SF 4555
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 10:35 a.m.
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A bill for an act
relating to state government; changing copy numbers for legislative manual;
changing provisions for business filings, energy and water use in state facilities,
enterprise sustainability, grant management, pharmacy benefit manager selection,
historic site management, lien notice, public television block grant eligibility,
attorney general civil actions, barbers, and cosmetologists; modifying provisions
for local government elections, organization, investments, personnel structure, and
financing of public projects; dedicating Snow Professionals Appreciation Month
and Hmong American Heritage Week; designating the state sled; extending the
Legislative Commission on Cybersecurity; requiring payment transparency;
defining terms; amending Minnesota Statutes 2024, sections 3.888, subdivision
7; 5.02; 5.08; 5.23, subdivision 1; 15.72, by adding a subdivision; 16B.32,
subdivisions 1, 2, by adding subdivisions; 16B.372, subdivision 1; 16B.97,
subdivisions 4, 5; 16B.98, subdivision 11; 16B.991, subdivision 1; 43A.231,
subdivision 5; 118A.09, subdivisions 2, 4, by adding a subdivision; 129D.13,
subdivision 1; 138.669; 154.001, subdivision 2; 154.003; 154.01; 154.02,
subdivisions 1, 4, by adding subdivisions; 154.05; 154.07, subdivision 1, by adding
a subdivision; 154.08; 154.09; 154.11, subdivision 1; 155A.20; 155A.23,
subdivisions 4, 5, 8, 9, 10, 18, by adding a subdivision; 155A.25, subdivisions 1a,
5, 7; 155A.27, subdivisions 5a, 10; 155A.271, subdivision 2; 155A.29, subdivision
2; 155A.30, subdivisions 3, 4, 5, 6, 7, 8, 9, 11, 12; 155A.31; 155A.32; 155A.33,
subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 268.058, subdivision 1;
365.05; 365.50, subdivisions 1, 2; 367.03, subdivision 2; 367.12; 367.161; 379.01,
subdivision 3; 383A.281, subdivision 13; 383A.283, subdivisions 2, 3; 383A.284,
subdivisions 1, 2, 3, 4, 5; 383A.285, subdivisions 2, 3, 4, 5, 10; 383A.286,
subdivisions 2, 3; 383A.288, subdivisions 5, 6; 383A.289, subdivisions 1, 3;
383A.291, subdivision 1a; 383A.292, subdivisions 1, 2; 383A.294, subdivision 6;
383A.295, subdivisions 1, 2; 429.011, subdivision 2a; 429.021, subdivision 1;
444.075, subdivision 1; Minnesota Statutes 2025 Supplement, section 15A.082,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 1;
10; 43A; 358; repealing Minnesota Statutes 2024, sections 383A.298; 383A.301;
462.357, subdivision 5; Laws 2017, First Special Session chapter 4, article 1,
section 29; Minnesota Rules, parts 2100.2500; 2100.2900; 2100.3000; 2100.3200;
2100.3300; 2100.4500; 2100.5200, subparts 1, 2, 5; 2100.5300; 2100.6000.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT
Section 1.
new text begin
[1.1494] STATE SLED.
new text end
new text begin
The toboggan is the official sled of the state of Minnesota.
new text end
Sec. 2.
Minnesota Statutes 2024, section 3.888, subdivision 7, is amended to read:
Subd. 7.
Expiration.
The commission expires December 31, deleted text begin 2028deleted text end new text begin 2035new text end .
Sec. 3.
Minnesota Statutes 2024, section 5.02, is amended to read:
5.02 ASSISTANTS.
The secretary of state shall appoint deleted text begin an assistantdeleted text end new text begin a deputynew text end secretary of state, who shall
perform all the duties of the office when the secretary is absent or disabled. The secretary
may also employ deleted text begin a chief clerk, a recording clerk, and a stenographer,deleted text end new text begin and at pleasure dismiss
two additional deputies and an executive assistantnew text end who, besides the duties indicated by their
titles, shall perform such services in connection with the office as the secretary or the assistant
may require.new text begin This section does not increase the complement of the secretary of state.
new text end
Sec. 4.
Minnesota Statutes 2024, section 5.08, is amended to read:
5.08 LEGISLATIVE MANUAL.
Subdivision 1.
Preparation.
The secretary of state shall prepare, compile, edit, and
distribute for use at each regular legislative session, a convenient manual, properly indexed,
and containing: The federal and state constitutions; the acts of Congress relating to the
organization of the territory and state; the rules of order and joint rules of the two houses,
and lists of their members, committees and employees; the names of all state officials,
whether elected or appointed, and of all persons holding office from this state under the
national government; the deleted text begin placesdeleted text end new text begin municipalitiesnew text end where the said several officials reside, and
the annual compensation of each; and statistical and other information of the kind heretofore
published in the legislative manuals.
Subd. 2.
Distribution.
deleted text begin 10,000deleted text end new text begin 5,000new text end copies of the legislative manual shall be printed
and distributed as follows:
(1) up to deleted text begin 20deleted text end new text begin 5new text end copies shall be available to each member of the legislature on request;
(2) deleted text begin 50deleted text end new text begin 12new text end copies to the State Historical Society;
(3) deleted text begin 25deleted text end new text begin 2new text end copies to the state university;
(4) deleted text begin 60deleted text end new text begin 30new text end copies to the state library;
(5) deleted text begin two copiesdeleted text end new text begin one copynew text end each to the Library of Congress, the Minnesota veterans homes,
the universities, the high schools, academies, seminaries, and colleges of the state, and the
public libraries of the state;
(6) one copy each to other state institutions, the elective state officials, the appointed
heads of departments, the officers and employees of the legislature, the justices of the
supreme court, the judges of the court of appeals and the district court, the senators and
representatives in Congress from this state, and the county auditors, recorders, and attorneys;new text begin
and
new text end
(7) deleted text begin one copy to each school, to be distributed through the superintendent of each school
district; and
deleted text end
deleted text begin (8)deleted text end the remainder may be disposed of as the secretary of state deems best.
Sec. 5.
Minnesota Statutes 2024, section 5.23, subdivision 1, is amended to read:
Subdivision 1.
Failure to pay filing fee.
new text begin (a) new text end If a person files an instrument authorized
to be filed with the secretary of state with a payment order or item that is rejected or
dishonored, the secretary of state deleted text begin isdeleted text end new text begin may take the actionsnew text end authorizednew text begin under this subdivision.
new text end
new text begin (b) The secretary of state is authorized new text end to refuse the filing of further instruments submitted
by that person or on behalf of the business entity or notary on whose behalf the prior
instrument was filed or relating to the same assumed name or trademark filing.
new text begin
(c)
new text end
new text begin
If a person makes a filing related to a business entity with a payment order or item
that is rejected or dishonored, the secretary of state is authorized to terminate the business
entity and change the business entity's filing status to inactive.
new text end
new text begin (d) new text end The secretary may deleted text begin alsodeleted text end pursue collection of the rejected or dishonored payment order
or item and recover the face amount of the payment order or item, any service fee, and any
additional collection costs incurred to collect the amount. If the payment order or item is
honored, or the delinquent amount is paid, the secretary of state must resume filing
instruments submitted by that person or on behalf of that business entity or notary or relating
to the same assumed name or trademark filing as of the date the payment order or item is
honored and an instrument is presented for filing.
new text begin (e) new text end The secretary may impose restrictions on the manner of payment that will be accepted
for any future filings.
new text begin (f) new text end This subdivision does not apply to financing statements filed under chapter 336 or
to an effective financing statement or lien notice filed under chapter 336A.
Sec. 6.
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[10.52] SNOW PROFESSIONALS APPRECIATION MONTH.
new text end
new text begin
The month of January of each year is designated as Snow Professionals Appreciation
Month in recognition of the state's desire to honor, recognize, and celebrate the contributions
of snow professionals. Minnesota has thousands of snow professionals who work tirelessly
in winter months to clear snow; keep streets, sidewalks, and recreational paths safe; plow
thousands of miles of roads; and manage ice with salt and sand application. Snow
professionals monitor winter weather and track storms to dispatch appropriate snow removal
crews and equipment. Professional snow services range from small residential shoveling
services to large commercial plowing and deicing for businesses. Snow removal services
represent a significant part of Minnesota's winter economy. The state declares that in order
to educate the public, the governor may promote and encourage the observance of Snow
Professionals Appreciation Month.
new text end
Sec. 7.
new text begin
[10.5801] HMONG AMERICAN HERITAGE WEEK.
new text end
new text begin
(a) May 14 to May 23 each year is an official week of observance to commemorate the
state's valued Hmong American heritage. During the week of observance, all residents of
the state are urged to:
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(1) recognize and honor the history, culture, traditions, and heritage of the Hmong people;
and
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(2) acknowledge the contributions of Hmong people to Minnesota.
new text end
new text begin
(b) Hmong American Heritage Week honors:
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(1) the history, heritage, and resilience of the Hmong people, including their longstanding
cultural traditions, their service and sacrifice alongside the United States during the Secret
War in Laos, and their journey as refugees to the United States and Minnesota; and
new text end
new text begin
(2) the significant contributions of Hmong Minnesotans in public service,
entrepreneurship, agriculture, education, the arts, and community life and in enriching the
cultural, civic, and economic fabric of the state.
new text end
new text begin
(c) The governor is encouraged to issue a proclamation recognizing Hmong American
Heritage Week and encouraging Minnesotans to observe Hmong American Heritage Week
through programs, ceremonies, educational activities, and community events honoring the
history, culture, traditions, and heritage of the Hmong people.
new text end
new text begin
(d) Schools, libraries, historical societies, cultural institutions, nonprofit organizations,
community groups, local governments, and residents are encouraged to organize and lead
programs, ceremonies, educational initiatives, and community events that highlight the
history, culture, traditions, resilience, and contributions of the Hmong people.
new text end
Sec. 8.
Minnesota Statutes 2024, section 15.72, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Payment information requests. new text end
new text begin
(a) Upon written request from a contractor
or subcontractor of any tier that can provide documentation of participating in the public
improvement project, a public contracting agency must provide information regarding any
progress payment, retainage payment, final payment, or other payment made by the
contracting agency.
new text end
new text begin
(b) The information provided under paragraph (a) must include:
new text end
new text begin
(1) the amount of the payment;
new text end
new text begin
(2) the date the payment was made or approved; and
new text end
new text begin
(3) a copy of the payment application submitted by the contractor.
new text end
new text begin
For highway construction contracts, a copy of the estimate or voucher generated by the
public contracting agency meets this requirement.
new text end
new text begin
(c) The public contracting agency must provide the requested information within seven
calendar days of receipt of the request.
new text end
new text begin
(d) The public contracting agency must make available to subcontractors the contact
information for the public contracting agency for payment information under this section.
If the public contracting agency has a website, the agency must post the contact information
on the agency's public website for solicitations or bids or on another apparent location on
the agency's website. If a public contracting agency has an automated Internet-based system
to provide this information, the agency may request a requestor to use that system.
new text end
new text begin
(e) No cost or fees may be charged to the contractor or subcontractor providing
information required under this section.
new text end
Sec. 9.
Minnesota Statutes 2025 Supplement, section 15A.082, subdivision 3, is amended
to read:
Subd. 3.
Submission of recommendations and determination.
(a) By September 1 in
each even-numbered year, the Compensation Council shall submit to the speaker of the
house and the president of the senate salary recommendations for justices of the supreme
court, and judges of the court of appeals and district court. The recommended salaries take
effect on July 1 of the next year and July 1 of the subsequent even-numbered year, unless
the legislature by law provides otherwise. The salary recommendations take effect if an
appropriation of money to pay the recommended salaries is enacted after the
recommendations are submitted and before their effective date. Recommendations may be
expressly modified or rejected.
(b) By deleted text begin Aprildeleted text end new text begin Maynew text end 1 in each odd-numbered year, the Compensation Council must prescribe
salaries for constitutional officers, and for the agency and metropolitan agency heads
identified in section 15A.0815. The prescribed salary for each office must take effect July
1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council determines thereafter, unless the legislature by law provides otherwise. An
appropriation by the legislature to fund the relevant office, branch, or agency of an amount
sufficient to pay the salaries prescribed by the council constitutes a prescription by law as
provided in the Minnesota Constitution, article V, sections 4 and 5.
(c) By April 1 in each odd-numbered year, the Compensation Council must prescribe
daily compensation for voting members of the Direct Care and Treatment executive board.
The recommended daily compensation takes effect on July 1 of that year and July 1 of the
subsequent even-numbered year and at whatever interval the council recommends thereafter,
unless the legislature by law provides otherwise.
Sec. 10.
Minnesota Statutes 2024, section 16B.32, subdivision 1, is amended to read:
Subdivision 1.
Alternative energy sources.
(a) If the incorporation of cost-effective
energy efficiency measures into the design, materials, and operations of a building or major
building renovation subject to section 16B.325 is not sufficient to meet Sustainable Building
2030 energy performance standards required under section 216B.241, subdivision 9,
cost-effective renewable energy sources or solar thermal energy systems, or both, must be
deployed to achieve those standards.
(b) The commissioners of administration and commerce shall review compliance of
building designs and plans subject to this section with Sustainable Building 2030 performance
standards developed under section 216B.241, subdivision 9, and shall make recommendations
to the legislature as necessary to ensure that those performance standards are met.
