1.1A bill for an act
1.2relating to economic development; modifying certain economic development,
1.3fees, and licensing provisions; modifying certain occupational continuing
1.4education requirements; clarifying and modifying regulation of medical gas
1.5system and manufactured home provisions; requiring reports; appropriating
1.6money for jobs, economic development, and housing purposes;amending
1.7Minnesota Statutes 2010, sections 116J.035, by adding a subdivision; 116J.8737,
1.8subdivisions 1, 2, 4; 116L.3625; 116L.62; 154.06; 154.065, subdivision 2;
1.9154.08; 154.11, subdivision 1; 154.12; 181.723, subdivision 5; 182.6553,
1.10subdivision 6; 268.18, subdivisions 2, 2b; 268.199; 298.17; 326B.04, subdivision
1.112; 326B.091; 326B.098; 326B.13, subdivision 8; 326B.148, subdivision 1;
1.12326B.42, subdivisions 8, 9, 10, by adding subdivisions; 326B.435, subdivision
1.132; 326B.438; 326B.46, subdivisions 1a, 1b, 2, 3; 326B.47, subdivisions 1, 3;
1.14326B.49, subdivision 1; 326B.56, subdivision 1; 326B.58; 326B.82, subdivisions
1.152, 3, 7, 9; 326B.821, subdivisions 1, 5, 5a, 6, 7, 8, 9, 10, 11, 12, 15, 16, 18, 19,
1.1620, 22, 23; 326B.865; 326B.89, subdivisions 6, 8; 327.32, subdivisions 1a, 1b,
1.171e, 1f, 7; 327.33, subdivision 2; 327C.095, subdivision 12; 341.321; Laws 2009,
1.18chapter 78, article 1, section 18; proposing coding for new law in Minnesota
1.19Statutes, chapter 326B; repealing Minnesota Statutes 2010, sections 326B.82,
1.20subdivisions 4, 6; 326B.821, subdivision 3.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.22
ARTICLE 1
1.23
JOBS, ECONOMIC DEVELOPMENT, AND HOUSING APPROPRIATIONS
1.24
1.25
Section 1. new text begin JOBS, ECONOMIC DEVELOPMENT, AND HOUSING new text end
new text begin APPROPRIATIONS.new text end
1.26
new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end
1.27
new text begin in this article.new text end
1.28
new text begin 2012new text end
new text begin 2013new text end
new text begin Totalnew text end
1.29
new text begin Generalnew text end
new text begin $new text end
new text begin 80,090,000new text end
new text begin $new text end
new text begin 77,758,000new text end
new text begin $new text end
new text begin 157,848,000new text end
1.30
new text begin Workforce Developmentnew text end
new text begin 14,151,000new text end
new text begin 14,151,000new text end
new text begin 28,302,000new text end
1.31
new text begin Remediationnew text end
new text begin 700,000new text end
new text begin 700,000new text end
new text begin 1,400,000new text end
2.1
new text begin Workers' Compensation new text end
new text begin 22,574,000new text end
new text begin 22,574,000new text end
new text begin 45,148,000new text end
2.2
new text begin Totalnew text end
new text begin $new text end
new text begin 117,515,000new text end
new text begin $new text end
new text begin 115,183,000new text end
new text begin $new text end
new text begin 232,698,000new text end
2.3
Sec. 2. new text begin JOBS, ECONOMIC DEVELOPMENT, AND HOUSING.new text end
2.4
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end
2.5
new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end
2.6
new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end
2.7
new text begin for each purpose. The figures "2012" and "2013" used in this article mean that the new text end
2.8
new text begin appropriations listed under them are available for the fiscal year ending June 30, 2012, or new text end
2.9
new text begin June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal new text end
2.10
new text begin year 2013. "The biennium" is fiscal years 2012 and 2013.new text end
2.11
new text begin APPROPRIATIONSnew text end
2.12
new text begin Available for the Yearnew text end
2.13
new text begin Ending June 30new text end
2.14
new text begin 2012new text end
new text begin 2013new text end
2.15
2.16
Sec. 3. new text begin DEPARTMENT OF EMPLOYMENT new text end
new text begin AND ECONOMIC DEVELOPMENTnew text end
2.17
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 53,044,000new text end
new text begin $new text end
new text begin 50,819,000new text end
2.18
new text begin Appropriations by Fundnew text end
2.19
new text begin 2012new text end
new text begin 2013new text end
2.20
new text begin Generalnew text end
new text begin 38,850,000new text end
new text begin 36,625,000new text end
2.21
new text begin Remediationnew text end
new text begin 700,000new text end
new text begin 700,000new text end
2.22
2.23
new text begin Workforce new text end
new text begin Developmentnew text end
new text begin 13,494,000new text end
new text begin 13,494,000new text end
2.24
new text begin The amounts that may be spent for each new text end
2.25
new text begin purpose are specified in the following new text end
2.26
new text begin subdivisions.new text end
2.27
2.28
new text begin Subd. 2.new text end new text begin Business and Community new text end
new text begin Developmentnew text end
new text begin 9,166,000new text end
new text begin 6,941,000new text end
2.29
new text begin Appropriations by Fundnew text end
2.30
new text begin Generalnew text end
new text begin 8,186,000new text end
new text begin 5,961,000new text end
2.31
new text begin Remediationnew text end
new text begin 700,000new text end
new text begin 700,000new text end
2.32
2.33
new text begin Workforce new text end
new text begin Developmentnew text end
new text begin 280,000new text end
new text begin 280,000new text end
2.34
new text begin (a) $700,000 the first year and $700,000 the new text end
2.35
new text begin second year are from the remediation fund for new text end
2.36
new text begin contaminated site cleanup and development new text end
3.1
new text begin grants under Minnesota Statutes, section new text end
3.2
new text begin 116J.554. This appropriation is available new text end
3.3
new text begin until expended.new text end
3.4
new text begin (b) $970,000 the first year and $970,000 the new text end
3.5
new text begin second year are from the general fund for new text end
3.6
new text begin contaminated site cleanup and development new text end
3.7
new text begin grants under Minnesota Statutes, section new text end
3.8
new text begin 116J.554.new text end
3.9
new text begin (c) $1,086,000 the first year and $1,086,000 new text end
3.10
new text begin the second year are from the general fund for new text end
3.11
new text begin the Minnesota Trade Office.new text end
3.12
new text begin (d) $150,000 each year is from the general new text end
3.13
new text begin fund for a grant to WomenVenture for new text end
3.14
new text begin women's business development programs new text end
3.15
new text begin and for programs that encourage and assist new text end
3.16
new text begin women to enter nontraditional careers in the new text end
3.17
new text begin trades; manual and technical occupations; new text end
3.18
new text begin science, technology, engineering, and new text end
3.19
new text begin mathematics-related occupations; and green new text end
3.20
new text begin jobs. This appropriation may be matched new text end
3.21
new text begin dollar for dollar with any resources available new text end
3.22
new text begin from the federal government for these new text end
3.23
new text begin purposes with priority given to initiatives new text end
3.24
new text begin that have a goal of increasing by at least ten new text end
3.25
new text begin percent the number of women in occupations new text end
3.26
new text begin where women currently comprise less than new text end
3.27
new text begin 25 percent of the workforce.new text end
3.28
new text begin (e) $75,000 each year is from the general new text end
3.29
new text begin fund and $40,000 each year is from the new text end
3.30
new text begin workforce development fund for a grant to new text end
3.31
new text begin the Metropolitan Economic Development new text end
3.32
new text begin Association for continuing minority business new text end
3.33
new text begin development programs in the metropolitan new text end
3.34
new text begin area. This appropriation must be used for the new text end
3.35
new text begin sole purpose of providing free or reduced new text end
4.1
new text begin fee business consulting services to minority new text end
4.2
new text begin entrepreneurs and contractors.new text end
4.3
new text begin (f)(1) $425,000 the first year is a onetime new text end
4.4
new text begin appropriation from the general fund for a new text end
4.5
new text begin grant to BioBusiness Alliance of Minnesota new text end
4.6
new text begin for bioscience business development new text end
4.7
new text begin programs to promote and position the state new text end
4.8
new text begin as a global leader in bioscience business new text end
4.9
new text begin activities. These funds may be used to create, new text end
4.10
new text begin recruit, retain, and expand biobusiness new text end
4.11
new text begin activity in Minnesota; implement the new text end
4.12
new text begin destination 2025 statewide plan; update new text end
4.13
new text begin a statewide assessment of the bioscience new text end
4.14
new text begin industry and the competitive position of new text end
4.15
new text begin Minnesota-based bioscience businesses new text end
4.16
new text begin relative to other states and other nations; new text end
4.17
new text begin and develop and implement business and new text end
4.18
new text begin scenario-planning models to create, recruit, new text end
4.19
new text begin retain, and expand biobusiness activity in new text end
4.20
new text begin Minnesota.new text end
4.21
new text begin (2) The BioBusiness Alliance must report new text end
4.22
new text begin each year by February 15 to the committees new text end
4.23
new text begin of the house of representatives and the senate new text end
4.24
new text begin having jurisdiction over bioscience industry new text end
4.25
new text begin activity in Minnesota on the use of funds; new text end
4.26
new text begin the number of bioscience businesses and new text end
4.27
new text begin jobs created, recruited, retained, or expanded new text end
4.28
new text begin in the state since the last reporting period; new text end
4.29
new text begin the competitive position of the biobusiness new text end
4.30
new text begin industry; and utilization rates and results of new text end
4.31
new text begin the business and scenario-planning models new text end
4.32
new text begin and outcomes resulting from utilization of new text end
4.33
new text begin the business and scenario-planning models.new text end
4.34
new text begin (g) $50,000 the first year is from the general new text end
4.35
new text begin fund for a grant to the Minnesota Inventors new text end
5.1
new text begin Congress, of which at least $5,000 must be new text end
5.2
new text begin used for youth inventors. This is a onetime new text end
5.3
new text begin appropriation.new text end
5.4
new text begin (h)(1) $90,000 each year is from the new text end
5.5
new text begin workforce development fund for a grant new text end
5.6
new text begin under Minnesota Statutes, section 116J.421, new text end
5.7
new text begin to the Rural Policy and Development new text end
5.8
new text begin Center at St. Peter, Minnesota. The grant new text end
5.9
new text begin shall be used for research and policy new text end
5.10
new text begin analysis on emerging economic and social new text end
5.11
new text begin issues in rural Minnesota, to serve as a new text end
5.12
new text begin policy resource center for rural Minnesota new text end
5.13
new text begin communities, to encourage collaboration new text end
5.14
new text begin across higher education institutions, to new text end
5.15
new text begin provide interdisciplinary team approaches new text end
5.16
new text begin to research and problem-solving in rural new text end
5.17
new text begin communities, and to administer overall new text end
5.18
new text begin operations of the center.new text end
5.19
new text begin (2) The grant shall be provided upon the new text end
5.20
new text begin condition that each state-appropriated new text end
5.21
new text begin dollar be matched with a nonstate dollar. new text end
5.22
new text begin Acceptable matching funds are nonstate new text end
5.23
new text begin contributions that the center has received and new text end
5.24
new text begin have not been used to match previous state new text end
5.25
new text begin grants. Any funds not spent the first year are new text end
5.26
new text begin available the second year.new text end
5.27
new text begin (i)(1) $150,000 each year is appropriated new text end
5.28
new text begin from the workforce development fund for new text end
5.29
new text begin grants of $50,000 to eligible organizations new text end
5.30
new text begin each year to assist in the development of new text end
5.31
new text begin entrepreneurs and small businesses. Each new text end
5.32
new text begin state grant dollar must be matched with $1 new text end
5.33
new text begin of nonstate funds. Any balance in the first new text end
5.34
new text begin year does not cancel but is available in the new text end
5.35
new text begin second year.new text end
6.1
new text begin (2) Three grants must be awarded to new text end
6.2
new text begin continue or to develop a program. One new text end
6.3
new text begin grant must be awarded to the Riverbend new text end
6.4
new text begin Center for Entrepreneurial Facilitation new text end
6.5
new text begin in Blue Earth County, and two to other new text end
6.6
new text begin organizations serving Faribault and Martin new text end
6.7
new text begin Counties. Grant recipients must report to the new text end
6.8
new text begin commissioner by February 1 of each year new text end
6.9
new text begin that the organization receives a grant with the new text end
6.10
new text begin number of customers served; the number of new text end
6.11
new text begin businesses started, stabilized, or expanded; new text end
6.12
new text begin the number of jobs created and retained; and new text end
6.13
new text begin business success rates. The commissioner new text end
6.14
new text begin must report to the house of representatives new text end
6.15
new text begin and senate committees with jurisdiction new text end
6.16
new text begin over economic development finance on the new text end
6.17
new text begin effectiveness of these programs for assisting new text end
6.18
new text begin in the development of entrepreneurs and new text end
6.19
new text begin small businesses.new text end
6.20
new text begin (j) $1,000,000 the first year is from the new text end
6.21
new text begin general fund for the Minnesota Investment new text end
6.22
new text begin Fund under Minnesota Statutes, section new text end
6.23
new text begin 116J.8731. The appropriation is available new text end
6.24
new text begin until spent. This is a onetime appropriation new text end
6.25
new text begin and is not added to the agency's base.new text end
6.26
new text begin (k) $750,000 the first year is from the general new text end
6.27
new text begin fund for the redevelopment account under new text end
6.28
new text begin Minnesota Statutes, section 116J.571. This new text end
6.29
new text begin is a onetime appropriation and is available new text end
6.30
new text begin until spent.new text end
6.31
new text begin Subd. 3.new text end new text begin Workforce Developmentnew text end
new text begin 43,020,000new text end
new text begin 43,020,000new text end
6.32
new text begin Appropriations by Fundnew text end
6.33
new text begin Generalnew text end
new text begin 29,806,000new text end
new text begin 29,806,000new text end
6.34
6.35
new text begin Workforce new text end
new text begin Developmentnew text end
new text begin 13,214,000new text end
new text begin 13,214,000new text end
7.1
new text begin (a) $3,728,000 each year is from the general new text end
7.2
new text begin fund for the Minnesota job skills partnership new text end
7.3
new text begin program under Minnesota Statutes, sections new text end
7.4
new text begin 116L.01 to 116L.17. If the appropriation for new text end
7.5
new text begin either year is insufficient, the appropriation new text end
7.6
new text begin for the other year is available. This new text end
7.7
new text begin appropriation is available until spent.new text end
7.8
new text begin (b) $10,800,000 each year is from the general new text end
7.9
new text begin fund for the state's vocational rehabilitation new text end
7.10
new text begin program under Minnesota Statutes, chapter new text end
7.11
new text begin 268A.new text end
7.12
new text begin (c) $5,928,000 each year is from the general new text end
7.13
new text begin fund for the state services for the blind new text end
7.14
new text begin activities.new text end
7.15
new text begin (d) $2,150,000 each year is from the general new text end
7.16
new text begin fund for grants to centers for independent new text end
7.17
new text begin living under Minnesota Statutes, section new text end
7.18
new text begin 268A.11.new text end
7.19
new text begin (e) $315,000 each year is from the general new text end
7.20
new text begin fund and $105,000 each year is from the new text end
7.21
new text begin workforce development fund for a grant new text end
7.22
new text begin under Minnesota Statutes, section 116J.8747, new text end
7.23
new text begin to Twin Cities RISE! to provide training to new text end
7.24
new text begin hard-to-train individuals. Funds unexpended new text end
7.25
new text begin in the first year are available for expenditure new text end
7.26
new text begin in the second year.new text end
7.27
new text begin (f) $100,000 each year is from the general new text end
7.28
new text begin fund for a grant to Northern Connections new text end
7.29
new text begin in Perham to implement and operate a new text end
7.30
new text begin workforce program that provides one-stop new text end
7.31
new text begin supportive services to individuals as they new text end
7.32
new text begin transition into the workforce.new text end
7.33
new text begin (g) $5,091,000 each year is from the general new text end
7.34
new text begin fund and $6,527,000 each year is from the new text end
7.35
new text begin workforce development fund for extended new text end
8.1
new text begin employment services for persons with severe new text end
8.2
new text begin disabilities or related conditions under new text end
8.3
new text begin Minnesota Statutes, section 268A.15. Of new text end
8.4
new text begin the general fund appropriation, $125,000 new text end
8.5
new text begin each year is to supplement funds paid for new text end
8.6
new text begin wage incentives for the community support new text end
8.7
new text begin fund established in Minnesota Rules, part new text end
8.8
new text begin 3300.2045.new text end
8.9
new text begin (h) $1,479,000 each year is from the general new text end
8.10
new text begin fund for grants to programs that provide new text end
8.11
new text begin employment support services to persons with new text end
8.12
new text begin mental illness under Minnesota Statutes, new text end
8.13
new text begin sections 268A.13 and 268A.14. Grants new text end
8.14
new text begin may be used for special projects for young new text end
8.15
new text begin people with mental illness transitioning from new text end
8.16
new text begin school to work and people with serious new text end
8.17
new text begin mental illness receiving services through new text end
8.18
new text begin a mental health court or civil commitment new text end
8.19
new text begin court. Special projects must demonstrate new text end
8.20
new text begin interagency collaboration.new text end
8.21
new text begin (i) $135,000 each year is from the general new text end
8.22
new text begin fund and $163,000 each year is from the new text end
8.23
new text begin workforce development fund for a grant new text end
8.24
new text begin under Minnesota Statutes, section 268A.03, new text end
8.25
new text begin to Rise, Inc. for the Minnesota Employment new text end
8.26
new text begin Center for People Who are Deaf or Hard of new text end
8.27
new text begin Hearing. Money not expended the first year new text end
8.28
new text begin is available the second year.new text end
8.29
new text begin (j) $80,000 each year is from the general fund new text end
8.30
new text begin and $160,000 each year is from the workforce new text end
8.31
new text begin development fund for a grant to Lifetrack new text end
8.32
new text begin Resources for its immigrant and refugee new text end
8.33
new text begin collaborative program, including those new text end
8.34
new text begin related to job-seeking skills and workplace new text end
8.35
new text begin orientation, intensive job development, new text end
9.1
new text begin functional work English, and on-site job new text end
9.2
new text begin coaching. This appropriation may also be new text end
9.3
new text begin used in Rochester.new text end
9.4
new text begin (k) $1,100,000 each year is from the new text end
9.5
