1.1A bill for an act1.2relating 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:1.22ARTICLE 11.23JOBS, ECONOMIC DEVELOPMENT, AND HOUSING APPROPRIATIONS

1.241.25Section 1. JOBS, ECONOMIC DEVELOPMENT, AND HOUSING APPROPRIATIONS.

1.26    The amounts shown in this section summarize direct appropriations, by fund, made 1.27in this article.

1.2820122013Total1.29General$80,090,000$77,758,000$157,848,0001.30Workforce Development14,151,00014,151,00028,302,0001.31Remediation700,000700,0001,400,0002.1Workers' Compensation 22,574,00022,574,00045,148,0002.2Total$117,515,000$115,183,000$232,698,000

2.3Sec. 2. JOBS, ECONOMIC DEVELOPMENT, AND HOUSING.

2.4    The sums shown in the columns marked "Appropriations" are appropriated to the 2.5agencies and for the purposes specified in this article. The appropriations are from the 2.6general fund, or another named fund, and are available for the fiscal years indicated 2.7for each purpose. The figures "2012" and "2013" used in this article mean that the 2.8appropriations listed under them are available for the fiscal year ending June 30, 2012, or 2.9June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal 2.10year 2013. "The biennium" is fiscal years 2012 and 2013.

2.11APPROPRIATIONS2.12Available for the Year2.13Ending June 302.1420122013

2.152.16Sec. 3. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT

2.17Subdivision 1.Total Appropriation$53,044,000$50,819,000

2.18Appropriations by Fund2.19201220132.20General38,850,00036,625,0002.21Remediation700,000700,0002.222.23Workforce Development13,494,00013,494,000

2.24The amounts that may be spent for each 2.25purpose are specified in the following 2.26subdivisions.

2.272.28Subd. 2.Business and Community Development9,166,0006,941,000

2.29Appropriations by Fund2.30General8,186,0005,961,0002.31Remediation700,000700,0002.322.33Workforce Development280,000280,000

2.34(a) $700,000 the first year and $700,000 the 2.35second year are from the remediation fund for 2.36contaminated site cleanup and development 3.1grants under Minnesota Statutes, section 3.2116J.554. This appropriation is available 3.3until expended.3.4(b) $970,000 the first year and $970,000 the 3.5second year are from the general fund for 3.6contaminated site cleanup and development 3.7grants under Minnesota Statutes, section 3.8116J.554.3.9(c) $1,086,000 the first year and $1,086,000 3.10the second year are from the general fund for 3.11the Minnesota Trade Office.3.12(d) $150,000 each year is from the general 3.13fund for a grant to WomenVenture for 3.14women's business development programs 3.15and for programs that encourage and assist 3.16women to enter nontraditional careers in the 3.17trades; manual and technical occupations; 3.18science, technology, engineering, and 3.19mathematics-related occupations; and green 3.20jobs. This appropriation may be matched 3.21dollar for dollar with any resources available 3.22from the federal government for these 3.23purposes with priority given to initiatives 3.24that have a goal of increasing by at least ten 3.25percent the number of women in occupations 3.26where women currently comprise less than 3.2725 percent of the workforce.3.28(e) $75,000 each year is from the general 3.29fund and $40,000 each year is from the 3.30workforce development fund for a grant to 3.31the Metropolitan Economic Development 3.32Association for continuing minority business 3.33development programs in the metropolitan 3.34area. This appropriation must be used for the 3.35sole purpose of providing free or reduced 4.1fee business consulting services to minority 4.2entrepreneurs and contractors.4.3(f)(1) $425,000 the first year is a onetime 4.4appropriation from the general fund for a 4.5grant to BioBusiness Alliance of Minnesota 4.6for bioscience business development 4.7programs to promote and position the state 4.8as a global leader in bioscience business 4.9activities. These funds may be used to create, 4.10recruit, retain, and expand biobusiness 4.11activity in Minnesota; implement the 4.12destination 2025 statewide plan; update 4.13a statewide assessment of the bioscience 4.14industry and the competitive position of 4.15Minnesota-based bioscience businesses 4.16relative to other states and other nations; 4.17and develop and implement business and 4.18scenario-planning models to create, recruit, 4.19retain, and expand biobusiness activity in 4.20Minnesota.4.21(2) The BioBusiness Alliance must report 4.22each year by February 15 to the committees 4.23of the house of representatives and the senate 4.24having jurisdiction over bioscience industry 4.25activity in Minnesota on the use of funds; 4.26the number of bioscience businesses and 4.27jobs created, recruited, retained, or expanded 4.28in the state since the last reporting period; 4.29the competitive position of the biobusiness 4.30industry; and utilization rates and results of 4.31the business and scenario-planning models 4.32and outcomes resulting from utilization of 4.33the business and scenario-planning models.4.34(g) $50,000 the first year is from the general 4.35fund for a grant to the Minnesota Inventors 5.1Congress, of which at least $5,000 must be 5.2used for youth inventors. This is a onetime 5.3appropriation.5.4(h)(1) $90,000 each year is from the 5.5workforce development fund for a grant 5.6under Minnesota Statutes, section 116J.421, 5.7to the Rural Policy and Development 5.8Center at St. Peter, Minnesota. The grant 5.9shall be used for research and policy 5.10analysis on emerging economic and social 5.11issues in rural Minnesota, to serve as a 5.12policy resource center for rural Minnesota 5.13communities, to encourage collaboration 5.14across higher education institutions, to 5.15provide interdisciplinary team approaches 5.16to research and problem-solving in rural 5.17communities, and to administer overall 5.18operations of the center.5.19(2) The grant shall be provided upon the 5.20condition that each state-appropriated 5.21dollar be matched with a nonstate dollar. 5.22Acceptable matching funds are nonstate 5.23contributions that the center has received and 5.24have not been used to match previous state 5.25grants. Any funds not spent the first year are 5.26available the second year.5.27(i)(1) $150,000 each year is appropriated 5.28from the workforce development fund for 5.29grants of $50,000 to eligible organizations 5.30each year to assist in the development of 5.31entrepreneurs and small businesses. Each 5.32state grant dollar must be matched with $1 5.33of nonstate funds. Any balance in the first 5.34year does not cancel but is available in the 5.35second year.6.1(2) Three grants must be awarded to 6.2continue or to develop a program. One 6.3grant must be awarded to the Riverbend 6.4Center for Entrepreneurial Facilitation 6.5in Blue Earth County, and two to other 6.6organizations serving Faribault and Martin 6.7Counties. Grant recipients must report to the 6.8commissioner by February 1 of each year 6.9that the organization receives a grant with the 6.10number of customers served; the number of 6.11businesses started, stabilized, or expanded; 6.12the number of jobs created and retained; and 6.13business success rates. The commissioner 6.14must report to the house of representatives 6.15and senate committees with jurisdiction 6.16over economic development finance on the 6.17effectiveness of these programs for assisting 6.18in the development of entrepreneurs and 6.19small businesses.6.20(j) $1,000,000 the first year is from the 6.21general fund for the Minnesota Investment 6.22Fund under Minnesota Statutes, section 6.23116J.8731. The appropriation is available 6.24until spent. This is a onetime appropriation 6.25and is not added to the agency's base.6.26(k) $750,000 the first year is from the general 6.27fund for the redevelopment account under 6.28Minnesota Statutes, section 116J.571. This 6.29is a onetime appropriation and is available 6.30until spent.

