SF 2510

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

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to economic development, labor, and industry; modifying grant and 1.3loan programs; modifying duties; making technical changes; defining terms; 1.4creating the Minnesota Science and Technology Authority; modifying licensing 1.5provisions; imposing and modifying fees; modifying construction codes; 1.6requesting a study; requiring reports; appropriating money;amending Minnesota 1.7Statutes 2008, sections 116J.437, subdivision 1; 116J.8731, subdivisions 1, 4; 1.8116J.996; 116L.665, subdivisions 3, 6, by adding a subdivision; 136F.06, by 1.9adding a subdivision; 268.035, by adding a subdivision; 268.085, subdivision 16; 1.10268.095, subdivision 5; 268.101, by adding a subdivision; 268.184, subdivision 1; 1.11326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions; 326B.197; 326B.33, 1.12subdivisions 18, 20, 21; 326B.42, by adding subdivisions; 326B.44; 326B.46, as 1.13amended; 326B.47; 326B.475, subdivision 2; 326B.50, by adding subdivisions; 1.14326B.54; 326B.55, as amended; 326B.56, as amended; 326B.805, subdivision 1.156; 326B.83, subdivisions 1, 3, 6; 326B.865; 326B.921, subdivisions 2, 4, 7; 1.16326B.922; 326B.978, subdivision 2, by adding a subdivision; 327.31, subdivision 1.1717, by adding subdivisions; 327.32, subdivision 1, by adding subdivisions; 1.18327.34, subdivision 1; 327B.04, subdivision 2; 469.1082, subdivision 5; 471.59, 1.19subdivision 10; Minnesota Statutes 2009 Supplement, sections 116J.8731, 1.20subdivision 3; 268.035, subdivision 23a; 268.095, subdivisions 2, 6; 268.105, 1.21subdivision 1; 326B.33, subdivision 19; 326B.475, subdivision 4; 326B.49, 1.22subdivision 1; 326B.58; 326B.815, subdivision 1; 326B.86, subdivision 1; 1.23326B.94, subdivision 4; 326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 1.248; 327B.041; Laws 2009, chapter 78, article 1, section 3, subdivision 2; Laws 1.252010, chapter 216, section 58; proposing coding for new law in Minnesota 1.26Statutes, chapters 116L; 326B; proposing coding for new law as Minnesota 1.27Statutes, chapter 116W; repealing Minnesota Statutes 2008, sections 116J.657; 1.28326B.133, subdivisions 9, 10; 326B.37, subdivision 13; 326B.475, subdivisions 1.295, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3, 4; 326B.976; 327.32, 1.30subdivision 4; 327C.07, subdivisions 3a, 8; Minnesota Statutes 2009 Supplement, 1.31sections 326B.56, subdivision 4; 326B.986, subdivision 2; Minnesota Rules, 1.32parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3; 1.331350.8000, subpart 2. 1.34BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1    Section 1. Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to 2.2read: 2.3    Subdivision 1. Definitions. new text begin (a) new text end For the purpose of this section, new text begin the following terms new text end 2.4 new text begin have the meanings given. new text end 2.5 new text begin (b) new text end "Green economy" means products, processes, methods, technologies, or services 2.6intended to do one or more of the following: 2.7    (1) increase the use of energy from renewable sources, including through achieving 2.8the renewable energy standard established in section 216B.1691; 2.9    (2) achieve the statewide energy-savings goal established in section 216B.2401, 2.10including energy savings achieved by the conservation investment program under section 2.11216B.241 ; 2.12    (3) achieve the greenhouse gas emission reduction goals of section 216H.02, 2.13subdivision 1, including through reduction of greenhouse gas emissions, as defined in 2.14section 216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through, 2.15but not limited to, carbon capture, storage, or sequestration; 2.16    (4) monitor, protect, restore, and preserve the quality of surface waters, including 2.17actions to further the purposes of the Clean Water Legacy Act as provided in section 2.18114D.10, subdivision 1 ; or 2.19    (5) expand the use of biofuels, including by expanding the feasibility or reducing the 2.20cost of producing biofuels or the types of equipment, machinery, and vehicles that can 2.21use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections 2.2241A.10, subdivision 2 , and 41A.11 new text begin ; or new text end 2.23 new text begin (6) increase the use of green chemistry, as defined in section 116.9401 new text end . 2.24For the purpose of clause (3), "green economy" includes strategies that reduce carbon 2.25emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass 2.26transit or otherwise reducing commuting for employees. 2.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.28    Sec. 2. Minnesota Statutes 2008, section 116J.8731, subdivision 1, is amended to read: 2.29    Subdivision 1. Purpose. The Minnesota investment fund is created to provide 2.30financial new text begin and technical new text end assistance, through partnership with communities, for the creation 2.31of new employment or to maintain existing employment, and for business start-up, 2.32expansions, and retention. It shall accomplish these goals by the following means: 2.33(1) creation or retention of permanent private-sector jobs in order to create 2.34above-average economic growth consistent with environmental protection, which includes 3.1investments in technology and equipment that increase productivity and provide for a 3.2higher wage; 3.3(2) stimulation or leverage of private investment to ensure economic renewal and 3.4competitiveness; 3.5(3) increasing the local tax base, based on demonstrated measurable outcomes, to 3.6guarantee a diversified industry mix; 3.7(4) improving the quality of existing jobs, based on increases in wages or 3.8improvements in the job duties, training, or education associated with those jobs; 3.9(5) improvement of employment and economic opportunity for citizens in the region 3.10to create a reasonable standard of living, consistent with federal and state guidelines 3.11on low- to moderate-income persons; and 3.12(6) stimulation of productivity growth through improved manufacturing or new 3.13technologies, including cold weather testing. 3.14    Sec. 3. Minnesota Statutes 2009 Supplement, section 116J.8731, subdivision 3, is 3.15amended to read: 3.16    Subd. 3. Eligible expenditures. The money appropriated for this section may be 3.17used to fund: 3.18(1) new text begin fund new text end grants for infrastructure, loans, loan guarantees, interest buy-downs, and 3.19other forms of participation with private sources of financing, provided that a loan to a 3.20private enterprise must be for a principal amount not to exceed one-half of the cost of the 3.21project for which financing is sought; and 3.22(2) new text begin fund new text end strategic investments in renewable energy market development, such as 3.23low interest loans for renewable energy equipment manufacturing, training grants to 3.24support renewable energy workforce, development of a renewable energy supply chain 3.25that represents and strengthens the industry throughout the state, and external marketing 3.26to garner more national and international investment into Minnesota's renewable sector. 3.27Expenditures in external marketing for renewable energy market development are not 3.28subject to the limitations in clause (1). new text begin ; and new text end 3.29 new text begin (3) provide private entrepreneurs with training, other technical assistance, and new text end 3.30 new text begin financial assistance as provided in the small cities development block grant program. new text end 3.31    Sec. 4. Minnesota Statutes 2008, section 116J.8731, subdivision 4, is amended to read: 3.32    Subd. 4. Eligible projects. Assistance must be evaluated on the existence of the 3.33following conditions: 4.1    (1) creation of new jobs, retention of existing jobs, or improvements in the quality of 4.2existing jobs as measured by the wages, skills, or education associated with those jobs; 4.3    (2) increase in the tax base; 4.4    (3) the project can demonstrate that investment of public dollars induces private 4.5funds; 4.6    (4) the project can demonstrate an excessive public infrastructure or improvement 4.7cost beyond the means of the affected community and private participants in the project; 4.8    (5) the project provides higher wage levels to the community or will add value to 4.9current workforce skills; 4.10 new text begin (6) the project supports the development of microenterprises, as defined by federal new text end 4.11 new text begin statutes, through financial assistance, technical assistance, advice, or business services; new text end 4.12    (6) new text begin (7) new text end whether assistance is necessary to retain existing business; 4.13    (7) new text begin (8) new text end whether assistance is necessary to attract out-of-state business; and 4.14    (8) new text begin (9) new text end the project promotes or advances the green economy as defined in section 4.15116J.437 . 4.16    A grant or loan cannot be made based solely on a finding that the conditions in 4.17clause (6) new text begin (7) new text end or (7) new text begin (8) new text end exist. A finding must be made that a condition in clause (1), (2), 4.18(3), (4), or (5) new text begin , or (6) new text end also exists. 4.19    Applications recommended for funding shall be submitted to the commissioner. 4.20    Sec. 5. Minnesota Statutes 2008, section 116J.996, is amended to read: 4.21116J.996 MILITARY RESERVIST ECONOMIC INJURY new text begin AND new text end 4.22 new text begin VETERAN-OWNED SMALL BUSINESS new text end LOANS. 4.23    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 4.24section. 4.25    (b) "Active service" has the meaning given in section 190.05. 4.26    (c) "Commissioner" means the commissioner of employment and economic 4.27development. 4.28    (d) "Eligible business" means a small business, as defined in section 645.445, that 4.29was operating in Minnesota on the date a military reservist received orders for active 4.30service. 4.31    (e) "Essential employee" means a military reservist who is an owner or employee 4.32of an eligible business and whose managerial or technical expertise is critical to the 4.33day-to-day operation of the eligible business. 4.34    (f) "Military reservist" means a member of the reserve component of the armed 4.35forces. 5.1    (g) "Reserve component of the armed forces" has the meaning given it in United 5.2States Code, title 10, section 101(c). 5.3    (h) "Substantial economic injury" means an economic harm to an eligible business 5.4that results in the inability of the eligible business to: 5.5    (1) meet its obligations as they mature; 5.6    (2) pay its ordinary and necessary operating expenses; or 5.7    (3) manufacture, produce, market, or provide a product or service ordinarily 5.8manufactured, produced, marketed, or provided by the eligible business. 5.9 new text begin (i) "Veteran-owned small business" means a small business, as defined in section new text end 5.10 new text begin 645.445, that is majority-owned and operated by a recently separated veteran. new text end 5.11    Subd. 2. Loan program. The commissioner may make onetime, interest-free 5.12loans of up to $20,000 per borrower to new text begin : new text end 5.13 new text begin (1) new text end eligible businesses that have sustained or are likely to sustain substantial 5.14economic injury as a result of the call to active service for 180 days or more of an essential 5.15employee new text begin ; or new text end 5.16 new text begin (2) recently separated veterans who are veterans as defined in section 197.447, new text end 5.17 new text begin and have served in active military service, at any time on or after September 11, 2001, new text end 5.18 new text begin to start a veteran-owned small business new text end . 5.19Loans new text begin for economic injury new text end must be made for the purpose of preventing, remedying, or 5.20ameliorating the substantial economic injury. 5.21    Subd. 3. Revolving loan account. The commissioner shall use money appropriated 5.22for the purpose to establish a revolving loan account. All repayments of loans made 5.23under this section must be deposited into this account. Interest earned on money in the 5.24account accrues to the account. Money in the account is appropriated to the commissioner 5.25for purposes of the loan program created in this section, including costs incurred by the 5.26commissioner to establish and administer the program. 5.27    Subd. 4. Rules. Using the expedited rulemaking procedures of section 14.389, the 5.28commissioner shall develop and publish expedited rules for loan applications, use of 5.29funds, needed collateral, terms of loans, and other details of military reservist economic 5.30injury new text begin and veteran-owned small business new text end loans. 5.31    Sec. 6. Minnesota Statutes 2008, section 116L.665, subdivision 3, is amended to read: 5.32    Subd. 3. Purpose; duties. The governor's Workforce Development Council shall 5.33replace the governor's Job Training Council and assume all of its requirements, duties, 5.34and responsibilities under the Workforce Investment Act. Additionally, the Workforce 5.35Development Council shall assume the following duties and responsibilities: 6.1(a) Review the provision of services and the use of funds and resources under 6.2applicable federal human resource programs and advise the governor on methods of 6.3coordinating the provision of services and the use of funds and resources consistent with 6.4the laws and regulations governing the programs. For purposes of this section, applicable 6.5federal and state human resource programs mean the: 6.6(1) Workforce Investment Act, United States Code, title 29, section 2911, et seq.; 6.7(2) Carl D. Perkins Vocational and Applied Technology Education Act, United 6.8States Code, title 20, section 2301, et seq.; 6.9(3) Adult Education Act, United States Code, title 20, section 1201, et seq.; 6.10(4) Wagner-Peyser Act, United States Code, title 29, section 49; 6.11(5) Personal Responsibility and Work Opportunities Act of 1996 (TANF); 6.12(6) Food Stamp Act of 1977, United States Code, title 7, section 6(d)(4), Food Stamp 6.13Employment and Training Program, United States Code, title 7, section 2015(d)(4); and 6.14(7) programs defined in section 116L.19, subdivision 5. 6.15Additional federal and state programs and resources can be included within the scope 6.16of the council's duties if recommended by the governor after consultation with the council. 6.17(b) Review federal, state, and local education, postsecondary, job skills training, 6.18and youth employment programs, and make recommendations to the governor and the 6.19legislature for establishing an integrated seamless system for providing education and 6.20work skills development services to learners and workers of all ages. 6.21(c) Advise the governor on the development and implementation of statewide and 6.22local performance standards and measures relating to applicable federal human resource 6.23programs and the coordination of performance standards and measures among programs. 6.24(d) Promote education and employment transitions programs and knowledge and 6.25skills of entrepreneurship among employers, workers, youth, and educators, and encourage 6.26employers to provide meaningful work-based learning opportunities; 6.27(e) Evaluate and identify exemplary education and employment transitions programs 6.28and provide technical assistance to local partnerships to replicate the programs throughout 6.29the state. 6.30(f) Advise the governor on methods to evaluate applicable federal human resource 6.31programs. 6.32(g) Sponsor appropriate studies to identify human investment needs in Minnesota 6.33and recommend to the governor goals and methods for meeting those needs. 6.34(h) Recommend to the governor goals and methods for the development and 6.35coordination of a human resource system in Minnesota. 7.1(i) Examine federal and state laws, rules, and regulations to assess whether they 7.2present barriers to achieving the development of a coordinated human resource system. 7.3(j) Recommend to the governor and to the federal government changes in state or 7.4federal laws, rules, or regulations concerning employment and training programs that 7.5present barriers to achieving the development of a coordinated human resource system. 7.6(k) Recommend to the governor and to the federal government waivers of laws and 7.7regulations to promote coordinated service delivery. 7.8(l) Sponsor appropriate studies and prepare and recommend to the governor a 7.9strategic plan which details methods for meeting Minnesota's human investment needs 7.10and for developing and coordinating a state human resource system. 7.11 new text begin (m) Provide the commissioner of employment and economic development and new text end 7.12 new text begin the committees of the legislature with responsibility for economic development with new text end 7.13 new text begin recommendations provided to the governor under this subdivision. new text end 7.14 new text begin (n) In consultation with local workforce councils and the Department of Employment new text end 7.15 new text begin and Economic Development, develop an ongoing process to identify and address local new text end 7.16 new text begin gaps in workforce services. new text end 7.17    Sec. 7. Minnesota Statutes 2008, section 116L.665, subdivision 6, is amended to read: 7.18    Subd. 6. Staffing. The Department of Employment and Economic Development 7.19must provide staff support new text begin , including but not limited to professional, technical, and clerical new text end 7.20 new text begin staff necessary to perform the duties assigned new text end to the Minnesota Workforce Development 7.21Council. The support includes professional, technical, and clerical staff necessary to 7.22perform the duties assigned to the Workforce Development Council. new text begin All staff report to the new text end 7.23 new text begin commissioner. new text end The council may ask for assistance from other units of state government as 7.24it requires in order to fulfill its duties and responsibilities. 7.25    Sec. 8. Minnesota Statutes 2008, section 116L.665, is amended by adding a subdivision 7.26to read: 7.27     new text begin Subd. 8. new text end new text begin Funding. new text end new text begin The commissioner shall develop recommendations on a funding new text end 7.28 new text begin formula for allocating Workforce Investment Act funds to the council with a minimum new text end 7.29 new text begin allocation of $350,000 per year. The commissioner shall report the funding formula new text end 7.30 new text begin recommendations to the legislature by January 15, 2011. new text end 7.31    Sec. 9. new text begin [116L.98] WORKFORCE PROGRAM OUTCOMES. new text end 7.32 new text begin The commissioner shall develop and implement a set of standard approaches new text end 7.33 new text begin for assessing the outcomes of workforce programs under this chapter. The outcomes new text end 8.1 new text begin assessed must include, but are not limited to, periodic comparisons of workforce program new text end 8.2 new text begin participants and nonparticipants. new text end 8.3 new text begin The commissioner shall also monitor the activities and outcomes of programs and new text end 8.4 new text begin services funded by legislative appropriations and administered by the department on a new text end 8.5 new text begin pass-through basis and develop a consistent and equitable method of assessing recipients new text end 8.6 new text begin for the costs of its monitoring activities. new text end 8.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.8    Sec. 10. new text begin [116W.01] MINNESOTA SCIENCE AND TECHNOLOGY new text end 8.9 new text begin AUTHORITY ACT. new text end 8.10 new text begin This chapter may be cited as the "Minnesota Science and Technology Authority Act." new text end 8.11    Sec. 11. new text begin [116W.02] DEFINITIONS. new text end 8.12     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin For the purposes of this chapter, the terms in this new text end 8.13 new text begin section have the meanings given them. new text end 8.14     new text begin Subd. 2. new text end new text begin Authority. new text end new text begin "Authority" means the Minnesota Science and Technology new text end 8.15 new text begin Authority. new text end 8.16     new text begin Subd. 3. new text end new text begin Eligible recipient. new text end new text begin "Eligible recipient" means an entity primarily operating new text end 8.17 new text begin to create and retain jobs in the state's industrial base and maximize the economic growth new text end 8.18 new text begin of the state through: new text end 8.19 new text begin (1) high-technology research and development capabilities; new text end 8.20 new text begin (2) product and process innovation and commercialization; new text end 8.21 new text begin (3) high-technology manufacturing capabilities; new text end 8.22 new text begin (4) science and technology business environment; or new text end 8.23 new text begin (5) science and technology workforce preparation. new text end 8.24     new text begin Subd. 4. new text end new text begin Advisory commission. new text end new text begin "Advisory commission" means the advisory new text end 8.25 new text begin commission under section 116W.051. new text end 8.26    Sec. 12. new text begin [116W.03] MINNESOTA SCIENCE AND TECHNOLOGY new text end 8.27 new text begin AUTHORITY. new text end 8.28     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin The Minnesota Science and Technology Authority new text end 8.29 new text begin consists of the state chief information officer, the commissioner of employment and new text end 8.30 new text begin economic development, the commissioner of management and budget, the commissioner new text end 8.31 new text begin of revenue, the commissioner of commerce, and the commissioner of agriculture. new text end 8.32     new text begin Subd. 2. new text end new text begin Chair; other officers. new text end new text begin The commissioner of employment and economic new text end 8.33 new text begin development shall serve as the chair and chief executive officer of the authority. The new text end 9.1 new text begin authority shall rotate the position of vice chair annually among its members. The new text end 9.2 new text begin commissioner of employment and economic development shall convene the first meeting new text end 9.3 new text begin of the authority no later than July 1, 2010. In the absence of the chair or vice chair at new text end 9.4 new text begin meetings of the authority members may elect a chair for the meeting, and may elect other new text end 9.5 new text begin officers as necessary from its members. new text end 9.6     new text begin Subd. 3. new text end new text begin Delegation. new text end new text begin In addition to any powers to delegate that members of the new text end 9.7 new text begin authority have as commissioners, they may delegate to the chair, vice chair, or executive new text end 9.8 new text begin director their responsibilities as members of the authority for reviewing and approving new text end 9.9 new text begin financing of eligible projects, projects that have been authorized by law, or programs new text end 9.10 new text begin specifically authorized by resolution of the authority. new text end 9.11     new text begin Subd. 4. new text end new text begin Actions. new text end new text begin (a) A majority of the authority, excluding vacancies, constitutes a new text end 9.12 new text begin quorum to conduct its business, to exercise its powers, and for all other purposes. new text end 9.13 new text begin (b) The authority may conduct its business by any technological means available, new text end 9.14 new text begin including teleconference calls or interactive video, that allows for an interaction between new text end 9.15 new text begin members. If a meeting is conducted under this paragraph, a specific location must be new text end 9.16 new text begin available for the public to attend the meeting and at least one member must be present at new text end 9.17 new text begin that location. new text end 9.18     new text begin Subd. 5. new text end new text begin Executive director; staffing. new text end new text begin The authority shall employ an executive new text end 9.19 new text begin director in the unclassified service. The initial executive director must be the individual in new text end 9.20 new text begin the position of director of the Office of Science and Technology as of January 1, 2010, new text end 9.21 new text begin under section 116J.657. The executive director is responsible for hiring staff necessary to new text end 9.22 new text begin assist the executive director to carry out the duties and responsibilities of the authority. new text end 9.23 new text begin The executive director shall perform duties that the authority may require in carrying out new text end 9.24 new text begin its responsibilities to manage and implement the funds and programs in this chapter, and new text end 9.25 new text begin comply with all state and federal program requirements, and state and federal securities new text end 9.26 new text begin and tax laws and regulations. The executive director shall assist the advisory board in new text end 9.27 new text begin fulfilling its duties under this chapter. new text end 9.28     new text begin Subd. 6. new text end new text begin Administrative services. new text end new text begin The authority shall enter into agreements for new text end 9.29 new text begin administrative and professional services and technical support. new text end 9.30     new text begin Subd. 7. new text end new text begin Expiration. new text end new text begin The authority is permanent and the provisions of section new text end 9.31 new text begin 15.059, subdivision 5, do not apply. new text end 9.32    Sec. 13. new text begin [116W.04] POWERS AND DUTIES. new text end 9.33     new text begin Subdivision 1. new text end new text begin Duties. new text end new text begin The Science and Technology Authority shall: new text end 10.1     new text begin (1) coordinate public and private efforts to procure federal funding for collaborative new text end 10.2 new text begin research and development projects of primary benefit to small-sized and medium-sized new text end 10.3 new text begin businesses; new text end 10.4     new text begin (2) promote contractual relationships between Minnesota businesses that are new text end 10.5 new text begin recipients of federal grants and prime contractors, and Minnesota-based subcontractors; new text end 10.6     new text begin (3) work with Minnesota nonprofit institutions including the University of new text end 10.7 new text begin Minnesota, Minnesota State Colleges and Universities, and the Mayo Clinic in promoting new text end 10.8 new text begin collaborative efforts to respond to federal funding opportunities; new text end 10.9     new text begin (4) develop a framework for Minnesota companies to establish sole-source new text end 10.10 new text begin relationships with federal agencies; new text end 10.11 new text begin (5) provide grants or other forms of financial assistance to eligible recipients for new text end 10.12 new text begin purposes of this chapter; new text end 10.13     new text begin (6) coordinate workshops, assistance with business proposals, licensing, intellectual new text end 10.14 new text begin property protection, commercialization, and government auditing with the University of new text end 10.15 new text begin Minnesota and Minnesota State Colleges and Universities; and new text end 10.16 new text begin (7) develop and implement a comprehensive science and technology economic new text end 10.17 new text begin development strategy for the state. new text end 10.18     new text begin Subd. 2. new text end new text begin Technology matchmaking. new text end new text begin The authority must assist businesses in new text end 10.19 new text begin identifying qualified suppliers and vendors through a program to serve as a conduit for new text end 10.20 new text begin Minnesota-based companies to network with firms able to support their success. Firms new text end 10.21 new text begin outside Minnesota can participate in the technology matchmaking network if one of the new text end 10.22 new text begin participating companies is located in Minnesota. new text end 10.23     new text begin Subd. 3. new text end new text begin Commercialization assistance. new text end new text begin The authority must provide new text end 10.24 new text begin commercialization assistance to Minnesota firms that have received a Phase I Small new text end 10.25 new text begin Business Innovation Research (SBIR) or a Phase I Small Business Technology Transfer new text end 10.26 new text begin (STTR) award and are submitting a Phase II proposal. Local service providers must assist new text end 10.27 new text begin the applicant with developing and reviewing the required commercialization plan prior to new text end 10.28 new text begin Phase II submission. The authority may provide SBIR Phase I proposal technical review. new text end 10.29     new text begin Subd. 4. new text end new text begin Power to sue; enter contracts. new text end new text begin The authority may sue and be sued. The new text end 10.30 new text begin authority may make and enter into contracts, leases, and agreements necessary to perform new text end 10.31 new text begin its duties and exercise its powers. new text end 10.32     new text begin Subd. 5. new text end new text begin Gifts; grants. new text end new text begin The authority may apply for, accept, and disburse gifts, new text end 10.33 new text begin grants, loans, or other property from the United States, the state, private sources, or new text end 10.34 new text begin any other source for any of its purposes. Money received by the authority under this new text end 10.35 new text begin subdivision must be deposited in the state treasury and is appropriated to the authority to new text end 10.36 new text begin carry out its duties. new text end 11.1     new text begin Subd. 6. new text end new text begin Contract for services. new text end new text begin The authority may retain or contract for the new text end 11.2 new text begin services of accountants, financial advisors, and other consultants or agents needed to new text end 11.3 new text begin perform its duties and exercise its powers. new text end 11.4     new text begin Subd. 7. new text end new text begin Fees. new text end new text begin The authority may set and collect fees for costs incurred by the new text end 11.5 new text begin authority, the Office of Enterprise Technology, the Department of Employment and new text end 11.6 new text begin Economic Development, the Department of Management and Budget, the Department of new text end 11.7 new text begin Revenue, the Department of Commerce, the Department of Labor and Industry, and the new text end 11.8 new text begin Department of Agriculture, including costs for personnel, professional, and administrative new text end 11.9 new text begin services. new