new text begin workforce development fund for the new text end
9.6
new text begin Opportunities Industrialization Center new text end
9.7
new text begin programs. The OIC state council must new text end
9.8
new text begin not be colocated with the Department of new text end
9.9
new text begin Employment and Economic Development.new text end
9.10
new text begin (l) $2,450,000 the first year is a onetime new text end
9.11
new text begin appropriation from the workforce new text end
9.12
new text begin development fund for the Minnesota youth new text end
9.13
new text begin program under Minnesota Statutes, sections new text end
9.14
new text begin 116L.56 and 116L.561.new text end
9.15
new text begin (m) $630,000 the first year is a onetime new text end
9.16
new text begin appropriation from the workforce new text end
9.17
new text begin development fund for grants for the new text end
9.18
new text begin Minneapolis summer youth employment new text end
9.19
new text begin program. The commissioner shall establish new text end
9.20
new text begin criteria for awarding the grant.new text end
9.21
new text begin Of this appropriation, 25 percent is for a grant new text end
9.22
new text begin to the Minneapolis learn-to-earn summer new text end
9.23
new text begin youth employment program.new text end
9.24
new text begin (n) $750,000 the first year is a onetime new text end
9.25
new text begin appropriation from the workforce new text end
9.26
new text begin development fund for a grant to the new text end
9.27
new text begin Minnesota Alliance of Boys and Girls new text end
9.28
new text begin Clubs to administer a statewide project new text end
9.29
new text begin of youth jobs skills development. This new text end
9.30
new text begin project, which may have career guidance new text end
9.31
new text begin components, including health and life skills, new text end
9.32
new text begin is to encourage, train, and assist youth in new text end
9.33
new text begin job-seeking skills, workplace orientation, new text end
9.34
new text begin and job-site knowledge through coaching. new text end
9.35
new text begin This grant requires a 25 percent match new text end
10.1
new text begin from nonstate resources. The Alliance may new text end
10.2
new text begin work collaboratively with the Minneapolis new text end
10.3
new text begin Park Board for summer youth employment new text end
10.4
new text begin programming.new text end
10.5
new text begin (o) $391,000 the first year is a onetime new text end
10.6
new text begin appropriation from the workforce new text end
10.7
new text begin development fund for grants to fund summer new text end
10.8
new text begin youth employment in St. Paul. The new text end
10.9
new text begin commissioner shall establish criteria for new text end
10.10
new text begin awarding the grant.new text end
10.11
new text begin (p) $700,000 the first year is a onetime new text end
10.12
new text begin appropriation from the workforce new text end
10.13
new text begin development fund for the youthbuild new text end
10.14
new text begin program under Minnesota Statutes, sections new text end
10.15
new text begin 116L.361 to 116L.366.new text end
10.16
new text begin (q) $238,000 the first year is a onetime new text end
10.17
new text begin appropriation from the workforce new text end
10.18
new text begin development fund for grants to provide new text end
10.19
new text begin interpreters for a regional transition program new text end
10.20
new text begin that specializes in providing culturally new text end
10.21
new text begin appropriate transition services leading to new text end
10.22
new text begin employment for deaf, hard-of-hearing, and new text end
10.23
new text begin deafblind students.new text end
10.24
new text begin (r) $5,159,000 the second year is from new text end
10.25
new text begin the workforce development fund for the new text end
10.26
new text begin youth workforce development competitive new text end
10.27
new text begin grant pilot program. The commissioner new text end
10.28
new text begin shall develop and implement a competitive new text end
10.29
new text begin grant program to provide workforce new text end
10.30
new text begin training services to youth in Minnesota. new text end
10.31
new text begin Of this amount, up to five percent is for new text end
10.32
new text begin administering and monitoring this program. new text end
10.33
new text begin The commissioner shall report by October new text end
10.34
new text begin 15, 2011, to the standing committees of the new text end
10.35
new text begin senate and house of representatives having new text end
11.1
new text begin jurisdiction over workforce development new text end
11.2
new text begin issues on program parameters and criteria new text end
11.3
new text begin developed for the competitive grants under new text end
11.4
new text begin this paragraph. This appropriation is added new text end
11.5
new text begin to the agency's base.new text end
11.6
new text begin Subd. 4.new text end new text begin State-Funded Administrationnew text end
new text begin 858,000new text end
new text begin 858,000new text end
11.7
Sec. 4. new text begin HOUSING FINANCE AGENCYnew text end
11.8
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 36,251,000new text end
new text begin $new text end
new text begin 36,251,000new text end
11.9
new text begin The amounts that may be spent for each new text end
11.10
new text begin purpose are specified in the following new text end
11.11
new text begin subdivisions.new text end
11.12
new text begin This appropriation is for transfer to the new text end
11.13
new text begin housing development fund for the programs new text end
11.14
new text begin specified. Except as otherwise indicated, this new text end
11.15
new text begin transfer is part of the agency's permanent new text end
11.16
new text begin budget base.new text end
11.17
new text begin Subd. 2.new text end new text begin Challenge Programnew text end
new text begin 7,059,000new text end
new text begin 7,059,000new text end
11.18
new text begin For the economic development and housing new text end
11.19
new text begin challenge program under Minnesota new text end
11.20
new text begin Statutes, section 462A.33. Of this amount, new text end
11.21
new text begin $1,208,000 each year shall be made available new text end
11.22
new text begin during the first eight months of the fiscal new text end
11.23
new text begin year exclusively for housing projects for new text end
11.24
new text begin American Indians. Any funds not committed new text end
11.25
new text begin to housing projects for American Indians in new text end
11.26
new text begin the first eight months of the fiscal year shall new text end
11.27
new text begin be available for any eligible activity under new text end
11.28
new text begin Minnesota Statutes, section 462A.33.new text end
11.29
new text begin Subd. 3.new text end new text begin Housing Trust Fundnew text end
new text begin 8,305,000new text end
new text begin 8,305,000new text end
11.30
new text begin For deposit in the housing trust fund account, new text end
11.31
new text begin for the purposes provided under Minnesota new text end
11.32
new text begin Statutes, section 462A.201.new text end
11.33
new text begin Subd. 4.new text end new text begin Rental Assistance for Mentally Illnew text end
new text begin 2,638,000new text end
new text begin 2,638,000new text end
12.1
new text begin For the rental housing assistance program for new text end
12.2
new text begin persons with a mental illness or families with new text end
12.3
new text begin an adult member with a mental illness under new text end
12.4
new text begin Minnesota Statutes, section new text end
new text begin .new text end
12.5
new text begin Subd. 5.new text end new text begin Family Homeless Preventionnew text end
new text begin 7,465,000new text end
new text begin 7,465,000new text end
12.6
new text begin For the family homeless prevention and new text end
12.7
new text begin assistance programs under Minnesota new text end
12.8
new text begin Statutes, section new text end
new text begin .new text end
12.9
new text begin Subd. 6.new text end new text begin Home Ownership Assistance Fundnew text end
new text begin 797,000new text end
new text begin 797,000new text end
12.10
new text begin For the home ownership assistance program new text end
12.11
new text begin under Minnesota Statutes, section 462A.21, new text end
12.12
new text begin subdivision 8. The annual interest rate on new text end
12.13
new text begin loans provided under Minnesota Statutes, new text end
12.14
new text begin section 462A.21, subdivision 8, must equal new text end
12.15
new text begin two percent.new text end
12.16
new text begin Subd. 7.new text end new text begin Affordable Rental Investment Fundnew text end
new text begin 6,813,000new text end
new text begin 6,813,000new text end
12.17
new text begin (a) For the affordable rental investment fund new text end
12.18
new text begin program under Minnesota Statutes, section new text end
12.19
new text begin 462A.21, subdivision 8bnew text end new text begin . The appropriation new text end
12.20
new text begin is to finance the acquisition, rehabilitation, new text end
12.21
new text begin and debt restructuring of federally assisted new text end
12.22
new text begin rental property and for making equity new text end
12.23
new text begin take-out loans under Minnesota Statutes, new text end
12.24
new text begin section 462A.05, subdivision 39.new text end
12.25
new text begin (b) The owner of federally assisted rental new text end
12.26
new text begin property must agree to participate in new text end
12.27
new text begin the applicable federally assisted housing new text end
12.28
new text begin program and to extend any existing new text end
12.29
new text begin low-income affordability restrictions on the new text end
12.30
new text begin housing for the maximum term permitted. new text end
12.31
new text begin The owner must also enter into an agreement new text end
12.32
new text begin that gives local units of government, new text end
12.33
new text begin housing and redevelopment authorities, new text end
12.34
new text begin and nonprofit housing organizations the new text end
13.1
new text begin right of first refusal if the rental property new text end
13.2
new text begin is offered for sale. Priority must be given new text end
13.3
new text begin among comparable federally assisted rental new text end
13.4
new text begin properties to properties with the longest new text end
13.5
new text begin remaining term under an agreement for new text end
13.6
new text begin federal assistance. Priority must also be new text end
13.7
new text begin given among comparable rental housing new text end
13.8
new text begin developments to developments that are or new text end
13.9
new text begin will be owned by local government units, a new text end
13.10
new text begin housing and redevelopment authority, or a new text end
13.11
new text begin nonprofit housing organization.new text end
13.12
new text begin (c) The appropriation also may be used to new text end
13.13
new text begin finance the acquisition, rehabilitation, and new text end
13.14
new text begin debt restructuring of existing supportive new text end
13.15
new text begin housing properties. For purposes of this new text end
13.16
new text begin subdivision, "supportive housing" means new text end
13.17
new text begin affordable rental housing with links to new text end
13.18
new text begin services necessary for individuals, youth, and new text end
13.19
new text begin families with children to maintain housing new text end
13.20
new text begin stability.new text end
13.21
new text begin Subd. 8.new text end new text begin Housing Rehabilitationnew text end
new text begin 2,449,000new text end
new text begin 2,449,000new text end
13.22
new text begin For the housing rehabilitation program new text end
13.23
new text begin under Minnesota Statutes, section new text end
new text begin , new text end
13.24
new text begin subdivision 14, for rental housing new text end
13.25
new text begin developments.new text end
13.26
13.27
new text begin Subd. 9.new text end new text begin Homeownership Education, new text end
new text begin Counseling, and Trainingnew text end
new text begin 600,000new text end
new text begin 600,000new text end
13.28
new text begin For the homeownership education, new text end
13.29
new text begin counseling, and training program under new text end
13.30
new text begin Minnesota Statutes, section new text end
new text begin . new text end
13.31
new text begin Notwithstanding Minnesota Statutes, section new text end
13.32
new text begin 462A.209, subdivision 7, paragraph (b), new text end
13.33
new text begin more than one-half of the funds awarded new text end
13.34
new text begin for foreclosure prevention and assistance new text end
14.1
new text begin activities may be used for mortgage or new text end
14.2
new text begin financial counseling services.new text end
14.3
new text begin Subd. 10.new text end new text begin Capacity-Building Grantsnew text end
new text begin 125,000new text end
new text begin 125,000new text end
14.4
new text begin For nonprofit capacity-building grants new text end
14.5
new text begin under Minnesota Statutes, section 462A.21, new text end
14.6
new text begin subdivision 3b.new text end
14.7
14.8
Sec. 5. new text begin DEPARTMENT OF LABOR AND new text end
new text begin INDUSTRYnew text end
14.9
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 22,328,000new text end
new text begin $new text end
new text begin 22,328,000new text end
14.10
new text begin Appropriations by Fundnew text end
14.11
new text begin 2012new text end
new text begin 2013new text end
14.12
new text begin Generalnew text end
new text begin 800,000new text end
new text begin 800,000new text end
14.13
14.14
new text begin Workers' new text end
new text begin Compensationnew text end
new text begin 20,871,000new text end
new text begin 20,871,000new text end
14.15
14.16
new text begin Workforce new text end
new text begin Developmentnew text end
new text begin 657,000new text end
new text begin 657,000new text end
14.17
new text begin The amounts that may be spent for each new text end
14.18
new text begin purpose are specified in the following new text end
14.19
new text begin subdivisions.new text end
14.20
new text begin Subd. 2.new text end new text begin Workers' Compensationnew text end
new text begin 14,832,000new text end
new text begin 14,832,000new text end
14.21
new text begin This appropriation is from the workers' new text end
14.22
new text begin compensation fund.new text end
14.23
new text begin $200,000 each year is for grants to the new text end
14.24
new text begin Vinland Center for rehabilitation services. new text end
14.25
new text begin Grants shall be distributed as the department new text end
14.26
new text begin refers injured workers to the Vinland Center new text end
14.27
new text begin for rehabilitation services.new text end
14.28
new text begin Subd. 3.new text end new text begin Labor Standards and Apprenticeshipnew text end
new text begin 1,457,000new text end
new text begin 1,457,000new text end
14.29
new text begin Appropriations by Fundnew text end
14.30
new text begin Generalnew text end
new text begin 800,000new text end
new text begin 800,000new text end
14.31
14.32
new text begin Workforce new text end
new text begin Developmentnew text end
new text begin 657,000new text end
new text begin 657,000new text end
14.33
new text begin $657,000 each year is appropriated from new text end
14.34
new text begin the workforce development fund for the new text end
15.1
new text begin apprenticeship program under Minnesota new text end
15.2
new text begin Statutes, chapter 178.new text end
15.3
new text begin Subd. 4.new text end new text begin General Supportnew text end
new text begin 6,039,000new text end
new text begin 6,039,000new text end
15.4
new text begin This appropriation is from the workers' new text end
15.5
new text begin compensation fund.new text end
15.6
15.7
Sec. 6. new text begin BUREAU OF MEDIATION new text end
new text begin SERVICESnew text end
15.8
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 1,525,000new text end
new text begin $new text end
new text begin 1,525,000new text end
15.9
new text begin The amounts that may be spent for each new text end
15.10
new text begin purpose are specified in the following new text end
15.11
new text begin subdivisions.new text end
15.12
new text begin Subd. 2.new text end new text begin Mediation Servicesnew text end
new text begin 1,471,000new text end
new text begin 1,471,000new text end
15.13
15.14
new text begin Subd. 3.new text end new text begin Labor Management Cooperation new text end
new text begin Grantsnew text end
new text begin 54,000new text end
new text begin 54,000new text end
15.15
new text begin $54,000 each year is for grants to area labor new text end
15.16
new text begin management committees. Grants may be new text end
15.17
new text begin awarded for a 12-month period beginning new text end
15.18
new text begin July 1 each year. Any unencumbered balance new text end
15.19
new text begin remaining at the end of the first year does not new text end
15.20
new text begin cancel but is available for the second year.new text end
15.21
15.22
Sec. 7. new text begin WORKERS' COMPENSATION new text end
new text begin COURT OF APPEALSnew text end
new text begin $new text end
new text begin 1,703,000new text end
new text begin $new text end
new text begin 1,703,000new text end
15.23
new text begin This appropriation is from the workers' new text end
15.24
new text begin compensation fund. new text end
15.25
Sec. 8. new text begin BOARD OF ACCOUNTANCYnew text end
new text begin $new text end
new text begin 480,000new text end
new text begin $new text end
new text begin 480,000new text end
15.26
15.27
15.28
15.29
Sec. 9. new text begin BOARD OF ARCHITECTURE, new text end
new text begin ENGINEERING, LAND SURVEYING, new text end
new text begin LANDSCAPE ARCHITECTURE, new text end
new text begin GEOSCIENCE, AND INTERIOR DESIGNnew text end
new text begin $new text end
new text begin 774,000new text end
new text begin $new text end
new text begin 774,000new text end
15.30
15.31
Sec. 10. new text begin BOARD OF COSMETOLOGIST new text end
new text begin EXAMINERSnew text end
new text begin $new text end
new text begin 1,046,000new text end
new text begin $new text end
new text begin 1,046,000new text end
15.32
Sec. 11. new text begin BOARD OF BARBER EXAMINERSnew text end
new text begin $new text end
new text begin 257,000new text end
new text begin $new text end
new text begin 257,000new text end
16.1
16.2
Sec. 12. new text begin MINNESOTA SCIENCE AND new text end
new text begin TECHNOLOGY AUTHORITYnew text end
new text begin $new text end
new text begin 107,000new text end
new text begin $new text end
new text begin 0new text end
16.3
new text begin This is a onetime appropriation.new text end
16.4
Sec. 13. new text begin TRANSFERSnew text end
16.5
new text begin Prior to June 30, 2012, the commissioner new text end
16.6
new text begin of iron range resources shall transfer new text end
16.7
new text begin $60,000,000 from the Douglas J. Johnson new text end
16.8
new text begin Economic Protection Trust to the general new text end
16.9
new text begin fund. This is a onetime transfer.new text end
16.10
new text begin The unexpended balance, estimated to new text end
16.11
new text begin be $1,575,000, of funds collected for new text end
16.12
new text begin unemployment insurance state administration new text end
16.13
new text begin under Minnesota Statutes, section 268.18, new text end
16.14
new text begin subdivision 2, is transferred to the general new text end
16.15
new text begin fund.new text end
16.16
ARTICLE 2
16.17
ECONOMIC DEVELOPMENT AND MISCELLANEOUS PROVISIONS
16.18 Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
16.19subdivision to read:
16.20
new text begin Subd. 7.new text end new text begin Monitoring pass-through grant recipients.new text end new text begin The commissioner shall new text end
16.21
new text begin monitor the activities and outcomes of programs and services funded by legislative new text end
16.22
new text begin appropriations and administered by the department on a pass-through basis. Unless new text end
16.23
new text begin amounts are otherwise appropriated for administrative costs, the commissioner may new text end
16.24
new text begin retain up to five percent of the amount appropriated to the department for grants to new text end
16.25
new text begin pass-through entities. Amounts retained are deposited to a special revenue account and new text end
16.26
new text begin are appropriated to the commissioner for costs incurred in administering and monitoring new text end
16.27
new text begin the pass-through grants.new text end
16.28 Sec. 2. Minnesota Statutes 2010, section 116J.8737, subdivision 1, is amended to read:
16.29 Subdivision 1.
Definitions. (a) For the purposes of this section, the following terms
16.30have the meanings given.
