HF 2781

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to labor and industry; modifying licensing provisions; imposing and 1.3modifying certain license fees;amending Minnesota Statutes 2008, sections 1.4326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions; 326B.197; 326B.33, 1.5subdivisions 18, 20, 21; 326B.42, by adding subdivisions; 326B.44; 326B.46, as 1.6amended; 326B.47; 326B.475, subdivision 2; 326B.50, by adding subdivisions; 1.7326B.54; 326B.55, as amended if enacted; 326B.56, as amended; 326B.805, 1.8subdivision 6; 326B.83, subdivisions 1, 3, 6; 326B.865; 326B.921, subdivisions 1.92, 4, 7; 326B.922; 326B.978, subdivision 2, by adding a subdivision; 327B.04, 1.10subdivision 2; Minnesota Statutes 2009 Supplement, sections 326B.33, 1.11subdivision 19; 326B.475, subdivision 4; 326B.49, subdivision 1; 326B.58; 1.12326B.815, subdivision 1; 326B.86, subdivision 1; 326B.94, subdivision 4; 1.13326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 8; 327B.041; proposing 1.14coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota 1.15Statutes 2008, sections 326B.133, subdivisions 9, 10; 326B.37, subdivision 13; 1.16326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3, 1.174; 326B.976; Minnesota Statutes 2009 Supplement, section 326B.56, subdivision 1.184; Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4; 1.191350.7200, subpart 3; 1350.8000, subpart 2. 1.20BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21    Section 1. new text begin [326B.091] DEFINITIONS. new text end 1.22     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin For purposes of sections 326B.091 to 326B.098, the new text end 1.23 new text begin terms defined in this section have the meanings given them. new text end 1.24     new text begin Subd. 2. new text end new text begin Applicant. new text end new text begin "Applicant" means a person who has submitted to the new text end 1.25 new text begin department an application for a license. new text end 1.26     new text begin Subd. 3. new text end new text begin License. new text end new text begin "License" means any registration, certification, or other form new text end 1.27 new text begin of approval authorized by chapters 326B and 327B to be issued by the commissioner new text end 1.28 new text begin or department as a condition of doing business or conducting a trade, profession, new text end 1.29 new text begin or occupation in Minnesota. License includes specifically but not exclusively an new text end 1.30 new text begin authorization issued by the commissioner or department: to perform electrical work, new text end 2.1 new text begin plumbing or water conditioning work, high pressure piping work, or residential building new text end 2.2 new text begin work of a residential contractor, residential remodeler, or residential roofer; to install new text end 2.3 new text begin manufactured housing; to serve as a building official; or to operate a boiler or boat. new text end 2.4     new text begin Subd. 4. new text end new text begin Licensee. new text end new text begin "Licensee" means the person named on the license as the person new text end 2.5 new text begin authorized to do business or conduct the trade, profession, or occupation in Minnesota. new text end 2.6     new text begin Subd. 5. new text end new text begin Notification date. new text end new text begin "Notification date" means the date of the written new text end 2.7 new text begin notification from the department to an applicant that the applicant is qualified to take the new text end 2.8 new text begin examination required for licensure. new text end 2.9     new text begin Subd. 6. new text end new text begin Renewal deadline. new text end new text begin "Renewal deadline," when used with respect to a new text end 2.10 new text begin license, means 30 days before the date that the license expires. new text end 2.11    Sec. 2. new text begin [326B.092] FEES. new text end 2.12     new text begin Subdivision 1. new text end new text begin Licenses requiring examination administered by commissioner. new text end 2.13 new text begin (a) If the applicant for a license must pass an examination administered by the new text end 2.14 new text begin commissioner in order to obtain the license, then the application for the initial license new text end 2.15 new text begin must be accompanied by an application and examination fee of $50, which is separate new text end 2.16 new text begin from the license fee. The license fee is due after the applicant passes the examination new text end 2.17 new text begin and before the license is issued. new text end 2.18 new text begin (b) If the applicant for a Minnesota license holds a license in another state and new text end 2.19 new text begin is seeking Minnesota licensure without examination based on reciprocity, then the new text end 2.20 new text begin application for the Minnesota license must be accompanied by the application and new text end 2.21 new text begin examination fee of $50, which is separate from the license fee. If the commissioner new text end 2.22 new text begin approves the application, then the license fee is due before the license is issued. new text end 2.23     new text begin Subd. 2. new text end new text begin Licenses not requiring examination administered by commissioner. new text end 2.24 new text begin If the applicant for a license is not required to pass an examination in order to obtain the new text end 2.25 new text begin license, or is required to pass an examination that is not administered by the commissioner, new text end 2.26 new text begin then the license fee must accompany the application for the license. If the application is new text end 2.27 new text begin for a license issued under sections 326B.802 to 326B.885 and is not an application for new text end 2.28 new text begin license renewal, then the contractor recovery fund fee required under section 326B.89, new text end 2.29 new text begin subdivision 3, is due after the department has determined that the applicant meets the new text end 2.30 new text begin qualifications for licensing and before the license is issued. new text end 2.31     new text begin Subd. 3. new text end new text begin Late fee. new text end new text begin The department must receive a complete application for license new text end 2.32 new text begin renewal by the renewal deadline but not more than 90 days before the renewal deadline. If new text end 2.33 new text begin the department receives a renewal application after the expiration of the license, then the new text end 2.34 new text begin renewal application must be accompanied by a late fee equal to one-half of the license new text end 2.35 new text begin renewal fee; except that, for the purpose of calculating the late fee only, the license new text end 3.1 new text begin renewal fee shall not include any contractor recovery fund fee required by section new text end 3.2 new text begin 326B.89, subdivision 3. new text end 3.3     new text begin Subd. 4. new text end new text begin Lapsed licensed fee. new text end new text begin If the department receives a renewal application new text end 3.4 new text begin within two years after expiration of the license, the renewal application must be new text end 3.5 new text begin accompanied by all license renewal fees to cover the period that the license was expired, new text end 3.6 new text begin plus the late fee described in subdivision 3 and the license renewal fee for the current new text end 3.7 new text begin renewal period. new text end 3.8     new text begin Subd. 5. new text end new text begin Insufficient fees. new text end new text begin If the applicant does not include all required fees with new text end 3.9 new text begin the application, then the application will be incomplete and the department will notify the new text end 3.10 new text begin applicant of the amount of the deficiency. new text end 3.11     new text begin Subd. 6. new text end new text begin Fees nonrefundable. new text end new text begin Application and examination fees, license fees, new text end 3.12 new text begin license renewal fees, and late fees are nonrefundable except for: new text end 3.13 new text begin (1) license renewal fees received more than two years after expiration of the license, new text end 3.14 new text begin as described in section 326B.094, subdivision 2; new text end 3.15 new text begin (2) any overpayment of fees; and new text end 3.16 new text begin (3) if the license is not renewed, the contractor recovery fund fee and any additional new text end 3.17 new text begin assessment paid under subdivision 7, paragraph (e). new text end 3.18     new text begin Subd. 7. new text end new text begin License fees and license renewal fees. new text end new text begin (a) The license fee for each license new text end 3.19 new text begin except a renewed license shall be the base license fee plus any applicable board fee, as new text end 3.20 new text begin set forth in this subdivision. The license renewal fee for each renewed license is the new text end 3.21 new text begin base license fee plus any applicable board fee, continuing education fee, and contractor new text end 3.22 new text begin recovery fund fee and additional assessment, as set forth in this subdivision. new text end 3.23 new text begin (b) For purposes of this section, "license duration" means the number of years for new text end 3.24 new text begin which the license is issued except that: new text end 3.25 new text begin (1) if the initial license is not issued for a whole number of years, the license duration new text end 3.26 new text begin shall be rounded up to the next whole number; and new text end 3.27 new text begin (2) if the department receives an application for license renewal after the renewal new text end 3.28 new text begin deadline, license duration means the number of years for which the renewed license would new text end 3.29 new text begin have been issued if the renewal application had been submitted on time and all other new text end 3.30 new text begin requirements for renewal had been met. new text end 3.31 new text begin (c) The base license fee shall depend on whether the license is classified as an entry new text end 3.32 new text begin level, master, journeyman, or business license, and on the license duration. The base new text end 3.33 new text begin license fee shall be: new text end 3.34 new text begin License Classification new text end new text begin License Duration new text end 3.35 new text begin 1 Year new text end new text begin 2 Years new text end new text begin 3 Years new text end 3.36 new text begin Entry level new text end new text begin $10 new text end new text begin $20 new text end new text begin $30 new text end 4.1 new text begin Journeyman new text end new text begin $20 new text end new text begin $40 new text end new text begin $60 new text end 4.2 new text begin Master new text end new text begin $40 new text end new text begin $80 new text end new text begin $120 new text end 4.3 new text begin Business new text end new text begin $80 new text end new text begin $160 new text end new text begin $240 new text end 4.4 new text begin (d) If there is a continuing education requirement for renewal of the license, then new text end 4.5 new text begin a continuing education fee must be included in the renewal license fee. The continuing new text end 4.6 new text begin education fee for all license classifications shall be: $10 if the renewal license duration is new text end 4.7 new text begin one year; $20 if the renewal license duration is two years; and $30 if the renewal license new text end 4.8 new text begin duration is three years. new text end 4.9 new text begin (e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to new text end 4.10 new text begin 326B.93, then a board fee must be included in the license fee and the renewal license fee. new text end 4.11 new text begin The board fee for all license classifications shall be: $4 if the license duration is one year; new text end 4.12 new text begin $8 if the license duration is two years; and $12 if the license duration is three years. new text end 4.13 new text begin (f) If the application is for the renewal of a license issued under sections 326B.802 new text end 4.14 new text begin to 326B.885, then the contractor recovery fund fee required under section 326B.89, new text end 4.15 new text begin subdivision 3, and any additional assessment required under section 326B.89, subdivision new text end 4.16 new text begin 16, must be included in the license renewal fee. new text end 4.17    Sec. 3. new text begin [326B.093] LICENSES REQUIRING EXAMINATION ADMINISTERED new text end 4.18 new text begin BY COMMISSIONER. new text end 4.19     new text begin Subdivision 1. new text end new text begin Qualifications for examination. new text end new text begin If the applicant for a license must new text end 4.20 new text begin pass an examination administered by the commissioner in order to obtain the license, then new text end 4.21 new text begin the applicant's complete application must demonstrate that the applicant is qualified to new text end 4.22 new text begin take the examination. The applicant is qualified to take the examination if the applicant new text end 4.23 new text begin meets all requirements for the license except for passing the examination. new text end 4.24     new text begin Subd. 2. new text end new text begin Not qualified for examination. new text end new text begin If the applicant is not qualified to take new text end 4.25 new text begin the examination, then the commissioner must deny the application. The applicant may new text end 4.26 new text begin subsequently submit another application, accompanied by the required fee. new text end 4.27     new text begin Subd. 3. new text end new text begin Taking the examination. new text end new text begin If the applicant is qualified to take the new text end 4.28 new text begin examination, then the department must notify the applicant, and the applicant may new text end 4.29 new text begin schedule a time to take the examination within one year after the notification date. If the new text end 4.30 new text begin applicant does not take the examination at the scheduled time, the applicant may, one new text end 4.31 new text begin time only, reschedule a time to take the examination on a date within one year after the new text end 4.32 new text begin notification date. If the applicant fails to take the examination within one year after the new text end 4.33 new text begin notification date, the commissioner must deny the application and the applicant forfeits the new text end 4.34 new text begin application/examination fee. The applicant may subsequently submit another application, new text end 4.35 new text begin accompanied by the required application/examination fee. new text end 5.1     new text begin Subd. 4. new text end new text begin Examination results. new text end new text begin If the applicant receives a passing score on the new text end 5.2 new text begin examination and meets all other requirements for licensure, the commissioner must new text end 5.3 new text begin approve the application and notify the applicant of the approval within 60 days of the date new text end 5.4 new text begin of the passing score. The applicant must, within 90 days after the notification of approval, new text end 5.5 new text begin pay the license fee. Upon receipt of the license fee, the commissioner must issue the new text end 5.6 new text begin license. If the applicant does not pay the license fee within 90 days after the notification new text end 5.7 new text begin of approval, the commissioner will rescind the approval and must deny the application. new text end 5.8 new text begin If the applicant does not receive a passing score on the examination, the commissioner new text end 5.9 new text begin must deny the application. If the application is denied because of the applicant's failure new text end 5.10 new text begin to receive a passing score on the examination, then the applicant cannot submit a new new text end 5.11 new text begin application for the license until at least 30 days after the notification of denial. new text end 5.12    Sec. 4. new text begin [326B.094] RENEWAL OF LICENSES. new text end 5.13     new text begin Subdivision 1. new text end new text begin Expiration of licenses. new text end new text begin Unless and until the department or new text end 5.14 new text begin commissioner issues a renewal of a license, the license expires on the expiration date new text end 5.15 new text begin printed on the license. While the license is expired, the licensee cannot perform