text end 11.10     new text begin Subd. 8. new text end new text begin Reports. new text end new text begin (a) The authority shall report by February 1 each year to the new text end 11.11 new text begin chairs and ranking minority members of the legislative committees and divisions with new text end 11.12 new text begin jurisdiction over finance and economic development on its progress to design, coordinate, new text end 11.13 new text begin and administer a strategic science and technology program for the state to promote the new text end 11.14 new text begin welfare of the people of the state, maximize the economic growth of the state, and create new text end 11.15 new text begin and retain jobs in the state's industrial base through enhancement of Minnesota's: new text end 11.16 new text begin (1) high-technology research and development capabilities; new text end 11.17 new text begin (2) product and process innovation and commercialization; new text end 11.18 new text begin (3) high-technology manufacturing capabilities; new text end 11.19 new text begin (4) science and technology business environment; and new text end 11.20 new text begin (5) science and technology workforce preparation. new text end 11.21 new text begin (b) The report must include a complete operating and financial statement covering new text end 11.22 new text begin the authority's operations during the year, including amounts of income from all sources. new text end 11.23 new text begin Books and records of the authority are subject to audit by the legislative auditor in the new text end 11.24 new text begin manner prescribed for state agencies. new text end 11.25     new text begin Subd. 9. new text end new text begin Consultative and technical services. new text end new text begin The authority may provide general new text end 11.26 new text begin consultative and technical services to assist eligible projects and enter into agreements or new text end 11.27 new text begin other transactions concerning the receipt or provision of those services. new text end 11.28     new text begin Subd. 10. new text end new text begin Financial information. new text end new text begin Financial information, including credit reports, new text end 11.29 new text begin financial statements, and net worth calculations, received or prepared by the authority new text end 11.30 new text begin regarding financial assistance, is private data with regard to data on individuals as defined new text end 11.31 new text begin in section new text end new text begin 13.02, subdivision 12 new text end new text begin , and nonpublic data with regard to data not on individuals new text end 11.32 new text begin as defined in section new text end new text begin 13.02, subdivision 9 new text end new text begin . new text end 11.33     new text begin Subd. 11. new text end new text begin General. new text end new text begin The authority shall have all powers necessary and appropriate to new text end 11.34 new text begin fulfill its responsibilities under this chapter. new text end 11.35    Sec. 14. new text begin [116W.05] PROJECT FINANCIAL ASSISTANCE. new text end 12.1     new text begin Subdivision 1. new text end new text begin Determination of financial assistance. new text end new text begin The authority shall assist new text end 12.2 new text begin eligible recipients in identifying grants or other sources of financial assistance available to new text end 12.3 new text begin finance projects and may assist eligible recipients in applying for and obtaining grants and new text end 12.4 new text begin other forms of assistance. new text end 12.5     new text begin Subd. 2. new text end new text begin Financial feasibility review. new text end new text begin (a) The authority shall review the proposed new text end 12.6 new text begin financing for each project submitted to the authority to determine whether: (1) the new text end 12.7 new text begin proposed project and financing plan is an eligible use of the money; and (2) the proposal is new text end 12.8 new text begin in compliance with applicable state and federal tax and securities laws and regulations. new text end 12.9 new text begin Grants in excess of $50,000 must be approved by the authority. Grants of $50,000 or less new text end 12.10 new text begin may be authorized by the executive director. All grant approvals or disapprovals must new text end 12.11 new text begin be completed within 30 days of submission to the authority. Grants approved by the new text end 12.12 new text begin executive director must be reviewed by the authority each month. new text end 12.13 new text begin (b) Unless a project is specifically authorized by law, the authority may reject the new text end 12.14 new text begin proposed financing for a project meeting the requirements in paragraph (a) if there are not new text end 12.15 new text begin sufficient funds available or if a majority of members believe the financing of the project new text end 12.16 new text begin would not be in the best interests of the state or would be detrimental to the authority's new text end 12.17 new text begin funds or programs. A determination to reject a proposed project must not be made in new text end 12.18 new text begin an arbitrary and capricious manner and must be supported by substantive evidence and new text end 12.19 new text begin documented by a resolution of the authority stating its findings. new text end 12.20    Sec. 15. new text begin [116W.051] ADVISORY COMMISSION. new text end 12.21     new text begin Subdivision 1. new text end new text begin Advisory commission membership. new text end new text begin A Science and Technology new text end 12.22 new text begin Initiative Advisory Commission of 17 members is established and is comprised of: new text end 12.23 new text begin (1) two representatives of the University of Minnesota, selected by the president of new text end 12.24 new text begin the university, including a faculty member actively involved in science and technology new text end 12.25 new text begin research; new text end 12.26 new text begin (2) a representative of Minnesota State Colleges and Universities, selected by the new text end 12.27 new text begin chancellor; new text end 12.28 new text begin (3) the chief executive officer of the Mayo Clinic or a designee; new text end 12.29 new text begin (4) six chief executive officers or designees from science-oriented or new text end 12.30 new text begin technology-oriented companies; new text end 12.31 new text begin (5) four representatives from science-oriented and technology-oriented new text end 12.32 new text begin organizations; new text end 12.33 new text begin (6) one representative of organized labor; new text end 12.34 new text begin (7) a venture capital representative; and new text end 12.35 new text begin (8) a representative of angel investors. new text end 13.1 new text begin A member must have experience in science or technology in order to serve on new text end 13.2 new text begin the commission. new text end 13.3 new text begin Members of the commission listed in clauses (4) to (8) shall be appointed by the new text end 13.4 new text begin authority. new text end 13.5     new text begin Subd. 2. new text end new text begin Advisory commission duties. new text end new text begin The advisory commission must assist the new text end 13.6 new text begin authority in developing a comprehensive science and technology economic development new text end 13.7 new text begin plan to be presented to the chairs and ranking minority members of the legislative new text end 13.8 new text begin committees and divisions with jurisdiction over economic development by January new text end 13.9 new text begin 15, 2011. The plan must include recommendations in strategic areas for science and new text end 13.10 new text begin technology investments, recommendations on additional programs to support science and new text end 13.11 new text begin technology focused economic development activities in the state, selection of specific new text end 13.12 new text begin programs and grantees for support from program funds authorized by the advisory new text end 13.13 new text begin commission and ongoing assessment of the effectiveness of programmatic elements new text end 13.14 new text begin according to metrics to be developed by the authority in consultation with the advisory new text end 13.15 new text begin commission. The advisory commission may also advise and assist the authority in new text end 13.16 new text begin fulfilling its duties under section 116W.04. new text end 13.17     new text begin Subd. 3. new text end new text begin Membership terms; vacancies; compensation. new text end new text begin The membership terms, new text end 13.18 new text begin removal of members, and filling of vacancies are as provided under section 15.059. The new text end 13.19 new text begin executive director may provide compensation to members if funds are available. new text end 13.20     new text begin Subd. 4. new text end new text begin Expiration. new text end new text begin The advisory commission expires June 30, 2013. new text end 13.21     new text begin Subd. 5. new text end new text begin Convening of meetings; staffing. new text end new text begin The executive director of the authority new text end 13.22 new text begin must convene the first meeting of the commission by August 1, 2010. The executive new text end 13.23 new text begin director must provide administrative support and staff to the commission. new text end 13.24    Sec. 16. new text begin [116W.20] MONEY OF THE AUTHORITY. new text end 13.25     new text begin Subdivision 1. new text end new text begin Functions of commissioner of management and budget. new text end new text begin Except new text end 13.26 new text begin as otherwise provided in this section, money of the authority must be paid to the new text end 13.27 new text begin commissioner of management and budget as agent of the authority and the commissioner new text end 13.28 new text begin shall not commingle the money with other money. The money in the accounts of the new text end 13.29 new text begin authority must be paid out only on warrants drawn by the commissioner of management new text end 13.30 new text begin and budget on requisition of the executive director of the authority or of another officer or new text end 13.31 new text begin employee as the authority authorizes. Deposits of the authority's money must, if required new text end 13.32 new text begin by the commissioner or the authority, be secured by obligations of the United States or of new text end 13.33 new text begin the state of a market value equal at all times to the amount of the deposit and all banks and new text end 13.34 new text begin trust companies are authorized to give security for the deposits. All money paid to the new text end 13.35 new text begin commissioner as agent of the authority is appropriated to the authority. The commissioner new text end 14.1 new text begin must annually report to the committees of the legislature with responsibility for economic new text end 14.2 new text begin development and management and budget on the use of appropriations under this section. new text end 14.3     new text begin Subd. 2. new text end new text begin System of accounts. new text end new text begin The commissioner of management and budget shall new text end 14.4 new text begin prescribe a system of accounts. new text end 14.5    Sec. 17. new text begin [116W.21] NONLIABILITY. new text end 14.6     new text begin Subdivision 1. new text end new text begin Nonliability of individuals. new text end new text begin No member of the authority, staff of new text end 14.7 new text begin the authority, or other person executing other agreements or contracts of the authority is new text end 14.8 new text begin liable personally or is subject to any personal liability or accountability by reason of their new text end 14.9 new text begin issuance, execution, delivery, or performance. new text end 14.10     new text begin Subd. 2. new text end new text begin Nonliability of state. new text end new text begin The state is not liable on loans or other agreements new text end 14.11 new text begin or contracts of the authority issued or entered into under this chapter and the loans or new text end 14.12 new text begin other agreements or contracts of the authority are not a debt of the state. The loans or new text end 14.13 new text begin other agreements or contracts of the authority must contain on their face a statement new text end 14.14 new text begin to that effect. new text end 14.15    Sec. 18. new text begin [116W.23] STATE PLEDGE AGAINST IMPAIRMENT OF new text end 14.16 new text begin CONTRACTS. new text end 14.17 new text begin The state pledges and agrees with parties to any loans or other agreements or new text end 14.18 new text begin contracts of the authority that the state will not: (1) limit or alter the rights vested in the new text end 14.19 new text begin authority to fulfill the terms of any agreements made with the parties to any loans or other new text end 14.20 new text begin agreements or contracts of the authority; or (2) in any way impair the rights and remedies new text end 14.21 new text begin of the parties to any loans or other agreements or contracts of the authority. The authority new text end 14.22 new text begin may include this pledge and agreement of the state in any agreement with the parties in new text end 14.23 new text begin any loans or other agreements or contracts of the authority. new text end 14.24    Sec. 19. new text begin [116W.24] RESERVES; FUNDS; ACCOUNTS. new text end 14.25 new text begin The authority may establish reserves, funds, or accounts necessary to carry out the new text end 14.26 new text begin purposes of the authority or to comply with any agreement made by or any resolution new text end 14.27 new text begin passed by the authority. new text end 14.28    Sec. 20. Minnesota Statutes 2008, section 136F.06, is amended by adding a subdivision 14.29to read: 14.30     new text begin Subd. 4. new text end new text begin Workforce focus. new text end new text begin The board must identify colleges offering flexible new text end 14.31 new text begin academic programs that accommodate the needs of laid-off workers and assist its other new text end 15.1 new text begin institutions in determining whether to offer similar programs. Colleges must increase the new text end 15.2 new text begin number of certificate programs available to meet the needs of unemployed Minnesotans. new text end 15.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.4    Sec. 21. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision 15.5to read: 15.6     new text begin Subd. 21b. new text end new text begin Staffing service. new text end new text begin A "staffing service" is an employer whose business new text end 15.7 new text begin involves employing individuals directly for the purpose of furnishing temporary new text end 15.8 new text begin assignment workers to clients of the staffing service. new text end 15.9    Sec. 22. Minnesota Statutes 2009 Supplement, section 268.035, subdivision 23a, 15.10is amended to read: 15.11    Subd. 23a. Suitable employment. (a) Suitable employment means employment in 15.12the applicant's labor market area that is reasonably related to the applicant's qualifications. 15.13In determining whether any employment is suitable for an applicant, the degree of risk 15.14involved to the health and safety, physical fitness, prior training, experience, length 15.15of unemployment, prospects for securing employment in the applicant's customary 15.16occupation, and the distance of the employment from the applicant's residence is 15.17considered. 15.18    (b) In determining what is suitable employment, primary consideration is given to the 15.19temporary or permanent nature of the applicant's separation from employment and whether 15.20the applicant has favorable prospects of finding employment in the applicant's usual or 15.21customary occupation at the applicant's past wage level within a reasonable period of time. 15.22    If prospects are unfavorable, employment at lower skill or wage levels is suitable 15.23if the applicant is reasonably suited for the employment considering the applicant's 15.24education, training, work experience, and current physical and mental ability. 15.25    The total compensation must be considered, including the wage rate, hours of 15.26employment, method of payment, overtime practices, bonuses, incentive payments, and 15.27fringe benefits. 15.28    (c) When potential employment is at a rate of pay lower than the applicant's former 15.29rate, consideration must be given to the length of the applicant's unemployment and the 15.30proportion of difference in the rates. Employment that may not be suitable because of 15.31lower wages during the early weeks of the applicant's unemployment may become suitable 15.32as the duration of unemployment lengthens. 16.1    (d) For an applicant seasonally unemployed, suitable employment includes 16.2temporary work in a lower skilled occupation that pays average gross weekly wages equal 16.3to or more than 150 percent of the applicant's weekly unemployment benefit amount. 16.4    (e) If a majority of the applicant's weeks of employment in the base period includes 16.5part-time employment, part-time employment in a position with comparable skills and 16.6comparable hours that pays comparable wages is considered suitable employment. 16.7    Full-time employment is not considered suitable employment for an applicant if a 16.8majority of the applicant's weeks of employment in the base period includes part-time 16.9employment. 16.10    (f) To determine suitability of employment in terms of shifts, the arrangement of 16.11hours in addition to the total number of hours is to be considered. Employment on a 16.12second, third, rotating, or split shift is suitable employment if it is customary in the 16.13occupation in the labor market area. 16.14    (g) Employment is not considered suitable if: 16.15    (1) the position offered is vacant because of a labor dispute; 16.16    (2) the wages, hours, or other conditions of employment are substantially less 16.17favorable than those prevailing for similar employment in the labor market area; or 16.18    (3) as a condition of becoming employed, the applicant would be required to join a 16.19company union or to resign from or refrain from joining any bona fide labor organization new text begin ; new text end 16.20 new text begin or new text end 16.21 new text begin (4) the employment is with a staffing service and less than 75 percent of the new text end 16.22 new text begin applicant's wage credits are from a job assignment with the client of a staffing service new text end . 16.23 new text begin (h) A job assignment with a staffing service is considered suitable only if 75 new text end 16.24 new text begin percent or more of the applicant's wage credits are from job assignments with clients of new text end 16.25 new text begin a staffing service and the job assignment meets the definition of suitable employment new text end 16.26 new text begin under paragraph (a). new text end 16.27    Sec. 23. Minnesota Statutes 2008, section 268.085, subdivision 16, is amended to read: 16.28    Subd. 16. Actively seeking suitable employment defined. (a) "Actively seeking 16.29suitable employment" means those reasonable, diligent efforts an individual in similar 16.30circumstances would make if genuinely interested in obtaining suitable employment under 16.31the existing conditions in the labor market area. Limiting the search to positions that are 16.32not available or are above the applicant's training, experience, and qualifications is not 16.33"actively seeking suitable employment." 17.1    (b) To be considered "actively seeking suitable employment" an applicant must, 17.2when reasonable, contact those employers from whom the applicant was laid off because 17.3of lack of work and request suitable employment. 17.4    (c) If reasonable prospects of suitable employment in the applicant's usual or 17.5customary occupation do not exist, the applicant must actively seek other suitable 17.6employment to be considered "actively seeking suitable employment." This applies to an 17.7applicant who is seasonally unemployed. 17.8    (d) new text begin Actively seeking a suitable job assignment or other employment with a staffing new text end 17.9 new text begin service is considered actively seeking suitable employment. new text end 17.10 new text begin (e) new text end An applicant who is seeking employment only through a union is considered 17.11actively seeking suitable employment if the applicant is in an occupation where hiring 17.12in that locality is done through the union. If the applicant is a union member who is 17.13restricted to obtaining employment among signatory contractors in the construction 17.14industry, seeking employment only with those signatory contractors is considered actively 17.15seeking employment. The applicant must be a union member in good standing, registered 17.16with the union for employment, and in compliance with other union rules to be considered 17.17"actively seeking suitable employment." 17.18    Sec. 24. Minnesota Statutes 2009 Supplement, section 268.095, subdivision 2, is 17.19amended to read: 17.20    Subd. 2. Quit defined. (a) A quit from employment occurs when the decision to end 17.21the employment was, at the time the employment ended, the employee's. 17.22    (b) An employee who has been notified that the employee will be discharged in the 17.23future, who chooses to end the employment while employment in any capacity is still 17.24available, is considered to have quit the employment. 17.25    (c) An employee who seeks to withdraw a previously submitted notice of quitting is 17.26considered to have quit the employment if the employer does not agree that the notice 17.27may be withdrawn. 17.28    (d) An applicant who, within five calendar days after completion of a suitable 17.29temporary job assignment from a staffing service employer, (1) fails without good cause to 17.30affirmatively request an additional new text begin suitable new text end job assignment, (2) refuses without good cause 17.31an additional suitable job assignment offered, or (3) accepts employment with the client 17.32of the staffing service, is considered to have quit employment with the staffing service. 17.33Accepting employment with the client of the staffing service meets the requirements of the 17.34exception to ineligibility under subdivision 1, clause (2). 18.1    This paragraph applies only if, at the time of beginning of employment with the 18.2staffing service employer, the applicant signed and was provided a copy of a separate 18.3document written in clear and concise language that informed the applicant of this 18.4paragraph and that unemployment benefits may be affected. 18.5    For purposes of this paragraph, "good cause" is a reason that is significant and 18.6would compel an average, reasonable worker, who would otherwise want an additional 18.7temporary new text begin suitable new text end job assignment with the staffing service employer, (1) to fail to contact 18.8the staffing service employer, or (2) to refuse an offered assignment. 18.9    For purposes of this paragraph, a "staffing service employer" is an employer whose 18.10business involves employing individuals directly for the purpose of furnishing temporary 18.11job assignment workers to clients of the staffing service. 18.12    Sec. 25. Minnesota Statutes 2008, section 268.095, subdivision 5, is amended to read: 18.13    Subd. 5. Discharge defined. (a) A discharge from employment occurs when any 18.14words or actions by an employer would lead a reasonable employee to believe that the 18.15employer will no longer allow the employee to work for the employer in any capacity. A 18.16layoff because of lack of work is considered a discharge. A suspension from employment 18.17without pay of more than 30 calendar days is considered a discharge. 18.18    (b) An employee who gives notice of intention to quit the employment and is not 18.19allowed by the employer to work the entire notice period is considered discharged from 18.20the employment as of the date the employer will no longer allow the employee to work. If 18.21the discharge occurs within 30 calendar days before the intended date of quitting, then, 18.22as of the intended date of quitting, the separation from employment is considered a quit 18.23from employment subject to subdivision 1. 18.24 new text begin (c) The end of a job assignment with the client of a staffing service is considered a new text end 18.25 new text begin discharge from employment with the staffing service unless section 268.095, subdivision new text end 18.26 new text begin 2, paragraph (d), applies. new text end 18.27    Sec. 26. Minnesota Statutes 2009 Supplement, section 268.095, subdivision 6, is 18.28amended to read: 18.29    Subd. 6. Employment misconduct defined. (a) Employment misconduct means 18.30any intentional, negligent, or indifferent conduct, on the job or off the job that displays 18.31clearly: 18.32(1) a serious new text begin is an egregious new text end violation of the standards of behavior the employer has 18.33the right to reasonably expect of the employee; or new text begin and displays clearly new text end 19.1(2) a substantial lack of concern for the employment. new text begin The term "egregious," as new text end 19.2 new text begin used in this subdivision, sets a high threshold, and application of the term must take into new text end 19.3 new text begin consideration section 268.031, subdivision 2. new text end 19.4(b) Regardless of paragraph (a), the following is not employment misconduct: 19.5(1) conduct that was a consequence of the applicant's mental illness or impairment; 19.6    (2) new text begin conduct that was a consequence of the applicant's new text end inefficiency or inadvertence; 19.7(3) simple unsatisfactory conduct; 19.8(4) conduct an average reasonable employee would have engaged in under the 19.9circumstances; 19.10(5) poor performance because of new text begin conduct that was a consequence of the applicant's new text end 19.11 inability or incapacity; 19.12(6) good faith errors in judgment if judgment was required; 19.13(7) absence because of illness or injury of the applicant, with proper notice to the 19.14employer; 19.15(8) absence, with proper notice to the employer, in order to provide necessary care 19.16because of the illness, injury, or disability of an immediate family member of the applicant; 19.17    (9) conduct that was a direct result new text begin consequence new text end of the applicant's chemical 19.18dependency, unless the applicant was previously diagnosed chemically dependent or had 19.19treatment for chemical dependency, and since that diagnosis or treatment has failed to 19.20make consistent efforts to control the chemical dependency; or 19.21    (10) conduct that was a result new text begin consequence new text end of the applicant, or an immediate family 19.22member of the applicant, being a victim of domestic abuse as defined under section 19.23518B.01 . Domestic abuse must be shown as provided for in subdivision 1, clause (9). 19.24    (c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20, 19.25169A.31 , or 169A.50 to 169A.53 that interferes with or adversely affects the employment 19.26is employment misconduct. 19.27(d) If the conduct for which the applicant was discharged involved only a single 19.28incident, that is an important fact that must be considered in deciding whether the conduct 19.29rises to the level of employment misconduct under paragraph (a). 19.30    (e) The definition of employment misconduct provided by this subdivision is 19.31exclusive and no other definition applies. 19.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for determinations under section new text end 19.33 new text begin 268.101, subdivision 2, and appeal decisions under section 268.105, subdivision 1, issued new text end 19.34 new text begin on and after the Sunday following final enactment. new text end 20.1    Sec. 27. Minnesota Statutes 2008, section 268.101, is amended by adding a subdivision 20.2to read: 20.3     new text begin Subd. 2a. new text end new text begin Telephone number. new text end new text begin Every determination issued under subdivision 2 new text end 20.4 new text begin must include a prominently displayed telephone number that an applicant or involved new text end 20.5 new text begin employer can call to speak with an unemployment insurance specialist and obtain further new text end 20.6 new text begin explanation about the determination and have any questions answered. The specialist new text end 20.7 new text begin must, when appropriate, issue an amended determination as provided for in subdivision 4. new text end 20.8 new text begin The listed telephone number must be unique to a specialized call group trained to handle new text end 20.9 new text begin calls involving determinations. new text end 20.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 3, 2010, and expires new text end 20.11 new text begin September 30, 2012. new text end 20.12    Sec. 28. Minnesota Statutes 2009 Supplement, section 268.105, subdivision 1, is 20.13amended to read: 20.14    Subdivision 1. Evidentiary hearing by unemployment law judge. (a) Upon 20.15a timely appeal having been filed, the department must send, by mail or electronic 20.16transmission, a notice of appeal to all involved parties that an appeal has been filed, and 20.17that a de novo due process evidentiary hearing will be scheduled. The notice must set out 20.18the parties' rights and responsibilities regarding the hearing. The notice must explain that 20.19the facts will be determined by the unemployment law judge based upon a preponderance 20.20of the evidence. The notice must explain in clear and simple language the meaning of the 20.21term "preponderance of the evidence." The department must set a time and place for a 20.22de novo due process evidentiary hearing and send notice to any involved applicant and 20.23any involved employer, by mail or electronic transmission, not less than ten calendar 20.24days before the date of the hearing. 20.25    (b) The evidentiary hearing is conducted by an unemployment law judge as an 20.26evidence gathering inquiry. At the beginning of the hearing the unemployment law judge 20.27must fully explain how the hearing will be conducted, that the applicant has the right to 20.28request that the hearing be rescheduled so that documents or witnesses can be subpoenaed, 20.29that the facts will be determined based on a preponderance of the evidence, and, in 20.30clear and simple language, the meaning of the term "preponderance of the evidence." 