16.31(b) "Qualified small business" means a business that has been certified by the
16.32commissioner under subdivision 2.
17.1(c) "Qualified investor" means an investor who has been certified by the
17.2commissioner under subdivision 3.
17.3(d) "Qualified fund" means a pooled angel investment network fund that has been
17.4certified by the commissioner under subdivision 4.
17.5(e) "Qualified investment" means a cash investment in a qualified small business
17.6of a minimum of:
17.7(1) $10,000 in a calendar year by a qualified investor; or
17.8(2) $30,000 in a calendar year by a qualified fund.
17.9A qualified investment must be made in exchange for common stock, a partnership
17.10or membership interest, preferred stock, debt with mandatory conversion to equity, or an
17.11equivalent ownership interest as determined by the commissioner.
17.12(f) "Family" means a family member within the meaning of the Internal Revenue
17.13Code, section 267(c)(4).
17.14(g) "Pass-through entity" means a corporation that for the applicable taxable year is
17.15treated as an S corporation or a general partnership, limited partnership, limited liability
17.16partnership, trust, or limited liability company and which for the applicable taxable year is
17.17not taxed as a corporation under chapter 290.
17.18
new text begin (h) "Intern" means a student of an accredited institution of higher education, or a new text end
17.19
new text begin former student who has graduated in the past six months from an accredited institution new text end
17.20
new text begin of higher education, who is employed by a qualified small business in a nonpermanent new text end
17.21
new text begin position for a duration of nine months or less that provides training and experience in the new text end
17.22
new text begin primary business activity of the business.new text end
17.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from January 1, 2011.new text end
17.24 Sec. 3. Minnesota Statutes 2010, section 116J.8737, subdivision 2, is amended to read:
17.25 Subd. 2.
Certification of qualified small businesses. (a) Businesses may apply
17.26to the commissioner for certification as a qualified small business for a calendar year.
17.27The application must be in the form and be made under the procedures specified by the
17.28commissioner, accompanied by an application fee of $150. Application fees are deposited
17.29in the small business investment tax credit administration account in the special revenue
17.30fund. The application for certification for 2010 must be made available on the department's
17.31Web site by August 1, 2010. Applications for subsequent years' certification must be made
17.32available on the department's Web site by November 1 of the preceding year.
17.33(b) Within 30 days of receiving an application for certification under this subdivision,
17.34the commissioner must either certify the business as satisfying the conditions required of a
17.35qualified small business, request additional information from the business, or reject the
18.1application for certification. If the commissioner requests additional information from the
18.2business, the commissioner must either certify the business or reject the application within
18.330 days of receiving the additional information. If the commissioner neither certifies the
18.4business nor rejects the application within 30 days of receiving the original application or
18.5within 30 days of receiving the additional information requested, whichever is later, then
18.6the application is deemed rejected, and the commissioner must refund the $150 application
18.7fee. A business that applies for certification and is rejected may reapply.
18.8(c) To receive certification, a business must satisfy all of the following conditions:
18.9(1) the business has its headquarters in Minnesota;
18.10(2) at least 51 percent of the business's employees are employed in Minnesota, and
18.1151 percent of the business's total payroll is paid or incurred in the state;
18.12(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
18.13in one of the following as its primary business activity:
18.14(i) using proprietary technology to add value to a product, process, or service in a
18.15qualified high-technology field;
18.16(ii) researching or developing a proprietary product, process, or service in a qualified
18.17high-technology field; or
18.18(iii) researching, developing, or producing a new proprietary technology for use in
18.19the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;
18.20(4) other than the activities specifically listed in clause (3), the business is not
18.21engaged in real estate development, insurance, banking, lending, lobbying, political
18.22consulting, information technology consulting, wholesale or retail trade, leisure,
18.23hospitality, transportation, construction, ethanol production from corn, or professional
18.24services provided by attorneys, accountants, business consultants, physicians, or health
18.25care consultants;
18.26(5) the business has fewer than 25 employees;
18.27(6) the business must pay its employees annual wages of at least 175 percent of the
18.28federal poverty guideline for the year for a family of four
new text begin and must pay its interns annual new text end
18.29
new text begin wages of at least 175 percent of the federal minimum wage used for federally covered new text end
18.30
new text begin employersnew text end , except that this requirement must be reduced proportionately for employees
18.31
new text begin and interns new text end who work less than full-time, and does not apply to an executive, officer, or
18.32member of the board of the business, or to any employee who owns, controls, or holds
18.33power to vote more than 20 percent of the outstanding securities of the business;
18.34(7) the business has not been in operation for more than ten years;
18.35(8) the business has not previously received private equity investments of more
18.36than $2,000,000
new text begin $4,000,000new text end ; and
19.1 (9) the business is not an entity disqualified under section
80A.50, paragraph (b),
19.2clause (3).
19.3(d) In applying the limit under paragraph (c), clause (5), the employees in all
19.4members of the unitary business, as defined in section
290.17, subdivision 4, must be
19.5included.
19.6(e) In order for a qualified investment in a business to be eligible for tax credits, the
19.7business must have applied for and received certification for the calendar year in which
19.8the investment was made prior to the date on which the qualified investment was made.
19.9(f) The commissioner must maintain a list of businesses certified under this
19.10subdivision for the calendar year and make the list accessible to the public on the
19.11department's Web site.
19.12(g) For purposes of this subdivision, the following terms have the meanings given:
19.13(1) "qualified high-technology field" includes aerospace, agricultural processing,
19.14renewable energy, energy efficiency and conservation, environmental engineering, food
19.15technology, cellulosic ethanol, information technology, materials science technology,
19.16nanotechnology, telecommunications, biotechnology, medical device products,
19.17pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
19.18fields; and
19.19(2) "proprietary technology" means the technical innovations that are unique and
19.20legally owned or licensed by a business and includes, without limitation, those innovations
19.21that are patented, patent pending, a subject of trade secrets, or copyrighted.
19.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from January 1, 2011.new text end
19.23 Sec. 4. Minnesota Statutes 2010, section 116J.8737, subdivision 4, is amended to read:
19.24 Subd. 4.
Certification of qualified funds. (a) A pass-through entity may apply to
19.25the commissioner for certification as a qualified fund for a calendar year. The application
19.26must be in the form and be made under the procedures specified by the commissioner,
19.27accompanied by an application fee of $1,000. Application fees are deposited in the small
19.28business investment tax credit administration account in the special revenue fund. The
19.29application for certification for 2010 of qualified funds must be made available on the
19.30department's Web site by August 1, 2010. Applications for subsequent years' certification
19.31must be made available by November 1 of the preceding year.
19.32(b) Within 30 days of receiving an application for certification under this subdivision,
19.33the commissioner must either certify the fund as satisfying the conditions required of a
19.34qualified fund, request additional information from the fund, or reject the application
19.35for certification. If the commissioner requests additional information from the fund,
20.1the commissioner must either certify the fund or reject the application within 30 days
20.2of receiving the additional information. If the commissioner neither certifies the fund
20.3nor rejects the application within 30 days of receiving the original application or within
20.430 days of receiving the additional information requested, whichever is later, then the
20.5application is deemed rejected, and the commissioner must refund the $1,000 application
20.6fee. A fund that applies for certification and is rejected may reapply.
20.7(c) To receive certification, a fund must:
20.8(1) invest or intend to invest in qualified small businesses;
20.9(2) be organized as a pass-through entity; and
20.10(3) have at least three separate investors, all of whom
new text begin at least three whose investment new text end
20.11
new text begin is made in the certified business and who seek a tax credit allocation new text end satisfy the conditions
20.12in subdivision 3, paragraph (c).
20.13(d) Investments in the fund may consist of equity investments or notes that pay
20.14interest or other fixed amounts, or any combination of both.
20.15(e) In order for a qualified investment in a qualified small business to be eligible for
20.16tax credits, a qualified fund that makes the investment must have applied for and received
20.17certification for the calendar year prior to making the qualified investment.
20.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective retroactively from January 1, 2011.new text end
20.19 Sec. 5. Minnesota Statutes 2010, section 116L.3625, is amended to read:
20.20
116L.3625 ADMINISTRATIVE COSTS.
20.21The commissioner may use up to five percent of the biennial appropriation for
20.22Youthbuild from the general fund to pay costs incurred by the department in administering
20.23Youthbuild during the biennium.
20.24 Sec. 6. Minnesota Statutes 2010, section 116L.62, is amended to read:
20.25
116L.62 DISTRIBUTION AND USE OF STATE MONEY.
20.26The commissioner shall distribute the money appropriated for:
20.27(a) comprehensive job training and related services or job opportunities programs
20.28for economically disadvantaged, unemployed, and underemployed individuals, including
20.29persons of limited English speaking ability, through opportunities industrialization
20.30centers; and
20.31(b) the establishment and operation in Minnesota of these centers.
21.1
new text begin The commissioner may use up to five percent of the appropriation for opportunities new text end
21.2
new text begin industrialization center programs to pay costs incurred by the department in administering new text end
21.3
new text begin the programs.new text end
21.4Comprehensive job training and related services include: recruitment, counseling,
21.5remediation, motivational prejob training, vocational training, job development, job
21.6placement, and other appropriate services enabling individuals to secure and retain
21.7employment at their maximum capacity.
21.8 Sec. 7. Minnesota Statutes 2010, section 154.06, is amended to read:
21.9
154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
21.10
REGISTERED APPRENTICE.
21.11
new text begin Subdivision 1.new text end new text begin Qualifications; duration or registration.new text end new text begin (a) new text end A person is qualified
21.12to receive a certificate of registration as a registered apprentice:
21.13(1) who has completed at least ten grades of an approved school;
21.14(2) who has graduated from a barber school approved by the board; and
21.15(3) who has passed an examination conducted by the board to determine fitness to
21.16practice as a registered apprentice.
21.17
new text begin (b) new text end An applicant for a certificate of registration to practice as an apprentice who fails
21.18to pass the examination conducted by the board is required to complete a further course
21.19of study of at least 500 hours, of not more than eight hours in any one working day,
21.20in a barber school approved by the board.
21.21
new text begin (c) new text end A certificate of registration of an apprentice shall be valid for four years from the
21.22date the certificate of registration is issued by the board and shall not be renewed. During
21.23the four-year period the certificate of registration shall remain in full force and effect only
21.24if the apprentice complies with all the provisions of sections
154.001,
154.002,
154.003,
21.25154.01
to
154.161,
154.19 to
154.21, and
154.24 to
154.26, including the payment of
21.26an annual fee, and the rules of the board.
21.27
new text begin Subd. 2.new text end new text begin Limited extension of registration.new text end new text begin (a) new text end If a registered apprentice, during
21.28the term in which the certificate of registration is in effect, enters full-time active duty in
21.29the armed forces of the United States of America, the expiration date of the certificate
21.30of registration shall be extended by a period of time equal to the period or periods of
21.31active duty.
21.32
new text begin (b) The expiration date of a certificate issued to a person while incarcerated shall be new text end
21.33
new text begin extended once so that it expires four years from the date of first release from a correctional new text end
21.34
new text begin facility after the person becomes a registered apprentice. This paragraph applies when a new text end
21.35
new text begin person graduates from a barber school approved by the board and is issued a certificate of new text end
22.1
new text begin registration while incarcerated by the Department of Corrections or the Federal Bureau new text end
22.2
new text begin of Prisons.new text end
22.3 Sec. 8. Minnesota Statutes 2010, section 154.065, subdivision 2, is amended to read:
22.4 Subd. 2.
Qualifications. A person is qualified to receive a certificate of registration
22.5as an instructor of barbering who:
22.6(1) is a graduate from an approved high school, or its equivalent, as determined by
22.7examination by the Department of Education;
22.8(2) has qualified for a teacher's or instructor's vocational certificate;
new text begin successfully new text end
22.9
new text begin completed instructor barber training from a board-approved program of not less than new text end
22.10
new text begin 40 clock hours, or completed a college or university program resulting in a technical new text end
22.11
new text begin or vocational education certificate or its equivalent, issued by an accredited college or new text end
22.12
new text begin university and approved by the board;new text end
22.13(3)
new text begin is currently a registered barber in this state and new text end has at least three years experience
22.14as a registered barber in this state, or its equivalent as determined by the board; and
22.15(4) has passed an examination conducted by the board to determine fitness to
22.16instruct in barbering.
22.17A certificate of registration under this section is provisional until a teacher's or
22.18instructor's vocational certificate has been issued by the Department of Education. A
22.19provisional certificate of registration is valid for 30 days and is not renewable.
22.20 Sec. 9. Minnesota Statutes 2010, section 154.08, is amended to read:
22.21
154.08 APPLICATION; FEE.
22.22Each applicant for an examination shall:
22.23(1) make application to the Board of Barber Examiners on blank forms prepared and
22.24furnished by it, the application to contain proof under the applicant's oath of the particular
22.25qualifications
new text begin and identity new text end of the applicant;
22.26(2) furnish to the board two five-inch x three-inch signed photographs of the
22.27applicant, one to accompany the application and one to be returned to the applicant,
22.28to be presented to the board when the applicant appears for examination;
new text begin present a new text end
22.29
new text begin government-issued picture identification as proof of identity when the applicant appears new text end
22.30
new text begin for examination; new text end and
22.31(3) pay to the board the required fee.
22.32 Sec. 10. Minnesota Statutes 2010, section 154.11, subdivision 1, is amended to read:
23.1 Subdivision 1.
Examination of nonresidents. A person who meets all of the
23.2requirements for barber registration in sections
154.001,
154.002,
154.003,
154.01 to
23.3154.161
,
154.19 to
154.21, and
154.24 to
154.26 and either has a license, certificate
23.4of registration, or an equivalent as a practicing barber or instructor of barbering from
23.5another state or country which in the discretion of the board has substantially the same
23.6requirements for registering barbers and instructors of barbering as required by sections
23.7154.001
,
154.002,
154.003,
154.01 to
154.161,
154.19 to
154.21, and
154.24 to
154.26 or
23.8can prove by sworn affidavits practice as a barber or instructor of barbering in another
23.9state or country for at least five years immediately prior to making application in this state,
23.10shall, upon payment of the required fee, be issued a certificate of registration without
23.11examination, provided that the other state or country grants the same privileges to holders
23.12of Minnesota certificates of registration.
23.13 Sec. 11. Minnesota Statutes 2010, section 154.12, is amended to read:
23.14
154.12 EXAMINATION OF NONRESIDENT APPRENTICES.
23.15A person who meets all of the requirements for registration as a barber in sections
23.16154.001
,
154.002,
154.003,
154.01 to
154.161,
154.19 to
154.21, and
154.24 to
154.26 and
23.17who has a license, a certificate of registration, or its equivalent as an apprentice in a state
23.18or country which in the discretion of the board has substantially the same requirements for
23.19registration as an apprentice as is provided by sections
154.001,
154.002,
154.003,
154.01
23.20to
154.161,
154.19 to
154.21, and
154.24 to
154.26, shall, upon payment of the required
23.21fee, be issued a certificate of registration without examination, provided that the other state
23.22or country grants the same privileges to holders of Minnesota certificates of registration.
23.23 Sec. 12. Minnesota Statutes 2010, section 268.18, subdivision 2, is amended to read:
23.24 Subd. 2.
Overpayment because of fraud. (a) Any applicant who receives
23.25unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose
23.26any material fact, or who makes a false statement or representation without a good faith
23.27belief as to the correctness of the statement or representation, has committed fraud. After
23.28the discovery of facts indicating fraud, the commissioner must make a determination
23.29that the applicant obtained unemployment benefits by fraud and that the applicant must
23.30promptly repay the unemployment benefits to the trust fund. In addition, the commissioner
23.31must assess a penalty equal to 40 percent of the amount fraudulently obtained. This
23.32penalty is in addition to penalties under section
268.182.
23.33 (b) Unless the applicant files an appeal within 20 calendar days after the sending
23.34of the determination of overpayment by fraud to the applicant by mail or electronic
24.1transmission, the determination is final. Proceedings on the appeal are conducted in
24.2accordance with section
268.105.
24.3 (c) If the applicant fails to repay the unemployment benefits, penalty, and interest
24.4assessed, the total due may be collected by the methods allowed under state and federal
24.5law. A determination of overpayment by fraud must state the methods of collection the
24.6commissioner may use to recover the overpayment. Money received in repayment of
24.7fraudulently obtained unemployment benefits, penalties, and interest is first applied to the
24.8unemployment benefits overpaid, then to the penalty amount due, then to any interest due.
24.962.5 percent of the Payments made toward the penalty are credited to the contingent
24.10account and 37.5 percent credited to the administration account.
24.11 (d) If an applicant has been overpaid unemployment benefits under the law of
24.12another state because of fraud and that state certifies that the applicant is liable to repay
24.13the unemployment benefits and requests the commissioner to recover the overpayment,
24.14the commissioner may offset from future unemployment benefits otherwise payable the
24.15amount of overpayment.
24.16 (e) Unemployment benefits paid for weeks more than four years before the date of a
24.17determination of overpayment by fraud issued under this subdivision are not considered
24.18overpaid unemployment benefits.