the new text end 5.16 new text begin activities authorized by the license. new text end 5.17     new text begin Subd. 2. new text end new text begin Availability of renewal. new text end new text begin A licensee may apply to renew a license no later new text end 5.18 new text begin than two years after the expiration of the license. If the department receives a complete new text end 5.19 new text begin renewal application no later than two years after the expiration of the license, then the new text end 5.20 new text begin department must approve or deny the renewal application within 60 days of receiving the new text end 5.21 new text begin complete renewal application. If the department receives a renewal application more than new text end 5.22 new text begin two years after the expiration of the license, the department must return the renewal new text end 5.23 new text begin license fee to the applicant without approving or denying the application. If the licensee new text end 5.24 new text begin wishes to obtain a valid license more than two years after expiration of the license, the new text end 5.25 new text begin licensee must apply for a new license. new text end 5.26     new text begin Subd. 3. new text end new text begin Deadline for avoiding license expiration. new text end new text begin The department must receive new text end 5.27 new text begin a complete application to renew a license no later than the renewal deadline. If the new text end 5.28 new text begin department does not receive a complete application by the renewal deadline, the license new text end 5.29 new text begin may expire before the department has either approved or denied the renewal application. new text end 5.30    Sec. 5. new text begin [326B.095] INCOMPLETE LICENSE APPLICATIONS. new text end 5.31 new text begin This section applies to both applications for initial licenses and license renewal new text end 5.32 new text begin applications. If the department determines that an application is incomplete, the new text end 5.33 new text begin department must notify the applicant of the deficiencies that must be corrected in new text end 5.34 new text begin order to complete the application. If the applicant wishes to complete the application, new text end 6.1 new text begin the department must receive the completed application within 90 days after the date new text end 6.2 new text begin the department mailed or delivered the incomplete application to the applicant. If the new text end 6.3 new text begin department does not receive the completed application by this deadline, the commissioner new text end 6.4 new text begin must deny the application and the applicant will forfeit all fees except as provided new text end 6.5 new text begin in section 326B.092, subdivision 6. If the application is for license renewal and the new text end 6.6 new text begin department receives the corrected application after the license has expired, then the new text end 6.7 new text begin corrected application must be accompanied by the late fee. new text end 6.8    Sec. 6. new text begin [326B.096] REINSTATEMENT OF LICENSES. new text end 6.9     new text begin Subdivision 1. new text end new text begin Reinstatement after revocation. new text end new text begin (a) If a license is revoked under new text end 6.10 new text begin this chapter and if an applicant for a license needs to pass an examination administered by new text end 6.11 new text begin the commissioner before becoming licensed, then, in order to have the license reinstated, new text end 6.12 new text begin the person who holds the revoked license must: new text end 6.13 new text begin (1) retake the examination and achieve a passing score; and new text end 6.14 new text begin (2) meet all other requirements for an initial license, including payment of the new text end 6.15 new text begin application and examination fee and the license fee. The person holding the revoked new text end 6.16 new text begin license is not eligible for Minnesota licensure without examination based on reciprocity. new text end 6.17 new text begin (b) If a license is revoked under a chapter other than this chapter, then, in order to new text end 6.18 new text begin have the license reinstated, the person who holds the revoked license must: new text end 6.19 new text begin (1) apply for reinstatement to the commissioner no later than two years after the new text end 6.20 new text begin effective date of the revocation; new text end 6.21 new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license new text end 6.22 new text begin fee; and new text end 6.23 new text begin (3) meet all applicable requirements for licensure, except that, unless required by the new text end 6.24 new text begin order revoking the license, the applicant does not need to retake any examination and does new text end 6.25 new text begin not need to repay a license fee that was paid before the revocation. new text end 6.26     new text begin Subd. 2. new text end new text begin Reinstatement after suspension. new text end new text begin If a license is suspended, then, in order new text end 6.27 new text begin to have the license reinstated, the person who holds the suspended license must: new text end 6.28 new text begin (1) apply for reinstatement to the commissioner no later than two years after the new text end 6.29 new text begin completion of the suspension period; new text end 6.30 new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license new text end 6.31 new text begin fee; and new text end 6.32 new text begin (3) meet all applicable requirements for licensure, except that, unless required by the new text end 6.33 new text begin order suspending the license, the applicant does not need to retake any examination and new text end 6.34 new text begin does not need to repay a license fee that was paid before the suspension. new text end 7.1     new text begin Subd. 3. new text end new text begin Reinstatement after voluntary termination. new text end new text begin A licensee who is not an new text end 7.2 new text begin individual may voluntarily terminate a license issued to the person under this chapter. If a new text end 7.3 new text begin licensee has voluntarily terminated a license under this subdivision, then, in order to have new text end 7.4 new text begin the license reinstated, the person who holds the terminated license must: new text end 7.5 new text begin (1) apply for reinstatement to the commissioner no later than the date that the license new text end 7.6 new text begin would have expired if it had not been terminated; new text end 7.7 new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license new text end 7.8 new text begin fee; and new text end 7.9 new text begin (3) meet all applicable requirements for licensure, except that the applicant does not new text end 7.10 new text begin need to repay a license fee that was paid before the termination. new text end 7.11    Sec. 7. new text begin [326B.097] PROHIBITION OF TRANSFER. new text end 7.12 new text begin A licensee shall not transfer or sell any license. new text end 7.13    Sec. 8. new text begin [326B.098] CONTINUING EDUCATION. new text end 7.14     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin This section applies to seminars offered by new text end 7.15 new text begin the department for the purpose of allowing licensees to meet continuing education new text end 7.16 new text begin requirements for license renewal. new text end 7.17     new text begin Subd. 2. new text end new text begin Rescheduling. new text end new text begin An individual who is registered with the department to new text end 7.18 new text begin attend a seminar may reschedule one time only, to attend the same seminar on a date new text end 7.19 new text begin within one year after the date of the seminar the individual was registered to attend. new text end 7.20     new text begin Subd. 3. new text end new text begin Fees nonrefundable. new text end new text begin All seminar fees paid to the department are new text end 7.21 new text begin nonrefundable except for any overpayment of fees. new text end 7.22    Sec. 9. Minnesota Statutes 2008, section 326B.133, subdivision 1, is amended to read: 7.23    Subdivision 1. Designation. Each municipality shall designate a building official to 7.24administer the code. A municipality may designate no more than one building official 7.25responsible for code administration defined by each certification category established in 7.26rule new text begin created by statute or rule new text end . Two or more municipalities may combine in the designation 7.27of a building official for the purpose of administering the provisions of the code within 7.28their communities. In those municipalities for which no building officials have been 7.29designated, the state building official may use whichever state employees are necessary to 7.30perform the duties of the building official until the municipality makes a temporary or 7.31permanent designation. All costs incurred by virtue of these services rendered by state 7.32employees must be borne by the involved municipality and receipts arising from these 7.33services must be paid to the commissioner. 8.1    Sec. 10. Minnesota Statutes 2008, section 326B.133, is amended by adding a 8.2subdivision to read: 8.3     new text begin Subd. 2a. new text end new text begin Application; renewal; fees; expiration. new text end new text begin (a) An applicant for certification new text end 8.4 new text begin shall submit a completed application on a form approved by the commissioner to the new text end 8.5 new text begin department. The commissioner shall review applications for compliance with the new text end 8.6 new text begin requirements established by rule. new text end 8.7 new text begin (b) Application for initial certification or renewal certification as a building official, new text end 8.8 new text begin building official-limited, or accessibility specialist shall be according to this section and new text end 8.9 new text begin sections 326B.092 to 326B.095. new text end 8.10 new text begin (c) Fees shall be paid to the department according to section 326B.092. new text end 8.11 new text begin (d) Unless revoked or suspended under this chapter, all certifications issued or new text end 8.12 new text begin renewed under this section expire two years from the date of original issuance and every new text end 8.13 new text begin two years thereafter. new text end 8.14    Sec. 11. Minnesota Statutes 2008, section 326B.133, subdivision 3, is amended to read: 8.15    Subd. 3. Certification new text begin criteria new text end . The commissioner shall by rule establish 8.16certification criteria as proof of qualification pursuant to subdivision 2. The commissioner 8.17may: 8.18    (1) develop and administer written and practical examinations to determine if a 8.19person is qualified pursuant to subdivision 2 to be a building official; 8.20    (2) accept documentation of successful completion of testing programs developed 8.21and administered by nationally recognized testing agencies, as proof of qualification 8.22pursuant to subdivision 2; or 8.23    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory 8.24training program developed or approved by the commissioner. 8.25    Upon a determination of qualification under clause (1), (2), or (3), the commissioner 8.26shall issue a certificate to the building official stating that the official is certified. Each 8.27person applying for examination and certification pursuant to this section shall pay a 8.28nonrefundable fee of $70. The commissioner or a designee may establish categories of 8.29certification that will recognize the varying complexities of code enforcement in the 8.30municipalities within the state. The commissioner shall provide educational programs 8.31designed to train and assist building officials in carrying out their responsibilities. 8.32    Sec. 12. Minnesota Statutes 2008, section 326B.133, is amended by adding a 8.33subdivision to read: 9.1     new text begin Subd. 3a. new text end new text begin Certification categories. new text end new text begin (a) If a municipality has adopted or adopts new text end 9.2 new text begin the State Building Code, the responsibilities for code administration and enforcement new text end 9.3 new text begin are under the authority of its designated building official or the certified building new text end 9.4 new text begin official-limited. new text end 9.5 new text begin (b) Certified building official. This certification is identified as "certified building new text end 9.6 new text begin official" on the certificate card. This certification is granted to an individual who has met new text end 9.7 new text begin the certified building official requirements established by rule and passed the written new text end 9.8 new text begin examination prepared by the state. A person with this certification may serve as the new text end 9.9 new text begin designated building official for any municipality. For the purposes of calculating fees new text end 9.10 new text begin under section 326B.092, certification as a building official is a master license. new text end 9.11 new text begin (c) Certified building official-limited. This certification is identified as "certified new text end 9.12 new text begin building official-limited" on the certification card. This certification is granted to an new text end 9.13 new text begin individual who has met the certified building official-limited requirements established by new text end 9.14 new text begin rule and passed the written examination prepared by the state. An individual with this new text end 9.15 new text begin certification may perform code administration for one- and two-family dwellings, their new text end 9.16 new text begin accessory structures, and "exempt classes of buildings" as provided in Minnesota Rules, new text end 9.17 new text begin part 1800.5000, of the Board of Architecture, Engineering, Land Surveying, Landscape new text end 9.18 new text begin Architecture, Geoscience, and Interior Design, and "facilities for persons with physical new text end 9.19 new text begin disabilities" that are governed by the State Building Code. Subject to the limitations of the new text end 9.20 new text begin building official-limited certification, an individual with this certification may serve as new text end 9.21 new text begin the designated building official for any municipality. Code administration for all other new text end 9.22 new text begin buildings must be performed by a certified building official as defined in paragraph (a). A new text end 9.23 new text begin certified building official-limited may conduct inspections for other structures regulated new text end 9.24 new text begin by the State Building Code under the direction of a designated certified building official or new text end 9.25 new text begin the state building official. new text end 9.26 new text begin Subject to all other certification requirements, as of January 1, 2012, valid Class I new text end 9.27 new text begin certifications shall be included in the certified building official-limited category upon the new text end 9.28 new text begin next immediate renewal. For the purposes of calculating fees under section 326B.092, new text end 9.29 new text begin certification as a building official-limited is a journeyman license. new text end 9.30 new text begin (d) Accessibility specialist. This certification is identified as accessibility specialist new text end 9.31 new text begin on the certification card. This certification is granted to an individual who has met new text end 9.32 new text begin the "accessibility specialist" requirements established by rule and passed the written new text end 9.33 new text begin examination prepared by the state. An individual with this classification is limited to the new text end 9.34 new text begin administration of those provisions of the State Building Code that provide access for new text end 9.35 new text begin persons with disabilities. For the purposes of calculating fees under section 326B.092, new text end 9.36 new text begin certification as an accessibility specialist is a journeyman license. new text end 10.1    Sec. 13. Minnesota Statutes 2008, section 326B.133, subdivision 8, is amended to read: 10.2    Subd. 8. Continuing education new text begin requirements; extension of time new text end . new text begin (a) This new text end 10.3 new text begin subdivision establishes the number of continuing education units required within each new text end 10.4 new text begin two-year certification period. new text end 10.5 new text begin A certified building official shall accumulate 16 continuing education units in any new text end 10.6 new text begin education program that is approved under Minnesota Rules, part 1301.1000. new text end 10.7 new text begin A certified building official-limited shall, in each year of the initial two-year new text end 10.8 new text begin certification period, accumulate eight continuing education units in any education program new text end 10.9 new text begin that is approved under Minnesota Rules, part 1301.1000. Continuing education units new text end 10.10 new text begin shall be reported annually during the initial two-year certification period by the method new text end 10.11 new text begin established in rule. A certified building official-limited shall accumulate 16 continuing new text end 10.12 new text begin education units for each two-year certification period thereafter in any education program new text end 10.13 new text begin that is approved under Minnesota Rules, part 1301.1000. new text end 10.14 new text begin An accessibility specialist must accumulate four continuing education units in any new text end 10.15 new text begin of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four new text end 10.16 new text begin units must be for courses relating to building accessibility, plan review, field inspection, new text end 10.17 new text begin or building code administration. new text end 10.18 new text begin Continuing education programs may be approved as established in rule. new text end 10.19     new text begin (b) new text end Subject to sections 326B.101 to 326B.194, the commissioner may by rule 10.20establish or approve continuing education programs for certified building officials dealing 10.21with matters of building code administration, inspection, and enforcement. 