20.31The unemployment law judge must ensure that all relevant facts are clearly and fully 20.32developed. The department may adopt rules on evidentiary hearings. The rules need 20.33not conform to common law or statutory rules of evidence and other technical rules of 20.34procedure. The department has discretion regarding the method by which the evidentiary 20.35hearing is conducted. A report of any employee of the department, except a determination, 21.1made in the regular course of the employee's duties, is competent evidence of the facts 21.2contained in it. An affidavit or written statement based on personal knowledge and signed 21.3under penalty of perjury is competent evidence of the facts contained in it; however, the 21.4veracity of statements contained within the document or the credibility of the witness 21.5making the statement may be disputed with other documents or testimony and production 21.6of such documents or testimony may be compelled by subpoena. 21.7    (c) After the conclusion of the hearing, upon the evidence obtained, the 21.8unemployment law judge must make findings of fact and decision and send those, by mail 21.9or electronic transmission, to all involved parties. When the credibility of an involved 21.10party or witness testifying in an evidentiary hearing has a significant effect on the outcome 21.11of a decision, the unemployment law judge must set out the reason for crediting or 21.12discrediting that testimony. The unemployment law judge's decision is final unless a 21.13request for reconsideration is filed under subdivision 2. 21.14    (d) Regardless of paragraph (c), if the appealing party fails to participate in the 21.15evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal 21.16by summary order. By failing to participate, the appealing party is considered to have 21.17failed to exhaust available administrative remedies unless the appealing party files a 21.18request for reconsideration under subdivision 2 and establishes good cause for failing to 21.19participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission 21.20of a written statement does not constitute participation. The applicant must participate 21.21personally and appearance solely by a representative does not constitute participation. 21.22    (e) Only employees of the department who are attorneys licensed to practice law 21.23in Minnesota may serve as the chief unemployment law judge, senior unemployment 21.24law judges who are supervisors, or unemployment law judges. The commissioner 21.25must designate a chief unemployment law judge. The chief unemployment law judge 21.26may transfer to another unemployment law judge any proceedings pending before an 21.27unemployment law judge. 21.28 new text begin (f) A full-time unemployment law judge must be paid a salary of a minimum of 55 new text end 21.29 new text begin percent and a maximum of 75 percent of the salary set under section 15A.083, subdivision new text end 21.30 new text begin 7, for a workers' compensation judge. The salary paid within that range to any single new text end 21.31 new text begin unemployment law judge is based on experience and performance. new text end 21.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010, and applies to all new new text end 21.33 new text begin unemployment law judges hired on or after that date. new text end 21.34    Sec. 29. Minnesota Statutes 2008, section 268.184, subdivision 1, is amended to read: 22.1    Subdivision 1. Administrative penalties. (a) The commissioner shall penalize 22.2an employer if that employer or any employee, officer, or agent of that employer, is 22.3in collusion with any applicant for the purpose of assisting the applicant to receive 22.4unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment 22.5benefits determined to be overpaid, whichever is greater. 22.6    (b) The commissioner shall penalize an employer if that employer or any employee, 22.7officer, or agent of that employer (1) made a false statement or representation knowing 22.8it to be false, (2) made a false statement or representation without a good faith belief as 22.9to correctness of the statement or representation, or (3) knowingly failed to disclose a 22.10material fact; new text begin , or (4) made an offer of employment to an applicant when, in fact, the new text end 22.11 new text begin employer had no employment available, new text end but only if the employer's action: 22.12     (i) was taken to prevent or reduce the payment of unemployment benefits to any 22.13applicant; 22.14    (ii) was taken to reduce or avoid any payment required from an employer under 22.15this chapter or section 116L.20; or 22.16    (iii) caused an overpayment of unemployment benefits to an applicant. 22.17    The penalty is $500, or 50 percent of the overpaid or reduced unemployment benefits 22.18or payment required, whichever is greater. 22.19    (c) The commissioner shall penalize an employer if that employer failed or refused 22.20to honor a subpoena issued under section 268.105, subdivision 4, or section 268.188. The 22.21penalty is $500 and any costs of enforcing the subpoena, including attorney fees. 22.22    (d) Penalties under this subdivision are in addition to any other penalties and subject 22.23to the same collection procedures that apply to past due taxes. Penalties must be paid 22.24within 30 calendar days of assessment and credited to the contingent account. 22.25    (e) The assessment of the penalty is final unless the employer files an appeal within 22.2620 calendar days after the sending of notice of the penalty to the employer by mail or 22.27electronic transmission. Proceedings on the appeal are conducted in accordance with 22.28section 268.105. 22.29    Sec. 30. new text begin [326B.091] DEFINITIONS. new text end 22.30     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 22.31 new text begin terms defined in this section have the meanings given them. new text end 22.32     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 22.33 new text begin department an application for a license. new text end 22.34     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 22.35 new text begin of approval authorized by chapters 326B and 327B to be issued by the commissioner new text end 23.1 new text begin or department as a condition of doing business or conducting a trade, profession, new text end 23.2 new text begin or occupation in Minnesota. License includes specifically but not exclusively an new text end 23.3 new text begin authorization issued by the commissioner or department: to perform electrical work, new text end 23.4 new text begin plumbing or water conditioning work, high pressure piping work, or residential building new text end 23.5 new text begin work of a residential contractor, residential remodeler, or residential roofer; to install new text end 23.6 new text begin manufactured housing; to serve as a building official; or to operate a boiler or boat. new text end 23.7     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 23.8 new text begin authorized to do business or conduct the trade, profession, or occupation in Minnesota. new text end 23.9     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 23.10 new text begin notification from the department to an applicant that the applicant is qualified to take the new text end 23.11 new text begin examination required for licensure. new text end 23.12     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 23.13 new text begin license, means 30 days before the date that the license expires. new text end 23.14    Sec. 31. new text begin [326B.092] FEES. new text end 23.15     new text begin Subdivision 1. new text end new text begin Licenses requiring examination administered by commissioner. new text end 23.16 new text begin (a) If the applicant for a license must pass an examination administered by the new text end 23.17 new text begin commissioner in order to obtain the license, then the application for the initial license new text end 23.18 new text begin must be accompanied by an application and examination fee of $50, which is separate new text end 23.19 new text begin from the license fee. The license fee is due after the applicant passes the examination new text end 23.20 new text begin and before the license is issued. new text end 23.21 new text begin (b) If the applicant for a Minnesota license holds a license in another state and new text end 23.22 new text begin is seeking Minnesota licensure without examination based on reciprocity, then the new text end 23.23 new text begin application for the Minnesota license must be accompanied by the application and new text end 23.24 new text begin examination fee of $50, which is separate from the license fee. If the commissioner new text end 23.25 new text begin approves the application, then the license fee is due before the license is issued. new text end 23.26     new text begin Subd. 2. new text end new text begin Licenses not requiring examination administered by commissioner. new text end 23.27 new text begin If the applicant for a license is not required to pass an examination in order to obtain the new text end 23.28 new text begin license, or is required to pass an examination that is not administered by the commissioner, new text end 23.29 new text begin then the license fee must accompany the application for the license. If the application is new text end 23.30 new text begin for a license issued under sections 326B.802 to 326B.885 and is not an application for new text end 23.31 new text begin license renewal, then the contractor recovery fund fee required under section 326B.89, new text end 23.32 new text begin subdivision 3, is due after the department has determined that the applicant meets the new text end 23.33 new text begin qualifications for licensing and before the license is issued. new text end 23.34     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 23.35 new text begin renewal by the renewal deadline but not more than 90 days before the renewal deadline. If new text end 24.1 new text begin the department receives a renewal application after the expiration of the license, then the new text end 24.2 new text begin renewal application must be accompanied by a late fee equal to one-half of the license new text end 24.3 new text begin renewal fee; except that, for the purpose of calculating the late fee only, the license new text end 24.4 new text begin renewal fee shall not include any contractor recovery fund fee required by section new text end 24.5 new text begin 326B.89, subdivision 3. new text end 24.6     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 24.7 new text begin within two years after expiration of the license, the renewal application must be new text end 24.8 new text begin accompanied by all license renewal fees to cover the period that the license was expired, new text end 24.9 new text begin plus the late fee described in subdivision 3 and the license renewal fee for the current new text end 24.10 new text begin renewal period. new text end 24.11     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 24.12 new text begin the application, then the application will be incomplete and the department will notify the new text end 24.13 new text begin applicant of the amount of the deficiency. new text end 24.14     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 24.15 new text begin license renewal fees, and late fees are nonrefundable except for: new text end 24.16 new text begin (1) license renewal fees received more than two years after expiration of the license, new text end 24.17 new text begin as described in section 326B.094, subdivision 2; new text end 24.18 new text begin (2) any overpayment of fees; and new text end 24.19 new text begin (3) if the license is not renewed, the contractor recovery fund fee and any additional new text end 24.20 new text begin assessment paid under subdivision 7, paragraph (e). new text end 24.21     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 24.22 new text begin except a renewed license shall be the base license fee plus any applicable board fee, as new text end 24.23 new text begin set forth in this subdivision. The license renewal fee for each renewed license is the new text end 24.24 new text begin base license fee plus any applicable board fee, continuing education fee, and contractor new text end 24.25 new text begin recovery fund fee and additional assessment, as set forth in this subdivision. new text end 24.26 new text begin (b) For purposes of this section, "license duration" means the number of years for new text end 24.27 new text begin which the license is issued except that: new text end 24.28 new text begin (1) if the initial license is not issued for a whole number of years, the license duration new text end 24.29 new text begin shall be rounded up to the next whole number; and new text end 24.30 new text begin (2) if the department receives an application for license renewal after the renewal new text end 24.31 new text begin deadline, license duration means the number of years for which the renewed license would new text end 24.32 new text begin have been issued if the renewal application had been submitted on time and all other new text end 24.33 new text begin requirements for renewal had been met. new text end 24.34 new text begin (c) The base license fee shall depend on whether the license is classified as an entry new text end 24.35 new text begin level, master, journeyman, or business license, and on the license duration. The base new text end 24.36 new text begin license fee shall be: new text end 25.1 new text begin License Classification new text end new text begin License Duration new text end 25.2 new text begin 1 Year new text end new text begin 2 Years new text end new text begin 3 Years new text end 25.3 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 25.4 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 25.5 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 25.6 new text begin Business new text end new text begin $90 new text end new text begin $180 new text end new text begin $270 new text end 25.7 new text begin (d) If there is a continuing education requirement for renewal of the license, then new text end 25.8 new text begin a continuing education fee must be included in the renewal license fee. The continuing new text end 25.9 new text begin education fee for all license classifications shall be: $10 if the renewal license duration is new text end 25.10 new text begin one year; $20 if the renewal license duration is two years; and $30 if the renewal license new text end 25.11 new text begin duration is three years. new text end 25.12 new text begin (e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to new text end 25.13 new text begin 326B.93, then a board fee must be included in the license fee and the renewal license fee. new text end 25.14 new text begin The board fee for all license classifications shall be: $4 if the license duration is one year; new text end 25.15 new text begin $8 if the license duration is two years; and $12 if the license duration is three years. new text end 25.16 new text begin (f) If the application is for the renewal of a license issued under sections 326B.802 new text end 25.17 new text begin to 326B.885, then the contractor recovery fund fee required under section 326B.89, new text end 25.18 new text begin subdivision 3, and any additional assessment required under section 326B.89, subdivision new text end 25.19 new text begin 16, must be included in the license renewal fee. new text end 25.20    Sec. 32. new text begin [326B.093] LICENSES REQUIRING EXAMINATION new text end 25.21 new text begin ADMINISTERED BY COMMISSIONER. new text end 25.22     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 25.23 new text begin pass an examination administered by the commissioner in order to obtain the license, then new text end 25.24 new text begin the applicant's complete application must demonstrate that the applicant is qualified to new text end 25.25 new text begin take the examination. The applicant is qualified to take the examination if the applicant new text end 25.26 new text begin meets all requirements for the license except for passing the examination. new text end 25.27     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 25.28 new text begin the examination, then the commissioner must deny the application. The applicant may new text end 25.29 new text begin subsequently submit another application, accompanied by the required fee. new text end 25.30     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 25.31 new text begin examination, then the department must notify the applicant, and the applicant may new text end 25.32 new text begin schedule a time to take the examination within one year after the notification date. If the new text end 25.33 new text begin applicant does not take the examination at the scheduled time, the applicant may, one new text end 25.34 new text begin time only, reschedule a time to take the examination on a date within one year after the new text end 25.35 new text begin notification date. If the applicant fails to take the examination within one year after the new text end 25.36 new text begin notification date, the commissioner must deny the application and the applicant forfeits the new text end 26.1 new text begin application/examination fee. The applicant may subsequently submit another application, new text end 26.2 new text begin accompanied by the required application/examination fee. new text end 26.3     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 26.4 new text begin examination and meets all other requirements for licensure, the commissioner must new text end 26.5 new text begin approve the application and notify the applicant of the approval within 60 days of the date new text end 26.6 new text begin of the passing score. The applicant must, within 90 days after the notification of approval, new text end 26.7 new text begin pay the license fee. Upon receipt of the license fee, the commissioner must issue the new text end 26.8 new text begin license. If the applicant does not pay the license fee within 90 days after the notification new text end 26.9 new text begin of approval, the commissioner will rescind the approval and must deny the application. new text end 26.10 new text begin If the applicant does not receive a passing score on the examination, the commissioner new text end 26.11 new text begin must deny the application. If the application is denied because of the applicant's failure new text end 26.12 new text begin to receive a passing score on the examination, then the applicant cannot submit a new new text end 26.13 new text begin application for the license until at least 30 days after the notification of denial. new text end 26.14    Sec. 33. new text begin [326B.094] RENEWAL OF LICENSES. new text end 26.15     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 26.16 new text begin commissioner issues a renewal of a license, the license expires on the expiration date new text end 26.17 new text begin printed on the license. While the license is expired, the licensee cannot perform the new text end 26.18 new text begin activities authorized by the license. new text end 26.19     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 26.20 new text begin than two years after the expiration of the license. If the department receives a complete new text end 26.21 new text begin renewal application no later than two years after the expiration of the license, then the new text end 26.22 new text begin department must approve or deny the renewal application within 60 days of receiving the new text end 26.23 new text begin complete renewal application. If the department receives a renewal application more than new text end 26.24 new text begin two years after the expiration of the license, the department must return the renewal new text end 26.25 new text begin license fee to the applicant without approving or denying the application. If the licensee new text end 26.26 new text begin wishes to obtain a valid license more than two years after expiration of the license, the new text end 26.27 new text begin licensee must apply for a new license. new text end 26.28     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 26.29 new text begin a complete application to renew a license no later than the renewal deadline. If the new text end 26.30 new text begin department does not receive a complete application by the renewal deadline, the license new text end 26.31 new text begin may expire before the department has either approved or denied the renewal application. new text end 26.32    Sec. 34. new text begin [326B.095] INCOMPLETE LICENSE APPLICATIONS. new text end 26.33 new text begin This section applies to both applications for initial licenses and license renewal new text end 26.34 new text begin applications. If the department determines that an application is incomplete, the new text end 27.1 new text begin department must notify the applicant of the deficiencies that must be corrected in new text end 27.2 new text begin order to complete the application. If the applicant wishes to complete the application, new text end 27.3 new text begin the department must receive the completed application within 90 days after the date new text end 27.4 new text begin the department mailed or delivered the incomplete application to the applicant. If the new text end 27.5 new text begin department does not receive the completed application by this deadline, the commissioner new text end 27.6 new text begin must deny the application and the applicant will forfeit all fees except as provided new text end 27.7 new text begin in section 326B.092, subdivision 6. If the application is for license renewal and the new text end 27.8 new text begin department receives the corrected application after the license has expired, then the new text end 27.9 new text begin corrected application must be accompanied by the late fee. new text end 27.10    Sec. 35. new text begin [326B.096] REINSTATEMENT OF LICENSES. new text end 27.11     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 27.12 new text begin this chapter and if an applicant for a license needs to pass an examination administered by new text end 27.13 new text begin the commissioner before becoming licensed, then, in order to have the license reinstated, new text end 27.14 new text begin the person who holds the revoked license must: new text end 27.15 new text begin (1) retake the examination and achieve a passing score; and new text end 27.16 new text begin (2) meet all other requirements for an initial license, including payment of the new text end 27.17 new text begin application and examination fee and the license fee. The person holding the revoked new text end 27.18 new text begin license is not eligible for Minnesota licensure without examination based on reciprocity. new text end 27.19 new text begin (b) If a license is revoked under a chapter other than this chapter, then, in order to new text end 27.20 new text begin have the license reinstated, the person who holds the revoked license must: new text end 27.21 new text begin (1) apply for reinstatement to the commissioner no later than two years after the new text end 27.22 new text begin effective date of the revocation; new text end 27.23 new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license new text end 27.24 new text begin fee; and new text end 27.25 new text begin (3) meet all applicable requirements for licensure, except that, unless required by the new text end 27.26 new text begin order revoking the license, the applicant does not need to retake any examination and does new text end 27.27 new text begin not need to repay a license fee that was paid before the revocation. new text end 27.28     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 27.29 new text begin to have the license reinstated, the person who holds the suspended license must: new text end 27.30 new text begin (1) apply for reinstatement to the commissioner no later than two years after the new text end 27.31 new text begin completion of the suspension period; new text end 27.32 new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license new text end 27.33 new text begin fee; and new text end 28.1 new text begin (3) meet all applicable requirements for licensure, except that, unless required by the new text end 28.2 new text begin order suspending the license, the applicant does not need to retake any examination and new text end 28.3 new text begin does not need to repay a license fee that was paid before the suspension. new text end 28.4     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 28.5 new text begin individual may voluntarily terminate a license issued to the person under this chapter. If a new text end 28.6 new text begin licensee has voluntarily terminated a license under this subdivision, then, in order to have new text end 28.7 new text begin the license reinstated, the person who holds the terminated license must: new text end 28.8 new text begin (1) apply for reinstatement to the commissioner no later than the date that the license new text end 28.9 new text begin would have expired if it had not been terminated; new text end 28.10 new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license new text end 28.11 new text begin fee; and new text end 28.12 new text begin (3) meet all applicable requirements for licensure, except that the applicant does not new text end 28.13 new text begin need to repay a license fee that was paid before the termination. new text end 28.14    Sec. 36. new text begin [326B.097] PROHIBITION OF TRANSFER. new text end 28.15 new text begin A licensee shall not transfer or sell any license. new text end 28.16    Sec. 37. new text begin [326B.098] CONTINUING EDUCATION. new text end 28.17     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 28.18 new text begin the department for the purpose of allowing licensees to meet continuing education new text end 28.19 new text begin requirements for license renewal. new text end 28.20     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 28.21 new text begin attend a seminar may reschedule one time only, to attend the same seminar on a date new text end 28.22 new text begin within one year after the date of the seminar the individual was registered to attend. new text end 28.23     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 28.24 new text begin nonrefundable except for any overpayment of fees. new text end 28.25    Sec. 38. Minnesota Statutes 2008, section 326B.133, subdivision 1, is amended to read: 28.26    Subdivision 1. Designation. Each municipality shall designate a building official to 28.27administer the code. A municipality may designate no more than one building official 28.28responsible for code administration defined by each certification category established in 28.29rule new text begin created by statute or rule new text end . Two or more municipalities may combine in the designation 28.30of a building official for the purpose of administering the provisions of the code within 28.31their communities. In those municipalities for which no building officials have been 28.32designated, the state building official may use whichever state employees are necessary to 28.33perform the duties of the building official until the municipality makes a temporary or 29.1permanent designation. All costs incurred by virtue of these services rendered by state 29.2employees must be borne by the involved municipality and receipts arising from these 29.3services must be paid to the commissioner. 29.4    Sec. 39. Minnesota Statutes 2008, section 326B.133, is amended by adding a 29.5subdivision to read: 29.6     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 29.7 new text begin shall submit a completed application on a form approved by the commissioner to the new text end 29.8 new text begin department. The commissioner shall review applications for compliance with the new text end 29.9 new text begin requirements established by rule. new text end 29.10 new text begin (b) Application for initial certification or renewal certification as a building official, new text end 29.11 new text begin building official-limited, or accessibility specialist shall be according to this section and new text end 29.12 new text begin sections 326B.092 to 326B.095. new text end 29.13 new text begin (c) Fees shall be paid to the department according to section 326B.092. new text end 29.14 new text begin (d) Unless revoked or suspended under this chapter, all certifications issued or new text end 29.15 new text begin renewed under this section expire two years from the date of original issuance and every new text end 29.16 new text begin two years thereafter. new text end 29.17    Sec. 40. Minnesota Statutes 2008, section 326B.133, subdivision 3, is amended to read: 29.18    Subd. 3. Certification new text begin criteria new text end . The commissioner shall by rule establish 29.19certification criteria as proof of qualification pursuant to subdivision 2. The commissioner 29.20may: 29.21    (1) develop and administer written and practical examinations to determine if a 29.22person is qualified pursuant to subdivision 2 to be a building official; 29.23    (2) accept documentation of successful completion of testing programs developed 29.24and administered by nationally recognized testing agencies, as proof of qualification 29.25pursuant to subdivision 2; or 29.26    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory 29.27training program developed or approved by the commissioner. 29.28    Upon a determination of qualification under clause (1), (2), or (3), the commissioner 29.29shall issue a certificate to the building official stating that the official is certified. Each 29.30person applying for examination and certification pursuant to this section shall pay a 29.31nonrefundable fee of $70. The commissioner or a designee may establish categories of 29.32certification that will recognize the varying complexities of code enforcement in the 29.33municipalities within the state. The commissioner shall provide educational programs 29.34designed to train and assist building officials in carrying out their responsibilities. 