24.19 Sec. 13. Minnesota Statutes 2010, section 268.18, subdivision 2b, is amended to read:
24.20 Subd. 2b.
Interest. (a) On any unemployment benefits fraudulently obtained, and
24.21any penalty amounts assessed under subdivision 2, the commissioner must assess interest
24.22at the rate of 1-1/2 percent per month on any amount that remains unpaid beginning
24.2330 calendar days after the date of the determination of overpayment by fraud. A
24.24determination of overpayment by fraud must state that interest will be assessed.
24.25 (b) If the determination did not state that interest will be assessed, interest is assessed
24.26beginning 30 calendar days after notification, by mail or electronic transmission, to the
24.27applicant that interest is now assessed.
24.28 (c) Interest payments under this section are credited to the administration
new text begin contingentnew text end
24.29account.
24.30 Sec. 14. Minnesota Statutes 2010, section 268.199, is amended to read:
24.31
268.199 CONTINGENT ACCOUNT.
24.32 (a) There is created in the state treasury a special account, to be known as the
24.33contingent account, that does not lapse nor revert to any other fund or account. This
24.34account consists of all money collected under this chapter that is required to be placed
25.1in this account and any interest earned on the account. All money in this account is
25.2appropriated and available for administration of the Minnesota unemployment insurance
25.3program unless otherwise appropriated by session law.
25.4 (b) All money in this account must be deposited, administered, and disbursed in the
25.5same manner and under the same conditions and requirements as is provided by law for
25.6the other special accounts in the state treasury.
25.7
new text begin (c) Beginning in fiscal year 2012 and each fiscal year thereafter, all money in the new text end
25.8
new text begin account shall be transferred to the general fund before the closing of the fiscal year.new text end
25.9 Sec. 15. Minnesota Statutes 2010, section 298.17, is amended to read:
25.10
298.17 OCCUPATION TAXES TO BE APPORTIONED.
25.11All occupation taxes paid by persons, copartnerships, companies, joint stock
25.12companies, corporations, and associations, however or for whatever purpose organized,
25.13engaged in the business of mining or producing iron ore or other ores, when collected
25.14shall be apportioned and distributed in accordance with the Constitution of the state of
25.15Minnesota, article X, section 3, in the manner following: 90 percent shall be deposited
25.16in the state treasury and credited to the general fund of which four-ninths shall be used
25.17for the support of elementary and secondary schools; and ten percent of the proceeds of
25.18the tax imposed by this section shall be deposited in the state treasury and credited to the
25.19general fund for the general support of the university. Of the moneys apportioned to the
25.20general fund by this section there is annually appropriated and credited to the Iron Range
25.21Resources and Rehabilitation Board account in the special revenue fund an amount equal
25.22to that which would have been generated by a 1.5 cent tax imposed by section
on
25.23each taxable ton produced in the preceding calendar year, to be expended for the purposes
25.24of section
. The money appropriated pursuant to this section shall be used (1)
25.25to provide environmental development grants to local governments located within any
25.26county in region 3 as defined in governor's executive order number 60, issued on June
25.2712, 1970, which does not contain a municipality qualifying pursuant to section
273.134,
25.28paragraph (b)
, or (2) to provide economic development loans or grants to businesses
25.29located within any such county, provided that the county board or an advisory group
25.30appointed by the county board to provide recommendations on economic development
25.31shall make recommendations to the Iron Range Resources and Rehabilitation Board
25.32regarding the loans. Payment to the Iron Range Resources and Rehabilitation Board
25.33account shall be made by May 15 annually.
25.34Of the money allocated to Koochiching County, one-third must be paid to the
25.35Koochiching County Economic Development Commission.
26.1 Sec. 16. Minnesota Statutes 2010, section 341.321, is amended to read:
26.2
341.321 FEE SCHEDULE.
26.3 (a) The fee schedule for professional licenses issued by the commission is as follows:
26.4 (1) referees, $25
new text begin $45new text end for each initial license and each renewal;
26.5 (2) promoters, $400 for each initial license and each renewal;
26.6 (3) judges and knockdown judges, $25
new text begin $45new text end for each initial license and each renewal;
26.7 (4) trainers, $25
new text begin $45new text end for each initial license and each renewal;
26.8 (5) ring announcers, $25
new text begin $45new text end for each initial license and each renewal;
26.9 (6) seconds, $25
new text begin $45new text end for each initial license and each renewal;
26.10 (7) timekeepers, $25
new text begin $45new text end for each initial license and each renewal;
26.11 (8) combatants, $25
new text begin $45new text end for each initial license and each renewal;
26.12 (9) managers, $25
new text begin $45new text end for each initial license and each renewal; and
26.13 (10) ringside physicians, $25
new text begin $45new text end for each initial license and each renewal.
26.14In addition to the license fee and the late filing penalty fee in section
341.32, subdivision
26.152, if applicable, an individual who applies for a combatant
new text begin professionalnew text end license on the
26.16same day the combative sporting event is held shall pay a
new text begin late new text end fee of $100
new text begin plus the original new text end
26.17
new text begin license fee of $45 new text end at the time the application is submitted.
26.18 (b) The fee schedule for amateur licenses issued by the commission is as follows:
26.19 (1) referees, $10
new text begin $45new text end for each initial license and each renewal;
26.20 (2) promoters, $100
new text begin $400new text end for each initial license and each renewal;
26.21 (3) judges and knockdown judges, $10
new text begin $45new text end for each initial license and each renewal;
26.22 (4) trainers, $10
new text begin $45new text end for each initial license and each renewal;
26.23 (5) ring announcers, $10
new text begin $45new text end for each initial license and each renewal;
26.24 (6) seconds, $10
new text begin $45new text end for each initial license and each renewal;
26.25 (7) timekeepers, $10
new text begin $45new text end for each initial license and each renewal;
26.26 (8) combatant, $10
new text begin $25new text end for each initial license and each renewal;
26.27 (9) managers, $10
new text begin $45new text end for each initial license and each renewal; and
26.28 (10) ringside physicians, $10
new text begin $45new text end for each initial license and each renewal.
26.29 (c) The commission shall establish a contest fee for each combative sport contest.
26.30The
new text begin professional combative sportnew text end contest fee is $1,500 per event or not more than four
26.31percent of the gross ticket sales
new text begin , whichever is greater,new text end as determined by the commission
26.32when the combative sport contest is scheduled, except that the amateur combative sport
26.33contest fee shall be $150
new text begin $500 or not more than four percent of the gross ticket sales, new text end
26.34
new text begin whichever is greaternew text end . The commission shall consider the size and type of venue when
26.35establishing a contest fee. The commission may establish the maximum number of
27.1complimentary tickets allowed for each event by rule. An
new text begin A professional ornew text end amateur
27.2combative sport contest fee is nonrefundable.
27.3 (d) All fees and penalties collected by the commission must be deposited in the
27.4commission account in the special revenue fund.
27.5 Sec. 17. Laws 2009, chapter 78, article 1, section 18, is amended to read:
27.6
27.7
Sec. 18. COMBATIVE SPORTS
COMMISSION
$
80,000
$
80,000
27.8This is a onetime appropriation. The
27.9Combative Sports Commission expires on
27.10July 1, 2011, unless the commissioner of
27.11finance determines that the commission's
27.12projected expenditures for the fiscal biennium
27.13ending June 30, 2013, will not exceed the
27.14commission's projected revenues for the
27.15fiscal biennium ending June 30, 2013, from
27.16fees and penalties authorized in Minnesota
27.17Statutes 2008, chapter 341.
27.18
ARTICLE 3
27.19
LABOR AND INDUSTRY
27.20 Section 1. Minnesota Statutes 2010, section 181.723, subdivision 5, is amended to read:
27.21 Subd. 5.
Application. To obtain an independent contractor exemption certificate,
27.22the individual must submit, in the manner prescribed by the commissioner, a complete
27.23application and the certificate fee required under subdivision 14.
27.24 (a) A complete application must include all of the following information:
27.25 (1) the individual's full name;
27.26 (2) the individual's residence address and telephone number;
27.27 (3) the individual's business name, address, and telephone number;
27.28 (4) the services for which the individual is seeking an independent contractor
27.29exemption certificate;
27.30 (5) the individual's Social Security number;
27.31 (6) the individual's or the individual's business federal employer identification
27.32number, if a number has been issued to the individual or the individual's business;
28.1 (7) any information or documentation that the commissioner requires by rule that
28.2will assist the department in determining whether to grant or deny the individual's
28.3application; and
28.4 (8) the individual's sworn statement that the individual meets all of the following
28.5conditions:
28.6 (i) maintains a separate business with the individual's own office, equipment,
28.7materials, and other facilities;
28.8 (ii) holds or has applied for a federal employer identification number or has filed
28.9business or self-employment income tax returns with the federal Internal Revenue Service
28.10if the person has performed services in the previous year for which the individual is
28.11seeking the independent contractor exemption certificate;
28.12 (iii) operates under contracts to perform specific services for specific amounts of
28.13money and under which the individual controls the means of performing the services;
28.14 (iv) incurs the main expenses related to the service that the individual performs
28.15under contract;
28.16 (v) is responsible for the satisfactory completion of services that the individual
28.17contracts to perform and is liable for a failure to complete the service;
28.18 (vi) receives compensation for service performed under a contract on a commission
28.19or per-job or competitive bid basis and not on any other basis;
28.20 (vii) may realize a profit or suffer a loss under contracts to perform service;
28.21 (viii) has continuing or recurring business liabilities or obligations; and
28.22 (ix) the success or failure of the individual's business depends on the relationship of
28.23business receipts to expenditures.
28.24 (b) Individuals who are applying for or renewing a residential building contractor or
28.25residential remodeler license under sections
326B.197, 326B.802, 326B.805, 326B.81,
28.26326B.815, 326B.821
to
326B.86, 326B.87 to
326B.885, and
327B.041, and any rules
28.27promulgated pursuant thereto, may simultaneously apply for or renew an independent
28.28contractor exemption certificate. The commissioner shall create an application form
28.29that allows for the simultaneous application for both a residential building contractor
28.30or residential remodeler license and an independent contractor exemption certificate.
28.31If individuals simultaneously apply for or renew a residential building contractor or
28.32residential remodeler license and an independent contractor exemption certificate using
28.33the form created by the commissioner, individuals shall only be required to provide, in
28.34addition to the information required by section
326B.83 and rules promulgated pursuant
28.35thereto, the sworn statement required by paragraph (a), clause (8), and any additional
28.36information required by this subdivision that is not also required by section
326B.83
29.1and any rules promulgated thereto. When individuals submit a simultaneous application
29.2on the form created by the commissioner for both a residential building contractor or
29.3residential remodeler license and an independent contractor exemption certificate, the
29.4application fee shall be $150. An independent contractor exemption certificate that is in
29.5effect before March 1, 2009, shall remain in effect until March 1, 2013, unless revoked by
29.6the commissioner or canceled by the individual.
29.7 (c) Within 30 days of receiving a complete application and the certificate fee, the
29.8commissioner must either grant or deny the application. The commissioner may deny
29.9an application for an independent contractor exemption certificate if the individual has
29.10not submitted a complete application and certificate fee or if the individual does not
29.11meet all of the conditions for holding the independent contractor exemption certificate.
29.12The commissioner may revoke an independent contractor exemption certificate if the
29.13commissioner determines that the individual no longer meets all of the conditions for
29.14holding the independent contractor exemption certificate, commits any of the actions
29.15set out in subdivision 7, or fails to cooperate with a department investigation into the
29.16continued validity of the individual's certificate. Once issued, an independent contractor
29.17exemption certificate remains in effect for four years unless:
29.18 (1) revoked by the commissioner; or
29.19 (2) canceled by the individual.
29.20 (d) If the department denies an individual's original or renewal application for
29.21an independent contractor exemption certificate or revokes an independent contractor
29.22exemption certificate, the commissioner shall issue to the individual an order denying or
29.23revoking the certificate. The commissioner may issue an administrative penalty order to
29.24an individual or person who commits any of the actions set out in subdivision 7.
new text begin The new text end
29.25
new text begin commissioner may file and enforce the unpaid portion of a penalty as a judgment in new text end
29.26
new text begin district court without further notice or additional proceedings.new text end
29.27 (e) An individual or person to whom the commissioner issues an order under
29.28paragraph (d) shall have 30 days after service of the order to request a hearing. The
29.29request for hearing must be in writing and must be served on or faxed to the commissioner
29.30at the address or facsimile number specified in the order by the 30th day after service of
29.31the order. If the individual does not request a hearing or if the individual's request for a
29.32hearing is not served on or faxed to the commissioner by the 30th day after service of the
29.33order, the order shall become a final order of the commissioner and will not be subject to
29.34review by any court or agency. The date on which a request for hearing is served by mail
29.35shall be the postmark date on the envelope in which the request for hearing is mailed. If
30.1the individual serves or faxes a timely request for hearing, the hearing shall be a contested
30.2case hearing and shall be held in accordance with chapter 14.
30.3 Sec. 2. Minnesota Statutes 2010, section 182.6553, subdivision 6, is amended to read:
30.4 Subd. 6.
Enforcement. This section shall be enforced by the commissioner under
30.5section
new text begin sections 182.66 andnew text end
182.661. A violation of this section is subject to the penalties
30.6provided under section
182.666.
30.7 Sec. 3. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
30.8 Subd. 2.
Deposits. Unless otherwise specifically designated by law: (1) all money
30.9collected under sections
144.122, paragraph (f);
181.723;
new text begin 326B.092 to 326B.096; new text end
30.10326B.101
to
326B.194;
326B.197;
326B.32 to
326B.399;
326B.43 to
326B.49;
326B.52
30.11to
326B.59;
326B.802 to
326B.885;
326B.90 to
326B.998;
327.31 to
327.36; and
30.12327B.01
to
327B.12, except penalties, is credited to the construction code fund; (2) all
30.13fees collected under section
new text begin sections 326B.098 to 326B.099new text end in connection with
30.14continuing education for residential contractors, residential remodelers, and residential
30.15roofers
new text begin any license, registration, or certificate issued pursuant to this chapter new text end are credited
30.16to the construction code fund; and (3) all penalties assessed under the sections set forth
30.17in clauses (1) and (2) and all penalties assessed under sections
144.99 to
144.993 in
30.18connection with any violation of sections
326B.43 to
326B.49 or
326B.52 to
326B.59 or
30.19the rules adopted under those sections are credited to the assigned risk safety account
30.20established by section
79.253.
30.21 Sec. 4. Minnesota Statutes 2010, section 326B.091, is amended to read:
30.22
326B.091 DEFINITIONS.
30.23 Subdivision 1.
Applicability. For purposes of sections
326B.091 to
new text begin new text end
30.24
new text begin 326B.099new text end , the terms defined in this section have the meanings given them.
30.25 Subd. 2.
Applicant. "Applicant" means a person who has submitted to the
30.26department an application for a
new text begin an initial or renewal new text end license.
30.27 Subd. 3.
License. "License" means any registration, certification, or other form
30.28of approval authorized by this chapter 326B and chapter 327B to be issued by the
30.29commissioner or department as a condition of doing business or conducting a trade,
30.30profession, or occupation in Minnesota. License includes specifically but not exclusively
30.31an authorization issued by the commissioner or department: to perform electrical work,
30.32plumbing or water conditioning work, high pressure piping work, or residential building
31.1work of a residential contractor, residential remodeler, or residential roofer; to install
31.2manufactured housing; to serve as a building official; or to operate a boiler or boat.
31.3 Subd. 4.
Licensee. "Licensee" means the person named on the license as the person
31.4authorized to do business or conduct the trade, profession, or occupation in Minnesota.
31.5 Subd. 5.
Notification date. "Notification date" means the date of the written
31.6notification from the department to an applicant that the applicant is qualified to take the
31.7examination required for licensure.
31.8
new text begin Subd. 5b.new text end new text begin Qualifying individual.new text end new text begin "Qualifying individual" means the individual new text end
31.9
new text begin responsible for obtaining continuing education on behalf of a residential building new text end
31.10
new text begin contractor, residential remodeler, or residential roofer licensed pursuant to sections new text end
31.11
new text begin 326B.801 to 326B.885.new text end
31.12 Subd. 6.
Renewal deadline. "Renewal deadline," when used with respect to a
31.13license, means 30 days before the date that the license expires.
31.14 Sec. 5. Minnesota Statutes 2010, section 326B.098, is amended to read:
31.15
326B.098 CONTINUING EDUCATION.
31.16 Subdivision 1.
Applicabilitynew text begin Department seminarsnew text end . This section applies to
31.17seminars offered by the department for the purpose of allowing
new text begin enablingnew text end licensees to meet
31.18continuing education requirements for license renewal.
31.19 Subd. 2.
Rescheduling. An individual who is registered with the department to
31.20attend a seminar may reschedule one time only, to attend the same seminar on a date
31.21within one year after the date of the seminar the individual was registered to attend.
31.22 Subd. 3.
Fees nonrefundable. All seminar fees paid to the department are
31.23nonrefundable except for any overpayment of fees
new text begin or if the department cancels the seminarnew text end .
31.24 Sec. 6.
new text begin [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT new text end
31.25
new text begin SEMINARS.new text end
31.26
new text begin This section applies to seminars that are offered by an entity other than the new text end
31.27
new text begin department for the purpose of enabling licensees to meet continuing education new text end
31.28
new text begin requirements for license renewal.new text end
31.29 Sec. 7. Minnesota Statutes 2010, section 326B.13, subdivision 8, is amended to read:
31.30 Subd. 8.
Effective date of rules. A rule to adopt or amend the State Building Code
31.31is effective 180 days after the filing of the rule with the secretary of state under section
31.32 or
new text begin publication of the rule's notice of adoption in the State Registernew text end . The rule
31.33may provide for a later effective date. The rule may provide for an earlier effective date
32.1if the commissioner or board proposing the rule finds that an earlier effective date is
32.2necessary to protect public health and safety after considering, among other things, the
32.3need for time for training of individuals to comply with and enforce the rule.