10.22    Each person certified as a building official for the state must satisfactorily complete 10.23applicable educational programs established or approved by the commissioner to retain new text begin new text end 10.24 new text begin renew new text end certification. 10.25 new text begin (c) The state building official may grant an extension of time to comply with new text end 10.26 new text begin continuing education requirements if the certificate holder requesting the extension of new text end 10.27 new text begin time shows cause for the extension. The request for the extension must be in writing. For new text end 10.28 new text begin purposes of this section, the certificate holder's current certification effective dates shall new text end 10.29 new text begin remain the same. The extension does not relieve the certificate holder from complying new text end 10.30 new text begin with the continuing education requirements for the next two-year period. new text end 10.31    Sec. 14. Minnesota Statutes 2008, section 326B.133, subdivision 11, is amended to 10.32read: 10.33    Subd. 11. Failure to renew. An individual who has failed to make a timely 10.34application for renewal of a certificate is not certified and must not serve as the designated 10.35building official for any municipality new text begin , or a certified building official, a certified building new text end 11.1 new text begin official-limited, or an accessibility specialist new text end until a renewed certificate has been issued by 11.2the commissioner. 11.3    Sec. 15. Minnesota Statutes 2008, section 326B.197, is amended to read: 11.4326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS. 11.5    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 11.6fuel burning, or refrigeration work must give new text begin and maintain new text end bond to the state in the amount 11.7of $25,000 for all work entered into within the state. The bond must be for the benefit of 11.8persons suffering financial loss by reason of the contractor's failure to comply with the 11.9requirements of the State Mechanical Code. A bond given to the state must be filed with 11.10the commissioner of labor and industry and is in lieu of all other bonds to any political 11.11subdivision required for work covered by this section. The bond must be written by a 11.12corporate surety licensed to do business in the state. 11.13    (b) The commissioner of labor and industry may charge each person giving bond 11.14under this section an annual new text begin a biennial new text end bond filing fee of $15 new text begin $100 new text end . 11.15    Sec. 16. Minnesota Statutes 2008, section 326B.33, subdivision 18, is amended to read: 11.16    Subd. 18. Examination. In addition to the other requirements described in this 11.17section new text begin and sections 326B.091 to 326B.098, new text end and except as provided in subdivision 20, as a 11.18precondition to issuance of a personal license, each applicant must pass a written or oral 11.19examination developed and administered by the commissioner to ensure the competence of 11.20each applicant for license. An oral examination shall be administered only to an applicant 11.21who furnishes a written statement from a certified teacher or other professional, trained in 11.22the area of reading disabilities stating that the applicant has a specific reading disability 11.23which would prevent the applicant from performing satisfactorily on a written test. The 11.24oral examination shall be structured so that an applicant who passes the examination 11.25will not impair the applicant's own safety or that of others while acting as a licensed 11.26individual. No individual failing an examination may retake it for six months thereafter, 11.27but within such six months the individual may take an examination for a lesser grade of 11.28license. Any individual failing to renew a personal license for two years or more after its 11.29expiration, and any licensee whose personal license is revoked under this chapter, shall 11.30be required to retake the examination before being issued a new license. An individual 11.31whose personal license is revoked under any other chapter is not required to retake the 11.32examination before being issued a new license, unless the personal license was revoked 11.33two years or more before the commissioner received the completed application for a new 11.34license. A licensee whose personal license is suspended for any reason is not required to 12.1retake the examination before the personal license is reinstated, unless the personal license 12.2has not been reinstated within two years after the suspension began. 12.3    An applicant for a personal license shall submit to the commissioner an application 12.4and examination fee at the time of application. Upon approval of the application, the 12.5commissioner shall schedule the applicant for the next available examination, which shall 12.6be held within 60 days. The applicant shall be allowed one opportunity to reschedule 12.7an examination without being required to submit another application and examination 12.8fee. Additionally, an applicant who fails an examination, or whose application was not 12.9approved, shall submit another application and examination fee. 12.10    Sec. 17. Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19, 12.11is amended to read: 12.12    Subd. 19. License, registration, and renewal fees; expiration. (a) Unless 12.13revoked or suspended under this chapter, all licenses issued or renewed under this section 12.14expire on the date specified in this subdivision. Master licenses expire March 1 of each 12.15odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 12.161 of each even-numbered year after issuance or renewal. Technology system contractor 12.17licenses expire August 1 of each even-numbered year after issuance or renewal. All 12.18other personal licenses expire two years from the date of original issuance and every two 12.19years thereafter. Registrations of unlicensed individuals expire one year from the date of 12.20original issuance and every year thereafter. 12.21    (b) Fees for application and examination, and for the original issuance and each 12.22subsequent renewal, are: 12.23    (1) For each personal license application and examination: $35; 12.24    (2) For original issuance and each subsequent renewal of: 12.25    Class A Master or master special electrician, including master elevator constructor: 12.26$40 per year; 12.27    Class B Master: $25 per year; 12.28    Power Limited Technician: $15 per year; 12.29    Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman, 12.30or Maintenance Electrician other than master special electrician: $15 per year; 12.31    Contractor: $100 per year; 12.32    Unlicensed individual registration: $15 per year. 12.33    (c) If any new license is issued in accordance with this subdivision for less than two 12.34years, the fee for the license shall be prorated on an annual basis. 13.1    (d) A license fee may not be refunded after a license is issued or renewed. However, 13.2if the fee paid for a license was not prorated in accordance with this subdivision, the 13.3amount of the overpayment shall be refunded. 13.4    (e) Any contractor who seeks reissuance of a license after it has been revoked or 13.5suspended under this chapter shall submit a reissuance fee of $100 before the license is 13.6reinstated. 13.7    (f) An individual or contractor who fails to renew a license before 30 days after the 13.8expiration or registration of the license must submit a late fee equal to one year's license 13.9fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not 13.10prorated. An individual or contractor that fails to renew a license or registration by the 13.11expiration date is unlicensed until the license or registration is renewed. 13.12 new text begin (b) For purposes of calculating license fees and renewal license fees required under new text end 13.13 new text begin section 326B.092: new text end 13.14 new text begin (1) the registration of an unlicensed individual under subdivision 12 shall be new text end 13.15 new text begin considered an entry level license; new text end 13.16 new text begin (2) the following licenses shall be considered journeyman licenses: Class A new text end 13.17 new text begin journeyman electrician, Class B journeyman electrician, Class A installer, Class B installer, new text end 13.18 new text begin elevator constructor, lineman, maintenance electrician, and power limited technician; new text end 13.19 new text begin (3) the following licenses shall be considered master licenses: Class A master new text end 13.20 new text begin electrician, Class B master electrician, and master elevator constructor; and new text end 13.21 new text begin (4) the following licenses shall be considered business licenses: Class A electrical new text end 13.22 new text begin contractor, Class B electrical contractor, elevator contractor, and technology systems new text end 13.23 new text begin contractor. new text end 13.24 new text begin (c) For each filing of a certificate of responsible person by an employer, the fee is new text end 13.25 new text begin $100. new text end 13.26    Sec. 18. Minnesota Statutes 2008, section 326B.33, subdivision 20, is amended to read: 13.27    Subd. 20. Reciprocity. The commissioner may enter into reciprocity agreements 13.28for personal licenses with another state if approved by the board. Once approved by the 13.29board, the commissioner may issue a personal license without requiring the applicant to 13.30pass an examination provided the applicant: 13.31    (a) submits an application under this section; 13.32    (b) pays the new text begin application and examination new text end fee new text begin and license fee new text end required under this 13.33section new text begin 326B.092 new text end ; and 13.34    (c) holds a valid comparable license in the state participating in the agreement. 13.35    Agreements are subject to the following: 14.1    (1) The parties to the agreement must administer a statewide licensing program that 14.2includes examination and qualifying experience or training comparable to Minnesota's. 14.3    (2) The experience and training requirements under which an individual applicant 14.4qualified for examination in the qualifying state must be deemed equal to or greater than 14.5required for an applicant making application in Minnesota at the time the applicant 14.6acquired the license in the qualifying state. 14.7    (3) The applicant must have acquired the license in the qualifying state through an 14.8examination deemed equivalent to the same class of license examination in Minnesota. 14.9A lesser class of license may be granted where the applicant has acquired a greater 14.10class of license in the qualifying state and the applicant otherwise meets the conditions 14.11of this subdivision. 14.12    (4) At the time of application, the applicant must hold a valid license in the 14.13qualifying state and have held the license continuously for at least one year before making 14.14application in Minnesota. 14.15    (5) An applicant is not eligible for a license under this subdivision if the applicant 14.16has failed the same or greater class of license examination in Minnesota, or if the 14.17applicant's license of the same or greater class has been revoked or suspended. 14.18    (6) An applicant who has failed to renew a personal license for two years or more 14.19after its expiration is not eligible for a license under this subdivision. 14.20    Sec. 19. Minnesota Statutes 2008, section 326B.33, subdivision 21, is amended to read: 14.21    Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance 14.22electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 14.23if: 14.24    (1) the individual is engaged in the maintenance and repair of electrical equipment, 14.25apparatus, and facilities that are owned or leased by the individual's employer and that are 14.26located within the limits of property operated, maintained, and either owned or leased by 14.27the individual's employer; 14.28    (2) the individual is supervised by: 14.29    (i) the responsible master electrician for a contractor who has contracted with the 14.30individual's employer to provide services for which a contractor's license is required; or 14.31    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical 14.32engineer, or, if the maintenance and repair work is limited to technology circuits or 14.33systems work, a licensed power limited technician; and 14.34    (3) the individual's employer has filed new text begin on file new text end with the commissioner a new text begin current new text end 14.35certificate of responsible person, signed by the responsible master electrician of the 15.1contractor, the licensed master electrician, the licensed maintenance electrician, the 15.2electrical engineer, or the licensed power limited technician, and stating that the person 15.3signing the certificate is responsible for ensuring that the maintenance and repair work 15.4performed by the employer's employees complies with the Minnesota Electrical Act and 15.5the rules adopted under that act. new text begin The employer must pay a filing fee to file a certificate of new text end 15.6 new text begin responsible person with the commissioner. The certificate shall expire two years from the new text end 15.7 new text begin date of filing. In order to maintain a current certificate of responsible person, the employer new text end 15.8 new text begin must resubmit a certificate of responsible person, with a filing fee, no later than two years new text end 15.9 new text begin from the date of the previous submittal. new text end 15.10    (b) Employees of a licensed electrical or technology systems contractor or other 15.11employer where provided with supervision by a master electrician in accordance with 15.12subdivision 1, or power limited technician in accordance with subdivision 7, paragraph 15.13(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399 15.14for the planning, laying out, installing, altering, and repairing of technology circuits or 15.15systems except planning, laying out, or installing: 15.16    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that 15.17control circuits or systems other than class 2 or class 3, except circuits that interconnect 15.18these systems through communication, alarm, and security systems are exempted from 15.19this paragraph; 15.20    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 15.21physically unprotected circuits other than class 2 or class 3; or 15.22    (3) technology circuits or systems in hazardous classified locations as covered by 15.23chapter 5 of the National Electrical Code. 15.24    (c) Companies and their employees that plan, lay out, install, alter, or repair class 15.252 and class 3 remote control wiring associated with plug or cord and plug connected 15.26appliances other than security or fire alarm systems installed in a residential dwelling are 15.27not required to hold a license under sections 326B.31 to 326B.399. 