30.1    Sec. 41. Minnesota Statutes 2008, section 326B.133, is amended by adding a 30.2subdivision to read: 30.3     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 30.4 new text begin the State Building Code, the responsibilities for code administration and enforcement new text end 30.5 new text begin are under the authority of its designated building official or the certified building new text end 30.6 new text begin official-limited. new text end 30.7 new text begin (b) Certified building official. This certification is identified as "certified building new text end 30.8 new text begin official" on the certificate card. This certification is granted to an individual who has met new text end 30.9 new text begin the certified building official requirements established by rule and passed the written new text end 30.10 new text begin examination prepared by the state. A person with this certification may serve as the new text end 30.11 new text begin designated building official for any municipality. For the purposes of calculating fees new text end 30.12 new text begin under section 326B.092, certification as a building official is a master license. new text end 30.13 new text begin (c) Certified building official-limited. This certification is identified as "certified new text end 30.14 new text begin building official-limited" on the certification card. This certification is granted to an new text end 30.15 new text begin individual who has met the certified building official-limited requirements established by new text end 30.16 new text begin rule and passed the written examination prepared by the state. An individual with this new text end 30.17 new text begin certification may perform code administration for one- and two-family dwellings, their new text end 30.18 new text begin accessory structures, and "exempt classes of buildings" as provided in Minnesota Rules, new text end 30.19 new text begin part 1800.5000, of the Board of Architecture, Engineering, Land Surveying, Landscape new text end 30.20 new text begin Architecture, Geoscience, and Interior Design, and "facilities for persons with physical new text end 30.21 new text begin disabilities" that are governed by the State Building Code. Subject to the limitations of the new text end 30.22 new text begin building official-limited certification, an individual with this certification may serve as new text end 30.23 new text begin the designated building official for any municipality. Code administration for all other new text end 30.24 new text begin buildings must be performed by a certified building official as defined in paragraph (a). A new text end 30.25 new text begin certified building official-limited may conduct inspections for other structures regulated new text end 30.26 new text begin by the State Building Code under the direction of a designated certified building official or new text end 30.27 new text begin the state building official. new text end 30.28 new text begin Subject to all other certification requirements, as of January 1, 2012, valid Class I new text end 30.29 new text begin certifications shall be included in the certified building official-limited category upon the new text end 30.30 new text begin next immediate renewal. For the purposes of calculating fees under section 326B.092, new text end 30.31 new text begin certification as a building official-limited is a journeyman license. new text end 30.32 new text begin (d) Accessibility specialist. This certification is identified as accessibility specialist new text end 30.33 new text begin on the certification card. This certification is granted to an individual who has met new text end 30.34 new text begin the "accessibility specialist" requirements established by rule and passed the written new text end 30.35 new text begin examination prepared by the state. An individual with this classification is limited to the new text end 30.36 new text begin administration of those provisions of the State Building Code that provide access for new text end 31.1 new text begin persons with disabilities. For the purposes of calculating fees under section 326B.092, new text end 31.2 new text begin certification as an accessibility specialist is a journeyman license. new text end 31.3    Sec. 42. Minnesota Statutes 2008, section 326B.133, subdivision 8, is amended to read: 31.4    Subd. 8. Continuing education new text begin requirements; extension of time new text end . new text begin (a) This new text end 31.5 new text begin subdivision establishes the number of continuing education units required within each new text end 31.6 new text begin two-year certification period. new text end 31.7 new text begin A certified building official shall accumulate 16 continuing education units in any new text end 31.8 new text begin education program that is approved under Minnesota Rules, part 1301.1000. new text end 31.9 new text begin A certified building official-limited shall, in each year of the initial two-year new text end 31.10 new text begin certification period, accumulate eight continuing education units in any education program new text end 31.11 new text begin that is approved under Minnesota Rules, part 1301.1000. Continuing education units new text end 31.12 new text begin shall be reported annually during the initial two-year certification period by the method new text end 31.13 new text begin established in rule. A certified building official-limited shall accumulate 16 continuing new text end 31.14 new text begin education units for each two-year certification period thereafter in any education program new text end 31.15 new text begin that is approved under Minnesota Rules, part 1301.1000. new text end 31.16 new text begin An accessibility specialist must accumulate four continuing education units in any new text end 31.17 new text begin of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four new text end 31.18 new text begin units must be for courses relating to building accessibility, plan review, field inspection, new text end 31.19 new text begin or building code administration. new text end 31.20 new text begin Continuing education programs may be approved as established in rule. new text end 31.21     new text begin (b) new text end Subject to sections 326B.101 to 326B.194, the commissioner may by rule 31.22establish or approve continuing education programs for certified building officials dealing 31.23with matters of building code administration, inspection, and enforcement. 31.24    Each person certified as a building official for the state must satisfactorily complete 31.25applicable educational programs established or approved by the commissioner to retain new text begin new text end 31.26 new text begin renew new text end certification. 31.27 new text begin (c) The state building official may grant an extension of time to comply with new text end 31.28 new text begin continuing education requirements if the certificate holder requesting the extension of new text end 31.29 new text begin time shows cause for the extension. The request for the extension must be in writing. For new text end 31.30 new text begin purposes of this section, the certificate holder's current certification effective dates shall new text end 31.31 new text begin remain the same. The extension does not relieve the certificate holder from complying new text end 31.32 new text begin with the continuing education requirements for the next two-year period. new text end 31.33    Sec. 43. Minnesota Statutes 2008, section 326B.133, subdivision 11, is amended to 31.34read: 32.1    Subd. 11. Failure to renew. An individual who has failed to make a timely 32.2application for renewal of a certificate is not certified and must not serve as the designated 32.3building official for any municipality new text begin , or a certified building official, a certified building new text end 32.4 new text begin official-limited, or an accessibility specialist new text end until a renewed certificate has been issued by 32.5the commissioner. 32.6    Sec. 44. Minnesota Statutes 2008, section 326B.197, is amended to read: 32.7326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS. 32.8    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 32.9fuel burning, or refrigeration work must give new text begin and maintain new text end bond to the state in the amount 32.10of $25,000 for all work entered into within the state. The bond must be for the benefit of 32.11persons suffering financial loss by reason of the contractor's failure to comply with the 32.12requirements of the State Mechanical Code. A bond given to the state must be filed with 32.13the commissioner of labor and industry and is in lieu of all other bonds to any political 32.14subdivision required for work covered by this section. The bond must be written by a 32.15corporate surety licensed to do business in the state. 32.16    (b) The commissioner of labor and industry may charge each person giving bond 32.17under this section an annual new text begin a biennial new text end bond filing fee of $15 new text begin $100 new text end . 32.18    Sec. 45. Minnesota Statutes 2008, section 326B.33, subdivision 18, is amended to read: 32.19    Subd. 18. Examination. In addition to the other requirements described in this 32.20section new text begin and sections 326B.091 to 326B.098, new text end and except as provided in subdivision 20, as a 32.21precondition to issuance of a personal license, each applicant must pass a written or oral 32.22examination developed and administered by the commissioner to ensure the competence of 32.23each applicant for license. An oral examination shall be administered only to an applicant 32.24who furnishes a written statement from a certified teacher or other professional, trained in 32.25the area of reading disabilities stating that the applicant has a specific reading disability 32.26which would prevent the applicant from performing satisfactorily on a written test. The 32.27oral examination shall be structured so that an applicant who passes the examination 32.28will not impair the applicant's own safety or that of others while acting as a licensed 32.29individual. No individual failing an examination may retake it for six months thereafter, 32.30but within such six months the individual may take an examination for a lesser grade of 32.31license. Any individual failing to renew a personal license for two years or more after its 32.32expiration, and any licensee whose personal license is revoked under this chapter, shall 32.33be required to retake the examination before being issued a new license. An individual 32.34whose personal license is revoked under any other chapter is not required to retake the 33.1examination before being issued a new license, unless the personal license was revoked 33.2two years or more before the commissioner received the completed application for a new 33.3license. A licensee whose personal license is suspended for any reason is not required to 33.4retake the examination before the personal license is reinstated, unless the personal license 33.5has not been reinstated within two years after the suspension began. 33.6    An applicant for a personal license shall submit to the commissioner an application 33.7and examination fee at the time of application. Upon approval of the application, the 33.8commissioner shall schedule the applicant for the next available examination, which shall 33.9be held within 60 days. The applicant shall be allowed one opportunity to reschedule 33.10an examination without being required to submit another application and examination 33.11fee. Additionally, an applicant who fails an examination, or whose application was not 33.12approved, shall submit another application and examination fee. 33.13    Sec. 46. Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19, 33.14is amended to read: 33.15    Subd. 19. License, registration, and renewal fees; expiration. (a) Unless 33.16revoked or suspended under this chapter, all licenses issued or renewed under this section 33.17expire on the date specified in this subdivision. Master licenses expire March 1 of each 33.18odd-numbered year after issuance or renewal. Electrical contractor licenses expire March 33.191 of each even-numbered year after issuance or renewal. Technology system contractor 33.20licenses expire August 1 of each even-numbered year after issuance or renewal. All 33.21other personal licenses expire two years from the date of original issuance and every two 33.22years thereafter. Registrations of unlicensed individuals expire one year from the date of 33.23original issuance and every year thereafter. 33.24    (b) Fees for application and examination, and for the original issuance and each 33.25subsequent renewal, are: 33.26    (1) For each personal license application and examination: $35; 33.27    (2) For original issuance and each subsequent renewal of: 33.28    Class A Master or master special electrician, including master elevator constructor: 33.29$40 per year; 33.30    Class B Master: $25 per year; 33.31    Power Limited Technician: $15 per year; 33.32    Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman, 33.33or Maintenance Electrician other than master special electrician: $15 per year; 33.34    Contractor: $100 per year; 33.35    Unlicensed individual registration: $15 per year. 34.1    (c) If any new license is issued in accordance with this subdivision for less than two 34.2years, the fee for the license shall be prorated on an annual basis. 34.3    (d) A license fee may not be refunded after a license is issued or renewed. However, 34.4if the fee paid for a license was not prorated in accordance with this subdivision, the 34.5amount of the overpayment shall be refunded. 34.6    (e) Any contractor who seeks reissuance of a license after it has been revoked or 34.7suspended under this chapter shall submit a reissuance fee of $100 before the license is 34.8reinstated. 34.9    (f) An individual or contractor who fails to renew a license before 30 days after the 34.10expiration or registration of the license must submit a late fee equal to one year's license 34.11fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not 34.12prorated. An individual or contractor that fails to renew a license or registration by the 34.13expiration date is unlicensed until the license or registration is renewed. 34.14 new text begin (b) For purposes of calculating license fees and renewal license fees required under new text end 34.15 new text begin section 326B.092: new text end 34.16 new text begin (1) the registration of an unlicensed individual under subdivision 12 shall be new text end 34.17 new text begin considered an entry level license; new text end 34.18 new text begin (2) the following licenses shall be considered journeyman licenses: Class A new text end 34.19 new text begin journeyman electrician, Class B journeyman electrician, Class A installer, Class B installer, new text end 34.20 new text begin elevator constructor, lineman, maintenance electrician, and power limited technician; new text end 34.21 new text begin (3) the following licenses shall be considered master licenses: Class A master new text end 34.22 new text begin electrician, Class B master electrician, and master elevator constructor; and new text end 34.23 new text begin (4) the following licenses shall be considered business licenses: Class A electrical new text end 34.24 new text begin contractor, Class B electrical contractor, elevator contractor, and technology systems new text end 34.25 new text begin contractor. new text end 34.26 new text begin (c) For each filing of a certificate of responsible person by an employer, the fee is new text end 34.27 new text begin $100. new text end 34.28    Sec. 47. Minnesota Statutes 2008, section 326B.33, subdivision 20, is amended to read: 34.29    Subd. 20. Reciprocity. The commissioner may enter into reciprocity agreements 34.30for personal licenses with another state if approved by the board. Once approved by the 34.31board, the commissioner may issue a personal license without requiring the applicant to 34.32pass an examination provided the applicant: 34.33    (a) submits an application under this section; 34.34    (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 34.35section new text begin 326B.092 new text end ; and 35.1    (c) holds a valid comparable license in the state participating in the agreement. 35.2    Agreements are subject to the following: 35.3    (1) The parties to the agreement must administer a statewide licensing program that 35.4includes examination and qualifying experience or training comparable to Minnesota's. 35.5    (2) The experience and training requirements under which an individual applicant 35.6qualified for examination in the qualifying state must be deemed equal to or greater than 35.7required for an applicant making application in Minnesota at the time the applicant 35.8acquired the license in the qualifying state. 35.9    (3) The applicant must have acquired the license in the qualifying state through an 35.10examination deemed equivalent to the same class of license examination in Minnesota. 35.11A lesser class of license may be granted where the applicant has acquired a greater 35.12class of license in the qualifying state and the applicant otherwise meets the conditions 35.13of this subdivision. 35.14    (4) At the time of application, the applicant must hold a valid license in the 35.15qualifying state and have held the license continuously for at least one year before making 35.16application in Minnesota. 35.17    (5) An applicant is not eligible for a license under this subdivision if the applicant 35.18has failed the same or greater class of license examination in Minnesota, or if the 35.19applicant's license of the same or greater class has been revoked or suspended. 35.20    (6) An applicant who has failed to renew a personal license for two years or more 35.21after its expiration is not eligible for a license under this subdivision. 35.22    Sec. 48. Minnesota Statutes 2008, section 326B.33, subdivision 21, is amended to read: 35.23    Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance 35.24electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 35.25if: 35.26    (1) the individual is engaged in the maintenance and repair of electrical equipment, 35.27apparatus, and facilities that are owned or leased by the individual's employer and that are 35.28located within the limits of property operated, maintained, and either owned or leased by 35.29the individual's employer; 35.30    (2) the individual is supervised by: 35.31    (i) the responsible master electrician for a contractor who has contracted with the 35.32individual's employer to provide services for which a contractor's license is required; or 35.33    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical 35.34engineer, or, if the maintenance and repair work is limited to technology circuits or 35.35systems work, a licensed power limited technician; and 36.1    (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 36.2certificate of responsible person, signed by the responsible master electrician of the 36.3contractor, the licensed master electrician, the licensed maintenance electrician, the 36.4electrical engineer, or the licensed power limited technician, and stating that the person 36.5signing the certificate is responsible for ensuring that the maintenance and repair work 36.6performed by the employer's employees complies with the Minnesota Electrical Act and 36.7the rules adopted under that act. new text begin The employer must pay a filing fee to file a certificate of new text end 36.8 new text begin responsible person with the commissioner. The certificate shall expire two years from the new text end 36.9 new text begin date of filing. In order to maintain a current certificate of responsible person, the employer new text end 36.10 new text begin must resubmit a certificate of responsible person, with a filing fee, no later than two years new text end 36.11 new text begin from the date of the previous submittal. new text end 36.12    (b) Employees of a licensed electrical or technology systems contractor or other 36.13employer where provided with supervision by a master electrician in accordance with 36.14subdivision 1, or power limited technician in accordance with subdivision 7, paragraph 36.15(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399 36.16for the planning, laying out, installing, altering, and repairing of technology circuits or 36.17systems except planning, laying out, or installing: 36.18    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that 36.19control circuits or systems other than class 2 or class 3, except circuits that interconnect 36.20these systems through communication, alarm, and security systems are exempted from 36.21this paragraph; 36.22    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 36.23physically unprotected circuits other than class 2 or class 3; or 36.24    (3) technology circuits or systems in hazardous classified locations as covered by 36.25chapter 5 of the National Electrical Code. 36.26    (c) Companies and their employees that plan, lay out, install, alter, or repair class 36.272 and class 3 remote control wiring associated with plug or cord and plug connected 36.28appliances other than security or fire alarm systems installed in a residential dwelling are 36.29not required to hold a license under sections 326B.31 to 326B.399. 36.30    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their 36.31employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 36.32when performing heating, ventilating, air conditioning, or refrigeration work as described 36.33in section 326B.38. 36.34    (e) Employees of any electrical, communications, or railway utility, cable 36.35communications company as defined in section 238.02, or a telephone company as defined 36.36under section 237.01 or its employees, or of any independent contractor performing work 37.1on behalf of any such utility, cable communications company, or telephone company, shall 37.2not be required to hold a license under sections 326B.31 to 326B.399: 37.3    (1) while performing work on installations, materials, or equipment which are owned 37.4or leased, and operated and maintained by such utility, cable communications company, or 37.5telephone company in the exercise of its utility, antenna, or telephone function, and which 37.6    (i) are used exclusively for the generation, transformation, distribution, transmission, 37.7or metering of electric current, or the operation of railway signals, or the transmission 37.8of intelligence and do not have as a principal function the consumption or use of electric 37.9current or provided service by or for the benefit of any person other than such utility, cable 37.10communications company, or telephone company, and 37.11    (ii) are generally accessible only to employees of such utility, cable communications 37.12company, or telephone company or persons acting under its control or direction, and 37.13    (iii) are not on the load side of the service point or point of entrance for 37.14communication systems; 37.15    (2) while performing work on installations, materials, or equipment which are a part 37.16of the street lighting operations of such utility; or 37.17    (3) while installing or performing work on outdoor area lights which are directly 37.18connected to a utility's distribution system and located upon the utility's distribution poles, 37.19and which are generally accessible only to employees of such utility or persons acting 37.20under its control or direction. 37.21    (f) An owner shall not be required to hold or obtain a license under sections 326B.31 37.22to 326B.399. 37.23    Sec. 49. Minnesota Statutes 2008, section 326B.42, is amended by adding a 37.24subdivision to read: 37.25     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 37.26 new text begin to perform any plumbing work, with or without compensation, who is licensed as a new text end 37.27 new text begin contractor by the commissioner. Contractor includes plumbing contractors and restricted new text end 37.28 new text begin plumbing contractors. new text end 37.29    Sec. 50. Minnesota Statutes 2008, section 326B.42, is amended by adding a 37.30subdivision to read: 37.31     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 37.32 new text begin whose responsible licensed plumber is a licensed master plumber. new text end 38.1    Sec. 51. Minnesota Statutes 2008, section 326B.42, is amended by adding a 38.2subdivision to read: 38.3     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 38.4 new text begin plumber" means the licensed master plumber or licensed restricted master plumber new text end 38.5 new text begin designated in writing by the contractor in the contractor's license application, or in another new text end 38.6 new text begin manner acceptable to the commissioner, as the individual responsible for the contractor's new text end 38.7 new text begin compliance with sections 326B.41 to 326B.49, all rules adopted under these sections and new text end 38.8 new text begin sections 326B.50 to 326B.59, and all orders issued under section 326B.082. new text end 38.9    Sec. 52. Minnesota Statutes 2008, section 326B.42, is amended by adding a 38.10subdivision to read: 38.11     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 38.12 new text begin means a licensed contractor whose responsible licensed plumber is a licensed restricted new text end 38.13 new text begin master plumber. new text end 38.14    Sec. 53. Minnesota Statutes 2008, section 326B.44, is amended to read: 38.15326B.44 LOCAL REGULATIONS. 38.16     Any of the following entities may, by ordinance, adopt local regulations providing 38.17for plumbing permits, approval of plans and specifications, and inspections of plumbing, 38.18which regulations are not in conflict with the plumbing code: any city having a system 38.19of waterworks or sewerage, regardless of population; any town having a population of 38.205,000 or more according to the last federal census, exclusive of any statutory cities 38.21located therein; and the Metropolitan Airports Commission. No such entity shall prohibit 38.22plumbers new text begin plumbing contractors new text end licensed by the commissioner from engaging in or working 38.23at the business of plumbing, except cities and statutory cities which, prior to April 21, 38.241933, by ordinance required the licensing of plumbers. No such entity shall require any 38.25person who engages in the business of plumbing to post a bond as a prerequisite for 38.26engaging in the business of plumbing, except the bond to the state required under section 38.27326B.46 and except any performance bond required under a contract with the person 38.28for the performance of plumbing work for the entity. No such entity shall require any 38.29person who engages in the business of plumbing to maintain public liability insurance 38.30as a prerequisite for engaging in the business of plumbing, except the insurance required 38.31under section 326B.46 and except any public liability insurance required under a contract 38.32with the person for the performance of plumbing work for the entity. No city or town may 38.33require a license for persons performing building sewer or water service installation who 38.34have completed pipe laying training as prescribed by the commissioner of labor and 39.1industry. Any city by ordinance may prescribe regulations, reasonable standards, and 39.2inspections and grant permits to any person engaged in the business of installing water 39.3softeners, who is not licensed as a master plumber or journeyman plumber new text begin contractor new text end by 39.4the commissioner, to connect water softening and water filtering equipment to private 39.5residence water distribution systems, where provision has been previously made therefor 39.6and openings left for that purpose or by use of cold water connections to a domestic 39.7water heater; where it is not necessary to rearrange, make any extension or alteration of, 39.8or addition to any pipe, fixture or plumbing connected with the water system except to 39.9connect the water softener, and provided the connections so made comply with minimum 39.10standards prescribed by the Plumbing Board. 39.11    Sec. 54. Minnesota Statutes 2008, section 326B.46, as amended by Laws 2009, chapter 39.1278, article 5, section 14, and chapter 109, section 13, is amended to read: 39.13326B.46 LICENSING, BOND AND INSURANCE. 39.14    Subdivision 1. License required. (a) No person new text begin individual new text end shall engage in or work 39.15at the business of a master plumber, restricted master plumber, journeyman plumber, 39.16and restricted journeyman plumber unless licensed to do so by the state commissioner. 39.17A license is not required for individuals performing building sewer or water service 39.18installation who have completed pipe laying training as prescribed by the commissioner 39.19of labor and industry. A master plumber may also work as a journeyman plumber, a 39.20restricted journeyman plumber, and a restricted master plumber. A journeyman plumber 39.21may also work as a restricted journeyman plumber. Anyone not so licensed may do 39.22plumbing work which complies with the provisions of the minimum standards prescribed 39.23by the Plumbing Board on premises or that part of premises owned and actually occupied 39.24by the worker as a residence, unless otherwise forbidden to do so by a local ordinance. 39.25    (b) No person shall engage in the business of planning, superintending, or installing 39.26plumbing or shall install plumbing in connection with the dealing in and selling of 39.27plumbing material and supplies unless at all times a licensed master plumber, or in cities 39.28and towns with a population of fewer than 5,000 according to the new text begin last new text end federal census, a 39.29restricted master plumber, who shall be responsible for proper installation, is in charge 39.30of the plumbing work of the person, firm, or corporation. 