32.4 Sec. 8. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
32.5 Subdivision 1.
Computation. To defray the costs of administering sections
32.6326B.101
to
326B.194, a surcharge is imposed on all permits issued by municipalities in
32.7connection with the construction of or addition or alteration to buildings and equipment or
32.8appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
32.9receipts to award grants for code research and development and education.
32.10 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
32.11one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
32.1230, 2011
new text begin 2013new text end , the permit surcharge is equivalent to one-half mill (.0005) of the fee or $5,
32.13whichever amount is greater. For all other permits, the surcharge is as follows:
32.14 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
32.15surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
32.16or alteration;
32.17 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
32.18mill (.0004) of the value between $1,000,000 and $2,000,000;
32.19 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
32.20mill (.0003) of the value between $2,000,000 and $3,000,000;
32.21 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
32.22mill (.0002) of the value between $3,000,000 and $4,000,000;
32.23 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
32.24mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.25 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
32.26mill (.00005) of the value that exceeds $5,000,000.
32.27 Sec. 9. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
32.28to read:
32.29
new text begin Subd. 1b.new text end new text begin Backflow prevention rebuilder. new text end new text begin A "backflow prevention rebuilder" is an new text end
32.30
new text begin individual who is qualified by training prescribed by the Plumbing Board and possesses new text end
32.31
new text begin a master or journeyman plumber's license to engage in the testing, maintenance, and new text end
32.32
new text begin rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by new text end
32.33
new text begin the plumbing code.new text end
33.1 Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a
33.2subdivision to read:
33.3
new text begin Subd. 1c.new text end new text begin Backflow prevention tester. new text end new text begin A "backflow prevention tester" is an new text end
33.4
new text begin individual who is qualified by training prescribed by the Plumbing Board to engage in new text end
33.5
new text begin the testing of reduced pressure zone type backflow prevention assemblies as regulated by new text end
33.6
new text begin the plumbing code. new text end
33.7 Sec. 11. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
33.8 Subd. 8.
Plumbing contractor. "Plumbing contractor" means a licensed contractor
33.9whose responsible licensed plumber
new text begin individualnew text end is a licensed master plumber.
33.10 Sec. 12. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
33.11 Subd. 9.
Responsible licensed plumbernew text begin individualnew text end . A contractor's "responsible
33.12licensed plumber
new text begin individualnew text end " means the licensed master plumber or licensed restricted
33.13master plumber designated in writing by the contractor in the contractor's license
33.14application, or in another manner acceptable to the commissioner, as the individual
33.15responsible for the contractor's compliance with sections
326B.41 to
326B.49, all rules
33.16adopted under these sections and sections
326B.50 to
326B.59, and all orders issued
33.17under section
326B.082.
33.18 Sec. 13. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
33.19 Subd. 10.
Restricted plumbing contractor. "Restricted plumbing contractor"
33.20means a licensed contractor whose responsible licensed plumber
new text begin individualnew text end is a licensed
33.21restricted master plumber.
33.22 Sec. 14. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
33.23 Subd. 2.
Powers; duties; administrative support. (a) The board shall have the
33.24power to:
33.25 (1) elect its chair, vice-chair, and secretary;
33.26 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
33.27and containing such other provisions as may be useful and necessary for the efficient
33.28conduct of the business of the board;
33.29 (3) adopt the plumbing code that must be followed in this state and any plumbing
33.30code amendments thereto. The plumbing code shall include the minimum standards
33.31described in sections
326B.43, subdivision 1, and
326B.52, subdivision 1. The board
34.1shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
34.2as provided in subdivision 6, paragraphs (b), (c), and (d);
34.3 (4) review requests for final interpretations and issue final interpretations as provided
34.4in section
326B.127, subdivision 5;
34.5 (5) adopt rules that regulate the licensure
new text begin , certification,new text end or registration of plumbing
34.6contractors, journeymen, unlicensed individuals, master plumbers, restricted master
34.7plumbers, restricted journeymen,
new text begin restricted plumbing contractors, backflow prevention new text end
34.8
new text begin rebuilders and testers,new text end water conditioning contractors, and water conditioning installers,
34.9and other persons engaged in the design, installation, and alteration of plumbing systems
34.10or engaged in or working at the business of water conditioning installation or service,
new text begin or new text end
34.11
new text begin engaged in or working at the business of medical gas system installation, maintenance, or new text end
34.12
new text begin repair,new text end except for those individuals licensed under section
326.02, subdivisions 2 and 3.
34.13The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
34.146, paragraphs (e) and (f);
34.15(6) adopt rules that regulate continuing education for individuals licensed as master
34.16plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
34.17plumbers, water conditioning contractors, and water conditioning installers
new text begin , and for new text end
34.18
new text begin individuals certified under sections 326B.437 and 326B.438new text end . The board shall adopt these
34.19rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
34.20 (7) refer complaints or other communications to the commissioner, whether oral or
34.21written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
34.22order that the commissioner has the authority to enforce pertaining to code compliance,
34.23licensure, or an offering to perform or performance of unlicensed plumbing services;
34.24 (8) approve per diem and expenses deemed necessary for its members as provided in
34.25subdivision 3;
34.26 (9) approve license reciprocity agreements;
34.27 (10) select from its members individuals to serve on any other state advisory council,
34.28board, or committee; and
34.29 (11) recommend the fees for licenses
new text begin , registrations, new text end and certifications.
34.30Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
34.31Board of High Pressure Piping Systems, the commissioner of labor and industry shall
34.32administer and enforce the provisions of this chapter and any rules promulgated pursuant
34.33thereto.
34.34 (b) The board shall comply with section
15.0597, subdivisions 2 and 4.
34.35 (c) The commissioner shall coordinate the board's rulemaking and recommendations
34.36with the recommendations and rulemaking conducted by the other boards created pursuant
35.1to this chapter. The commissioner shall provide staff support to the board. The support
35.2includes professional, legal, technical, and clerical staff necessary to perform rulemaking
35.3and other duties assigned to the board. The commissioner of labor and industry shall
35.4supply necessary office space and supplies to assist the board in its duties.
35.5 Sec. 15.
new text begin [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION new text end
35.6
new text begin REBUILDERS AND TESTERS.new text end
35.7
new text begin (a) No person shall perform or offer to perform the installation, maintenance, repair, new text end
35.8
new text begin replacement, or rebuilding of reduced pressure zone backflow prevention assemblies new text end
35.9
new text begin unless the person obtains a plumbing contractor's license. An individual shall not engage new text end
35.10
new text begin in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow new text end
35.11
new text begin prevention assemblies, as regulated by the Plumbing Code, unless the individual is new text end
35.12
new text begin certified by the commissioner as a backflow prevention rebuilder.new text end
35.13
new text begin (b) An individual shall not engage in testing of a reduced pressure zone backflow new text end
35.14
new text begin prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a new text end
35.15
new text begin backflow prevention rebuilder certificate or is certified by the commissioner as a backflow new text end
35.16
new text begin prevention tester.new text end
35.17
new text begin (c) Certificates are issued for an initial period of two years and must be renewed new text end
35.18
new text begin every two years thereafter for as long as the certificate holder installs, maintains, repairs, new text end
35.19
new text begin rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes new text end
35.20
new text begin of calculating fees under section 326B.092, an initial or renewed backflow prevention new text end
35.21
new text begin rebuilder or tester certificate shall be considered an entry level license.new text end
35.22
new text begin (d) The Plumbing Board shall adopt expedited rules under section 14.389 that are new text end
35.23
new text begin related to the certification of backflow prevention rebuilders and backflow prevention new text end
35.24
new text begin testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the new text end
35.25
new text begin 18-month limitation under section 14.125, this authority expires on December 31, 2014.new text end
35.26
new text begin (e) The department shall recognize certification programs that are a minimum of 16 new text end
35.27
new text begin contact hours and include the passage of an examination. The examination must consist of new text end
35.28
new text begin a practical and a written component. This paragraph expires when the Plumbing Board new text end
35.29
new text begin adopts rules under paragraph (d).new text end
35.30 Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:
35.31
326B.438 MEDICAL GAS SYSTEMS.
35.32 Subdivision 1.
Definitions. (a) For the purposes of this section, the terms defined in
35.33this subdivision have the meanings given them.
36.1 (b) "Medical gas" means medical gas as defined under the National Fire Protection
36.2Association NFPA 99C Standard on Gas and Vacuum Systems.
36.3 (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
36.4system as defined under the National Fire Protection Association NFPA 99C Standard on
36.5Gas and Vacuum Systems.
36.6 Subd. 2.
License and certification required. A
new text begin No new text end person
new text begin shall perform or offer new text end
36.7
new text begin to perform the installation, maintenance, or repair of medical gas systems unless the new text end
36.8
new text begin person obtains a contractor's license. new text end new text begin An individualnew text end shall not engage in the installation,
36.9maintenance, or repair of a medical gas system unless the person
new text begin individualnew text end possesses
36.10a current Minnesota master or journeyman plumber's license and is certified by the
36.11commissioner under rules adopted by the Minnesota Plumbing Board. The certification
36.12must be renewed annually
new text begin bienniallynew text end for as long as the certificate holder engages in the
36.13installation, maintenance, or repair of medical gas and vacuum systems. If a medical gas
36.14and vacuum system certificate is not renewed within 12 months after its expiration the
36.15medical gas and vacuum certificate is permanently forfeited.
36.16 Subd. 3.
Exemptions. (a) A person
new text begin An individualnew text end who on August 1, 2010, holds
36.17a valid certificate authorized by the American Society of Sanitary Engineering (ASSE)
36.18in accordance with standards recommended by the National Fire Protection Association
36.19under NFPA 99C is exempt from the requirements of subdivision 2. This exemption
36.20applies only if the person
new text begin individualnew text end maintains a valid certification authorized by the ASSE.
36.21 (b) A person
new text begin An individualnew text end who on August 1, 2010, possesses a current Minnesota
36.22master or journeyman plumber's license and a valid certificate authorized by the ASSE
36.23in accordance with standards recommended by the National Fire Protection Association
36.24under NFPA 99C is exempt from the requirements of subdivision 2 and may install,
36.25maintain, and repair a medical gas system. This exemption applies only if a person
new text begin an new text end
36.26
new text begin individualnew text end maintains a valid Minnesota master or journeyman plumber's license and valid
36.27certification authorized by the ASSE.
36.28 Subd. 4.
Fees. The fee for a medical gas certificate
new text begin For the purpose of calculating new text end
36.29
new text begin fees under section 326B.092, an initial or renewed medical gas certificate new text end issued by the
36.30commissioner according to subdivision 2 is $30 per year
new text begin shall be considered a journeyman new text end
36.31
new text begin level licensenew text end .
36.32 Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
36.33 Subd. 1a.
Exemptions from licensing. (a) An individual without a contractor
36.34license may do plumbing work on the individual's residence in accordance with
36.35subdivision 1, paragraph (a).
37.1(b) An individual who is an employee working on the maintenance and repair of
37.2plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
37.3and which is within the limits of property owned or leased, and operated or maintained by
37.4the individual's employer, shall not be required to maintain a contractor license as long
37.5as the employer has on file with the commissioner a current certificate of responsible
37.6person. The certificate must be signed by the responsible
new text begin individual. The responsible new text end
37.7
new text begin individual must be a new text end master plumber or, in an area of the state that is not a city or town
37.8with a population of more than 5,000 according to the last federal census,
new text begin a new text end restricted
37.9master plumber,
new text begin . The certificate must be signed by the responsible individualnew text end and must
37.10state that the person signing the certificate is responsible for ensuring that the maintenance
37.11and repair work performed by the employer's employees comply
new text begin compliesnew text end with sections
37.12326B.41
to
326B.49, all rules adopted under those sections and sections
326B.50 to
37.13326B.59
, and all orders issued under section
326B.082. The employer must pay a filing
37.14fee to file a certificate of responsible person
new text begin individualnew text end with the commissioner. The
37.15certificate shall expire two years from the date of filing. In order to maintain a current
37.16certificate of responsible person
new text begin individualnew text end , the employer must resubmit a certificate of
37.17responsible person
new text begin individualnew text end , with a filing fee, no later than two years from the date of the
37.18previous submittal. The filing of the certificate of responsible person
new text begin individualnew text end does not
37.19exempt any employee of the employer from the requirements of this chapter regarding
37.20individual licensing as a plumber or registration as a plumber's apprentice.
37.21(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
37.22separate contractor license to perform plumbing work on behalf of the employer within
37.23the scope of the licensed plumber's license.
37.24
new text begin (d) A person may perform and offer to perform building sewer or water service new text end
37.25
new text begin installation without a contractor's license if the person is in compliance with the bond and new text end
37.26
new text begin insurance requirements of subdivision 2.new text end
37.27 Sec. 18. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
37.28 Subd. 1b.
Employment of master plumber or restricted master plumber. (a)
37.29Each contractor must designate a responsible licensed plumber, who shall be responsible
37.30for the performance of all plumbing work in accordance with sections
326B.41 to
37.31326B.49
, all rules adopted under these sections and sections
326B.50 to
326B.59, and all
37.32orders issued under section
326B.082. A plumbing contractor's responsible licensed
37.33plumber
new text begin individualnew text end must be a master plumber. A restricted plumbing contractor's
37.34responsible licensed plumber
new text begin individualnew text end must be a master plumber or a restricted master
37.35plumber. A plumbing contractor license authorizes the contractor to offer to perform
38.1and, through licensed and registered individuals, to perform plumbing work in all areas
38.2of the state. A restricted plumbing contractor license authorizes the contractor to offer
38.3to perform and, through licensed and registered individuals, to perform plumbing work
38.4in all areas of the state except in cities and towns with a population of more than 5,000
38.5according to the last federal census.
38.6(b) If the contractor is an individual or sole proprietorship, the responsible licensed
38.7plumber
new text begin individualnew text end must be the individual, proprietor, or managing employee. If the
38.8contractor is a partnership, the responsible licensed plumber
new text begin individualnew text end must be a general
38.9partner or managing employee. If the contractor is a limited liability company, the
38.10responsible licensed plumber
new text begin individualnew text end must be a chief manager or managing employee.
38.11If the contractor is a corporation, the responsible licensed plumber
new text begin individualnew text end must be
38.12an officer or managing employee. If the responsible licensed plumber
new text begin individualnew text end is a
38.13managing employee, the responsible licensed plumber
new text begin individualnew text end must be actively engaged
38.14in performing plumbing work on behalf of the contractor, and cannot be employed in any
38.15capacity as a plumber for any other contractor. An individual may be the responsible
38.16licensed plumber
new text begin individualnew text end for only one contractor.
38.17(c) All applications and renewals for contractor licenses shall include a verified
38.18statement that the applicant or licensee has complied with this subdivision.
38.19 Sec. 19. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
38.20 Subd. 2.
Bond; insurance. As a condition of licensing, each contractor
new text begin (a) The new text end
38.21
new text begin bond and insurance requirements of paragraphs (b) and (c) apply to each person who new text end
38.22
new text begin performs or offers to perform plumbing work within the state, including any person who new text end
38.23
new text begin offers to perform or performs sewer or water service installation without a contractor's new text end
38.24
new text begin license. If the person performs or offers to perform any plumbing work other than sewer new text end
38.25
new text begin or water service installation, then the person must meet the requirements of paragraphs new text end
38.26
new text begin (b) and (c) as a condition of holding a contractor's license.new text end
38.27
new text begin (b) Each person who performs or offers to perform plumbing work within the statenew text end
38.28shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
38.29plumbing work entered into within the state or (2) all plumbing work and subsurface
38.30sewage treatment work entered into within the state. If the bond is for both plumbing work
38.31and subsurface sewage treatment work, the bond must comply with the requirements of
38.32this section and section
115.56, subdivision 2, paragraph (e). The bond shall be for the
38.33benefit of persons injured or suffering financial loss by reason of failure to comply with the
38.34requirements of the State Plumbing Code and, if the bond is for both plumbing work and
38.35subsurface sewage treatment work, financial loss by reason of failure to comply with the
39.1requirements of sections
115.55 and
115.56. The bond shall be filed with the commissioner
39.2and shall be written by a corporate surety licensed to do business in the state.
39.3 In addition, as a condition of licensing, each contractor
new text begin (c) Each person who new text end
39.4
new text begin performs or offers to perform plumbing work within the statenew text end shall have and maintain in
39.5effect public liability insurance, including products liability insurance with limits of at
39.6least $50,000 per person and $100,000 per occurrence and property damage insurance
39.7with limits of at least $10,000. The insurance shall be written by an insurer licensed to
39.8do business in the state of Minnesota and
new text begin .new text end Each licensed master plumber
new text begin person who new text end
39.9
new text begin performs or offers to perform plumbing work within the statenew text end shall maintain on file
39.10with the commissioner a certificate evidencing the insurance. In the event of a policy
39.11cancellation, the insurer shall send written notice to the commissioner at the same time
39.12that a cancellation request is received from or a notice is sent to the insured.
39.13 Sec. 20. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
39.14 Subd. 3.
Bond and insurance exemption. If a master plumber or restricted
39.15master plumber
new text begin personnew text end who is in compliance with the bond and insurance requirements
39.16of subdivision 2, employs a licensed plumber, the
new text begin or an individual who has completed new text end
39.17
new text begin pipe-laying training as prescribed by the commissioner, thatnew text end employee plumber shall not be
39.18required to meet the bond and insurance requirements of subdivision 2. An individual who
39.19is an employee working on the maintenance and repair of plumbing equipment, apparatus,
39.20or facilities owned or leased by the individual's employer and which is within the limits of
39.21property owned or leased, and operated or maintained by the individual's employer, shall
39.22not be required to meet the bond and insurance requirements of subdivision 2.
39.23 Sec. 21. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
39.24 Subdivision 1.
Registration; supervision; records. (a) All unlicensed individuals,
39.25other than plumber's apprentices
new text begin and individuals who have completed pipe-laying training new text end
39.26
new text begin as prescribed by the commissionernew text end , must be registered under subdivision 3.