15.28    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their 15.29employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 15.30when performing heating, ventilating, air conditioning, or refrigeration work as described 15.31in section 326B.38. 15.32    (e) Employees of any electrical, communications, or railway utility, cable 15.33communications company as defined in section 238.02, or a telephone company as defined 15.34under section 237.01 or its employees, or of any independent contractor performing work 15.35on behalf of any such utility, cable communications company, or telephone company, shall 15.36not be required to hold a license under sections 326B.31 to 326B.399: 16.1    (1) while performing work on installations, materials, or equipment which are owned 16.2or leased, and operated and maintained by such utility, cable communications company, or 16.3telephone company in the exercise of its utility, antenna, or telephone function, and which 16.4    (i) are used exclusively for the generation, transformation, distribution, transmission, 16.5or metering of electric current, or the operation of railway signals, or the transmission 16.6of intelligence and do not have as a principal function the consumption or use of electric 16.7current or provided service by or for the benefit of any person other than such utility, cable 16.8communications company, or telephone company, and 16.9    (ii) are generally accessible only to employees of such utility, cable communications 16.10company, or telephone company or persons acting under its control or direction, and 16.11    (iii) are not on the load side of the service point or point of entrance for 16.12communication systems; 16.13    (2) while performing work on installations, materials, or equipment which are a part 16.14of the street lighting operations of such utility; or 16.15    (3) while installing or performing work on outdoor area lights which are directly 16.16connected to a utility's distribution system and located upon the utility's distribution poles, 16.17and which are generally accessible only to employees of such utility or persons acting 16.18under its control or direction. 16.19    (f) An owner shall not be required to hold or obtain a license under sections 326B.31 16.20to 326B.399. 16.21    Sec. 20. Minnesota Statutes 2008, section 326B.42, is amended by adding a 16.22subdivision to read: 16.23     new text begin Subd. 1a. new text end new text begin Contractor. new text end new text begin "Contractor" means a person who performs or offers new text end 16.24 new text begin to perform any plumbing work, with or without compensation, who is licensed as a new text end 16.25 new text begin contractor by the commissioner. Contractor includes plumbing contractors and restricted new text end 16.26 new text begin plumbing contractors. new text end 16.27    Sec. 21. Minnesota Statutes 2008, section 326B.42, is amended by adding a 16.28subdivision to read: 16.29     new text begin Subd. 8. new text end new text begin Plumbing contractor. new text end new text begin "Plumbing contractor" means a licensed contractor new text end 16.30 new text begin whose responsible licensed plumber is a licensed master plumber. new text end 16.31    Sec. 22. Minnesota Statutes 2008, section 326B.42, is amended by adding a 16.32subdivision to read: 17.1     new text begin Subd. 9. new text end new text begin Responsible licensed plumber. new text end new text begin A contractor's "responsible licensed new text end 17.2 new text begin plumber" means the licensed master plumber or licensed restricted master plumber new text end 17.3 new text begin designated in writing by the contractor in the contractor's license application, or in another new text end 17.4 new text begin manner acceptable to the commissioner, as the individual responsible for the contractor's new text end 17.5 new text begin compliance with sections 326B.41 to 326B.49, all rules adopted under these sections and new text end 17.6 new text begin sections 326B.50 to 326B.59, and all orders issued under section 326B.082. new text end 17.7    Sec. 23. Minnesota Statutes 2008, section 326B.42, is amended by adding a 17.8subdivision to read: 17.9     new text begin Subd. 10. new text end new text begin Restricted plumbing contractor. new text end new text begin "Restricted plumbing contractor" new text end 17.10 new text begin means a licensed contractor whose responsible licensed plumber is a licensed restricted new text end 17.11 new text begin master plumber. new text end 17.12    Sec. 24. Minnesota Statutes 2008, section 326B.44, is amended to read: 17.13326B.44 LOCAL REGULATIONS. 17.14     Any of the following entities may, by ordinance, adopt local regulations providing 17.15for plumbing permits, approval of plans and specifications, and inspections of plumbing, 17.16which regulations are not in conflict with the plumbing code: any city having a system 17.17of waterworks or sewerage, regardless of population; any town having a population of 17.185,000 or more according to the last federal census, exclusive of any statutory cities 17.19located therein; and the Metropolitan Airports Commission. No such entity shall prohibit 17.20plumbers new text begin plumbing contractors new text end licensed by the commissioner from engaging in or working 17.21at the business of plumbing, except cities and statutory cities which, prior to April 21, 17.221933, by ordinance required the licensing of plumbers. No such entity shall require any 17.23person who engages in the business of plumbing to post a bond as a prerequisite for 17.24engaging in the business of plumbing, except the bond to the state required under section 17.25326B.46 and except any performance bond required under a contract with the person 17.26for the performance of plumbing work for the entity. No such entity shall require any 17.27person who engages in the business of plumbing to maintain public liability insurance 17.28as a prerequisite for engaging in the business of plumbing, except the insurance required 17.29under section 326B.46 and except any public liability insurance required under a contract 17.30with the person for the performance of plumbing work for the entity. No city or town may 17.31require a license for persons performing building sewer or water service installation who 17.32have completed pipe laying training as prescribed by the commissioner of labor and 17.33industry. Any city by ordinance may prescribe regulations, reasonable standards, and 17.34inspections and grant permits to any person engaged in the business of installing water 18.1softeners, who is not licensed as a master plumber or journeyman plumber new text begin contractor new text end by 18.2the commissioner, to connect water softening and water filtering equipment to private 18.3residence water distribution systems, where provision has been previously made therefor 18.4and openings left for that purpose or by use of cold water connections to a domestic 18.5water heater; where it is not necessary to rearrange, make any extension or alteration of, 18.6or addition to any pipe, fixture or plumbing connected with the water system except to 18.7connect the water softener, and provided the connections so made comply with minimum 18.8standards prescribed by the Plumbing Board. 18.9    Sec. 25. Minnesota Statutes 2008, section 326B.46, as amended by Laws 2009, chapter 18.1078, article 5, section 14, and chapter 109, section 13, is amended to read: 18.11326B.46 LICENSING, BOND AND INSURANCE. 18.12    Subdivision 1. License required. (a) No person new text begin individual new text end shall engage in or work 18.13at the business of a master plumber, restricted master plumber, journeyman plumber, 18.14and restricted journeyman plumber unless licensed to do so by the state commissioner. 18.15A license is not required for individuals performing building sewer or water service 18.16installation who have completed pipe laying training as prescribed by the commissioner 18.17of labor and industry. A master plumber may also work as a journeyman plumber, a 18.18restricted journeyman plumber, and a restricted master plumber. A journeyman plumber 18.19may also work as a restricted journeyman plumber. Anyone not so licensed may do 18.20plumbing work which complies with the provisions of the minimum standards prescribed 18.21by the Plumbing Board on premises or that part of premises owned and actually occupied 18.22by the worker as a residence, unless otherwise forbidden to do so by a local ordinance. 18.23    (b) No person shall engage in the business of planning, superintending, or installing 18.24plumbing or shall install plumbing in connection with the dealing in and selling of 18.25plumbing material and supplies unless at all times a licensed master plumber, or in cities 18.26and towns with a population of fewer than 5,000 according to the new text begin last new text end federal census, a 18.27restricted master plumber, who shall be responsible for proper installation, is in charge 18.28of the plumbing work of the person, firm, or corporation. 18.29 new text begin (c) Except as provided in subdivision 2, no person shall perform or offer to perform new text end 18.30 new text begin plumbing work with or without compensation unless the person obtains a contractor's new text end 18.31 new text begin license. A contractor's license does not of itself qualify its holder to perform the plumbing new text end 18.32 new text begin work authorized by holding a master, journeyman, restricted master, or restricted new text end 18.33 new text begin journeyman license. new text end 19.1     new text begin Subd. 1a. new text end new text begin Exemptions from licensing. new text end new text begin (a) An individual without a contractor new text end 19.2 new text begin license may do plumbing work on the individual's residence in accordance with new text end 19.3 new text begin subdivision 1, paragraph (a). new text end 19.4 new text begin (b) An individual who is an employee working on the maintenance and repair of new text end 19.5 new text begin plumbing equipment, apparatus, or facilities owned or leased by the individual's employer new text end 19.6 new text begin and which is within the limits of property owned or leased, and operated or maintained by new text end 19.7 new text begin the individual's employer, shall not be required to maintain a contractor license as long new text end 19.8 new text begin as the employer has on file with the commissioner a current certificate of responsible new text end 19.9 new text begin person. The certificate must be signed by the responsible master plumber or, in an area of new text end 19.10 new text begin the state that is not a city or town with a population of more than 5,000 according to the new text end 19.11 new text begin last federal census, restricted master plumber, and must state that the person signing the new text end 19.12 new text begin certificate is responsible for ensuring that the maintenance and repair work performed by new text end 19.13 new text begin the employer's employees comply with sections 326B.41 to 326B.49, all rules adopted new text end 19.14 new text begin under those sections and sections 326B.50 to 326B.59, and all orders issued under section new text end 19.15 new text begin 326B.082. The employer must pay a filing fee to file a certificate of responsible person new text end 19.16 new text begin with the commissioner. The certificate shall expire two years from the date of filing. In new text end 19.17 new text begin order to maintain a current certificate of responsible person, the employer must resubmit a new text end 19.18 new text begin certificate of responsible person, with a filing fee, no later than two years from the date of new text end 19.19 new text begin the previous submittal. The filing of the certificate of responsible person does not exempt new text end 19.20 new text begin any employee of the employer from the requirements of this chapter regarding individual new text end 19.21 new text begin licensing as a plumber or registration as a plumber's apprentice. new text end 19.22 new text begin (c) If a contractor employs a licensed plumber, the licensed plumber does not need a new text end 19.23 new text begin separate contractor license to perform plumbing work on behalf of the employer within new text end 19.24 new text begin the scope of the licensed plumber's license. new text end 19.25     new text begin Subd. 1b. new text end new text begin Employment of master plumber or restricted master plumber. new text end new text begin (a) new text end 19.26 new text begin Each contractor must designate a responsible licensed plumber, who shall be responsible new text end 19.27 new text begin for the performance of all plumbing work in accordance with sections 326B.41 to new text end 19.28 new text begin 326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all new text end 19.29 new text begin orders issued under section 326B.082. A plumbing contractor's responsible licensed new text end 19.30 new text begin plumber must be a master plumber. A restricted plumbing contractor's responsible licensed new text end 19.31 new text begin plumber must be a master plumber or a restricted master plumber. A plumbing contractor new text end 19.32 new text begin license authorizes the contractor to offer to perform and, through licensed and registered new text end 19.33 new text begin individuals, to perform plumbing work in all areas of the state. A restricted plumbing new text end 19.34 new text begin contractor license authorizes the contractor to offer to perform and, through licensed and new text end 19.35 new text begin registered individuals, to perform plumbing work in all areas of the state except in cities new text end 19.36 new text begin and towns with a population of more than 5,000 according to the last federal census. new text end 20.1 new text begin (b) If the contractor is an individual or sole proprietorship, the responsible licensed new text end 20.2 new text begin plumber must be the individual, proprietor, or managing employee. If the contractor is new text end 20.3 new text begin a partnership, the responsible licensed plumber must be a general partner or managing new text end 20.4 new text begin employee. If the contractor is a limited liability company, the responsible licensed plumber new text end 20.5 new text begin must be a chief manager or managing employee. If the contractor is a corporation, the new text end 20.6 new text begin responsible licensed plumber must be an officer or managing employee. If the responsible new text end 20.7 new text begin licensed plumber is a managing employee, the responsible licensed plumber must be new text end 20.8 new text begin actively engaged in performing plumbing work on behalf of the contractor, and cannot be new text end 20.9 new text begin employed in any capacity as a plumber for any other contractor. An individual may be new text end 20.10 new text begin the responsible licensed plumber for only one contractor. new text end 20.11 new text begin (c) All applications and renewals for contractor licenses shall include a verified new text end 20.12 new text begin statement that the applicant or licensee has complied with this subdivision. new text end 20.13    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give 20.14 new text begin As a condition of licensing, each contractor shall give and maintain new text end bond to the state in the 20.15amount of at least $25,000 for (1) all plumbing work entered into within the state or (2) 20.16all plumbing work and subsurface sewage treatment work entered into within the state. 20.17If the bond is for both plumbing work and subsurface sewage treatment work, the bond 20.18must comply with the requirements of this section and section 115.56, subdivision 2, 20.19paragraph (e). The bond shall be for the benefit of persons injured or suffering financial 20.20loss by reason of failure to comply with the requirements of the State Plumbing Code and, 20.21if the bond is for both plumbing work and subsurface sewage treatment work, financial 20.22loss by reason of failure to comply with the requirements of sections 115.55 and 115.56. 20.23The bond shall be filed with the commissioner and shall be written by a corporate surety 20.24licensed to do business in the state. 