(c) For deleted text begin thedeleted text end purposes of this section:
new text begin
(1) "benchmark" has the meaning given in section 216C.331, subdivision 1, paragraph
(c);
new text end
new text begin
(2) "energy" has the meaning given in section 216C.331, subdivision 1, paragraph (h);
new text end
new text begin
(3) "energy conservation" has the meaning given in section 216B.2402, subdivision 5,
and for energy sources identified in section 216C.331, subdivision 1, paragraph (h);
new text end
new text begin
(4) "energy conservation improvement" has the meaning given in section 216B.2402,
subdivision 6;
new text end
deleted text begin (1)deleted text end new text begin (5)new text end "energy efficiency" has the meaning givennew text begin for energynew text end in section 216B.2402,
subdivision 7;
deleted text begin (2)deleted text end new text begin (6)new text end "renewable energy" has the meaning given in section 216B.2422, subdivision 1,
paragraph (c), and includes hydrogen generated from wind, solar, or hydroelectric; deleted text begin and
deleted text end
deleted text begin (3)deleted text end new text begin (7)new text end "solar thermal energy systems" has the meaning given to "qualifying solar thermal
project" in section 216B.2411, subdivision 2, paragraph (e)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(8) "water conservation" means an action that results in the net reduction of water
consumption;
new text end
new text begin
(9) "water conservation improvement" means a project or program that results in the
efficient use and conservation of water; and
new text end
new text begin
(10) "water efficiency" means measures or programs designed to use less water to
accomplish the same outcome, including reducing input or wastewater.
new text end
Sec. 11.
Minnesota Statutes 2024, section 16B.32, subdivision 2, is amended to read:
Subd. 2.
Energy deleted text begin conservation goalsdeleted text end new text begin shared savings programnew text end .
The commissioner of
administration in consultation with the commissioner of commerce, in cooperation with
one or more public utilities or comprehensive energy services providers, may conduct a
shared-savings program involving energy conservation expenditures on state-owned and
wholly state-leased buildings. The public utility or energy services provider shall contract
with appropriate state agencies to implement energy efficiency improvements in the selected
buildings. A contract must require the public utility or energy services provider to include
all energy efficiency improvements in selected buildings that are calculated to achieve a
cost payback within ten years. The contract must require that the public utility or energy
services provider be repaid solely from energy cost savings and only to the extent of energy
cost savings. Repayments must be interest-free. The goal of the program in this paragraph
is to demonstrate that through effective energy conservation the total energy consumption
per square foot of state-owned and wholly state-leased buildings could exceed existing
energy code by at least 30 percent. deleted text begin All agencies must report to the commissioner of
administration their monthly energy usage, building schedules, inventory of
energy-consuming equipment, and other information as needed by the commissioner to
manage and evaluate the program.
deleted text end
Sec. 12.
Minnesota Statutes 2024, section 16B.32, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Energy and water data collection. new text end
new text begin
An agency with the custodial control for
a facility must report the material energy and water consumption and cost data for the facility
to the commissioner on a basis determined by the commissioner.
new text end
Sec. 13.
Minnesota Statutes 2024, section 16B.32, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Energy and water goals; conservation improvement plans. new text end
new text begin
An agency must
maintain energy and water benchmarks and goals, developed in partnership with the
commissioner, for buildings under the agency's custodial control. Each state agency must
maintain a plan to implement energy and water conservation improvements, the cost of
which can be recuperated within 15 years from the energy savings achieved by the
improvements, for each facility for which the agency has custodial control.
new text end
Sec. 14.
Minnesota Statutes 2024, section 16B.372, subdivision 1, is amended to read:
Subdivision 1.
Enterprise sustainability.
The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
(1) managing a sustainability metrics and reporting system, including new text begin setting
enterprise-wide goals, and publishing new text end a public dashboard that allows Minnesotans to track
progress andnew text begin thatnew text end is updated annually;
(2) assisting agencies in developing and executing sustainability plans; and
(3) implementing the state building energy conservation improvement revolving loan
in deleted text begin Minnesota Statutes,deleted text end sections 16B.86 and 16B.87.
Sec. 15.
Minnesota Statutes 2024, section 16B.97, subdivision 4, is amended to read:
Subd. 4.
Duties.
(a) The commissioner shall:
(1) create general grants management policies and procedures that are applicable to all
executive agencies. The commissioner may approve exceptions to these policies and
procedures deleted text begin for particular grant programsdeleted text end . Exceptions shall expire or be renewed after five
years. Executive agencies shall retain management of individual grants programs;
(2) provide a central point of contact concerning statewide grants management policies
and procedures;
(3) serve as a resource to executive agencies in such areas as training, evaluation,
collaboration, and best practices in grants management;
(4) ensure grants management needs are considered in the development, upgrade, and
use of statewide administrative systems and leverage existing technology wherever possible;
(5) oversee and approve future professional and technical service contracts and other
information technology spending related to executive agency grants management systems
and activities;
(6) provide a central point of contact for comments about executive agencies violating
statewide grants governance policies and about fraud and waste in grants processes;
(7) forward received comments to the appropriate agency for further action, and may
follow up as necessary;
(8) provide a single listing of all available executive agency competitive grant
opportunities and resulting grant recipients;
(9) selectively review development and implementation of executive agency grants,
policies, and practices; and
(10) selectively review executive agency compliance with best practices.
(b) The commissioner may determine that it is cost-effective for agencies to develop
and use shared grants management technology systems. This system would be governed
under section 16E.01, subdivision 3, paragraph (b).
Sec. 16.
Minnesota Statutes 2024, section 16B.97, subdivision 5, is amended to read:
Subd. 5.
Data classification.
Data maintained by the commissioner that identify a person
providing comments to the commissioner under subdivision 4, paragraph (a), clauses (6)
and (7), are private and nonpublic data deleted text begin but may be shared with the executive agency that is
the subject of the commentsdeleted text end .
Sec. 17.
Minnesota Statutes 2024, section 16B.98, subdivision 11, is amended to read:
Subd. 11.
Encumbrance exception.
Notwithstanding subdivision 5, paragraph (a),
clause deleted text begin (2)deleted text end new text begin (3)new text end , or section 16C.05, subdivision 2, paragraph (a), clause (3), agencies may
permit a specifically named, legislatively appropriated, noncompetitive grant recipient to
incur eligible expenses based on an agreed upon work plan and budget for up to 60 days
prior to an encumbrance being established in the accounting system.
Sec. 18.
Minnesota Statutes 2024, section 16B.991, subdivision 1, is amended to read:
Subdivision 1.
Criminal conviction.
Each grant agreement subject to sections 16B.97
and 16B.98 must provide that the agreement will immediately be terminated if the recipient
is convicted of a criminal offense relating to a state grant agreement.new text begin "Recipient" includes
individuals, entities, and key personnel of entities, including board members, officers,
executives, employees, or agents with authority over or access to grant funds, and any
individual in a position of fiduciary responsibility related to the grant.
new text end
Sec. 19.
new text begin
[43A.205] TRAINING EMPLOYEES ON PREVENTING, RECOGNIZING,
AND REACTING TO FRAUD.
new text end
new text begin
The commissioner of management and budget must provide annual training to state
employees on preventing, recognizing, and reacting to suspected fraud or misuse of state
funds. The training must highlight the legal requirements of the employee to report fraud
and must require each employee to sign an acknowledgment that the employee has completed
the annual training, and that the employee is aware of the consequences for failing to report
fraud and to make a payment on a claim or demand in violation of section 609.455.
new text end
Sec. 20.
Minnesota Statutes 2024, section 43A.231, subdivision 5, is amended to read:
Subd. 5.
Report; savings determination; process for selecting successor pharmacy
benefit manager.
(a) The commissioner of management and budget, with the assistance of
an actuarial consultant, shall compare the following: (1) actual, electronically adjudicated
prescription drug costs under the first two years of the contract that begins on January 1,
2023, with a pharmacy benefit manager that was selected by the reverse auction; and (2) a
projection of what prescription drug costs would have been for those same two years under
the pharmacy benefit manager contract in effect from 2018 to 2022, with appropriate
adjustment for any adopted formulary or beneficiary utilization changes. The projection
must use industry-recognized data sources. The commissioner of management and budget
shall report the results of the comparison to the legislative auditor and to the chairs and
ranking minority members of the committees in the senate and house of representatives
with jurisdiction over state government finance and policy by March 1, 2025.
(b) The commissioner of management and budget must require the actuarial consultant
to take appropriate measures to ensure that the consultant's work is not compromised by a
conflict of interest.
(c) By April 1, 2025, the legislative auditor shall provide a report to the commissioner
of management and budget and to the chairs and ranking minority members of the committees
in the senate and house of representatives with jurisdiction over state government finance
and policy. The legislative auditor's report must make a determination as to whether the
commissioner's report accurately performs the comparison required under paragraph (a).
(d) The technology platform vendor shall provide to the commissioner of management
and budget and to the legislative auditor the electronically adjudicated prescription drug
data and any other support or assistance required by the commissioner of management and
budget to prepare a report and for the legislative auditor to validate the accuracy of the
commissioner's results of the comparison, by deadlines established by the commissioner of
management and budget and the legislative auditor. Individual-identifying data received
from the technology platform vendor is private data on individuals, as defined by section
13.02, subdivision 12.
(e) If the commissioner of management and budget determines that savings on
prescription drug costs were not achieved, based on the comparison required under paragraph
(a), with appropriate adjustment for any adopted formulary or beneficiary utilization changes,
the commissioner may forego the use of a reverse auction for procurement of a successor
pharmacy benefit manager contract. If the commissioner of management and budget
determines that savings have been achieved, the commissioner must select the successor
pharmacy benefit manager contract using the reverse auction process described in this
section. If the commissioner's comparison in paragraph (a) finds that savings are not achieved,
the commissioner's report under paragraph (a) must include the commissioner's findings
that support a determination that savings were not achieved, analysis of the factors that
caused a failure to achieve savings, and recommendations for how savings could be achieved
in the next contract with a pharmacy benefit manager.new text begin If the commissioner's comparison in
paragraph (a) is inconclusive, the commissioner may forego the use of a reverse auction for
procurement of a successor pharmacy benefit manager contract.
new text end
Sec. 21.
Minnesota Statutes 2024, section 129D.13, subdivision 1, is amended to read:
Subdivision 1.
Distribution.
The commissioner shall distribute the money provided by
sections 129D.11 to 129D.13. Annually the commissioner shall make block grants which
shall be distributed in equal amounts to public stations for operational costs. The
commissioner shall allocate money appropriated for the purposes of sections 129D.11 to
129D.13 in such a manner that each eligible public station receives a block grant. In addition,
the commissioner shall make matching grants to public stations. Matching grants shall be
used for operational costs and shall be allocated using the procedure developed for
distribution of state money under this section for grants made in fiscal year 1979. No station's
matching grant in any fiscal year shall exceed the amount of Minnesota-based contributions
received by that station in the previous fiscal year. Grants made pursuant to this subdivision
may only be given to those federally licensed stations that deleted text begin aredeleted text end new text begin werenew text end certified as eligible for
community service grants through the Corporation for Public Broadcastingnew text begin in 2024new text end . Grant
funds not expended by a station during the first year of the biennium do not cancel and may
be carried over into the second fiscal year.
Sec. 22.
Minnesota Statutes 2024, section 138.669, is amended to read:
138.669 CONTRACTS FOR HISTORIC SITE MANAGEMENT.
The Minnesota Historical Society may contract deleted text begin with a county, municipality, or a county
or local historical societydeleted text end for the management and operation of sites in the state historic site
network. Notwithstanding section 138.668, the contract may provide for the retention of
admission fees received by the management unit and for grants-in-aid to the management
unit for use in the site's operation and maintenance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2024, section 268.058, subdivision 1, is amended to read:
Subdivision 1.
Lien.
(a) Any amount due under this chapter or section 116L.20, from
an applicant or an employer, becomes a lien upon all the property, within this state, both
real and personal, of the person liable, from the date of assessment. The term "date of
assessment" means the date the obligation was due.
(b) The lien is not enforceable against any purchaser, mortgagee, pledgee, holder of a
Uniform Commercial Code security interest, mechanic's lien, or judgment lien creditor,
until a notice of lien has been filed with the county recorder of the county where the property
is situated, or in the case of personal property belonging to a nonresident person in the Office
of the Secretary of State. When the notice of lien is filed with the county recorder, the fee
for filing and indexing is as provided in sections 272.483 and 272.484.
(c) Notices of liens, lien renewals, and lien releases, in a form prescribed by the
commissioner, may be filed with the county recorder or the secretary of state by maildeleted text begin ,deleted text end new text begin ornew text end
personal deliverydeleted text begin , or by electronic transmission into the computerized filing system of the
secretary of state. The secretary of state must, on any notice filed with that office, transmit
the notice electronically to the appropriate county recorder. The filing officer, whether the
county recorder or the secretary of state, must endorse and index a printout of the notice as
if the notice had been mailed or delivereddeleted text end .
(d) County recorders and the secretary of state must enter information on lien notices,
renewals, and releases into the deleted text begin central database of the secretary of statedeleted text end new text begin respective databases
established for lien notices, renewalnew text end new text begin s, and releasesnew text end . deleted text begin For notices filed electronically with the
county recorders, the date and time of receipt of the notice and county recorder's file number,
and for notices filed electronically with the secretary of state, the secretary of state's recording
information, must be entered into the central database before the close of the working day
following the day of the original data entry by the commissioner.
deleted text end
(e) The lien imposed on personal property, even though properly filed, is not enforceable
against a purchaser of tangible personal property purchased at retail or personal property
listed as exempt in sections 550.37, 550.38, and 550.39.
(f) A notice of lien filed has priority over any security interest arising under chapter 336,
article 9, that is perfected prior in time to the lien imposed by this subdivision, but only if:
(1) the perfected security interest secures property not in existence at the time the notice
of lien is filed; and
(2) the property comes into existence after the 45th calendar day following the day the
notice of lien is filed, or after the secured party has actual notice or knowledge of the lien
filing, whichever is earlier.