6.31Subd. 3.Workforce Development43,020,00043,020,000

6.32Appropriations by Fund6.33General29,806,00029,806,0006.346.35Workforce Development13,214,00013,214,000

7.1(a) $3,728,000 each year is from the general 7.2fund for the Minnesota job skills partnership 7.3program under Minnesota Statutes, sections 7.4116L.01 to 116L.17. If the appropriation for 7.5either year is insufficient, the appropriation 7.6for the other year is available. This 7.7appropriation is available until spent.7.8(b) $10,800,000 each year is from the general 7.9fund for the state's vocational rehabilitation 7.10program under Minnesota Statutes, chapter 7.11268A.7.12(c) $5,928,000 each year is from the general 7.13fund for the state services for the blind 7.14activities.7.15(d) $2,150,000 each year is from the general 7.16fund for grants to centers for independent 7.17living under Minnesota Statutes, section 7.18268A.11.7.19(e) $315,000 each year is from the general 7.20fund and $105,000 each year is from the 7.21workforce development fund for a grant 7.22under Minnesota Statutes, section 116J.8747, 7.23to Twin Cities RISE! to provide training to 7.24hard-to-train individuals. Funds unexpended 7.25in the first year are available for expenditure 7.26in the second year.7.27(f) $100,000 each year is from the general 7.28fund for a grant to Northern Connections 7.29in Perham to implement and operate a 7.30workforce program that provides one-stop 7.31supportive services to individuals as they 7.32transition into the workforce.7.33(g) $5,091,000 each year is from the general 7.34fund and $6,527,000 each year is from the 7.35workforce development fund for extended 8.1employment services for persons with severe 8.2disabilities or related conditions under 8.3Minnesota Statutes, section 268A.15. Of 8.4the general fund appropriation, $125,000 8.5each year is to supplement funds paid for 8.6wage incentives for the community support 8.7fund established in Minnesota Rules, part 8.83300.2045.8.9(h) $1,479,000 each year is from the general 8.10fund for grants to programs that provide 8.11employment support services to persons with 8.12mental illness under Minnesota Statutes, 8.13sections 268A.13 and 268A.14. Grants 8.14may be used for special projects for young 8.15people with mental illness transitioning from 8.16school to work and people with serious 8.17mental illness receiving services through 8.18a mental health court or civil commitment 8.19court. Special projects must demonstrate 8.20interagency collaboration.8.21(i) $135,000 each year is from the general 8.22fund and $163,000 each year is from the 8.23workforce development fund for a grant 8.24under Minnesota Statutes, section 268A.03, 8.25to Rise, Inc. for the Minnesota Employment 8.26Center for People Who are Deaf or Hard of 8.27Hearing. Money not expended the first year 8.28is available the second year.8.29(j) $80,000 each year is from the general fund 8.30and $160,000 each year is from the workforce 8.31development fund for a grant to Lifetrack 8.32Resources for its immigrant and refugee 8.33collaborative program, including those 8.34related to job-seeking skills and workplace 8.35orientation, intensive job development, 9.1functional work English, and on-site job 9.2coaching. This appropriation may also be 9.3used in Rochester.9.4(k) $1,100,000 each year is from the 9.5workforce development fund for the 9.6Opportunities Industrialization Center 9.7programs. The OIC state council must 9.8not be colocated with the Department of 9.9Employment and Economic Development.9.10(l) $2,450,000 the first year is a onetime 9.11appropriation from the workforce 9.12development fund for the Minnesota youth 9.13program under Minnesota Statutes, sections 9.14116L.56 and 116L.561.9.15(m) $630,000 the first year is a onetime 9.16appropriation from the workforce 9.17development fund for grants for the 9.18Minneapolis summer youth employment 9.19program. The commissioner shall establish 9.20criteria for awarding the grant.9.21Of this appropriation, 25 percent is for a grant 9.22to the Minneapolis learn-to-earn summer 9.23youth employment program.9.24(n) $750,000 the first year is a onetime 9.25appropriation from the workforce 9.26development fund for a grant to the 9.27Minnesota Alliance of Boys and Girls 9.28Clubs to administer a statewide project 9.29of youth jobs skills development. This 9.30project, which may have career guidance 9.31components, including health and life skills, 9.32is to encourage, train, and assist youth in 9.33job-seeking skills, workplace orientation, 9.34and job-site knowledge through coaching. 9.35This grant requires a 25 percent match 10.1from nonstate resources. The Alliance may 10.2work collaboratively with the Minneapolis 10.3Park Board for summer youth employment 10.4programming.10.5(o) $391,000 the first year is a onetime 10.6appropriation from the workforce 10.7development fund for grants to fund summer 10.8youth employment in St. Paul. The 10.9commissioner shall establish criteria for 10.10awarding the grant.10.11(p) $700,000 the first year is a onetime 10.12appropriation from the workforce 10.13development fund for the youthbuild 10.14program under Minnesota Statutes, sections 10.15116L.361 to 116L.366.10.16(q) $238,000 the first year is a onetime 10.17appropriation from the workforce 10.18development fund for grants to provide 10.19interpreters for a regional transition program 10.20that specializes in providing culturally 10.21appropriate transition services leading to 10.22employment for deaf, hard-of-hearing, and 10.23deafblind students.10.24(r) $5,159,000 the second year is from 10.25the workforce development fund for the 10.26youth workforce development competitive 10.27grant pilot program. The commissioner 10.28shall develop and implement a competitive 10.29grant program to provide workforce 10.30training services to youth in Minnesota. 10.31Of this amount, up to five percent is for 10.32administering and monitoring this program. 10.33The commissioner shall report by October 10.3415, 2011, to the standing committees of the 10.35senate and house of representatives having 11.1jurisdiction over workforce development 11.2issues on program parameters and criteria 11.3developed for the competitive grants under 11.4this paragraph. This appropriation is added 11.5to the agency's base.

