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Capital IconMinnesota Legislature

HF 1208

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27
2.28
2.29 2.30
2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6
3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17
4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9
5.10
5.11 5.12 5.13
5.14 5.15 5.16 5.17 5.18
5.19 5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7
15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27
16.28 16.29 16.30 16.31 16.32
16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7
17.8 17.9 17.10
17.11 17.12
17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34
18.1 18.2 18.3 18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17
18.18 18.19 18.20 18.21 18.22
18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31
24.32 24.33 24.34 24.35 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24
25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 26.1 26.2 26.3 26.4
26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9
27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18
31.19
31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32
32.33
33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3
34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11
34.12 34.13 34.14 34.15 34.16
34.17
34.18 34.19 34.20 34.21 34.22
34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
34.31
35.1 35.2 35.3 35.4 35.5 35.6
35.7
35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34
36.1
36.2 36.3 36.4 36.5 36.6 36.7 36.8
36.9 36.10 36.11 36.12 36.13 36.14 36.15
36.16 36.17 36.18 36.19 36.20
36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13
37.14
37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30
37.31
37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 38.36 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4
40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18
40.19
40.20 40.21 40.22 40.23
40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2
41.3 41.4 41.5
41.6 41.7 41.8
41.9 41.10 41.11 41.12 41.13
41.14 41.15 41.16
41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29
41.30 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15
42.16
42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32
42.33
43.1 43.2 43.3 43.4
43.5 43.6 43.7 43.8 43.9
43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18
43.19 43.20 43.21 43.22 43.23
43.24 43.25 43.26
43.27 43.28 43.29 43.30
44.1 44.2 44.3 44.4 44.5
44.6 44.7 44.8
44.9 44.10 44.11 44.12
44.13 44.14 44.15 44.16 44.17 44.18 44.19
44.20 44.21 44.22 44.23 44.24
44.25 44.26 44.27 44.28
44.29 45.1 45.2 45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13
45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12
46.13 46.14 46.15 46.16 46.17
46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2
47.3
47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13
48.14 48.15 48.16 48.17 48.18 48.19
48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8
49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29
50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 51.37 51.38 51.39 51.40 51.41 51.42 51.43 52.1 52.2 52.3 52.4
52.5 52.6
52.7 52.8 52.9 52.10 52.11 52.12 52.13
52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21
52.22 52.23 52.24 52.25 52.26 52.27
52.28 52.29 52.30 52.31 52.32 53.1 53.2
53.3 53.4 53.5 53.6 53.7 53.8
53.9 53.10 53.11 53.12 53.13 53.14 53.15
53.16 53.17 53.18 53.19 53.20 53.21 53.22
53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9
54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18
54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28
54.29 54.30 54.31 54.32 54.33 55.1 55.2
55.3 55.4 55.5 55.6
55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14
55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2
56.3 56.4 56.5 56.6 56.7 56.8
56.9 56.10 56.11 56.12 56.13 56.14 56.15
56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28
56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11
58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 65.36 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 66.36 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 67.36 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 68.36 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 71.36 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2
74.3 74.4
74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 78.36 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 81.35 81.36 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 83.36 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 84.36 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 85.36 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 87.36 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27
88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12
89.13 89.14 89.15 89.16 89.17 89.18
89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25
90.26 90.27 90.28 90.29 90.30 90.31
90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32
91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10
92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34 94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 95.36 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 96.36 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12
97.13
97.14 97.15
97.16 97.17
97.18 97.19 97.20 97.21 97.22
97.23 97.24 97.25 97.26 97.27
97.28 97.29 97.30 97.31 98.1 98.2
98.3
98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 99.36 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 100.36 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14
101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11
102.12 102.13 102.14 102.15 102.16 102.17 102.18
102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 103.36 104.1 104.2 104.3 104.4
104.5 104.6
104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17
105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29
105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30
107.31
107.32 107.33 107.34 107.35
108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20
108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35
109.1 109.2
109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13
109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22
109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30
110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13
112.14 112.15
112.16 112.17 112.18 112.19 112.20 112.21 112.22
112.23 112.24 112.25 112.26
112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4
113.5 113.6 113.7 113.8 113.9
113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31
113.32
114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8
114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18
114.19 114.20 114.21
114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 115.1 115.2 115.3
115.4 115.5
115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22
115.23 115.24 115.25
115.26 115.27 115.28 115.29
115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6
116.7 116.8 116.9 116.10 116.11
116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 117.36 118.1 118.2
118.3 118.4 118.5 118.6
118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 120.36 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18
121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15
122.16 122.17 122.18 122.19
122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30
122.31 122.32