(g) The lien is enforceable from the time the lien arises and for ten years from the date
of filing the notice of lien. A notice of lien may be renewed before expiration for an additional
ten years.
(h) The lien is enforceable by levy under subdivision 2 or by judgment lien foreclosure
under chapter 550.
(i) The lien may be imposed upon property defined as homestead property in chapter
510 but may be enforced only upon the sale, transfer, or conveyance of the homestead
property.
(j) The commissioner may sell and assign to a third party the commissioner's right of
redemption in specific real property for liens filed under this subdivision. The assignee is
limited to the same rights of redemption as the commissioner, except that in a bankruptcy
proceeding, the assignee does not obtain the commissioner's priority. Any proceeds from
the sale of the right of redemption are credited to the contingent account.
Sec. 24. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the section headnote of Minnesota Statutes 2024,
section 16B.32, to "ENERGY AND WATER USE."
new text end
ARTICLE 2
BOARD OF BARBER EXAMINERS
Section 1.
Minnesota Statutes 2024, section 154.001, subdivision 2, is amended to read:
Subd. 2.
Board of Barber Examiners.
(a) A Board of Barber Examiners is established
to consist of four barber members and one public member, as defined in section 214.02,
appointed by the governor.
(b) The barber members shall be persons who have practiced as registered barbers in
this state for at least five years immediately prior to their appointment; shall be graduates
from the 12th grade of a high school or have equivalent education, and shall have knowledge
of the matters to be taught in registered barber schools, as set forth in section 154.07. deleted text begin One
of the barber members shall be a member of, or recommended by, a union of journeymen
barbers that has existed at least two years, and one barber member shall be a member of,
or recommended by, a professional organization of barbers.
deleted text end
Sec. 2.
Minnesota Statutes 2024, section 154.003, is amended to read:
154.003 FEES.
(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board,
shall be paid to the board. The board shall deposit the fees in the general fund in the state
treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $85;
(2) retake of written examination, $10;
(3) examination and certificate, instructor, $180;
(4) certificate, instructor, $65;
(5) temporary teacher permit, $80;
(6) temporary registered barber, military, $85;
(7) temporary barber instructor, military, $180;
(8) renewal of registration, registered barber, $80;
(9) renewal of registration, instructor, $80;
(10) renewal of temporary teacher permit, $65;
(11) student permit, $45;
(12) renewal of student permit, $25;
(13) initial shop registration, $85;
(14) initial school registration, $1,030;
(15) renewal shop registration, $85;
(16) renewal school registration, $280;
(17) restoration of registered barber registration, $95;
(18) restoration of shop registration, $105;
(19) change of ownership or location, $55;
(20) duplicate registration, $40;
(21) home study course, $75;
(22) letter of registration verification, $25; and
(23) reinspection, $100.
new text begin
(c) If the board uses a board-approved examination provider for any portion of the
comprehensive registered barber examination and the provider charges a fee, an examinee
must pay the fee directly to the provider. A fee charged by a provider under this paragraph
is separate from and not included in the fees that an examinee pays to the board.
new text end
Sec. 3.
Minnesota Statutes 2024, section 154.01, is amended to read:
154.01 REGISTRATION MANDATORY.
(a) The registration of the practice of barbering serves the public health and safety of
the people of the state of Minnesota by ensuring that individuals seeking to practice the
profession of barbering are appropriately trained in the use of the chemicals, tools, and
implements of barbering and demonstrate the skills necessary to conduct barber services in
a safe, sanitary, and appropriate environment required for infection control.
(b) No person shall practice, offer to practice, or attempt to practice barbering without
a current certificate of registration as a registered barber, issued deleted text begin pursuant to provisions of
sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to
154.28deleted text end by the Board of Barber Examiners.
(c) A registered barber must only provide barbering services in a registered barber shop
or barber school, unless prior authorization is given by the board.
(d) No person shall operate a barber shop unless it is at all times under the direct
supervision and management of a registered barber and the owner or operator of the barber
shop possesses a current shop registration card, issued to the barber shop establishment
addressdeleted text begin , under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28deleted text end by the Board of Barber Examiners.
(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering
without a current certificate of registration as a registered instructor of barbering or a
temporary permit as an instructor of barbering, as provided for the board by rule, issued
deleted text begin under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24
to 154.28deleted text end by the Board of Barber Examiners. Barber instruction must be provided in
registered barber schools only.
(f) No person shall operate a barber school unless the owner or operator possesses a
current certificate of registration as a barber school, issued deleted text begin under sections 154.001, 154.002,
154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end by the Board of Barber
Examiners.
Sec. 4.
Minnesota Statutes 2024, section 154.02, subdivision 1, is amended to read:
Subdivision 1.
What constitutes barbering.
Any one or any combination of the
following practices when done upon the head, face, and neck for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when done for payment
directly or indirectly or without payment for the public generally constitutes the practice of
barbering within the meaning of deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end : to shave the face or necknew text begin using a straight
razor or other toolnew text end , trim the beard, clean, condition, cut, color, shape, or straighten the hair
of any person of either sex for compensation or other reward received by the person
performing such service or any other person; to give facial and scalp massage with oils,
creams, lotions, or other preparations either by hand or mechanical appliances; to singe,
shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics,
powders, oils, clays, or lotions to hair, scalp, face, or neck.new text begin The removal of hair through the
process of waxing is not barbering.
new text end
Sec. 5.
Minnesota Statutes 2024, section 154.02, subdivision 4, is amended to read:
Subd. 4.
Certificate of registration.
A "certificate of registration" means the certificate
issued to an individual, new text begin a new text end barber shop, or new text begin a new text end barber school that is in compliance with deleted text begin the
requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28deleted text end new text begin this chapternew text end .
Sec. 6.
Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Straight razor. new text end
new text begin
A straight razor is a razor with a rigid steel cutting blade or a
replaceable blade that is hinged to a case that forms a handle when the razor is open for use.
new text end
Sec. 7.
Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Waxing. new text end
new text begin
Waxing is the process of removing hair from a part of the body by
applying wax and peeling off the wax.
new text end
Sec. 8.
Minnesota Statutes 2024, section 154.05, is amended to read:
154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.
deleted text begin (a)deleted text end A person is qualified to receive a certificate of registration as a registered barber if
the person:
(1) deleted text begin has successfully completed ten grades of educationdeleted text end new text begin is at least 17 years of agenew text end ;
(2) has successfully completed 1,500 hours of study new text begin of which 281 hours are classroom
hours and 1,219 hours are practical hours new text end in a board-approved barber school; and
(3) has passed deleted text begin andeleted text end new text begin a comprehensivenew text end examination deleted text begin conducted by the boarddeleted text end new text begin in accordance
with section 154.09new text end to determine new text begin the person's new text end fitness to practice barbering.
deleted text begin
(b) A first-time applicant for a certificate of registration to practice as a registered barber
who fails to pass the comprehensive examination conducted by the board and who fails to
pass a onetime retake of the written examination, shall complete an additional 500 hours
of barber education before being eligible to retake the comprehensive examination as many
times as necessary to pass.
deleted text end
Sec. 9.
Minnesota Statutes 2024, section 154.07, subdivision 1, is amended to read:
Subdivision 1.
Admission requirements; course of instruction.
No barber school shall
be approved by the board unless deleted text begin itdeleted text end new text begin the barber schoolnew text end requires, deleted text begin as a prerequisite to admission,
ten grades of an approved school or its equivalent, as determined by educational transcript,
high school diploma, high school equivalency certificate, or an examination conducted by
the commissioner of education, which shall issue a certificate that the student has passed
the required examination, and unless it requires,deleted text end as a prerequisite to graduation, a course of
instruction of at least 1,500 hours of not more than ten hours of schooling in any one working
day. The course of instruction must include the following subjects: scientific fundamentals
for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of
the head, face, and neck; elementary chemistry relating to sanitation; disinfection; sterilization
and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the
muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting
and dyeing the hair; and the chemical waving and straightening of hair.
Sec. 10.
Minnesota Statutes 2024, section 154.07, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Application review process. new text end
new text begin
(a) Upon receipt of an application to establish a
barber school, the board must consider the application during a meeting that is open to the
public. At the meeting, the applicant must demonstrate that:
new text end
new text begin
(1) the contents of the application are true, as required by chapter 154 and the rules of
the board; and
new text end
new text begin
(2) the applicant has sufficient financial resources to fund the barber school.
new text end
new text begin
(b) The board may deny an application if the board determines that the applicant's
financial resources would be insufficient to:
new text end
new text begin
(1) maintain and operate a barber school; and
new text end
new text begin
(2) ensure that the barber school would be open long enough for all registered students
to graduate from the barber school.
new text end
Sec. 11.
Minnesota Statutes 2024, section 154.08, is amended to read:
154.08 APPLICATION; FEE.
Each applicant for an examination shall:
(1) make new text begin an new text end application to the Board of Barber Examiners new text begin or a board-approved
examination provider new text end on blank forms prepared and furnished by deleted text begin it, the application todeleted text end new text begin the
board or the board-approved provider. The application mustnew text end contain proof under the
applicant's oath of the particular qualifications and identity of the applicant;
(2) provide all documentation required in support of the application;
(3) pay to the board the required fee; deleted text begin and
deleted text end
(4) upon acceptance of the notarized applicationnew text begin ,new text end present a corresponding
government-issued photo identification when the applicant appears for new text begin the new text end examinationdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(5) file an application with the board no later than the twentieth day of the month
preceding the month when the practical portion of the exam is administered.
new text end
Sec. 12.
Minnesota Statutes 2024, section 154.09, is amended to read:
154.09 EXAMINATIONS, CONDUCT AND SCOPE.
new text begin Subdivision 1. new text end
new text begin Examination dates. new text end
The board new text begin or a board-approved examination provider
new text end shall conduct new text begin practical new text end examinations of applicants for certificates of registration to practice
as registered barbers not more than deleted text begin sixdeleted text end new text begin eightnew text end times each year, at such time and place as the
board may determine. deleted text begin Additionaldeleted text end Written examinations may be scheduled deleted text begin by the boarddeleted text end and
conducted by board staff new text begin or a board-approved provider new text end as designated by the board.
new text begin Subd. 2. new text end
new text begin Documentation required. new text end
The deleted text begin proprietordeleted text end new text begin owner or operatornew text end of a barber school
must file an affidavit with the board of hours completed by students applying to take the
deleted text begin registered barberdeleted text end new text begin comprehensivenew text end examination. Students must complete the full 1,500-hour
curriculum in a barber school approved by the board deleted text begin within the past four yearsdeleted text end to be eligible
for new text begin the new text end examination. deleted text begin Barber students who have completed barber school more than four
years prior to application, that have not obtained a barber registration, license, or certificate
in any jurisdiction must complete an additional 500 hours of barber school education to be
eligible for the registered barber examination.
deleted text end
new text begin Subd. 3. new text end
new text begin Examinations for registration restoration. new text end
deleted text begin Registered barbers that faildeleted text end new text begin An
individual who failsnew text end to renew deleted text begin theirdeleted text end new text begin the individual's barbernew text end registration for four or more years
deleted text begin aredeleted text end new text begin isnew text end required to new text begin purchase and complete the "Home Study Course for Barbers" program
that was prepared and approved by the board before the individual is eligible to apply to
new text end take the deleted text begin registered barberdeleted text end new text begin comprehensivenew text end examination to reinstate the new text begin individual's new text end registration.
new text begin Subd. 4. new text end
new text begin Examinations for individuals seeking reciprocity. new text end
new text begin
An individual who must
pass the comprehensive examination under section 154.11 must purchase and complete the
"Home Study Course for Barbers" program that was prepared and approved by the board
before the individual is eligible to take the comprehensive examination.
new text end
new text begin Subd. 5. new text end
new text begin Contents of examination. new text end
The new text begin comprehensive new text end examination deleted text begin of applicants for
certificates of registration as barbers shalldeleted text end new text begin mustnew text end includenew text begin :
new text end
new text begin (1)new text end a practical deleted text begin demonstrationdeleted text end new text begin portion that consists of a haircut and three of the following
practical services that the board shall determine: a shave, a beard trim, a shampoo, a perm
wrap, a facial, or a color application;new text end and
new text begin (2)new text end a written deleted text begin test. The examination must coverdeleted text end new text begin portion that coversnew text end the subjects taught in
barber schools deleted text begin registered with the board, includingdeleted text end new text begin as required by this chapter,new text end applicable
state deleted text begin statutedeleted text end new text begin statutes,new text end and deleted text begin ruledeleted text end new text begin rulesnew text end .
new text begin Subd. 6. new text end
new text begin Examination grading. new text end
new text begin
The comprehensive examination must be graded as
follows:
new text end
new text begin
(1) the grading for the practical portion of the examination must be on a scale of one to
100, with 100 representing a perfect score. A score of 75 must be the minimum passing
score for the haircut portion and 75 must be the minimum passing score for the average of
the remaining parts of the practical examination; and
new text end
new text begin
(2) the minimum passing score for the written portion of the examination is 75 percent.
new text end
new text begin Subd. 7. new text end
new text begin Failure of examination. new text end
new text begin
(a) An individual who does not pass one portion of
the comprehensive examination within a year of passing the other portion of the
comprehensive examination must retake the entire comprehensive examination.
new text end
new text begin
(b) An individual who has failed a portion of the comprehensive examination may retake
that portion of the examination within a year of passing the other portion after meeting the
requirements of this chapter, paying any required fees, and making an application to the
board as required by section 154.08.
new text end
Sec. 13.