11.6Subd. 4.State-Funded Administration858,000858,000

11.7Sec. 4. HOUSING FINANCE AGENCY

11.8Subdivision 1.Total Appropriation$36,251,000$36,251,000

11.9The amounts that may be spent for each 11.10purpose are specified in the following 11.11subdivisions.11.12This appropriation is for transfer to the 11.13housing development fund for the programs 11.14specified. Except as otherwise indicated, this 11.15transfer is part of the agency's permanent 11.16budget base.

11.17Subd. 2.Challenge Program7,059,0007,059,000

11.18For the economic development and housing 11.19challenge program under Minnesota 11.20Statutes, section 462A.33. Of this amount, 11.21$1,208,000 each year shall be made available 11.22during the first eight months of the fiscal 11.23year exclusively for housing projects for 11.24American Indians. Any funds not committed 11.25to housing projects for American Indians in 11.26the first eight months of the fiscal year shall 11.27be available for any eligible activity under 11.28Minnesota Statutes, section 462A.33.

11.29Subd. 3.Housing Trust Fund8,305,0008,305,000

11.30For deposit in the housing trust fund account, 11.31for the purposes provided under Minnesota 11.32Statutes, section 462A.201.

11.33Subd. 4.Rental Assistance for Mentally Ill2,638,0002,638,000

12.1For the rental housing assistance program for 12.2persons with a mental illness or families with 12.3an adult member with a mental illness under 12.4Minnesota Statutes, section 462A.2097.

12.5Subd. 5.Family Homeless Prevention7,465,0007,465,000

12.6For the family homeless prevention and 12.7assistance programs under Minnesota 12.8Statutes, section 462A.204.

12.9Subd. 6.Home Ownership Assistance Fund797,000797,000

12.10For the home ownership assistance program 12.11under Minnesota Statutes, section 462A.21, 12.12subdivision 8. The annual interest rate on 12.13loans provided under Minnesota Statutes, 12.14section 462A.21, subdivision 8, must equal 12.15two percent.

12.16Subd. 7.Affordable Rental Investment Fund6,813,0006,813,000

12.17(a) For the affordable rental investment fund 12.18program under Minnesota Statutes, section 12.19462A.21, subdivision 8b. The appropriation 12.20is to finance the acquisition, rehabilitation, 12.21and debt restructuring of federally assisted 12.22rental property and for making equity 12.23take-out loans under Minnesota Statutes, 12.24section 462A.05, subdivision 39.12.25(b) The owner of federally assisted rental 12.26property must agree to participate in 12.27the applicable federally assisted housing 12.28program and to extend any existing 12.29low-income affordability restrictions on the 12.30housing for the maximum term permitted. 12.31The owner must also enter into an agreement 12.32that gives local units of government, 12.33housing and redevelopment authorities, 12.34and nonprofit housing organizations the 13.1right of first refusal if the rental property 13.2is offered for sale. Priority must be given 13.3among comparable federally assisted rental 13.4properties to properties with the longest 13.5remaining term under an agreement for 13.6federal assistance. Priority must also be 13.7given among comparable rental housing 13.8developments to developments that are or 13.9will be owned by local government units, a 13.10housing and redevelopment authority, or a 13.11nonprofit housing organization.13.12(c) The appropriation also may be used to 13.13finance the acquisition, rehabilitation, and 13.14debt restructuring of existing supportive 13.15housing properties. For purposes of this 13.16subdivision, "supportive housing" means 13.17affordable rental housing with links to 13.18services necessary for individuals, youth, and 13.19families with children to maintain housing 13.20stability.