123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 123.35 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 125.36 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 126.36 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 128.36 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36 131.1 131.2 131.3
131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11
131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14
134.15 134.16 134.17 134.18 134.19 134.20 134.21
134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26
136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7
137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23
137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30
138.31 138.32 138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17
139.18 139.19 139.20 139.21
139.22 139.23 139.24 139.25 139.26 139.27
139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12
140.13 140.14 140.15 140.16
140.17 140.18 140.19 140.20 140.21 140.22 140.23
140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2 141.3
141.4 141.5 141.6 141.7
141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33
142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 143.36 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 145.36 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35
147.1 147.2
147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26
147.27 147.28
147.29 147.30 147.31 147.32 147.33 147.34 147.35 147.36 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12
148.13 148.14 148.15 148.16 148.17 148.18 148.19
148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14
149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35 150.1 150.2 150.3 150.4 150.5
150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12
151.13 151.14 151.15 151.16 151.17 151.18
151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26
151.27 151.28 151.29 151.30 151.31 151.32
152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12
152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27
152.28 152.29 152.30 152.31 152.32 153.1 153.2
153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 154.35 154.36 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 156.1 156.2 156.3 156.4 156.5 156.6
156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20
156.21 156.22 156.23 156.24 156.25
156.26 156.27 156.28 156.29 156.30 156.31
156.32
157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11
157.12
157.13 157.14 157.15 157.16 157.17 157.18
157.19
157.20 157.21 157.22 157.23 157.24
157.25
157.26 157.27 157.28 157.29 157.30 157.31 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 158.35 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9
159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21
159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29
159.30 159.31 159.32 159.33 160.1 160.2
160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10
160.11 160.12 160.13 160.14 160.15 160.16 160.17
160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 161.1 161.2
161.3 161.4 161.5 161.6 161.7 161.8 161.9
161.10 161.11 161.12 161.13 161.14 161.15 161.16
161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31
161.32 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31
162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24
163.25 163.26
163.27 163.28 163.29 163.30 163.31 163.32 163.33
163.34 163.35 163.36 163.37 164.1 164.2 164.3 164.4 164.5
164.6 164.7 164.8 164.9
164.10 164.11 164.12 164.13 164.14 164.15
164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25
164.26
164.27 164.28 164.29 164.30 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 165.36 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 166.36 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33
168.34 168.35
169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 169.36 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 172.1 172.2 172.3 172.4
172.5 172.6
172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18
172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28
172.29 172.30 172.31 172.32 173.1 173.2 173.3 173.4 173.5 173.6
173.7 173.8
173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17
173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33
174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 174.36 174.37 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 175.36 175.37 175.38 175.39 175.40 175.41 175.42 176.1 176.2 176.3 176.4 176.5 176.6
176.7
176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17
176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32
176.33 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 177.36 178.1 178.2 178.3
178.4
178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 179.35 179.36 180.1 180.2
180.3 180.4 180.5 180.6 180.7 180.8
180.9 180.10 180.11 180.12 180.13
180.14 180.15 180.16 180.17 180.18 180.19
180.20 180.21 180.22 180.23 180.24 180.25
180.26 180.27 180.28 180.29
181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23
181.24 181.25 181.26 181.27 181.28
181.29 181.30 181.31 181.32 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10
182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35
184.1
184.2 184.3
184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19
184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 185.1 185.2
185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32
185.33 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8
186.9 186.10
186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33
186.34
187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20
187.21
187.22 187.23
187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 188.1 188.2 188.3 188.4
188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23
189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 189.35 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9
190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26
190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13
191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26
191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18
192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30
192.31 192.32 192.33 192.34 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20
193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28
193.29 193.30 193.31 193.32
193.33 194.1
194.2 194.3
194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 194.34 194.35 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23
195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34 195.35 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28
196.29 196.30
196.31 196.32 196.33 196.34 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15
197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34
198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 198.35 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23
199.24 199.25
199.26 199.27
199.28 199.29 199.30 199.31 199.32 199.33 199.34 200.1 200.2
200.3 200.4 200.5 200.6 200.7 200.8 200.9
200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28
201.29 201.30
201.31 201.32 201.33 201.34 201.35 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34 202.35 202.36 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26
203.27 203.28
203.29 203.30 203.31 203.32 203.33 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 204.36 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24
205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 205.35 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 206.35 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 207.36 208.1 208.2 208.3 208.4 208.5 208.6 208.7
208.8 208.9
208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25
208.26 208.27
208.28 208.29 208.30 208.31