39.31 new text begin (c) Except as provided in subdivision 2, no person shall perform or offer to perform new text end 39.32 new text begin plumbing work with or without compensation unless the person obtains a contractor's new text end 39.33 new text begin license. A contractor's license does not of itself qualify its holder to perform the plumbing new text end 39.34 new text begin work authorized by holding a master, journeyman, restricted master, or restricted new text end 39.35 new text begin journeyman license. new text end 40.1     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 40.2 new text begin license may do plumbing work on the individual's residence in accordance with new text end 40.3 new text begin subdivision 1, paragraph (a). new text end 40.4 new text begin (b) An individual who is an employee working on the maintenance and repair of new text end 40.5 new text begin plumbing equipment, apparatus, or facilities owned or leased by the individual's employer new text end 40.6 new text begin and which is within the limits of property owned or leased, and operated or maintained by new text end 40.7 new text begin the individual's employer, shall not be required to maintain a contractor license as long new text end 40.8 new text begin as the employer has on file with the commissioner a current certificate of responsible new text end 40.9 new text begin person. The certificate must be signed by the responsible master plumber or, in an area of new text end 40.10 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 40.11 new text begin last federal census, restricted master plumber, and must state that the person signing the new text end 40.12 new text begin certificate is responsible for ensuring that the maintenance and repair work performed by new text end 40.13 new text begin the employer's employees comply with sections 326B.41 to 326B.49, all rules adopted new text end 40.14 new text begin under those sections and sections 326B.50 to 326B.59, and all orders issued under section new text end 40.15 new text begin 326B.082. The employer must pay a filing fee to file a certificate of responsible person new text end 40.16 new text begin with the commissioner. The certificate shall expire two years from the date of filing. In new text end 40.17 new text begin order to maintain a current certificate of responsible person, the employer must resubmit a new text end 40.18 new text begin certificate of responsible person, with a filing fee, no later than two years from the date of new text end 40.19 new text begin the previous submittal. The filing of the certificate of responsible person does not exempt new text end 40.20 new text begin any employee of the employer from the requirements of this chapter regarding individual new text end 40.21 new text begin licensing as a plumber or registration as a plumber's apprentice. new text end 40.22 new text begin (c) If a contractor employs a licensed plumber, the licensed plumber does not need a new text end 40.23 new text begin separate contractor license to perform plumbing work on behalf of the employer within new text end 40.24 new text begin the scope of the licensed plumber's license. new text end 40.25     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 40.26 new text begin Each contractor must designate a responsible licensed plumber, who shall be responsible new text end 40.27 new text begin for the performance of all plumbing work in accordance with sections 326B.41 to new text end 40.28 new text begin 326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all new text end 40.29 new text begin orders issued under section 326B.082. A plumbing contractor's responsible licensed new text end 40.30 new text begin plumber must be a master plumber. A restricted plumbing contractor's responsible licensed new text end 40.31 new text begin plumber must be a master plumber or a restricted master plumber. A plumbing contractor new text end 40.32 new text begin license authorizes the contractor to offer to perform and, through licensed and registered new text end 40.33 new text begin individuals, to perform plumbing work in all areas of the state. A restricted plumbing new text end 40.34 new text begin contractor license authorizes the contractor to offer to perform and, through licensed and new text end 40.35 new text begin registered individuals, to perform plumbing work in all areas of the state except in cities new text end 40.36 new text begin and towns with a population of more than 5,000 according to the last federal census. new text end 41.1 new text begin (b) If the contractor is an individual or sole proprietorship, the responsible licensed new text end 41.2 new text begin plumber must be the individual, proprietor, or managing employee. If the contractor is new text end 41.3 new text begin a partnership, the responsible licensed plumber must be a general partner or managing new text end 41.4 new text begin employee. If the contractor is a limited liability company, the responsible licensed plumber new text end 41.5 new text begin must be a chief manager or managing employee. If the contractor is a corporation, the new text end 41.6 new text begin responsible licensed plumber must be an officer or managing employee. If the responsible new text end 41.7 new text begin licensed plumber is a managing employee, the responsible licensed plumber must be new text end 41.8 new text begin actively engaged in performing plumbing work on behalf of the contractor, and cannot be new text end 41.9 new text begin employed in any capacity as a plumber for any other contractor. An individual may be new text end 41.10 new text begin the responsible licensed plumber for only one contractor. new text end 41.11 new text begin (c) All applications and renewals for contractor licenses shall include a verified new text end 41.12 new text begin statement that the applicant or licensee has complied with this subdivision. new text end 41.13    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give 41.14 new text begin As a condition of licensing, each contractor shall give and maintain new text end bond to the state in the 41.15amount of at least $25,000 for (1) all plumbing work entered into within the state or (2) 41.16all plumbing work and subsurface sewage treatment work entered into within the state. 41.17If the bond is for both plumbing work and subsurface sewage treatment work, the bond 41.18must comply with the requirements of this section and section 115.56, subdivision 2, 41.19paragraph (e). The bond shall be for the benefit of persons injured or suffering financial 41.20loss by reason of failure to comply with the requirements of the State Plumbing Code and, 41.21if the bond is for both plumbing work and subsurface sewage treatment work, financial 41.22loss by reason of failure to comply with the requirements of sections 115.55 and 115.56. 41.23The bond shall be filed with the commissioner and shall be written by a corporate surety 41.24licensed to do business in the state. 41.25    In addition, each applicant for a master plumber license or restricted master plumber 41.26license, or renewal thereof, shall provide evidence of new text begin as a condition of licensing, each new text end 41.27 new text begin contractor shall have and maintain in effect new text end public liability insurance, including products 41.28liability insurance with limits of at least $50,000 per person and $100,000 per occurrence 41.29and property damage insurance with limits of at least $10,000. The insurance shall be 41.30written by an insurer licensed to do business in the state of Minnesota and each licensed 41.31master plumber shall maintain on file with the commissioner a certificate evidencing the 41.32insurance providing that the insurance shall not be canceled without the insurer first giving 41.3315 days written notice to the commissioner. The term of the insurance shall be concurrent 41.34with the term of the license. 41.35    Subd. 3. Bond and insurance exemption. If a master plumber or restricted master 41.36plumber who is in compliance with the bond and insurance requirements of subdivision 2, 42.1employs a licensed plumber, the employee plumber shall not be required to meet the bond 42.2and insurance requirements of subdivision 2. An individual who is an employee working 42.3on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or 42.4leased by the individual's employer and which is within the limits of property owned or 42.5leased, and operated or maintained by the individual's employer, shall not be required to 42.6meet the bond and insurance requirements of subdivision 2. 42.7    Subd. 4. Fee. (a) Each person giving bond to the state under subdivision 2 shall pay 42.8the department a bond registration fee of $40 for one year or $80 for two years. 42.9(b) The commissioner shall in a manner determined by the commissioner, without 42.10the need for any rulemaking under chapter 14, phase in the bond registration from one year 42.11to two years so that the expiration of bond registration corresponds with the expiration of 42.12the license issued under section or 326B.49, subdivision 1. 42.13    Subd. 5. Exterior connections. Persons licensed as manufactured home installers 42.14under chapter 327B are not required to be licensed under sections 326B.42 to 326B.49 42.15when connecting the exterior building drain sewer outlets to the aboveground building 42.16sewer system and when connecting the exterior water line to the aboveground water 42.17system to the manufactured home as described in National Manufactured Housing 42.18Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401 42.19et seq. No additional licensure, bond, or insurance related to the scope of work permitted 42.20under this subdivision may be required of a licensed manufactured home installer by 42.21any unit of government. 42.22     new text begin Subd. 6. new text end new text begin Well contractor exempt from licensing and bond; conditions. new text end new text begin No new text end 42.23 new text begin license, registration, or bond under sections 326B.42 to 326B.49 is required of a well new text end 42.24 new text begin contractor or a limited well/boring contractor who is licensed and bonded under section new text end 42.25 new text begin 103I.525 or 103I.531 and is engaged in the work or business of installing (1) water service new text end 42.26 new text begin pipe from a well to a pressure tank or a frost free water hydrant with an antisiphon device, new text end 42.27 new text begin or (2) a temporary shut-off valve on a well water service pipe. new text end 42.28    Sec. 55. Minnesota Statutes 2008, section 326B.47, is amended to read: 42.29326B.47 PLUMBER'S APPRENTICES. 42.30    Subdivision 1. Registration new text begin ; supervision; records new text end . new text begin (a) new text end All plumber's apprentices 42.31must be registered. To be a registered plumber's apprentice, an individual must either: 42.32    (1) be an individual employed in the trade of plumbing under an apprenticeship 42.33agreement approved by the department under Minnesota Rules, part 5200.0300; or 42.34    (2) be an unlicensed individual registered with the commissioner under subdivision 42.353. 43.1 new text begin (b) new text end A plumber's apprentice is authorized to assist in the installation of plumbing 43.2only while under the direct supervision of a master, restricted master, journeyman, or 43.3restricted journeyman plumber. The master, restricted master, journeyman, or restricted 43.4journeyman plumber is responsible for ensuring that all plumbing work performed by the 43.5plumber's apprentice complies with the plumbing code. new text begin The supervising master, restricted new text end 43.6 new text begin master, journeyman, or restricted journeyman must be licensed and must be employed new text end 43.7 new text begin by the same employer as the plumber's apprentice. Licensed individuals shall not permit new text end 43.8 new text begin plumber's apprentices to perform plumbing work except under the direct supervision of new text end 43.9 new text begin an individual actually licensed to perform such work. Plumber's apprentices shall not new text end 43.10 new text begin supervise the performance of plumbing work or make assignments of plumbing work new text end 43.11 new text begin to unlicensed individuals. new text end 43.12 new text begin (c) Contractors employing plumber's apprentices to perform plumbing work shall new text end 43.13 new text begin maintain records establishing compliance with this subdivision that shall identify all new text end 43.14 new text begin plumber's apprentices performing plumbing work, and shall permit the department to new text end 43.15 new text begin examine and copy all such records. new text end 43.16    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four 43.17years of practical plumbing experience is eligible to take the journeyman plumbing 43.18examination. Up to 24 months of practical plumbing experience prior to becoming a 43.19plumber's apprentice may be applied to the four-year experience requirement. However, 43.20none of this practical plumbing experience may be applied if the individual did not have 43.21any practical plumbing experience in the 12-month period immediately prior to becoming 43.22a plumber's apprentice. The Plumbing Board may adopt rules to evaluate whether 43.23the individual's past practical plumbing experience is applicable in preparing for the 43.24journeyman's examination. If two years after completing the training the individual has 43.25not taken the examination, the four years of experience shall be forfeited. 43.26    The commissioner may allow an extension of the two-year period for taking the 43.27exam for cases of hardship or other appropriate circumstances. 43.28    Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed 43.29individual may register by completing and submitting to the commissioner a registration new text begin new text end 43.30 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 43.31 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 43.32began training, the individual's age, schooling, previous experience, and employer, 43.33and other information required by the commissioner. The board may prescribe rules, 43.34not inconsistent with this section, for the registration of unlicensed individuals. Each 43.35applicant for initial registration as a plumber's apprentice shall pay the department an 43.36application fee of $25. Applications for initial registration may be submitted at any time. 44.1Registration must be renewed annually and shall be for the period from July 1 of each year 44.2to June 30 of the following year. Applications for renewal registration must be received 44.3by the commissioner by June 30 of each registration period on forms provided by the 44.4commissioner, and must be accompanied by a fee of $25. An application for renewal 44.5registration received on or after July 1 in any year but no more than three months after 44.6expiration of the previously issued registration must pay the past due renewal fee plus a 44.7late fee of $25. No applications for renewal registration will be accepted more than three 44.8months after expiration of the previously issued registration. 44.9    Sec. 56. Minnesota Statutes 2008, section 326B.475, subdivision 2, is amended to read: 44.10    Subd. 2. Use of license. A restricted master plumber and restricted journeyman 44.11plumber may engage in the plumbing trade in all areas of the state except in cities and 44.12towns with a population of more than 5,000 according to the new text begin last new text end federal census. 44.13    Sec. 57. Minnesota Statutes 2009 Supplement, section 326B.475, subdivision 4, 44.14is amended to read: 44.15    Subd. 4. Renewal; use period for license. (a) A restricted master plumber and 44.16restricted journeyman plumber license must be renewed for as long as that licensee 44.17engages in the plumbing trade. new text begin Notwithstanding section 326B.094, new text end failure to renew a 44.18restricted master plumber and restricted journeyman plumber license within 12 months 44.19after the expiration date will result in permanent forfeiture of the restricted master plumber 44.20and restricted journeyman plumber license. 44.21(b) The commissioner shall in a manner determined by the commissioner, without 44.22the need for any rulemaking under chapter 14, phase in the renewal of restricted master 44.23plumber and restricted journeyman plumber licenses from one year to two years. By 44.24June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses 44.25shall be two-year licenses. 44.26    Sec. 58. Minnesota Statutes 2009 Supplement, section 326B.49, subdivision 1, is 44.27amended to read: 44.28    Subdivision 1. Application, examination, and license fees. (a) Applications for 44.29 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 44.30fee new text begin all fees required by section 326B.092 new text end . Unless the applicant is entitled to a renewal, 44.31the applicant shall be licensed by the commissioner only after passing a satisfactory 44.32examination developed and administered by the commissioner, based upon rules adopted 44.33by the Plumbing Board, showing fitness. Examination fees for both journeyman and 45.1master plumbers shall be $50 for each examination. Upon being notified of having 45.2successfully passed the examination for original license the applicant shall submit an 45.3application, with the license fee herein provided. The license fee for each initial master 45.4plumber's license shall be $240. The license fee for each initial journeyman plumber's 45.5license shall be $110. 45.6(b) All initial master and journeyman plumber's licenses shall be effective for more 45.7than one calendar year and shall expire on December 31 of the year after the year in which 45.8the application is made. The license fee for each renewal master plumber's license shall be 45.9$120 for one year or $240 for two years. The license fee for each renewal journeyman 45.10plumber's license shall be $55 for one year or $110 for two years. new text begin All master plumber's new text end 45.11 new text begin licenses shall expire on December 31 of each even-numbered year after issuance or new text end 45.12 new text begin renewal. new text end The commissioner shall in a manner determined by the commissioner, without 45.13the need for any rulemaking under chapter 14, phase in the renewal of master and 45.14journeyman plumber's licenses from one year to two years. By June 30, 2011, all renewed 45.15master and journeyman plumber's licenses shall be two-year licenses. 45.16(c) Any licensee who does not renew a license within two years after the license 45.17expires is no longer eligible for renewal. Such an individual must retake and pass the 45.18examination before a new license will be issued. A journeyman or master plumber who 45.19submits a license renewal application after the time specified in rule but within two 45.20years after the license expired must pay all past due renewal fees plus a late fee of $25. new text begin new text end 45.21 new text begin Applications for contractor licenses shall be made to the commissioner, with all fees new text end 45.22 new text begin required by section 326B.092. All contractor licenses shall expire on December 31 of each new text end 45.23 new text begin odd-numbered year after issuance or renewal. new text end 45.24 new text begin (d) For purposes of calculating license fees and renewal license fees required under new text end 45.25 new text begin section 326B.092: new text end 45.26 new text begin (1) the following licenses shall be considered business licenses: plumbing contractor new text end 45.27 new text begin and restricted plumbing contractor; new text end 45.28 new text begin (2) the following licenses shall be considered master licenses: master plumber and new text end 45.29 new text begin restricted master plumber; new text end 45.30 new text begin (3) the following licenses shall be considered journeyman licenses: journeyman new text end 45.31 new text begin plumber and restricted journeyman plumber; and new text end 45.32 new text begin (4) the registration of a plumber's apprentice under section 326B.47, subdivision 3, new text end 45.33 new text begin shall be considered an entry level license. new text end 45.34 new text begin (e) For each filing of a certificate of responsible person by an employer, the fee is new text end 45.35 new text begin $100. new text end 46.1    Sec. 59. Minnesota Statutes 2008, section 326B.50, is amended by adding a 46.2subdivision to read: 46.3     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 46.4 new text begin licensed water conditioning master or licensed master plumber designated in writing by new text end 46.5 new text begin the water conditioning contractor in the water conditioning contractor's license application, new text end 46.6 new text begin or in another manner acceptable to the commissioner, as the individual responsible for new text end 46.7 new text begin the water conditioning contractor's compliance with sections 326B.50 to 326B.59, all new text end 46.8 new text begin rules adopted under these sections, the Minnesota Plumbing Code, and all orders issued new text end 46.9 new text begin under section 326B.082. new text end 46.10    Sec. 60. Minnesota Statutes 2008, section 326B.50, is amended by adding a 46.11subdivision to read: 46.12     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 46.13 new text begin means a person who performs or offers to perform any water conditioning installation or new text end 46.14 new text begin water conditioning servicing, with or without compensation, who is licensed as a water new text end 46.15 new text begin conditioning contractor by the commissioner. new text end 46.16    Sec. 61. Minnesota Statutes 2008, section 326B.50, is amended by adding a 46.17subdivision to read: 46.18     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 46.19 new text begin means an individual, other than a water conditioning master, who has demonstrated new text end 46.20 new text begin practical knowledge of water conditioning installation and servicing, and who is licensed new text end 46.21 new text begin by the commissioner as a water conditioning journeyman. new text end 46.22    Sec. 62. Minnesota Statutes 2008, section 326B.50, is amended by adding a 46.23subdivision to read: 46.24     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 46.25 new text begin an individual who has demonstrated skill in planning, superintending, installing, and new text end 46.26 new text begin servicing water conditioning installations, and who is licensed by the commissioner as a new text end 46.27 new text begin water conditioning master. new text end 46.28    Sec. 63. Minnesota Statutes 2008, section 326B.54, is amended to read: 46.29326B.54 VIOLATIONS TO BE REPORTED TO COMMISSIONER. 46.30    Such local authority as may be designated by any such ordinance for the issuance 46.31of such water conditioning installation and servicing permits and approval of such plans 46.32shall report to the commissioner persistent or willful violations of the same and any 47.1incompetence of a licensed water conditioning contractor new text begin , licensed water conditioning new text end 47.2 new text begin master, new text end or licensed water conditioning installer new text begin journeyman new text end observed by the local authority. 47.3    Sec. 64. Minnesota Statutes 2008, section 326B.55, as amended by Laws 2010, chapter 47.4183, section 13, is amended to read: 47.5326B.55 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES. 47.6    Subdivision 1. Licensing. new text begin (a) Except as provided in paragraph (d), no individual new text end 47.7 new text begin shall perform water conditioning installation or water conditioning servicing unless new text end 47.8 new text begin licensed by the commissioner as a master plumber, journeyman plumber, water new text end 47.9 new text begin conditioning master, or water conditioning journeyman, or, in all areas of the state except new text end 47.10 new text begin in cities and towns with a population of more than 5,000 according to the last federal new text end 47.11 new text begin census, as a restricted master plumber or restricted journeyman plumber. new text end 47.12 new text begin (b) Except as provided in paragraph (e), no person shall perform or offer to new text end 47.13 new text begin perform water conditioning installation or water conditioning servicing with or without new text end 47.14 new text begin compensation unless the person obtains a water conditioning contractor's license. A water new text end 47.15 new text begin conditioning contractor's license does not of itself qualify its holder to perform the water new text end 47.16 new text begin conditioning installation or water conditioning servicing authorized by holding a water new text end 47.17 new text begin conditioning master or water conditioning journeyman license. new text end 47.18 new text begin (c) Except as provided in paragraph (d), new text end no person shall engage in or work at the 47.19business of water conditioning installation or servicing anywhere in the state unless (1) 47.20at 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 47.21 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 47.22 new text begin servicing, is in charge of the new text end water conditioning installation and servicing work of such 47.23person, and (2) all installations, other than new text begin . new text end 47.24 new text begin If a water conditioning contractor employs a licensed master, restricted master, new text end 47.25 new text begin journeyman or restricted journeyman plumber, or a licensed water conditioning master new text end 47.26 new text begin or journeyman, then the licensed individual does not need a separate water conditioning new text end 47.27 new text begin contractor license to perform water conditioning installation or servicing on behalf of the new text end 47.28 new text begin employer within the scope of the individual's plumber license. new text end 47.29 new text begin (d) No water conditioning contractor, water conditioning master, or water new text end 47.30 new text begin conditioning journeyman license is required: new text end 47.31 new text begin (1) for new text end exchanges of portable new text begin water conditioning new text end equipment, are performed by a 47.32licensed water conditioning contractor or licensed water conditioning installer. Any 47.33individual not so licensed may new text begin ; or new text end 47.34 new text begin (2) for an individual to new text end perform water conditioning work that complies with the 47.35minimum standards prescribed by the Plumbing Board on premises or that part of premises 48.1owned and occupied by the worker new text begin individual new text end as a residence, unless otherwise prohibited 48.2by a local ordinance. new text begin The scope of work that a master plumber, restricted master plumber, new text end 48.3 new text begin journeyman plumber, or restricted journeyman plumber is authorized to perform as an new text end 48.4 new text begin employee of a licensed water conditioning contractor shall be limited to the scope of work new text end 48.5 new text begin that the licensed water conditioning contractor is licensed to perform. new text end 48.6    Subd. 2. Qualifications for licensing. new text begin (a) new text end A water conditioning contractor new text begin master new text end 48.7license shall be issued only to an individual who has demonstrated skill in planning, 48.8superintending, and servicing water conditioning installations, and has successfully passed 48.9the examination for water conditioning contractors new text begin masters new text end . A water conditioning installer new text begin new text end 48.10 new text begin journeyman new text end license shall only be issued to an individual other than a water conditioning 48.11contractor new text begin master new text end who has demonstrated practical knowledge of water conditioning 48.12installation, and has successfully passed the examination for water conditioning installers new text begin new text end 48.13 new text begin journeymen new text end . A water conditioning installer new text begin journeyman new text end must successfully pass the 48.14examination for water conditioning contractors new text begin masters new text end before being licensed as a water 48.15conditioning contractor new text begin master new text end . 48.16 new text begin (b) Each water conditioning contractor must designate a responsible licensed master new text end 48.17 new text begin plumber or a responsible licensed water conditioning master, who shall be responsible for new text end 48.18 new text begin the performance of all water conditioning installation and servicing in accordance with the new text end 48.19 new text begin requirements of sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to new text end 48.20 new text begin 326B.59, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If new text end 48.21 new text begin the water conditioning contractor is an individual or sole proprietorship, the responsible new text end 48.22 new text begin licensed master must be the individual, proprietor, or managing employee. If the water new text end 48.23 new text begin conditioning contractor is a partnership, the responsible licensed master must be a general new text end 48.24 new text begin partner or managing employee. If the water conditioning contractor is a limited liability new text end 48.25 new text begin company, the responsible licensed master must be a chief manager or managing employee. new text end 48.26 new text begin If the water conditioning contractor is a corporation, the responsible licensed master must new text end 48.27 new text begin be an officer or managing employee. If the responsible licensed master is a managing new text end 48.28 new text begin employee, the responsible licensed master must be actively engaged in performing water new text end 48.29 new text begin conditioning work on behalf of the water conditioning contractor and cannot be employed new text end 48.30 new text begin in any capacity as a water conditioning master or water conditioning journeyman for any new text end 48.31 new text begin other water conditioning contractor. An individual must not be the responsible licensed new text end 48.32 new text begin master for more than one water conditioning contractor. new text end 48.33 new text begin (c) All applications and renewals for water conditioning contractor licenses shall new text end 48.34 new text begin include a verified statement that the applicant or licensee has complied with paragraph (b). new text end 49.1 new text begin (d) Each application and renewal for a water conditioning master license, water new text end 49.2 new text begin conditioning journeyman license, or a water conditioning contractor license shall be new text end 49.3 new text begin accompanied by all fees required by section 326B.092. new text end 49.4    Subd. 3. Commissioner. The commissioner shall: 49.5    (1) license water conditioning contractors new text begin , water conditioning masters, new text end and installers new text begin new text end 49.6 new text begin water conditioning journeymen new text end ; and 49.7    (2) collect an examination fee from each examinee for a license as a water 49.8conditioning contractor and an examination fee from each examinee for a license as a 49.9water conditioning installer in an amount set forth in section new text begin the fees required by new text end 49.10 new text begin section 326B.092 new text end . 49.11    Sec. 65. Minnesota Statutes 2008, section 326B.56, as amended by Laws 2009, chapter 49.1278, article 5, section 18, is amended to read: 49.13326B.56 ALTERNATIVE STATE BONDING AND INSURANCE 49.14REGULATION. 49.15    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or 49.16installer license or renewal thereof who is required by any political subdivision to give a 49.17bond to obtain or maintain the license, may comply with any political subdivision bonding 49.18requirement by giving new text begin As a condition of licensing, each water conditioning contractor new text end 49.19 new text begin shall give and maintain new text end a bond to the state as described in paragraph (b). No applicant for a 49.20water conditioning contractor or installer license who maintains the bond under paragraph 49.21(b) shall be otherwise required to meet the bond requirements of any political subdivision. 49.22    (b) Each bond given to the state under this subdivision shall be in the total sum of 49.23$3,000 conditioned upon the faithful and lawful performance of all water conditioning 49.24contracting or installing work new text begin installation or servicing new text end done within the state. The bond 49.25shall be for the benefit of persons suffering injuries or damages due to the work. The bond 49.26shall be filed with the commissioner and shall be written by a corporate surety licensed to 49.27do business in this state. The bond must remain in effect at all times while the application 49.28is pending and while the license is in effect. 49.29    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or 49.30installer license or renewal thereof who is required by any political subdivision to maintain 49.31insurance to obtain or maintain the license may comply with any political subdivision's 49.32insurance requirement by maintaining new text begin As a condition of licensing, each water conditioning new text end 49.33 new text begin contractor shall have and maintain in effect new text end the insurance described in paragraph (b). 49.34No applicant for a water conditioning contractor or installer license who maintains the 50.1insurance described in paragraph (b) shall be otherwise required to meet the insurance 50.2requirements of any political subdivision. 