39.27(b) A plumber's apprentice or registered unlicensed individual is authorized to
39.28assist in the installation of plumbing only while under the direct supervision of a master,
39.29restricted master, journeyman, or restricted journeyman plumber. The master, restricted
39.30master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
39.31plumbing work performed by the plumber's apprentice or registered unlicensed individual
39.32complies with the plumbing code. The supervising master, restricted master, journeyman,
39.33or restricted journeyman must be licensed and must be employed by the same employer
39.34as the plumber's apprentice
new text begin or registered unlicensed individualnew text end . Licensed individuals
40.1shall not permit plumber's apprentices
new text begin or registered unlicensed individuals new text end to perform
40.2plumbing work except under the direct supervision of an individual actually licensed to
40.3perform such work. Plumber's apprentices
new text begin and registered unlicensed individuals new text end shall not
40.4supervise the performance of plumbing work or make assignments of plumbing work
40.5to unlicensed individuals.
40.6(c) Contractors employing plumber's apprentices
new text begin or registered unlicensed individuals new text end
40.7to perform plumbing work shall maintain records establishing compliance with this
40.8subdivision that shall identify all plumber's apprentices
new text begin and registered unlicensed new text end
40.9
new text begin individuals new text end performing plumbing work, and shall permit the department to examine and
40.10copy all such records.
40.11 Sec. 22. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
40.12 Subd. 3.
Registration, rules, applications, renewals, and fees. An unlicensed
40.13individual may register by completing and submitting to the commissioner an application
40.14form provided by the commissioner, with all fees required by section
326B.092. A
40.15completed application form must state the date the individual began training, the
40.16individual's age, schooling, previous experience, and employer, and other information
40.17required by the commissioner. The
new text begin Plumbing new text end Board may prescribe rules, not inconsistent
40.18with this section, for the registration of unlicensed individuals. Applications for initial
40.19registration may be submitted at any time. Registration must be renewed annually and
40.20shall be for the period from July 1 of each year to June 30 of the following year.
40.21 Sec. 23. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
40.22 Subdivision 1.
Application, examination, and license fees. (a) Applications for
40.23master and journeyman plumber's licenses shall be made to the commissioner, with
40.24all fees required by section
326B.092. Unless the applicant is entitled to a renewal,
40.25the applicant shall be licensed by the commissioner only after passing a satisfactory
40.26examination developed and administered by the commissioner, based upon rules adopted
40.27by the Plumbing Board, showing fitness.
40.28(b) All initial journeyman plumber's licenses shall be effective for more than one
40.29calendar year and shall expire on December 31 of the year after the year in which the
40.30application is made. All master plumber's licenses shall expire on December 31 of each
40.31even-numbered year after issuance or renewal. The commissioner shall in a manner
40.32determined by the commissioner, without the need for any rulemaking under chapter 14,
40.33phase in the renewal of master and journeyman plumber's licenses from one year to two
41.1years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
41.2two-year licenses.
41.3(c) Applications for contractor licenses shall be made to the commissioner, with all
41.4fees required by section
326B.092. All contractor licenses shall expire on December 31 of
41.5each odd-numbered year after issuance or renewal.
41.6(d) For purposes of calculating license fees and renewal license fees required under
41.7section
326B.092:
41.8(1) the following licenses shall be considered business licenses: plumbing contractor
41.9and restricted plumbing contractor;
41.10(2) the following licenses shall be considered master licenses: master plumber and
41.11restricted master plumber;
41.12(3) the following licenses shall be considered journeyman licenses: journeyman
41.13plumber and restricted journeyman plumber; and
41.14(4) the registration of a plumber's apprentice under section
326B.47, subdivision 3,
41.15shall be considered an entry level license.
41.16(e) For each filing of a certificate of responsible person
new text begin individualnew text end by an employer,
41.17the fee is $100.
41.18
new text begin (f) The commissioner shall charge each person giving bond under section 326B.46, new text end
41.19
new text begin subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a new text end
41.20
new text begin licensed contractor.new text end
41.21 Sec. 24. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
41.22 Subdivision 1.
Bonds. (a) As a condition of licensing, each water conditioning
41.23contractor shall give and maintain a bond to the state as described in paragraph (b).
41.24No applicant for a water conditioning contractor or installer license who maintains the
41.25bond under paragraph (b) shall be otherwise required to meet the bond requirements of
41.26any political subdivision.
41.27 (b) Each bond given to the state under this subdivision shall be in the total sum of
41.28$3,000 conditioned upon the faithful and lawful performance of all water conditioning
41.29installation or servicing done within the state. The bond shall be for the benefit of
41.30persons suffering injuries or damages due to the work. The bond shall be filed with the
41.31commissioner and shall be written by a corporate surety licensed to do business in this
41.32state. The bond must remain in effect at all times while the application is pending and
41.33while the license is in effect.
42.1 Sec. 25. Minnesota Statutes 2010, section 326B.58, is amended to read:
42.2
326B.58 FEES; RENEWAL.
42.3 (a) Each initial water conditioning master and water conditioning journeyman
42.4license shall be effective for more than one calendar year and shall expire on December 31
42.5of the year after the year in which the application is made.
42.6(b) The commissioner shall in a manner determined by the commissioner, without
42.7the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
42.8master and journeyman licenses from one year to two years. By June 30, 2011, all
42.9renewed water conditioning contractor and installer licenses shall be two-year licenses.
42.10The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
42.11(c) All water conditioning contractor licenses shall expire on December 31 of the
42.12year after issuance or renewal.
42.13(d) For purposes of calculating license fees and renewal fees required under section
42.14326B.092
:
42.15(1) a water conditioning journeyman license shall be considered a journeyman
42.16license;
42.17(2) a water conditioning master license shall be considered a master license; and
42.18(3) a water conditioning contractor license shall be considered a business license.
42.19 Sec. 26. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
42.20 Subd. 2.
Appropriate and related knowledge. "Appropriate and related
42.21knowledge" means facts, information, or principles that are clearly relevant to the licensee
42.22in performing
new text begin licensee's new text end responsibilities under a license issued by the commissioner.
42.23These facts, information, or principles must convey substantive and procedural knowledge
42.24as it relates to postlicensing issues and must be relevant to the technical aspects of a
42.25particular area of continuing education
new text begin regulated industrynew text end .
42.26 Sec. 27. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
42.27 Subd. 3.
Classroom hour. "Classroom hour" means a 50-minute hour
new text begin 50 minutes of new text end
42.28
new text begin educational contentnew text end .
42.29 Sec. 28. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
42.30 Subd. 7.
Medical hardship. "Medical hardship" includes
new text begin meansnew text end a documented
42.31physical disability or medical condition.
42.32 Sec. 29. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
43.1 Subd. 9.
Regulated industriesnew text begin industrynew text end . "Regulated industries
new text begin industrynew text end " means
43.2residential contracting, residential remodeling, or residential roofing. Each of these is a
43.3regulated industry
new text begin any business, trade, profession, or occupation that requires a license new text end
43.4
new text begin issued under this chapter or chapter 327B as a condition of doing business in Minnesotanew text end .
43.5 Sec. 30. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
43.6 Subdivision 1.
Purpose. The purpose of this section is to establish standards
43.7for residential building contractor continuing education. The standards must include
43.8requirements for continuing education in the implementation of energy codes or energy
43.9conservation measures applicable to residential buildings.
43.10 Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
43.11 Subd. 5.
Content. (a) Continuing education consists of approved courses that
43.12impart appropriate and related knowledge in the residential construction industry
new text begin regulated new text end
43.13
new text begin industriesnew text end pursuant to sections
to
new text begin this chapternew text end and other relevant
new text begin new text end
43.14
new text begin applicablenew text end federal and state laws, rules, and regulations. Courses may include relevant
43.15materials that are included in licensing exams subject to the limitations imposed in
43.16subdivision 11. The burden of demonstrating that courses impart appropriate and related
43.17knowledge is upon the person seeking approval or credit.
43.18 (b) Except as required for Internet continuing education, course examinations will
43.19not be required for continuing education courses unless they are required by the sponsor.
43.20 (c) Textbooks are not required to be used for continuing education courses. If
43.21textbooks are not used
new text begin as part of the coursenew text end , the sponsor must provide students with a
43.22syllabus containing, at a minimum, the course title, the times and dates of the course
43.23offering, the name, address, and telephone number of the course sponsor and
new text begin ,new text end the name
43.24and affiliation of the instructor, and a detailed outline of the subject materials to be
43.25covered. Any written or printed material given to students must be of readable quality and
43.26contain accurate and current information.
43.27 (d) Upon completion of an approved course, licensees shall earn one hour of
43.28continuing education credit for each
new text begin classroomnew text end hour approved by the commissioner. One
43.29credit hour of continuing education is equivalent to 50 minutes of educational content.
43.30Each continuing education course must be attended in its entirety in order to receive credit
43.31for the number of approved hours. Courses may be approved for full or partial credit,
43.32and for more than one regulated industry.
43.33
new text begin (e) new text end Continuing education credit in an approved course shall be awarded to presenting
43.34instructors on the basis of one credit for each hour of preparation for the duration of the
44.1initial presentation. Continuing education credit may not be earned if the licensee has
44.2previously obtained credit for the same course as a licensee or as an instructor within the
44.3three years immediately prior
new text begin credits for completion of an approved course may only be new text end
44.4
new text begin used once for renewal of a specific licensenew text end .
44.5 (e)
new text begin (f) new text end Courses will be approved using the following guidelines:
44.6(1) course content must demonstrate significant intellectual or practical content and
44.7deal with matters directly related to the practice of residential construction
new text begin in the regulated new text end
44.8
new text begin industrynew text end , workforce safety, or the business of running a residential construction company
new text begin new text end
44.9
new text begin in the regulated industrynew text end . Courses may also address the professional responsibility or
44.10ethical obligations of residential contractors to homeowners and suppliers
new text begin a licensee new text end
44.11
new text begin related to work in the regulated industrynew text end ;
44.12(2) the following courses may be automatically approved if they are specifically
44.13designed for the residential construction
new text begin regulatednew text end industry and are in compliance with
44.14paragraph (f)
new text begin (g)new text end :
44.15(i) courses approved by the Minnesota Board of Continuing Legal Education; or
44.16(ii) courses approved by the International Code Council, National Association of
44.17Home Building, or other nationally recognized professional organization of the residential
44.18construction
new text begin regulatednew text end industry; and
44.19(3) courses must be presented and attended in a suitable classroom or construction
44.20setting, except for Internet education courses which must meet the requirements of
44.21subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
44.22teleconference may be approved provided the sponsor is available at all times during the
44.23presentation, except for Internet education courses which must meet the requirements
44.24of subdivision 5a.
44.25(f)
new text begin (g) new text end The following courses will not be approved for credit:
44.26 (1) courses designed solely to prepare students for a license examination;
44.27 (2) courses in mechanical office skills, including typing, speed reading, or other
44.28machines or equipment. Computer courses are allowed, if appropriate and related to the
44.29residential construction
new text begin regulatednew text end industry;
44.30 (3) courses in sales promotion, including meetings held in conjunction with the
44.31general business of the licensee;
44.32 (4) courses in motivation, salesmanship, psychology, or personal time management;
44.33 (5) courses that are primarily intended to impart knowledge of specific products of
44.34specific companies, if the use of the product or products relates to the sales promotion
44.35or marketing of one or more of the products discussed; or
45.1(6) courses
new text begin where any of the educational content of the course is the State Building new text end
45.2
new text begin Code new text end that include code provisions that have not been adopted into the State Building
45.3Code unless the course materials clarify whether or not
new text begin that new text end the code provisions have
45.4been officially adopted into a future version of the State Building Code and the effective
45.5date of enforcement, if applicable.
45.6 Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
45.7read:
45.8 Subd. 5a.
Internet continuing education. (a)
new text begin Minnesota state colleges and new text end
45.9
new text begin universities that are accredited to provide Internet education by the Higher Learning new text end
45.10
new text begin Commission are exempt from the requirements of this subdivision.new text end
45.11
new text begin (b) new text end The design and delivery of an Internet continuing education course must be
45.12approved by the International Distance Education Certification Center (IDECC) before
45.13the course is submitted for the commissioner's approval. The IDECC approval must
45.14accompany the course submitted.
45.15(b)
new text begin (c) new text end An Internet continuing education course must:
45.16(1) specify the minimum computer system requirements;
45.17(2) provide encryption that ensures that all personal information, including the
45.18student's name, address, and credit card number, cannot be read as it passes across the
45.19Internet;
45.20(3) include technology to guarantee seat time;
45.21(4) include a high level of interactivity;
45.22(5) include graphics that reinforce the content;
45.23(6) include the ability for the student to contact an instructor or course sponsor
45.24within a reasonable amount of time;
45.25(7) include the ability for the student to get technical support within a reasonable
45.26amount of time;
45.27(8) include a statement that the student's information will not be sold or distributed
45.28to any third party without prior written consent of the student. Taking the course does not
45.29constitute consent;
45.30(9) be available 24 hours a day, seven days a week, excluding minimal downtime
45.31for updating and administration, except that this provision does not apply to live courses
45.32taught by an actual instructor and delivered over the Internet;
45.33(10) provide viewing access to the online course at all times to the commissioner,
45.34excluding minimal downtime for updating and administration;
45.35(11) include a process to authenticate the student's identity;
46.1(12) inform the student and the commissioner how long after its purchase a course
46.2will be accessible;
46.3(13) inform the student that license education credit will not be awarded for taking
46.4the course after it loses its status as an approved course;
46.5(14) provide clear instructions on how to navigate through the course;
46.6(15) provide automatic bookmarking at any point in the course;
46.7(16) provide questions after each unit or chapter that must be answered before the
46.8student can proceed to the next unit or chapter;
46.9(17) include a reinforcement response when a quiz question is answered correctly;
46.10(18) include a response when a quiz question is answered incorrectly;
46.11(19) include a final examination in which the student must correctly answer 70
46.12percent of the questions;
46.13(20) allow the student to go back and review any unit at any time, except during the
46.14final examination;
46.15(21) provide a course evaluation at the end of the course. At a minimum, the
46.16evaluation must ask the student to report any difficulties caused by the online education
46.17delivery method;
46.18(22) provide a completion certificate when the course and exam have been completed
46.19and the provider has verified the completion. Electronic certificates are sufficient
new text begin and shall new text end
46.20
new text begin include the name of the provider, date and location of the course, educational program new text end
46.21
new text begin identification that was provided by the department, hours of instruction or continuing new text end
46.22
new text begin education hours, and licensee's or attendee's name and license, certification, or registration new text end
46.23
new text begin number or the last four digits of the licensee's or attendee's Social Security numbernew text end ; and
46.24(23) allow the commissioner the ability to electronically review the class to
46.25determine if credit can be approved.
46.26(c)
new text begin (d) new text end The final examination must be either an encrypted online examination or a
46.27paper examination that is monitored by a proctor who certifies that the student took the
46.28examination.
46.29 Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
46.30 Subd. 6.
Course approval. (a) Courses must be approved by the commissioner
46.31in advance and will be approved on the basis of the applicant's compliance with the
46.32provisions of this section relating to continuing education in the regulated industries. The
46.33commissioner shall make the final determination as to the approval and assignment of
46.34credit hours for courses. Courses must be at least one hour in length.
47.1 Licensees requesting credit for continuing education courses that have not been
47.2previously approved
new text begin by the commissioner new text end shall, on a form prescribed by the commissioner,
47.3submit an application for approval of continuing education credit accompanied by a
47.4nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
47.5in compliance with the provisions of this section governing the types of courses that will
47.6and will not be approved.
47.7 Approval will not be granted for time spent on meals or other unrelated activities.
47.8Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
47.9offered by a provider to any one student for longer than eight hours in one day, excluding
47.10meal breaks.
47.11 (b) Application for course approval must be submitted
new text begin on a form approved by the new text end
47.12
new text begin commissioner at least new text end 30 days before the course offering.
47.13 (c) Approval must be granted for a subsequent offering of identical continuing
47.14education courses without requiring a new application if a notice of the subsequent
47.15offering is filed with the commissioner at least 30 days in advance of the date the course is
47.16to be held. The commissioner shall deny future offerings of courses if they are found not
47.17to be in compliance with the laws relating to course approval.
47.18 Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
47.19 Subd. 7.
Courses open to all. All course offerings must be open to any interested
47.20individuals. Access may be restricted by the sponsor based on class size only. Courses
47.21must
new text begin shallnew text end not be approved if attendance is restricted to any particular group of people,
47.22except for company-sponsored courses allowed by applicable law.
47.23 Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
47.24 Subd. 8.
Course sponsor. (a) Each course of study shall have at least one sponsor,
47.25approved by the commissioner, who is responsible for supervising the program and
47.26ensuring compliance with all relevant law. Sponsors may engage an additional approved
47.27sponsor in order to assist the sponsor or to act as a substitute for the sponsor in the event
47.28of an emergency or illness.
47.29(b) Sponsors must submit an application and sworn statement stating they agree to
47.30abide by the requirements of this section and any other applicable statute or rule pertaining
47.31to residential construction continuing education
new text begin in the regulated industrynew text end .
47.32(c) A sponsor may also be an instructor.
47.33(d) Failure to comply with requirements
new text begin paragraph (b) new text end may result in loss of sponsor
47.34approval for up to two years in accordance with section
326B.082.