A bill for an act
relating to state government; changing provisions for construction codes and
licensing provisions; providing penalties and enforcement; instructing the
revisor to renumber certain statutory sections; appropriating money; amending
Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions
4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63;
16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2, by
adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747;
16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision
1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041,
subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42;
183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54,
subdivisions 1, 3; 183.545, subdivisions 2, 4, 8, by adding a subdivision; 183.56;
183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4;
299F.011, subdivision 1; 299M.02; 299M.04; 325E.58; 326.01, subdivisions
2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, 9, by adding subdivisions;
326.241, subdivision 2; 326.242; 326.243; 326.244, subdivisions 1, 1a, 5, 6,
by adding a subdivision; 326.2441; 326.37; 326.38; 326.39; 326.40; 326.401;
326.405; 326.41; 326.42; 326.46; 326.461, by adding subdivisions; 326.47;
326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61,
subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20;
326.84; 326.841; 326.842; 326.86; 326.87; 326.88; 326.89; 326.90, subdivision
1; 326.91, subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision
2; 326.96; 326.97; 326.975, subdivision 1; 326.992; 327.20, subdivision 1;
327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32,
subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35,
subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7,
17, by adding subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a
subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357,
subdivision 6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471;
proposing coding for new law in Minnesota Statutes, chapters 326; 327B;
proposing coding for new law as Minnesota Statutes, chapter 326B; repealing
Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001;
183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4;
183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision
9; 183.61, subdivisions 1, 3, 5, 6; 299M.02; 326.01, subdivisions 4, 6h, 10,
11, 12, 13; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k,
10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4; 326.41;
326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64;
326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4;
326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules,
parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590;
3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart
1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010;
5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

REVISOR'S INSTRUCTION

Section 1. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall
change the terms "board" and "Board of Electricity" to "commissioner."
new text end

new text begin (b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall
change the terms "commissioner" and "commissioner of health" to the term "commissioner
of labor and industry"; and shall change the terms "department" and "Department of
Health" to "Department of Labor and Industry."
new text end

new text begin (c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
1346, 1350, 1360, and 7672, the revisor of statutes shall:
new text end

new text begin (1) change the term "commissioner of administration" to "commissioner of labor
and industry";
new text end

new text begin (2) change the term "Department of Administration" to "Department of Labor and
Industry";
new text end

new text begin (3) change the term "Department of Administration's Building Codes and Standards
Division" to "Department of Labor and Industry"; and
new text end

new text begin (4) change the term "director of the Building Codes and Standards Division of the
Department of Administration" to "individual appointed by the commissioner of labor and
industry to administer the code."
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

ARTICLE 2

CONSTRUCTION CODES AND LICENSING

Section 1.

Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
read:


Subdivision 1.

new text beginState Fire Code rulemaking new text endauthority.

The commissioner of
deleted text begin public safety through the Division of Fire Marshal may promulgatedeleted text end new text beginlabor and industry,
consistent with the recommendations of the state fire marshal, shall adopt
new text enda State Fire
Code and make amendments thereto in accordance with the Administrative Procedure Act
in chapter 14. The code and its amendments shall conform insofar as practicable to model
fire codes generally accepted and in use throughout the United States, with consideration
given to existing statewide specialty codes presently in use in the state of Minnesota.
Statewide specialty codes and model codes with necessary modifications may be adopted
by reference in accordance with section 14.07, subdivision 4.