50.3    (b) The insurance shall provide coverage, including products liability coverage, 50.4for all damages in connection with licensed work for which the licensee is liable, with 50.5personal damage limits of at least $50,000 per person and $100,000 per occurrence and 50.6property damage insurance with limits of at least $10,000. The insurance shall be written 50.7by an insurer licensed to do business in this state and a certificate evidencing the insurance 50.8shall be filed with the commissioner. The insurance must remain in effect at all times 50.9while the application is pending and while the license is in effect. The insurance shall not 50.10be canceled without the insurer first giving 15 days' written notice to the commissioner. 50.11    Subd. 3. Bond and insurance exemption. A water conditioning contractor or 50.12installer who is an employee of a water conditioning contractor or installer, including 50.13an employee engaged in the maintenance and repair of water conditioning equipment, 50.14apparatus, or facilities owned, leased and operated, or maintained by the employer, is 50.15not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 50.16any political subdivision. 50.17    Subd. 4. Fee. (a) The commissioner shall collect a $40 bond registration fee for 50.18one year or $80 for two years from each applicant for issuance or renewal of a water 50.19conditioning contractor or installer license who elects to proceed under subdivisions 50.201 and 2. 50.21(b) The commissioner shall in a manner determined by the commissioner, without 50.22the need for any rulemaking under chapter 14, phase in the bond registration from one year 50.23to two years so that the expiration of bond registration corresponds with the expiration of 50.24the license issued under section 326B.55. 50.25    Sec. 66. Minnesota Statutes 2009 Supplement, section 326B.58, is amended to read: 50.26326B.58 FEES new text begin ; RENEWAL new text end . 50.27    (a) Examination fees for both water conditioning contractors and water conditioning 50.28installers shall be $50 for each examination. Each initial water conditioning contractor 50.29and installer new text begin master and water conditioning journeyman new text end license shall be effective for more 50.30than one calendar year and shall expire on December 31 of the year after the year in which 50.31the application is made. The license fee for each initial water conditioning contractor's 50.32license shall be $140, except that the license fee shall be $105 if the application is 50.33submitted during the last three months of the calendar year. The license fee for each 50.34renewal water conditioning contractor's license shall be $70 for one year or $140 for two 50.35years. The license fee for each initial water conditioning installer license shall be $70, 51.1except that the license fee shall be $52.50 if the application is submitted during the last 51.2three months of the calendar year. The license fee for each renewal water conditioning 51.3installer license shall be $35 for one year or $70 for two years. 51.4(b) The commissioner shall in a manner determined by the commissioner, without 51.5the need for any rulemaking under chapter 14, phase in the renewal of water conditioning 51.6contractor and installer new text begin master and journeyman new text end licenses from one year to two years. By 51.7June 30, 2011, all renewed water conditioning contractor and installer licenses shall be 51.8two-year licenses. The commissioner new text begin Plumbing Board new text end may by rule prescribe for the 51.9expiration and renewal of licenses. 51.10(c) Any licensee who does not renew a license within two years after the license 51.11expires is no longer eligible for renewal. Such an individual must retake and pass the 51.12examination before a new license will be issued. A water conditioning contractor or water 51.13conditioning installer who submits a license renewal application after the time specified 51.14in rule but within two years after the license expired must pay all past due renewal fees 51.15plus a late fee of $25 new text begin All water conditioning contractor licenses shall expire on December new text end 51.16 new text begin 31 of the year after issuance or renewal new text end . 51.17 new text begin (d) For purposes of calculating license fees and renewal fees required under section new text end 51.18 new text begin 326B.092: new text end 51.19 new text begin (1) a water conditioning journeyman license shall be considered a journeyman new text end 51.20 new text begin license; new text end 51.21 new text begin (2) a water conditioning master license shall be considered a master license; and new text end 51.22 new text begin (3) a water conditioning contractor license shall be considered a business license. new text end 51.23    Sec. 67. Minnesota Statutes 2008, section 326B.805, subdivision 6, is amended to read: 51.24    Subd. 6. Exemptions. The license requirement does not apply to: 51.25    (1) an employee of a licensee performing work for the licensee; 51.26    (2) a material person, manufacturer, or retailer furnishing finished products, 51.27materials, or articles of merchandise who does not install or attach the items; 51.28    (3) an owner of residential real estate who builds or improves any structure on 51.29residential real estate, if the building or improving is performed by the owner's bona fide 51.30employees or by individual owners personally. This exemption does not apply to an 51.31owner who constructs or improves property for purposes of speculation if the building 51.32or improving is performed by the owner's bona fide employees or by individual owners 51.33personally. A residential building contractor or residential remodeler will be presumed 51.34to be building or improving for purposes of speculation if the contractor or remodeler 51.35constructs or improves more than one property within any 24-month period; 52.1    (4) an architect or professional engineer engaging in professional practice as defined 52.2by section 326.02, subdivisions 2 and 3; 52.3    (5) a person whose total gross annual receipts for performing specialty skills for 52.4which licensure would be required under this section do not exceed $15,000; 52.5    (6) a mechanical contractor; 52.6    (7) a plumber, electrician, or other person whose profession is otherwise subject to 52.7statewide licensing, when engaged in the activity which is the subject of that licensure; 52.8    (8) specialty contractors who provide only one special skill as defined in section 52.9326B.802 ; 52.10    (9) a school district, or a technical college governed under chapter 136F; and 52.11    (10) Habitat for Humanity and Builders Outreach Foundation, and their individual 52.12volunteers when engaged in activities on their behalf. 52.13To qualify for the exemption in clause (5), a person must obtain a certificate of exemption 52.14from licensure from the commissioner. A certificate of exemption will be issued upon 52.15the applicant's filing with the commissioner, an affidavit stating that the applicant does 52.16not expect to exceed $15,000 in gross annual receipts derived from performing services 52.17which require licensure under this section new text begin during the calendar year in which the affidavit new text end 52.18 new text begin is received. For the purposes of calculating fees under section 326B.092, a certificate of new text end 52.19 new text begin exemption is an entry level license new text end . To renew the exemption in clause (5), the applicant 52.20must file an affidavit stating that the applicant did not exceed $15,000 in gross annual 52.21receipts during the past calendar year. If a person, operating under the exemption in 52.22clause (5), exceeds $15,000 in gross receipts during any calendar year, the person 52.23must immediately surrender the exemption certificate new text begin of exemption new text end and apply for the 52.24appropriate license. The person must remain licensed until such time as the person's gross 52.25annual receipts during a calendar year fall below $15,000. The person may then apply for 52.26an exemption for the next calendar year. 52.27    Sec. 68. Minnesota Statutes 2009 Supplement, section 326B.815, subdivision 1, 52.28is amended to read: 52.29    Subdivision 1. Licensing fee new text begin Fees new text end . (a) The licensing fee for persons licensed 52.30pursuant to sections to , except for manufactured home installers, 52.31is $200 for a two-year period. The new text begin For the purposes of calculating fees under section new text end 52.32 new text begin 326B.092, an initial or renewed residential contractor, residential remodeler, or residential new text end 52.33 new text begin roofer license is a business license. Notwithstanding section 326B.092, the new text end licensing fee 52.34for manufactured home installers under section 327B.041 is $300 for a three-year period. 53.1(b) All initial new text begin and renewal new text end licenses, except for manufactured home installer licenses, 53.2shall be effective for two years and shall expire on March 31 of the year after the year in 53.3which the application is made. The license fee for each renewal of a residential contractor, 53.4residential remodeler, or residential roofer license shall be $100 for one year and $200 53.5for two years. 53.6(c) The commissioner shall in a manner determined by the commissioner, without 53.7the need for any rulemaking under chapter 14, phase in the renewal of residential 53.8contractor, residential remodeler, and residential roofer licenses from one year to two 53.9years. By June 30, 2011, all renewed residential contractor, residential remodeler, and 53.10residential roofer licenses shall be two-year licenses. 53.11    Sec. 69. Minnesota Statutes 2008, section 326B.83, subdivision 1, is amended to read: 53.12    Subdivision 1. Form. new text begin (a) new text end An applicant for a license under sections 326B.802 to 53.13326B.885 must submit an application, under oath and accompanied by the license fee new text begin fees new text end 53.14required by section new text begin 326B.092 new text end , on a form prescribed by the commissioner. 53.15Within 30 business days of receiving all required information, the commissioner must 53.16act on the license request. 53.17 new text begin (b) new text end If one of the categories in the application does not apply, the applicant must 53.18identify the category and state the reason the category does not apply. The commissioner 53.19may refuse to issue a license if the application is not complete or contains unsatisfactory 53.20information. 53.21    Sec. 70. Minnesota Statutes 2008, section 326B.83, subdivision 3, is amended to read: 53.22    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete new text begin pass new text end 53.23a written examination for the type of license requested. The commissioner may establish 53.24the examination qualifications, including related education experience and education, the 53.25examination procedure, and the examination for each licensing group. The examination 53.26must include at a minimum the following areas: 53.27    (1) appropriate knowledge of technical terms commonly used and the knowledge of 53.28reference materials and code books to be used for technical information; and 53.29    (2) understanding of the general principles of business management and other 53.30pertinent state laws. 53.31    (b) Each examination must be designed for the specified type of license requested. 53.32    (c) An individual's passing examination results expire two years from the 53.33examination date. An individual who passes the examination but does not choose to apply 54.1to act as a qualifying person for a licensee within two years from the examination date, 54.2must, upon application provide: 54.3    (1) passing examination results within two years from the date of application; or 54.4    (2) proof that the person has fulfilled the continuing education requirements in 54.5section in the manner required for a qualifying person of a licensee for each 54.6license period after the expiration of the examination results. 54.7    Sec. 71. Minnesota Statutes 2008, section 326B.83, subdivision 6, is amended to read: 54.8    Subd. 6. License. A nonresident of Minnesota may be licensed as a residential 54.9building contractor, residential remodeler, residential roofer, or manufactured home 54.10installer upon compliance with all the provisions of sections new text begin 326B.092 to 326B.098 and new text end 54.11326B.802 to 326B.885. 54.12    Sec. 72. Minnesota Statutes 2009 Supplement, section 326B.86, subdivision 1, is 54.13amended to read: 54.14    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed 54.15residential roofers must post a new text begin biennial new text end surety bond in the name of the licensee with the 54.16commissioner, conditioned that the applicant shall faithfully perform the duties and in 54.17all things comply with all laws, ordinances, and rules pertaining to the license or permit 54.18applied for and all contracts entered into. The new text begin biennial new text end bond must be continuous and 54.19maintained for so long as the licensee remains licensed. The aggregate liability of the 54.20surety on the bond to any and all persons, regardless of the number of claims made 54.21against the bond, may not exceed the amount of the bond. The bond may be canceled as 54.22to future liability by the surety upon 30 days' written notice mailed to the commissioner 54.23by regular mail. 54.24    (b) A licensed residential roofer must post a bond of at least $15,000. 54.25    (c) A licensed manufactured home installer must post a bond of at least $2,500. 54.26    Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts 54.27for purposes of sections 8.05 and 16C.05, subdivision 2. 54.28    Sec. 73. Minnesota Statutes 2008, section 326B.865, is amended to read: 54.29326B.865 SIGN CONTRACTOR; BOND. 54.30    (a) A sign contractor may post a compliance bond with the commissioner, 54.31conditioned that the sign contractor shall faithfully perform duties and comply with 54.32laws, ordinances, rules, and contracts entered into for the installation of signs. The bond 54.33must be renewed annually new text begin biennially new text end and maintained for so long as determined by the 55.1commissioner. The aggregate liability of the surety on the bond to any and all persons, 55.2regardless of the number of claims made against the bond, may not exceed the annual 55.3amount of the bond. The bond may be canceled as to future liability by the surety upon 30 55.4days' written notice mailed to the commissioner by United States mail. 55.5    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a 55.6local unit of government that requires sign contractors to post a compliance bond. The 55.7bond is in lieu of any compliance bond required by a local unit of government. 55.8    (c) For purposes of this section, "sign" means a device, structure, fixture, or 55.9placard using graphics, symbols, or written copy that is erected on the premises of an 55.10establishment including the name of the establishment or identifying the merchandise, 55.11services, activities, or entertainment available on the premises. 55.12    Sec. 74. Minnesota Statutes 2008, section 326B.921, subdivision 2, is amended to read: 55.13    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 55.14for high pressure piping work, a person must obtain or utilize a business with a high 55.15pressure piping business license. 55.16    A person must have at all times as a full-time employee at least one individual 55.17holding a contracting high pressure pipefitter competency license. Only full-time 55.18employees who hold contracting high pressure pipefitter licenses are authorized to obtain 55.19high pressure piping permits in the name of the business. The contracting high pressure 55.20pipefitter competency license holder can be the employee of only one high pressure piping 55.21business at a time. new text begin An application for a high pressure piping business license shall include new text end 55.22 new text begin a verified statement that the applicant or licensee has complied with this subdivision. new text end 55.23    To retain its business license without reapplication, a person holding a high pressure 55.24piping business license that ceases to employ an individual holding a contracting high 55.25pressure pipefitter competency license shall have 60 days from the last day of employment 55.26of its previous contracting pipefitter competency license holder to employ another license 55.27holder. The department must be notified no later than five days after the last day of 55.28employment of the previous license holder. 55.29    No high pressure pipefitting work may be performed during any period when the 55.30high pressure pipefitting business does not have a contracting high pressure pipefitter 55.31competency license holder on staff. If a license holder is not employed within 60 days 55.32after the last day of employment of the previous license holder, the pipefitting business 55.33license shall lapse. 55.34    The board shall prescribe by rule procedures for application for and issuance of 55.35business licenses. 56.1    Sec. 75. Minnesota Statutes 2008, section 326B.921, subdivision 4, is amended to read: 56.2    Subd. 4. Registration with commissioner. An unlicensed individual may 56.3register to assist in the practical construction and installation of high pressure piping 56.4and appurtenances while in the employ of a licensed high pressure piping business by 56.5completing and submitting to the commissioner a registration form provided by the 56.6commissioner new text begin , with all fees required by section 326B.092 new text end . The board may prescribe rules, 56.7not inconsistent with this section, for the registration of unlicensed individuals. 56.8    An unlicensed individual applying for initial registration shall pay the department an 56.9application fee of $50. Applications for initial registration may be submitted at any time. 56.10Registration must be renewed annually and shall be valid for one calendar year beginning 56.11January 1. Applications for renewal registration must be submitted to the commissioner 56.12before December 31 of each registration period on forms provided by the commissioner, 56.13and must be accompanied by a fee of $50. There shall be no refund of fees paid. 56.14    Sec. 76. Minnesota Statutes 2008, section 326B.921, subdivision 7, is amended to read: 56.15    Subd. 7. License fee new text begin , registration, and renewal fees new text end . The department shall charge 56.16the following license fees: 56.17    (a) application for journeyman high pressure pipefitter competency license, $120; 56.18    (b) renewal of journeyman high pressure pipefitter competency license, $80; 56.19    (c) application for contracting high pressure pipefitter competency license, $270; 56.20    (d) renewal of contracting high pressure pipefitter competency license, $240; 56.21    (e) application for high pressure piping business license, $450; 56.22    (f) application to inactivate a contracting high pressure pipefitter competency license 56.23or inactivate a journeyman high pressure pipefitter competency license, $40; and 56.24    (g) renewal of an inactive contracting high pressure pipefitter competency license or 56.25inactive journeyman high pressure pipefitter competency license, $40. 56.26    If an application for renewal of an active or inactive journeyman high pressure 56.27pipefitter competency license or active or inactive contracting high pressure pipefitter 56.28competency license is received by the department after the date of expiration of the 56.29license, a $30 late renewal fee shall be added to the license renewal fee. 56.30    Payment must accompany the application for a license or renewal of a license. There 56.31shall be no refund of fees paid. 56.32 new text begin For purposes of calculating license, registration, and renewal fees required under new text end 56.33 new text begin section 326B.092: new text end 56.34 new text begin (1) the registration of an unlicensed individual under subdivision 4 is an entry new text end 56.35 new text begin level license; new text end 57.1 new text begin (2) a journeyman high pressure pipefitter license is a journeyman license; new text end 57.2 new text begin (3) a contracting high pressure pipefitter license is a master license; and new text end 57.3 new text begin (4) a high pressure piping business license is a business license. new text end 57.4    Sec. 77. Minnesota Statutes 2008, section 326B.922, is amended to read: 57.5326B.922 LICENSE APPLICATION AND RENEWAL. 57.6     new text begin (a) new text end Application for a contracting high pressure pipefitter competency or new text begin , new text end a 57.7journeyman high pressure pipefitter competency new text begin , or a high pressure piping business new text end 57.8license 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 . 57.9 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 57.10 new text begin pressure pipefitter license new text end shall be licensed only after passing an examination developed 57.11and administered by the department in accordance with rules adopted by the board. A 57.12competency license issued by the department shall expire on December 31 of each year. A 57.13renewal application must be received by the department within one year after expiration of 57.14the competency license. A license that has been expired for more than one year cannot 57.15be renewed, and can only be reissued if the applicant submits a new application for the 57.16competency license, pays a new application fee, and retakes and passes the applicable 57.17license examination. 57.18 new text begin (c) All initial contracting high pressure pipefitter licenses, journeyman high pressure new text end 57.19 new text begin pipefitter licenses, and high pressure piping business licenses are effective for more than new text end 57.20 new text begin one calendar year and expire on December 31 of the year after the year in which the new text end 57.21 new text begin application is made. The commissioner shall in a manner determined by the commissioner, new text end 57.22 new text begin without the need for any rulemaking under chapter 14, phase in the renewal of contracting new text end 57.23 new text begin high pressure pipefitter, journeyman high pressure pipefitter, and high pressure piping new text end 57.24 new text begin business licenses from one year to two years. By June 30, 2012, all such licenses shall be new text end 57.25 new text begin two-year licenses. new text end 57.26    Sec. 78. Minnesota Statutes 2009 Supplement, section 326B.94, subdivision 4, is 57.27amended to read: 57.28    Subd. 4. Examinations, licensing. new text begin Every individual that operates a boat must new text end 57.29 new text begin hold a current master's license issued by the commissioner, unless the individual holds new text end 57.30 new text begin a valid, current charter boat captain's license issued by the United States Coast Guard. new text end 57.31The commissioner shall develop and administer an examination for all masters of boats 57.32carrying passengers for hire on the inland waters of the state as to their qualifications and 57.33fitness. If found qualified and competent to perform their duties as a master of a boat 57.34carrying passengers for hire, they shall be issued a license authorizing them to act as such 58.1on the inland waters of the state. All initial master's licenses shall be for two years. The 58.2commissioner shall in a manner determined by the commissioner, without the need for 58.3any rulemaking under chapter 14, phase in the renewal of master's licenses from one year 58.4to two years. By June 30, 2011, all renewed master's licenses shall be two-year licenses. 58.5Fees for the original issue and renewal of the license authorized under this section shall 58.6be pursuant to section 326B.986, subdivision 2 new text begin 326B.092 new text end . 58.7    Sec. 79. Minnesota Statutes 2008, section 326B.978, subdivision 2, is amended to read: 58.8    Subd. 2. Applications. Any individual who desires an engineer's license shall 58.9submit an application on a written or electronic form prescribed by the commissioner, at 58.10least 15 days before the requested exam date. If the commissioner approves the applicant 58.11for examination, the applicant may take the examination on one occasion within one 58.12year from the date the commissioner receives the application new text begin with all fees required by new text end 58.13 new text begin section 326B.092 new text end . 58.14    Sec. 80. Minnesota Statutes 2008, section 326B.978, is amended by adding a 58.15subdivision to read: 58.16     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 58.17 new text begin engineer's licenses or provisional licenses. new text end 58.18    Sec. 81. Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 5, 58.19is amended to read: 58.20    Subd. 5. Boiler engineer license fees. (a) For the following licenses, the 58.21nonrefundable license and application fee is: 58.22(1) chief engineer's license, $70; 58.23(2) first class engineer's license, $70; 58.24(3) second class engineer's license, $70; 58.25(4) special engineer's license, $40; 58.26(5) traction or hobby boiler engineer's license, $50; and 58.27(6) provisional license, $50. 58.28    (b) An engineer's license, except a provisional license, may be renewed upon 58.29application and payment of a renewal fee of $20 for one year or $40 for two years. If 58.30the renewal fee is paid later than 30 days after expiration, then a late fee of $15 will be 58.31added to the renewal fee. 58.32 new text begin (a) For purposes of calculating license fees and renewal license fees required under new text end 58.33 new text begin section 326B.092: new text end 59.1 new text begin (1) the boiler special engineer license is an entry level license; new text end 59.2 new text begin (2) the following licenses are journeyman licenses: first class engineer, Grade A; new text end 59.3 new text begin first class engineer, Grade B; first class engineer, Grade C; second class engineer, Grade new text end 59.4 new text begin A; second class engineer, Grade B; second class engineer, Grade C; and provisional new text end 59.5 new text begin license; and new text end 59.6 new text begin (3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler new text end 59.7 new text begin chief engineer, Grade B; boiler chief engineer, Grade C; boiler commissioner inspector; new text end 59.8 new text begin and traction or hobby boiler engineer. new text end 59.9 new text begin (b) Notwithstanding section 326B.092, subdivision 7, paragraph (a), the license new text end 59.10 new text begin duration for steam traction and hobby engineer licenses are one year only for the purpose new text end 59.11 new text begin of calculating license fees under section 326B.092, subdivision 7, paragraph (b). new text end 59.12    Sec. 82. Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to read: 59.13    Subd. 17. Installation. "Installation" of a manufactured home means assembly new text begin new text end 59.14 new text begin installation or reinstallation new text end , at the site of occupancy, of all portions of a manufactured 59.15home, connection of the manufactured home to existing utility connections and installation 59.16of support and/or anchoring systems. 59.17    Sec. 83. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision 59.18to read: 59.19     new text begin Subd. 21. new text end new text begin Used manufactured home. new text end new text begin "Used manufactured home" means a home new text end 59.20 new text begin being offered for sale not less than 24 months after the first purchaser took legal ownership new text end 59.21 new text begin or possession of the home. new text end 59.22    Sec. 84. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision 59.23to read: 59.24     new text begin Subd. 22. new text end new text begin Seller. new text end new text begin "Seller" means either the homeowner, manufactured home retailer new text end 59.25 new text begin or dealer, broker, or limited dealer or retailer. new text end 59.26    Sec. 85. Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read: 59.27    Subdivision 1. Requirement new text begin ; new manufactured homes new text end . No person shall sell, 59.28or offer for sale, in this state, any new text begin new new text end manufactured home manufactured after July 1, 59.291972, new text begin or new text end manufacture any manufactured home in this state or install for occupancy any 59.30manufactured home manufactured after July 1, 1972, in any manufactured home park in 59.31this state unless the manufactured home complies with the Manufactured Home Building 59.32Code and: new text begin bears a label as required by the secretary. new text end 60.1    (a) bears a seal issued by the commissioner, and is, whenever possible, accompanied 60.2by a certificate by the manufacturer or dealer, both evidencing that it complies with the 60.3Manufactured Home Building Code; or 60.4    (b) if manufactured after June 14, 1976, bears a label as required by the secretary. 60.5    Sec. 86. