaching agents applied to growing human hair. For purposes of this new text end 50.14 new text begin section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins, new text end 50.15 new text begin rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that new text end 50.16 new text begin are required solely for hair braiding. new text end 50.17     new text begin Subd. 3. new text end new text begin Requirements. new text end new text begin In order to qualify for initial registration, any person new text end 50.18 new text begin engaged in hair braiding solely for compensation as a profession shall satisfactorily new text end 50.19 new text begin complete instruction at either an accredited school or by an individual, except persons new text end 50.20 new text begin licensed as cosmetologists approved by the board. Instruction includes coursework new text end 50.21 new text begin covering the topics of health, safety, sanitation, and state laws related to cosmetology not new text end 50.22 new text begin to exceed 30 hours. The coursework is encouraged to be provided in a foreign language new text end 50.23 new text begin format and such availability shall be reported to and posted by the Minnesota Board new text end 50.24 new text begin of Barber and Cosmetology Examiners. new text end 50.25     new text begin Subd. 4. new text end new text begin Curriculum. new text end new text begin An accredited school or an individual approved by the board new text end 50.26 new text begin desiring to provide the coursework required under subdivision 3 shall have curriculum in new text end 50.27 new text begin place by January 1, 2008. new text end 50.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, except subdivision 4 is new text end 50.29 new text begin effective the day following final enactment. new text end 50.30    Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read: 50.31    Subdivision 1. Examination of records. The commissioner may enter during 50.32reasonable office hours or upon request and inspect the place of business or employment of 50.33any employer of employees working in the state, to examine and inspect books, registers, 50.34payrolls, and other records of any employer that in any way relate to wages, hours, and 50.35other conditions of employment of any employees. The commissioner may transcribe any 51.1or all of the books, registers, payrolls, and other records as the commissioner deems 51.2necessary or appropriate and may question the employees to ascertain compliance with 51.3sections 177.21 to . The commissioner may investigate wage claims or 51.4complaints by an employee against an employer if the failure to pay a wage may violate 51.5Minnesota law or an order or rule of the department. 51.6    Sec. 3. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read: 51.7    Subd. 4. Compliance orders. The commissioner may issue an order requiring an 51.8employer to comply with sections 177.21 to , 181.02, 181.03, 181.031, 51.9181.032 , 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, and 181.79 new text begin , 181.932, new text end 51.10 new text begin and 181.9325 new text end , or with any rule promulgated under section 177.28. The department shall 51.11serve the order upon the employer or the employer's authorized representative in person or 51.12by certified mail at the employer's place of business. An employer who wishes to contest 51.13the order must file written notice of objection to the order with the commissioner within 51.1415 calendar days after being served with the order. A contested case proceeding must then 51.15be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being 51.16served with the order, the employer fails to file a written notice of objection with the 51.17commissioner, the order becomes a final order of the commissioner. 51.18    Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read: 51.19    Subd. 5. Civil actions. new text begin (a) new text end The commissioner may bring an action in the district 51.20court where an employer resides or where the commissioner maintains an office to enforce 51.21or require compliance with orders issued under subdivision 4. 51.22     new text begin (b) If the district court determines that a violation of section 181.932 or 181.9325 new text end 51.23 new text begin occurred, the court may order any appropriate relief, including but not limited to new text end 51.24 new text begin reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory new text end 51.25 new text begin damages, and the expungement of any adverse records of a state employee or applicant new text end 51.26 new text begin for state employment who was the subject of the alleged acts of misconduct, and any new text end 51.27 new text begin appropriate relief as described in section 181.936. new text end 51.28    Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read: 51.29    Subd. 8. Court actions; suits brought by private parties. An employee may bring 51.30a civil action seeking redress for a violation or violations of sections 177.21 to 51.31 new text begin 177.44 new text end directly to district court. An employer who pays an employee less than the wages 51.32and overtime compensation to which the employee is entitled under sections 177.21 to 51.33177.35 new text begin 177.44 new text end is liable to the employee for the full amount of the wages, gratuities, and 52.1overtime compensation, less any amount the employer is able to establish was actually 52.2paid to the employee and for an additional equal amount as liquidated damages. In 52.3addition, in an action under this subdivision the employee may seek damages and other 52.4appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement 52.5between the employee and the employer to work for less than the applicable wage is not 52.6a defense to the action. 52.7    Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read: 52.8    Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may 52.9be filed in the district court of the county wherein a violation or violations of sections 52.10177.21 to new text begin 177.44 new text end are alleged to have been committed, where the respondent resides 52.11or has a principal place of business, or any other court of competent jurisdiction. The 52.12action may be brought by one or more employees. 52.13    Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read: 52.14    Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8, 52.15the court shall order an employer who is found to have committed a violation or violations 52.16of sections 177.21 to new text begin 177.44 new text end to pay to the employee or employees reasonable costs, 52.17disbursements, witness fees, and attorney fees. 52.18    Sec. 8. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision 52.19to read: 52.20     new text begin Subd. 11. new text end new text begin Investigation of certain complaints. new text end new text begin (a) The commissioner shall conduct new text end 52.21 new text begin an investigation of any matter that alleges a violation of sections 181.932 and 181.9325. new text end 52.22 new text begin The identity of the person providing the information that initiated the investigation shall new text end 52.23 new text begin be classified as private data, pursuant to section 13.02, subdivision 12, except that the new text end 52.24 new text begin identity may be disclosed to a law enforcement agency that is conducting a criminal new text end 52.25 new text begin investigation of the matter. new text end 52.26     new text begin (b) For each investigation completed, if the commissioner determines that there is new text end 52.27 new text begin reasonable cause to believe that an employer has violated section 181.932 or 181.9325, new text end 52.28 new text begin the commissioner shall report the nature and details of the alleged violation to the head new text end 52.29 new text begin of the employing agency or the appropriate appointing authority. If appropriate, the new text end 52.30 new text begin commissioner shall report this information to the attorney general, the policy committees new text end 52.31 new text begin of the house of representatives and senate having jurisdiction over the subject involved, new text end 52.32 new text begin and to any other authority that the commissioner deems appropriate. In any case new text end 52.33 new text begin in which the commissioner submits a report of alleged violations to the head of the new text end 53.1 new text begin employing agency or appropriate appointing authority, that individual shall report to the new text end 53.2 new text begin commissioner with respect to any action taken by the individual regarding the activity, the new text end 53.3 new text begin first report being transmitted no later than 30 days after the date of the auditor's report, new text end 53.4 new text begin and monthly thereafter until final action has been taken. new text end 53.5     new text begin (c) This subdivision shall not limit any authority conferred upon the attorney general new text end 53.6 new text begin or other department or agency of government to investigate and prosecute any matter. new text end 53.7     new text begin (d) The commissioner shall have all the powers and authority described in this new text end 53.8 new text begin section to conduct investigations pursuant to this subdivision. new text end 53.9    Sec. 9. new text begin [177.275] INVESTIGATION PROCEDURE. new text end 53.10     new text begin (a) The commissioner shall initiate an investigation of a written complaint of new text end 53.11 new text begin reprisal or retaliation in public employment as prohibited by section 181.932 or 181.9325 new text end 53.12 new text begin within ten working days of its submission. The commissioner shall complete findings new text end 53.13 new text begin of the investigation within 60 working days thereafter, and shall provide a copy of the new text end 53.14 new text begin findings to the complaining employee or applicant for employment and to the appropriate new text end 53.15 new text begin supervisor, manager, employee, or appointing authority. When the allegations contained new text end 53.16 new text begin in a complaint of reprisal or retaliation are the same as, or similar to, those contained in new text end 53.17 new text begin another appeal, the commissioner may consolidate the appeals into the most appropriate new text end 53.18 new text begin format. In these cases, the time limits described in this subdivision shall not apply. new text end 53.19     new text begin (b) If the commissioner finds that the supervisor, manager, employee, or appointing new text end 53.20 new text begin power retaliated against the complainant for engaging in protected whistle-blower new text end 53.21 new text begin activities, the commissioner may issue a compliance order under section 177.27, new text end 53.22 new text begin subdivision 4. new text end 53.23     new text begin (c) In order for the governor and the legislature to determine the need to continue new text end 53.24 new text begin or modify state personnel procedures as they relate to the investigations of reprisals or new text end 53.25 new text begin retaliation for the disclosure of information by public employees, the commissioner, by new text end 53.26 new text begin June 30 of each year, shall submit a report to the governor and the legislature regarding new text end 53.27 new text begin complaints filed, hearings held, and legal actions taken under this section. new text end 53.28    Sec. 10. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read: 53.29    Subdivision 1. General authority. The commissioner may adopt rules, including 53.30definitions of terms, to carry out the purposes of sections 177.21 to new text begin 177.44 new text end , to 53.31prevent the circumvention or evasion of those sections, and to safeguard the minimum 53.32wage and overtime rates established by sections 177.24 and 177.25. 54.1    Sec. 11. Minnesota Statutes 2006, section 177.30, is amended to read: 54.2177.30 KEEPING RECORDS; PENALTY. 54.3    Every employer subject to sections 177.21 to new text begin 177.44 new text end must make and keep a 54.4record of: 54.5    (1) the name, address, and occupation of each employee; 54.6    (2) the rate of pay, and the amount paid each pay period to each employee; 54.7    (3) the hours worked each day and each workweek by the employee; and 54.8     new text begin (4) for each employer subject to sections 177.41 to 177.44, and while performing new text end 54.9 new text begin work on public works projects funded in whole or in part with state funds, the prevailing new text end 54.10 new text begin wage master job classification of each employee working on the project for each hour new text end 54.11 new text begin worked; and new text end 54.12    (4) new text begin (5) new text end other information the commissioner finds necessary and appropriate to 54.13enforce sections 177.21 to 177.35. The records must be kept for three years in or near the 54.14premises where an employee works new text begin except each employer subject to sections 177.41 to new text end 54.15 new text begin 177.44, and while performing work on public works projects funded in whole or in part new text end 54.16 new text begin with state funds, the records must be kept for three years after the contracting authority new text end 54.17 new text begin has made final payment on the public works project new text end . 54.18    The commissioner may fine an employer up to $1,000 for each failure to maintain 54.19records as required by this section. This penalty is in addition to any penalties provided 54.20under section 177.32, subdivision 1. In determining the amount of a civil penalty under 54.21this subdivision, the appropriateness of such penalty to the size of the employer's business 54.22and the gravity of the violation shall be considered. 54.23    Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read: 54.24    Subd. 3. Contract requirements. The contract must specifically state the prevailing 54.25wage rates, prevailing hours of labor, and hourly basic rates of pay. new text begin The contract must also new text end 54.26 new text begin provide that the contracting authority may demand and the contractor or subcontractor new text end 54.27 new text begin shall furnish to the contracting authority, copies of any and all payrolls, and that the new text end 54.28 new text begin contracting authority may examine all records relating to wages paid laborers or mechanics new text end 54.29 new text begin on work to which sections 177.41 to 177.44 apply. The requirements of this subdivision new text end 54.30 new text begin are in addition to any other requirements or authority set forth in other laws or rules for new text end 54.31 new text begin work to which sections 177.41 to 177.44 apply. new text end 54.32    Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read: 54.33    Subd. 4. Determination by commissioner new text begin ; posting; petition for reconsideration new text end . 54.34    The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all 55.1trades and occupations required in any project must be ascertained before the state asks for 55.2bids. The commissioner of labor and industry shall investigate as necessary to ascertain 55.3the information. The commissioner new text begin Each contractor and subcontractor performing work new text end 55.4 new text begin on a public project new text end shall keep the information posted on the project in at least one 55.5conspicuous place for the information of the employees working on the project. A person 55.6aggrieved by a final determination of the commissioner may petition the commissioner for 55.7reconsideration of findings. A person aggrieved by a decision of the commissioner after 55.8reconsideration may, within 20 days after the decision, petition the commissioner for a 55.9public hearing in the manner of a contested case under sections 14.57 to 14.61. 55.10    Sec. 14. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read: 55.11    Subd. 6. Examination of records new text begin ; investigation by the department new text end . The 55.12Department of Labor and Industry shall enforce this section. The department may 55.13demand, and the contractor and subcontractor shall furnish to the department, copies 55.14of any or all payrolls. The department may examine all records relating to wages paid 55.15laborers or mechanics on work to which sections 177.41 to 177.44 apply. new text begin The department new text end 55.16 new text begin shall employ at least three investigators to perform on-site project reviews, receive and new text end 55.17 new text begin investigate complaints of violations of this section, and conduct training and outreach to new text end 55.18 new text begin contractors and contracting authorities for public works projects financed in whole or new text end 55.19 new text begin in part with state funds. new text end 55.20    Sec. 15. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision 55.21to read: 55.22     new text begin Subd. 6a. new text end new text begin Prevailing wage violations. new text end new text begin Upon issuing a compliance order to an new text end 55.23 new text begin employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to new text end 55.24 new text begin 177.44, the commissioner shall issue a withholding order to the contracting authority new text end 55.25 new text begin ordering the contracting authority to withhold payment of sufficient sum to the prime new text end 55.26 new text begin or general contractor on the project to satisfy the back wages assessed or otherwise new text end 55.27 new text begin cure the violation, and the contracting authority must withhold the sum ordered until new text end 55.28 new text begin the compliance order has become a final order of the commissioner and has been fully new text end 55.29 new text begin paid or otherwise resolved by the employer. new text end 55.30     new text begin During an investigation of a violation of sections 177.41 to 177.44 which the new text end 55.31 new text begin commissioner reasonably determines is likely to result in the finding of a violation of new text end 55.32 new text begin sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section new text end 55.33 new text begin 177.27, subdivision 4, the commissioner may notify the contracting authority of the new text end 55.34 new text begin determination and the amount expected to be assessed and the contracting authority shall new text end 56.1 new text begin give the commissioner 90 days' prior notice of the date the contracting authority intends to new text end 56.2 new text begin make final payment. new text end 56.3    Sec. 16. new text begin [181.723] INDEPENDENT CONTRACTORS. new text end 56.4     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this subdivision apply to this section. new text end 56.5     new text begin (a) "Person" means any individual, limited liability corporation, corporation, new text end 56.6 new text begin partnership, incorporated or unincorporated association, sole proprietorship, joint stock new text end 56.7 new text begin company, or any other legal or commercial entity. new text end 56.8     new text begin (b) "Department" means the Department of Labor and Industry. new text end 56.9     new text begin (c) "Commissioner" means the commissioner of labor and industry or a duly new text end 56.10 new text begin designated representative of the commissioner who is either an employee of the new text end 56.11 new text begin Department of Labor and Industry or person working under contract with the Department new text end 56.12 new text begin of Labor and Industry. new text end 56.13     new text begin (d) "Individual" means a human being. new text end 56.14     new text begin (e) "Day" means calendar day unless otherwise provided. new text end 56.15     new text begin (f) "Knowingly" means knew or could have known with the exercise of reasonable new text end 56.16 new text begin diligence. new text end 56.17     new text begin (g) "Document" or "documents" includes papers; books; records; memoranda; data; new text end 56.18 new text begin contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; new text end 56.19 new text begin records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars new text end 56.20 new text begin maintained in any form or manner. new text end 56.21     new text begin Subd. 2. new text end new text begin Limited application. new text end new text begin (a) Except as otherwise provided in paragraph (b), new text end 56.22 new text begin this section only applies to individuals performing public or private sector commercial or new text end 56.23 new text begin residential building construction or improvement services as defined in section 326.83. new text end 56.24 new text begin (b) Subdivisions 1 to 6; 7, paragraph (a), clauses (1) to (4); and 8 to 16 do not new text end 56.25 new text begin apply to individuals licensed under section 326.84 as a residential building contractor new text end 56.26 new text begin or residential remodeler. new text end 56.27     new text begin Subd. 3. new text end new text begin Employee-employer relationship. new text end new text begin Except as provided in subdivisions new text end 56.28 new text begin 2 and 4, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, new text end 56.29 new text begin an individual who performs services for a person that are in the course of the person's new text end 56.30 new text begin trade, business, profession, or occupation is an employee of that person and that person new text end 56.31 new text begin is an employer of the individual. new text end 56.32     new text begin Subd. 4. new text end new text begin Independent contractor. new text end new text begin An individual is an independent contractor and new text end 56.33 new text begin not an employee of the person for whom the individual is performing services in the course new text end 56.34 new text begin of the person's trade, business, profession, or occupation only if (a) the individual holds new text end 56.35 new text begin a current independent contractor exemption certificate issued by the commissioner; and new text end 57.1 new text begin (b) the individual is performing services for the person under the independent contractor new text end 57.2 new text begin exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b) new text end 57.3 new text begin must be met in order to qualify as an independent contractor and not as an employee of new text end 57.4 new text begin the person for whom the individual is performing services in the course of the person's new text end 57.5 new text begin trade, business, profession, or occupation. new text end 57.6     new text begin Subd. 5. new text end new text begin Application. new