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.

new text begin [326B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to chapter 326B.
new text end

new text begin Subd. 2. new text end

new text begin ASME. new text end

new text begin "ASME" means the American Society of Mechanical Engineers.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor
and industry or a duly designated representative of the commissioner who is either an
employee of the Department of Labor and Industry or a person working under contract
with the department.
new text end

new text begin Subd. 4. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Labor and Industry.
new text end

new text begin Subd. 5. new text end

new text begin Day. new text end

new text begin "Day" means calendar day unless otherwise provided.
new text end

new text begin Subd. 6. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

new text begin Subd. 7. new text end

new text begin Person. new text end

new text begin "Person" means any individual, limited liability company,
corporation, partnership, incorporated or unincorporated association, sole proprietorship,
joint stock company, or any other legal or commercial entity.
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.

new text begin [326B.02] POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer of responsibilities. new text end

new text begin The responsibilities of the
commissioner of administration relating to the state building code, sections 16B.59 to
16B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
warranties in connection with the sale of dwellings and home improvement work, chapter
327A, are transferred under section 15.039 to the commissioner of labor and industry as
amended and recodified in this chapter. The responsibilities of the commissioner of health
relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and
326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to
326.65, are transferred under section 15.039 to the commissioner of labor and industry
as amended and recodified in this chapter. The responsibilities of the commissioner of
commerce relating to residential contractors, residential remodelers, residential roofers,
manufactured home installers, and the contractor's recovery fund under sections 45.027 to
45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of
labor and industry as amended and recodified in this chapter. The responsibilities of the
Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and
326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and
industry as amended and recodified in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Definition of responsibilities. new text end

new text begin For purposes of subdivision 1,
responsibilities include powers, duties, rights, obligations, and other authority imposed by
law on the commissioner and the department.
new text end

new text begin Subd. 3. new text end

new text begin State fire marshal cooperation. new text end

new text begin The state fire marshal shall work with the
commissioner to improve the delivery of services to the public through the coordination
of services and utilization of technology.
new text end

new text begin Subd. 4. new text end

new text begin General rulemaking authority. new text end

new text begin The commissioner may, under the
rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
amend, suspend, and repeal rules relating to the commissioner's responsibilities under
this chapter.
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. 4.

new text begin [326B.04] DEPOSIT OF MONEY.
new text end

new text begin Subdivision 1. new text end

new text begin Construction code fund. new text end

new text begin There is created in the state treasury
a construction code fund as a special revenue fund for the purpose of administering this
chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
sections, except penalties, are credited to the construction code fund unless otherwise
specifically designated by law. Any interest or profit accruing from investment of these
sums is credited to the construction code fund. All money collected in the construction
code fund is appropriated to the commissioner to administer and enforce the provisions
of these laws.
new text end

new text begin Unless otherwise provided by law, all penalties assessed under this chapter, section
327.35, and chapter 327B are credited to the assigned risk safety account established
by section 79.253.
new text end

new text begin Subd. 2. new text end

new text begin Deposits. new text end

new text begin All remaining balances as of June 30, 2007, in the state
government special revenue fund and special revenue fund accounts maintained for
the Building Codes and Standards Division, Board of Electricity, and plumbing and
engineering unit are transferred to the construction code fund. Unless otherwise
specifically designated by law: (1) all money collected under chapter 183 and sections
16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57
to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties,
is credited to the construction code fund; (2) all fees collected under section 45.23 in
connection with continuing education for residential contractors, residential remodelers,
and residential roofers are credited to the construction code fund; and (3) all penalties
assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under
sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned
risk safety account established by section 79.253.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 5.

new text begin [326B.06] BONDS.
new text end

new text begin Bonds issued under this chapter are not state bonds or contracts for purposes of
sections 8.05 and 16C.05, subdivision 2.
new text end

Sec. 6.