Minnesota Statutes 2024, section 154.11, subdivision 1, is amended to read:
Subdivision 1.
Examination of nonresidents.
(a) A person who meets all of the
requirements for barber registration in deleted text begin sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end and either has a currently
active license, certificate of registration, or equivalent as a practicing barber or instructor
of barbering as verified from another state or, if presenting foreign country credentials as
verified by a board-approved professional credential evaluation provider, which in the
discretion of the board has substantially the same requirements for registering barbers and
instructors of barbering as required deleted text begin by sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin in this chapternew text end shall, upon payment of the
required fee, be issued a certificate of registration without examination.
(b) Individuals without a current documented license, certificate of registration, or
equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber
education as verified by the barber school attended in the other state or if presenting foreign
country education as verified by a board-approved professional credential evaluation provider,
completed within the previous four years, which, in the discretion of the board, has
substantially the same requirements as required in deleted text begin sections 154.001, 154.002, 154.003,
154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end will be eligible for
examination.
(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject
to all the requirements of section 154.05.
Sec. 14. new text begin REPEALER.
new text end
new text begin
Minnesota Rules, parts 2100.2500; 2100.2900; 2100.3000; 2100.3200; 2100.3300;
2100.4500; 2100.5200, subparts 1, 2, and 5; 2100.5300; and 2100.6000,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
BOARD OF COSMETOLOGIST EXAMINERS
Section 1.
Minnesota Statutes 2024, section 155A.20, is amended to read:
155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
(a) A Board of Cosmetologist Examiners is established to consist of seven members,
appointed by the governor as follows:
(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;
(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;
(3) one new text begin advanced practice new text end esthetician;
(4) one nail technician; and
(5) one public member, as defined in section 214.02.
(b) All cosmetologist,new text begin advanced practicenew text end esthetician, and nail technician members must
be currently licensed in the field of cosmetology, nail technology, or deleted text begin esthetology,deleted text end new text begin advanced
practice esthiologynew text end in Minnesotadeleted text begin ,deleted text end new text begin ;new text end have practiced in the licensed occupation for at least five
years immediately prior to their appointmentdeleted text begin , be graduates from grade 12 of high school or
have equivalent education,deleted text end new text begin ;new text end and have knowledge of sections 155A.21 to 155A.36 and
Minnesota Rules, chapters 2105 and 2110.
(c) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements deleted text begin shalldeleted text end new text begin mustnew text end be as provided
in sections 214.07 to 214.09. The provision of staff, administrative services, and office
space; the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations deleted text begin shalldeleted text end new text begin mustnew text end be as provided in chapter 214.
(d) Members appointed to fill vacancies caused by death, resignation, or removal deleted text begin shalldeleted text end new text begin
mustnew text end serve during the unexpired term of their predecessors.
Sec. 2.
Minnesota Statutes 2024, section 155A.23, subdivision 4, is amended to read:
Subd. 4.
Cosmetologist.
A "cosmetologist" is any person who, for compensation,
performs deleted text begin thedeleted text end personal servicesdeleted text begin , as defined in subdivision 3deleted text end new text begin for the cosmetic care of the hair,
nails, and stratum corneum of the epidermal layer of the skin surfacenew text end .
Sec. 3.
Minnesota Statutes 2024, section 155A.23, subdivision 5, is amended to read:
Subd. 5.
Esthetician.
An "esthetician" is any person who, for compensation, performs
personal services for the cosmetic care of thenew text begin stratum corneum of the epidermal layer of thenew text end
skinnew text begin surfacenew text end only.
Sec. 4.
Minnesota Statutes 2024, section 155A.23, subdivision 8, is amended to read:
Subd. 8.
Manager.
A "manager" is any person who is a cosmetologist, esthetician,
advanced practice esthetician, hair technician, nail technician deleted text begin practitionerdeleted text end , or eyelash
technician, and who has a manager license and provides any services under that license, as
defined in subdivision 3.
Sec. 5.
Minnesota Statutes 2024, section 155A.23, subdivision 9, is amended to read:
Subd. 9.
Salon.
A "salon" is annew text begin indoornew text end area, room, or rooms employed to offer personal
services, as defined in subdivision 3. deleted text begin "Salon"deleted text end new text begin Salonnew text end does not include the home of a customer
but the board may adopt health and infection control rules governing practice in the homes
of customers.
Sec. 6.
Minnesota Statutes 2024, section 155A.23, subdivision 10, is amended to read:
Subd. 10.
School.
A "school" is a place where deleted text begin any person operates and maintains a class
to teachdeleted text end cosmetologynew text begin instruction or training is offerednew text end to the public for compensation.
deleted text begin "School"deleted text end new text begin Schoolnew text end does not include a place deleted text begin where the only teaching of cosmetology is done
by a licensed cosmetologist as part of a community education program of less than ten hours
duration, provided that the program does not permit practice on persons other than students
in the program, and provided that the program is intended solely for the self-improvement
of the studentsdeleted text end new text begin that only offers continuing education according to this chapter, additional
instruction or training to licensees on services within the licensee's scope of practice, or
community education programs for personal enrichmentnew text end and not as preparation for
professional practice.
Sec. 7.
Minnesota Statutes 2024, section 155A.23, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin School administrator. new text end
new text begin
"School administrator" means the proprietor, if the
applicant is a proprietorship; the managing partner, if the applicant is a partnership; the
authorized officers, if the applicant is a corporation, association, company, firm, society,
or trust; or the dean, principal, or other authorized signatory, if the applicant is a school in
the Minnesota State Colleges and Universities system or a secondary school.
new text end
Sec. 8.
Minnesota Statutes 2024, section 155A.23, subdivision 18, is amended to read:
Subd. 18.
Practitioner.
A "practitioner" is any person licensed as an operator or manager
in the practice of cosmetology, esthiology,new text begin advanced practice esthiology,new text end hair technology
services, nail technology services, or eyelash technology services.
Sec. 9.
Minnesota Statutes 2024, section 155A.25, subdivision 1a, is amended to read:
Subd. 1a.
Schedule.
(a) The schedule for fees and penalties is as provided in this
subdivision.
(b) Three-year license fees are as follows:
(1) $195 initial practitioner, manager, or instructor license, divided as follows:
(i) $155 for each initial license; and
(ii) $40 for each initial license application fee;
(2) $115 renewal of practitioner license, divided as follows:
(i) $100 for each renewal license; and
(ii) $15 for each renewal application fee;
(3) $145 renewal of manager or instructor license, divided as follows:
(i) $130 for each renewal license; and
(ii) $15 for each renewal application fee;
(4) $350 initial salon license, divided as follows:
(i) $250 for each initial license; and
(ii) $100 for each initial license application fee;
(5) $225 renewal of salon license, divided as follows:
(i) $175 for each renewal; and
(ii) $50 for each renewal application fee;
(6) $4,000 initial school license, divided as follows:
(i) $3,000 for each initial license; and
(ii) $1,000 for each initial license application fee; and
(7) $2,500 renewal of school license, divided as follows:
(i) $2,000 for each renewal; and
(ii) $500 for each renewal application fee.
(c) Penalties may be assessed in amounts up to the following:
(1) reinspection fee, $150;
(2) manager and owner with expired practitioner found on inspection, $150 each;
(3) expired practitioner or instructor found on inspection, $200;
(4) expired salon found on inspection, $500;
(5) expired school found on inspection, $1,000;
(6) failure to display current license, $100;
(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;
(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;
deleted text begin
(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;
deleted text end
deleted text begin
(10) owner and manager allowing an operator to work as an independent contractor,
$200;
deleted text end
deleted text begin
(11) operator working as an independent contractor, $100;
deleted text end
deleted text begin (12)deleted text end new text begin (9)new text end refusal or failure to cooperate with an inspection, $500;
deleted text begin (13)deleted text end new text begin (10)new text end practitioner late renewal fee, $45; and
deleted text begin (14)deleted text end new text begin (11)new text end salon or school late renewal fee, $50.
(d) Administrative fees are as follows:
(1) homebound service permit, $50 three-year fee;
(2) name change, $20;
(3) certification of licensure, $30 each;
(4) duplicate license, $20;
(5) special event permit, $75 per year;
(6) $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, deleted text begin ordeleted text end advanced practice esthetician deleted text begin one-year feedeleted text end new text begin , or eyelash techniciannew text end ;
(7) expedited initial individual license, $150;
(8) expedited initial salon license, $300;
(9) instructor continuing education provider approval, $150 each year; and
(10) practitioner continuing education provider approval, $150 each year.
Sec. 10.
Minnesota Statutes 2024, section 155A.25, subdivision 5, is amended to read:
Subd. 5.
Board must approve or deny application; timeline.
Within 15 working days
of receiving a complete application and the required feesnew text begin , if any,new text end to apply for or renew an
individual or salon license that is not an expedited license or a military license, the board
must (1) issue the license, (2) deny the license and notify the applicant of the denial, or (3)
if the conditions in subdivision 6 are met, notify the applicant that the board must conduct
additional review.
Sec. 11.
Minnesota Statutes 2024, section 155A.25, subdivision 7, is amended to read:
Subd. 7.
Temporary military license or expedited license.
Within five business days
of receiving a completed application and the required feesnew text begin , if any,new text end for an individual or salon
license that meets requirements for an expedited license or a temporary military license,
the board must: (1) issue the license; (2) deny the license and notify the applicant of the
denial; or (3) notify the applicant that the board must conduct additional review if the
application meets the conditions in subdivision 8.
Sec. 12.
Minnesota Statutes 2024, section 155A.27, subdivision 5a, is amended to read:
Subd. 5a.
Temporary military license.
The board deleted text begin shalldeleted text end new text begin mustnew text end establish temporary licenses
for a cosmetologist,new text begin anew text end hair technician,new text begin anew text end nail technician,new text begin an eyelash technician, an esthetician,new text end
andnew text begin an advanced practicenew text end esthetician in accordance with section 197.4552new text begin , subdivision 2new text end .
Sec. 13.
Minnesota Statutes 2024, section 155A.27, subdivision 10, is amended to read:
Subd. 10.
Nonresident licenses.
(a) A nonresident cosmetologist,new text begin anew text end hair techniciannew text begin , an
advanced practice estheticiannew text end ,new text begin anew text end nail technician,new text begin annew text end estheticiannew text begin , or an eyelash techniciannew text end may
be licensed in Minnesota if the individual has completed cosmetology school in a state or
country with the same or greater school hour requirements, has an active license in that state
or country, deleted text begin anddeleted text end has passed a board-approved theory and practice-based examination,new text begin and
has passednew text end the Minnesota-specific written operator examination deleted text begin for cosmetologist, hair
technician, nail technician, estheticiandeleted text end . If a test is used to verify the qualifications deleted text begin of trained
cosmetologistsdeleted text end , the test deleted text begin shoulddeleted text end new text begin mustnew text end be translated into the nonresident's native language
within the limits of available resources. Licenses deleted text begin shalldeleted text end new text begin mustnew text end not be issued under this
subdivision for managers or instructors.
(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examinationdeleted text begin ,deleted text end and the
Minnesota-specific written operator examination deleted text begin for cosmetologist, hair technician, nail
technician, estheticiandeleted text end . If a test is used to verify the qualifications deleted text begin of trained cosmetologistsdeleted text end ,
the test deleted text begin shoulddeleted text end new text begin mustnew text end be translated into the nonresident's native language within the limits
of available resources. Licenses must not be issued under this subdivision for managers or
instructors.
(c) Applicants claiming training and experience in a foreign country deleted text begin shalldeleted text end new text begin mustnew text end supply
official English-language translations of all required documents from a board-approved
source.
Sec. 14.
Minnesota Statutes 2024, section 155A.271, subdivision 2, is amended to read:
Subd. 2.
Continuing education providers.
(a) Only a board-licensed school of
cosmetology, a postsecondary institution as deleted text begin defineddeleted text end new text begin describednew text end in section 136A.103,new text begin
subdivision 1,new text end paragraph (a), or a board-recognized professional association organized under
chapter 317A may be approved by the board to offer continuing education for credit under
subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may
be offered by a:
(1) board-licensed school of cosmetology;
(2) board-recognized professional association organized under chapter 317A; or
(3) board-licensed salon.
An approved school or professional association may offer web-based continuing education
instruction to achieve maximum involvement of licensees. Continuing education providers
are encouraged to offer classes available in foreign language formats.
(b) Board approval of any continuing education provider is valid for one calendar year
and is contingent upon submission and preapproval of the lesson plan or plans with learning
objectives for the class to be offered and the payment of the application fee in section
155A.25, subdivision 1a, paragraph (d), clause (10). The board deleted text begin shalldeleted text end new text begin mustnew text end maintain a list
of approved providers and courses on the board's website. The board may revoke
authorization of a continuing education provider at any time for just cause and the board
may demand return of documents required under subdivision 3.
Sec. 15.
Minnesota Statutes 2024, section 155A.29, subdivision 2, is amended to read:
Subd. 2.
Requirements.
The conditions and process by which a salon is licensed deleted text begin shalldeleted text end new text begin
mustnew text end be established by the board by rule. In addition to those requirements, deleted text begin nodeleted text end new text begin anew text end license
deleted text begin shalldeleted text end new text begin must notnew text end be issued unless the board first determines that the conditions in clauses (1)
to (4) have been satisfied:
(1) compliance with all local and state laws, particularly relating to matters of infection
control, health, and safety;
(2) the deleted text begin employmentdeleted text end new text begin appointmentnew text end of a manager, as defined in section 155A.23, subdivision
8;
(3) if applicable, evidence of compliance with workers' compensation section 176.182;
and
(4) evidence of continued professional liability insurance coverage of at least $25,000
for each claim and $50,000 total coverage for each policy year for each deleted text begin operatordeleted text end new text begin practitionernew text end .