20.25    In addition, each applicant for a master plumber license or restricted master plumber 20.26license, or renewal thereof, shall provide evidence of new text begin as a condition of licensing, each new text end 20.27 new text begin contractor shall have and maintain in effect new text end public liability insurance, including products 20.28liability insurance with limits of at least $50,000 per person and $100,000 per occurrence 20.29and property damage insurance with limits of at least $10,000. The insurance shall be 20.30written by an insurer licensed to do business in the state of Minnesota and each licensed 20.31master plumber shall maintain on file with the commissioner a certificate evidencing the 20.32insurance providing that the insurance shall not be canceled without the insurer first giving 20.3315 days written notice to the commissioner. The term of the insurance shall be concurrent 20.34with the term of the license. 20.35    Subd. 3. Bond and insurance exemption. If a master plumber or restricted master 20.36plumber who is in compliance with the bond and insurance requirements of subdivision 2, 21.1employs a licensed plumber, the employee plumber shall not be required to meet the bond 21.2and insurance requirements of subdivision 2. An individual who is an employee working 21.3on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or 21.4leased by the individual's employer and which is within the limits of property owned or 21.5leased, and operated or maintained by the individual's employer, shall not be required to 21.6meet the bond and insurance requirements of subdivision 2. 21.7    Subd. 4. Fee. (a) Each person giving bond to the state under subdivision 2 shall pay 21.8the department a bond registration fee of $40 for one year or $80 for two years. 21.9(b) The commissioner shall in a manner determined by the commissioner, without 21.10the need for any rulemaking under chapter 14, phase in the bond registration from one year 21.11to two years so that the expiration of bond registration corresponds with the expiration of 21.12the license issued under section or 326B.49, subdivision 1. 21.13    Subd. 5. Exterior connections. Persons licensed as manufactured home installers 21.14under chapter 327B are not required to be licensed under sections 326B.42 to 326B.49 21.15when connecting the exterior building drain sewer outlets to the aboveground building 21.16sewer system and when connecting the exterior water line to the aboveground water 21.17system to the manufactured home as described in National Manufactured Housing 21.18Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401 21.19et seq. No additional licensure, bond, or insurance related to the scope of work permitted 21.20under this subdivision may be required of a licensed manufactured home installer by 21.21any unit of government. 21.22    Sec. 26. Minnesota Statutes 2008, section 326B.47, is amended to read: 21.23326B.47 PLUMBER'S APPRENTICES. 21.24    Subdivision 1. Registration new text begin ; supervision; records new text end . new text begin (a) new text end All plumber's apprentices 21.25must be registered. To be a registered plumber's apprentice, an individual must either: 21.26    (1) be an individual employed in the trade of plumbing under an apprenticeship 21.27agreement approved by the department under Minnesota Rules, part 5200.0300; or 21.28    (2) be an unlicensed individual registered with the commissioner under subdivision 21.293. 21.30 new text begin (b) new text end A plumber's apprentice is authorized to assist in the installation of plumbing 21.31only while under the direct supervision of a master, restricted master, journeyman, or 21.32restricted journeyman plumber. The master, restricted master, journeyman, or restricted 21.33journeyman plumber is responsible for ensuring that all plumbing work performed by the 21.34plumber's apprentice complies with the plumbing code. new text begin The supervising master, restricted new text end 21.35 new text begin master, journeyman, or restricted journeyman must be licensed and must be employed new text end 22.1 new text begin by the same employer as the plumber's apprentice. Licensed individuals shall not permit new text end 22.2 new text begin plumber's apprentices to perform plumbing work except under the direct supervision of new text end 22.3 new text begin an individual actually licensed to perform such work. Plumber's apprentices shall not new text end 22.4 new text begin supervise the performance of plumbing work or make assignments of plumbing work new text end 22.5 new text begin to unlicensed individuals. new text end 22.6 new text begin (c) Contractors employing plumber's apprentices to perform plumbing work shall new text end 22.7 new text begin maintain records establishing compliance with this subdivision that shall identify all new text end 22.8 new text begin plumber's apprentices performing plumbing work, and shall permit the department to new text end 22.9 new text begin examine and copy all such records. new text end 22.10    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four 22.11years of practical plumbing experience is eligible to take the journeyman plumbing 22.12examination. Up to 24 months of practical plumbing experience prior to becoming a 22.13plumber's apprentice may be applied to the four-year experience requirement. However, 22.14none of this practical plumbing experience may be applied if the individual did not have 22.15any practical plumbing experience in the 12-month period immediately prior to becoming 22.16a plumber's apprentice. The Plumbing Board may adopt rules to evaluate whether 22.17the individual's past practical plumbing experience is applicable in preparing for the 22.18journeyman's examination. If two years after completing the training the individual has 22.19not taken the examination, the four years of experience shall be forfeited. 22.20    The commissioner may allow an extension of the two-year period for taking the 22.21exam for cases of hardship or other appropriate circumstances. 22.22    Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed 22.23individual may register by completing and submitting to the commissioner a registration new text begin new text end 22.24 new text begin an application new text end form provided by the commissioner new text begin , with all fees required by section new text end 22.25 new text begin 326B.092 new text end . A completed registration new text begin application new text end form must state the date the individual 22.26began training, the individual's age, schooling, previous experience, and employer, 22.27and other information required by the commissioner. The board may prescribe rules, 22.28not inconsistent with this section, for the registration of unlicensed individuals. Each 22.29applicant for initial registration as a plumber's apprentice shall pay the department an 22.30application fee of $25. Applications for initial registration may be submitted at any time. 22.31Registration must be renewed annually and shall be for the period from July 1 of each year 22.32to June 30 of the following year. Applications for renewal registration must be received 22.33by the commissioner by June 30 of each registration period on forms provided by the 22.34commissioner, and must be accompanied by a fee of $25. An application for renewal 22.35registration received on or after July 1 in any year but no more than three months after 22.36expiration of the previously issued registration must pay the past due renewal fee plus a 23.1late fee of $25. No applications for renewal registration will be accepted more than three 23.2months after expiration of the previously issued registration. 23.3    Sec. 27. Minnesota Statutes 2008, section 326B.475, subdivision 2, is amended to read: 23.4    Subd. 2. Use of license. A restricted master plumber and restricted journeyman 23.5plumber may engage in the plumbing trade in all areas of the state except in cities and 23.6towns with a population of more than 5,000 according to the new text begin last new text end federal census. 23.7    Sec. 28. Minnesota Statutes 2009 Supplement, section 326B.475, subdivision 4, 23.8is amended to read: 23.9    Subd. 4. Renewal; use period for license. (a) A restricted master plumber and 23.10restricted journeyman plumber license must be renewed for as long as that licensee 23.11engages in the plumbing trade. new text begin Notwithstanding section 326B.094, new text end failure to renew a 23.12restricted master plumber and restricted journeyman plumber license within 12 months 23.13after the expiration date will result in permanent forfeiture of the restricted master plumber 23.14and restricted journeyman plumber license. 23.15(b) The commissioner shall in a manner determined by the commissioner, without 23.16the need for any rulemaking under chapter 14, phase in the renewal of restricted master 23.17plumber and restricted journeyman plumber licenses from one year to two years. By 23.18June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses 23.19shall be two-year licenses. 23.20    Sec. 29. Minnesota Statutes 2009 Supplement, section 326B.49, subdivision 1, is 23.21amended to read: 23.22    Subdivision 1. Application, examination, and license fees. (a) Applications for 23.23 new text begin master and journeyman new text end plumber's license new text begin licenses new text end shall be made to the commissioner, with 23.24fee new text begin all fees required by section 326B.092 new text end . Unless the applicant is entitled to a renewal, 23.25the applicant shall be licensed by the commissioner only after passing a satisfactory 23.26examination developed and administered by the commissioner, based upon rules adopted 23.27by the Plumbing Board, showing fitness. Examination fees for both journeyman and 23.28master plumbers shall be $50 for each examination. Upon being notified of having 23.29successfully passed the examination for original license the applicant shall submit an 23.30application, with the license fee herein provided. The license fee for each initial master 23.31plumber's license shall be $240. The license fee for each initial journeyman plumber's 23.32license shall be $110. 24.1(b) All initial master and journeyman plumber's licenses shall be effective for more 24.2than one calendar year and shall expire on December 31 of the year after the year in which 24.3the application is made. The license fee for each renewal master plumber's license shall be 24.4$120 for one year or $240 for two years. The license fee for each renewal journeyman 24.5plumber's license shall be $55 for one year or $110 for two years. new text begin All master plumber's new text end 24.6 new text begin licenses shall expire on December 31 of each even-numbered year after issuance or new text end 24.7 new text begin renewal. new text end The commissioner shall in a manner determined by the commissioner, without 24.8the need for any rulemaking under chapter 14, phase in the renewal of master and 24.9journeyman plumber's licenses from one year to two years. By June 30, 2011, all renewed 24.10master and journeyman plumber's licenses shall be two-year licenses. 24.11(c) Any licensee who does not renew a license within two years after the license 24.12expires is no longer eligible for renewal. Such an individual must retake and pass the 24.13examination before a new license will be issued. A journeyman or master plumber who 24.14submits a license renewal application after the time specified in rule but within two 24.15years after the license expired must pay all past due renewal fees plus a late fee of $25. new text begin new text end 24.16 new text begin Applications for contractor licenses shall be made to the commissioner, with all fees new text end 24.17 new text begin required by section 326B.092. All contractor licenses shall expire on December 31 of each new text end 24.18 new text begin odd-numbered year after issuance or renewal. new text end 24.19 new text begin (d) For purposes of calculating license fees and renewal license fees required under new text end 24.20 new text begin section 326B.092: new text end 24.21 new text begin (1) the following licenses shall be considered business licenses: plumbing contractor new text end 24.22 new text begin and restricted plumbing contractor; new text end 24.23 new text begin (2) the following licenses shall be considered master licenses: master plumber and new text end 24.24 new text begin restricted master plumber; new text end 24.25 new text begin (3) the following licenses shall be considered journeyman licenses: journeyman new text end 24.26 new text begin plumber and restricted journeyman plumber; and new text end 24.27 new text begin (4) the registration of a plumber's apprentice under section 326B.47, subdivision 3, new text end 24.28 new text begin shall be considered an entry level license. new text end 24.29 new text begin (e) For each filing of a certificate of responsible person by an employer, the fee is new text end 24.30 new text begin $100. new text end 24.31    Sec. 30. Minnesota Statutes 2008, section 326B.50, is amended by adding a 24.32subdivision to read: 24.33     new text begin Subd. 1a. new text end new text begin Responsible licensed master. new text end new text begin "Responsible licensed master" means the new text end 24.34 new text begin licensed water conditioning master or licensed master plumber designated in writing by new text end 24.35 new text begin the water conditioning contractor in the water conditioning contractor's license application, new text end 25.1 new text begin or in another manner acceptable to the commissioner, as the individual responsible for new text end 25.2 new text begin the water conditioning contractor's compliance with sections 326B.50 to 326B.59, all new text end 25.3 new text begin rules adopted under these sections, the Minnesota Plumbing Code, and all orders issued new text end 25.4 new text begin under section 326B.082. new text end 25.5    Sec. 31. Minnesota Statutes 2008, section 326B.50, is amended by adding a 25.6subdivision to read: 25.7     new text begin Subd. 2a. new text end new text begin Water conditioning contractor. new text end new text begin "Water conditioning contractor" new text end 25.8 new text begin means a person who performs or offers to perform any water conditioning installation or new text end 25.9 new text begin water conditioning servicing, with or without compensation, who is licensed as a water new text end 25.10 new text begin conditioning contractor by the commissioner. new text end 25.11    Sec. 32. Minnesota Statutes 2008, section 326B.50, is amended by adding a 25.12subdivision to read: 25.13     new text begin Subd. 3a. new text end new text begin Water conditioning journeyman. new text end new text begin "Water conditioning journeyman" new text end 25.14 new text begin means an individual, other than a water conditioning master, who has demonstrated new text end 25.15 new text begin practical knowledge of water conditioning installation and servicing, and who is licensed new text end 25.16 new text begin by the commissioner as a water conditioning journeyman. new text end 25.17    Sec. 33. Minnesota Statutes 2008, section 326B.50, is amended by adding a 25.18subdivision to read: 25.19     new text begin Subd. 3b. new text end new text begin Water conditioning master. new text end new text begin "Water conditioning master" means new text end 25.20 new text begin an individual who has demonstrated skill in planning, superintending, installing, and new text end 25.21 new text begin servicing water conditioning installations, and who is licensed by the commissioner as a new text end 25.22 new text begin water conditioning master. new text end 25.23    Sec. 34. Minnesota Statutes 2008, section 326B.54, is amended to read: 25.24326B.54 VIOLATIONS TO BE REPORTED TO COMMISSIONER. 25.25    Such local authority as may be designated by any such ordinance for the issuance 25.26of such water conditioning installation and servicing permits and approval of such plans 25.27shall report to the commissioner persistent or willful violations of the same and any 25.28incompetence of a licensed water conditioning contractor new text begin , licensed water conditioning new text end 25.29 new text begin master, new text end or licensed water conditioning installer new text begin journeyman new text end observed by the local authority. 