48.1 Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
48.2 Subd. 9.
Responsibilities. A sponsor is responsible for:
48.3 (1) ensuring compliance with all laws and rules relating to continuing educational
48.4offerings governed by the commissioner;
48.5 (2) ensuring that students are provided with current and accurate information relating
48.6to the laws and rules governing their licensed activity
new text begin the regulated industrynew text end ;
48.7 (3) supervising and evaluating courses and instructors. Supervision includes
48.8ensuring that all areas of the curriculum are addressed without redundancy and that
48.9continuity is present throughout the entire course;
48.10 (4) ensuring that instructors are qualified to teach the course offering;
48.11 (5) furnishing the commissioner, upon request, with copies of course and instructor
48.12evaluations and
new text begin . Evaluations must be completed by students at the time the course is new text end
48.13
new text begin offered;new text end
48.14
new text begin (6) furnishing the commissioner, upon request, with copies of the new text end qualifications of
48.15instructors. Evaluations must be completed by students at the time the course is offered
48.16and by sponsors within five days after the course offering;
48.17 (6)
new text begin (7) new text end investigating complaints related to course offerings or instructors. A copy
48.18of the written complaint must be sent to the commissioner within ten days of receipt of
48.19the complaint and a copy of the complaint resolution must be sent not more than ten
48.20days after resolution is reached;
48.21 (7)
new text begin (8) new text end maintaining accurate records relating to course offerings, instructors, tests
48.22taken by students if required, and student attendance for a period of three years from the
48.23date on which the course was completed. These records must be made available to the
48.24commissioner upon request. In the event the sponsor ceases operations before termination
48.25of the sponsor application, the sponsor must provide to the commissioner digital copies of
48.26all course and attendance records of courses held for the previous three years;
48.27 (8)
new text begin (9) new text end attending workshops or instructional programs as reasonably required by
48.28the commissioner;
48.29 (9)
new text begin (10) new text end providing course completion certificates within ten days of, but not before,
48.30completion of the entire course.
new text begin A sponsor may require payment of the course tuition as a new text end
48.31
new text begin condition of receiving the course completion certificate.new text end Course completion certificates
48.32must be completed in their entirety. Course completion certificates must
new text begin and shall new text end contain
48.33the following
new text begin :new text end
48.34
new text begin (i) thenew text end statement: "If you have any comments about this course offering, please mail
48.35them to the Minnesota Department of Labor and Industry."
new text begin ;new text end
49.1
new text begin (ii) new text end the current address of the department must be included. A sponsor may require
49.2payment of the course tuition as a condition for receiving the course completion certificate
new text begin , new text end
49.3
new text begin name of the provider, date and location of the course, educational program identification new text end
49.4
new text begin provided by the department, and hours of instruction or continuing education hours; andnew text end
49.5
new text begin (iii) the licensee's or attendee's name and license, certificate, or registration number new text end
49.6
new text begin or the last four digits of the licensee's or attendee's Social Security numbernew text end ; and
49.7 (10)
new text begin (11) new text end notifying the commissioner in writing within ten days of any change in the
49.8information in an application for approval on file with the commissioner.
49.9 Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
49.10read:
49.11 Subd. 10.
Instructors. (a) Each continuing education course shall have an instructor
49.12who is qualified by education, training, or experience to ensure competent instruction.
49.13Failure to have only qualified instructors teach at an approved course offering will result in
49.14loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
49.15to teach the course offering.
49.16 (b) Qualified continuing education instructors must have one of the following
49.17qualifications:
49.18 (1) four years' practical experience in the subject area being taught;
49.19 (2) a college or graduate degree in the subject area being taught;
49.20(3) direct experience in the development of laws, rules, or regulations related to the
49.21residential construction
new text begin regulatednew text end industry; or
49.22(4) demonstrated expertise in the subject area being taught.
new text begin Instructors providing new text end
49.23
new text begin instruction related to electricity, plumbing, or high pressure piping systems must comply new text end
49.24
new text begin with all applicable continuing education rules adopted by the Board of Electricity, the new text end
49.25
new text begin Plumbing Board, or the Board of High Pressure Piping Systems.new text end
49.26 (c) Approved
new text begin Qualified continuing education new text end instructors are responsible for:
49.27 (1) compliance with all laws and rules relating to continuing education;
49.28 (2) providing students with current and accurate information;
49.29 (3) maintaining an atmosphere conducive to learning in the classroom;
49.30 (4) verifying attendance of students, and certifying course completion;
49.31 (5) providing assistance to students and responding to questions relating to course
49.32materials; and
49.33 (6) attending the workshops or instructional programs that are required by the
49.34commissioner.
50.1 Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
50.2read:
50.3 Subd. 11.
Prohibited practices for sponsors and instructors. (a) In connection
50.4with an approved continuing education course, sponsors and instructors shall not:
50.5 (1) recommend or
new text begin ,new text end promote
new text begin , or disparagenew text end the
new text begin specific new text end services
new text begin , products, processes, new text end
50.6
new text begin procedures,new text end or practices of a particular business
new text begin person in the regulated industrynew text end ;
50.7 (2) encourage or recruit individuals
new text begin studentsnew text end to engage the services of, or become
50.8associated with, a particular business;
50.9 (3) use materials for the sole purpose of promoting a particular business;
50.10 (4) require students to participate in other programs or services offered by an
50.11instructor or sponsor;
50.12 (5) attempt, either directly or indirectly, to discover questions or answers on an
50.13examination for a license;
50.14 (6) disseminate to any other person specific questions, problems, or information
50.15known or believed to be included in licensing examinations;
50.16 (7) misrepresent any information submitted to the commissioner;
50.17 (8) fail to
new text begin reasonably new text end cover, or ensure coverage of, all points, issues, and concepts
50.18contained in the course outline approved by the commissioner during the approved
50.19instruction; or
50.20 (9) issue inaccurate course completion certificates.
50.21 (b) Sponsors shall notify the commissioner within ten days of a felony or gross
50.22misdemeanor conviction or of disciplinary action taken against an occupational or
50.23professional license held by the sponsor or an instructor teaching an approved course. The
50.24notification
new text begin conviction or disciplinary actionnew text end shall be grounds for the commissioner to
50.25withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.
50.26 Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
50.27read:
50.28 Subd. 12.
Feesnew text begin Course tuitionnew text end . Fees
new text begin Tuitionnew text end for an approved course of study
50.29and related materials must be clearly identified to students. In the event that a course is
50.30canceled for any reason, all fees
new text begin tuitionnew text end must be returned within 15 days from the date of
50.31cancellation. In the event that a course is postponed for any reason, students shall be given
50.32the choice of attending the course at a later date or having their fees
new text begin tuitionnew text end refunded in
50.33full within 15 days from the date of postponement. If a student is unable to attend a course
50.34or cancels the registration in a course, sponsor policies regarding refunds shall govern.
51.1 Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
51.2read:
51.3 Subd. 15.
Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
51.4of continuing education courses.
51.5 (b) Advertising must be truthful and not deceptive or misleading. Courses may
51.6not be advertised as approved for continuing education credit unless approval has been
51.7granted in writing by the commissioner.
51.8 (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
51.9materials pertaining to an approved course circulated or distributed in this state, must
51.10prominently display the following statement:
51.11 "This course has been approved by the Minnesota Department of Labor and Industry
51.12for ....... (approved number of hours) hours for residential contractor
new text begin ....... (regulated new text end
51.13
new text begin industry)new text end continuing education."
51.14 (d) Advertising of approved courses must be clearly distinguishable from the
51.15advertisement of other nonapproved courses and services.
51.16 (e) Continuing education courses may not be advertised before approval unless the
51.17course is described in any advertising as "approval pending." The sponsor must verbally
51.18notify licensees
new text begin studentsnew text end before commencement of the course if the course has been
51.19denied credit, has not been approved for credit, or has only been approved for partial
51.20credit by the commissioner.
51.21 (f) The number of hours for which a course has been approved must be prominently
51.22displayed on an advertisement for the course. If the course offering is longer than the
51.23number of hours of credit to be given, it must be clear that credit is not earned for the
51.24entire course.
51.25 (g) The course approval number must not be included in any advertisement.
51.26 Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
51.27read:
51.28 Subd. 16.
Notice to students. At the beginning of each approved offering, the
51.29following notice must be handed out in printed form or must be read to students:
51.30 "This educational offering is recognized by the Minnesota Department of Labor and
51.31Industry as satisfying ....... (insert number of hours approved) hours of credit toward
51.32residential contractor
new text begin (insert regulated industry)new text end continuing education requirements."
51.33 Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
51.34read:
52.1 Subd. 18.
Falsification of reportsnew text begin or certificatesnew text end . A licensee, its qualified person
new text begin new text end
52.2
new text begin qualifying individualnew text end , or an applicant found to have falsified an education report
new text begin or new text end
52.3
new text begin certificatenew text end to the commissioner shall be considered to have violated the laws relating to
52.4the
new text begin regulatednew text end industry for which the person has a license and shall be subject to censure,
52.5limitation, condition, suspension, or revocation of the license or denial of the application
52.6for licensure
new text begin the enforcement provisions of section 326B.082new text end .
52.7 The commissioner reserves the right to audit a licensee's continuing education
52.8records.
52.9 Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
52.10read:
52.11 Subd. 19.
Waivers and extensions. If a licensee provides documentation to the
52.12commissioner that the licensee or its qualifying person is unable, and will continue to be
52.13unable, to attend actual classroom course work because of a physical disability, medical
52.14condition, or similar reason, attendance at continuing education courses shall be waived
52.15for a period not to exceed one year. The commissioner shall require that the licensee or
52.16its qualifying person satisfactorily complete a self-study program to include reading a
52.17sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
52.18residential building contractor industry, as would be necessary for the licensee to satisfy
52.19continuing educational credit hour needs. The commissioner shall award the licensee
52.20credit hours for a self-study program by determining how many credit hours would
52.21be granted to a classroom course involving the same material and giving the licensee
52.22the same number of credit hours under this section. The licensee may apply each year
52.23for a new waiver upon the same terms and conditions as were necessary to secure the
52.24original waiver, and must demonstrate that in subsequent years, the licensee was unable to
52.25complete actual classroom course work. The commissioner may request documentation
52.26of the condition upon which the request for waiver is based as is necessary to satisfy
52.27the commissioner of the existence of the condition and that the condition does preclude
52.28attendance at continuing education courses.
52.29 Upon written proof demonstrating a medical hardship, the commissioner shall
52.30extend, for up to 90 days, the time period during which the continuing education must be
52.31successfully completed. Loss of income from either attendance at courses or cancellation
52.32of a license is not a bona fide financial hardship. Requests for extensions must be
52.33submitted to the commissioner in writing no later than 60 days before the education is
52.34due and must include an explanation with verification of the hardship, plus verification of
52.35enrollment at an approved course of study on or before the extension period expires.
53.1 Sec. 44. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
53.2read:
53.3 Subd. 20.
Reporting requirements. Required Continuing education
new text begin creditsnew text end must
53.4be reported
new text begin by the sponsornew text end in a manner prescribed by the commissioner. Licensees are
53.5responsible for maintaining copies of course completion certificates.
53.6 Sec. 45. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
53.7read:
53.8 Subd. 22.
Continuing education approval. Continuing education courses must be
53.9approved in advance by the commissioner of labor and industry. "Sponsor" means any
53.10person or entity offering approved education.
53.11 Sec. 46. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
53.12read:
53.13 Subd. 23.
Continuing education fees. The following fees shall be paid to the
53.14commissioner:
53.15 (1) initial course approval, $20 for each hour or fraction of one hour of continuing
53.16education course approval sought. Initial course approval expires on the last day of the
53.1724th
new text begin 36thnew text end month after the course is approved;
53.18 (2) renewal of course approval, $20 per course. Renewal of course approval expires
53.19on the last day of the 24th month after the course is renewed;
53.20 (3)
new text begin (2) new text end initial sponsor approval, $100. Initial sponsor approval expires on the last
53.21day of the 24th month after the sponsor is approved; and
53.22 (4)
new text begin (3) new text end renewal of sponsor approval, $20
new text begin $100new text end . Renewal of sponsor approval expires
53.23on the last day of the 24th month after the sponsor is renewed.
53.24 Sec. 47. Minnesota Statutes 2010, section 326B.865, is amended to read:
53.25
326B.865 SIGN CONTRACTOR; BOND.
53.26 (a) A sign contractor may post a compliance bond with the commissioner,
53.27conditioned that the sign contractor shall faithfully perform duties and comply with laws,
53.28ordinances, rules, and contracts entered into for the installation of signs. The bond must
53.29be renewed biennially and maintained for so long as determined by the commissioner.
53.30The aggregate liability of the surety on the bond to any and all persons, regardless of the
53.31number of claims made against the bond, may not exceed the annual amount of the bond.
53.32The bond may be canceled as to future liability by the surety upon 30 days' written notice
53.33mailed to the commissioner by United States mail.
54.1 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
54.2local unit of government that requires sign contractors to post a compliance bond. The
54.3bond is in lieu of any compliance bond required by a local unit of government.
54.4 (c) For purposes of this section, "sign" means a device, structure, fixture, or
54.5placard using graphics, symbols, or written copy that is erected on the premises of an
54.6establishment including the name of the establishment or identifying the merchandise,
54.7services, activities, or entertainment available on the premises.
54.8
new text begin (d) Each person giving bond under this section shall pay a biennial bond filing fee of new text end
54.9
new text begin $100 to the commissioner of labor and industry. new text end
54.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2012. new text end
54.11 Sec. 48. Minnesota Statutes 2010, section 326B.89, subdivision 6, is amended to read:
54.12 Subd. 6.
Verified application. To be eligible for compensation from the fund, an
54.13owner or lessee shall serve on the commissioner a verified application for compensation
54.14on a form approved by the commissioner. The application shall verify the following
54.15information:
54.16 (1) the specific grounds upon which the owner or lessee seeks to recover from
54.17the fund:
54.18 (2) that the owner or the lessee has obtained a final judgment in a court of competent
54.19jurisdiction against a licensee licensed under section
326B.83;
54.20 (3) that the final judgment was obtained against the licensee on the grounds
54.21of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
54.22performance that arose directly out of a contract directly between the licensee and the
54.23homeowner or lessee that was entered into prior to the cause of action and that occurred
54.24when the licensee was licensed and performing any of the special skills enumerated under
54.25section
326B.802, subdivision 15;
54.26 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
54.27the owner's residential real estate, on residential real estate leased by the lessee, or on new
54.28residential real estate that has never been occupied or that was occupied by the licensee
54.29for less than one year prior to purchase by the owner;
54.30 (5) that the residential real estate is located in Minnesota;
54.31 (6) that the owner or the lessee is not the spouse of the licensee or the personal
54.32representative of the licensee;
54.33 (7) the amount of the final judgment, any amount paid in satisfaction of the final
54.34judgment, and the amount owing on the final judgment as of the date of the verified
54.35application;
55.1 (8) that the owner or lessee has diligently pursued remedies against all the judgment
55.2debtors and all other persons liable to the judgment debtor in the contract for which the
55.3owner or lessee seeks recovery from the fund; and
55.4 (9) that the verified application is being served within two years after the judgment
55.5became final.
55.6 The verified application must include documents evidencing the amount of the
55.7owner's or the lessee's actual and direct out-of-pocket loss. The owner's and the lessee's
55.8actual and direct out-of-pocket loss shall not include
new text begin any new text end attorney fees, litigation costs
55.9or fees, interest on the loss, and interest on the final judgment obtained as a result of the
55.10loss
new text begin or any costs not directly related to the value difference between what was contracted new text end
55.11
new text begin for and what was providednew text end . Any amount paid in satisfaction of the final judgment shall
55.12be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
55.13lessee may serve a verified application regardless of whether the final judgment has been
55.14discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
55.15on the judgment have either been pursued and concluded or been forgone, including all
55.16reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
55.17in common are deemed to be a single owner. For purposes of this section, owners and
55.18lessees eligible for payment of compensation from the fund shall not include government
55.19agencies, political subdivisions, financial institutions, and any other entity that purchases,
55.20guarantees, or insures a loan secured by real estate.
55.21 Sec. 49. Minnesota Statutes 2010, section 326B.89, subdivision 8, is amended to read:
55.22 Subd. 8.
Administrative hearing. If an owner or a lessee timely serves a request
55.23for hearing under subdivision 7, the commissioner shall request that an administrative law
55.24judge be assigned and that a hearing be conducted under the contested case provisions of
55.25chapter 14 within 45 days after the commissioner received the request for hearing, unless
55.26the parties agree to a later date. The commissioner must notify the owner or lessee of the
55.27time and place of the hearing at least 15 days before the hearing. Upon petition of the
55.28commissioner, the administrative law judge shall continue the hearing up to 60 days and
55.29upon a showing of good cause may continue the hearing for such additional period as the
55.30administrative law judge deems appropriate.
55.31At the hearing the owner or the lessee shall have the burden of proving by substantial
55.32evidence under subdivision 6, clauses (1) to (8). Whenever an applicant's judgment
55.33is by default, stipulation, or consent, or whenever the action against the licensee was
55.34defended by a trustee in bankruptcy, the applicant shall have the burden of proving the
55.35cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or
56.1failure of performance. Otherwise, the judgment shall create a rebuttable presumption
56.2of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
56.3performance. This presumption affects the burden of producing evidence.
56.4The administrative law judge shall issue findings of fact, conclusions of law, and
56.5order. If the administrative law judge finds that compensation should be paid to the owner
56.6or the lessee, the administrative law judge shall order the commissioner to make payment
56.7from the fund of the amount it finds to be payable pursuant to the provisions of and in
56.8accordance with the limitations contained in this section. The order of the administrative
56.9law judge shall constitute the final decision of the agency in the contested case.
new text begin The new text end
56.10
new text begin commissioner or the owner or lessee may seek new text end judicial review of the administrative law
56.11judge's findings of fact, conclusions of law, and order shall be in accordance with sections
56.1214.63
to
14.69.
56.13 Sec. 50. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
56.14 Subd. 1a.
Requirement; used manufactured homes. No person shall sell or
56.15offer for sale in this state any used manufactured home manufactured after June 14,
56.161976, or install for occupancy any used manufactured home manufactured after June
56.1714, 1976, unless the used manufactured home complies with the Notice of Compliance
56.18Form as provided in this subdivision. If manufactured after June 14, 1976, the home
56.19must bear a label as required by the secretary. The Notice of Compliance Form shall be
56.20signed by the seller and purchaser indicating which party is responsible for either making
56.21or paying for any necessary corrections prior to the sale and transferring ownership of
56.22the manufactured home.