Sec. 16.
Minnesota Statutes 2024, section 155A.30, subdivision 3, is amended to read:
Subd. 3.
Applications.
Application for a license deleted text begin shalldeleted text end new text begin mustnew text end be prepared on forms
furnished by the board and deleted text begin shalldeleted text end new text begin mustnew text end contain the following and such other information as
may be required:
(1) the name of the school, together with ownership and controlling officers, members,
and managing employees;
(2) the specific fields of instruction which will be offered and reconciliation of the course
content and length to meet the minimum standards, as prescribed in subdivision 2;
(3) the place or places where instruction will be given;
(4) a listing of the equipment available for instruction in each course offered;
(5) the maximum enrollment to be accommodated;
(6) a listing of instructors, all of whom deleted text begin shalldeleted text end new text begin mustnew text end be licensed as provided in section
155A.27, subdivision 2, except that any school may use occasional instructors or lecturers
who would add to the general or specialized knowledge of the students but who need not
be licensed;
(7) a current balance sheet, income statement or documentation to show sufficient
financial worth and responsibility to properly conduct a school and to assure financial
resources ample to meet the school's financial obligations;
(8) other financial guarantees deleted text begin whichdeleted text end new text begin thatnew text end would assure protection of the public as
determined by rule; and
(9) a copy of all written deleted text begin material whichdeleted text end new text begin materials thatnew text end the school uses deleted text begin to solicit prospective
students, including but not limited to a tuition and fee schedule, and all catalogues, brochures
and other recruitment advertisements. Each school shall annually, on a date determined by
the board, file with the board any new or amended materials which it has distributed during
the past yeardeleted text end new text begin for prospective student enrollment, including the enrollment contract, the
student handbook, and tuition and fee informationnew text end .
Sec. 17.
Minnesota Statutes 2024, section 155A.30, subdivision 4, is amended to read:
Subd. 4.
Verification of application.
Each application deleted text begin shalldeleted text end new text begin mustnew text end be signed and certified
to under oath by deleted text begin the proprietor if the applicant is a proprietorship, by the managing partner
if the applicant is a partnership, or by the authorized officers of the applicant if the applicant
is a corporation, association, company, firm, society or trustdeleted text end new text begin a school administrator as defined
in section 155A.23, subdivision 10anew text end .
Sec. 18.
Minnesota Statutes 2024, section 155A.30, subdivision 5, is amended to read:
Subd. 5.
Conditions precedent to issuance.
A license must not be issued unless the
board first determines that the applicant has met the requirements in clauses (1) to (9):
(1) the applicant must have a sound financial condition with sufficient resources available
to meet the school's financial obligations; to refund all tuition and other charges, within a
reasonable period of time, in the event of dissolution of the school or in the event of any
justifiable claims for refund against the school; to provide adequate service to its students
and prospective students; and to maintain proper use and support of the school;
(2) the applicant must have satisfactory training facilities with sufficient tools and
equipment and the necessary number of work stations to adequately train the students
currently enrolled, and those proposed to be enrolled;
(3) the applicant must employ a sufficient number of qualified instructors trained by
experience and education to give the training contemplated;
(4) the premises and conditions under which the students work and study must be sanitary,
healthful, and safe according to modern standards;
(5) each occupational course or program of instruction or study must be of such quality
and content as to provide education and training that will adequately prepare enrolled
students for testing, licensing, and entry level positions;
(6) the school must have coverage by professional liability insurance of at least $25,000
per incident and an accumulation of $150,000 for each premium year;
(7) the applicant deleted text begin shalldeleted text end new text begin mustnew text end provide evidence of the school's compliance with section
176.182;
(8) the applicant, except the state and its political subdivisions as described in section
13.02, subdivision 11, must file with the board a continuous corporate surety bond in the
amount of no less than ten percent of the preceding year's gross income from student tuition,
fees, and other required institutional charges, but in no event less than $10,000, conditioned
upon the faithful performance of all contracts and agreements with students made by the
applicant. New schools must base the bond amount on the anticipated gross income from
student tuition, fees, and other required institutional charges for the third year of operation,
but in no event less than $10,000. The applicant must compute the amount of the surety
bond and verify that the amount of the surety bond complies with this subdivision. The
bond deleted text begin shalldeleted text end new text begin mustnew text end run to the board and to any person who may have a cause of action against
the applicant arising at any time after the bond is filed and before it is canceled for breach
of any contract or agreement made by the applicant with any student. The surety of the bond
may cancel it upon giving 60 days' notice in writing to the board and deleted text begin shalldeleted text end new text begin mustnew text end be relieved
of liability for any breach of condition occurring after the effective date of cancellation;
and
(9) the applicant must appoint a designated school manager.
Sec. 19.
Minnesota Statutes 2024, section 155A.30, subdivision 6, is amended to read:
Subd. 6.
Fees; renewals.
(a) Applications for initial license under sections 155A.21 to
155A.36 deleted text begin shalldeleted text end new text begin mustnew text end be accompanied by a nonrefundable application fee set forth in section
155A.25.
(b) License duration deleted text begin shalldeleted text end new text begin mustnew text end be three years. Each renewal application deleted text begin shalldeleted text end new text begin mustnew text end be
accompanied by a nonrefundable renewal fee set forth in section 155A.25.
(c) Application for renewal of license deleted text begin shalldeleted text end new text begin mustnew text end be made as provided in rules adopted
by the board and on forms supplied by the board.
Sec. 20.
Minnesota Statutes 2024, section 155A.30, subdivision 7, is amended to read:
Subd. 7.
Inspections.
All schools may be inspected as often as the board considers
necessary to affirm compliance. The board deleted text begin shall havedeleted text end new text begin hasnew text end the authority to assess the cost of
the inspection to the school.
Sec. 21.
Minnesota Statutes 2024, section 155A.30, subdivision 8, is amended to read:
Subd. 8.
List of licensed schools; availability.
The board deleted text begin shalldeleted text end new text begin mustnew text end maintain and make
available to the public a list of licensed schools.
Sec. 22.
Minnesota Statutes 2024, section 155A.30, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Separation ofdeleted text end School and deleted text begin professional departmentsdeleted text end new text begin salon separationnew text end .
A
school deleted text begin shalldeleted text end new text begin mustnew text end display in the entrance reception room of deleted text begin itsdeleted text end new text begin the school'snew text end student section
a sign prominently and conspicuously indicating that all work therein is deleted text begin donedeleted text end new text begin performednew text end
exclusively by students. deleted text begin Professional departments of a school shall be rundeleted text end new text begin Any salon or
business on the same premises as a school must be operatednew text end asnew text begin annew text end entirely separate and
distinct deleted text begin businessesdeleted text end new text begin businessnew text end and deleted text begin shalldeleted text end new text begin mustnew text end havenew text begin anew text end separate deleted text begin entrancesdeleted text end deleted text begin .deleted text end new text begin entrance from the
school. If a salon or business is located on the same premises as a school: (1) staff of the
salon or business must not provide services or training in the space used by the school; and
(2) staff and students of the school must not provide services or training in the space used
by the salon or business.
new text end
Nothing contained in sections 155A.21 to 155A.36 deleted text begin shall preventdeleted text end new text begin preventsnew text end a school from
charging for student work done in the school to cover the cost of materials used and expenses
incurred in and for the operation of the school. All of the student work deleted text begin shalldeleted text end new text begin mustnew text end be
prominently and conspicuously advertised and held forth as being student work and not
otherwise.
Sec. 23.
Minnesota Statutes 2024, section 155A.30, subdivision 11, is amended to read:
Subd. 11.
Instruction requirements.
(a) Instruction may be offered for no more than
ten hours per day per student.
(b) Instruction must be given within a licensed school buildingnew text begin except as provided in
paragraphs (c) and (d)new text end . deleted text begin Online instruction is permitted for board-approved theory-based
classes.
deleted text end
new text begin (c) A school may offer online instruction for theory-based portions of training. A school
must not give new text end practice-based deleted text begin classes must not be givendeleted text end new text begin trainingnew text end online.
new text begin
(d) A school may offer activities related to the training for industry educational purposes
outside of a school building when accompanied by an instructor for a maximum of one
percent of the total training hours for a course.
new text end
Sec. 24.
Minnesota Statutes 2024, section 155A.30, subdivision 12, is amended to read:
Subd. 12.
Minnesota state authorization.
A cosmetology school licensed or applying
for licensure under this section deleted text begin shalldeleted text end new text begin mustnew text end maintain recognition as an institution of
postsecondary study by meeting the following conditions, in addition to Minnesota Rules,
part 2110.0310:
(1) the school must admit as regular students only those individuals who have a high
school diploma or a diploma based on passing commissioner of education-selected high
school equivalency tests or their equivalent, or who are beyond the age of compulsory
education as prescribed by section 120A.22; and
(2) the school must be licensed by name and authorized by the Office of Higher Education
and the board to offer one or more training programs beyond the secondary level.
Sec. 25.
Minnesota Statutes 2024, section 155A.31, is amended to read:
155A.31 INSPECTIONS.
The board is responsible for inspecting salons and schools licensed pursuant to sections
155A.21 to 155A.36 to assure compliance with the requirements of sections 155A.21 to
155A.36. The board deleted text begin shalldeleted text end new text begin mustnew text end direct board resources first to the inspection of those licensees
who fail to meet the requirements of law, have indicated that they present a greater risk to
the public, or have otherwise, in the opinion of the board, demonstrated that they require a
greater degree of regulatory attention.
Sec. 26.
Minnesota Statutes 2024, section 155A.32, is amended to read:
155A.32 DISPLAY OF LICENSE.
Every holder of a license granted by the board deleted text begin shalldeleted text end new text begin mustnew text end display deleted text begin itdeleted text end new text begin the licensenew text end in a
conspicuous place in the place of business.
Sec. 27.
Minnesota Statutes 2024, section 155A.33, subdivision 1, is amended to read:
Subdivision 1.
Proceedings.
If the board, or a complaint committee if authorized by the
board, has a reasonable basis for believing that a person has engaged in or is about to engage
in a violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the board or complaint committee may proceed as provided in subdivision 2 or
3. Except as otherwise provided in this section, all hearings must be conducted in accordance
with deleted text begin the Administrative Procedure Actdeleted text end new text begin chapter 14new text end .
Sec. 28.
Minnesota Statutes 2024, section 155A.33, subdivision 2, is amended to read:
Subd. 2.
Legal actions.
(a) When necessary to prevent an imminent violation of a statute,
rule, or order that the board has adopted or issued or is empowered to enforce, the board,
or a complaint committee if authorized by the board, may bring an action in the name of
the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin
the act or practice and to enforce compliance with the statute, rule, or order. On a showing
that a person has engaged in or is about to engage in an act or practice that constitutes a
violation of a statute, rule, or order that the board has adopted or issued or is empowered
to enforce, the court deleted text begin shalldeleted text end new text begin mustnew text end grant a permanent or temporary injunction, restraining order,
or other appropriate relief.
(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when
the board shows that a person has engaged in or is about to engage in an act or practice that
constitutes violation of a statute, rule, or order that the board has adopted or issued or is
empowered to enforce.
(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person
from criminal prosecution by a competent authority, or from action by the board under
subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application
for examination, license, registration, or renewal.
Sec. 29.
Minnesota Statutes 2024, section 155A.33, subdivision 3, is amended to read:
Subd. 3.
Cease and desist orders.
(a) The board, or complaint committee if authorized
by the board, may issue and have served upon an unlicensed or unregistered person, or a
holder of a license or registration, an order requiring the person to cease and desist from an
act or practice that constitutes a violation of a statute, rule, or order that the board has adopted
or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights
of the person named in the order to request a hearing, and (2) state the reasons for the entry
of the order. No order may be issued under this subdivision until an investigation of the
facts has been conducted under section 214.10.
(b) Service of the order under this subdivision is effective when the order is personally
served on the person or counsel of record, or served by certified mail to the most recent
address provided to the board for the person or counsel of record.
(c) The board must hold a hearing under this subdivision not later than 30 days after the
board receives the request for the hearing, unless otherwise agreed between the board, or
complaint committee if authorized by the board, and the person requesting the hearing.
(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a
report within 30 days of the close of the contested case hearing. Within 30 days after
receiving the report and subsequent exceptions and argument, the board deleted text begin shalldeleted text end new text begin mustnew text end issue a
further order vacating, modifying, or making permanent the cease and desist order. If no
hearing is requested within 30 days of service of the order, the order becomes final and
remains in effect until modified or vacated by the board.
Sec. 30.
Minnesota Statutes 2024, section 155A.33, subdivision 4, is amended to read:
Subd. 4.
Licensing and registration actions.