26.1    Sec. 35. Minnesota Statutes 2008, section 326B.55, as amended by 2010 H.F. No. 927, 26.2section 13, if enacted, is amended to read: 26.3326B.55 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES. 26.4    Subdivision 1. Licensing. new text begin (a) Except as provided in paragraph (d), no individual new text end 26.5 new text begin shall perform water conditioning installation or water conditioning servicing unless new text end 26.6 new text begin licensed by the commissioner as a master plumber, journeyman plumber, water new text end 26.7 new text begin conditioning master, or water conditioning journeyman, or, in all areas of the state except new text end 26.8 new text begin in cities and towns with a population of more than 5,000 according to the last federal new text end 26.9 new text begin census, as a restricted master plumber or restricted journeyman plumber. new text end 26.10 new text begin (b) Except as provided in paragraph (e), no person shall perform or offer to new text end 26.11 new text begin perform water conditioning installation or water conditioning servicing with or without new text end 26.12 new text begin compensation unless the person obtains a water conditioning contractor's license. A water new text end 26.13 new text begin conditioning contractor's license does not of itself qualify its holder to perform the water new text end 26.14 new text begin conditioning installation or water conditioning servicing authorized by holding a water new text end 26.15 new text begin conditioning master or water conditioning journeyman license. new text end 26.16 new text begin (c) Except as provided in paragraph (d), new text end no person shall engage in or work at the 26.17business of water conditioning installation or servicing anywhere in the state unless (1) 26.18at all times an individual licensed as a new text begin master plumber or new text end water conditioning contractor new text begin new text end 26.19 new text begin master new text end by the commissioner shall be new text begin , who is new text end responsible for the proper new text begin installation and new text end 26.20 new text begin servicing, is in charge of the new text end water conditioning installation and servicing work of such 26.21person, and (2) all installations, other than new text begin . new text end 26.22 new text begin If a water conditioning contractor employs a licensed master, restricted master, new text end 26.23 new text begin journeyman or restricted journeyman plumber, or a licensed water conditioning master new text end 26.24 new text begin or journeyman, then the licensed individual does not need a separate water conditioning new text end 26.25 new text begin contractor license to perform water conditioning installation or servicing on behalf of the new text end 26.26 new text begin employer within the scope of the individual's plumber license. new text end 26.27 new text begin (d) No water conditioning contractor, water conditioning master, or water new text end 26.28 new text begin conditioning journeyman license is required: new text end 26.29 new text begin (1) for new text end exchanges of portable new text begin water conditioning new text end equipment, are performed by a 26.30licensed water conditioning contractor or licensed water conditioning installer. Any 26.31individual not so licensed may new text begin ; or new text end 26.32 new text begin (2) for an individual to new text end perform water conditioning work that complies with the 26.33minimum standards prescribed by the Plumbing Board on premises or that part of 26.34premises owned and occupied by the worker new text begin individual new text end as a residence, unless otherwise 26.35prohibited by a local ordinance. 27.1    Subd. 2. Qualifications for licensing. new text begin (a) new text end A water conditioning contractor new text begin master new text end 27.2license shall be issued only to an individual who has demonstrated skill in planning, 27.3superintending, and servicing water conditioning installations, and has successfully passed 27.4the examination for water conditioning contractors new text begin masters new text end . A water conditioning installer new text begin new text end 27.5 new text begin journeyman new text end license shall only be issued to an individual other than a water conditioning 27.6contractor new text begin master new text end who has demonstrated practical knowledge of water conditioning 27.7installation, and has successfully passed the examination for water conditioning installers new text begin new text end 27.8 new text begin journeymen new text end . A water conditioning installer new text begin journeyman new text end must successfully pass the 27.9examination for water conditioning contractors new text begin masters new text end before being licensed as a water 27.10conditioning contractor new text begin master new text end . 27.11 new text begin (b) Each water conditioning contractor must designate a responsible licensed master new text end 27.12 new text begin plumber or a responsible licensed water conditioning master, who shall be responsible new text end 27.13 new text begin for the performance of all water conditioning installation and servicing in accordance new text end 27.14 new text begin with the requirements of sections 326B.50 to 326B.59, all rules adopted under these new text end 27.15 new text begin sections, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If new text end 27.16 new text begin the water conditioning contractor is an individual or sole proprietorship, the responsible new text end 27.17 new text begin licensed master must be the individual, proprietor, or managing employee. If the water new text end 27.18 new text begin conditioning contractor is a partnership, the responsible licensed master must be a general new text end 27.19 new text begin partner or managing employee. If the water conditioning contractor is a limited liability new text end 27.20 new text begin company, the responsible licensed master must be a chief manager or managing employee. new text end 27.21 new text begin If the water conditioning contractor is a corporation, the responsible licensed master must new text end 27.22 new text begin be an officer or managing employee. If the responsible licensed master is a managing new text end 27.23 new text begin employee, the responsible licensed master must be actively engaged in performing water new text end 27.24 new text begin conditioning work on behalf of the water conditioning contractor, and cannot be employed new text end 27.25 new text begin in any capacity as a water conditioning master or water conditioning journeyman for any new text end 27.26 new text begin other water conditioning contractor. An individual must not be the responsible licensed new text end 27.27 new text begin master for more than one water conditioning contractor. new text end 27.28 new text begin (c) All applications and renewals for water conditioning contractor licenses shall new text end 27.29 new text begin include a verified statement that the applicant or licensee has complied with paragraph (b). new text end 27.30 new text begin (d) Each application and renewal for a water conditioning master license, water new text end 27.31 new text begin conditioning journeyman license, or a water conditioning contractor license shall be new text end 27.32 new text begin accompanied by all fees required by section 326B.092. new text end 27.33    Subd. 3. Commissioner. The commissioner shall: 27.34    (1) license water conditioning contractors new text begin , water conditioning masters, new text end and installers new text begin new text end 27.35 new text begin water conditioning journeymen new text end ; and 28.1    (2) collect an examination fee from each examinee for a license as a water 28.2conditioning contractor and an examination fee from each examinee for a license as a 28.3water conditioning installer in an amount set forth in section new text begin the fees required by new text end 28.4 new text begin section 326B.092 new text end . 28.5     new text begin Subd. 4. new text end new text begin Plumber's apprentices. new text end new text begin (a) A plumber's apprentice who is registered new text end 28.6 new text begin under section 326B.47 is authorized to assist in water conditioning installation and water new text end 28.7 new text begin conditioning servicing only while under the direct supervision of a master plumber, new text end 28.8 new text begin journeyman plumber, water conditioning master, or water conditioning journeyman. new text end 28.9 new text begin The master or journeyman is responsible for ensuring that all water conditioning work new text end 28.10 new text begin performed by the plumber's apprentice complies with the plumbing code and rules new text end 28.11 new text begin adopted under sections 326B.50 to 326B.59. The supervising master or journeyman must new text end 28.12 new text begin be licensed and must be employed by the same employer as the plumber's apprentice. new text end 28.13 new text begin Licensed individuals shall not permit plumber's apprentices to perform water conditioning new text end 28.14 new text begin work except under the direct supervision of an individual actually licensed to perform new text end 28.15 new text begin such work. Plumber's apprentices shall not supervise the performance of plumbing work new text end 28.16 new text begin or make assignments of plumbing work to unlicensed individuals. new text end 28.17 new text begin (b) Water conditioning contractors employing plumber's apprentices to perform new text end 28.18 new text begin water conditioning work shall maintain records establishing compliance with this new text end 28.19 new text begin subdivision that shall identify all plumber's apprentices performing water conditioning new text end 28.20 new text begin work, and shall permit the department to examine and copy all such records. new text end 28.21    Sec. 36. Minnesota Statutes 2008, section 326B.56, as amended by Laws 2009, chapter 28.2278, article 5, section 18, is amended to read: 28.23326B.56 ALTERNATIVE STATE BONDING AND INSURANCE 28.24REGULATION. 28.25    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or 28.26installer license or renewal thereof who is required by any political subdivision to give a 28.27bond to obtain or maintain the license, may comply with any political subdivision bonding 28.28requirement by giving new text begin As a condition of licensing, each water conditioning contractor new text end 28.29 new text begin shall give and maintain new text end a bond to the state as described in paragraph (b). No applicant for a 28.30water conditioning contractor or installer license who maintains the bond under paragraph 28.31(b) shall be otherwise required to meet the bond requirements of any political subdivision. 28.32    (b) Each bond given to the state under this subdivision shall be in the total sum of 28.33$3,000 conditioned upon the faithful and lawful performance of all water conditioning 28.34contracting or installing work new text begin installation or servicing new text end done within the state. The bond 28.35shall be for the benefit of persons suffering injuries or damages due to the work. The bond 29.1shall be filed with the commissioner and shall be written by a corporate surety licensed to 29.2do business in this state. The bond must remain in effect at all times while the application 29.3is pending and while the license is in effect. 29.4    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or 29.5installer license or renewal thereof who is required by any political subdivision to maintain 29.6insurance to obtain or maintain the license may comply with any political subdivision's 29.7insurance requirement by maintaining new text begin As a condition of licensing, each water conditioning new text end 29.8 new text begin contractor shall have and maintain in effect new text end the insurance described in paragraph (b). 29.9No applicant for a water conditioning contractor or installer license who maintains the 29.10insurance described in paragraph (b) shall be otherwise required to meet the insurance 29.11requirements of any political subdivision. 29.12    (b) The insurance shall provide coverage, including products liability coverage, 29.13for all damages in connection with licensed work for which the licensee is liable, with 29.14personal damage limits of at least $50,000 per person and $100,000 per occurrence and 29.15property damage insurance with limits of at least $10,000. The insurance shall be written 29.16by an insurer licensed to do business in this state and a certificate evidencing the insurance 29.17shall be filed with the commissioner. The insurance must remain in effect at all times 29.18while the application is pending and while the license is in effect. The insurance shall not 29.19be canceled without the insurer first giving 15 days' written notice to the commissioner. 29.20    Subd. 3. Bond and insurance exemption. A water conditioning contractor or 29.21installer who is an employee of a water conditioning contractor or installer, including 29.22an employee engaged in the maintenance and repair of water conditioning equipment, 29.23apparatus, or facilities owned, leased and operated, or maintained by the employer, is 29.24not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 29.25any political subdivision. 29.26    Subd. 4. Fee. (a) The commissioner shall collect a $40 bond registration fee for 29.27one year or $80 for two years from each applicant for issuance or renewal of a water 29.28conditioning contractor or installer license who elects to proceed under subdivisions 29.291 and 2. 29.30(b) The commissioner shall in a manner determined by the commissioner, without 29.31the need for any rulemaking under chapter 14, phase in the bond registration from one year 29.32to two years so that the expiration of bond registration corresponds with the expiration of 29.33the license issued under section 326B.55. 29.34    Sec. 37. Minnesota Statutes 2009 Supplement, section 326B.58, is amended to read: 29.35326B.58 FEES new text begin ; RENEWAL new text end . 30.1    (a) Examination fees for both water conditioning contractors and water conditioning 30.2installers shall be $50 for each examination. Each initial water conditioning contractor 30.3and installer new text begin master and water conditioning journeyman new text end license shall be effective for more 30.4than one calendar year and shall expire on December 31 of the year after the year in which 30.5the application is made. The license fee for each initial water conditioning contractor's 30.6license shall be $140, except that the license fee shall be $105 if the application is 30.7submitted during the last three months of the calendar year. The license fee for each 30.8renewal water conditioning contractor's license shall be $70 for one year or $140 for two 30.9years. The license fee for each initial water conditioning installer license shall be $70, 30.10except that the license fee shall be $52.50 if the application is submitted during the last 30.11three months of the calendar year. The license fee for each renewal water conditioning 30.12installer license shall be $35 for one year or $70 for two years. 30.13(b) The commissioner shall in a manner determined by the commissioner, without 30.14the need for any rulemaking under chapter 14, phase in the renewal of water conditioning 30.15contractor and installer new text begin master and journeyman new text end licenses from one year to two years. By 30.16June 30, 2011, all renewed water conditioning contractor and installer licenses shall be 30.17two-year licenses. The commissioner new text begin Plumbing Board new text end may by rule prescribe for the 30.18expiration and renewal of licenses. 30.19(c) Any licensee who does not renew a license within two years after the license 30.20expires is no longer eligible for renewal. Such an individual must retake and pass the 30.21examination before a new license will be issued. A water conditioning contractor or water 30.22conditioning installer who submits a license renewal application after the time specified 30.23in rule but within two years after the license expired must pay all past due renewal fees 30.24plus a late fee of $25 new text begin All water conditioning contractor licenses shall expire on December new text end 30.25 new text begin 31 of the year after issuance or renewal new text end . 