13.21Subd. 8.Housing Rehabilitation2,449,0002,449,000

13.22For the housing rehabilitation program 13.23under Minnesota Statutes, section 462A.05, 13.24subdivision 14, for rental housing 13.25developments.

13.2613.27Subd. 9.Homeownership Education, Counseling, and Training600,000600,000

13.28For the homeownership education, 13.29counseling, and training program under 13.30Minnesota Statutes, section 462A.209. 13.31Notwithstanding Minnesota Statutes, section 13.32462A.209, subdivision 7, paragraph (b), 13.33more than one-half of the funds awarded 13.34for foreclosure prevention and assistance 14.1activities may be used for mortgage or 14.2financial counseling services.

14.3Subd. 10.Capacity-Building Grants125,000125,000

14.4For nonprofit capacity-building grants 14.5under Minnesota Statutes, section 462A.21, 14.6subdivision 3b.

14.714.8Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY

14.9Subdivision 1.Total Appropriation$22,328,000$22,328,000

14.10Appropriations by Fund14.112012201314.12General800,000800,00014.1314.14Workers' Compensation20,871,00020,871,00014.1514.16Workforce Development657,000657,000

14.17The amounts that may be spent for each 14.18purpose are specified in the following 14.19subdivisions.

14.20Subd. 2.Workers' Compensation14,832,00014,832,000

14.21This appropriation is from the workers' 14.22compensation fund.14.23$200,000 each year is for grants to the 14.24Vinland Center for rehabilitation services. 14.25Grants shall be distributed as the department 14.26refers injured workers to the Vinland Center 14.27for rehabilitation services.

14.28Subd. 3.Labor Standards and Apprenticeship1,457,0001,457,000

14.29Appropriations by Fund14.30General800,000800,00014.3114.32Workforce Development657,000657,000

14.33$657,000 each year is appropriated from 14.34the workforce development fund for the 15.1apprenticeship program under Minnesota 15.2Statutes, chapter 178.

15.3Subd. 4.General Support6,039,0006,039,000

15.4This appropriation is from the workers' 15.5compensation fund.

15.615.7Sec. 6. BUREAU OF MEDIATION SERVICES

15.8Subdivision 1.Total Appropriation$1,525,000$1,525,000

15.9The amounts that may be spent for each 15.10purpose are specified in the following 15.11subdivisions.

15.12Subd. 2.Mediation Services1,471,0001,471,000

15.1315.14Subd. 3.Labor Management Cooperation Grants54,00054,000

15.15$54,000 each year is for grants to area labor 15.16management committees. Grants may be 15.17awarded for a 12-month period beginning 15.18July 1 each year. Any unencumbered balance 15.19remaining at the end of the first year does not 15.20cancel but is available for the second year.

15.2115.22Sec. 7. WORKERS' COMPENSATION COURT OF APPEALS$1,703,000$1,703,000

15.23This appropriation is from the workers' 15.24compensation fund. 

15.25Sec. 8. BOARD OF ACCOUNTANCY$480,000$480,000

15.2615.2715.2815.29Sec. 9. BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN$774,000$774,000

15.3015.31Sec. 10. BOARD OF COSMETOLOGIST EXAMINERS$1,046,000$1,046,000

15.32Sec. 11. BOARD OF BARBER EXAMINERS$257,000$257,000

16.116.2Sec. 12. MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY$107,000$0

16.3This is a onetime appropriation.