new text begin [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
new text end

new text begin The commissioner shall not be subject to subpoena for purposes of providing expert
testimony or for purposes of providing testimony or documents, as that term is defined in
section 326B.081, subdivision 4, about an investigation or inspection conducted by the
commissioner, except in an enforcement proceeding brought by the commissioner.
new text end

ARTICLE 3

ENFORCEMENT

Section 1.

new text begin [326B.081] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 326B.081 to 326B.085, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Administrative order. new text end

new text begin "Administrative order" means an order issued
under section 326B.082, subdivision 7.
new text end

new text begin Subd. 3. new text end

new text begin Applicable law. new text end

new text begin "Applicable law" means the provisions of sections
326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders,
stipulation agreements, settlements, compliance agreements, licenses, registrations,
certificates, and permits adopted, issued, or enforced by the department under sections
326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
new text end

new text begin Subd. 4. new text end

new text begin Document or documents. new text end

new text begin "Document" or "documents" includes papers;
books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
invoices; bills; notes; and calendars maintained in any form or manner.
new text end

new text begin Subd. 5. new text end

new text begin Final. new text end

new text begin "Final" when used to describe any order issued under section
326B.082 means that:
new text end

new text begin (1) no request for hearing in connection with the order was filed in the manner and
within the time provided by section 326B.082;
new text end

new text begin (2) all requests for hearing have been withdrawn;
new text end

new text begin (3) an agreement that resolves the order has been signed by all the parties; or
new text end

new text begin (4) after the filing of a request for hearing, an order has been issued by the
commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
pursued or forgone.
new text end

new text begin Subd. 6. new text end

new text begin Licensing order. new text end

new text begin "Licensing order" means an order issued under section
326B.082, subdivision 12, paragraph (a).
new text end

new text begin Subd. 7. new text end

new text begin Minimum qualifications. new text end

new text begin "Minimum qualifications" means the
educational, experience, fee, examination, application, and other eligibility requirements
that an applicant must meet in order to obtain a license, registration, certificate, or
permit under the applicable law. For an applicant that is not an individual, the minimum
qualifications include the requirement that an employee or other individual associated
with the applicant hold a license.
new text end

new text begin Subd. 8. new text end

new text begin Stop order. new text end

new text begin "Stop order" means an order issued under section 326B.082,
subdivision 10.
new text end

Sec. 2.

new text begin [326B.082] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Remedies available. new text end

new text begin The commissioner may enforce all applicable
law under this section. The commissioner may use any enforcement provision in this
section, including the assessment of monetary penalties, against a person required to have
a license, registration, certificate, or permit under the applicable law based on conduct
that would provide grounds for action against a licensee, registrant, certificate holder,
or permit holder under the applicable law. The use of an enforcement provision in this
section shall not preclude the use of any other enforcement provision in this section or
otherwise provided by law.
new text end

new text begin Subd. 2. new text end

new text begin Access to information and property; subpoenas. new text end

new text begin (a) In order to carry out
the purposes of the applicable law, the commissioner may:
new text end

new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take
oral or written statements, and take depositions;
new text end

new text begin (2) request, examine, take possession of, test, sample, measure, photograph, record,
and copy any documents, apparatus, devices, equipment, or materials;
new text end

new text begin (3) at a time and place indicated by the commissioner, request persons to appear
before the commissioner to give testimony and produce documents, apparatus, devices,
equipment, or materials;
new text end

new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give
testimony and produce documents, apparatus, devices, equipment, or materials; and
new text end

new text begin (5) with or without notice, enter without delay upon any property, public or private,
for the purpose of taking any action authorized under this subdivision or the applicable
law, including obtaining information, remedying violations, or conducting surveys,
inspections, or investigations.
new text end

new text begin (b) Persons requested by the commissioner to give testimony or produce documents,
apparatus, devices, equipment, or materials shall respond within the time and in the manner
specified by the commissioner. If no time to respond is specified in the request, then a
response shall be submitted within 30 days of the commissioner's service of the request.
new text end