(a) With respect to a person who is a
holder of or applicant for a license or registration under this chapter, the board may by order
deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or
registration, censure or reprimand the person, refuse to permit the person to sit for
examination, or refuse to release the person's examination grades, if the board finds that
such an order is in the public interest and that, based on a preponderance of the evidence
presented, the person has:
(1) violated a statute, rule, or order that the board has adopted or issued or is empowered
to enforce;
(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the
practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest
conduct or acts reflect adversely on the person's ability or fitness to engage in the practice
of the profession;
(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate
incompetence, or are otherwise in violation of the standards in the rules of the board, where
the conduct or acts relate to the practice of a profession regulated by this chapter;
(4) employed fraud or deception in obtaining a license, registration, renewal, or
reinstatement, or in passing all or a portion of the examination;
(5) had a license, registration, right to examine, or other similar authority revoked in
another jurisdiction;
(6) failed to meet any requirement for issuance or renewal of the person's license or
registration;
(7) advertised by means of false or deceptive statements;
(8) performed licensed services while consuming or under the influence of an intoxicant
or controlled substance;
(9) demonstrated unprofessional conduct or practice;
(10) permitted an unlicensed person under the person's supervision or control to offer
or practice services regulated by this chapter for compensation;
(11) practices, offered to practice, or attempted to practice by misrepresentation;
(12) failed to display a license or permit as required by rules adopted by the board;
(13) violated the board's rules governing infection control;
(14) refused to permit the board to make an inspection permitted or required by this
chapter, or failed to provide the board or the attorney general on behalf of the board with
any documents or records they request; or
(15) with respect to temporary suspension orders, has committed an act, engaged in
conduct, or committed practices that the board, or complaint committee if authorized by
the board, has determined may result or may have resulted in an immediate threat to the
public.
(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a
condition of continued licensure or registration, termination of suspension, reinstatement
of licensure or registration, examination, or release of examination results, require that the
person:
(1) submit to a quality review of the person's ability, skills, or quality of work, conducted
in a manner and by a person or entity that the board determines; or
(2) completes to the board's satisfaction continuing education as the board requires.
deleted text begin
(c) Service of an order under this subdivision is effective if the order is served in person,
or is served by certified mail to the most recent address provided to the board by the licensee,
registrant, applicant, or counsel of record. The order must state the reason for the entry of
the order.
deleted text end
new text begin
(c) The board or complaint committee, if authorized by the board, may issue an order
under this subdivision. The order may include conditions under paragraph (b) and civil
penalties and fees permitted under subdivision 6. The order may require a person to cease
and desist from acting in violation of paragraph (a). The order must include:
new text end
new text begin
(1) a summary of the facts that constitute each violation;
new text end
new text begin
(2) the applicable law that has been violated;
new text end
new text begin
(3) the licensing or registration action taken under paragraph (a); and
new text end
new text begin
(4) a notice to the individual that unless the individual requests a hearing within 30 days
of service of the order, the order becomes a final order of the board.
new text end
new text begin
(d) If an order under this subdivision assesses civil penalties, the order must include a
statement that, when the order becomes final, the board may file and enforce any unpaid
amount of a penalty as a judgment in district court without further notice or additional
proceedings.
new text end
new text begin
(e) A person issued an order under this subdivision may request a hearing within 30
days of the date the order is served. If a person's written request for a hearing is not received
within 30 days of the date of service of the order, the order becomes a final order and is not
subject to review by any court or agency. If a person submits to the board a timely request
for hearing, the order is stayed pending a final order. The request for a hearing under this
paragraph must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) provide the reason for the person's request for a hearing; and
new text end
new text begin
(3) be mailed or delivered to the board within 30 days of service of the order.
new text end
new text begin
(f) An order under this subdivision must be personally served or sent by first-class or
certified mail to the most recent address provided to the board by the licensee or applicant
according to Minnesota Rules, part 1400.5550, subparts 2 and 3.
new text end
deleted text begin (d)deleted text end new text begin (g)new text end Except as provided in subdivision 5, paragraph (c), all hearings under this
subdivision must be conducted in accordance with deleted text begin the Administrative Procedure Actdeleted text end new text begin chapter
14new text end .
new text begin
(h) Nothing in this chapter prevents the board from resolving any violation through
informal disposition under section 14.59.
new text end
Sec. 31.
Minnesota Statutes 2024, section 155A.33, subdivision 5, is amended to read:
Subd. 5.
Temporary suspension.
(a) When the board, or complaint committee if
authorized by the board, issues a temporary suspension order, the suspension provided for
in the order is effective on service of a written copy of the order on the licensee, registrant,
or counsel of record. The order must specify the statute, rule, or order violated by the licensee
or registrant. The order remains in effect until the board issues a final order in the matter
after a hearing, or on agreement between the board and the licensee or registrant.
(b) An order under this subdivision may (1) prohibit the licensee or registrant from
engaging in the practice of a profession regulated by the board in whole or in part, as the
facts require, and (2) condition the termination of the suspension on compliance with a
statute, rule, or order that the board has adopted or issued or is empowered to enforce. The
order must state the reasons for entering the order and must set forth the right to a hearing
as provided in this subdivision.
(c) Within ten days after service of an order under this subdivision, the licensee or
registrant may request a hearing in writing. The board must hold a hearing before its own
members within five working days of the request for a hearing. The sole issue at the hearing
must be whether there is a reasonable basis to continue, modify, or terminate the temporary
suspension. The hearing is not subject to deleted text begin the Administrative Procedure Actdeleted text end new text begin chapter 14new text end .
Evidence presented to the board or the licensee or registrant may be in affidavit form only.
The licensee, registrant, or counsel of record may appear for oral argument.
(d) Within five working days after the hearing, the board deleted text begin shalldeleted text end new text begin mustnew text end issue its order and,
if the order continues the suspension, deleted text begin shalldeleted text end new text begin mustnew text end schedule a contested case hearing within
30 days of the issuance of the order. Notwithstanding any rule to the contrary, the
administrative law judge deleted text begin shalldeleted text end new text begin mustnew text end issue a report within 30 days after the closing of the
contested case hearing record. The board deleted text begin shalldeleted text end new text begin mustnew text end issue a final order within 30 days of
receiving the report.
Sec. 32.
Minnesota Statutes 2024, section 155A.33, subdivision 6, is amended to read:
Subd. 6.
Violations; penalties; costs.
(a) The board may impose a civil penalty of up
to $2,000 per violation on a person who violates a statute, rule, or order that the board has
adopted or issued or is empowered to enforce.
(b) In addition to any penalty under paragraph (a), the board may impose a fee to
reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary
action authorized under this section, (2) the imposition of a civil penalty under paragraph
(a), or (3) the issuance of a cease and desist order. The board may impose a fee under this
paragraph when the board shows that the position of the person who has violated a statute,
rule, or order that the board has adopted or issued or is empowered to enforce is not
substantially justified unless special circumstances make such a fee unjust, notwithstanding
any rule to the contrary. Costs under this paragraph include, but are not limited to, the
amount paid by the board for services from the deleted text begin Officedeleted text end new text begin Courtnew text end of Administrative Hearings,
attorney fees, court reporter costs, witness costs, reproduction of records, board members'
compensation, board staff time, and expenses incurred by board members and staff.
(c) All hearings under this subdivision must be conducted in accordance with deleted text begin the
Administrative Procedure Actdeleted text end new text begin chapter 14new text end .
Sec. 33.
Minnesota Statutes 2024, section 155A.33, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Corrective action. new text end
new text begin
(a) When the board or complaint committee, if authorized
by the board, determines that a complaint alleging that an applicant or a licensee violated
this chapter, rules adopted under this chapter, or an order issued by the board may be
appropriately resolved through corrective action, the board or complaint committee may
enter into an agreement for corrective action with an applicant or a licensee.
new text end
new text begin
(b) An agreement for corrective action must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) describe the facts upon which the agreement is based;
new text end
new text begin
(3) describe the corrective action agreed upon by the board or complaint committee and
the applicant or licensee; and
new text end
new text begin
(4) state that the complaint upon which the agreement was based must be dismissed by
the board or complaint committee when the board or committee finds that the applicant or
licensee has successfully performed the corrective action.
new text end
new text begin
(c) The board or complaint committee may determine that the applicant or licensee has
successfully performed the corrective action if the applicant or licensee submits a request
for dismissal that documents the applicant's or licensee's successful performance of the
corrective action.
new text end
new text begin
(d) An agreement under this subdivision is not disciplinary action. An agreement under
this section is public data under chapter 13.
new text end
new text begin
(e) The board may assess a fee on an applicant or a licensee to reimburse the board for
costs related to the corrective action. The board must include a fee under this paragraph in
the corrective action agreement.
new text end
new text begin
(f) If an applicant or a licensee fails to successfully perform the corrective action within
the time specified in the agreement, the matter may be resolved through any enforcement
action authorized under this section.
new text end
Sec. 34. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must change the term "Board of Cosmetologist Examiners" to
"Board of Cosmetology" wherever the term appears in Minnesota Statutes.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
Laws 2017, First Special Session chapter 4, article 1, section 29,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
LOCAL GOVERNMENT
Section 1.
Minnesota Statutes 2024, section 118A.09, subdivision 2, is amended to read:
Subd. 2.
Additional investment authority.
Qualifying governments may invest the
amount described in subdivision 3:
(1) in index mutual funds based in the United States and indexed to a broad market
United States equity index, on the condition that index mutual fund investments must be
made directly with the main sales office of the fund; deleted text begin or
deleted text end
(2)new text begin in shares of a company that:
new text end
new text begin
(i) is registered with the United States Securities and Exchange Commission;
new text end
new text begin
(ii) concentrates in investment grade fixed income securities;
new text end
new text begin
(iii) holds, at the time of purchase, at least 80 percent of its investments in federally
insured or guaranteed securities, including by government sponsored entities; and
new text end
new text begin
(iv) has a mission, in part, to provide direct investment in local multifamily housing
development; or
new text end
new text begin (3)new text end with the Minnesota State Board of Investment subject to such terms and minimum
amounts as may be adopted by the board.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2024, section 118A.09, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Housing and redevelopment authorities; investment authority. new text end
new text begin
A housing
and redevelopment authority created in a county or statutory or home rule charter city that
meets the criteria of subdivision 1, paragraph (a), clause (1) or (2), may invest its funds in
investments that meet the criteria of subdivision 2, clause (2), subject to the limitations and
requirements for qualifying governments under subdivisions 3 and 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2024, section 118A.09, subdivision 4, is amended to read:
Subd. 4.
Approval.
Before investing pursuant to this section, the governing body of the
qualifying government must adopt a resolutionnew text begin or investment policynew text end that includes the
following statements:
(1) the governing body understands that investments under subdivision 2 have a risk of
loss;
(2) the governing body understands the type of funds that are being invested and the
specific investment itself; and
(3) the governing body certifies that all funds designated for investment through the
State Board of Investment meet the requirements of this section and the policies and
procedures established by the State Board of Investment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
new text begin
[358.155] TOWN CLERK NOTARIZATION.
new text end
new text begin
It is not a violation of chapters 357, 358, and 359 for a town clerk to notarize, attest, or
authenticate a document pursuant to official duties.
new text end
Sec. 5.
Minnesota Statutes 2024, section 365.05, is amended to read:
365.05 DEED OF TOWN LAND; FORMALITIES; INTEREST GIVEN.
A deed conveying real estate owned by a town must be signed by the chair of the town
board in an official capacity and attested by the clerk. deleted text begin The deed, witnessed and acknowledged,
must give the grantee all of the town's interest in the real estate.
deleted text end
Sec. 6.
Minnesota Statutes 2024, section 365.50, subdivision 1, is amended to read:
Subdivision 1.
When, where.
The first town meeting in a new town must be held within
deleted text begin 20deleted text end new text begin 30new text end days after the deleted text begin town is organizeddeleted text end new text begin certification of the election results of a ballot question
approving organization of the townnew text end . The county board shall name the time and place of the
meeting. The county auditor shall see that ten days' posted notice of the meeting is given
in the town.
Sec. 7.
Minnesota Statutes 2024, section 365.50, subdivision 2, is amended to read:
Subd. 2.
Meeting officers.
The voters present at the meeting shall choose one of their
number as moderator, two others as judges of election, and one as clerknew text begin for the purpose of
the meetingnew text end . Each of these meeting officers shall take and sign the oath required of a judge
of a general election. The oath may be administered to the judges by the moderator and to
the moderator by one of the judges. The meeting officers shall then run the meeting.
Sec. 8.
Minnesota Statutes 2024, section 367.03, subdivision 2, is amended to read:
Subd. 2.
New towns.
When a new town is organized and deleted text begin supervisorsdeleted text end new text begin township officersnew text end
are elected at deleted text begin adeleted text end new text begin the firstnew text end town meeting prior to the annual town election, they shall serve
only until the next annual town election. At that election three supervisors shall be elected,
one for three years, one for two years, and one for one year, so that the term of one shall
expire each year. new text begin At that election, a clerk and a treasurer shall also be elected. The clerk
shall serve until the next annual town election held in an even-numbered year, and the
treasurer shall serve until the next annual town election held in an odd-numbered year. new text end The
number of years for which each is elected shall be indicated on the ballot.
Sec. 9.
Minnesota Statutes 2024, section 367.12, is amended to read:
367.12 DEPUTY CLERK.
Each town clerk may appoint a deputy, for whose acts the clerk shall be responsible,
and who, in the clerk's absence or disability, shall perform the clerk's duties. If a town clerk
has not appointed a deputy, the town treasurer shall perform the duties of the clerk relating
to receiving candidate filings when the clerk is absent.new text begin When the office of the clerk becomes
vacant, a deputy appointed under this section may continue in office as acting clerk until
the vacancy in the office of the clerk is filled.
new text end
Sec. 10.
Minnesota Statutes 2024, section 367.161, is amended to read:
367.161 DEPUTY TREASURER.
Each town treasurer may appoint a deputy not currently serving as an elected official of
the town for whose acts the treasurer is responsible, and who, in case of the treasurer's
absence or disability, shall perform the treasurer's duties.new text begin When the office of the treasurer
becomes vacant, a deputy appointed under this section may continue in office as acting
treasurer until the vacancy in the office of the treasurer is filled.
new text end
Sec. 11.