16.4Sec. 13. TRANSFERS

16.5Prior to June 30, 2012, the commissioner 16.6of iron range resources shall transfer 16.7$60,000,000 from the Douglas J. Johnson 16.8Economic Protection Trust to the general 16.9fund. This is a onetime transfer.16.10The unexpended balance, estimated to 16.11be $1,575,000, of funds collected for 16.12unemployment insurance state administration 16.13under Minnesota Statutes, section 268.18, 16.14subdivision 2, is transferred to the general 16.15fund.16.16ARTICLE 216.17ECONOMIC DEVELOPMENT AND MISCELLANEOUS PROVISIONS16.18    Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a 16.19subdivision to read:16.20    Subd. 7.Monitoring pass-through grant recipients.The commissioner shall 16.21monitor the activities and outcomes of programs and services funded by legislative 16.22appropriations and administered by the department on a pass-through basis. Unless 16.23amounts are otherwise appropriated for administrative costs, the commissioner may 16.24retain up to five percent of the amount appropriated to the department for grants to 16.25pass-through entities. Amounts retained are deposited to a special revenue account and 16.26are appropriated to the commissioner for costs incurred in administering and monitoring 16.27the pass-through grants.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; or17.8(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(h) "Intern" means a student of an accredited institution of higher education, or a 17.19former student who has graduated in the past six months from an accredited institution 17.20of higher education, who is employed by a qualified small business in a nonpermanent 17.21position for a duration of nine months or less that provides training and experience in the 17.22primary business activity of the business.17.23EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.17.24    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; or18.18(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 and must pay its interns annual 18.29wages of at least 175 percent of the federal minimum wage used for federally covered 18.30employers, except that this requirement must be reduced proportionately for employees 18.31and interns 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 $4,000,000; and19.1    (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; and19.19(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.19.22EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.19.23    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; and20.10(3) have at least three separate investors, all of whom at least three whose investment 20.11is made in the certified business and who seek a tax credit allocation 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.20.18EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.20.19    Sec. 5. Minnesota Statutes 2010, section 116L.3625, is amended to read:20.20116L.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:20.25116L.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; and20.31(b) the establishment and operation in Minnesota of these centers.21.1The commissioner may use up to five percent of the appropriation for opportunities 21.2industrialization center programs to pay costs incurred by the department in administering 21.3the programs.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:21.9154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A 21.10REGISTERED APPRENTICE.21.11    Subdivision 1.Qualifications; duration or registration.(a) 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; and21.15(3) who has passed an examination conducted by the board to determine fitness to 21.16practice as a registered apprentice.21.17(b) 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(c) 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    Subd. 2.Limited extension of registration.(a) 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(b) The expiration date of a certificate issued to a person while incarcerated shall be 21.33extended once so that it expires four years from the date of first release from a correctional 21.34facility after the person becomes a registered apprentice. This paragraph applies when a 21.35person graduates from a barber school approved by the board and is issued a certificate of 22.1registration while incarcerated by the Department of Corrections or the Federal Bureau 22.2of Prisons.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; successfully 22.9completed instructor barber training from a board-approved program of not less than 22.1040 clock hours, or completed a college or university program resulting in a technical 22.11or vocational education certificate or its equivalent, issued by an accredited college or 22.12university and approved by the board;22.13(3) is currently a registered barber in this state and has at least three years experience 22.14as a registered barber in this state, or its equivalent as determined by the board; and22.15(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:22.21154.08 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 and identity  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; present a 22.29government-issued picture identification as proof of identity when the applicant appears 22.30for examination;  and22.31(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:23.14154.12 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, 
         154.0123.20to 
         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 contingent24.29account.24.30    Sec. 14. Minnesota Statutes 2010, section 268.199, is amended to read:24.31268.199 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(c) Beginning in fiscal year 2012 and each fiscal year thereafter, all money in the 25.8account shall be transferred to the general fund before the closing of the fiscal year.25.9    Sec. 15. Minnesota Statutes 2010, section 298.17, is amended to read:25.10298.17 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 298.24 on 25.23each taxable ton produced in the preceding calendar year, to be expended for the purposes 25.24of section 298.22. 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:26.2341.321 FEE SCHEDULE.26.3    (a) The fee schedule for professional licenses issued by the commission is as follows:26.4    (1) referees, $25 $45 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 $45 for each initial license and each renewal;26.7    (4) trainers, $25 $45 for each initial license and each renewal;26.8    (5) ring announcers, $25 $45 for each initial license and each renewal;26.9    (6) seconds, $25 $45 for each initial license and each renewal;26.10    (7) timekeepers, $25 $45 for each initial license and each renewal;26.11    (8) combatants, $25 $45 for each initial license and each renewal;26.12    (9) managers, $25 $45 for each initial license and each renewal; and26.13    (10) ringside physicians, $25 $45 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 professional license on the 26.16same day the combative sporting event is held shall pay a late fee of $100 plus the original 26.17license fee of $45 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 $45 for each initial license and each renewal;26.20    (2) promoters, $100 $400 for each initial license and each renewal;26.21    (3) judges and knockdown judges, $10 $45 for each initial license and each renewal;26.22    (4) trainers, $10 $45 for each initial license and each renewal;26.23    (5) ring announcers, $10 $45 for each initial license and each renewal;26.24    (6) seconds, $10 $45 for each initial license and each renewal;26.25    (7) timekeepers, $10 $45 for each initial license and each renewal;26.26    (8) combatant, $10 $25 for each initial license and each renewal;26.27    (9) managers, $10 $45 for each initial license and each renewal; and26.28    (10) ringside physicians, $10 $45 for each initial license and each renewal.26.29    (c) The commission shall establish a contest fee for each combative sport contest. 26.30The professional combative sport contest fee is $1,500 per event or not more than four 26.31percent of the gross ticket sales, whichever is greater, 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 $500 or not more than four percent of the gross ticket sales, 26.34whichever is greater. 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 A professional or 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:

27.627.7Sec. 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 341.27.18ARTICLE 327.19LABOR AND INDUSTRY27.20    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; and28.4    (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; and28.22    (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.8329.1and 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; or29.19    (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. The 29.25commissioner may file and enforce the unpaid portion of a penalty as a judgment in 29.26district court without further notice or additional proceedings.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 sections 182.66 and182.661. 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; 
         326B.092 to 326B.096; 30.10326B.101
          to 
         326B.194; 
         326B.197; 
         326B.32 to 
         326B.399; 
         326B.43 to 
         326B.49; 
         326B.5230.11to 
         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 45.23 sections 326B.098 to 326B.099 in connection with 30.14continuing education for residential contractors, residential remodelers, and residential 30.15roofersany license, registration, or certificate issued pursuant to this chapter 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:30.22326B.091 DEFINITIONS.30.23    Subdivision 1. Applicability. For purposes of sections 
         326B.091 to 
         326B.09830.24326B.099, 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 aan initial or renewal 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    Subd. 5b.Qualifying individual."Qualifying individual" means the individual 31.9responsible for obtaining continuing education on behalf of a residential building 31.10contractor, residential remodeler, or residential roofer licensed pursuant to sections 31.11326B.801 to 326B.885.31.12    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:31.15326B.098 CONTINUING EDUCATION.31.16    Subdivision 1. Applicability Department seminars. This section applies to 31.17seminars offered by the department for the purpose of allowing enabling 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 or if the department cancels the seminar.31.24    Sec. 6. [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT 31.25SEMINARS.31.26This section applies to seminars that are offered by an entity other than the 31.27department for the purpose of enabling licensees to meet continuing education 31.28requirements for license renewal.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 31.3214.16 or 14.26 publication of the rule's notice of adoption in the State Register. 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 2013, 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; and32.25    (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    Subd. 1b.Backflow prevention rebuilder. A "backflow prevention rebuilder" is an 32.30individual who is qualified by training prescribed by the Plumbing Board and possesses 32.31a master or journeyman plumber's license to engage in the testing, maintenance, and 32.32rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by 32.33the plumbing code.33.1    Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a 33.2subdivision to read:33.3    Subd. 1c.Backflow prevention tester. A "backflow prevention tester" is an 33.4individual who is qualified by training prescribed by the Plumbing Board to engage in 33.5the testing of reduced pressure zone type backflow prevention assemblies as regulated by 33.6the plumbing code. 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 individual 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 plumber individual. A contractor's "responsible 33.12licensed plumber individual" 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 individual 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, certification, or registration of plumbing 34.6contractors, journeymen, unlicensed individuals, master plumbers, restricted master 34.7plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention 34.8rebuilders and testers, 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, or 34.11engaged in or working at the business of medical gas system installation, maintenance, or 34.12repair, 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, and for 34.18individuals certified under sections 326B.437 and 326B.438. 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; and34.29    (11) recommend the fees for licenses, registrations,  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. [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION 35.6REBUILDERS AND TESTERS.35.7(a) No person shall perform or offer to perform the installation, maintenance, repair, 35.8replacement, or rebuilding of reduced pressure zone backflow prevention assemblies 35.9unless the person obtains a plumbing contractor's license. An individual shall not engage 35.10in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow 35.11prevention assemblies, as regulated by the Plumbing Code, unless the individual is 35.12certified by the commissioner as a backflow prevention rebuilder.35.13(b) An individual shall not engage in testing of a reduced pressure zone backflow 35.14prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a 35.15backflow prevention rebuilder certificate or is certified by the commissioner as a backflow 35.16prevention tester.35.17(c) Certificates are issued for an initial period of two years and must be renewed 35.18every two years thereafter for as long as the certificate holder installs, maintains, repairs, 35.19rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes 35.20of calculating fees under section 326B.092, an initial or renewed backflow prevention 35.21rebuilder or tester certificate shall be considered an entry level license.35.22(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are 35.23related to the certification of backflow prevention rebuilders and backflow prevention 35.24testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the 35.2518-month limitation under section 14.125, this authority expires on December 31, 2014.35.26(e) The department shall recognize certification programs that are a minimum of 16 35.27contact hours and include the passage of an examination. The examination must consist of 35.28a practical and a written component. This paragraph expires when the Plumbing Board 35.29adopts rules under paragraph (d).35.30    Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:35.31326B.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.ANo person shall perform or offer 36.7to perform the installation, maintenance, or repair of medical gas systems unless the 36.8person obtains a contractor's license. An individual shall not engage in the installation, 36.9maintenance, or repair of a medical gas system unless the person individual 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 biennially 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 An individual 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 individual maintains a valid certification authorized by the ASSE.36.21    (b) A person An individual 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 an 36.26individual 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 certificateFor the purpose of calculating 36.29fees under section 326B.092, an initial or renewed medical gas certificate issued by the 36.30commissioner according to subdivision 2 is $30 per year shall be considered a journeyman 36.31level license.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 individual. The responsible 37.7individual must be a  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, a restricted 37.9master plumber,. The certificate must be signed by the responsible individual 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 complies 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 individual 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 individual, the employer must resubmit a certificate of 37.17responsible person individual, 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 individual 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(d) A person may perform and offer to perform building sewer or water service 37.25installation without a contractor's license if the person is in compliance with the bond and 37.26insurance requirements of subdivision 2.37.27    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 individual must be a master plumber. A restricted plumbing contractor's 37.34responsible licensed plumber individual 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 individual must be the individual, proprietor, or managing employee. If the 38.8contractor is a partnership, the responsible licensed plumber individual must be a general 38.9partner or managing employee. If the contractor is a limited liability company, the 38.10responsible licensed plumber individual must be a chief manager or managing employee. 