text end new text begin To obtain an independent contractor exemption certificate, new text end 57.7 new text begin the individual must submit, in the manner prescribed by the commissioner, a complete new text end 57.8 new text begin application and the certificate fee required under subdivision 14. new text end 57.9     new text begin (a) A complete application must include all of the following information: new text end 57.10     new text begin (1) the individual's full name; new text end 57.11     new text begin (2) the individual's residence address and telephone number; new text end 57.12     new text begin (3) the individual's business name, address, and telephone number; new text end 57.13     new text begin (4) the services for which the individual is seeking an independent contractor new text end 57.14 new text begin exemption certificate; new text end 57.15     new text begin (5) the individual's Social Security number; new text end 57.16     new text begin (6) the individual's or the individual's business federal employer identification new text end 57.17 new text begin number, if a number has been issued to the individual or the individual's business; new text end 57.18     new text begin (7) any information or documentation that the commissioner requires by rule that new text end 57.19 new text begin will assist the department in determining whether to grant or deny the individual's new text end 57.20 new text begin application; and new text end 57.21     new text begin (8) The individual's sworn statement that the individual meets all of the following new text end 57.22 new text begin conditions: new text end 57.23     new text begin (i) the individual maintains a separate business with the individual's own office, new text end 57.24 new text begin equipment, materials, and other facilities; new text end 57.25     new text begin (ii) the individual holds or has applied for a federal employer identification number new text end 57.26 new text begin or has filed business or self-employment income tax returns with the federal Internal new text end 57.27 new text begin Revenue Service if the person has performed services in the previous year for which the new text end 57.28 new text begin individual is seeking the independent contractor exemption certificate; new text end 57.29     new text begin (iii) the individual operates under contracts to perform specific services for specific new text end 57.30 new text begin amounts of money and under which the individual controls the means of performing the new text end 57.31 new text begin services; new text end 57.32     new text begin (iv) the individual incurs the main expenses related to the service that the individual new text end 57.33 new text begin performs under contract; new text end 57.34     new text begin (v) the individual is responsible for the satisfactory completion of services that the new text end 57.35 new text begin individual contracts to perform and is liable for a failure to complete the service; new text end 58.1     new text begin (vi) the individual receives compensation for service performed under a contract on new text end 58.2 new text begin a commission or per-job or competitive bid basis and not on any other basis; new text end 58.3     new text begin (vii) the individual may realize a profit or suffer a loss under contracts to perform new text end 58.4 new text begin service; new text end 58.5     new text begin (viii) the individual has continuing or recurring business liabilities or obligations; and new text end 58.6     new text begin (ix) the success or failure of the individual's business depends on the relationship of new text end 58.7 new text begin business receipts to expenditures. new text end 58.8     new text begin (b) Within 30 days of receiving a complete application and the certificate fee, the new text end 58.9 new text begin commissioner must either grant or deny the application. The commissioner may deny new text end 58.10 new text begin an application for an independent contractor exemption certificate if the individual has new text end 58.11 new text begin not submitted a complete application and certificate fee or if the individual does not new text end 58.12 new text begin meet all of the conditions for holding the independent contractor exemption certificate. new text end 58.13 new text begin The commissioner may revoke an independent contractor exemption certificate if the new text end 58.14 new text begin commissioner determines that the individual no longer meets all of the conditions for new text end 58.15 new text begin holding the independent contractor exemption certificate, commits any of the actions new text end 58.16 new text begin set out in subdivision 7, or fails to cooperate with a department investigation into the new text end 58.17 new text begin continued validity of the individual's certificate. Once issued, an independent contractor new text end 58.18 new text begin exemption certificate remains in effect for two years unless: new text end 58.19     new text begin (1) revoked by the commissioner; or new text end 58.20     new text begin (2) canceled by the individual. new text end 58.21     new text begin (c) If the department denies an individual's original or renewal application for new text end 58.22 new text begin an independent contractor exemption certificate or revokes an independent contractor new text end 58.23 new text begin exemption certificate, the commissioner shall issue to the individual an order denying or new text end 58.24 new text begin revoking the certificate. The commissioner may issue an administrative penalty order to new text end 58.25 new text begin an individual or person who commits any of the actions set out in subdivision 7. new text end 58.26     new text begin (d) An individual or person to whom the commissioner issues an order under new text end 58.27 new text begin paragraph (c) shall have 30 days after service of the order to request a hearing. The request new text end 58.28 new text begin for hearing must be in writing and must be served on or faxed to the commissioner at the new text end 58.29 new text begin address or fax number specified in the order by the 30th day after service of the order. new text end 58.30 new text begin If the individual does not request a hearing or if the individual's request for a hearing is new text end 58.31 new text begin not served on or faxed to the commissioner by the 30th day after service of the order, the new text end 58.32 new text begin order shall become a final order of the commissioner and will not be subject to review new text end 58.33 new text begin by any court or agency. The date on which a request for hearing is served by mail shall new text end 58.34 new text begin be the postmark date on the envelope in which the request for hearing is mailed. If the new text end 58.35 new text begin individual serves or faxes a timely request for hearing, the hearing shall be a contested new text end 58.36 new text begin case hearing and shall be held in accordance with chapter 14. new text end 59.1     new text begin Subd. 6. new text end new text begin Qualifications for exemption certificate. new text end new text begin An individual is performing new text end 59.2 new text begin services for a person under an independent contractor exemption certificate if: new text end 59.3     new text begin (a) the individual is performing services listed on the individual's independent new text end 59.4 new text begin contractor exemption certificate; new text end 59.5     new text begin (b) at the time the individual is performing services listed on the individual's new text end 59.6 new text begin independent contractor exemption certificate, the individual meets all of the following new text end 59.7 new text begin conditions: new text end 59.8     new text begin (1) the individual maintains a separate business with the individual's own office, new text end 59.9 new text begin equipment, materials, and other facilities; new text end 59.10     new text begin (2) the individual holds or has applied for a federal employer identification number new text end 59.11 new text begin or has filed business or self-employment income tax returns with the federal Internal new text end 59.12 new text begin Revenue Service if the individual performed services in the previous year for which the new text end 59.13 new text begin individual has the independent contractor exemption certificate; new text end 59.14     new text begin (3) the individual is operating under contract to perform the specific services for new text end 59.15 new text begin the person for specific amounts of money and under which the individual controls the new text end 59.16 new text begin means of performing the services; new text end 59.17     new text begin (4) the individual is incurring the main expenses related to the services that the new text end 59.18 new text begin individual is performing for the person under the contract; new text end 59.19     new text begin (5) the individual is responsible for the satisfactory completion of the services new text end 59.20 new text begin that the individual has contracted to perform for the person and is liable for a failure new text end 59.21 new text begin to complete the services; new text end 59.22     new text begin (6) the individual receives compensation from the person for the services performed new text end 59.23 new text begin under the contract on a commission or per-job or competitive bid basis and not on any new text end 59.24 new text begin other basis; new text end 59.25     new text begin (7) the individual may realize a profit or suffers a loss under the contract to perform new text end 59.26 new text begin services for the person; new text end 59.27     new text begin (8) the individual has continuing or recurring business liabilities or obligations; and new text end 59.28     new text begin (9) the success or failure of the individual's business depends on the relationship of new text end 59.29 new text begin business receipts to expenditures. new text end 59.30     new text begin Subd. 7. new text end new text begin Prohibited activities. new text end new text begin (a) An individual shall not: new text end 59.31     new text begin (1) perform work as an independent contractor who meets the qualifications under new text end 59.32 new text begin subdivision 6, without first obtaining from the department an independent contractor new text end 59.33 new text begin exemption certificate; new text end 59.34     new text begin (2) perform work as an independent contractor when the department has denied or new text end 59.35 new text begin revoked the individual's independent contractor exemption certificate; new text end 60.1     new text begin (3) transfer to another individual or allow another individual to use the individual's new text end 60.2 new text begin independent contractor exemption certificate; new text end 60.3     new text begin (4) alter or falsify an independent contractor exemption certificate; new text end 60.4     new text begin (5) misrepresent the individual's status as an independent contractor; or new text end 60.5     new text begin (6) make a false material statement, representation, or certification; omit material new text end 60.6 new text begin information; or alter, conceal, or fail to file a document required by this section or any rule new text end 60.7 new text begin promulgated by the commissioner under rulemaking authority set out in this section. new text end 60.8     new text begin (b) A person shall not: new text end 60.9     new text begin (1) require an individual through coercion, misrepresentation, or fraudulent means to new text end 60.10 new text begin adopt independent contractor status; new text end 60.11     new text begin (2) knowingly misrepresent that an individual who has not been issued an new text end 60.12 new text begin independent contractor exemption certificate or is not performing services for the person new text end 60.13 new text begin under an independent contractor exemption certificate is an independent contractor; or new text end 60.14     new text begin (3) make a false material statement, representation, or certification; omit material new text end 60.15 new text begin information; or alter, conceal, or fail to file a document required by this section or any rule new text end 60.16 new text begin promulgated by the commissioner under rulemaking authority set out in this section. new text end 60.17     new text begin (c) A person for whom an individual is performing services must obtain a copy of the new text end 60.18 new text begin individual's independent contractor exemption certificate before services may commence. new text end 60.19 new text begin A copy of the independent contractor exemption certificate must be retained for five years new text end 60.20 new text begin from the date of receipt by the person for whom an individual is performing services. new text end 60.21     new text begin Subd. 8. new text end new text begin Remedies. new text end new text begin An individual or person who violates any provision of new text end 60.22 new text begin subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for new text end 60.23 new text begin each violation. The department shall deposit penalties in the assigned risk safety account. new text end 60.24     new text begin Subd. 9. new text end new text begin Commissioner's powers. new text end new text begin (a) In order to carry out the purposes of this new text end 60.25 new text begin section, the commissioner may: new text end 60.26     new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take new text end 60.27 new text begin oral or written statements, and take depositions; new text end 60.28     new text begin (2) request, examine, take possession of, photograph, record, and copy any new text end 60.29 new text begin documents, equipment, or materials; new text end 60.30     new text begin (3) at a time and place indicated by the commissioner, request persons to appear new text end 60.31 new text begin before the commissioner to give testimony and produce documents, equipment, or new text end 60.32 new text begin materials; new text end 60.33     new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give new text end 60.34 new text begin testimony and produce documents, equipment, or materials; and new text end 61.1     new text begin (5) with or without notice, enter without delay upon any property, public or private, new text end 61.2 new text begin for the purpose of taking any action authorized under this subdivision or the applicable new text end 61.3 new text begin law, including obtaining information or conducting inspections or investigations. new text end 61.4     new text begin (b) Persons requested by the commissioner to give testimony or produce documents, new text end 61.5 new text begin equipment, or materials shall respond within the time and in the manner specified by the new text end 61.6 new text begin commissioner. If no time to respond is specified in the request, then a response shall be new text end 61.7 new text begin submitted within 30 days of the commissioner's service of the request. new text end 61.8     new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property new text end 61.9 new text begin owner's representative, or lessee's representative to permit the commissioner's entry onto new text end 61.10 new text begin property as provided in paragraph (a), the commissioner may apply for an administrative new text end 61.11 new text begin inspection order in the Ramsey County District Court or, at the commissioner's discretion, new text end 61.12 new text begin in the district court in the county in which the property is located. The commissioner may new text end 61.13 new text begin anticipate that a property owner or lessee will refuse entry if the property owner, lessee, new text end 61.14 new text begin property owner's representative, or lessee's representative has refused to permit entry on a new text end 61.15 new text begin prior occasion or has informed the commissioner that entry will be refused. Upon showing new text end 61.16 new text begin of administrative probable cause by the commissioner, the district court shall issue an new text end 61.17 new text begin administrative inspection order that compels the property owner or lessee to permit the new text end 61.18 new text begin commissioner to enter the property for the purposes specified in paragraph (a). new text end 61.19     new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of new text end 61.20 new text begin any person to obey a subpoena lawfully issued by the commissioner under this subdivision new text end 61.21 new text begin as a contempt of court. new text end 61.22     new text begin Subd. 10. new text end new text begin Notice requirements. new text end new text begin Unless otherwise specified, service of a document new text end 61.23 new text begin on a person under this section may be by mail, by personal service, or in accordance with new text end 61.24 new text begin any consent to service filed with the commissioner. Service by mail shall be accomplished new text end 61.25 new text begin in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service new text end 61.26 new text begin shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550, new text end 61.27 new text begin subpart 3. new text end 61.28     new text begin Subd. 11. new text end new text begin Facsimile; timely service. new text end new text begin When this section permits a request for new text end 61.29 new text begin hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15 new text end 61.30 new text begin pages in length. The request shall be considered timely served if the facsimile is received new text end 61.31 new text begin by the commissioner, at the facsimile number identified by the commissioner in the order, new text end 61.32 new text begin no later than 4:30 p.m. central time on the last day permitted for faxing the request. new text end 61.33 new text begin Where the quality or authenticity of the faxed request is at issue, the commissioner new text end 61.34 new text begin may require the original request to be filed. Where the commissioner has not identified new text end 61.35 new text begin quality or authenticity of the faxed request as an issue and the request has been faxed in new text end 62.1 new text begin accordance with this subdivision, the person faxing the request does not need to file the new text end 62.2 new text begin original request with the commissioner. new text end 62.3     new text begin Subd. 12. new text end new text begin Time period computation. new text end new text begin In computing any period of time prescribed new text end 62.4 new text begin or allowed by this section, the day of the act, event, or default from which the designated new text end 62.5 new text begin period of time begins to run shall not be included. The last day of the period so computed new text end 62.6 new text begin shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the new text end 62.7 new text begin period runs until the next day which is not a Saturday, Sunday, or legal holiday. new text end 62.8     new text begin Subd. 13. new text end new text begin Rulemaking. new text end new text begin The commissioner may, in consultation with the new text end 62.9 new text begin commissioner of revenue and the commissioner of employment and economic new text end 62.10 new text begin development, adopt, amend, suspend, and repeal rules under the rulemaking provisions new text end 62.11 new text begin of chapter 14 that relate to the commissioner's responsibilities under this section. This new text end 62.12 new text begin subdivision is effective the day following final enactment. new text end 62.13     new text begin Subd. 14. new text end new text begin Fee. new text end new text begin The certificate fee for the original application and for the renewal of new text end 62.14 new text begin an independent contractor exemption certificate shall be $150. Fees collected under this new text end 62.15 new text begin subdivision are deposited in the general fund. new text end 62.16     new text begin Subd. 15. new text end new text begin Notice to commissioner; review by commissioner of revenue. new text end new text begin When new text end 62.17 new text begin the commissioner has reason to believe that an individual who holds a certificate has failed new text end 62.18 new text begin to maintain all the conditions required by subdivision 3 or is not performing services for a new text end 62.19 new text begin person under the independent contractor exemption certificate, the commissioner must new text end 62.20 new text begin notify the commissioner of revenue and the commissioner of employment and economic new text end 62.21 new text begin development. Upon receipt of notification from the commissioner that an individual who new text end 62.22 new text begin holds a certificate has failed to maintain all the conditions required by subdivision 3 new text end 62.23 new text begin or is not performing services for a person under the independent contractor exemption new text end 62.24 new text begin certificate, the commissioner of revenue must review the information returns required new text end 62.25 new text begin under section 6041A of the Internal Revenue Code. The commissioner of revenue shall new text end 62.26 new text begin also review the submitted certification that is applicable to returns audited or investigated new text end 62.27 new text begin under section 289A.35. new text end 62.28     new text begin Subd. 16. new text end new text begin Data classified. new text end new text begin Certificates containing the certificate number, the name new text end 62.29 new text begin of the certificate holder, and the name of the business, issued by the commissioner, new text end 62.30 new text begin are public data. Applications and required documentation submitted by an individual new text end 62.31 new text begin is private data on an individual. Upon request of the Department of Revenue or the new text end 62.32 new text begin Department of Employment and Economic Development, the commissioner may release new text end 62.33 new text begin to the Department of Revenue and the Department of Employment and Economic new text end 62.34 new text begin Development applications and required documentation submitted by individuals and new text end 62.35 new text begin investigative data that relates to the department's issuance or denial of applications and the new text end 63.1 new text begin department's revocations of certificates. Except as otherwise provided by this subdivision, new text end 63.2 new text begin the department's investigative data shall be classified as provided in chapter 13. new text end 63.