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 60.6to read: 60.7     new text begin Subd. 1a. new text end new text begin Requirement; used manufactured homes. new text end new text begin No person shall sell or new text end 60.8 new text begin offer for sale in this state any used manufactured home manufactured after June 14, new text end 60.9 new text begin 1976, or install for occupancy any used manufactured home manufactured after June new text end 60.10 new text begin 14, 1976, unless the used manufactured home complies with the Notice of Compliance new text end 60.11 new text begin Form as provided in this subdivision. If manufactured after June 14, 1976, the home new text end 60.12 new text begin must bear a label as required by the secretary. The Notice of Compliance Form shall be new text end 60.13 new text begin signed by the seller and purchaser indicating which party is responsible for either making new text end 60.14 new text begin or paying for any necessary corrections prior to the sale and transferring ownership of new text end 60.15 new text begin the manufactured home. new text end 60.16 new text begin The Notice of Compliance Form shall be substantially in the following form: new text end 60.17 new text begin "Notice of Compliance Form as required in Minnesota Statutes, new text end 60.18 new text begin section 327.32, subdivision 1. new text end 60.19 new text begin This notice must be completed and signed by the purchaser(s) and the seller(s) of the new text end 60.20 new text begin used manufactured home described in the purchase agreement and on the bottom of this new text end 60.21 new text begin notice before the parties transfer ownership of a used manufactured home constructed new text end 60.22 new text begin after June 14, 1976. new text end 60.23 new text begin Electric ranges and clothes dryers must have required four-conductor cords and plugs. new text end 60.24 new text begin Complies .......... new text end new text begin Correction required .......... new text end 60.25 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 60.26 new text begin Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code new text end 60.27 new text begin of Federal Regulations, title 24, section 3280.709(g), and installed correctly in accordance new text end 60.28 new text begin with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc., new text end 60.29 new text begin Code of Federal Regulations, title 24, section 3280.709(g)). new text end 60.30 new text begin Complies .......... new text end new text begin Correction required .......... new text end 60.31 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 60.32 new text begin Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal new text end 60.33 new text begin Regulations, title 24, section 3280.709(a) and (d)(1) and (2), and installed correctly, in new text end 60.34 new text begin accordance with their listing or standards. new text end 61.1 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.2 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.3 new text begin Smoke alarms are required to be installed and operational in accordance with Code of new text end 61.4 new text begin Federal Regulations, title 24, section 3280.208. new text end 61.5 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.6 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.7 new text begin Carbon monoxide alarms or CO detectors that are approved and operational are required new text end 61.8 new text begin to be installed within ten feet of each room lawfully used for sleeping purposes. new text end 61.9 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.10 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.11 new text begin Egress windows are required in every bedroom with at least one operable window with new text end 61.12 new text begin a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with new text end 61.13 new text begin the bottom of windows opening no more than 36 inches above the floor. Locks, latches, new text end 61.14 new text begin operating handles, tabs, or other operational devices shall not be located more than 54 new text end 61.15 new text begin inches above the finished floor. new text end 61.16 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.17 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.18 new text begin The furnace compartment of the home is required to have interior finish with a flame new text end 61.19 new text begin spread rating not exceeding 25 feet, as specified in the 1976 United States Department of new text end 61.20 new text begin Housing and Urban Development Code governing manufactured housing construction. new text end 61.21 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.22 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.23 new text begin The water heater enclosure in this home is required to have interior finish with a flame new text end 61.24 new text begin spread rating not exceeding 25 feet, as specified in the 1976 United States Department of new text end 61.25 new text begin Housing and Urban Development Code governing manufactured housing construction. new text end 61.26 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.27 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.28 new text begin The home complies with the snowload and heat zone requirements for the state of new text end 61.29 new text begin Minnesota as indicated by the data plate. new text end 61.30 new text begin Complies .......... new text end new text begin Correction required .......... new text end 61.31 new text begin Initialed by Responsible Party: Buyer .......... new text end new text begin Seller .......... new text end 61.32 new text begin The parties to this agreement have initialed all required sections and agree by their new text end 61.33 new text begin signature to complete any necessary corrections prior to the sale or transfer of ownership new text end 62.1 new text begin of the home described below as listed in the purchase agreement. The state of Minnesota new text end 62.2 new text begin or a local building official has the authority to inspect the home in the manner described in new text end 62.3 new text begin Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was new text end 62.4 new text begin properly executed as provided under the Manufactured Home Building Code. new text end 62.5 new text begin Signature of Purchaser(s) of Home new text end 62.6 new text begin ..............................date.............................. new text end new text begin ..............................date.............................. new text end 62.7 new text begin ................................................................... new text end new text begin ................................................................... new text end 62.8 62.9 new text begin Print name as appears on purchase new text end new text begin agreement new text end new text begin Print name as appears on purchase new text end new text begin agreement new text end 62.10 new text begin Signature of Seller(s) of Home new text end 62.11 new text begin ..............................date.............................. new text end new text begin ..............................date.............................. new text end 62.12 new text begin ................................................................... new text end new text begin ................................................................... new text end 62.13 new text begin Print name and license number, if applicable new text end new text begin Print name and license number, if applicable new text end 62.14 new text begin (Street address of home at time of sale) new text end 62.15 new text begin ................................................................................................................................ new text end 62.16 new text begin (City/State/Zip)....................................................................................................... new text end 62.17 new text begin Name of manufacturer of home............................................................................ new text end 62.18 new text begin Model and Year..................................................................................................... new text end 62.19 new text begin Serial Number........................................................................................................ new text end new text begin " new text end 62.20    Sec. 87. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 62.21to read: 62.22     new text begin Subd. 1b. new text end new text begin Alternative design plan. new text end new text begin An alternative frost-free design slab that is new text end 62.23 new text begin submitted to the department, stamped by a licensed professional engineer or architect, new text end 62.24 new text begin and is in compliance with either the federal installation standards in effect at the date of new text end 62.25 new text begin manufacture or the Minnesota State Building Code, when applicable, shall be issued a new text end 62.26 new text begin permit by the department within ten days. new text end 62.27    Sec. 88. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 62.28to read: 62.29     new text begin Subd. 1c. new text end new text begin Manufacturer's installation instructions; new home. new text end new text begin All new new text end 62.30 new text begin single-section manufactured homes and new multisection manufactured homes shall be new text end 62.31 new text begin installed in compliance with either the manufacturer's installation instructions in effect at new text end 62.32 new text begin the date of manufacture or, when applicable, the Minnesota State Building Code. new text end 62.33    Sec. 89. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 62.34to read: 62.35     new text begin Subd. 1d. new text end new text begin Manufacturer's installation instructions; used multisection homes. new text end 62.36 new text begin All used multisection manufactured homes shall be installed in compliance with the new text end 63.1 new text begin manufacturer's installation instructions in effect at the date of manufacture, approved new text end 63.2 new text begin addenda or, when applicable, the Minnesota State Building Code. new text end 63.3    Sec. 90. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 63.4to read: 63.5     new text begin Subd. 1e. new text end new text begin Reinstallation requirements for single-section used manufactured new text end 63.6 new text begin homes. new text end new text begin (a) All single-section used manufactured homes reinstalled less than 24 months new text end 63.7 new text begin from the date of installation by the first purchaser must be reinstalled in compliance with new text end 63.8 new text begin subdivision 1c. All single-section used manufactured homes reinstalled more than 24 new text end 63.9 new text begin months from the date of installation by the first purchaser may be reinstalled without new text end 63.10 new text begin a frost-protected foundation if the home is reinstalled in compliance with Minnesota new text end 63.11 new text begin Rules, chapter 1350, for above frost-line installations and the notice requirement of new text end 63.12 new text begin subdivision 1f is complied with by the seller and the purchaser of the single-section used new text end 63.13 new text begin manufactured home. new text end 63.14 new text begin (b) The installer shall affix an installation seal issued by the department to the new text end 63.15 new text begin outside of the home as required by the Minnesota State Building Code. The certificate new text end 63.16 new text begin of installation issued by the installer of record shall clearly state that the home has been new text end 63.17 new text begin reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and new text end 63.18 new text begin for issuance of reinstallation seals shall follow the requirements of sections 326B.802 new text end 63.19 new text begin to 326B.885. Fees for review of plans, specifications, and on-site inspections shall be new text end 63.20 new text begin those as specified in section 326B.153, subdivision 1, paragraph (c). Whenever an new text end 63.21 new text begin installation certificate for an above frost-line installation is issued to a single-section used new text end 63.22 new text begin manufactured home being listed for sale, the purchase agreement must disclose that the new text end 63.23 new text begin home is installed on a nonfrost-protected foundation and recommend that the purchaser new text end 63.24 new text begin have the home inspected to determine the effects of frost on the home. new text end 63.25    Sec. 91. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 63.26to read: 63.27     new text begin Subd. 1f. new text end new text begin Notice requirement. new text end new text begin The seller of the single-section used manufactured new text end 63.28 new text begin home being reinstalled under subdivision 1e shall provide the following notice to the new text end 63.29 new text begin purchaser and secure signatures of all parties to the purchase agreement on or before new text end 63.30 new text begin signing a purchase agreement prior to submitting an application for an installation new text end 63.31 new text begin certificate. Whenever a current owner of a manufactured home reinstalls the manufactured new text end 63.32 new text begin home under subdivision 1e, the current owner is not required to comply with the notice new text end 63.33 new text begin requirement under this subdivision. The notice shall be in at least 14-point font, except the new text end 63.34 new text begin heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font. new text end 64.1 new text begin The notice must be printed on a separate sheet of paper in a color different than the paper new text end 64.2 new text begin on which the purchase agreement is printed. The notice becomes a part of the purchase new text end 64.3 new text begin agreement and shall be substantially in the following form: new text end 64.4 new text begin "Notice of Reinstalling of a Single-Section Used Manufactured new text end 64.5 new text begin Home Above Frost-Line; new text end 64.6 new text begin WHICH MAY VOID WARRANTY new text end 64.7 new text begin It is recommended that the single-section used manufactured home being reinstalled new text end 64.8 new text begin follow the instructions in the manufacturer's installation manual. By signing this notice, new text end 64.9 new text begin the purchaser(s) are acknowledging they have elected to use footings placed above the new text end 64.10 new text begin local frost line in accordance with the Minnesota State Building Code. new text end 64.11 new text begin The seller has explained the differences between the manufacturer's installation new text end 64.12 new text begin instructions and the installation system selected by the purchaser(s) with respect to new text end 64.13 new text begin possible effects of frost on the manufactured home. new text end 64.14 new text begin The purchaser(s) acknowledge by signing this notice that there is no manufacturer's new text end 64.15 new text begin original warranty remaining on the home and recognize that any other extended or ancillary new text end 64.16 new text begin warranty could be adversely affected if any applicable warranty stipulates that the home new text end 64.17 new text begin be installed in accordance with the manufacturer's installation manual to remain effective. new text end 64.18 new text begin After the reinstallation of the manufactured home, it is highly recommended that the new text end 64.19 new text begin purchaser(s) have a licensed manufactured home installer recheck the home's installation new text end 64.20 new text begin for any releveling needs or anchoring system adjustments each freeze-thaw cycle. new text end 64.21 new text begin The purchaser(s) of the used manufactured home described below that is being reinstalled new text end 64.22 new text begin acknowledge they have read this notice and have been advised to contact the manufacturer new text end 64.23 new text begin of the home and/or the Department of Labor and Industry if they desire additional new text end 64.24 new text begin information before signing this notice. It is the intent of this notice to inform the new text end 64.25 new text begin purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system new text end 64.26 new text begin for the reinstallation of the manufactured home as originally required by the home's new text end 64.27 new text begin installation manual. new text end 64.28 new text begin Plain language notice. new text end 64.29 new text begin I understand that because this home will be installed with footings placed above the new text end 64.30 new text begin local frost line, this home may be subject to adverse effects from frost heave that may new text end 64.31 new text begin damage this home. Purchaser(s) initials: ....... new text end 64.32 new text begin I understand that the installation of this home with footings placed above the local new text end 64.33 new text begin frost line could affect my ability to obtain a mortgage or mortgage insurance on this new text end 64.34 new text begin home. Purchaser(s) initials: ....... new text end 65.1 new text begin I understand that the installation of this home with footings placed above the local new text end 65.2 new text begin frost line could void my warranty on the home if any warranty is still in place on this new text end 65.3 new text begin home. Purchaser(s) initials: ....... new text end 65.4 new text begin Signature of Purchaser(s) new text end 65.5 new text begin ..............................date.............................. new text end new text begin ..............................date.............................. new text end 65.6 new text begin ................................................................... new text end new text begin ................................................................... new text end 65.7 new text begin Print name new text end new text begin Print name new text end 65.8 65.9 new text begin (Street address of location where new text end new text begin manufactured home is being reinstalled) new text end 65.10 new text begin .............................................................................................................................. new text end 65.11 new text begin (City/State/Zip).................................................................................................... new text end 65.12 new text begin Name of manufacturer of home......................................................................... new text end 65.13 new text begin Model and year................................................................................................... new text end 65.14 new text begin Serial number..................................................................................................... new text end 65.15 new text begin Name of licensed installer and license number or homeowner responsible for the new text end 65.16 new text begin installation of the home as described above. new text end 65.17 new text begin Installer name:................................................................................................... new text end 65.18 new text begin License number:................................................................................................" new text end 65.19    Sec. 92. Minnesota Statutes 2008, section 327.34, subdivision 1, is amended to read: 65.20    Subdivision 1. Generally. It shall be a misdemeanor for any person, 65.21(a) to sell, lease, or offer to sell or lease, any manufactured home manufactured 65.22after July 1, 1972 new text begin June 14, 1976, new text end which does not comply with the Manufactured Home 65.23Building Code or which does not bear a seal or label as required by sections 327.31 to 65.24327.34 , unless the action is subject to the provisions of section 327.35; 65.25(b) to affix a seal or label, or cause a seal or label to be affixed, to any manufactured 65.26home which does not comply with the Manufactured Home Building Code unless the 65.27action is subject to the provisions of section 327.35; 65.28(c) to alter a manufactured home manufactured after July 1, 1972 new text begin June 14, 1976 new text end , 65.29in a manner prohibited by sections 327.31 to 327.34; new text begin or new text end 65.30(d) to fail to correct a Manufactured Home Building Code violation in a 65.31manufactured home manufactured after July 1, 1972 new text begin June 14, 1976 new text end , which is owned, 65.32manufactured, or sold by that person, within 40 days of being ordered to do so in writing 65.33by an authorized representative of the commissioner, unless the correction is subject to the 65.34provisions of section 327.35; or new text begin . new text end 66.1(e) to interfere with, obstruct, or hinder any authorized representative of the 66.2commissioner in the performance of duties relating to manufactured homes manufactured 66.3after July 1, 1972, and prior to June 15, 1976. 66.4    Sec. 93. Minnesota Statutes 2008, section 327B.04, subdivision 2, is amended to read: 66.5    Subd. 2. Subagency licenses. Any dealer who has a place of business at more than 66.6one location shall designate one location as its principal place of business, one name as its 66.7principal name, and all other established places of business as subagencies. A subagency 66.8license shall be required for each subagency. new text begin Subagency license renewal must coincide new text end 66.9 new text begin with the principal license date. new text end No dealer shall do business as a dealer under any other 66.10name than the name on its license. 66.11    Sec. 94. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7, is 66.12amended to read: 66.13    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 66.14 new text begin section, new text end each application for a license or license renewal must be accompanied by a fee in 66.15an amount established by subdivision 7a new text begin all applicable fees required by section 326B.092 new text end . 66.16The fees shall be set in an amount which over the fiscal biennium will produce revenues 66.17approximately equal to the expenses which the commissioner expects to incur during that 66.18fiscal biennium while administering and enforcing sections 327B.01 to 327B.12. The 66.19commissioner shall grant or deny a license application or a renewal application within 60 66.20days of its filing. If the license is granted, the commissioner shall license the applicant as a 66.21dealer or manufacturer for the remainder of the licensure period. Upon application by the 66.22licensee, the commissioner shall renew the license for a two-year period, if: 66.23    (1) the renewal application satisfies the requirements of subdivisions 3 and 4; 66.24    (2) the renewal applicant has made all listings, registrations, notices and reports 66.25required by the commissioner during the preceding licensure period; and 66.26    (3) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 66.27327B.12 and all taxes, arrearages, and penalties owed to the state. 66.28    Sec. 95. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7a, 66.29is amended to read: 66.30    Subd. 7a. Fees. (a) Fees for licenses issued pursuant to this section are as follows: new text begin new text end 66.31 new text begin shall be calculated pursuant to section 326B.092. new text end 66.32(1) initial dealer license for principal location, $400. Fee is not refundable; 66.33(2) initial dealer license for subagency location, $80; 67.1(3) dealer license biennial renewal, principal location, $400; dealer subagency 67.2location biennial renewal, $160. Subagency license renewal must coincide with the 67.3principal license date; 67.4(4) initial limited dealer license, $200; 67.5(5) change of bonding company, $10; 67.6(6) reinstatement of bond after cancellation notice has been received, $10; 67.7(7) checks returned without payment, $15; and 67.8(8) change of address, $10. 67.9(b) All initial limited dealer licenses shall be effective for more than one calendar 67.10year and shall expire on December 31 of the year after the year in which the application 67.11is made. 67.12(c) The license fee for each renewed limited dealer license shall be $100 for one year 67.13and $200 for two years. new text begin For the purposes of calculating fees under section 326B.092, any new text end 67.14 new text begin license issued under this section is a business license, except that a subagency license is a new text end 67.15 new text begin master license. new text end The commissioner shall in a manner determined by the commissioner, 67.16without the need for any rulemaking under chapter 14, phase in the renewal of limited 67.17dealer licenses from one year to two years. By June 30, 2011, all renewed limited dealer 67.18licenses shall be two-year licenses. 67.19(d) All fees are not refundable. 67.20    Sec. 96. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 8, is 67.21amended to read: 67.22    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's 67.23license to an owner of a manufactured home park authorizing the licensee as principal 67.24only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 67.25manufactured homes located in the owned manufactured home park. The licensee must be 67.26the title holder of the homes and may engage in no more than ten sales during each year of 67.27the two-year licensure period. An owner may, upon payment of the applicable fee and 67.28compliance with this subdivision, obtain a separate license for each owned manufactured 67.29home park and is entitled to sell up to 20 homes per license period provided that only one 67.30limited dealer license may be issued for each park. The license shall be issued after: 67.31    (1) receipt of an application on forms provided by the commissioner containing 67.32the following information: 67.33    (i) the identity of the applicant; 67.34    (ii) the name under which the applicant will be licensed and do business in this state; 68.1    (iii) the name and address of the owned manufactured home park, including a copy 68.2of the park license, serving as the basis for the issuance of the license; 68.3    (iv) the name, home, and business address of the applicant; 68.4    (v) the name, address, and telephone number of one individual that is designated 68.5by the applicant to receive all communications and cooperate with all inspections and 68.6investigations of the commissioner pertaining to the sale of manufactured homes in the 68.7manufactured home park owned by the applicant; 68.8    (vi) whether the applicant or its designated individual has been convicted of a crime 68.9within the previous ten years that is either related directly to the business for which the 68.10license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 68.11judgment in a civil action involving fraud, misrepresentation, or conversion within the 68.12previous five years or has had any government license or permit suspended or revoked 68.13as a result of an action brought by a federal or state governmental agency in this or any 68.14other state within the last five years; and 68.15    (vii) the applicant's qualifications and business history, including whether the 68.16applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 68.17any unsatisfied court judgments outstanding against it or them; 68.18    (2) payment of the license fee established by subdivision 7a; and 68.19    (3) provision of a surety bond in the amount of $5,000. A separate surety bond 68.20must be provided for each limited license. 68.21    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). 68.22The holding of a limited dealer's license does not satisfy the requirement contained in 68.23section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 68.24to obtaining a dealer license. The commissioner may, upon application for a renewal of a 68.25license, require only a verification that copies of sales documents have been retained and 68.26payment 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 68.27documents" mean only the safety feature disclosure form defined in section 327C.07, 68.28subdivision 3a , title of the home, financing agreements, and purchase agreements. 68.29    The license holder shall, upon request of the commissioner, make available for 68.30inspection during business hours sales documents required to be retained under this 68.31subdivision. 68.32    Sec. 97. Minnesota Statutes 2009 Supplement, section 327B.041, is amended to read: 68.33327B.041 MANUFACTURED HOME INSTALLERS. 68.34    (a) Manufactured home installers are subject to all of the new text begin fees in section 326B.092 new text end 68.35 new text begin and the new text end requirements of sections 326B.802 to 326B.885, except for the following: 69.1    (1) manufactured home installers are not subject to the continuing education 69.2requirements of section 326B.821, but are subject to the continuing education requirements 69.3established in rules adopted under section 327B.10; 69.4    (2) the examination requirement of section 326B.83, subdivision 3, for manufactured 69.5home installers shall be satisfied by successful completion of a written examination 69.6administered and developed specifically for the examination of manufactured home 69.7installers. The examination must be administered and developed by the commissioner. The 69.8commissioner and the state building official shall seek advice on the grading, monitoring, 69.9and updating of examinations from the Minnesota Manufactured Housing Association; 69.10    (3) a local government unit may not place a surcharge on a license fee, and may not 69.11charge a separate fee to installers; 69.12    (4) a dealer or distributor who does not install or repair manufactured homes is 69.13exempt from licensure under sections 326B.802 to 326B.885; 69.14    (5) the exemption under section 326B.805, subdivision 6, clause (5), does not 69.15apply; and 69.16    (6) manufactured home installers are not subject to the contractor recovery fund 69.17in section 326B.89. 69.18    (b) The commissioner may waive all or part of the requirements for licensure 69.19as a manufactured home installer for any individual who holds an unexpired license or 69.20certificate issued by any other state or other United States jurisdiction if the licensing 69.21requirements of that jurisdiction meet or exceed the corresponding licensing requirements 69.22of the department new text begin and the individual complies with section 326B.092, subdivisions 1 new text end 69.23 new text begin and 3 to 7. For the purposes of calculating fees under section 326B.092, licensure as a new text end 69.24 new text begin manufactured home installer is a business license new text end . 69.25    Sec. 98. Minnesota Statutes 2008, section 469.1082, subdivision 5, is amended to read: 69.26    Subd. 5. Area of operation. The area of operation of a county economic 69.27development service provider created under this section shall include all cities new text begin and new text end 69.28 new text begin townships new text end within a county that have adopted resolutions electing to participate. A city 69.29 new text begin or township new text end may adopt a resolution electing to withdraw participation. The withdrawal 69.30election may be made every fifth year following adoption of the resolution electing 69.31participation. The withdrawal election is effective on the anniversary date of the original 69.32resolution provided notice is given to the county economic development authority not less 69.33than 90 nor more than 180 days prior to that anniversary date. The city new text begin or township new text end 69.34electing to withdraw retains any rights, obligations, and liabilities it obtained or incurred 69.35during its participation. Any city new text begin or township new text end within the county shall have the option to 70.1adopt a resolution to prohibit the county economic development service provider created 70.2under this section from operating within its boundaries and (1) within an agreed upon 70.3urban service area, or (2) within the distance approved in the committee report referenced 70.4in subdivision 3. If a city new text begin or township new text end prohibits a county economic development service 70.5provider created under this section from operating within its boundaries, the city's new text begin or new text end 70.6 new text begin township's new text end property taxpayers shall not be subject to the property tax levied for the county 70.7economic development service provider. 70.8    Sec. 99. Minnesota Statutes 2008, section 471.59, subdivision 10, is amended to read: 70.9    Subd. 10. Services performed by governmental units; commonality of powers. 