38.11If the contractor is a corporation, the responsible licensed plumber individual must be 38.12an officer or managing employee. If the responsible licensed plumber individual is a 38.13managing employee, the responsible licensed plumber individual 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 individual 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 (a) The 38.21bond and insurance requirements of paragraphs (b) and (c) apply to each person who 38.22performs or offers to perform plumbing work within the state, including any person who 38.23offers to perform or performs sewer or water service installation without a contractor's 38.24license. If the person performs or offers to perform any plumbing work other than sewer 38.25or water service installation, then the person must meet the requirements of paragraphs 38.26(b) and (c) as a condition of holding a contractor's license.38.27(b) Each person who performs or offers to perform plumbing work within the state38.28shall 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 (c) Each person who 39.4performs or offers to perform plumbing work within the state 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. Each licensed master plumber person who 39.9performs or offers to perform plumbing work within the state 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 person who is in compliance with the bond and insurance requirements 39.16of subdivision 2, employs a licensed plumber, the or an individual who has completed 39.17pipe-laying training as prescribed by the commissioner, that 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 and individuals who have completed pipe-laying training 39.26as prescribed by the commissioner, 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 or registered unlicensed individual. Licensed individuals 40.1shall not permit plumber's apprentices or registered unlicensed individuals to perform 40.2plumbing work except under the direct supervision of an individual actually licensed to 40.3perform such work. Plumber's apprentices and registered unlicensed individuals 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 or registered unlicensed individuals 40.7to perform plumbing work shall maintain records establishing compliance with this 40.8subdivision that shall identify all plumber's apprentices and registered unlicensed 40.9individuals 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 Plumbing 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; and41.14(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 individual by an employer, 41.17the fee is $100.41.18(f) The commissioner shall charge each person giving bond under section 326B.46, 41.19subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a 41.20licensed contractor.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:42.2326B.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; and42.18(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 performinglicensee's 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 regulated industry.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 50 minutes of 42.28educational content.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 means 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 industries industry. "Regulated industries industry" means 43.2residential contracting, residential remodeling, or residential roofing. Each of these is a 43.3regulated industry any business, trade, profession, or occupation that requires a license 43.4issued under this chapter or chapter 327B as a condition of doing business in Minnesota.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 regulated 43.13industries pursuant to sections 326B.802 to 326B.885 this chapter and other relevant43.14applicable 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 as part of the course, 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, 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 classroom 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    (e) 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 credits for completion of an approved course may only be 44.4used once for renewal of a specific license.44.5    (e)(f) 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 in the regulated 44.8industry, workforce safety, or the business of running a residential construction company44.9in the regulated industry. Courses may also address the professional responsibility or 44.10ethical obligations of residential contractors to homeowners and suppliers a licensee 44.11related to work in the regulated industry;44.12(2) the following courses may be automatically approved if they are specifically 44.13designed for the residential construction regulated industry and are in compliance with 44.14paragraph (f) (g):44.15(i) courses approved by the Minnesota Board of Continuing Legal Education; or44.16(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 regulated industry; and44.19(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)(g) 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 regulated 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; or45.1(6) courses where any of the educational content of the course is the State Building 45.2Code that include code provisions that have not been adopted into the State Building 45.3Code unless the course materials clarify whether or notthat 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) Minnesota state colleges and 45.9universities that are accredited to provide Internet education by the Higher Learning 45.10Commission are exempt from the requirements of this subdivision.45.11(b) 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)(c) 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 and shall 46.20include the name of the provider, date and location of the course, educational program 46.21identification that was provided by the department, hours of instruction or continuing 46.22education hours, and licensee's or attendee's name and license, certification, or registration 46.23number or the last four digits of the licensee's or attendee's Social Security number; and46.24(23) allow the commissioner the ability to electronically review the class to 46.25determine if credit can be approved.46.26(c)(d) 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 by the commissioner 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 on a form approved by the 47.12commissioner at least 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 shall 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 in the regulated industry.47.32(c) A sponsor may also be an instructor.47.33(d) Failure to comply with requirementsparagraph (b) 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 the regulated industry;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 instructor48.12evaluations and. Evaluations must be completed by students at the time the course is 48.13offered;48.14(6) furnishing the commissioner, upon request, with copies of the 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)(7) 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)(8) 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)(9) attending workshops or instructional programs as reasonably required by 48.28the commissioner;48.29    (9)(10) providing course completion certificates within ten days of, but not before, 48.30completion of the entire course. A sponsor may require payment of the course tuition as a 48.31condition of receiving the course completion certificate. Course completion certificates 48.32must be completed in their entirety. Course completion certificates mustand shall contain 48.33the following:48.34(i) the statement: "If you have any comments about this course offering, please mail 48.35them to the Minnesota Department of Labor and Industry.";49.1(ii) 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, 49.3name of the provider, date and location of the course, educational program identification 49.4provided by the department, and hours of instruction or continuing education hours; and49.5(iii) the licensee's or attendee's name and license, certificate, or registration number 49.6or the last four digits of the licensee's or attendee's Social Security number; and49.7    (10)(11) 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 regulated industry; or49.22(4) demonstrated expertise in the subject area being taught. Instructors providing 49.23instruction related to electricity, plumbing, or high pressure piping systems must comply 49.24with all applicable continuing education rules adopted by the Board of Electricity, the 49.25Plumbing Board, or the Board of High Pressure Piping Systems.49.26    (c) ApprovedQualified continuing education 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; and49.33    (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, promote, or disparage the specific services, products, processes, 50.6procedures, or practices of a particular business person in the regulated industry;50.7    (2) encourage or recruit individuals students 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 reasonably 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; or50.20    (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 conviction or disciplinary action 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. Fees Course tuition.Fees Tuition 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 tuition 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 tuition 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 ....... (regulated 51.13industry) 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 students 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 (insert regulated industry) 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 reports or certificates. A licensee, its qualified person52.2qualifying individual, or an applicant found to have falsified an education report or 52.3certificate to the commissioner shall be considered to have violated the laws relating to 52.4the regulated 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 the enforcement provisions of section 326B.082.52.7    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 credits must 53.4be reported by the sponsor 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 36th 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)(2) initial sponsor approval, $100. Initial sponsor approval expires on the last 53.21day of the 24th month after the sponsor is approved; and53.22    (4)(3) renewal of sponsor approval, $20 $100. 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:53.25326B.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(d) Each person giving bond under this section shall pay a biennial bond filing fee of 54.9$100 to the commissioner of labor and industry. 54.10EFFECTIVE DATE.This section is effective January 1, 2012. 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; and55.4    (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 any 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 or any costs not directly related to the value difference between what was contracted 55.11for and what was provided. 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. The 56.10commissioner or the owner or lessee may seek 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 156.26This 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. For 56.31the purpose of complying with the requirements of section 327B.06, a licensed retailer or 56.32limited retailer shall retain at least one copy of the form required under this subdivision.