56.23The Notice of Compliance Form shall be substantially in the following form:
56.24"Notice of Compliance Form as required in Minnesota Statutes,
56.25section
327.32, subdivision 1
56.26This notice must be completed and signed by the purchaser(s) and the seller(s) of the
56.27used manufactured home described in the purchase agreement and on the bottom of this
56.28notice before the parties transfer ownership of a used manufactured home constructed
56.29after June 14, 1976.
56.30Electric ranges and clothes dryers must have required four-conductor cords and plugs.
new text begin For new text end
56.31
new text begin the purpose of complying with the requirements of section 327B.06, a licensed retailer or new text end
56.32
new text begin limited retailer shall retain at least one copy of the form required under this subdivision.new text end
56.33
Complies ..........
Correction required ..........
56.34
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.1Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
57.2of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
57.3with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
57.4Code of Federal Regulations, title 24, section 3280.709 (g)).
57.5
Complies ..........
Correction required ..........
57.6
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.7Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
57.8Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
57.9accordance with their listing or standards.
57.10
Complies ..........
Correction required ..........
57.11
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.12Smoke alarms are required to be installed and operational in accordance with Code of
57.13Federal Regulations, title 24, section 3280.208.
57.14
Complies ..........
Correction required ..........
57.15
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.16Carbon monoxide alarms or CO detectors that are approved and operational are required
57.17to be installed within ten feet of each room lawfully used for sleeping purposes.
57.18
Complies ..........
Correction required ..........
57.19
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.20Egress windows are required in every bedroom with at least one operable window with
57.21a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
57.22the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
57.23operating handles, tabs, or other operational devices shall not be located more than 54
57.24inches above the finished floor.
57.25
Complies ..........
Correction required ..........
57.26
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.27The furnace compartment of the home is required to have interior finish with a flame
57.28spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
57.29Housing and Urban Development Code governing manufactured housing construction.
57.30
Complies ..........
Correction required ..........
57.31
Initialed by Responsible Party: Buyer ..........
Seller ..........
57.32The water heater enclosure in this home is required to have interior finish with a flame
57.33spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
57.34Housing and Urban Development Code governing manufactured housing construction.
58.1
Complies ..........
Correction required ..........
58.2
Initialed by Responsible Party: Buyer ..........
Seller ..........
58.3The home complies with the snowload and heat zone requirements for the state of
58.4Minnesota as indicated by the data plate.
58.5
Complies ..........
Correction required ..........
58.6
Initialed by Responsible Party: Buyer ..........
Seller ..........
58.7The parties to this agreement have initialed all required sections and agree by their
58.8signature to complete any necessary corrections prior to the sale or transfer of ownership
58.9of the home described below as listed in the purchase agreement. The state of Minnesota
58.10or a local building official has the authority to inspect the home in the manner described in
58.11Minnesota Statutes, section
327.33, prior to or after the sale to ensure compliance was
58.12properly executed as provided under the Manufactured Home Building Code.
58.13
Signature of Purchaser(s) of Home
58.14
..............................date..............................
..............................date..............................
58.15
...................................................................
...................................................................
58.16
58.17
Print name as appears on purchase
agreement
Print name as appears on purchase
agreement
58.18
Signature of Seller(s) of Home
58.19
..............................date..............................
..............................date..............................
58.20
...................................................................
...................................................................
58.21
Print name and license number, if applicable
Print name and license number, if applicable
58.22
(Street address of home at time of sale)
58.23
................................................................................................................................
58.24
(City/State/Zip).......................................................................................................
58.25
Name of manufacturer of home............................................................................
58.26
Model and year.....................................................................................................
58.27
Serial number........................................................................................................"
58.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
58.29 Sec. 51. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
58.30 Subd. 1b.
Alternative design plan. An alternative frost-free design slab
new text begin for a new new text end
58.31
new text begin or used manufactured home new text end that is submitted to the
new text begin local building official, third-party new text end
58.32
new text begin inspector, or the new text end department, stamped by a licensed professional engineer or architect, and
58.33is
new text begin as beingnew text end in compliance with either the federal installation standards in effect at the date
58.34of manufacture
new text begin , the manufacturer's installation manual, new text end or the Minnesota State Building
58.35Code, when applicable, shall be issued a permit by the department within ten days
new text begin of new text end
58.36
new text begin being received by the approving authoritynew text end .
59.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
59.2 Sec. 52. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
59.3 Subd. 1e.
Reinstallation requirements for single-section used manufactured
59.4
homes. (a) All single-section used manufactured homes reinstalled less than 24 months
59.5from the date of installation by the first purchaser must be reinstalled in compliance with
59.6subdivision 1c. All single-section used manufactured homes reinstalled more than 24
59.7months from the date of installation by the first purchaser may be reinstalled without
59.8a frost-protected foundation if the home is reinstalled in compliance with Minnesota
59.9Rules, chapter 1350, for above frost-line installations and the notice requirement of
59.10subdivision 1f is complied with by the seller and the purchaser of the single-section used
59.11manufactured home.
59.12(b) The installer shall affix an installation seal issued by the department to the
59.13outside of the home as required by the Minnesota State Building Code. The certificate
59.14of installation issued by the installer of record shall clearly state that the home has been
59.15reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
59.16for issuance of reinstallation seals shall follow the requirements of sections
326B.802
59.17to
326B.885. Fees for review of plans, specifications, and on-site inspections shall be
59.18those as specified in section
326B.153, subdivision 1, paragraph (c). Whenever an
59.19installation certificate for an above frost-line installation is issued to a single-section used
59.20manufactured home being listed for sale, the purchase agreement must disclose that the
59.21home is installed on a nonfrost-protected foundation and recommend that the purchaser
59.22have the home inspected to determine the effects of frost on the home.
59.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
59.24 Sec. 53. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
59.25 Subd. 1f.
Notice requirement. The seller of the single-section used manufactured
59.26home being reinstalled under subdivision 1e shall provide the following notice to the
59.27purchaser and secure signatures of all parties to the purchase agreement on or before
59.28signing a purchase agreement prior to submitting an application for an installation
59.29certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
59.30home under subdivision 1e, the current owner is not required to comply with the notice
59.31requirement under this subdivision. The notice shall be in at least 14-point font, except the
59.32heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
59.33The notice must be printed on a separate sheet of paper in a color different than the paper
60.1on which the purchase agreement is printed. The notice becomes a part of the purchase
60.2agreement and shall be substantially in the following form:
60.3"Notice of Reinstalling of a Single-Section Used Manufactured Home Above Frost-Line;
60.4WHICH MAY VOID WARRANTY
60.5It is recommended that the single-section used manufactured home being reinstalled
60.6follow the instructions in the manufacturer's installation manual. By signing this notice,
60.7the purchaser(s) are acknowledging they have elected to use footings placed above the
60.8local frost line in accordance with the Minnesota State Building Code.
60.9The seller has explained the differences between the manufacturer's installation
60.10instructions and the installation system selected by the purchaser(s) with respect to
60.11possible effects of frost on the manufactured home.
60.12The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
60.13original warranty remaining on the home and recognize that any other extended or ancillary
60.14warranty could be adversely affected if any applicable warranty stipulates that the home
60.15be installed in accordance with the manufacturer's installation manual to remain effective.
60.16After the reinstallation of the manufactured home, it is highly recommended that the
60.17purchaser(s) have a licensed manufactured home installer recheck the home's installation
60.18for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
60.19The purchaser(s) of the used manufactured home described below that is being reinstalled
60.20acknowledge they have read this notice and have been advised to contact the manufacturer
60.21of the home and/or the Department of Labor and Industry if they desire additional
60.22information before signing this notice. It is the intent of this notice to inform the
60.23purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
60.24for the reinstallation of the manufactured home as originally required by the home's
60.25installation manual.
60.26Plain language notice.
60.27I understand that because this home will be installed with footings placed above the
60.28local frost line, this home may be subject to adverse effects from frost heave that may
60.29damage this home. Purchaser(s) initials: .......
60.30I understand that the installation of this home with footings placed above the local
60.31frost line could affect my ability to obtain a mortgage or mortgage insurance on this
60.32home. Purchaser(s) initials: .......
60.33I understand that the installation of this home with footings placed above the local
60.34frost line could void my warranty on the home if any warranty is still in place on this
60.35home. Purchaser(s) initials: .......
61.1
Signature of Purchaser(s)
61.2
..............................date..............................
..............................date..............................
61.3
...................................................................
...................................................................
61.4
Print name
Print name
61.5
61.6
(Street address of location where
manufactured home is being reinstalled)
61.7
..............................................................................................................................
61.8
(City/State/Zip)....................................................................................................
61.9
Name of manufacturer of home.........................................................................
61.10
Model and year...................................................................................................
61.11
Serial number.....................................................................................................
61.12Name of licensed installer and license number or homeowner responsible for the
61.13installation of the home as described above.
61.14
Installer name:...................................................................................................
61.15
License number:................................................................................................"
61.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
61.17 Sec. 54. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
61.18 Subd. 7.
Enforcement. All jurisdictions enforcing the State Building Code, in
61.19accordance with sections
326B.101 to
326B.151, shall undertake or provide for the
61.20administration and enforcement of the manufactured home installation rules promulgated
61.21by the commissioner.
new text begin Municipalities which have adopted the State Building Code may new text end
61.22
new text begin provide installation inspection and plan review services in noncode areas of the state.new text end
61.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
61.24 Sec. 55. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
61.25 Subd. 2.
Fees. The commissioner shall by rule establish reasonable fees for seals,
61.26installation seals and inspections which are sufficient to cover all costs incurred in the
61.27administration of sections
327.31 to
327.35. The commissioner shall also establish by
61.28rule a monitoring inspection fee in an amount that will comply with the secretary's fee
61.29distribution program. This monitoring inspection fee shall be an amount paid by the
61.30manufacturer for each manufactured home produced in Minnesota. The monitoring
61.31inspection fee shall be paid by the manufacturer to the secretary. The rules of the
61.32fee distribution program require the secretary to distribute the fees collected from all
61.33manufactured home manufacturers among states approved and conditionally approved
61.34based on the number of new manufactured homes whose first location after leaving the
62.1manufacturer is on the premises of a distributor, dealer or purchaser in that state.
new text begin Fees new text end
62.2
new text begin for inspections in areas that have not adopted the State Building Code must be equal to new text end
62.3
new text begin the fees for inspections in code areas of the state. Third party vendors may charge their new text end
62.4
new text begin usual and normal charge for inspections.new text end
62.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
62.6 Sec. 56. Minnesota Statutes 2010, section 327C.095, subdivision 12, is amended to
62.7read:
62.8 Subd. 12.
Payment to the Minnesota manufactured home relocation trust fund.
62.9 (a) If a manufactured home owner is required to move due to the conversion of all or a
62.10portion of a manufactured home park to another use, the closure of a park, or cessation of
62.11use of the land as a manufactured home park, the manufactured park owner shall, upon
62.12the change in use, pay to the commissioner of management and budget for deposit in the
62.13Minnesota manufactured home relocation trust fund under section
462A.35, the lesser
62.14amount of the actual costs of moving or purchasing the manufactured home approved
62.15by the neutral third party and paid by the Minnesota Housing Finance Agency under
62.16subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
62.17home, and $6,000 for each multisection manufactured home, for which a manufactured
62.18home owner has made application for payment of relocation costs under subdivision 13,
62.19paragraph (c). The manufactured home park owner shall make payments required under
62.20this section to the Minnesota manufactured home relocation trust fund within 60 days of
62.21receipt of invoice from the neutral third party.
62.22 (b) A manufactured home park owner is not required to make the payment prescribed
62.23under paragraph (a), nor is a manufactured home owner entitled to compensation under
62.24subdivision 13, paragraph (a) or (e), if:
62.25 (1) the manufactured home park owner relocates the manufactured home owner to
62.26another space in the manufactured home park or to another manufactured home park at
62.27the park owner's expense;
62.28 (2) the manufactured home owner is vacating the premises and has informed the
62.29manufactured home park owner or manager of this prior to the mailing date of the closure
62.30statement under subdivision 1;
62.31 (3) a manufactured home owner has abandoned the manufactured home, or the
62.32manufactured home owner is not current on the monthly lot rental, personal property taxes;
62.33 (4) the manufactured home owner has a pending eviction action for nonpayment of
62.34lot rental amount under section
327C.09, which was filed against the manufactured home
63.1owner prior to the mailing date of the closure statement under subdivision 1, and the writ
63.2of recovery has been ordered by the district court;
63.3 (5) the conversion of all or a portion of a manufactured home park to another use,
63.4the closure of a park, or cessation of use of the land as a manufactured home park is the
63.5result of a taking or exercise of the power of eminent domain by a governmental entity
63.6or public utility; or
63.7 (6) the owner of the manufactured home is not a resident of the manufactured home
63.8park, as defined in section
327C.01, subdivision 9, or the owner of the manufactured home
63.9is a resident, but came to reside in the manufactured home park after the mailing date of
63.10the closure statement under subdivision 1.
63.11 (c)
new text begin If the unencumbered fund balance in the manufactured home relocation trust fund new text end
63.12
new text begin is less than $1,000,000 as of June 30 of each year,new text end the commissioner of management and
63.13budget shall annually assess each manufactured home park owner by mail the total amount
63.14of $12 for each licensed lot in their park, payable on or before September 15 of each
new text begin thatnew text end
63.15year. The commissioner of management and budget shall deposit the
new text begin anynew text end payments in the
63.16Minnesota manufactured home relocation trust fund. On or before July 15 of each year,
63.17the commissioner of management and budget shall prepare and distribute to park owners a
63.18letter explaining
new text begin whether funds are being collected for that year, information aboutnew text end the
63.19collection, an invoice for all licensed lots, and a sample form for the park owners to
63.20collect information on which park residents have been accounted for.
new text begin If assessed under new text end
63.21
new text begin this paragraph,new text end the park owner may recoup the cost of the $12 assessment as a lump
63.22sum or as a monthly fee of no more than $1 collected from park residents together with
63.23monthly lot rent as provided in section
327C.03, subdivision 6. Park owners may adjust
63.24payment for lots in their park that are vacant or otherwise not eligible for contribution to
63.25the trust fund under section
327C.095, subdivision 12, paragraph (b), and deduct from the
63.26assessment accordingly.
63.27 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
63.28the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
63.29in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
63.30attorney fees, court costs, and disbursements.
63.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
63.32 Sec. 57.
new text begin REVISOR'S INSTRUCTION.new text end
63.33
new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end
63.34
new text begin column A with the number listed in column B. The revisor shall also make necessary new text end
63.35
new text begin cross-reference changes consistent with the renumbering.new text end
64.1
new text begin Column Anew text end
new text begin Column Bnew text end
64.2
new text begin 326B.82, subd. 2new text end
new text begin 326B.091, subd. 2anew text end
64.3
new text begin 326B.82, subd. 3new text end
new text begin 326B.091, subd. 2bnew text end
64.4
new text begin 326b.82, subd. 5new text end
new text begin 326B.091, subd. 2cnew text end
64.5
new text begin 326B.82, subd. 7new text end
new text begin 326B.091, subd. 4anew text end
64.6
new text begin 326B.82, subd. 8new text end
new text begin 326B.091, subd. 5anew text end
64.7
new text begin 326B.82, subd. 9new text end
new text begin 326B.091, subd. 5cnew text end
64.8
new text begin 326B.82, subd. 10new text end
new text begin 326B.091, subd. 7new text end
64.9
new text begin 326B.821, subd. 4new text end
new text begin 326B.0981, subd. 17new text end
64.10
new text begin 326B.821, subd. 5new text end
new text begin 326B.0981, subd. 3new text end
64.11
new text begin 326B.821, subd. 5anew text end
new text begin 326B.0981, subd. 4new text end
64.12
new text begin 326B.821, subd. 6new text end
new text begin 326B.0981, subd. 5new text end
64.13
new text begin 326B.821, subd. 7new text end
new text begin 326B.0981, subd. 6new text end
64.14
new text begin 326B.821, subd. 8new text end
new text begin 326B.099, subd. 1new text end
64.15
new text begin 326B.821, subd. 9new text end
new text begin 326B.099, subd. 2new text end
64.16
new text begin 326B.821, subd. 10new text end
new text begin 326B.099, subd. 3new text end
64.17
new text begin 326B.821, subd. 11new text end
new text begin 326B.099, subd. 4new text end
64.18
new text begin 326B.821, subd. 12new text end
new text begin 326B.0981, subd. 7new text end
64.19
new text begin 326B.821, subd. 13new text end
new text begin 326B.0981, subd. 8new text end
64.20
new text begin 326B.821, subd. 14new text end
new text begin 326B.0981, subd. 9new text end
64.21
new text begin 326B.821, subd. 15new text end
new text begin 326B.0981, subd. 10new text end
64.22
new text begin 326B.821, subd. 16new text end
new text begin 326B.0981, subd. 11new text end
64.23
new text begin 326B.821, subd. 17new text end
new text begin 326B.099, subd. 5new text end
64.24
new text begin 326B.821, subd. 18new text end
new text begin 326B.0981, subd. 12new text end
64.25
new text begin 326B.821, subd. 19new text end
new text begin 326B.0981, subd. 13new text end
64.26
new text begin 326B.821, subd. 20new text end
new text begin 326B.0981, subd. 14new text end
64.27
new text begin 326B.821, subd. 22new text end
new text begin 326B.0981, subd. 2new text end
64.28
new text begin 326B.821, subd. 23new text end
new text begin 326B.0981, subd. 15new text end
64.29
new text begin 326B.821, subd. 24new text end
new text begin 326B.0981, subd. 16new text end
64.30 Sec. 58.
new text begin REPEALER.new text end
64.31
new text begin Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821, new text end
64.32
new text begin subdivision 3,new text end new text begin are repealed.new text end
64.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2012.new text end