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 63.4    Sec. 17. new text begin [181.724] PERFORMERS IN RECORDED MEDIA INDUSTRY. new text end 63.5     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this subdivision apply to section new text end 63.6 new text begin 181.724. new text end 63.7     new text begin (a) "Performer" means actor, announcer, singer, dancer, narrator, stunt-person, extra, new text end 63.8 new text begin or any other individual generically or customarily referred to as talent in the recorded new text end 63.9 new text begin media industry. new text end 63.10     new text begin (b) "Recorded media industry" means radio or television commercial production, new text end 63.11 new text begin nonbroadcast audio or video production, sound recording, audio or video production for new text end 63.12 new text begin the internet, or any other recording technology. new text end 63.13     new text begin (c) "Individual" means a human being. new text end 63.14     new text begin (d) "Person" means any individual, limited liability corporation, corporation, new text end 63.15 new text begin partnership, incorporated or unincorporated association, sole proprietorship, joint stock new text end 63.16 new text begin company, or any other legal or commercial entity. new text end 63.17     new text begin Subd. 2. new text end new text begin Limited application. new text end new text begin This section applies only to individuals who new text end 63.18 new text begin are performers in the recorded media industry. This section does not apply to live new text end 63.19 new text begin performances. new text end 63.20     new text begin Subd. 3. new text end new text begin Employee-employer relationship. new text end new text begin For the purposes of chapters 176, new text end 63.21 new text begin 177, 181A, 182, and 268, an individual who provides services as a performer in the new text end 63.22 new text begin recorded media industry for a person that are in the course of the person's trade, business, new text end 63.23 new text begin profession, or occupation is an employee of that person and that person is an employer of new text end 63.24 new text begin the individual. new text end 63.25     new text begin Subd. 4. new text end new text begin Civil remedy. new text end new text begin An individual who has been injured by a violation of this new text end 63.26 new text begin section may bring a civil action for damages against the violator. If the individual is new text end 63.27 new text begin an employee of the violator of this section, the employee's representative, as defined in new text end 63.28 new text begin section 179.01, subdivision 5, may bring a civil action for damages against the violator on new text end 63.29 new text begin behalf of the employee. The court may award attorney fees, costs, and disbursement to an new text end 63.30 new text begin individual recovering under this section. new text end 63.31     new text begin Subd. 5. new text end new text begin Reporting of violations. new text end new text begin Any court finding that a violation of this section new text end 63.32 new text begin has occurred shall transmit a copy of its findings of fact and conclusions of law to the new text end 63.33 new text begin commissioner of labor and industry. The commissioner of labor and industry shall report new text end 63.34 new text begin the finding to relevant state and federal agencies, including the commissioner of commerce, new text end 64.1 new text begin the commissioner of employment and economic development, the commissioner of new text end 64.2 new text begin revenue, the federal Internal Revenue Service, and the United States Department of Labor. new text end 64.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 64.4    Sec. 18. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read: 64.5    Subdivision 1. Prohibited action. An employer shall not discharge, discipline, 64.6threaten, otherwise discriminate against, or penalize an employee regarding the employee's 64.7compensation, terms, conditions, location, or privileges of employment because: 64.8    (a) the employee, or a person acting on behalf of an employee, in good faith, reports 64.9a violation or suspected violation of any federal or state law or rule adopted pursuant 64.10to law to an employer or to any governmental body or law enforcement official new text begin and new text end 64.11 new text begin the alleged violation involves a matter of public concern, including, but not limited to, new text end 64.12 new text begin violations that create a specific danger to the public health, safety, or environment new text end ; 64.13    (b) the employee is requested by a public body or office to participate in an 64.14investigation, hearing, inquiry; 64.15    (c) the employee refuses an employer's order to perform an action that the employee 64.16has an objective basis in fact to believe violates any state or federal law or rule or 64.17regulation adopted pursuant to law new text begin which violation the employee reasonably believes new text end 64.18 new text begin is a matter of public concern, including, but not limited to, violations that create a new text end 64.19 new text begin specific danger to the public health, safety, or environment new text end , and the employee informs the 64.20employer that the order is being refused for that reason; or 64.21    (d) the employee, in good faith, reports a situation in which the quality of health care 64.22services provided by a health care facility, organization, or health care provider violates a 64.23standard established by federal or state law or a professionally recognized national clinical 64.24or ethical standard and potentially places the public at risk of harm. new text begin ; new text end 64.25     new text begin (e) a public employee refuses to alter, dilute, or suppress the objective representation new text end 64.26 new text begin or communication of scientific or technical data or findings, including but not limited to, new text end 64.27 new text begin findings of economic or environmental impact, or findings indicating consequences for new text end 64.28 new text begin the public's health or safety; or new text end 64.29     new text begin (f) a public employee communicates the findings of a scientific or technical study new text end 64.30 new text begin that the employee, in good faith, believes to be truthful and accurate, including reports to a new text end 64.31 new text begin governmental body or law enforcement official. new text end 64.32 new text begin The disclosures protected pursuant to this section do not authorize the disclosure of trade new text end 64.33 new text begin secret information otherwise protected by law. new text end 65.1    Sec. 19. new text begin [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE new text end 65.2 new text begin WITH DISCLOSURE OF INFORMATION. new text end 65.3     new text begin (a) A public employer may not directly or indirectly use or attempt to use the new text end 65.4 new text begin employer's official authority or influence for the purpose of intimidating, threatening, new text end 65.5 new text begin coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of new text end 65.6 new text begin interfering with the rights described in section 181.932, or for the purpose of persuading new text end 65.7 new text begin the person to waive or disclaim any other legal rights related to the person's employment. new text end 65.8     new text begin (b) For purposes of this section, "use of official authority or influence" includes: new text end 65.9 new text begin promising to confer, or conferring, any benefit; effecting, or threatening to effect, any new text end 65.10 new text begin reprisal; or taking, or directing others to take, or recommending, processing, or approving, new text end 65.11 new text begin any personnel action, including but not limited to appointment, promotion, transfer, new text end 65.12 new text begin assignment, performance evaluation, suspension, or other disciplinary action. new text end 65.13    Sec. 20. Minnesota Statutes 2006, section 181.935, is amended to read: 65.14181.935 INDIVIDUAL REMEDIES; PENALTY. 65.15    (a) In addition to any remedies otherwise provided by law, an employee injured 65.16by a violation of section 181.932 new text begin or 181.9325 new text end may bring a civil action to recover any 65.17and all damages recoverable at law, together with costs and disbursements, including 65.18reasonable attorney's fees, and may receive such injunctive and other equitable relief as 65.19determined by the court. 65.20    (b) An employer who failed to notify, as required under section 181.933 or 181.934, 65.21an employee injured by a violation of section 181.932 is subject to a civil penalty of $25 65.22per day per injured employee not to exceed $750 per injured employee. 65.23    Sec. 21. new text begin [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER new text end 65.24 new text begin GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES. new text end 65.25     new text begin (a) A public employee or applicant for public employment who files a written new text end 65.26 new text begin complaint with the employee's or applicant's supervisor, manager, or the appointing new text end 65.27 new text begin power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or new text end 65.28 new text begin similar improper acts prohibited by section 181.9325, may also file a copy of the written new text end 65.29 new text begin complaint with the commissioner of labor and industry, together with a sworn statement new text end 65.30 new text begin that the contents of the written complaint are true, or are believed by the affiant to be true, new text end 65.31 new text begin under penalty of perjury. The complaint filed with the commissioner shall be filed within new text end 65.32 new text begin 12 months of the most recent act of reprisal complained about. new text end 65.33     new text begin (b) Any person who intentionally engages in acts of reprisal, retaliation, threats, new text end 65.34 new text begin coercion, or similar acts against a public employee or applicant for public employment new text end 66.1 new text begin for having made a protected disclosure under section 181.932, is subject to a fine not to new text end 66.2 new text begin exceed $10,000 and imprisonment in the county jail for a period not to exceed one year. new text end 66.3     new text begin (c) In addition to all other penalties provided by law, any person who intentionally new text end 66.4 new text begin engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public new text end 66.5 new text begin employee or applicant for public employment for having made a protected disclosure shall new text end 66.6 new text begin be liable in an action for damages brought against the person by the injured party. Punitive new text end 66.7 new text begin damages may be awarded by the court where the acts of the offending party are proven to new text end 66.8 new text begin be malicious. Where liability has been established, the injured party shall also be entitled new text end 66.9 new text begin to reasonable attorney fees as provided by law. However, any action for damages shall not new text end 66.10 new text begin be available to the injured party unless the injured party has first filed a complaint with the new text end 66.11 new text begin commissioner of labor and industry under paragraph (a), and the department has issued, or new text end 66.12 new text begin failed to issue, findings under section 177.275. new text end 66.13     new text begin (d) This section is not intended to prevent an appointing power, manager, or new text end 66.14 new text begin supervisor from taking, directing others to take, recommending, or approving any new text end 66.15 new text begin personnel action or from taking or failing to take a personnel action with respect to any new text end 66.16 new text begin public employee or applicant for public employment if the appointing power, manager, or new text end 66.17 new text begin supervisor reasonably believes any action or inaction is justified on the basis of evidence new text end 66.18 new text begin separate and apart from the fact that the person has made a protected disclosure under new text end 66.19 new text begin section 181.932. new text end 66.20     new text begin (e) In any civil action or administrative proceeding, once it has been demonstrated new text end 66.21 new text begin by a preponderance of evidence that an activity protected by sections 177.27, 177.275, new text end 66.22 new text begin 181.932, and 181.9325 was a contributing factor in the alleged retaliation against a former, new text end 66.23 new text begin current, or prospective employee, the burden of proof shall be on the supervisor, manager, new text end 66.24 new text begin or appointing power to demonstrate by clear and convincing evidence that the alleged new text end 66.25 new text begin action would have occurred for legitimate, independent reasons even if the employee had new text end 66.26 new text begin not engaged in protected disclosures or refused an illegal order. If the supervisor, manager, new text end 66.27 new text begin or appointing power fails to meet this burden of proof in an adverse action against the new text end 66.28 new text begin employee in any administrative review, challenge, or adjudication in which retaliation new text end 66.29 new text begin has been demonstrated to be a contributing factor, the employee shall have a complete new text end 66.30 new text begin affirmative defense in the adverse action. new text end 66.31     new text begin (f) Nothing in sections 177.27, 177.275, 181.932, and 181.9325 shall be deemed to new text end 66.32 new text begin diminish the rights, privileges, or remedies of any employee under any other federal or new text end 66.33 new text begin state law or under any employment contract or collective bargaining agreement. new text end 66.34    Sec. 22. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read: 67.1    Subd. 6. Scope; limitations. (a) This section applies to a sales representative who, 67.2during some part of the period of the sales representative agreement: 67.3    (1) is a resident of Minnesota or maintains that person's principal place of business 67.4in Minnesota; or 67.5    (2) whose geographical territory specified in the sales representative agreement 67.6includes part or all of Minnesota. 67.7    (b) To be effective, any demand for arbitration under subdivision 5 must be made 67.8in writing and delivered to the principal on or before one year after the effective date of 67.9the termination of the agreement. 67.10     new text begin (c) A provision in any contract between a sales representative dealing in plumbing new text end 67.11 new text begin equipment or supplies and a principal purporting to waive any provision of this act, new text end 67.12 new text begin whether by express waiver or by a provision stipulating that the contract is subject to the new text end 67.13 new text begin laws of another state, shall be void. new text end 67.14    Sec. 23. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read: 67.15    Subdivision 1. Rules. The state commissioner of health new text begin Plumbing Board new text end may, by 67.16rule, prescribe minimum standards which shall be uniform, and which standards shall 67.17thereafter be effective for all new plumbing installations, including additions, extensions, 67.18alterations, and replacements connected with any water or sewage disposal system owned 67.19or operated by or for any municipality, institution, factory, office building, hotel, apartment 67.20building, or any other place of business regardless of location or the population of the 67.21city or town in which located. Notwithstanding the provisions of Minnesota Rules, part 67.224715.3130, as they apply to review of plans and specifications, the commissioner may 67.23allow plumbing construction, alteration, or extension to proceed without approval of the 67.24plans or specifications by the commissioner. 67.25     new text begin Except for powers granted to the Plumbing Board, new text end the commissioner new text begin of labor and new text end 67.26 new text begin industry new text end shall administer the provisions of sections 326.37 to 326.45 and for such purposes 67.27may employ plumbing inspectors and other assistants. 67.28    Sec. 24. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision 67.29to read: 67.30     new text begin Subd. 4. new text end new text begin Air admittance valves and water-free urinals prohibited. new text end new text begin (a) new text end 67.31 new text begin Mechanical devices and fittings with internal moving parts are prohibited from installation new text end 67.32 new text begin in plumbing venting systems. new text end 67.33     new text begin (b) All urinals covered under the jurisdiction of the state plumbing code must have a new text end 67.34 new text begin water flush device with a volume of not more than one gallon per use. new text end 68.1    Sec. 25. new text begin [326.372] PLUMBING BOARD. new text end 68.2     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Plumbing Board shall consist of 12 voting new text end 68.3 new text begin members who must be residents of the state, appointed by the governor, and confirmed new text end 68.4 new text begin by the senate. The commissioner of labor and industry or the commissioner's designee new text end 68.5 new text begin shall be a voting member. The first appointed board members shall serve an initial term new text end 68.6 new text begin of four years, except where designated otherwise. The governor shall then reappoint the new text end 68.7 new text begin current members or appoint replacement members, all or in part, to subsequent three-year new text end 68.8 new text begin terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies new text end 68.9 new text begin occurring with less than six months time remaining in the term shall be filled for the new text end 68.10 new text begin existing term and the following three-year term. Of the 11 appointed members, the new text end 68.11 new text begin composition shall be as follows: new text end 68.12     new text begin (1) two members shall be municipal plumbing inspectors, one from the seven-county new text end 68.13 new text begin metro area and one from greater Minnesota; new text end 68.14     new text begin (2) one member shall be a licensed mechanical engineer; new text end 68.15     new text begin (3) two members serving an initial term of three years shall be plumbing contractors new text end 68.16 new text begin or the representative of the contractor, engaged in a commercial scope of plumbing new text end 68.17 new text begin contracting, one from the metropolitan area and one from greater Minnesota; new text end 68.18     new text begin (4) two members serving an initial term of three years shall be plumbing contractors new text end 68.19 new text begin or their representatives, engaged in the residential scope of plumbing contracting, one new text end 68.20 new text begin from the metro area and one from greater Minnesota; new text end 68.21     new text begin (5) two members serving an initial term of two years shall be plumbing new text end 68.22 new text begin journeypersons engaged in a commercial scope of plumbing systems installation, one new text end 68.23 new text begin from the metro area and one from greater Minnesota; and new text end 68.24     new text begin (6) two members serving an initial term of two years shall be plumbing new text end 68.25 new text begin journeypersons engaged in a residential scope of plumbing systems installation, one from new text end 68.26 new text begin the metro area and one from greater Minnesota. new text end 68.27     new text begin (b) Except for the licensed mechanical engineer, all persons appointed to the new text end 68.28 new text begin council must possess a current Minnesota plumbing license and maintain the license for new text end 68.29 new text begin the duration of their term. new text end 68.30     new text begin Subd. 2. new text end new text begin Powers. new text end new text begin (a) The board shall have the power to: new text end 68.31     new text begin (1) elect its chair; new text end 68.32     new text begin (2) specify the plumbing code that must be followed in this state; new text end 68.33     new text begin (3) maintain a review process to make determinations regarding any complaints, new text end 68.34 new text begin code amendments, code compliance, and code clarifications filed with the board; new text end 68.35     new text begin (4) adopt rules necessary for the regulation and licensing of contractors, new text end 68.36 new text begin journeypersons, apprentices, and other persons engaged in the design, installation, and new text end 69.1 new text begin alteration of plumbing systems that would include the issuing, renewing, revoking, new text end 69.2 new text begin refusing to renew, and suspending a plumbing license, except for persons licensed under new text end 69.3 new text begin sections 326.02 to 326.15; new text end 69.4     new text begin (5) adopt rules necessary for continuing education for individuals regulated and new text end 69.5 new text begin licensed under this section; new text end 69.6     new text begin (6) make recommendations to the commissioner regarding educational requirements new text end 69.7 new text begin for plumbing inspectors; and new text end 69.8     new text begin (7) pay expenses deemed necessary in the performance of board duties, including: new text end 69.9     new text begin (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18, new text end 69.10 new text begin subdivision 2; and new text end 69.11     new text begin (ii) per diem and expenses for its members as provided in section 15.0575, new text end 69.12 new text begin subdivision 3. new text end 69.13     new text begin (b) Requests under the review process in paragraph (a), clause (3), may originate new text end 69.14 new text begin with the municipal inspectors, the plumbing contractors or their employees, and other new text end 69.15 new text begin persons engaged in the design, installation, and alteration of plumbing systems. The board new text end 69.16 new text begin shall make its findings known to all parties and the commissioner of labor and industry new text end 69.17 new text begin within the time period specified by the board. new text end 69.18     new text begin Subd. 3. new text end new text begin Fees and finances. new text end new text begin The board shall submit an annual budget to the new text end 69.19 new text begin commissioner of labor and industry. The commissioner shall collect fees under section new text end 69.20 new text begin 326.42 necessary for the operation and continuance of the board. The commissioner is new text end 69.21 new text begin responsible for the enforcement of the codes and licensing requirements determined by new text end 69.22 new text begin the board. The board shall recommend the fees for licenses and certification under this new text end 69.23 new text begin section. The commissioner of finance shall make a quarterly certification of the amount new text end 69.24 new text begin necessary to pay expenses required for operation of the board under subdivision 2, new text end 69.25 new text begin paragraph (a), clause (6). The certified amount is appropriated in fiscal years 2008 and new text end 69.26 new text begin 2009 to the board for those purposes from the fees collected under section 326.42. new text end 69.27     new text begin Subd. 4. new text end new text begin Transfer of authority; Plumbing Board. new text end new text begin The authority of the new text end 69.28 new text begin commissioners of health and labor and industry to adopt rules relating to plumbers is new text end 69.29 new text begin transferred to the Plumbing Board. Licenses and permits currently in effect remain in new text end 69.30 new text begin effect according to their terms unless affected by board action. Rules adopted by the new text end 69.31 new text begin commissioner of health or labor and industry remain in effect until amended or repealed new text end 69.32 new text begin by the board. The commissioner of administration may not use the authority under section new text end 69.33 new text begin 16B.37 to modify the transfers of authority in this act. new text end 69.34     new text begin Subd. 5. new text end new text begin First meeting; appointments for Plumbing Board. new text end new text begin The governor must new text end 69.35 new text begin complete the appointments required by section 326.372 no later than July 1, 2007. The new text end 70.1 new text begin commissioner of labor and industry shall convene the first meeting of the Plumbing Board new text end 70.2 new text begin no later than September 1, 2007. new text end 70.3    Sec. 26. Minnesota Statutes 2006, section 326.38, is amended to read: 70.4326.38 LOCAL REGULATIONS. 