30.26 new text begin (d) For purposes of calculating license fees and renewal fees required under section new text end 30.27 new text begin 326B.092: new text end 30.28 new text begin (1) a water conditioning journeyman license shall be considered a journeyman new text end 30.29 new text begin license; new text end 30.30 new text begin (2) a water conditioning master license shall be considered a master license; and new text end 30.31 new text begin (3) a water conditioning contractor license shall be considered a business license. new text end 30.32    Sec. 38. Minnesota Statutes 2008, section 326B.805, subdivision 6, is amended to read: 30.33    Subd. 6. Exemptions. The license requirement does not apply to: 30.34    (1) an employee of a licensee performing work for the licensee; 31.1    (2) a material person, manufacturer, or retailer furnishing finished products, 31.2materials, or articles of merchandise who does not install or attach the items; 31.3    (3) an owner of residential real estate who builds or improves any structure on 31.4residential real estate, if the building or improving is performed by the owner's bona fide 31.5employees or by individual owners personally. This exemption does not apply to an 31.6owner who constructs or improves property for purposes of speculation if the building 31.7or improving is performed by the owner's bona fide employees or by individual owners 31.8personally. A residential building contractor or residential remodeler will be presumed 31.9to be building or improving for purposes of speculation if the contractor or remodeler 31.10constructs or improves more than one property within any 24-month period; 31.11    (4) an architect or professional engineer engaging in professional practice as defined 31.12by section 326.02, subdivisions 2 and 3; 31.13    (5) a person whose total gross annual receipts for performing specialty skills for 31.14which licensure would be required under this section do not exceed $15,000; 31.15    (6) a mechanical contractor; 31.16    (7) a plumber, electrician, or other person whose profession is otherwise subject to 31.17statewide licensing, when engaged in the activity which is the subject of that licensure; 31.18    (8) specialty contractors who provide only one special skill as defined in section 31.19326B.802 ; 31.20    (9) a school district, or a technical college governed under chapter 136F; and 31.21    (10) Habitat for Humanity and Builders Outreach Foundation, and their individual 31.22volunteers when engaged in activities on their behalf. 31.23To qualify for the exemption in clause (5), a person must obtain a certificate of exemption 31.24from licensure from the commissioner. A certificate of exemption will be issued upon 31.25the applicant's filing with the commissioner, an affidavit stating that the applicant does 31.26not expect to exceed $15,000 in gross annual receipts derived from performing services 31.27which require licensure under this section new text begin during the calendar year in which the affidavit new text end 31.28 new text begin is received. For the purposes of calculating fees under section 326B.092, a certificate of new text end 31.29 new text begin exemption is an entry level license new text end . To renew the exemption in clause (5), the applicant 31.30must file an affidavit stating that the applicant did not exceed $15,000 in gross annual 31.31receipts during the past calendar year. If a person, operating under the exemption in 31.32clause (5), exceeds $15,000 in gross receipts during any calendar year, the person 31.33must immediately surrender the exemption certificate new text begin of exemption new text end and apply for the 31.34appropriate license. The person must remain licensed until such time as the person's gross 31.35annual receipts during a calendar year fall below $15,000. The person may then apply for 31.36an exemption for the next calendar year. 32.1    Sec. 39. Minnesota Statutes 2009 Supplement, section 326B.815, subdivision 1, 32.2is amended to read: 32.3    Subdivision 1. Licensing fee new text begin Fees new text end . (a) The licensing fee for persons licensed 32.4pursuant to sections to , except for manufactured home installers, 32.5is $200 for a two-year period. The new text begin For the purposes of calculating fees under section new text end 32.6 new text begin 326B.092, an initial or renewed residential contractor, residential remodeler, or residential new text end 32.7 new text begin roofer license is a business license. Notwithstanding section 326B.092, the new text end licensing fee 32.8for manufactured home installers under section 327B.041 is $300 for a three-year period. 32.9(b) All initial new text begin and renewal new text end licenses, except for manufactured home installer licenses, 32.10shall be effective for two years and shall expire on March 31 of the year after the year in 32.11which the application is made. The license fee for each renewal of a residential contractor, 32.12residential remodeler, or residential roofer license shall be $100 for one year and $200 32.13for two years. 32.14(c) The commissioner shall in a manner determined by the commissioner, without 32.15the need for any rulemaking under chapter 14, phase in the renewal of residential 32.16contractor, residential remodeler, and residential roofer licenses from one year to two 32.17years. By June 30, 2011, all renewed residential contractor, residential remodeler, and 32.18residential roofer licenses shall be two-year licenses. 32.19    Sec. 40. Minnesota Statutes 2008, section 326B.83, subdivision 1, is amended to read: 32.20    Subdivision 1. Form. new text begin (a) new text end An applicant for a license under sections 326B.802 to 32.21326B.885 must submit an application, under oath and accompanied by the license fee new text begin fees new text end 32.22required by section new text begin 326B.092 new text end , on a form prescribed by the commissioner. 32.23Within 30 business days of receiving all required information, the commissioner must 32.24act on the license request. 32.25 new text begin (b) new text end If one of the categories in the application does not apply, the applicant must 32.26identify the category and state the reason the category does not apply. The commissioner 32.27may refuse to issue a license if the application is not complete or contains unsatisfactory 32.28information. 32.29    Sec. 41. Minnesota Statutes 2008, section 326B.83, subdivision 3, is amended to read: 32.30    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete new text begin pass new text end 32.31a written examination for the type of license requested. The commissioner may establish 32.32the examination qualifications, including related education experience and education, the 32.33examination procedure, and the examination for each licensing group. The examination 32.34must include at a minimum the following areas: 33.1    (1) appropriate knowledge of technical terms commonly used and the knowledge of 33.2reference materials and code books to be used for technical information; and 33.3    (2) understanding of the general principles of business management and other 33.4pertinent state laws. 33.5    (b) Each examination must be designed for the specified type of license requested. 33.6    (c) An individual's passing examination results expire two years from the 33.7examination date. An individual who passes the examination but does not choose to apply 33.8to act as a qualifying person for a licensee within two years from the examination date, 33.9must, upon application provide: 33.10    (1) passing examination results within two years from the date of application; or 33.11    (2) proof that the person has fulfilled the continuing education requirements in 33.12section in the manner required for a qualifying person of a licensee for each 33.13license period after the expiration of the examination results. 33.14    Sec. 42. Minnesota Statutes 2008, section 326B.83, subdivision 6, is amended to read: 33.15    Subd. 6. License. A nonresident of Minnesota may be licensed as a residential 33.16building contractor, residential remodeler, residential roofer, or manufactured home 33.17installer upon compliance with all the provisions of sections new text begin 326B.092 to 326B.098 and new text end 33.18326B.802 to 326B.885. 33.19    Sec. 43. Minnesota Statutes 2009 Supplement, section 326B.86, subdivision 1, is 33.20amended to read: 33.21    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed 33.22residential roofers must post a new text begin biennial new text end surety bond in the name of the licensee with the 33.23commissioner, conditioned that the applicant shall faithfully perform the duties and in 33.24all things comply with all laws, ordinances, and rules pertaining to the license or permit 33.25applied for and all contracts entered into. The new text begin biennial new text end bond must be continuous and 33.26maintained for so long as the licensee remains licensed. The aggregate liability of the 33.27surety on the bond to any and all persons, regardless of the number of claims made 33.28against the bond, may not exceed the amount of the bond. The bond may be canceled as 33.29to future liability by the surety upon 30 days' written notice mailed to the commissioner 33.30by regular mail. 33.31    (b) A licensed residential roofer must post a bond of at least $15,000. 33.32    (c) A licensed manufactured home installer must post a bond of at least $2,500. 33.33    Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts 33.34for purposes of sections 8.05 and 16C.05, subdivision 2. 34.1    Sec. 44. Minnesota Statutes 2008, section 326B.865, is amended to read: 34.2326B.865 SIGN CONTRACTOR; BOND. 34.3    (a) A sign contractor may post a compliance bond with the commissioner, 34.4conditioned that the sign contractor shall faithfully perform duties and comply with 34.5laws, ordinances, rules, and contracts entered into for the installation of signs. The bond 34.6must be renewed annually new text begin biennially new text end and maintained for so long as determined by the 34.7commissioner. The aggregate liability of the surety on the bond to any and all persons, 34.8regardless of the number of claims made against the bond, may not exceed the annual 34.9amount of the bond. The bond may be canceled as to future liability by the surety upon 30 34.10days' written notice mailed to the commissioner by United States mail. 34.11    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a 34.12local unit of government that requires sign contractors to post a compliance bond. The 34.13bond is in lieu of any compliance bond required by a local unit of government. 34.14    (c) For purposes of this section, "sign" means a device, structure, fixture, or 34.15placard using graphics, symbols, or written copy that is erected on the premises of an 34.16establishment including the name of the establishment or identifying the merchandise, 34.17services, activities, or entertainment available on the premises. 34.18    Sec. 45. Minnesota Statutes 2008, section 326B.921, subdivision 2, is amended to read: 34.19    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 34.20for high pressure piping work, a person must obtain or utilize a business with a high 34.21pressure piping business license. 34.22    A person must have at all times as a full-time employee at least one individual 34.23holding a contracting high pressure pipefitter competency license. Only full-time 34.24employees who hold contracting high pressure pipefitter licenses are authorized to obtain 34.25high pressure piping permits in the name of the business. The contracting high pressure 34.26pipefitter competency license holder can be the employee of only one high pressure piping 34.27business at a time. new text begin An application for a high pressure piping business license shall include new text end 34.28 new text begin a verified statement that the applicant or licensee has complied with this subdivision. new text end 34.29    To retain its business license without reapplication, a person holding a high pressure 34.30piping business license that ceases to employ an individual holding a contracting high 34.31pressure pipefitter competency license shall have 60 days from the last day of employment 34.32of its previous contracting pipefitter competency license holder to employ another license 34.33holder. The department must be notified no later than five days after the last day of 34.34employment of the previous license holder. 35.1    No high pressure pipefitting work may be performed during any period when the 35.2high pressure pipefitting business does not have a contracting high pressure pipefitter 35.3competency license holder on staff. If a license holder is not employed within 60 days 35.4after the last day of employment of the previous license holder, the pipefitting business 35.5license shall lapse. 35.6    The board shall prescribe by rule procedures for application for and issuance of 35.7business licenses. 35.8    Sec. 46. Minnesota Statutes 2008, section 326B.921, subdivision 4, is amended to read: 35.9    Subd. 4. Registration with commissioner. An unlicensed individual may 35.10register to assist in the practical construction and installation of high pressure piping 35.11and appurtenances while in the employ of a licensed high pressure piping business by 35.12completing and submitting to the commissioner a registration form provided by the 35.13commissioner new text begin , with all fees required by section 326B.092 new text end . The board may prescribe rules, 35.14not inconsistent with this section, for the registration of unlicensed individuals. 35.15    An unlicensed individual applying for initial registration shall pay the department an 35.16application fee of $50. Applications for initial registration may be submitted at any time. 35.17Registration must be renewed annually and shall be valid for one calendar year beginning 35.18January 1. Applications for renewal registration must be submitted to the commissioner 35.19before December 31 of each registration period on forms provided by the commissioner, 35.20and must be accompanied by a fee of $50. There shall be no refund of fees paid. 35.21    Sec. 47. Minnesota Statutes 2008, section 326B.921, subdivision 7, is amended to read: 35.22    Subd. 7. License fee new text begin , registration, and renewal fees new text end . The department shall charge 35.23the following license fees: 35.24    (a) application for journeyman high pressure pipefitter competency license, $120; 35.25    (b) renewal of journeyman high pressure pipefitter competency license, $80; 35.26    (c) application for contracting high pressure pipefitter competency license, $270; 35.27    (d) renewal of contracting high pressure pipefitter competency license, $240; 35.28    (e) application for high pressure piping business license, $450; 35.29    (f) application to inactivate a contracting high pressure pipefitter competency license 35.30or inactivate a journeyman high pressure pipefitter competency license, $40; and 35.31    (g) renewal of an inactive contracting high pressure pipefitter competency license or 35.32inactive journeyman high pressure pipefitter competency license, $40. 35.33    If an application for renewal of an active or inactive journeyman high pressure 35.34pipefitter competency license or active or inactive contracting high pressure pipefitter 36.1competency license is received by the department after the date of expiration of the 36.2license, a $30 late renewal fee shall be added to the license renewal fee. 36.3    Payment must accompany the application for a license or renewal of a license. There 36.4shall be no refund of fees paid. 36.5 new text begin For purposes of calculating license, registration, and renewal fees required under new text end 36.6 new text begin section 326B.092: new text end 36.7 new text begin (1) the registration of an unlicensed individual under subdivision 4 is an entry new text end 36.8 new text begin level license; new text end 36.9 new text begin (2) a journeyman high pressure pipefitter license is a journeyman license; new text end 36.10 new text begin (3) a contracting high pressure pipefitter license is a master license; and new text end 36.11 new text begin (4) a high pressure piping business license is a business license. new text end 36.12    Sec. 48. Minnesota Statutes 2008, section 326B.922, is amended to read: 36.13326B.922 LICENSE APPLICATION AND RENEWAL. 36.14     new text begin (a) new text end Application for a contracting high pressure pipefitter competency or new text begin , new text end a 36.15journeyman high pressure pipefitter competency new text begin , or a high pressure piping business new text end 36.16license shall be made to the department, with new text begin all new text end fees new text begin required by section 326B.092 new text end . 36.17 new text begin (b) new text end The applicant new text begin for a contracting high pressure pipefitter or a journeyman high new text end 36.18 new text begin pressure pipefitter license new text end shall be licensed only after passing an examination developed 36.19and administered by the department in accordance with rules adopted by the board. A 36.20competency license issued by the department shall expire on December 31 of each year. A 36.21renewal application must be received by the department within one year after expiration of 36.22the competency license. A license that has been expired for more than one year cannot 36.23be renewed, and can only be reissued if the applicant submits a new application for the 36.24competency license, pays a new application fee, and retakes and passes the applicable 36.25license examination. 