Minnesota Statutes 2024, section 379.01, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Organizationaldeleted text end new text begin First townnew text end meeting.
If the result of an election held under this
section is in the affirmative, the county shall arrange for the holding of the first deleted text begin organizationaldeleted text end new text begin
townnew text end meeting not more than 30 days after the election in the township to be organized.
Sec. 12.
Minnesota Statutes 2024, section 383A.281, subdivision 13, is amended to read:
Subd. 13.
County personnel system.
"County personnel system" means all employees
in the departments or agencies of county government or joint city and county agencies which
receive their funding in whole or in part from the county board, including employees ofnew text begin the
following, but excluding other employees not subject to a county personnel system because
of state lawnew text end :
deleted text begin (a)deleted text end new text begin (1)new text end elected officials;
deleted text begin (b)deleted text end new text begin (2)new text end the Saint Paul-Ramsey Medical Center Commission; and
deleted text begin (c)deleted text end new text begin (3)new text end the deleted text begin court administrator of district court;deleted text end new text begin Examiner of Titles.
new text end
deleted text begin
but not including:
deleted text end
deleted text begin
(1) district court judges;
deleted text end
deleted text begin
(2) court reporters, law clerks, referees employed by the district court, and the Second
Judicial District administrator's office;
deleted text end
deleted text begin
(3) court commissioners;
deleted text end
deleted text begin
(4) the public defender;
deleted text end
deleted text begin
(5) employees of the Examiner of Titles, Agricultural Extension Service, Humane Society,
Historical Society, and Soil and Water Conservation District; and
deleted text end
deleted text begin
(6) other employees not subject to a county personnel system because of state law.
deleted text end
Sec. 13.
Minnesota Statutes 2024, section 383A.283, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Directordeleted text end new text begin Chief human resources officernew text end .
The deleted text begin directordeleted text end new text begin chief human resources
officernew text end shall be appointed by the Ramsey County deleted text begin executive directordeleted text end new text begin county managernew text end , on
the basis of merit and fitness as a result of a competitive examination, subject to the approval
of the county board. The deleted text begin directordeleted text end new text begin chief human resources officernew text end shall be in the deleted text begin classifieddeleted text end new text begin
unclassifiednew text end service deleted text begin and shall report directly to and be supervised by the Ramsey County
executive directordeleted text end .
Sec. 14.
Minnesota Statutes 2024, section 383A.283, subdivision 3, is amended to read:
Subd. 3.
Responsibilities.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall provide
personnel management services and assistance to all county departments, enforce any
personnel rules and regulations adopted by the county board, and carry out the responsibilities
set forth in sections 383A.281 to 383A.301.
Sec. 15.
Minnesota Statutes 2024, section 383A.284, subdivision 1, is amended to read:
Subdivision 1.
Rulemaking.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall prepare
rules to implement the provisions of sections 383A.281 to 383A.301. The rules shall be
effective upon approval by the county board. Prior to approval, the county board shall hold
a public hearing on the proposed rules after giving notice to county departments, employees,
affected labor organizations, and the public. The rules approved by the county board shall
have the force and effect of law. The rules may be amended or repealed in the same manner
as originally adopted.
Sec. 16.
Minnesota Statutes 2024, section 383A.284, subdivision 2, is amended to read:
Subd. 2.
Collective bargaining.
The deleted text begin executive directordeleted text end new text begin county managernew text end or the deleted text begin director'sdeleted text end new text begin
county manager'snew text end designee shall be the chief labor negotiator for the county. The deleted text begin executive
directordeleted text end new text begin county managernew text end may, as necessary and at discretion, include department heads of
affected departments in the labor negotiation process. The deleted text begin executive directordeleted text end new text begin county managernew text end
shall recommend to the county board for its final approval all collective bargaining
agreements. To the extent they are covered by a collective bargaining agreement, the
compensation, term, and conditions of employment for all employees represented by an
exclusive representative certified pursuant to chapter 179A shall be governed by the collective
bargaining agreement executed by the county board and the parties and it shall supersede
any rule or administrative procedure adopted pursuant to sections 383A.281 to 383A.301,
unless a provision of the agreement is found to violate other state or federal law.
Sec. 17.
Minnesota Statutes 2024, section 383A.284, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Payroll voucher certificationdeleted text end new text begin Payrolls approvednew text end .
The deleted text begin director ofdeleted text end new text begin chiefnew text end human
resources new text begin officer new text end or the deleted text begin director'sdeleted text end new text begin officer'snew text end authorized agent shall be responsible for
deleted text begin certification of the payroll vouchers that thedeleted text end new text begin payment of salary or compensation ofnew text end persons
deleted text begin named in them have beendeleted text end appointed and employed in accordance with the provisions of
sections 383A.281 to 383A.301 and the rules under sections 383A.281 to 383A.301. deleted text begin No
Ramsey County disbursing or auditingdeleted text end new text begin The chief human resourcesnew text end officer new text begin or the officer's
authorized agent new text end shall deleted text begin make or approve or take part in making or approving payment for
personal service todeleted text end new text begin not certify a payroll item fornew text end a person holding a position in county service
unless the deleted text begin payroll voucher or account for the amount bears the certification of the director
or the authorized agentdeleted text end new text begin person has been appointed and employed in accordance with the
provisions of sections 383A.281 to 383A.301 and the rules authorized under sections
383A.281 to 383A.301new text end .
Sec. 18.
Minnesota Statutes 2024, section 383A.284, subdivision 4, is amended to read:
Subd. 4.
Evaluation; report.
The county board shall establish performance indicators
and annually monitor the performance of the personnel management system in the county.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall periodically review and evaluate current
and future staff needs of all county departments, job classes and descriptions, training and
development, and internal and market comparability of all classification and salary schedules
and report to the county board on these and other personnel management areas, as requested.
Sec. 19.
Minnesota Statutes 2024, section 383A.284, subdivision 5, is amended to read:
Subd. 5.
Review appointments.
Prior to each new appointment to the county personnel
system, the new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall certify that the person has been
appointed in accordance with sections 383A.281 to 383A.301 and applicable rules and
regulations.
Sec. 20.
Minnesota Statutes 2024, section 383A.285, subdivision 2, is amended to read:
Subd. 2.
Classification plan.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall maintain,
revise, and administer a classification and salary plan.
Sec. 21.
Minnesota Statutes 2024, section 383A.285, subdivision 3, is amended to read:
Subd. 3.
Classification of positions.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall
place each position in the classified service in an appropriate class in the classification plan
or in a new class to be created, if appropriate. If a class is unique to a department, the new text begin chief
new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall consult the head of that department before classifying
the unique positions.
Sec. 22.
Minnesota Statutes 2024, section 383A.285, subdivision 4, is amended to read:
Subd. 4.
Appeal from classification or reclassification.
An appointing authority or an
employee affected by a classification or reclassification of a position may protest the action
in writing to the human resources director. The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall
review the classification or reclassification and may change the decision. Neither the
appointing authority nor the employee shall have any further right to appeal a decision
regarding a classification or reclassification to the Personnel Review Board.
Sec. 23.
Minnesota Statutes 2024, section 383A.285, subdivision 5, is amended to read:
Subd. 5.
Study; implementation.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall
complete a reclassification study within 60 days after receiving a reclassification request.
The appointing authority shall implement the personnel changes required by the
reclassification decision in a timely manner and qualifications for reclassified positions
shall be reasonably commensurate with the requirements of the position.
Sec. 24.
Minnesota Statutes 2024, section 383A.285, subdivision 10, is amended to read:
Subd. 10.
Unclassifying positions.
An employee in the classified service with permanent
tenure, who is an incumbent of a position which becomes unclassified and is not appointed
to or is removed from the unclassified position, shall be transferred by the new text begin chief new text end human
resources deleted text begin directordeleted text end new text begin officernew text end to a classified position within the same department comparable
to the unclassified position. If a comparable position is unavailable, the person shall be
transferred by the deleted text begin directordeleted text end new text begin chief human resources officernew text end to a classified position comparable
to that held immediately prior to being appointed to the position which was unclassified. If
the employee held an unclassified position with the same agency before being appointed to
the classified position that is unclassified, the person shall be transferred by the deleted text begin directordeleted text end new text begin
chief human resources officernew text end to a classified position comparable to the classified position
next in rank below the position that is unclassified. The employee's salary shall not be less
than it was in the position which was unclassified, but it may be frozen until it is
commensurate with the class and grade of the position to which the employee was transferred.
Sec. 25.
Minnesota Statutes 2024, section 383A.286, subdivision 2, is amended to read:
Subd. 2.
Unclassified positions.
The following positions shall be in the unclassified
service:
deleted text begin (a)deleted text end new text begin (1)new text end positions held by elected officials or persons appointed to fill an elected office;
deleted text begin (b) one assistantdeleted text end new text begin (2) assistantsnew text end for each elected official;
deleted text begin (c)deleted text end new text begin (3)new text end the director or principal administrative officer of a department of county
government or agency created by lawdeleted text begin , except that the affirmative action officer, human
resources director, internal auditor, and director of budgeting and accounting shall be
positions in the classified servicedeleted text end ;
deleted text begin
(d) doctors, residents, and student nurses employed by the county or county agency;
deleted text end
deleted text begin (e)deleted text end new text begin (4)new text end members of a board or commission appointed by the county, or the county and
the city, and acting in an advisory capacity;
deleted text begin (f)deleted text end new text begin (5)new text end weed inspectorsdeleted text begin , election judges, or election clerksdeleted text end ;
deleted text begin
(g) special police officers or special deputy sheriffs serving without pay;
deleted text end
deleted text begin
(h) judges, court administrators, court reporters, receivers, referees, the examiner or
assistant examiners of titles, public defenders, arbiters, jurors, court administrator of district
court, or persons appointed by the district court to make or conduct a special inquiry of a
judicial or temporary character;
deleted text end
deleted text begin (i)deleted text end new text begin (6)new text end all positions in the Second Judicial District administrator's office;
deleted text begin (j)deleted text end new text begin (7)new text end the deleted text begin executive directordeleted text end new text begin county managernew text end and deleted text begin eightdeleted text end principal assistants;
deleted text begin
(k) the chief executive officer of the medical center and seven principal assistants;
deleted text end
deleted text begin (l) interns, student workers, law clerks, ordeleted text end new text begin (8)new text end other employees employed for a limited
duration as determined by the county board;
deleted text begin (m)deleted text end new text begin (9)new text end positions designated by the county board as unclassified pursuant to subdivision
3;
deleted text begin (n)deleted text end new text begin (10)new text end the sheriff, the sheriff's chief deputy, deleted text begin threedeleted text end principal assistants, and deleted text begin adeleted text end personal
deleted text begin secretarydeleted text end new text begin secretariesnew text end ; and
deleted text begin (o)deleted text end new text begin (11)new text end the county attorney, the county attorney's first assistant, deleted text begin onedeleted text end principal deleted text begin assistantdeleted text end new text begin
assistantsnew text end , and deleted text begin adeleted text end personal deleted text begin secretarydeleted text end new text begin secretariesnew text end .
Sec. 26.
Minnesota Statutes 2024, section 383A.286, subdivision 3, is amended to read:
Subd. 3.
Unclassified positions authorized by county board.
new text begin (a) new text end The county board
may designate additional positions in the unclassified service if the following criteria are
met:
deleted text begin (a)deleted text end new text begin (1)new text end designation of the position is not contrary to the provisions of other law relating
specifically to that department;
deleted text begin (b)deleted text end new text begin (2)new text end the person occupying the position of supervisor or a department assistant would
report directly to the department head and would be designated as part of the department
head's management team; and
deleted text begin (c)deleted text end new text begin (3)new text end the duties of the position involve significant discretion and substantial involvement
in the development, interpretation, and implementation of department policy.
new text begin (b) new text end The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall certify whether the designation is
consistent or inconsistent with the standards and criteria in this section. The county board
may appeal certification decisions to the Personnel Review Board.
Sec. 27.
Minnesota Statutes 2024, section 383A.288, subdivision 5, is amended to read:
Subd. 5.
Waiver of competitive examinations.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin
officernew text end shall establish a procedure and a definition of the criteria for the selection and referral
of qualified applicants to fill positions in routine service classifications involving unskilled
tasks. Applicants to fill vacancies in the classifications shall be exempt from ranking and
certification. The deleted text begin directordeleted text end new text begin chief human resources officernew text end shall refer all qualified applicants
to the appointing authority having vacancies in the appropriate classifications.
Sec. 28.
Minnesota Statutes 2024, section 383A.288, subdivision 6, is amended to read:
Subd. 6.
Classified managerial positions.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end
shall establish criteria for the designation of positions in the classified service as managerial
positions where the duties involve significant discretion and substantial involvement in the
development, interpretation, and implementation of departmental and county policy. The
new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall designate those classified positions that meet
these criteria in consultation with interested parties, including bargaining units certified
pursuant to chapter 179A representing Ramsey County employees. Classified positions, so
designated, shall be exempt from the examination and certification requirements of this
section, and the provisions of section 383A.289, and shall be filled by means of an open
application and screening process.
Sec. 29.
Minnesota Statutes 2024, section 383A.289, subdivision 1, is amended to read:
Subdivision 1.
General.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall prepare eligible
lists as provided in this section.
Sec. 30.
Minnesota Statutes 2024, section 383A.289, subdivision 3, is amended to read:
Subd. 3.
Term of eligibility.
The term of eligibility of eligibles on lists shall be
determined by the new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end .
Sec. 31.
Minnesota Statutes 2024, section 383A.291, subdivision 1a, is amended to read:
Subd. 1a.
Under county rules.