70.5    Any city having a system of waterworks or sewerage, or any town in which reside 70.6over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 70.7airports commission, may, by ordinance, adopt local regulations providing for plumbing 70.8permits, bonds, approval of plans, and inspections of plumbing, which regulations are 70.9not in conflict with the plumbing standards on the same subject prescribed by the state 70.10commissioner of health new text begin Plumbing Board new text end . No city or such town shall prohibit plumbers 70.11licensed by the state commissioner of health new text begin labor and industry new text end from engaging in or 70.12working at the business, except cities and statutory cities which, prior to April 21, 1933, 70.13by ordinance required the licensing of plumbers. new text begin No city or town may require a license new text end 70.14 new text begin for persons performing building sewer or water service installation who have completed new text end 70.15 new text begin pipe laying training as prescribed by the commissioner of labor and industry. new text end Any city 70.16by ordinance may prescribe regulations, reasonable standards, and inspections and grant 70.17permits to any person, firm, or corporation engaged in the business of installing water 70.18softeners, who is not licensed as a master plumber or journeyman plumber by the state 70.19commissioner of health new text begin labor and industry new text end , to connect water softening and water filtering 70.20equipment to private residence water distribution systems, where provision has been 70.21previously made therefor and openings left for that purpose or by use of cold water 70.22connections to a domestic water heater; where it is not necessary to rearrange, make any 70.23extension or alteration of, or addition to any pipe, fixture or plumbing connected with 70.24the water system except to connect the water softener, and provided the connections so 70.25made comply with minimum standards prescribed by the state commissioner of health new text begin new text end 70.26 new text begin Plumbing Board new text end . 70.27    Sec. 27. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read: 70.28    Subdivision 1. License required; master and journeyman plumbers. In any city 70.29now or hereafter having 5,000 or more population, according to the last federal census, 70.30and having a system of waterworks or sewerage, new text begin (a) new text end No person, firm, or corporation shall 70.31engage in or work at the business of a master plumber or new text begin , restricted master plumber, new text end 70.32journeyman plumber new text begin , and restricted journeyman plumber new text end unless licensed to do so by the 70.33state commissioner of health new text begin labor and industry new text end . new text begin A license is not required for persons new text end 70.34 new text begin performing building sewer or water service installation who have completed pipe laying new text end 71.1 new text begin training as prescribed by the commissioner of labor and industry. new text end A master plumber may 71.2also work as a journeyman plumber new text begin , a restricted journeyman plumber, and a restricted new text end 71.3 new text begin master plumber. A journeyman plumber may also work as a restricted journeyman new text end 71.4 new text begin plumber new text end . Anyone not so licensed may do plumbing work which complies with the 71.5provisions of the minimum standard prescribed by the state commissioner of health 71.6 new text begin Plumbing Board new text end on premises or that part of premises owned and actually occupied by the 71.7worker as a residence, unless otherwise forbidden to do so by a local ordinance. 71.8    In any such city new text begin (b) new text end No person, firm, or corporation shall engage in the business of 71.9installing plumbing nor install plumbing in connection with the dealing in and selling 71.10of plumbing material and supplies unless at all times a licensed master plumber, new text begin or in new text end 71.11 new text begin cities and towns with a population of fewer than 5,000 according to the federal census a new text end 71.12 new text begin restricted master plumber, new text end who shall be responsible for proper installation, is in charge 71.13of the plumbing work of the person, firm, or corporation. 71.14    The Department of Health new text begin Plumbing Board new text end shall prescribe rules, not inconsistent 71.15herewith, for the examination and licensing of plumbers. 71.16    Sec. 28. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read: 71.17    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years 71.18of practical plumbing experience is eligible to take the journeyman plumbing examination. 71.19Up to 24 months of practical plumbing experience prior to registration as an apprentice 71.20may be applied to the four-year experience requirement. However, none of this practical 71.21plumbing experience may be applied if the person did not have any practical plumbing 71.22experience in the 12-month period immediately prior to registration. The commissioner new text begin new text end 71.23 new text begin Plumbing Board new text end may adopt rules to evaluate whether the person's past practical plumbing 71.24experience is applicable in preparing for the journeyman's examination. If two years 71.25after completing the training the person has not taken the examination, the four years 71.26of experience shall be forfeited. 71.27    The commissioner may allow an extension of the two-year period for taking the 71.28exam for cases of hardship or other appropriate circumstances. 71.29    Sec. 29. new text begin [326.402] RESTRICTED PLUMBER LICENSE. new text end 71.30     new text begin Subdivision 1. new text end new text begin Licensure. new text end new text begin The commissioner of labor and industry shall grant a new text end 71.31 new text begin restricted journeyman or master plumber license to an individual if: new text end 71.32     new text begin (1) the individual completes an application with information required by the new text end 71.33 new text begin commissioner of labor and industry; new text end 71.34     new text begin (2) the completed application is accompanied by a fee of $90; new text end 72.1     new text begin (3) the commissioner of labor and industry receives the completed application and new text end 72.2 new text begin fee before January 1, 2008; new text end 72.3     new text begin (4) the completed application demonstrates that the applicant has had at least two new text end 72.4 new text begin years for a restricted journeyman plumber license or four years for a restricted master new text end 72.5 new text begin plumber license of practical plumbing experience in the plumbing trade prior to the new text end 72.6 new text begin application; and new text end 72.7     new text begin (5) during the entire time for which the applicant is claiming experience in new text end 72.8 new text begin contracting for plumbing work under clause (4), the applicant was in compliance with all new text end 72.9 new text begin applicable requirements of section 326.40. new text end 72.10     new text begin Subd. 2. new text end new text begin Use of license. new text end new text begin A restricted master plumber and restricted journeyman new text end 72.11 new text begin plumber may engage in the plumbing trade in all areas of the state except in cities and new text end 72.12 new text begin towns with a population of more than 5,000 according to the federal census. new text end 72.13     new text begin Subd. 3. new text end new text begin Application period. new text end new text begin Applications for restricted master plumber and new text end 72.14 new text begin restricted journeyman plumber licenses must be submitted to the commissioner prior new text end 72.15 new text begin to January 1, 2008. new text end 72.16     new text begin Subd. 4. new text end new text begin Renewal; use period for license. new text end new text begin A restricted master plumber and new text end 72.17 new text begin restricted journeyman plumber license must be renewed annually for as long as that new text end 72.18 new text begin licensee engages in the plumbing trade. Failure to renew a restricted master plumber and new text end 72.19 new text begin restricted journeyman plumber license within 12 months after the expiration date will new text end 72.20 new text begin result in permanent forfeiture of the restricted master plumber and restricted journeyman new text end 72.21 new text begin plumber license. new text end 72.22     new text begin Subd. 5. new text end new text begin Prohibition of transference. new text end new text begin A restricted master plumber and restricted new text end 72.23 new text begin journeyman plumber license may not be transferred or sold to any other person. new text end 72.24     new text begin Subd. 6. new text end new text begin Bond; insurance. new text end new text begin A restricted master plumber licensee is subject to the new text end 72.25 new text begin bond and insurance requirements of section 326.40, subdivision 2, unless the exemption new text end 72.26 new text begin provided by section 326.40, subdivision 3, applies. new text end 72.27     new text begin Subd. 7. new text end new text begin Fee. new text end new text begin The annual fee for the restricted master plumber and restricted new text end 72.28 new text begin journeyman plumber licenses is the same fee as for a master or journeyman plumber new text end 72.29 new text begin license, respectively. new text end 72.30    Sec. 30. Minnesota Statutes 2006, section 326.405, is amended to read: 72.31326.405 RECIPROCITY WITH OTHER STATES. 72.32    The commissioner of health may license without examination, upon payment of the 72.33required fee, nonresident applicants who are licensed under the laws of a state having 72.34standards for licensing plumbers which the commissioner determines are substantially 72.35equivalent to the standards of this state if the other state grants similar privileges to 73.1Minnesota residents duly licensed in this state. new text begin The commissioner may issue a temporary new text end 73.2 new text begin license without examination, upon payment of the required fee, nonresident applicants new text end 73.3 new text begin who are licensed under the laws of a state having standards for licensing which the new text end 73.4 new text begin commissioner determines are substantially equivalent to the standards of this state if new text end 73.5 new text begin the other state grants similar privileges to Minnesota residents duly licensed in this new text end 73.6 new text begin state. Applicants who receive a temporary license under this section may acquire an new text end 73.7 new text begin aggregate of 24 months of experience before they have to apply and pass the licensing new text end 73.8 new text begin examination. Applicants must register with the commissioner of labor and industry and new text end 73.9 new text begin the commissioner shall set a fee for a temporary license. Applicants have five years in new text end 73.10 new text begin which to comply with this section. new text end 73.11    Sec. 31. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read: 73.12    Subdivision 1. Application. Applications for plumber's license shall be made to the 73.13state commissioner of health new text begin labor and industry new text end , with fee. Unless the applicant is entitled 73.14to a renewal, the applicant shall be licensed by the state commissioner of health new text begin labor and new text end 73.15 new text begin industry new text end only after passing a satisfactory examination new text begin administered new text end by the examiners new text begin new text end 73.16 new text begin commissioner of labor and industry, based upon rules adopted by the Plumbing Board new text end 73.17showing fitness. Examination fees for both journeyman and master plumbers shall be in 73.18an amount prescribed by the state commissioner of health new text begin labor and industry new text end pursuant to 73.19section 144.122. Upon being notified that of having successfully passed the examination 73.20for original license the applicant shall submit an application, with the license fee herein 73.21provided. License fees shall be in an amount prescribed by the state commissioner of 73.22health new text begin labor and industry new text end pursuant to section 144.122. Licenses shall expire and be 73.23renewed as prescribed by the commissioner pursuant to section 144.122. 73.24    Sec. 32. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read: 73.25    Subd. 2. Regulatory authority; tough person contests. All tough person contests, 73.26including amateur tough person contests, are subject to this chapter. new text begin All tough person new text end 73.27 new text begin contests are subject to American Boxing Commission (ABC) rules. Every contestant new text end 73.28 new text begin in a tough person contest shall have a physical examination prior to their bouts. new text end Every 73.29contestant in a tough person contest shall wear padded gloves that weigh at least 12 73.30ounces. new text begin All tough person bouts are limited to two-minute rounds and a maximum of four new text end 73.31 new text begin total rounds. Officials at tough person bouts shall be licensed under this chapter. new text end 73.32    Sec. 33. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision 73.33to read: 74.1     new text begin Subd. 3. new text end new text begin Regulatory authority; similar sporting events. new text end new text begin All mixed martial arts, new text end 74.2 new text begin ultimate fight contests, and similar sporting events are subject to this chapter. new text end 74.3    Sec. 34. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read: 74.4    Subd. 2. Expiration and renewal. A license expires December 31 at midnight in 74.5the year of its issuance new text begin issued after the effective date of this act is valid for one year from new text end 74.6 new text begin the date it is issued new text end and may be renewed by filing an application for renewal with the 74.7commission and payment of the license fee. An application for a license and renewal of a 74.8license must be on a form provided by the commission. There is a 30-day grace period 74.9during which a license may be renewed if a late filing penalty fee equal to the license fee 74.10is submitted with the regular license fee. A licensee that files late shall not conduct any 74.11activity regulated by this chapter until the commission has renewed the license. If the 74.12licensee fails to apply to the commission within the 30-day grace period, the licensee must 74.13apply for a new license under subdivision 1. 74.14    Sec. 35. Minnesota Statutes 2006, section 341.321, is amended to read: 74.15341.321 FEE SCHEDULE. 74.16     new text begin (a) new text end The fee schedule for licenses issued by the Minnesota Boxing Commission 74.17is as follows: 74.18    (1) referees, $35 new text begin $45 new text end for each initial license and each renewal; 74.19    (2) promoters, $400 for each initial license and each renewal; 74.20    (3) judges new text begin and knockdown judges new text end , $25 new text begin $45 new text end for each initial license and each renewal; 74.21    (4) trainers, $35 new text begin $45 new text end for each initial license and each renewal; 74.22    (5) ring announcers, $25 new text begin $45 new text end for each initial license and each renewal; 74.23    (6) boxers' seconds, $25 new text begin $45 new text end for each initial license and each renewal; 74.24    (7) timekeepers, $25 new text begin $45 new text end for each initial license and each renewal; and 74.25    (8) boxers, $35 new text begin $45 new text end for each initial license and each renewal. new text begin ; new text end 74.26     new text begin (9) managers, $45 for each initial license and each renewal; and new text end 74.27     new text begin (10) ringside physicians, $45 for each initial license and each renewal. new text end 74.28     new text begin (b) The commission shall establish and assess an event fee for each sporting event. new text end 74.29 new text begin The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as new text end 74.30 new text begin determined by the commission when the sporting event is scheduled. new text end 74.31     new text begin (c) new text end All fees collected by the Minnesota Boxing Commission must be deposited in 74.32the Boxing Commission account in the special revenue fund. 74.33    Sec. 36. new text begin REPEALER. new text end 75.1 new text begin Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, new text end new text begin are new text end 75.2 new text begin repealed. new text end 75.3 new text begin EFFECTIVE DATE. new text end new text begin Sections 176.042 and 286.035, subdivision 9, are repealed new text end 75.4 new text begin effective January 1, 2009. new text end 75.5ARTICLE 5 75.6HIGH PRESSURE PIPING 75.7    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read: 75.8326.46 SUPERVISION OF HIGH PRESSURE PIPING. 75.9    The Department of Labor and Industry shall supervise all high pressure piping 75.10used on all projects in this state, and may prescribe minimum standards which shall be 75.11uniform new text begin under rules adopted by the board new text end . 75.12    The department shall employ inspectors and other assistants to carry out the 75.13provisions of sections 326.46 to 326.52. 75.14    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 75.15to read: 75.16     new text begin Subd. 1a. new text end new text begin Board. new text end new text begin "Board" means the Board of High Pressure Piping Systems. new text end 75.17    Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read: 75.18    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance, 75.19provide for the inspection of high pressure piping system materials and construction, and 75.20provide that it shall not be constructed or installed except in accordance with minimum 75.21state standards. The authority designated by the ordinance for issuing high pressure piping 75.22permits and assuring compliance with state standards must report to the Department of 75.23Labor and Industry all violations of state high pressure piping standards. 75.24    A municipality may not adopt an ordinance with high pressure piping standards that 75.25does not conform to the uniform standards prescribed by the Department of Labor and 75.26Industry new text begin board new text end . The Department of Labor and Industry new text begin board new text end shall specify by rule the 75.27minimum qualifications for municipal inspectors. 75.28    Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read: 75.29    Subd. 6. Filing and inspection fees. The Department of Labor and Industry 75.30must charge a filing fee set by the commissioner new text begin board new text end under section 16A.1285 for all 75.31applications for permits to construct or install high pressure piping systems. The fee for 76.1inspection of high pressure piping system construction or installation shall be set by the 76.2commissioner new text begin in consultation with the board new text end under section 16A.1285. This subdivision 76.3does not apply where a permit is issued by a municipality complying with subdivision 2. 