70.10Notwithstanding the provisions of subdivision 1 requiring commonality of powers 70.11between parties to any agreement, the governing body of any governmental unit as 70.12defined in subdivision 1 may enter into agreements with any other governmental unit 70.13to perform on behalf of that unit any service or function which the governmental unit 70.14providing the service or function is authorized to provide for itself. new text begin If the agreement new text end 70.15 new text begin has the effect of eliminating or replacing a public employee who is part of a collective new text end 70.16 new text begin bargaining agreement represented by an exclusive representative, and there is no provision new text end 70.17 new text begin in the collective bargaining agreement detailing the effect of the action on the affected new text end 70.18 new text begin public employee, negotiations on the effects to the employee of the job elimination or new text end 70.19 new text begin restructuring must be conducted between the exclusive representative and the employer. new text end 70.20    Sec. 100. Laws 2009, chapter 78, article 1, section 3, subdivision 2, is amended to read: 70.21 70.22 Subd. 2.Business and Community Development 8,980,000 8,980,000 new text begin 8,873,000 new text end 70.23 Appropriations by Fund 70.24 70.25 General 7,941,000 7,941,000 new text begin 7,834,000 new text end 70.26 Remediation 700,000 700,000 70.27 70.28 Workforce Development 339,000 339,000 70.29(a) $700,000 the first year and $700,000 the 70.30second year are from the remediation fund for 70.31contaminated site cleanup and development 70.32grants under Minnesota Statutes, section 70.33116J.554 . This appropriation is available 70.34until expended. 71.1(b) $200,000 each year is from the general 71.2fund for a grant to WomenVenture for 71.3women's business development programs 71.4and for programs that encourage and assist 71.5women to enter nontraditional careers in the 71.6trades; manual and technical occupations; 71.7science, technology, engineering, and 71.8mathematics-related occupations; and green 71.9jobs. This appropriation may be matched 71.10dollar for dollar with any resources available 71.11from the federal government for these 71.12purposes with priority given to initiatives 71.13that have a goal of increasing by at least ten 71.14percent the number of women in occupations 71.15where women currently comprise less than 25 71.16percent of the workforce. The appropriation 71.17is available until expended. 71.18(c) $105,000 each year is from the general 71.19fund and $50,000 each year is from the 71.20workforce development fund for a grant to 71.21the Metropolitan Economic Development 71.22Association for continuing minority business 71.23development programs in the metropolitan 71.24area. This appropriation must be used for the 71.25sole purpose of providing free or reduced 71.26fee business consulting services to minority 71.27entrepreneurs and contractors. 71.28(d)(1) $500,000 each year is from the 71.29general fund for a grant to BioBusiness 71.30Alliance of Minnesota for bioscience 71.31business development programs to promote 71.32and position the state as a global leader 71.33in bioscience business activities. This 71.34appropriation is added to the department's 71.35base. These funds may be used to create, 71.36recruit, retain, and expand biobusiness 72.1activity in Minnesota; implement the 72.2destination 2025 statewide plan; update 72.3a statewide assessment of the bioscience 72.4industry and the competitive position of 72.5Minnesota-based bioscience businesses 72.6relative to other states and other nations; 72.7and develop and implement business and 72.8scenario-planning models to create, recruit, 72.9retain, and expand biobusiness activity in 72.10Minnesota. 72.11(2) The BioBusiness Alliance must report 72.12each year by February 15 to the committees 72.13of the house of representatives and the senate 72.14having jurisdiction over bioscience industry 72.15activity in Minnesota on the use of funds; 72.16the number of bioscience businesses and 72.17jobs created, recruited, retained, or expanded 72.18in the state since the last reporting period; 72.19the competitive position of the biobusiness 72.20industry; and utilization rates and results of 72.21the business and scenario-planning models 72.22and outcomes resulting from utilization of 72.23the business and scenario-planning models. 72.24(e)(1) Of the money available in the 72.25Minnesota Investment Fund, Minnesota 72.26Statutes, section 116J.8731, to the 72.27commissioner of the Department of 72.28Employment and Economic Development, 72.29up to $3,000,000 is appropriated in fiscal year 72.302010 for a loan to an aircraft manufacturing 72.31and assembly company, associated with the 72.32aerospace industry, for equipment utilized 72.33to establish an aircraft completion center 72.34at the Minneapolis-St. Paul International 72.35Airport. The finishing center must use the 72.36state's vocational training programs designed 73.1specifically for aircraft maintenance training, 73.2and to the extent possible, work to recruit 73.3employees from these programs. The center 73.4must create at least 200 new manufacturing 73.5jobs within 24 months of receiving the 73.6loan, and create not less than 500 new 73.7manufacturing jobs over a five-year period 73.8in Minnesota. 73.9(2) This loan is not subject to loan limitations 73.10under Minnesota Statutes, section 116J.8731, 73.11subdivision 5 . Any match requirements 73.12under Minnesota Statutes, section 116J.8731, 73.13subdivision 3 , may be made from current 73.14resources. This is a onetime appropriation 73.15and is effective the day following final 73.16enactment. 73.17(f) $65,000 each year is from the general 73.18fund for a grant to the Minnesota Inventors 73.19Congress, of which at least $6,500 must be 73.20used for youth inventors. 73.21(g) $200,000 the first year and $200,000 the 73.22second year are for the Office of Science and 73.23Technology. This is a onetime appropriation. 73.24(h) $500,000 the first year and $500,000 the 73.25second year are for a grant to Enterprise 73.26Minnesota, Inc., for the small business 73.27growth acceleration program under 73.28Minnesota Statutes, section 116O.115. This 73.29is a onetime appropriation and is available 73.30until expended. 73.31(i)(1) $100,000 each year is from the 73.32workforce development fund for a grant 73.33under Minnesota Statutes, section 116J.421, 73.34to the Rural Policy and Development 73.35Center at St. Peter, Minnesota. The grant 74.1shall be used for research and policy 74.2analysis on emerging economic and social 74.3issues in rural Minnesota, to serve as a 74.4policy resource center for rural Minnesota 74.5communities, to encourage collaboration 74.6across higher education institutions, to 74.7provide interdisciplinary team approaches 74.8to research and problem-solving in rural 74.9communities, and to administer overall 74.10operations of the center. 74.11(2) The grant shall be provided upon the 74.12condition that each state-appropriated 74.13dollar be matched with a nonstate dollar. 74.14Acceptable matching funds are nonstate 74.15contributions that the center has received and 74.16have not been used to match previous state 74.17grants. Any funds not spent the first year are 74.18available the second year. 74.19(j) Notwithstanding Minnesota Statutes, 74.20section 268.18, subdivision 2, $414,000 of 74.21funds collected for unemployment insurance 74.22administration under this subdivision is 74.23appropriated as follows: $250,000 to Lake 74.24County for ice storm damage; $64,000 is for 74.25the city of Green Isle for reimbursement of 74.26fire relief efforts and other expenses incurred 74.27as a result of the fire in the city of Green Isle; 74.28and $100,000 is to develop the construction 74.29mitigation pilot program to make grants for 74.30up to five projects statewide available to local 74.31government units to mitigate the impacts of 74.32transportation construction on local small 74.33business. These are onetime appropriations 74.34and are available until expended. 75.1(k) Up to $10,000,000 is appropriated from 75.2the Minnesota minerals 21st century fund to 75.3the commissioner of Iron Range resources 75.4and rehabilitation to make a grant new text begin grants new text end or 75.5forgivable loan to a manufacturer new text begin loans to new text end 75.6 new text begin manufacturers new text end of windmill blades at a facility new text begin , new text end 75.7 new text begin other renewable energy manufacturing, or new text end 75.8 new text begin biomass products at facilities new text end to be located 75.9within the taconite tax relief area defined 75.10in Minnesota Statutes, section 273.134. new text begin No new text end 75.11 new text begin match is required for the renewable energy new text end 75.12 new text begin manufacturing or biomass projects. new text end 75.13(l) $1,000,000 is appropriated from the 75.14Minnesota minerals 21st century fund to 75.15the Board of Trustees of the Minnesota 75.16State Colleges and Universities for a grant 75.17to the Northeast Higher Education District 75.18for planning, design, and construction of 75.19classrooms and housing facilities for upper 75.20division students in the engineering program. 75.21(m)(1) $189,000 each year is appropriated 75.22from the workforce development fund for 75.23grants of $63,000 to eligible organizations 75.24each year to assist in the development of 75.25entrepreneurs and small businesses. Each 75.26state grant dollar must be matched with $1 75.27of nonstate funds. Any balance in the first 75.28year does not cancel but is available in the 75.29second year. 75.30(2) Three grants must be awarded to 75.31continue or to develop a program. One 75.32grant must be awarded to the Riverbend 75.33Center for Entrepreneurial Facilitation 75.34in Blue Earth County, and two to other 75.35organizations serving Faribault and Martin 76.1Counties. Grant recipients must report to the 76.2commissioner by February 1 of each year 76.3that the organization receives a grant with the 76.4number of customers served; the number of 76.5businesses started, stabilized, or expanded; 76.6the number of jobs created and retained; and 76.7business success rates. The commissioner 76.8must report to the house of representatives 76.9and senate committees with jurisdiction 76.10over economic development finance on the 76.11effectiveness of these programs for assisting 76.12in the development of entrepreneurs and 76.13small businesses. 76.14    Sec. 101. Laws 2010, chapter 216, section 58, is amended to read: 76.15    Sec. 58. 2010 DISTRIBUTIONS ONLY. 76.16    For distributions in 2010 only, a special fund is established to receive new text begin 31.941 new text end 76.17cents per ton that otherwise would be allocated under Minnesota Statutes, section 298.28, 76.18subdivision 6 new text begin . The following amounts are allocated to St. Louis County acting as the fiscal new text end 76.19 new text begin agent for the recipients for the specific purposes new text end : 76.20    (1) 0.764 cent per ton must be paid to Northern Minnesota Dental to provide 76.21incentives for at least two dentists to establish dental practices in high-need areas of the 76.22taconite tax relief area; 76.23(2) 0.955 cent per ton must be paid to the city of Virginia for repairs and geothermal 76.24heat at the Olcott Park Greenhouse/Virginia Commons project; 76.25(3) 0.796 cent per ton must be paid to the city of Virginia for health and safety 76.26repairs at the Miners Memorial; 76.27(4) 1.114 cents per ton must be paid to the city of Eveleth for the reconstruction 76.28of Highway 142/Grant and Park Avenues; 76.29(5) 0.478 cent per ton must be paid to the Greenway Joint Recreation Board for 76.30upgrades and capital improvements to the public arena in Coleraine; 76.31(6) 0.796 cent per ton must be paid to the city of Calumet for water treatment and 76.32pumphouse modifications; 76.33(7) 0.159 cent per ton must be paid to the city of Bovey for residential and 76.34commercial claims for water damage due to water and flood-related damage caused by 76.35the Canisteo Pit; 77.1(8) 0.637 cent per ton must be paid to the city of Nashwauk for a community and 77.2child care center; 77.3(9) 0.637 cent per ton must be paid to the city of Keewatin for water and sewer 77.4upgrades; 77.5(10) 0.637 cent per ton must be paid to the city of Marble for the city hall and 77.6library project; 77.7(11) 0.955 cent per ton must be paid to the city of Grand Rapids for extension of 77.8water and sewer services for Lakewood Housing; 77.9(12) 0.159 cent per ton must be paid to the city of Grand Rapids for exhibits at 77.10the Children's Museum; 77.11(13) 0.637 cent per ton must be paid to the city of Grand Rapids for Block 20/21 soil 77.12corrections. This amount must be matched by local sources; 77.13(14) 0.605 cent per ton must be paid to the city of Aitkin for three water loops; 77.14(15) 0.048 cent per ton must be paid to the city of Aitkin for signage; 77.15(16) 0.159 cent per ton must be paid to Aitkin County for a trail; 77.16(17) 0.637 cent per ton must be paid to the city of Cohasset for the Beiers Road 77.17railroad crossing; 77.18(18) 0.088 cent per ton must be paid to the town of Clinton for expansion and 77.19striping of the community center parking lot; 77.20(19) 0.398 cent per ton must be paid to the city of Kinney for water line replacement; 77.21(20) 0.796 cent per ton must be paid to the city of Gilbert for infrastructure 77.22improvements, milling, and overlay for Summit Street between Alaska Avenue and 77.23Highway 135; 77.24(21) 0.318 cent per ton must be paid to the city of Gilbert for sanitary sewer main 77.25replacements and improvements in the Northeast Lower Alley area; 77.26(22) 0.637 cent per ton must be paid to the town of White for replacement of the 77.27Stepetz Road culvert; 77.28(23) 0.796 cent per ton must be paid to the city of Buhl for reconstruction of Sharon 77.29Street and associated infrastructure; 77.30(24) 0.796 cent per ton must be paid to the city of Mountain Iron for site 77.31improvements at the Park Ridge development; 77.32(25) 0.796 cent per ton must be paid to the city of Mountain Iron for infrastructure 77.33and site preparation for its renewable and sustainable energy park; 77.34(26) 0.637 cent per ton must be paid to the city of Biwabik for sanitary sewer 77.35improvements; 78.1(27) 0.796 cent per ton must be paid to the city of Aurora for alley and road 78.2rebuilding for the Summit Addition; 78.3(28) 0.955 cent per ton must be paid to the city of Silver Bay for bioenergy facility 78.4improvements; 78.5(29) 0.318 cent per ton must be paid to the city of Grand Marais for water and 78.6sewer infrastructure improvements; 78.7(30) 0.318 cent per ton must be paid to the city of Orr for airport, water, and sewer 78.8improvements; 78.9(31) 0.716 cent per ton must be paid to the city of Cook for street and bridge 78.10improvements; 78.11(32) 0.955 cent per ton must be paid to the city of Ely for street, water, and sewer 78.12improvements; 78.13(33) 0.318 cent per ton must be paid to the city of Tower for water and sewer 78.14improvements; 78.15(34) 0.955 cent per ton must be paid to the city of Two Harbors for water and sewer 78.16improvements; 78.17(35) 0.637 cent per ton must be paid to the city of Babbitt for water and sewer 78.18improvements; 78.19(36) 0.096 cent per ton must be paid to the township of Duluth for infrastructure 78.20improvements; 78.21(37) 0.096 cent per ton must be paid to the township of Tofte for infrastructure 78.22improvements; 78.23(38) 3.184 cents per ton must be paid to the city of Hibbing for sewer improvements; 78.24(39) 1.273 cents per ton must be paid to the city of Chisholm for NW Area Project 78.25infrastructure improvements; 78.26(40) 0.318 cent per ton must be paid to the city of Chisholm for health and safety 78.27improvements at the athletic facility; 78.28(41) 0.796 cent per ton must be paid to the city of Hoyt Lakes for residential street 78.29improvements; 78.30(42) 0.796 cent per ton must be paid to the Bois Forte Indian Reservation for 78.31infrastructure related to a housing development; 78.32(43) 0.159 cent per ton must be paid to Balkan Township for building improvements; 78.33(44) 0.159 cent per ton must be paid to the city of Grand Rapids for a grant to 78.34a nonprofit for a signage kiosk; 78.35(45) 0.318 cent per ton must be paid to the city of Crane Lake for sanitary sewer 78.36lines and adjacent development near County State-Aid Highway 24; and 79.1(46) 0.159 cent per ton must be paid to the city of Chisholm to rehabilitate historic 79.2wall infrastructure around the athletic complex. new text begin ; new text end 79.3 new text begin (47) 2.706 cents per ton must be paid to the Virginia Regional Medical Center for new text end 79.4 new text begin operating room equipment and renovations; and new text end 79.5 new text begin (48) 0.478 cent per ton must be paid to St. Louis County for a study of the future new text end 79.6 new text begin feasibility and operation of Independent School District No. 2142. Funds must be paid new text end 79.7 new text begin upon execution of a contract to conduct the study. new text end 79.8EFFECTIVE DATE.This section is effective for the 2010 distribution, all of 79.9which must be made in the August 2010 payment new text begin retroactively from the day following new text end 79.10 new text begin final enactment new text end . 79.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from April 2, 2010. new text end 79.12    Sec. 102. new text begin CUSTOMER SERVICE. new text end 79.13 new text begin (a) The commissioner of employment and economic development, in consultation new text end 79.14 new text begin with workforce service area staff, must, as soon as practical, develop and implement new text end 79.15 new text begin processes and procedures to ensure that unemployed Minnesotans who go to a workforce new text end 79.16 new text begin center are provided, to the fullest extent possible, seamless assistance in applying for new text end 79.17 new text begin unemployment benefits, accessing resource room resources, searching for jobs, accessing new text end 79.18 new text begin training and other services available to unemployed workers, and receiving answers to new text end 79.19 new text begin questions about unemployment insurance. new text end 79.20 new text begin (b) The actions taken to comply with paragraph (a) must include, at a minimum, new text end 79.21 new text begin the implementation of a procedure by which unemployed Minnesotans may receive, at new text end 79.22 new text begin their option, face-to-face consultation and assistance in their local workforce center on new text end 79.23 new text begin applying for unemployment benefits, accessing resource room resources, searching for new text end 79.24 new text begin jobs, accessing training and other services available to unemployed workers, and receiving new text end 79.25 new text begin answers to questions about unemployment insurance. new text end 79.26 new text begin (c) The commissioner is authorized and encouraged to maximize the use of existing new text end 79.27 new text begin employees and federal dollars to accomplish paragraph (a), including, but not limited to, new text end 79.28 new text begin paying portions of existing employees' salaries from more than one source of funding, new text end 79.29 new text begin ensuring that employees are cross-trained to perform functions beyond that required by new text end 79.30 new text begin paragraph (b) when such employees are stationed in workforce centers, and implementing new text end 79.31 new text begin need-based scheduling of employees to ensure that each workforce center is adequately new text end 79.32 new text begin staffed during peak demand hours for the services contemplated by paragraph (a). new text end 79.33 new text begin (d) By September 1, 2010, the commissioner must provide an initial written report to new text end 79.34 new text begin the chairs and ranking minority members of the standing committees of the senate and new text end 80.1 new text begin house of representatives having jurisdiction over economic and workforce development new text end 80.2 new text begin issues on the actions taken under paragraph (a) and the result of those actions. The report new text end 80.3 new text begin must include detailed information on new additional resources provided by the department new text end 80.4 new text begin to ensure that the issues in paragraph (a) are addressed. A second report with updated new text end 80.5 new text begin information must be provided to the chairs and ranking minority members of the standing new text end 80.6 new text begin committees of the senate and house of representatives having jurisdiction over economic new text end 80.7 new text begin and workforce development issues by January 15, 2011. new text end 80.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 80.9 new text begin and expires August 31, 2011. new text end 80.10    Sec. 103. new text begin WORKFORCE SERVICES REPORT AND RECOMMENDATIONS. new text end 80.11 new text begin By January 15, 2011, the governor's Workforce Development Council executive new text end 80.12 new text begin committee shall submit a report to the senate and house of representatives committees new text end 80.13 new text begin with jurisdiction over workforce development programs on the performance and outcomes new text end 80.14 new text begin of the workforce centers, as required by Minnesota Statutes, section 116L.665, subdivision new text end 80.15 new text begin 4. This report must contain recommendations for an ongoing process to identify local gaps new text end 80.16 new text begin in workforce services and ways to fill the gaps. The Department of Employment and new text end 80.17 new text begin Economic Development and the workforce councils should be included in the process new text end 80.18 new text begin for identifying service gaps. The governor's Workforce Development Council executive new text end 80.19 new text begin committee must submit draft-guiding principles to the legislature for review and feedback new text end 80.20 new text begin by August 12, 2010. new text end 80.21    Sec. 104. new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC new text end 80.22 new text begin DEVELOPMENT BLOCK GRANT REPORT. new text end 80.23 new text begin The commissioner of employment and economic development shall study and new text end 80.24 new text begin report to the chairs and ranking minority members of the house of representatives and new text end 80.25 new text begin senate committees having jurisdiction over economic development and workforce issues new text end 80.26 new text begin on the use of block grant funding to be administered by the Workforce Development new text end 80.27 new text begin Division and the Business and Community Development Division. The report must new text end 80.28 new text begin include recommendations for the use of block grant funding including goals, grant award new text end 80.29 new text begin criteria, RFP procedures, priorities for target populations and the services to be provided, new text end 80.30 new text begin and inclusion of all pass-through grants administered by the department including those new text end 80.31 new text begin receiving direct state appropriations. The recommendations must contain specific new text end 80.32 new text begin proposals on providing grant oversight, evaluation, and administration of allocated funds new text end 80.33 new text begin in order to maximize services to target populations. new text end 81.1    Sec. 105. new text begin STUDY OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND new text end 81.2 new text begin GENERAL FUND REVENUE ACCOUNT. new text end 81.3 new text begin (a) The Carlson School of Management at the University of Minnesota is requested new text end 81.4 new text begin to study: new text end 81.5 new text begin (1) the feasibility of dividing the state's general fund revenue account among new text end 81.6 new text begin community financial institutions and transferring the state's major and minor accounts to new text end 81.7 new text begin community financial institutions in order to ensure that state money benefits Minnesota new text end 81.8 new text begin residents; new text end 81.9 new text begin (2) the potential economic benefit of transferring all major and minor accounts new text end 81.10 new text begin to community financial institutions; and new text end 81.11 new text begin (3) the potential economic benefit to governmental entities as defined by Minnesota new text end 81.12 new text begin Statutes, section 118A.01, subdivision 2, from an increase in their use of community new text end 81.13 new text begin financial institutions as defined in clause (1). new text end 81.14 new text begin (b) The results of the study must be reported to the legislature by December 1, 2010. new text end 81.15 new text begin For purposes of this section, "community financial institution" means a federally new text end 81.16 new text begin insured bank or credit union, chartered as a bank or credit union by the state of new text end 81.17 new text begin Minnesota or the United States, that is headquartered in Minnesota and has no more than new text end 81.18 new text begin $2,500,000,000 in assets. new text end 81.19    Sec. 106. new text begin COMPARATIVE STUDY OF STATE REGULATION AFFECTING new text end 81.20 new text begin SMALL BUSINESS START-UPS. new text end 81.21 new text begin (a) The Legislative Coordinating Commission must apply to the University of new text end 81.22 new text begin Minnesota Carlson School of Business or another grant-making organization for a grant to new text end 81.23 new text begin fund or conduct a comparative study of the effects of state regulation on the cost and delay new text end 81.24 new text begin required to start a typical small business in Minnesota and Wisconsin. new text end 81.25 new text begin (b) The study must examine the typical cost and delay required by state regulation in new text end 81.26 new text begin the two states to start a typical small services business, small retail business, and small new text end 81.27 new text begin manufacturing business. Within each of those three categories, the study must choose a new text end 81.28 new text begin specific type of business and follow the start-up process in the two states from beginning new text end 81.29 new text begin to end, including formation, financing, licensing, permits, reporting requirements, new text end 81.30 new text begin employment laws, and state and local taxes, including special tax provisions that affect the new text end 81.31 new text begin business' ability to start operations. The study must result in a written report submitted to new text end 81.32 new text begin the Legislative Coordinating Commission no later than December 1, 2011. new text end 81.33 new text begin (c) The Legislative Coordinating Commission shall request proposals and choose new text end 81.34 new text begin the recipient of the grant from among higher education institutions that have a graduate new text end 81.35 new text begin program in business, business administration, or a similar field. The Legislative new text end 82.1 new text begin Coordinating Commission shall periodically monitor the recipient's progress on the study new text end 82.2 new text begin and written report. The Legislative Coordinating Commission shall submit the written new text end 82.3 new text begin report as a report to the legislature in compliance with Minnesota Statutes, sections 3.195 new text end 82.4 new text begin and 3.197. new text end 82.5 new text begin (d) If a grant is not received for the comparative study, the Legislative Coordinating new text end 82.6 new text begin Commission is not responsible for any of the tasks under this section. new text end 82.7    Sec. 107. new text begin VACATION PAY AND UNEMPLOYMENT BENEFITS. new text end 82.8 new text begin An individual who received unemployment benefits in 2009 shall not be determined new text end 82.9 new text begin overpaid under Minnesota Statutes, section 268.18, subdivision 1, because of receipt of new text end 82.10 new text begin vacation pay in 2009 which was earned in 2008 under a collective bargaining agreement new text end 82.11 new text begin with an employer that had layoffs in May 2009 of over 400 workers. new text end 82.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 82.13    Sec. 108. new text begin GRANT AGREEMENT. new text end 82.14 new text begin The 2008 Producer Grant and Loan Fund Grant Agreement between the state of new text end 82.15 new text begin Minnesota acting through the office of the commissioner of Iron Range resources and new text end 82.16 new text begin rehabilitation and St. Louis County for "The Pike River Road Project" and "St. Louis new text end 82.17 new text begin County Maintenance Garage Project" shall remain in effect until the project is completed new text end 82.18 new text begin and all obligations set forth in the agreement have been satisfactorily fulfilled. new text end 82.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 82.20    Sec. 109. new text begin APPROPRIATION. new text end 82.21 new text begin $107,000 is appropriated from the general fund in fiscal year 2011 to the Minnesota new text end 82.22 new text begin Science and Technology Authority for the purposes of Minnesota Statutes, chapter 116W. new text end 82.23    Sec. 110. new text begin TRANSFER. new text end 82.24 new text begin The commissioner of management and budget must transfer any remaining balance new text end 82.25 new text begin of the appropriation made in Laws 2009, chapter 78, article 1, section 3, subdivision 2, new text end 82.26 new text begin paragraph (g), to the Minnesota Science and Technology Authority. new text end 82.27    Sec. 111. new text begin REVISOR'S INSTRUCTION. new text end 82.28 new text begin In Minnesota Rules, the revisor of statutes shall change all references to Minnesota new text end 82.29 new text begin Rules, part 1350.8300, to Minnesota Statutes, section 327B.04. new text end 83.1    Sec. 112. new text begin REPEALER. new text end 83.2 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 83.3 new text begin subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56, subdivision 3; 326B.885, new text end 83.4 new text begin subdivisions 3 and 4; 326B.976; 327.32, subdivision 4; and 327C.07, subdivisions 3a new text end 83.5 new text begin and 8, new text end new text begin are repealed. new text end 83.6 new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, sections 326B.56, subdivision 4; and new text end 83.7 new text begin 326B.986, subdivision 2, new text end new text begin are repealed. new text end 83.8 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 83.9 new text begin 1350.7200, subpart 3; and 1350.8000, subpart 2, new text end new text begin are repealed. new text end 83.10 new text begin (d) new text end new text begin Minnesota Statutes 2008, section 116J.657, new text end new text begin is repealed. new text end 83.11 new text begin EFFECTIVE DATE. new text end new text begin Paragraphs (a) to (c) are effective January 1, 2012, except new text end 83.12 new text begin that the repeal of Minnesota Statutes, sections 327.32, subdivision 4, and 327C.07, new text end 83.13 new text begin subdivisions 3a and 8, are effective August 1, 2010. Paragraph (d) is effective July 1, 2010. new text end 83.14    Sec. 113. new text begin EFFECTIVE DATE. new text end 83.15 new text begin (a) Sections 30 to 81 and 93 to 97 are effective January 1, 2012. new text end 83.16 new text begin (b) Sections 10 to 19, 100, and 109 are effective July 1, 2010. new text end