Upon request of the appointing authority, the new text begin chief new text end human
resources deleted text begin directordeleted text end new text begin officernew text end shall certify eligibles in accordance with rules adopted under
section 383A.284, subdivision 1.
Sec. 32.
Minnesota Statutes 2024, section 383A.292, subdivision 1, is amended to read:
Subdivision 1.
Temporary appointments.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end
may authorize the appointing authority to make a temporary appointment of not more than
six months in any 12-month period. When practicable, the human resources director may
certify any qualified eligible from an eligible list for the temporary appointment, but may
authorize the appointment of any person deemed qualified by the appointing authority.
Sec. 33.
Minnesota Statutes 2024, section 383A.292, subdivision 2, is amended to read:
Subd. 2.
Provisional appointments.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end may
authorize the appointing authority to make a provisional appointment for a position for
which there is no eligible list for a period of time determined by the human resources director
not to exceed six months.
Sec. 34.
Minnesota Statutes 2024, section 383A.294, subdivision 6, is amended to read:
Subd. 6.
Production of documents.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end may
make a written request to an employee to produce relevant documents or to a person to
appear for the purpose of giving relevant oral statements or testimony relating to a
disciplinary action of an employee. An employee who is the subject of a disciplinary action
may make a written request to the new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end for the production
of relevant documents or for the appearance of a person to give relevant oral statements or
testimony relating to the disciplinary action. The request for the appearance of a person
may be to appear and testify at a hearing of the Personnel Review Board or to appear at a
specified place to give an oral statement prior to a hearing of the Personnel Review Board.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end , or the employee upon receipt of a request for
production of relevant documents, shall furnish the requesting party the documents within
ten days of receipt of the written request. A person to whom a request for an appearance
has been made shall appear at the time and place designated in the request. If a party to
whom a request for relevant documents has been made fails to furnish the documents to the
requesting party within ten days of receipt of the request, the requesting party may make
an application to the district court for a determination that the refusal to produce the
documents was unreasonable. If a person to whom a request for appearance has been made
fails to appear at the time and place designated in the request, the party making the request
for appearance may make an application to the district court for a determination that the
failure to appear was unreasonable. If the district court determines that a failure to produce
requested documents or to appear was unreasonable, it may assess costs not exceeding $100
to the requesting party against the refusing party or person.
Sec. 35.
Minnesota Statutes 2024, section 383A.295, subdivision 1, is amended to read:
Subdivision 1.
Benefits.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall have the
authority to set hours of employment, sick leave, vacation leave, leave of absence without
pay, health insurance, life insurance, and other fringe benefits for employees in the classified
and unclassified service subject to the approval of the county board and in accordance with
the law.
Sec. 36.
Minnesota Statutes 2024, section 383A.295, subdivision 2, is amended to read:
Subd. 2.
Layoffs.
The new text begin chief new text end human resources deleted text begin directordeleted text end new text begin officernew text end shall adopt rules and
regulations providing for the layoff and reemployment of employees on the basis of the
employee's seniority.
Sec. 37.
Minnesota Statutes 2024, section 429.011, subdivision 2a, is amended to read:
Subd. 2a.
Municipality; certain counties.
"Municipality" also includes the following:
(1) a county in the case of construction, reconstruction, or improvement of a county
state-aid highway;
(2) a county in the case of construction, reconstruction, or improvement of a county
highway as defined in section 160.02 including curbs and gutters and storm sewers;
(3) a county exercising its powers and duties under section 444.075, subdivision 1;
(4) a county for expenses not paid for under section 403.113, subdivision 3, paragraph
(b), clause (3);
(5) a county in the case of the abatement of nuisances; deleted text begin and
deleted text end
(6) a county operating an energy improvements financing program under section
216C.436 or 216C.437new text begin ; and
new text end
new text begin (7) a county in the case of construction, reconstruction, extension, or maintenance of
thermal energy networks as defined in section 216B.2427, subdivision 1, paragraph (s)new text end .
Sec. 38.
Minnesota Statutes 2024, section 429.021, subdivision 1, is amended to read:
Subdivision 1.
Improvements authorized.
The council of a municipality shall have
power to make the following improvements:
(1) To acquire, open, and widen any street, and to improve the same by constructing,
reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking
strips of any material, or by grading, graveling, oiling, or otherwise improving the same,
including the beautification thereof and including storm sewers or other street drainage and
connections from sewer, water, or similar mains to curb lines.
(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary
sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps,
lift stations, service connections, and other appurtenances of a sewer system, within and
without the corporate limits.
(3) To construct, reconstruct, extend, and maintain steam heating mains.
(4) To install, replace, extend, and maintain street lights and street lighting systems and
special lighting systems.
(5) To acquire, improve, construct, reconstruct, extend, and maintain water works systems,
including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks,
treatment plants, and other appurtenances of a water works system, within and without the
corporate limits.
(6) To acquire, improve and equip parks, open space areas, playgrounds, and recreational
facilities within or without the corporate limits.
(7) To plant trees on streets and provide for their trimming, care, and removal.
(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private
property and to fill the same.
(9) To construct, reconstruct, extend, and maintain dikes and other flood control works.
(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.
(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and
promote a pedestrian skyway system. Such improvement may be made upon a petition
pursuant to section 429.031, subdivision 3.
(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote
underground pedestrian concourses.
(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote public
malls, plazas or courtyards.
(14) To construct, reconstruct, extend, and maintain district heating systems.
(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire protection
systems in existing buildings, but only upon a petition pursuant to section 429.031,
subdivision 3.
(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway
sound barriers.
(17) To improve, construct, reconstruct, extend, and maintain gas and electric distribution
facilities owned by a municipal gas or electric utility.
(18) To purchase, install, and maintain signs, posts, and other markers for addressing
related to the operation of enhanced 911 telephone service.
(19) To improve, construct, extend, and maintain facilities for Internet access and other
communications purposes, provided that the municipality must:
(i) not discriminate in favor of the municipality's own communications facilities by
granting the municipality more favorable or less burdensome terms and conditions than a
nonmunicipal service provider with respect to: (A) access and use of public rights-of-way;
(B) access and use of municipally owned or controlled conduit, towers, and utility poles;
and (C) permitting fees charged to access municipally owned and managed facilities;
(ii) maintain separation between the municipality's role as a regulator over firms that
offer services in competition with the services offered by the municipality over the
municipality's communications service facilities, and the municipality's role as a competitive
provider of services over the municipality's communications service facilities; and
(iii) not share inside information between employees or contractors responsible for
executing the municipality's role as a regulator over firms that offer communications services
in competition with the communication services offered by the municipality, and employees
or contractors responsible for executing the municipality's role as a competitive
communications services provider.
(20) To assess affected property owners for all or a portion of the costs agreed to with
an electric utility, telecommunications carrier, or cable system operator to bury or alter a
new or existing distribution system within the public right-of-way that exceeds the utility's
design and construction standards, or those set by law, tariff, or franchise, but only upon
petition under section 429.031, subdivision 3.
(21) To assess affected property owners for repayment of voluntary energy improvement
financings under section 216C.436, subdivision 7, or 216C.437, subdivision 28.
(22) To construct, reconstruct, alter, extend, operate, maintain, and promote energy
improvement projects in existing buildings, provided that:
(i) a petition for the improvement is made by a property owner under section 429.031,
subdivision 3;
(ii) the municipality funds and administers the energy improvement project;
(iii) project funds are only used for the installation of improvements to heating,
ventilation, and air conditioning equipment and building envelope and for the installation
of renewable energy systems;
(iv) each property owner petitioning for the improvement receives notice that free or
low-cost energy improvements may be available under federal, state, or utility programs;
(v) for energy improvement projects on residential property, only residential property
having five or more units may obtain financing for projects under this clause; and
(vi) prior to financing an energy improvement project or imposing an assessment for a
project, written notice is provided to the mortgage lender of any mortgage encumbering or
otherwise secured by the property proposed to be improved.
new text begin
(23) To construct, reconstruct, extend, and maintain thermal energy networks as defined
in section 216B.2427, subdivision 1, paragraph (s).
new text end
Sec. 39.
Minnesota Statutes 2024, section 444.075, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
new text begin (a) new text end The definitions in this subdivision apply deleted text begin indeleted text end new text begin tonew text end this section.
deleted text begin (a)deleted text end new text begin (b) new text end "Municipality" means a home rule charter or statutory city or a town.
deleted text begin (b)deleted text end new text begin (c) new text end "Governing body" means the town board with respect to towns.
deleted text begin (c)deleted text end new text begin (d) new text end "Waterworks" means waterworks systems, including mains, valves, hydrants,
service connections, wells, pumps, reservoirs, tanks, treatment plants, new text begin thermal energy
networks as defined in section 216B.2427, subdivision 1, paragraph (s), new text end and other
appurtenances of a waterworks system.
deleted text begin (d)deleted text end new text begin (e) new text end "Sanitary sewer" means sanitary sewer systems, including sewage treatment
works, disposal systems, and other facilities for disposing of sewage, industrial waste, or
other wastes.
deleted text begin (e)deleted text end new text begin (f) new text end "Storm sewer" means storm sewer systems, including mains, holding areas and
ponds, and other appurtenances and related facilities for the collection and disposal of
stormwater.
deleted text begin (f)deleted text end new text begin (g) new text end "Facilities" means and includes waterworks, sanitary sewer and storm sewer
systems, or any portion or portions thereof.
Sec. 40. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, sections 383A.298; and 383A.301,
new text end
new text begin
are repealed effective
the day after the Ramsey County Board of Commissioners and the county's chief clerical
officer comply with Minnesota Statutes, section 654.021, subdivisions 2 and 4.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2024, section 462.357, subdivision 5,
new text end
new text begin
is repealed effective the
day following final enactment.
new text end
Sec. 41. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 12 to 39 are effective the day after the Ramsey County Board of Commissioners
and the county's chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
new text end
APPENDIX
Repealed Minnesota Statutes: S4555-1
383A.298 TRANSITIONAL PROVISIONS.
All employees of the Civil Service Department shall be transferred to the Human Resources Department. All members of the Civil Service Commission shall be members of the Personnel Review Board and serve until their current term expires and a successor is appointed.
383A.301 STATUS OF PRESENT EMPLOYEES.
Each person holding a position with the county of Ramsey who has acquired permanent tenure or who was serving a probationary period on the effective date of sections 383A.281 to 383A.301 retains the position, seniority date, and accrued benefits.
462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
Subd. 5.
Amendment; certain cities of the first class.
The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing.
Repealed Minnesota Session Laws: S4555-1
Laws 2017, First Special Session chapter 4, article 1, section 29
Sec. 29. new text begin BOARD OF COSMETOLOGIST EXAMINERSnew text end |
new text begin $ new text end | new text begin 2,775,000 new text end | new text begin $ new text end | new text begin 2,785,000 new text end | ||
new text begin The executive director must report quarterly to the chairs and ranking minority members of the committees in the house of representatives and senate with jurisdiction over state government finance on the number of inspections conducted by license type in the past quarter, number and percent of total salons and schools inspected within the last year, total number of licensees by type, and the number of inspectors employed by the board. The first report must be submitted by July 15, 2017. new text end
Repealed Minnesota Rule: S4555-1
2100.2500 EXAMINATION DATES.
Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.
2100.2900 CONTENTS OF EXAMINATION.
An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.
2100.3000 GRADING OF EXAMINATION.
The registered barber examinations given pursuant to Minnesota Statutes, section 154.09, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section 154.05.
2100.3200 FAILURE OF EXAMINATION.
An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.
An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.
2100.3300 FAILURE TO RENEW CERTIFICATE WITHIN FOUR YEARS.
A registered barber who has failed to renew the certificate of registration for four years or more from the date of expiration must complete the current program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners and take and pass the registered barber examination before a certificate of registration may be issued. Home Study Course for Barbers is required prior to examination for all examinees.
2100.4500 INSTRUCTOR REGISTRATION QUALIFICATION.
To qualify for an instructor's examination, an applicant must be a registered barber with three years' experience.
2100.5200 CONSIDERATIONS IN REGISTRATION ISSUANCE.
Subpart 1.
Factors.
Upon receipt of an application for establishment of a barber school, the board shall give consideration to the factors in subparts 2 and 5.
Subp. 2.
Public welfare.
The board shall give consideration to any detriment to the public welfare and the need for barber school facilities in the community and neighborhood where the proposed barber school is to be located, giving particular consideration to:
C.
the availability of adequate support for the proposed barber school in the community and neighborhood with particular regard to adequate practice for students;
D.
the extent to which the proposed barber school would draw patrons from adjacent communities or neighborhoods and the character thereof; and
E.
the effect of the establishment of a barber school on the social and economic aspects of the community and neighborhood and adjacent communities and neighborhoods in regard to the proposed site.
Subp. 5.
Student-registered instructor ratio.
There must be at least one instructor for every 17 students enrolled.
2100.5300 PUBLIC HEARING ON REGISTRATION APPLICATION.
Upon receipt of an application for the establishment of a barber school, the board shall conduct a public hearing in accordance with Minnesota Statutes, chapter 14, and rules promulgated thereunder. The applicant shall show at such hearing, by competent evidence, the factual basis of the assertions of the application and the applicant's qualifications as required by Minnesota Statutes, chapter 154, and the rules of the board. The applicant shall further show financial qualifications and it shall be a sufficient reason for denial of the application that the board considers the financial resources of the applicant to be insufficient to maintain and operate a barber school and assure the graduation of students who are registered in such school and have paid their tuition.
2100.6000 HOURS OF INSTRUCTION.
Each student, including each part-time student, must complete at least 281 classroom hours and 1,219 practical hours in the required 1,500-hour course.