76.4    Sec. 5. new text begin [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS. new text end 76.5     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Board of High Pressure Piping Systems shall new text end 76.6 new text begin consist of 12 members who must be residents of the state, appointed by the governor, and new text end 76.7 new text begin confirmed by the senate. The commissioner of the Department of Labor and Industry or new text end 76.8 new text begin the commissioner's designee shall be a voting member. The first appointed board members new text end 76.9 new text begin shall serve an initial term of four years, except where designated otherwise. The governor new text end 76.10 new text begin shall then reappoint the current members or appoint replacement members, all or in part, to new text end 76.11 new text begin subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion new text end 76.12 new text begin of the term. Vacancies occurring with less than six months time remaining in the term new text end 76.13 new text begin shall be filled for the existing term and the following three-year term. Of the 11 appointed new text end 76.14 new text begin members, the composition shall be as follows: new text end 76.15     new text begin (1) one member shall be a high pressure piping inspector; new text end 76.16     new text begin (2) one member shall be a licensed mechanical engineer; new text end 76.17     new text begin (3) one member shall be a representative of the piping industry; new text end 76.18     new text begin (4) four members shall be high pressure piping contractors or their representatives, new text end 76.19 new text begin engaged in the scope of high pressure piping, two from the metro area and two from new text end 76.20 new text begin greater Minnesota; new text end 76.21     new text begin (5) two members shall be high pressure piping journeypersons engaged in the scope new text end 76.22 new text begin of high pressure piping systems installation, one from the metro area and one from greater new text end 76.23 new text begin Minnesota; and new text end 76.24     new text begin (6) two members shall be representatives from utility companies in Minnesota new text end 76.25 new text begin who shall serve an initial term of two years. new text end 76.26     new text begin (b) Except for the licensed mechanical engineer and the members from utilities new text end 76.27 new text begin companies, all persons appointed to the board must possess a current license or new text end 76.28 new text begin competency credential required for contractors and persons engaged in the design, new text end 76.29 new text begin installation, alteration, and inspection of high pressure piping systems. new text end 76.30     new text begin Subd. 2. new text end new text begin Powers. new text end new text begin (a) The board shall have the power to: new text end 76.31     new text begin (1) elect its chair; new text end 76.32     new text begin (2) specify the high pressure piping code that must be followed in Minnesota; new text end 76.33     new text begin (3) maintain an appeals committee to make determinations regarding any complaints, new text end 76.34 new text begin code amendments, code compliance, and code clarifications filed with the board; new text end 77.1     new text begin (4) adopt rules necessary for the regulation and licensing of contractors, new text end 77.2 new text begin journeypersons, trainees, and persons engaged in the design, installation, alteration, and new text end 77.3 new text begin inspection of high pressure piping systems, except for persons licensed under sections new text end 77.4 new text begin 326.02 to 326.15; new text end 77.5     new text begin (5) adopt rules necessary for continuing education for individuals regulated and new text end 77.6 new text begin licensed under this section; and new text end 77.7     new text begin (6) pay expenses deemed necessary in the performance of board duties, including: new text end 77.8     new text begin (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18, new text end 77.9 new text begin subdivision 2; and new text end 77.10     new text begin (ii) per diem and expenses for its members as provided in section 15.0575, new text end 77.11 new text begin subdivision 3. new text end 77.12     new text begin (b) Complaints filed under this section may originate with high pressure piping new text end 77.13 new text begin inspectors, contractors, or their employees, or other persons engaged in the design, new text end 77.14 new text begin installation, and alteration of a high pressure piping system. The board shall make their new text end 77.15 new text begin findings known to all parties and the commissioner of the Department of Labor and new text end 77.16 new text begin Industry within the time period specified by the board. new text end 77.17     new text begin Subd. 3. new text end new text begin Fee and finances. new text end new text begin The board shall submit an annual budget to the new text end 77.18 new text begin commissioner of the Department of Labor and Industry. The commissioner shall collect new text end 77.19 new text begin fees under section 326.47, subdivision 6, necessary for the operation and continuance of new text end 77.20 new text begin the board. The commissioner is responsible for the enforcement of the codes and licensing new text end 77.21 new text begin requirements determined by the board. The board shall recommend the fees for licenses new text end 77.22 new text begin and certification under this section and for all high pressure piping system permits and new text end 77.23 new text begin submit the fee structure to the commissioner of labor and industry. The commissioner new text end 77.24 new text begin of finance shall make a quarterly certification of the amount necessary to pay expenses new text end 77.25 new text begin required for operation of the board under subdivision 2, paragraph (a), clause (6). The new text end 77.26 new text begin certified amount is appropriated in fiscal years 2008 and 2009 to the board for those new text end 77.27 new text begin purposes from the fees collected under section 326.50. new text end 77.28    Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read: 77.29    Subdivision 1. License required; rules; time credit. No person shall engage in 77.30or work at the business of a contracting pipefitter unless issued an individual contracting 77.31pipefitter license to do so by the Department of Labor and Industry new text begin under rules prescribed new text end 77.32 new text begin by the board new text end . No license shall be required for repairs on existing installations. No 77.33person shall engage in or work at the business of journeyman pipefitter unless issued an 77.34individual journeyman pipefitter competency license to do so by the Department of Labor 78.1and Industry new text begin under rules prescribed by the board new text end . A person possessing an individual 78.2contracting pipefitter competency license may also work as a journeyman pipefitter. 78.3    No person, partnership, firm, or corporation shall install high pressure piping, nor 78.4install high pressure piping in connection with the dealing in and selling of high pressure 78.5pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter 78.6individual competency license or a journeyman pipefitter individual competency license is 78.7responsible for the high pressure pipefitting work conducted by the person, partnership, 78.8firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules. 78.9    The Department of Labor and Industry new text begin board new text end shall prescribe rules, not inconsistent 78.10herewith, for the examination and individual competency licensing of contracting 78.11pipefitters and journeyman pipefitters and for issuance of permits by the department and 78.12municipalities for the installation of high pressure piping. 78.13    An employee performing the duties of inspector for the Department of Labor and 78.14Industry in regulating pipefitting shall not receive time credit for the inspection duties 78.15when making an application for a license required by this section. 78.16    Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read: 78.17    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 78.18for high pressure piping work, a person, partnership, firm, or corporation must obtain or 78.19utilize a business with a high pressure piping business license. 78.20    A person, partnership, firm, or corporation must have at all times as a full-time 78.21employee at least one individual holding an individual contracting pipefitter competency 78.22license. Only full-time employees who hold individual contracting pipefitter licenses 78.23are authorized to obtain high pressure piping permits in the name of the business. The 78.24individual contracting pipefitter competency license holder can be the employee of only 78.25one high pressure piping business at a time. 78.26    To retain its business license without reapplication, a person, partnership, firm, or 78.27corporation holding a high pressure piping business license that ceases to employ a person 78.28holding an individual contracting pipefitter competency license shall have 60 days from 78.29the last day of employment of its previous individual contracting pipefitter competency 78.30license holder to employ another license holder. The Department of Labor and Industry 78.31must be notified no later than five days after the last day of employment of the previous 78.32license holder. 78.33    No high pressure pipefitting work may be performed during any period when the 78.34high pressure pipefitting business does not have an individual contracting pipefitter 79.1competency license holder on staff. If a license holder is not employed within 60 days, 79.2the pipefitting business license shall lapse. 79.3    The Department of Labor and Industry new text begin board new text end shall prescribe by rule procedures for 79.4application for and issuance of business licenses and fees. 79.5    Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision 79.6to read: 79.7     new text begin Subd. 6. new text end new text begin Reciprocity with other states. new text end new text begin The commissioner may issue a temporary new text end 79.8 new text begin license without examination, upon payment of the required fee, nonresident applicants new text end 79.9 new text begin who are licensed under the laws of a state having standards for licensing which the new text end 79.10 new text begin commissioner determines are substantially equivalent to the standards of this state if new text end 79.11 new text begin the other state grants similar privileges to Minnesota residents duly licensed in this new text end 79.12 new text begin state. Applicants who receive a temporary license under this section may acquire an new text end 79.13 new text begin aggregate of 24 months of experience before they have to apply and pass the licensing new text end 79.14 new text begin examination. Applicants must register with the commissioner of labor and industry and new text end 79.15 new text begin the commissioner shall set a fee for a temporary license. Applicants have five years in new text end 79.16 new text begin which to comply with this section. new text end 79.17    Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read: 79.18326.50 APPLICATION; FEES. 79.19    Application for an individual contracting pipefitter competency or an individual 79.20journeyman pipefitter competency license shall be made to the Department of Labor and 79.21Industry, with fees. The applicant shall be licensed only after passing an examination new text begin new text end 79.22 new text begin administered new text end by the Department of Labor and Industry new text begin in accordance with rules adopted new text end 79.23 new text begin by the board new text end . 79.24    Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read: 79.25326.51 DEPARTMENT MAY REVOKE LICENSES. 79.26    The department new text begin board new text end may revoke or suspend, for cause, any license obtained 79.27through error or fraud, or if the licensee is shown to be incompetent, or for a violation 79.28of any of its rules and regulations applicable to high pressure pipefitting work. The 79.29licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing 79.30on at least ten days' notice, with the right to produce testimony. The hearing shall be 79.31held pursuant to chapter 14. The commissioner new text begin board new text end shall issue a final order based on 79.32testimony and the record at hearing. One year from the date of revocation application 79.33may be made for a new license. 80.1    Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read: 80.2326.52 DEPOSIT OF FEES. 80.3    All fees received under sections 326.46 to 326.52 shall be deposited by the 80.4Department of Labor and Industry to the credit of the general fund in the state treasury. 80.5The salaries and per diem of the inspectors and examiners hereinbefore provided, their 80.6expenses, and all incidental expenses of the department new text begin and board new text end in carrying out the 80.7provisions of sections 326.46 to 326.52 shall be paid from the appropriations made to the 80.8Department of Labor and Industry. The commissioner new text begin in consultation with the board new text end by 80.9rule shall set the amount of the fees at a level that approximates, to the greatest extent 80.10possible, the salaries, per diem, and incidental expenses of the department. 80.11    Sec. 12. new text begin TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING new text end 80.12 new text begin SYSTEMS. new text end 80.13     new text begin The authority of the commissioner of labor and industry to adopt rules relating to new text end 80.14 new text begin high pressure piping systems is transferred to the Board of High Pressure Piping Systems. new text end 80.15 new text begin Licenses and permits currently in effect remain in effect according to their terms unless new text end 80.16 new text begin affected by board action. Rules adopted by the commissioner of labor and industry remain new text end 80.17 new text begin in effect until amended or repealed by the board. The commissioner of administration new text end 80.18 new text begin may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of new text end 80.19 new text begin authority in this act. new text end 80.20    Sec. 13. new text begin FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH new text end 80.21 new text begin PRESSURE PIPING SYSTEMS. new text end 80.22     new text begin The governor must complete the appointments required by Minnesota Statutes, new text end 80.23 new text begin section 326.471, no later than July 1, 2007. The commissioner of labor and industry new text end 80.24 new text begin shall convene the first meeting of the Board of High Pressure Piping Systems no later new text end 80.25 new text begin than September 1, 2007. new text end 80.26ARTICLE 6 80.27IRON RANGE RESOURCES AND REHABILITATION BOARD 80.28    Section 1. Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read: 80.29    Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby 80.30created the Iron Range Resources and Rehabilitation Board, consisting of 13 new text begin ten new text end members, 80.31five of whom are state senators appointed by the Subcommittee on Committees of the 80.32Rules Committee of the senate, and five of whom are representatives, appointed by the 80.33speaker of the house of representatives. The remaining members shall be appointed one 81.1each by the senate majority leader, the speaker of the house of representatives, and the 81.2governor and must be nonlegislators who reside in a taconite assistance area as defined in 81.3section . The members shall be appointed in January of every odd-numbered 81.4year, except that the initial nonlegislator members shall be appointed by July 1, 1999, and 81.5shall serve until January of the next odd-numbered year. Vacancies on the board shall be 81.6filled in the same manner as the original members were chosen. At least a majority of 81.7the legislative members of the board shall be elected from state senatorial or legislative 81.8districts in which over 50 percent of the residents reside within a taconite assistance area 81.9as defined in section 273.1341. All expenditures and projects made by the commissioner 81.10of Iron Range resources and rehabilitation shall be consistent with the priorities 81.11established in subdivision 8 and shall first be submitted to the Iron Range Resources and 81.12Rehabilitation Board for approval by a majority of the board of expenditures and projects 81.13for rehabilitation purposes as provided by this section, and the method, manner, and time 81.14of payment of all funds proposed to be disbursed shall be first approved or disapproved by 81.15the board. The board shall biennially make its report to the governor and the legislature on 81.16or before November 15 of each even-numbered year. The expenses of the board shall be 81.17paid by the state from the funds raised pursuant to this section. 81.18    Sec. 2. Minnesota Statutes 2006, section 298.227, is amended to read: 81.19298.227 TACONITE ECONOMIC DEVELOPMENT FUND. 81.20    An amount equal to that distributed pursuant to each taconite producer's taxable 81.21production and qualifying sales under section 298.28, subdivision 9a, shall be held by 81.22the Iron Range Resources and Rehabilitation Board in a separate taconite economic 81.23development fund for each taconite and direct reduced ore producer. Money from the 81.24fund for each producer shall be released by the commissioner after review by a joint 81.25committee consisting of an equal number of representatives of the salaried employees and 81.26the nonsalaried production and maintenance employees of that producer. The District 11 81.27director of the United States Steelworkers of America, on advice of each local employee 81.28president, shall select the employee members. In nonorganized operations, the employee 81.29committee shall be elected by the nonsalaried production and maintenance employees. 81.30The review must be completed no later than six months after the producer presents a 81.31proposal for expenditure of the funds to the committee. The funds held pursuant to this 81.32section may be released only for acquisition of new text begin plant and stationary mining new text end equipment 81.33and facilities for the producer or for research and development in Minnesota on new 81.34mining, or taconite, iron, or steel production technology, but only if the producer provides 81.35a matching expenditure to be used for the same purpose of at least 50 percent of the 82.1distribution based on 14.7 cents per ton beginning with distributions in 2002. new text begin Effective for new text end 82.2 new text begin proposals for expenditures of money from the fund approved beginning the day following new text end 82.3 new text begin final enactment, the commissioner may release the funds only if the proposed expenditure new text end 82.4 new text begin is approved by a majority of the members of the Iron Range Resources and Rehabilitation new text end 82.5 new text begin Board. new text end If a producer uses money new text begin which has been released new text end from the fund new text begin prior to the day new text end 82.6 new text begin following final enactment new text end to procure haulage trucks, mobile equipment, or mining shovels, 82.7and the producer removes the piece of equipment from the taconite tax relief area defined 82.8in section 273.134 within ten years from the date of receipt of the money from the fund, 82.9a portion of the money granted from the fund must be repaid to the taconite economic 82.10development fund. The portion of the money to be repaid is 100 percent of the grant if the 82.11equipment is removed from the taconite tax relief area within 12 months after receipt of 82.12the money from the fund, declining by ten percent for each of the subsequent nine years 82.13during which the equipment remains within the taconite tax relief area. If a taconite 82.14production facility is sold after operations at the facility had ceased, any money remaining 82.15in the fund for the former producer may be released to the purchaser of the facility on 82.16the terms otherwise applicable to the former producer under this section. If a producer 82.17fails to provide matching funds for a proposed expenditure within six months after the 82.18commissioner approves release of the funds, the funds are available for release to another 82.19producer in proportion to the distribution provided and under the conditions of this section. 82.20Any portion of the fund which is not released by the commissioner within two years of its 82.21deposit in the fund shall be divided between the taconite environmental protection fund 82.22created in section 298.223 and the Douglas J. Johnson economic protection trust fund 82.23created in section 298.292 for placement in their respective special accounts. Two-thirds 82.24of the unreleased funds shall be distributed to the taconite environmental protection fund 82.25and one-third to the Douglas J. Johnson economic protection trust fund. 82.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for proposals for expenditures of new text end 82.27 new text begin money from the fund the day following final enactment. new text end 82.28    Sec. 3. new text begin APPROPRIATION; IRON RANGE RESOURCES AND new text end 82.29 new text begin REHABILITATION BOARD. new text end 82.30     new text begin (a) $500,000 is appropriated from the Iron Range Resources and Rehabilitation new text end 82.31 new text begin Board fund for fiscal year 2008 for allocation in this section: new text end 82.32     new text begin (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other new text end 82.33 new text begin infrastructure to a peat project in Spencer Township in Aitkin County; new text end 83.1     new text begin (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham new text end 83.2 new text begin Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent new text end 83.3 new text begin endowment for the preservation; new text end 83.4     new text begin (3) $150,000 is for a grant to the Iron Range youth in action program to assist the new text end 83.5 new text begin organization to employ youth for the construction of community centers; and new text end 83.6     new text begin (4) $50,000 is for a grant to the Iron Range retriever club for pond and field new text end 83.7 new text begin construction. new text end 83.8     new text begin (b) $120,000 is appropriated from the general fund for payment to the city of Eveleth new text end 83.9 new text begin to be used for the support of the Hockey Hall of Fame Museum provided that it continues new text end 83.10 new text begin to operate in the city, which payment is in addition to and must not be used to supplant new text end 83.11 new text begin funding under section 298.28, subdivision 9c. new text end 83.12     new text begin These are onetime appropriations. new text end 83.13    Sec. 4. new text begin IRRRB BUILDING. new text end 83.14     new text begin The Iron Range Resources and Rehabilitation Board office building in Eveleth, new text end 83.15 new text begin Minnesota is designated and named the Joe Begich Building and shall be signed as such new text end 83.16 new text begin at every entrance. new text end 83.17ARTICLE 7 83.18ELECTRICAL 83.19    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read: 83.20    Subd. 6g. Personal new text begin direct new text end supervision. The term "personal new text begin "Direct new text end supervision" 83.21means that a person licensed to perform electrical work oversees and directs the electrical 83.22work performed by an unlicensed person such that: 83.23    (1) the licensed person actually reviews the electrical work performed by the 83.24unlicensed person new text begin an unlicensed individual is being supervised by an individual licensed new text end 83.25 new text begin to perform the electrical work being supervised new text end ; 83.26    (2) new text begin during the entire working day of the unlicensed individual, the licensed new text end 83.27 new text begin individual is physically present at the location where the unlicensed individual is new text end 83.28 new text begin preforming electrical work and immediately available to the unlicensed individual; new text end 83.29     new text begin (3) new text end the licensed person new text begin individual new text end is new text begin physically present and new text end immediately available to 83.30the unlicensed person new text begin individual new text end at all times for assistance and direction; and 83.31     new text begin (4) electronic supervision does not meet the requirement of physically present and new text end 83.32 new text begin immediately available; new text end 83.33     new text begin (5) the licensed individual shall review the electrical work performed by the new text end 83.34 new text begin unlicensed individual before the electrical work is operated; and new text end 84.1    (3) new text begin (6) new text end the licensed person new text begin individual new text end is able to and does determine that all electrical 84.2work performed by the unlicensed person new text begin individual new text end is performed in compliance with 84.3section 326.243. 