56.33Complies ..........Correction required ..........56.34Initialed 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)).

57.5Complies ..........Correction required ..........57.6Initialed 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.

57.10Complies ..........Correction required ..........57.11Initialed 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.

57.14Complies ..........Correction required ..........57.15Initialed 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.

57.18Complies ..........Correction required ..........57.19Initialed 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.

57.25Complies ..........Correction required ..........57.26Initialed 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.

57.30Complies ..........Correction required ..........57.31Initialed 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.

58.1Complies ..........Correction required ..........58.2Initialed 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.

58.5Complies ..........Correction required ..........58.6Initialed 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.

58.13Signature of Purchaser(s) of Home58.14..............................date............................................................date..............................58.15......................................................................................................................................58.1658.17Print name as appears on purchase 
                  		agreementPrint name as appears on purchase 
                  		agreement58.18Signature of Seller(s) of Home58.19..............................date............................................................date..............................58.20......................................................................................................................................58.21Print name and license number, if applicablePrint name and license number, if applicable58.22(Street address of home at time of sale)58.23................................................................................................................................58.24(City/State/Zip).......................................................................................................58.25Name of manufacturer of home............................................................................58.26Model and year.....................................................................................................58.27Serial number........................................................................................................"

58.28EFFECTIVE DATE.This section is effective the day following final enactment.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 for a new 58.31or used manufactured home that is submitted to the local building official, third-party 58.32inspector, or the department, stamped by a licensed professional engineer or architect, and 58.33is as being in compliance with either the federal installation standards in effect at the date 58.34of manufacture, the manufacturer's installation manual,  or the Minnesota State Building 58.35Code, when applicable, shall be issued a permit by the department within ten days of 58.36being received by the approving authority.59.1EFFECTIVE DATE.This section is effective the day following final enactment.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 59.4homes. (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.59.23EFFECTIVE DATE.This section is effective the day following final enactment.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 WARRANTY60.5It 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: .......

61.1Signature of Purchaser(s)61.2..............................date............................................................date..............................61.3......................................................................................................................................61.4Print namePrint name61.561.6(Street address of location where 
                  		manufactured home is being reinstalled)61.7..............................................................................................................................61.8(City/State/Zip)....................................................................................................61.9Name of manufacturer of home.........................................................................61.10Model and year...................................................................................................61.11Serial number.....................................................................................................

61.12Name of licensed installer and license number or homeowner responsible for the 61.13installation of the home as described above.

61.14Installer name:...................................................................................................61.15License number:................................................................................................"

61.16EFFECTIVE DATE.This section is effective the day following final enactment.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. Municipalities which have adopted the State Building Code may 61.22provide installation inspection and plan review services in noncode areas of the state.61.23EFFECTIVE DATE.This section is effective the day following final enactment.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. Fees 62.2for inspections in areas that have not adopted the State Building Code must be equal to 62.3the fees for inspections in code areas of the state. Third party vendors may charge their 62.4usual and normal charge for inspections.62.5EFFECTIVE DATE.This section is effective the day following final enactment.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; or63.7    (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) If the unencumbered fund balance in the manufactured home relocation trust fund 63.12is less than $1,000,000 as of June 30 of each year, 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 that63.15year. The commissioner of management and budget shall deposit the any 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 whether funds are being collected for that year, information about 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. If assessed under 63.21this paragraph, 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.63.31EFFECTIVE DATE.This section is effective the day following final enactment.63.32    Sec. 57. REVISOR'S INSTRUCTION.63.33The revisor of statutes shall renumber each section of Minnesota Statutes listed in 63.34column A with the number listed in column B. The revisor shall also make necessary 63.35cross-reference changes consistent with the renumbering.

64.1Column AColumn B64.2326B.82, subd. 2326B.091, subd. 2a64.3326B.82, subd. 3326B.091, subd. 2b64.4326b.82, subd. 5326B.091, subd. 2c64.5326B.82, subd. 7326B.091, subd. 4a64.6326B.82, subd. 8326B.091, subd. 5a64.7326B.82, subd. 9326B.091, subd. 5c64.8326B.82, subd. 10326B.091, subd. 764.9326B.821, subd. 4326B.0981, subd. 1764.10326B.821, subd. 5326B.0981, subd. 364.11326B.821, subd. 5a326B.0981, subd. 464.12326B.821, subd. 6326B.0981, subd. 564.13326B.821, subd. 7326B.0981, subd. 664.14326B.821, subd. 8326B.099, subd. 164.15326B.821, subd. 9326B.099, subd. 264.16326B.821, subd. 10326B.099, subd. 364.17326B.821, subd. 11326B.099, subd. 464.18326B.821, subd. 12326B.0981, subd. 764.19326B.821, subd. 13326B.0981, subd. 864.20326B.821, subd. 14326B.0981, subd. 964.21326B.821, subd. 15326B.0981, subd. 1064.22326B.821, subd. 16326B.0981, subd. 1164.23326B.821, subd. 17326B.099, subd. 564.24326B.821, subd. 18326B.0981, subd. 1264.25326B.821, subd. 19326B.0981, subd. 1364.26326B.821, subd. 20326B.0981, subd. 1464.27326B.821, subd. 22326B.0981, subd. 264.28326B.821, subd. 23326B.0981, subd. 1564.29326B.821, subd. 24326B.0981, subd. 16

64.30    Sec. 58.  REPEALER.64.31Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821, 64.32subdivision 3, are repealed.64.33EFFECTIVE DATE.This section is effective January 1, 2012.