36.26 new text begin (c) All initial contracting high pressure pipefitter licenses, journeyman high pressure new text end 36.27 new text begin pipefitter licenses, and high pressure piping business licenses are effective for more than new text end 36.28 new text begin one calendar year and expire on December 31 of the year after the year in which the new text end 36.29 new text begin application is made. The commissioner shall in a manner determined by the commissioner, new text end 36.30 new text begin without the need for any rulemaking under chapter 14, phase in the renewal of contracting new text end 36.31 new text begin high pressure pipefitter, journeyman high pressure pipefitter, and high pressure piping new text end 36.32 new text begin business licenses from one year to two years. By June 30, 2012, all such licenses shall be new text end 36.33 new text begin two-year licenses. new text end 37.1    Sec. 49. Minnesota Statutes 2009 Supplement, section 326B.94, subdivision 4, is 37.2amended to read: 37.3    Subd. 4. Examinations, licensing. new text begin Every individual that operates a boat must hold new text end 37.4 new text begin a current master's license issued by the commissioner, unless the individual holds a valid, new text end 37.5 new text begin unlimited, current United States Coast Guard master's license. new text end The commissioner shall 37.6develop and administer an examination for all masters of boats carrying passengers for 37.7hire on the inland waters of the state as to their qualifications and fitness. If found qualified 37.8and competent to perform their duties as a master of a boat carrying passengers for hire, 37.9they shall be issued a license authorizing them to act as such on the inland waters of 37.10the state. All initial master's licenses shall be for two years. The commissioner shall in 37.11a manner determined by the commissioner, without the need for any rulemaking under 37.12chapter 14, phase in the renewal of master's licenses from one year to two years. By June 37.1330, 2011, all renewed master's licenses shall be two-year licenses. Fees for the original 37.14issue and renewal of the license authorized under this section shall be pursuant to section 37.15326B.986, subdivision 2 new text begin 326B.092 new text end . 37.16    Sec. 50. Minnesota Statutes 2008, section 326B.978, subdivision 2, is amended to read: 37.17    Subd. 2. Applications. Any individual who desires an engineer's license shall 37.18submit an application on a written or electronic form prescribed by the commissioner, at 37.19least 15 days before the requested exam date. If the commissioner approves the applicant 37.20for examination, the applicant may take the examination on one occasion within one 37.21year from the date the commissioner receives the application new text begin with all fees required by new text end 37.22 new text begin section 326B.092 new text end . 37.23    Sec. 51. Minnesota Statutes 2008, section 326B.978, is amended by adding a 37.24subdivision to read: 37.25     new text begin Subd. 19. new text end new text begin Applicability. new text end new text begin This section shall not apply to traction or hobby boiler new text end 37.26 new text begin engineer's licenses or provisional licenses. new text end 37.27    Sec. 52. Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 5, 37.28is amended to read: 37.29    Subd. 5. Boiler engineer license fees. (a) For the following licenses, the 37.30nonrefundable license and application fee is: 37.31(1) chief engineer's license, $70; 37.32(2) first class engineer's license, $70; 37.33(3) second class engineer's license, $70; 38.1(4) special engineer's license, $40; 38.2(5) traction or hobby boiler engineer's license, $50; and 38.3(6) provisional license, $50. 38.4    (b) An engineer's license, except a provisional license, may be renewed upon 38.5application and payment of a renewal fee of $20 for one year or $40 for two years. If 38.6the renewal fee is paid later than 30 days after expiration, then a late fee of $15 will be 38.7added to the renewal fee. 38.8 new text begin (a) For purposes of calculating license fees and renewal license fees required under new text end 38.9 new text begin section 326B.092: new text end 38.10 new text begin (1) the boiler special engineer license is an entry level license; new text end 38.11 new text begin (2) the following licenses are journeyman licenses: first class engineer, Grade A; new text end 38.12 new text begin first class engineer, Grade B; first class engineer, Grade C; second class engineer, Grade new text end 38.13 new text begin A; second class engineer, Grade B; second class engineer, Grade C; and provisional new text end 38.14 new text begin license; and new text end 38.15 new text begin (3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler new text end 38.16 new text begin chief engineer, Grade B; boiler chief engineer, Grade C; boiler commissioner inspector; or new text end 38.17 new text begin traction or hobby boiler engineer. new text end 38.18 new text begin (b) Notwithstanding section 326B.092, subdivision 7, paragraph (a), the license new text end 38.19 new text begin duration for steam traction and hobby engineer licenses are one year only for the purpose new text end 38.20 new text begin of calculating license fees under section 326B.092, subdivision 7, paragraph (b). new text end 38.21    Sec. 53. Minnesota Statutes 2008, section 327B.04, subdivision 2, is amended to read: 38.22    Subd. 2. Subagency licenses. Any dealer who has a place of business at more than 38.23one location shall designate one location as its principal place of business, one name as its 38.24principal name, and all other established places of business as subagencies. A subagency 38.25license shall be required for each subagency. new text begin Subagency license renewal must coincide new text end 38.26 new text begin with the principal license date. new text end No dealer shall do business as a dealer under any other 38.27name than the name on its license. 38.28    Sec. 54. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7, is 38.29amended to read: 38.30    Subd. 7. Licenses; when granted new text begin renewal new text end . new text begin In addition to the requirements of this new text end 38.31 new text begin section, new text end each application for a license or license renewal must be accompanied by a fee in 38.32an amount established by subdivision 7a new text begin all applicable fees required by section 326B.092 new text end . 38.33The fees shall be set in an amount which over the fiscal biennium will produce revenues 38.34approximately equal to the expenses which the commissioner expects to incur during that 39.1fiscal biennium while administering and enforcing sections 327B.01 to 327B.12. The 39.2commissioner shall grant or deny a license application or a renewal application within 60 39.3days of its filing. If the license is granted, the commissioner shall license the applicant as a 39.4dealer or manufacturer for the remainder of the licensure period. Upon application by the 39.5licensee, the commissioner shall renew the license for a two-year period, if: 39.6    (1) the renewal application satisfies the requirements of subdivisions 3 and 4; 39.7    (2) the renewal applicant has made all listings, registrations, notices and reports 39.8required by the commissioner during the preceding licensure period; and 39.9    (3) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 39.10327B.12 and all taxes, arrearages, and penalties owed to the state. 39.11    Sec. 55. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7a, 39.12is amended to read: 39.13    Subd. 7a. Fees. (a) Fees for licenses issued pursuant to this section are as follows: new text begin new text end 39.14 new text begin shall be calculated pursuant to section 326B.092. new text end 39.15(1) initial dealer license for principal location, $400. Fee is not refundable; 39.16(2) initial dealer license for subagency location, $80; 39.17(3) dealer license biennial renewal, principal location, $400; dealer subagency 39.18location biennial renewal, $160. Subagency license renewal must coincide with the 39.19principal license date; 39.20(4) initial limited dealer license, $200; 39.21(5) change of bonding company, $10; 39.22(6) reinstatement of bond after cancellation notice has been received, $10; 39.23(7) checks returned without payment, $15; and 39.24(8) change of address, $10. 39.25(b) All initial limited dealer licenses shall be effective for more than one calendar 39.26year and shall expire on December 31 of the year after the year in which the application 39.27is made. 39.28(c) The license fee for each renewed limited dealer license shall be $100 for one year 39.29and $200 for two years. new text begin For the purposes of calculating fees under section 326B.092, any new text end 39.30 new text begin license issued under this section is a business license, except that a subagency license is a new text end 39.31 new text begin master license. new text end The commissioner shall in a manner determined by the commissioner, 39.32without the need for any rulemaking under chapter 14, phase in the renewal of limited 39.33dealer licenses from one year to two years. By June 30, 2011, all renewed limited dealer 39.34licenses shall be two-year licenses. 39.35(d) All fees are not refundable. 40.1    Sec. 56. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 8, is 40.2amended to read: 40.3    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's 40.4license to an owner of a manufactured home park authorizing the licensee as principal 40.5only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 40.6manufactured homes located in the owned manufactured home park. The licensee must be 40.7the title holder of the homes and may engage in no more than ten sales during each year of 40.8the two-year licensure period. An owner may, upon payment of the applicable fee and 40.9compliance with this subdivision, obtain a separate license for each owned manufactured 40.10home park and is entitled to sell up to 20 homes per license period provided that only one 40.11limited dealer license may be issued for each park. The license shall be issued after: 40.12    (1) receipt of an application on forms provided by the commissioner containing 40.13the following information: 40.14    (i) the identity of the applicant; 40.15    (ii) the name under which the applicant will be licensed and do business in this state; 40.16    (iii) the name and address of the owned manufactured home park, including a copy 40.17of the park license, serving as the basis for the issuance of the license; 40.18    (iv) the name, home, and business address of the applicant; 40.19    (v) the name, address, and telephone number of one individual that is designated 40.20by the applicant to receive all communications and cooperate with all inspections and 40.21investigations of the commissioner pertaining to the sale of manufactured homes in the 40.22manufactured home park owned by the applicant; 40.23    (vi) whether the applicant or its designated individual has been convicted of a crime 40.24within the previous ten years that is either related directly to the business for which the 40.25license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 40.26judgment in a civil action involving fraud, misrepresentation, or conversion within the 40.27previous five years or has had any government license or permit suspended or revoked 40.28as a result of an action brought by a federal or state governmental agency in this or any 40.29other state within the last five years; and 40.30    (vii) the applicant's qualifications and business history, including whether the 40.31applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 40.32any unsatisfied court judgments outstanding against it or them; 40.33    (2) payment of the license fee established by subdivision 7a; and 40.34    (3) provision of a surety bond in the amount of $5,000. A separate surety bond 40.35must be provided for each limited license. 41.1    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). 41.2The holding of a limited dealer's license does not satisfy the requirement contained in 41.3section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 41.4to obtaining a dealer license. The commissioner may, upon application for a renewal of a 41.5license, require only a verification that copies of sales documents have been retained and 41.6payment of the renewal fee new text begin fees new text end established by subdivision 7a new text begin section 326B.092 new text end . "Sales 41.7documents" mean only the safety feature disclosure form defined in section 327C.07, 41.8subdivision 3a , title of the home, financing agreements, and purchase agreements. 41.9    The license holder shall, upon request of the commissioner, make available for 41.10inspection during business hours sales documents required to be retained under this 41.11subdivision. 41.12    Sec. 57. Minnesota Statutes 2009 Supplement, section 327B.041, is amended to read: 41.13327B.041 MANUFACTURED HOME INSTALLERS. 41.14    (a) Manufactured home installers are subject to all of the new text begin fees in section 326B.092 new text end 41.15 new text begin and the new text end requirements of sections 326B.802 to 326B.885, except for the following: 41.16    (1) manufactured home installers are not subject to the continuing education 41.17requirements of section 326B.821, but are subject to the continuing education requirements 41.18established in rules adopted under section 327B.10; 41.19    (2) the examination requirement of section 326B.83, subdivision 3, for manufactured 41.20home installers shall be satisfied by successful completion of a written examination 41.21administered and developed specifically for the examination of manufactured home 41.22installers. The examination must be administered and developed by the commissioner. The 41.23commissioner and the state building official shall seek advice on the grading, monitoring, 41.24and updating of examinations from the Minnesota Manufactured Housing Association; 41.25    (3) a local government unit may not place a surcharge on a license fee, and may not 41.26charge a separate fee to installers; 41.27    (4) a dealer or distributor who does not install or repair manufactured homes is 41.28exempt from licensure under sections 326B.802 to 326B.885; 41.29    (5) the exemption under section 326B.805, subdivision 6, clause (5), does not 41.30apply; and 41.31    (6) manufactured home installers are not subject to the contractor recovery fund 41.32in section 326B.89. 41.33    (b) The commissioner may waive all or part of the requirements for licensure 41.34as a manufactured home installer for any individual who holds an unexpired license or 41.35certificate issued by any other state or other United States jurisdiction if the licensing 42.1requirements of that jurisdiction meet or exceed the corresponding licensing requirements 42.2of the department new text begin and the individual complies with section 326B.092, subdivisions 1 new text end 42.3 new text begin and 3 to 7. For the purposes of calculating fees under section 326B.092, licensure as a new text end 42.4 new text begin manufactured home installer is a business license new text end . 42.5    Sec. 58. new text begin REVISOR'S INSTRUCTION. new text end 42.6 new text begin In Minnesota Rules, the Revisor of Statutes shall change all references to Minnesota new text end 42.7 new text begin Rules, part 1350.8300 to Minnesota Statutes, section 327B.04. new text end 42.8    Sec. 59. new text begin REPEALER. new text end 42.9 new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 326B.133, subdivisions 9 and 10; 326B.37, new text end 42.10 new text begin subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56, subdivision 3; 326B.885, new text end 42.11 new text begin subdivisions 3 and 4; and 326B.976, new text end new text begin are repealed. new text end 42.12 new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, section 326B.56, subdivision 4, new text end new text begin is repealed. new text end 42.13 new text begin (c) new text end new text begin Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, and 4; new text end 42.14 new text begin 1350.7200, subpart 3; and 1350.8000, subpart 2, new text end new text begin are repealed. new text end 42.15    Sec. 60. new text begin EFFECTIVE DATE. new text end 42.16 new text begin Sections 1 to 59 are effective January 1, 2012. new text end