84.4    The licensed person new text begin individual new text end is responsible for the compliance with section 84.5326.243 of all electrical work performed by the unlicensed person new text begin individual new text end . 84.6    Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read: 84.7    Subdivision 1. Composition. new text begin (a) new text end The Board of Electricity shall consist of 11 new text begin 12 new text end 84.8members, residents of the state, appointed by the governor of whom new text begin and confirmed by new text end 84.9 new text begin the senate. The commissioner of labor and industry or the commissioner's designee shall new text end 84.10 new text begin be a nonvoting member. The first appointed board members shall serve an initial term new text end 84.11 new text begin of four years, except where designated otherwise. The governor shall then reappoint the new text end 84.12 new text begin current members or appoint replacement members, all or in part, to subsequent three-year new text end 84.13 new text begin terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies new text end 84.14 new text begin occurring with less than six months time remaining in the term shall be filled for the new text end 84.15 new text begin existing term and the following three-year term. Of the 11 appointed members, the new text end 84.16 new text begin composition shall be as follows: new text end 84.17     new text begin (1) new text end two shall be representatives of the electrical suppliers in the rural areas of the 84.18state, 84.19     new text begin (2) new text end two shall be master electricians, who shall be contractors, 84.20     new text begin (3) new text end two journeyman electricians, 84.21     new text begin (4) new text end one registered consulting electrical engineer, 84.22     new text begin (5) new text end two power limited technicians, who shall be technology system contractors 84.23primarily engaged in the business of installing technology circuits or systems, and 84.24     new text begin (6) new text end two public members as defined by section 214.02. 84.25     new text begin (b) Except as provided herein, new text end membership terms, compensation of members, 84.26removal of members, the filling of membership vacancies, and fiscal year and reporting 84.27requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, 84.28administrative services and office space; the review and processing of complaints; the 84.29setting of board fees; and other provisions relating to board operations shall be as provided 84.30in chapter 214. 84.31    Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read: 84.32    Subd. 2. Powers. new text begin (a) new text end The board, or the complaint committee on behalf of the board 84.33where authorized by law, shall have power to: 84.34    (1) Elect its own officers. 85.1    (2) Engage and fix the compensation of inspectors, and hire employees. The salary 85.2of the executive secretary shall be established pursuant to chapter 43A. All agents and 85.3employees other than contract inspectors shall be in the classified service and shall be 85.4compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or 85.5journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall give 85.6bond in an amount fixed by the board, conditioned upon the faithful performance of 85.7their duties. 85.8    (3) new text begin (2) new text end Pay such other expenses as it may deem necessary in the performance of its 85.9duties, including rent, supplies, and such like. 85.10     new text begin (3) Select from its members individuals to serve on any other state advisory councils, new text end 85.11 new text begin boards, or committees. new text end 85.12    (4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon 85.13request, such additional voluntary inspections and reviews as it may deem appropriate. 85.14    (5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses, 85.15censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive 85.16relief and civil penalties in court as authorized by section and other provisions of 85.17Minnesota law. new text begin Establish the committees required herein and any others deemed necessary new text end 85.18 new text begin by the board or requested by the commissioner. new text end 85.19    (6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248 85.20and to provide for the amount and collection of fees for inspection and other services. All 85.21rules shall be adopted in accordance with chapter 14. 85.22     new text begin (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as new text end 85.23 new text begin requested by the commissioner. new text end 85.24     new text begin (b) Except for the powers granted to the Electricity Board the commissioner of labor new text end 85.25 new text begin and industry shall administer the provisions of sections 326.241 to 326.248 and for such new text end 85.26 new text begin purposes may employ electrical inspectors and other assistants. new text end 85.27    Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read: 85.28    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no 85.29person shall install, alter, repair, plan, lay out, or supervise the installing, altering, or 85.30repairing of electrical wiring, apparatus, or equipment for technology circuits or systems 85.31unless: 85.32    (1) the person is licensed by the board as a power limited technician; and 85.33    (2) the electrical work is: 85.34    (i) for a licensed contractor and the person is an employee, partner, or officer of, 85.35or is the licensed contractor; or 86.1    (ii) performed under the supervision of a master electrician or power limited 86.2technician also employed by the person's employer on technology circuits, systems, 86.3apparatus, equipment, or facilities owned or leased by the employer that are located within 86.4the limits of property owned or leased, operated, and maintained by the employer. 86.5    (b) An applicant for a power limited technician's license shall (1) be a graduate of a 86.6four-year electrical course in an accredited college or university; or (2) have had at least 36 86.7months' experience, acceptable to the board, in planning for, laying out, supervising, and 86.8installing wiring, apparatus, or equipment for power limited systems, provided however, 86.9that the board may by rule provide for the allowance of up to 12 months (2,000 hours) 86.10of experience credit for successful completion of a two-year post high school electrical 86.11course or other technical training approved by the board. 86.12    (c) The board may initially set experience requirements without rulemaking, but 86.13must adopt rules before July 1, 2004. 86.14    (d) Licensees must attain eight hours of continuing education acceptable to the 86.15board every renewal period. 86.16    (e) A person who has submitted an application by June 30, 2003, to take the alarm 86.17and communications examination administered by the board, and who has achieved a 86.18minimal score of 70 percent on the examination by September 30, 2003, may obtain a 86.19power limited technician license without further examination by submitting an application 86.20and a license fee of $30. 86.21    (f) A company holding an alarm and communication license as of June 30, 2003, 86.22may designate one person who may obtain a power limited technician license without 86.23passing an examination administered by the board by submitting an application and 86.24license fee of $30. 86.25    (g) A person who has submitted an application by September 30, 2005 new text begin December new text end 86.26 new text begin 31, 2007 new text end , to take the power limited technician examination administered by the board new text begin new text end 86.27 new text begin department new text end is not required to meet the qualifications set forth in paragraph (b). 86.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 86.29    Sec. 5. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read: 86.30    Subd. 5. Unlicensed persons new text begin individuals new text end . (a) An unlicensed person new text begin individual new text end 86.31 new text begin means an individual who has not been licensed by the Board of Electricity as a Class A new text end 86.32 new text begin master electrician or as a Class A journeyman electrician. An unlicensed individual new text end shall 86.33not perform electrical work new text begin required to be performed by a licensed individual new text end unless new text begin the new text end 86.34 new text begin individual has first registered with the Board of Electricity as an unlicensed individual. new text end 86.35 new text begin Thereafter, an unlicensed individual shall not perform electrical work required to be new text end 87.1 new text begin performed by a licensed individual unless new text end the work is performed under the personal new text begin direct new text end 87.2supervision of a person new text begin an individual new text end actually licensed to perform such work and new text begin . new text end The 87.3licensed electrician new text begin individual new text end and unlicensed persons are new text begin individual must be new text end employed 87.4by the same employer. Licensed persons new text begin individuals new text end shall not permit unlicensed persons new text begin new text end 87.5 new text begin individuals new text end to perform electrical work except under the personal new text begin direct new text end supervision of 87.6a person new text begin an individual new text end actually licensed to perform such work. Unlicensed persons new text begin new text end 87.7 new text begin individuals new text end shall not supervise the performance of electrical work or make assignments 87.8of electrical work to unlicensed persons new text begin individuals new text end . Except for technology circuit or 87.9system work, licensed persons new text begin individuals new text end shall supervise no more than two unlicensed 87.10persons new text begin individuals new text end . For technology circuit or system work, licensed persons new text begin individuals new text end 87.11shall supervise no more than three unlicensed persons new text begin individuals new text end . 87.12    (b) Notwithstanding any other provision of this section, no person new text begin individual new text end other 87.13than a master electrician or power limited technician shall plan or lay out electrical wiring, 87.14apparatus, or equipment for light, heat, power, or other purposes, except circuits or 87.15systems exempted from personal licensing by subdivision 12, paragraph (b). 87.16    (c) Contractors employing unlicensed persons performing new text begin individuals to perform new text end 87.17electrical work shall maintain records establishing compliance with this subdivision, 87.18which new text begin that new text end shall designate new text begin identify new text end all unlicensed persons new text begin individuals new text end performing electrical 87.19work, except for persons working on circuits or systems exempted from personal licensing 87.20by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such 87.21records as provided for in section 326.244, subdivision 6. 87.22     new text begin (d) When a licensed individual supervises the electrical work of an unlicensed new text end 87.23 new text begin individual, the licensed individual is responsible for ensuring that the electrical work new text end 87.24 new text begin complies with sections 326.241 to 326.248 and rules adopted. new text end 87.25    Sec. 6. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision 87.26to read: 87.27     new text begin Subd. 5a. new text end new text begin Registration of unlicensed individuals. new text end new text begin Unlicensed individuals new text end 87.28 new text begin performing electrical work for a contractor or employer shall register with the department new text end 87.29 new text begin in the manner prescribed by the commissioner. Experience credit for electrical work new text end 87.30 new text begin performed after January 1, 2008, by an applicant for a license identified in this section new text end 87.31 new text begin shall not be granted where the applicant has not registered with or is not licensed by new text end 87.32 new text begin the department. new text end 87.33    Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read: 88.1    Subd. 11. Reciprocity. To the extent that any other state which provides for the 88.2licensing of electricians provides for similar action the board may grant licenses, without 88.3examination, of the same grade and class to an electrician who has been licensed by such 88.4other state for at least one year, upon payment by the applicant of the required fee and 88.5upon the board being furnished with proof that the required fee and upon the board being 88.6furnished with proof that the qualifications of the applicant are equal to the qualifications 88.7of holders of similar licenses in Minnesota. new text begin The commissioner may enter into reciprocity new text end 88.8 new text begin agreements for personal licenses with another state if approved by the board. Once new text end 88.9 new text begin approved by the board, the commissioner may issue a personal license without requiring new text end 88.10 new text begin the applicant to pass an examination provided the applicant: new text end 88.11     new text begin (a) submits an application under section 326.242; new text end 88.12     new text begin (b) pays the fee required under section 326.242; and new text end 88.13     new text begin (c) holds a valid comparable license in the state participating in the agreement. new text end 88.14     new text begin Agreements are subject to the following: new text end 88.15     new text begin (1) The parties to the agreement must administer a statewide licensing program that new text end 88.16 new text begin includes examination and qualifying experience or training comparable to Minnesota's. new text end 88.17     new text begin (2) The experience and training requirements under which an individual applicant new text end 88.18 new text begin qualified for examination in the qualifying state must be deemed equal to or greater than new text end 88.19 new text begin required for an applicant making application in Minnesota at the time the applicant new text end 88.20 new text begin acquired the license in the qualifying state. new text end 88.21     new text begin (3) The applicant must have acquired the license in the qualifying state through an new text end 88.22 new text begin examination deemed equivalent to the same class of license examination in Minnesota. new text end 88.23 new text begin A lesser class of license may be granted where the applicant has acquired a greater new text end 88.24 new text begin class of license in the qualifying state and the applicant otherwise meets the conditions new text end 88.25 new text begin of this subdivision. new text end 88.26     new text begin (4) At the time of application, the applicant must hold a valid license in the new text end 88.27 new text begin qualifying state and have held the license continuously for at least one year before making new text end 88.28 new text begin application in Minnesota. new text end 88.29     new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant new text end 88.30 new text begin has failed the same or greater class of license examination in Minnesota, or if the new text end 88.31 new text begin applicant's license of the same or greater class has been revoked or suspended. new text end 88.32     new text begin (6) An applicant who has failed to renew a personal license for two years or more new text end 88.33 new text begin after its expiration is not eligible for a license under this subdivision. new text end 88.34    Sec. 8. new text begin REPEALER. new text end 89.1 new text begin Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision new text end 89.2 new text begin 4, new text end new text begin are repealed. new text end 89.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 89.4ARTICLE 8 89.5APPRENTICESHIP BOARD 89.6    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read: 89.7178.01 PURPOSES. 89.8    The purposes of this chapter are: to open to young people regardless of race, sex, 89.9creed, color or national origin, the opportunity to obtain training that will equip them for 89.10profitable employment and citizenship; to establish as a means to this end, a program 89.11of voluntary apprenticeship under approved apprentice agreements providing facilities 89.12for their training and guidance in the arts, skills, and crafts of industry and trade, with 89.13concurrent, supplementary instruction in related subjects; to promote employment 89.14opportunities under conditions providing adequate training and reasonable earnings; 89.15to relate the supply of skilled workers to employment demands; to establish standards 89.16for apprentice training; to establish an Apprenticeship Advisory Council new text begin Board new text end and 89.17apprenticeship committees to assist in effectuating the purposes of this chapter; to provide 89.18for a Division of Labor Standards and Apprenticeship within the Department of Labor 89.19and Industry; to provide for reports to the legislature regarding the status of apprentice 89.20training in the state; to establish a procedure for the determination of apprentice agreement 89.21controversies; and to accomplish related ends. 89.22    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read: 89.23178.02 APPRENTICESHIP ADVISORY COUNCIL new text begin BOARD new text end . 89.24    Subdivision 1. Members. The commissioner of labor and industry, hereinafter 89.25called the commissioner, shall appoint an Apprenticeship Advisory Council new text begin Board new text end , 89.26hereinafter referred to as the council new text begin board new text end , composed of three representatives each from 89.27employer and employee organizations, and two representatives of the general public. The 89.28director of education responsible for career and technical education or designee shall be an 89.29ex officio member of the council new text begin board new text end and shall serve in an advisory capacity only. 89.30    Subd. 2. Terms. The council new text begin board new text end shall expire and the terms, compensation, and 89.31removal of appointed members shall be as provided in section 15.059, except that the 89.32council shall not expire before June 30, 2003. 90.1    Subd. 4. Duties. The council new text begin board new text end shall meet at the call of the commissioner. It 90.2shall propose occupational classifications for apprenticeship programs; propose minimum 90.3standards for apprenticeship programs and agreements; and advise on the establishment 90.4of such policies, procedures, and rules as the commissioner new text begin board new text end deems necessary in 90.5implementing the intent of this chapter. 90.6    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read: 90.7    Subd. 3. Duties and functions. The director, under the supervision of the 90.8commissioner, and with the advice new text begin and oversight new text end of the Apprenticeship Advisory 90.9Council new text begin Board new text end , is authorized: to administer the provisions of this chapter; to promote 90.10apprenticeship and other forms of on the job training; to establish, in cooperation new text begin and new text end 90.11 new text begin consultation new text end with the Apprenticeship Advisory Council new text begin Board new text end and with the apprenticeship 90.12committees, conditions and training standards for the approval of apprenticeship programs 90.13and agreements, which conditions and standards shall in no case be lower than those 90.14prescribed by this chapter; to promote equal employment opportunity in apprenticeship 90.15and other on the job training and to establish a Minnesota plan for equal employment 90.16opportunity in apprenticeship which shall be consistent with standards established 90.17under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of 90.18registration to sponsors of approved apprenticeship programs; to act as secretary of the 90.19Apprenticeship Advisory Council new text begin Board new text end ; to approve, if of the opinion that approval is 90.20for the best interest of the apprentice, any apprenticeship agreement which meets the 90.21standards established hereunder; to terminate any apprenticeship agreement in accordance 90.22with the provisions of such agreement; to keep a record of apprenticeship agreements and 90.23their disposition; to issue certificates of completion of apprenticeship; and to perform 90.24such other duties as the commissioner deems necessary to carry out the intent of this 90.25chapter; provided, that the administration and supervision of supplementary instruction in 90.26related subjects for apprentices; coordination of instruction on a concurrent basis with 90.27job experiences, and the selection and training of teachers and coordinators for such 90.28instruction shall be the function of state and local boards responsible for vocational 90.29education. The director shall have the authority to make wage determinations applicable 90.30to the graduated schedule of wages and journeyman wage rate for apprenticeship 90.31agreements, giving consideration to the existing wage rates prevailing throughout the 90.32state, except that no wage determination by the director shall alter an existing wage 90.33provision for apprentices or journeymen that is contained in a bargaining agreement in 90.34effect between an employer and an organization of employees, nor shall the director 91.1make any determination for the beginning rate for an apprentice that is below the wage 91.2minimum established by federal or state law. 91.3    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read: 91.4    Subdivision 1. Rules. The commissioner may, upon receipt of the council's new text begin board's new text end 91.5proposals, accept, adopt, and issue them by rule with any modifications or amendments 91.6the commissioner finds appropriate. The commissioner may refer them back to the 91.7council new text begin board new text end with recommendations for further study, consideration and revision. new text begin If new text end 91.8 new text begin the commissioner refuses to accept, adopt, and issue by rule or other appropriate action new text end 91.9 new text begin a board proposal, the commissioner must provide a written explanation of the reason new text end 91.10 new text begin for the refusal to the board within 30 days after the board submitted the proposal to the new text end 91.11 new text begin commissioner. new text end Additional rules may be issued as the commissioner may deem necessary. 91.12ARTICLE 9 91.13MINNESOTA HERITAGE 91.14 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 91.15     new text begin The amounts shown in this section summarize direct appropriations by fund made new text end 91.16 new text begin in this article. new text end 91.17 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 91.18 new text begin General new text end new text begin $ new text end new text begin 51,175,000 new text end new text begin $ new text end new text begin 47,510,000 new text end new text begin $ new text end new text begin 98,685,000 new text end 91.19 new text begin Total new text end new text begin $ new text end new text begin 51,175,000 new text end new text begin $ new text end new text begin 47,510,000 new text end new text begin $ new text end new text begin 98,685,000 new text end 91.20 Sec. 2. new text begin MINNESOTA HERITAGE APPROPRIATIONS. new text end 91.21     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 91.22 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 91.23 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 91.24 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 91.25 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 91.26 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 91.27 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 91.28 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 91.29 new text begin APPROPRIATIONS new text end 91.30 new text begin Available for the Year new text end 91.31 new text begin Ending June 30 new text end 91.32 new text begin 2008 new text end new text begin 2009 new text end 91.33 Sec. 3. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin 11,669,000 new text end new text begin $ new text end new text begin 12,587,000 new text end 92.1 new text begin (a) To develop maximum private sector new text end 92.2 new text begin involvement in tourism, $1,000,000 the first new text end 92.3 new text begin year and $2,000,000 the second year must new text end 92.4 new text begin be matched by Explore Minnesota Tourism new text end 92.5 new text begin from nonstate sources. Each $1 of state new text end 92.6 new text begin incentive must be matched with $3 of private new text end 92.7 new text begin sector funding. Cash match is defined as new text end 92.8 new text begin revenue to the state or documented cash new text end 92.9 new text begin expenditures directly expended to support new text end 92.10 new text begin Explore Minnesota Tourism programs. Up new text end 92.11 new text begin to one-half of the private sector contribution new text end 92.12 new text begin may be in-kind or soft match. The incentive new text end 92.13 new text begin in the first year shall be based on fiscal new text end 92.14 new text begin year 2007 private sector contributions as new text end 92.15 new text begin prescribed in Laws 2005, First Special new text end 92.16 new text begin Session chapter 1, article 3, section 6. The new text end 92.17 new text begin incentive increase in the second year will new text end 92.18 new text begin be based on fiscal year 2008 private sector new text end 92.19 new text begin contributions. This incentive is ongoing. new text end 92.20 new text begin (b) Funding for the marketing grants is new text end 92.21 new text begin available either year of the biennium. new text end 92.22 new text begin Unexpended grant funds from the first year new text end 92.23 new text begin are available in the second year. new text end 92.24 new text begin (c) Any unexpended money from the general new text end 92.25 new text begin fund appropriations made under this section new text end 92.26 new text begin does not cancel but must be placed in a new text end 92.27 new text begin special marketing account for use by Explore new text end 92.28 new text begin Minnesota Tourism for additional marketing new text end 92.29 new text begin activities. new text end 92.30 new text begin (d) $250,000 the first year and $250,000 new text end 92.31 new text begin the second year are for operating costs of new text end 92.32 new text begin the Minnesota Film and TV Board. The new text end 92.33 new text begin appropriation in each year is available new text end 92.34 new text begin only upon receipt by the board of $1 in new text end 92.35 new text begin matching contributions of money or in-kind new text end 93.1 new text begin contributions from nonstate sources for every new text end 93.2 new text begin $3 provided by this appropriation. new text end 93.3 new text begin (e) $750,000 is appropriated each year for a new text end 93.4 new text begin grant to the Minnesota Film and TV Board new text end 93.5 new text begin for the film jobs production program under new text end 93.6 new text begin Minnesota Statutes, section 116U.26. Of new text end 93.7 new text begin this amount, up to $25,000 each year may new text end 93.8 new text begin be used for administration. The budget base new text end 93.9 new text begin for the film jobs production program shall be new text end 93.10 new text begin $500,000 in fiscal year 2010 and $500,000 in new text end 93.11 new text begin fiscal year 2011. new text end 93.12 new text begin (f) $150,000 the first year is for a onetime new text end 93.13 new text begin grant to St. Louis County to be used for new text end 93.14 new text begin feasibility studies and planning activities new text end 93.15 new text begin concerning additional uses for the St. Louis new text end 93.16 new text begin County Heritage and Arts Center at the new text end 93.17 new text begin Duluth depot. The studies and planning new text end 93.18 new text begin activities must include: new text end 93.19 new text begin (1) examining the costs and benefits of new text end 93.20 new text begin relocating the Northeast Minnesota Office of new text end 93.21 new text begin Tourism to the Duluth depot; new text end 93.22 new text begin (2) establishing a heritage tourism center at new text end 93.23 new text begin the Duluth depot; new text end 93.24 new text begin (3) developing a multimodal operational plan new text end 93.25 new text begin integrating railroad and bus service; and new text end 93.26 new text begin (4) identifying additional services and new text end 93.27 new text begin activities that would contribute toward new text end 93.28 new text begin returning the Duluth depot to being a new text end 93.29 new text begin working railroad station and cultural gateway new text end 93.30 new text begin to Duluth and St. Louis County. new text end 93.31 new text begin This appropriation is available until June 30, new text end 93.32 new text begin 2009. new text end 93.33 93.34 Sec. 4. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end 94.1 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 29,031,000 new text end new text begin $ new text end new text begin 24,441,000 new text end 94.2 new text begin The amounts that may be spent for each new text end 94.3 new text begin purpose are specified in the following new text end 94.4 new text begin subdivisions. new text end 94.5 new text begin $500,000 the first year and $500,000 the new text end 94.6 new text begin second year are for increased rent costs. This new text end 94.7 new text begin amount is added to the society's base budget. new text end 94.8 new text begin Subd. 2. new text end new text begin Education and Outreach new text end new text begin 17,307,000 new text end new text begin 13,765,000 new text end 94.9 new text begin (a) Of this amount, $1,700,000 the first year new text end 94.10 new text begin is a onetime appropriation for the Minnesota new text end 94.11 new text begin Sesquicentennial Commission. Of this new text end 94.12 new text begin appropriation, $750,000 is for competitive new text end 94.13 new text begin matching grants for local events and projects; new text end 94.14 new text begin $750,000 is for planning and support of new text end 94.15 new text begin statewide activities, and up to $200,000 may new text end 94.16 new text begin be used for administration. new text end 94.17 new text begin The Minnesota Historical Society, the State new text end 94.18 new text begin Arts Board, and Explore Minnesota Tourism new text end 94.19 new text begin may assist the commission in designing and new text end 94.20 new text begin implementing the grants program. new text end 94.21 new text begin The commission shall encourage private new text end 94.22 new text begin contributions to match the state funds to new text end 94.23 new text begin the greatest extent possible. Contributions new text end 94.24 new text begin received by the commission are appropriated new text end 94.25 new text begin to the commission. new text end 94.26 new text begin (b) $1,500,000 the first year is for a new text end 94.27 new text begin grant-in-aid program for county and local new text end 94.28 new text begin historical societies. The Minnesota Historical new text end 94.29 new text begin Society shall establish program guidelines new text end 94.30 new text begin and grant evaluation and award criteria for new text end 94.31 new text begin the program. Each dollar of state funds new text end 94.32 new text begin awarded to a grantee must be matched with new text end 94.33 new text begin nonstate funds on a dollar-for-dollar basis by new text end 95.1 new text begin a grantee. This is a onetime appropriation new text end 95.2 new text begin and is available until expended. new text end 95.3 new text begin (c) $500,000 the first year is for a grant-in-aid new text end 95.4 new text begin program for county and local historical new text end 95.5 new text begin societies for the repair, restoration, and new text end 95.6 new text begin preservation of historic sites and buildings new text end 95.7 new text begin in Minnesota. The Minnesota Historical new text end 95.8 new text begin Society shall establish program guidelines new text end 95.9 new text begin and grant evaluation and award criteria for new text end 95.10 new text begin the program. This is a onetime appropriation new text end 95.11 new text begin and is available until expended. new text end 95.12 new text begin (d) $60,000 each year is to offset the revenue new text end 95.13 new text begin loss from not charging fees for general tours new text end 95.14 new text begin at the Capitol. This appropriation is added to new text end 95.15 new text begin the society's base budget. new text end 95.16 new text begin (e) Notwithstanding Minnesota Statutes, new text end 95.17 new text begin section 138.668, the Minnesota Historical new text end 95.18 new text begin Society may not charge a fee for its general new text end 95.19 new text begin tours at the Capitol, but may charge fees for new text end 95.20 new text begin special programs other than general tours. new text end 95.21 new text begin Subd. 3. new text end new text begin Preservation and Access new text end new text begin 10,953,000 new text end new text begin 10,271,000 new text end 95.22 new text begin $500,000 the first year is to conduct a new text end 95.23 new text begin conservation survey and for restoration, new text end 95.24 new text begin treatment, moving, and storage of the 1905 new text end 95.25 new text begin historic furnishings and works of art in the new text end 95.26 new text begin Minnesota State Capitol. This is a onetime new text end 95.27 new text begin appropriation and is available until June 30, new text end 95.28 new text begin 2009. new text end 95.29 new text begin $308,000 the first year is for the preservation new text end 95.30 new text begin of battle flags. This is a onetime appropriation new text end 95.31 new text begin and is available until June 30, 2009. new text end 95.32 new text begin Subd. 4. new text end new text begin Pass-Through Appropriations new text end new text begin 771,000 new text end new text begin 405,000 new text end 95.33 new text begin (a) Minnesota International Center new text end new text begin 43,000 new text end new text begin 43,000 new text end 95.34 new text begin (b) Minnesota Air National Guard Museum new text end new text begin 16,000 new text end new text begin -0- new text end 96.1 new text begin (c) Minnesota Military Museum new text end new text begin 234,000 new text end new text begin 234,000 new text end 96.2 new text begin (d) Farmamerica new text end new text begin 128,000 new text end new text begin 128,000 new text end 96.3 new text begin (e) Balances Forward new text end 96.4 new text begin Any unencumbered balance remaining in new text end 96.5 new text begin this subdivision the first year does not cancel new text end 96.6 new text begin but is available for the second year of the new text end 96.7 new text begin biennium. new text end 96.8 new text begin $150,000 the first year is for a onetime new text end 96.9 new text begin grant to the Nicollet County Historical new text end 96.10 new text begin Society for renovation of the center exhibit new text end 96.11 new text begin gallery in the Treaty Site History Center new text end 96.12 new text begin in St. Peter, including additions to the new text end 96.13 new text begin center's infrastructure and state-of-the-art new text end 96.14 new text begin interpretive elements. This appropriation is new text end 96.15 new text begin available until the project is completed or new text end 96.16 new text begin abandoned, subject to Minnesota Statutes, new text end 96.17 new text begin section 16A.642. new text end 96.18 new text begin $200,000 the first year is for a grant to new text end 96.19 new text begin the Hmong Studies Center at Concordia new text end 96.20 new text begin University in St. Paul, Minnesota, to be new text end 96.21 new text begin used for preservation of Hmong historical new text end 96.22 new text begin artifacts and documents. Any part of the new text end 96.23 new text begin appropriation not used in fiscal year 2008 is new text end 96.24 new text begin available for use in fiscal year 2009. This is new text end 96.25 new text begin a onetime appropriation and is available until new text end 96.26 new text begin expended. new text end 96.27 new text begin Subd. 5. new text end new text begin Fund Transfer new text end 96.28 new text begin The Minnesota Historical Society may new text end 96.29 new text begin reallocate funds appropriated in and between new text end 96.30 new text begin subdivisions 2 and 3 for any program new text end 96.31 new text begin purposes. new text end 96.32 new text begin Subd. 6. new text end new text begin Minnesota River Valley Study Group new text end 97.1 new text begin The Minnesota Historical Society in new text end 97.2 new text begin cooperation with Explore Minnesota Tourism new text end 97.3 new text begin shall establish and coordinate a Minnesota new text end 97.4 new text begin River Valley study group. The Minnesota new text end 97.5 new text begin River Valley study group shall be comprised new text end 97.6 new text begin of representatives of the Minnesota Valley new text end 97.7 new text begin Scenic Byway Alliance, the Department new text end 97.8 new text begin of Natural Resources, the Department new text end 97.9 new text begin of Transportation, the Minnesota Indian new text end 97.10 new text begin Affairs Council, the Region 6 West, Region new text end 97.11 new text begin 6 East, Region 8 and Region 9 Regional new text end 97.12 new text begin Development Commissions, the Minnesota new text end 97.13 new text begin Historical Society, Explore Minnesota new text end 97.14 new text begin Tourism, State Arts Board, and other new text end 97.15 new text begin interested parties. The study group must new text end 97.16 new text begin develop a plan for coordinated activities new text end 97.17 new text begin among organizations represented on the new text end 97.18 new text begin study group to enhance and promote historic new text end 97.19 new text begin sites, and historic, scenic, and natural new text end 97.20 new text begin features of the Minnesota River Valley new text end 97.21 new text begin area. Study topics shall include, but are new text end 97.22 new text begin not limited to, historic sites related to the new text end 97.23 new text begin Dakota Conflict of 1862 and the state and new text end 97.24 new text begin local preparations for the sesquicentennial of new text end 97.25 new text begin this event. The Minnesota Historical Society new text end 97.26 new text begin and Explore Minnesota Tourism shall report new text end 97.27 new text begin on the findings and recommendations of new text end 97.28 new text begin the Minnesota River Valley study group to new text end 97.29 new text begin the standing committees of the house of new text end 97.30 new text begin representatives and senate with jurisdiction new text end 97.31 new text begin over historic sites and tourism by March 1, new text end 97.32 new text begin 2008. The Minnesota River Valley study new text end 97.33 new text begin group shall serve without compensation. new text end 97.34 Sec. 5. new text begin BOARD OF THE ARTS new text end 97.35 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 9,975,000 new text end new text begin $ new text end new text begin 9,982,000 new text end 98.1 new text begin The amounts that may be spent for each new text end 98.2 new text begin purpose are specified in the following new text end 98.3 new text begin subdivisions. new text end 98.4 new text begin Subd. 2. new text end new text begin Operations and Services new text end new text begin 637,000 new text end new text begin 644,000 new text end 98.5 new text begin Subd. 3. new text end new text begin Grants Programs new text end new text begin 6,452,000 new text end new text begin 6,452,000 new text end 98.6 new text begin The base budget for the grants program new text end 98.7 new text begin shall be $5,924,000 in fiscal year 2010 and new text end 98.8 new text begin $5,924,000 in fiscal year 2011. new text end 98.9 new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end new text begin 2,886,000 new text end new text begin 2,886,000 new text end 98.10 new text begin The base budget for the regional arts councils new text end 98.11 new text begin shall be $2,539,000 in fiscal year 2010 and new text end 98.12 new text begin $2,539,000 in fiscal year 2011. new text end 98.13 98.14 Sec. 6. new text begin MINNESOTA HUMANITIES new text end new text begin COMMISSION new text end new text begin $ new text end new text begin 500,000 new text end new text begin $ new text end new text begin 500,000 new text end 98.15 new text begin Of this amount, ten percent each year is new text end 98.16 new text begin for lifelong learning programs in greater new text end 98.17 new text begin Minnesota communities that do not new text end 98.18 new text begin receive financial support from other large new text end 98.19 new text begin educational institutions. The base budget new text end 98.20 new text begin for the Minnesota Humanities Commission new text end 98.21 new text begin is $500,000 each year in the 2010-2011 new text end 98.22 new text begin biennium. new text end 98.23    Sec. 7. Minnesota Statutes 2006, section 190.096, is amended to read: 98.24190.096 BATTLE FLAGS; REPAIR. 98.25    Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota 98.26Statutes 1961, chapters 16 and 43, the adjutant general new text begin or the Minnesota Historical new text end 98.27 new text begin Society new text end may contract for the repair, restoration, and preservation of regimental battle flags, 98.28standards, and guidons with persons or corporations skilled in such repair, restoration, and 98.29preservation, upon terms or conditions the adjutant general new text begin or the Minnesota Historical new text end 98.30 new text begin Society new text end deems proper, subject to the approval of the commissioner of administration. 98.31    Subd. 2. Surrender. Notwithstanding the provisions of new text begin this section or new text end section 98.32190.09 , the adjutant general new text begin or the Minnesota Historical Society new text end may, for the purposes 98.33of this section, surrender the immediate custody and control of regimental battle flags, 99.1standards, and guidons under conditions and safeguards the adjutant general new text begin or the new text end 99.2 new text begin Minnesota Historical Society new text end deems necessary and proper, for such time as is reasonably 99.3necessary for their restoration, after which they shall at once be again properly stored 99.4or displayed. The adjutant general new text begin or the Minnesota Historical Society new text end shall provide 99.5adequate storage and display space for flags, standards, and guidons which have been 99.6repaired and restored. 99.7     new text begin Subd. 3. new text end new text begin Battle flags; care and control. new text end new text begin (a) The flags and colors carried by new text end 99.8 new text begin Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be new text end 99.9 new text begin preserved under the care and control of the Minnesota Historical Society. They shall be new text end 99.10 new text begin suitably encased and marked, and, so far as the historical society may deem it consistent new text end 99.11 new text begin with the safety of the flags and colors, they shall be publicly displayed in the capitol. new text end 99.12     new text begin (b) The flags and colors carried by Minnesota troops in subsequent wars shall be new text end 99.13 new text begin preserved under the care and control of the adjutant general. They shall be suitably new text end 99.14 new text begin encased and marked, and, so far as the adjutant general may deem it consistent with the new text end 99.15 new text begin safety of the flags and colors, shall be publicly displayed. new text end 99.16ARTICLE 10 99.17HOUSING 99.18 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 99.19     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 99.20 new text begin in this article. new text end 99.21 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 99.22 new text begin General new text end new text begin $ new text end new text begin 67,896,000 new text end new text begin $ new text end new text begin 49,040,000 new text end new text begin $ new text end new text begin 116,936,000 new text end 99.23 new text begin TANF new text end new text begin $ new text end new text begin 3,075,000 new text end new text begin $ new text end new text begin 3,075,000 new text end new text begin $ new text end new text begin 6,150,000 new text end 99.24 new text begin Total new text end new text begin $ new text end new text begin 70,971,000 new text end new text begin $ new text end new text begin 52,115,000 new text end new text begin $ new text end new text begin 123,086,000 new text end 99.25 Sec. 2. new text begin HOUSING. new text end 99.26     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 99.27 new text begin agencies and for the purposes specified. The appropriations are from the general fund, or new text end 99.28 new text begin another named fund, and are available for the fiscal years indicated for each purpose. The new text end 99.29 new text begin figures "2008" and "2009" used in this act mean that the appropriations listed under them new text end 99.30 new text begin are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The new text end 99.31 new text begin first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is new text end 99.32 new text begin fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are new text end 99.33 new text begin effective the day following final enactment. new text end 100.1 new text begin APPROPRIATIONS new text end 100.2 new text begin Available for the Year new text end 100.3 new text begin Ending June 30 new text end 100.4 new text begin 2008 new text end new text begin 2009 new text end 100.5 Sec. 3. new text begin HOUSING FINANCE AGENCY new text end 100.6 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 70,971,000 new text end new text begin $ new text end new text begin 52,115,000 new text end 100.7 new text begin Appropriations by Fund new text end 100.8 new text begin 2008 new text end new text begin 2009 new text end 100.9 new text begin General new text end new text begin 67,896,000 new text end new text begin 49,040,000 new text end 100.10 new text begin TANF new text end new text begin 3,075,000 new text end new text begin 3,075,000 new text end 100.11 new text begin This appropriation is for transfer to the new text end 100.12 new text begin housing development fund. The amounts new text end 100.13 new text begin that may be spent from this appropriation new text end 100.14 new text begin for certain programs are specified in the new text end 100.15 new text begin following subdivisions. Except as otherwise new text end 100.16 new text begin indicated, this transfer is part of the agency's new text end 100.17 new text begin permanent budget base. new text end 100.18 new text begin Of this amount, $3,075,000 the first year new text end 100.19 new text begin and $3,075,000 the second year are onetime new text end 100.20 new text begin appropriations from the state's federal TANF new text end 100.21 new text begin block grant under Title I of Public Law new text end 100.22 new text begin Number 104-193 to the commissioner of new text end 100.23 new text begin human services, to reimburse the housing new text end 100.24 new text begin development fund for assistance under new text end 100.25 new text begin the programs for families receiving TANF new text end 100.26 new text begin assistance under the MFIP program. The new text end 100.27 new text begin commissioner of human services shall make new text end 100.28 new text begin monthly reimbursements to the housing new text end 100.29 new text begin development fund. The commissioner new text end 100.30 new text begin of human services shall not make any new text end 100.31 new text begin reimbursement which the commissioner new text end 100.32 new text begin determines would be subject to a penalty new text end 100.33 new text begin under Code of Federal Regulations, section new text end 100.34 new text begin 262.1. If the appropriation in either year is new text end 101.1 new text begin insufficient, the appropriation for the other new text end 101.2 new text begin year is available. new text end 101.3 101.4 new text begin Subd. 2. new text end new text begin Economic Development and Housing new text end new text begin Challenge new text end 101.5 new text begin $21,308,000 the first year and $9,622,000 new text end 101.6 new text begin the second year are for the economic new text end 101.7 new text begin development and housing challenge program new text end 101.8 new text begin under Minnesota Statutes, section 462A.33, new text end 101.9 new text begin for housing that: new text end 101.10 new text begin (1) conserves energy and utilizes sustainable, new text end 101.11 new text begin healthy building materials; new text end 101.12 new text begin (2) preserves sensitive natural areas and new text end 101.13 new text begin open spaces and minimizes the need for new new text end 101.14 new text begin infrastructure; new text end 101.15 new text begin (3) is accessible to jobs and services through new text end 101.16 new text begin integration with transportation or transit new text end 101.17 new text begin systems; and new text end 101.18 new text begin (4) expands the mix of housing choices in new text end 101.19 new text begin a community by diversifying the levels of new text end 101.20 new text begin housing affordability. new text end 101.21 new text begin The agency may fund demonstration projects new text end 101.22 new text begin that have unique approaches to achieving the new text end 101.23 new text begin housing described above. new text end 101.24 new text begin Subd. 3. new text end new text begin Housing Trust Fund new text end 101.25 new text begin $15,195,000 the first year and $11,945,000 new text end 101.26 new text begin the second year are for the housing trust fund new text end 101.27 new text begin account created under Minnesota Statutes, new text end 101.28 new text begin section 462A.201, for the purposes of that new text end 101.29 new text begin section. Of this amount, $1,500,000 the first new text end 101.30 new text begin year and $1,500,000 in the second year is a new text end 101.31 new text begin onetime appropriation from the state's federal new text end 101.32 new text begin TANF block grant. The general fund base new text end 101.33 new text begin is reduced by $1,890,000 each year in fiscal new text end 101.34 new text begin year 2010 and fiscal year 2011. new text end 102.1 102.2 new text begin Subd. 4. new text end new text begin Bridges Rental Assistance for new text end new text begin Mentally Ill new text end 102.3 new text begin $3,400,000 the first year and $3,400,000 new text end 102.4 new text begin the second year are for a rental housing new text end 102.5 new text begin assistance program for persons with a mental new text end 102.6 new text begin illness or families with an adult member with new text end 102.7 new text begin a mental illness under Minnesota Statutes, new text end 102.8 new text begin section 462A.2097. new text end 102.9 new text begin Subd. 5. new text end new text begin Family Homeless Prevention new text end 102.10 new text begin $7,565,000 the first year and $7,565,000 new text end 102.11 new text begin the second year are for family homeless new text end 102.12 new text begin prevention and assistance programs under new text end 102.13 new text begin Minnesota Statutes, section 462A.204. Of new text end 102.14 new text begin this amount, $1,575,000 in the first year and new text end 102.15 new text begin $1,575,000 in the second year is a onetime new text end 102.16 new text begin appropriation from the state's federal TANF new text end 102.17 new text begin block grant. The general fund base in fiscal new text end 102.18 new text begin year 2010 and fiscal year 2011 is $7,465,000 new text end 102.19 new text begin each year. new text end 102.20 new text begin Subd. 6. new text end new text begin Home Ownership Assistance Fund new text end 102.21 new text begin $1,885,000 the first year and $1,885,000 new text end 102.22 new text begin the second year are for the home ownership new text end 102.23 new text begin assistance program under Minnesota new text end 102.24 new text begin Statutes, section 462A.21, subdivision 8. new text end 102.25 new text begin The base is reduced by $1,000,000 each year new text end 102.26 new text begin in fiscal year 2010 and fiscal year 2011. new text end 102.27 new text begin Subd. 7. new text end new text begin Affordable Rental Investment Fund new text end 102.28 new text begin $11,496,000 the first year and $8,996,000 new text end 102.29 new text begin the second year are for the affordable rental new text end 102.30 new text begin investment fund program under Minnesota new text end 102.31 new text begin Statutes, section 462A.21, subdivision 8b. new text end 102.32 new text begin Of this amount, $2,500,000 the first year is a new text end 102.33 new text begin onetime appropriation. new text end 103.1 new text begin This appropriation is to finance the new text end 103.2 new text begin acquisition, rehabilitation, and debt new text end 103.3 new text begin restructuring of federally assisted rental new text end 103.4 new text begin property and for making equity take-out loans new text end 103.5 new text begin under Minnesota Statutes, section 462A.05, new text end 103.6 new text begin subdivision 39. The owner of the federally new text end 103.7 new text begin assisted rental property must agree to new text end 103.8 new text begin participate in the applicable federally assisted new text end 103.9 new text begin housing program and to extend any existing new text end 103.10 new text begin low-income affordability restrictions on the new text end 103.11 new text begin housing for the maximum term permitted. new text end 103.12 new text begin The owner must also enter into an agreement new text end 103.13 new text begin that gives local units of government, new text end 103.14 new text begin housing and redevelopment authorities, new text end 103.15 new text begin and nonprofit housing organizations the new text end 103.16 new text begin right of first refusal if the rental property new text end 103.17 new text begin is offered for sale. Priority must be given new text end 103.18 new text begin among comparable federally assisted rental new text end 103.19 new text begin properties to properties with the longest new text end 103.20 new text begin remaining term under an agreement for new text end 103.21 new text begin federal rental assistance. Priority must also new text end 103.22 new text begin be given among comparable rental housing new text end 103.23 new text begin developments to developments that are or new text end 103.24 new text begin will be owned by local government units, a new text end 103.25 new text begin housing and redevelopment authority, or a new text end 103.26 new text begin nonprofit housing organization. new text end 103.27 new text begin This appropriation may also be used to new text end 103.28 new text begin finance the acquisition, rehabilitation, and new text end 103.29 new text begin debt restructuring of existing supportive new text end 103.30 new text begin housing properties. For purposes of this new text end 103.31 new text begin subdivision, "supportive housing" means new text end 103.32 new text begin affordable rental housing with links to new text end 103.33 new text begin services necessary for individuals, youth, and new text end 103.34 new text begin families with children to maintain housing new text end 103.35 new text begin stability. new text end 104.1 new text begin Of this amount, $2,500,000 is appropriated new text end 104.2 new text begin for the purposes of financing the new text end 104.3 new text begin rehabilitation and operating costs to preserve new text end 104.4 new text begin public housing. For purposes of this new text end 104.5 new text begin subdivision, "public housing" is housing for new text end 104.6 new text begin low-income persons and households financed new text end 104.7 new text begin by the federal government and owned and new text end 104.8 new text begin operated by public housing authorities and new text end 104.9 new text begin agencies. Eligible public housing authorities new text end 104.10 new text begin must have a public housing assessment new text end 104.11 new text begin system rating of standard or above. Priority new text end 104.12 new text begin among comparable proposals must be given new text end 104.13 new text begin to proposals that maximize federal or local new text end 104.14 new text begin resources to finance the capital and operating new text end 104.15 new text begin costs. new text end 104.16 104.17 new text begin Subd. 8. new text end new text begin Housing Rehabilitation and new text end new text begin Accessibility new text end 104.18 new text begin $5,657,000 the first year and $4,287,000 the new text end 104.19 new text begin second year are for the housing rehabilitation new text end 104.20 new text begin and accessibility program under Minnesota new text end 104.21 new text begin Statutes, section 462A.05, subdivisions 14a new text end 104.22 new text begin and 15a. new text end 104.23 new text begin Subd. 9. new text end new text begin Urban Indian Housing Program new text end 104.24 new text begin $187,000 the first year and $187,000 the new text end 104.25 new text begin second year are for the urban Indian housing new text end 104.26 new text begin program under Minnesota Statutes, section new text end 104.27 new text begin 462A.07, subdivision 15. The base is new text end 104.28 new text begin reduced by $7,000 each year in fiscal year new text end 104.29 new text begin 2010 and fiscal year 2011. new text end 104.30 new text begin Subd. 10. new text end new text begin Tribal Indian Housing Program new text end 104.31 new text begin $1,683,000 the first year and $1,683,000 new text end 104.32 new text begin the second year are for the tribal Indian new text end 104.33 new text begin housing program under Minnesota Statutes, new text end 104.34 new text begin section 462A.07, subdivision 14. The base is new text end 105.1 new text begin reduced by $468,000 each year in fiscal year new text end 105.2 new text begin 2010 and fiscal year 2011. new text end 105.3 105.4 new text begin Subd. 11. new text end new text begin Home Ownership Education, new text end new text begin Counseling, and Training new text end 105.5 new text begin $2,135,000 the first year and $2,135,000 new text end 105.6 new text begin the second year are appropriated for the new text end 105.7 new text begin home ownership education, counseling, and new text end 105.8 new text begin training program under Minnesota Statutes, new text end 105.9 new text begin section 462A.209. The base is reduced by new text end 105.10 new text begin $1,270,000 each year in fiscal year 2010 and new text end 105.11 new text begin fiscal year 2011. Of this amount, $630,000 new text end 105.12 new text begin the first year is for: new text end 105.13 new text begin (1) foreclosure prevention and assistance new text end 105.14 new text begin activities in communities that have mortgage new text end 105.15 new text begin foreclosure rates that exceed the statewide new text end 105.16 new text begin average foreclosure rate for the most recent new text end 105.17 new text begin quarter for which data is available; and new text end 105.18 new text begin (2) home buyer education and counseling new text end 105.19 new text begin activities by organizations that have new text end 105.20 new text begin experience working with emerging markets new text end 105.21 new text begin or partner with organizations with experience new text end 105.22 new text begin working with emerging markets and that have new text end 105.23 new text begin demonstrated a commitment to increasing the new text end 105.24 new text begin homeownership rate of emerging markets. new text end 105.25 new text begin Subd. 12. new text end new text begin Capacity Building Grants new text end 105.26 new text begin $820,000 for the biennium is for capacity new text end 105.27 new text begin building grants under Minnesota Statutes new text end 105.28 new text begin section 462A.21, subdivision 3b. Of this new text end 105.29 new text begin amount, $140,000 is for continuum of new text end 105.30 new text begin care planning in greater Minnesota. This new text end 105.31 new text begin appropriation is the agency's base budget for new text end 105.32 new text begin this program. new text end 105.33 new text begin Subd. 13. new text end new text begin Grant for Hennepin County new text end 106.1 new text begin $50,000 is a onetime appropriation in the new text end 106.2 new text begin first year for a grant to Hennepin County new text end 106.3 new text begin for collaboration with the Center for Urban new text end 106.4 new text begin and Regional Affairs at the University new text end 106.5 new text begin of Minnesota for the development of a new text end 106.6 new text begin predictive, data-driven model that can be new text end 106.7 new text begin used to identify at-risk properties in order to new text end 106.8 new text begin target resources to prevent foreclosure. new text end 106.9    Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read: 106.10    Subd. 8b. Family rental housing. It may establish a family rental housing 106.11assistance program to provide loans or direct rental subsidies for housing for families 106.12with incomes of up to 80 percent of state median income new text begin , or to provide grants for the new text end 106.13 new text begin operating cost of public housing new text end . Priority must be given to those developments with 106.14resident families with the lowest income. The development may be financed by the 106.15agency or other public or private lenders. Direct rental subsidies must be administered by 106.16the agency for the benefit of eligible families. Financial assistance provided under this 106.17subdivision to recipients of aid to families with dependent children must be in the form 106.18of vendor payments whenever possible. Loans new text begin , grants, new text end and direct rental subsidies under 106.19this subdivision may be made only with specific appropriations by the legislature. The 106.20limitations on eligible mortgagors contained in section 462A.03, subdivision 13, do not 106.21apply to loans for the rehabilitation of existing housing under this subdivision. 106.22    Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read: 106.23    Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for 106.24this section must be used for challenge grants or loans which meet the requirements of this 106.25subdivision new text begin for housing proposals with financial or in-kind contributions from nonstate new text end 106.26 new text begin resources that reduce the need for deferred loan or grant funds from state resources new text end . These 106.27Challenge grants or loans must be used for economically viable homeownership or rental 106.28housing proposals that: 106.29    (1) include a financial or in-kind contribution from an area employer and either a unit 106.30of local government or a private philanthropic, religious, or charitable organization; and 106.31    (2) address the housing needs of the local work force. 106.32     new text begin Among comparable proposals, preference must be given to proposals that include new text end 106.33 new text begin contributions from nonstate resources for the greatest portion of the total development new text end 106.34 new text begin cost. Comparable proposals with contributions from local units of government or private new text end 107.1 new text begin philanthropic, religious, or charitable organizations must be given preference in awarding new text end 107.2 new text begin grants or loans. new text end 107.3    For the purpose of this subdivision, an employer new text begin a new text end contribution may consist partially 107.4or wholly of the premium paid for federal housing tax credits. 107.5    Preference for grants and loans shall also be given to comparable proposals that 107.6include a financial or in-kind contribution from a unit of local government, an area 107.7employer, and a private philanthropic, religious, or charitable organization. 107.8    Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read: 107.9469.021 PREFERENCES. 107.10    As between applicants equally in need and eligible for occupancy of a dwelling 107.11and at the rent involved, preference shall be given to new text begin disabled veterans, persons with new text end 107.12 new text begin disabilities, and new text end families of service persons who died in service and to families of veterans. 107.13In admitting families of low income to dwelling accommodations in any housing project an 107.14authority shall, as far as is reasonably practicable, give consideration to applications from 107.15families to which aid for dependent children is payable new text begin receiving assistance under chapter new text end 107.16 new text begin 256J new text end , and to resident families to whom public assistance or supplemental security income 107.17for the aged, blind, and disabled is payable, when those families are otherwise eligible. 107.18    Sec. 7. new text begin MORTGAGE FORECLOSURE REDUCTION. new text end 107.19     new text begin The commissioner of the Minnesota Housing Finance Agency, in consultation new text end 107.20 new text begin with the commissioner of commerce, the attorney general, the Minnesota Mortgage new text end 107.21 new text begin Bankers' Association, Legal Services of Minnesota, the Minnesota Mortgage Foreclosure new text end 107.22 new text begin Prevention Association, and the Minnesota Sheriffs' Association shall evaluate the new text end 107.23 new text begin provisions of Minnesota Statutes, sections 580.04 and 580.041, to determine if corrective new text end 107.24 new text begin actions could be taken by the 2008 legislature to reduce mortgage foreclosures in the state. new text end