new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
owner's representative, or lessee's representative to permit the commissioner's entry onto
property as provided in paragraph (a), the commissioner may apply for an administrative
inspection order in the Ramsey County District Court or, at the commissioner's discretion,
in the district court in the county in which the property is located. The commissioner may
anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
property owner's representative, or lessee's representative has refused to permit entry on a
prior occasion or has informed the commissioner that entry will be refused. Upon showing
of administrative probable cause by the commissioner, the district court shall issue an
administrative inspection order that compels the property owner or lessee to permit the
commissioner to enter the property for the purposes specified in paragraph (a).
new text end

new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this subdivision
as a contempt of court.
new text end

new text begin Subd. 3. new text end

new text begin Service. new text end

new text begin Unless otherwise specified, service of a document on a person
under this section or section 326B.083 may be by mail, by personal service, or in
accordance with any consent to service filed with the commissioner. Service by mail shall
be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
2. Personal service shall be accomplished in the manner provided in Minnesota Rules,
part 1400.5550, subpart 3.
new text end

new text begin Subd. 4. new text end

new text begin Fax transmission. new text end

new text begin When this section or section 326B.083 permits a
request for reconsideration or request for hearing to be served by fax on the commissioner,
the fax shall not exceed 15 pages in length. The request shall be considered timely
served if the fax is received by the commissioner, at the fax number identified by the
commissioner in the order or notice of violation, no later than 4:30 p.m. central time on
the last day permitted for faxing the request. Where the quality or authenticity of the faxed
request is at issue, the commissioner may require the original request to be filed. Where
the commissioner has not identified quality or authenticity of the faxed request as an issue
and the request has been faxed in accordance with this subdivision, the person faxing the
request does not need to file the original request with the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Time computation. new text end

new text begin In computing any period of time prescribed or allowed
by this section, the day of the act, event, or default from which the designated period of
time begins to run shall not be included. The last day of the period so computed shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
until the next day which is not a Saturday, Sunday, or legal holiday.
new text end

new text begin Subd. 6. new text end

new text begin Notices of violation. new text end

new text begin (a) The commissioner may issue a notice of violation
to any person who the commissioner determines has committed a violation of the
applicable law. The notice of violation must state a summary of the facts that constitute
the violation and the applicable law violated. The notice of violation may require the
person to correct the violation. If correction is required, the notice of violation must state
the deadline by which the violation must be corrected.
new text end

new text begin (b) The commissioner shall issue the notice of violation by:
new text end

new text begin (1) serving the notice of violation on the property owner or on the person who
committed the violation; or
new text end

new text begin (2) posting the notice of violation at the location where the violation occurred.
new text end

new text begin (c) If the person to whom the commissioner has issued the notice of violation
believes the notice was issued in error, then the person may request reconsideration of the
parts of the notice that the person believes are in error. The request for reconsideration
must be in writing and must be served on or faxed to the commissioner at the address or
fax number specified in the notice of violation by the tenth day after the commissioner
issued the notice of violation. The date on which a request for reconsideration is served by
mail shall be the postmark date on the envelope in which the request for reconsideration is
mailed. If the person does not serve or fax a written request for reconsideration or if the
person's written request for reconsideration is not served on or faxed to the commissioner
by the tenth day after the commissioner issued the notice of violation, the notice of
violation shall become a final order of the commissioner and will not be subject to review
by any court or agency. The request for reconsideration must:
new text end

new text begin (1) specify which parts of the notice of violation the person believes are in error;
new text end

new text begin (2) explain why the person believes the parts are in error; and
new text end

new text begin (3) provide documentation to support the request for reconsideration.
new text end

new text begin The commissioner shall respond in writing to requests for reconsideration
made under this paragraph within 15 days after receiving the request. A request for
reconsideration does not stay a requirement to correct a violation as set forth in the notice
of violation. After reviewing the request for reconsideration, the commissioner may
affirm, modify, or rescind the notice of violation. The commissioner's response to a
request for reconsideration is final and shall not be reviewed by any court or agency.
new text end

new text begin Subd. 7. new text end

new text begin Administrative orders; correction; assessment of monetary
penalties.
new text end

new text begin (a) The commissioner may issue an administrative order to any person who
the commissioner determines has committed a violation of the applicable law. The
commissioner shall issue the administrative order by serving the administrative order on
the person. The administrative order may require the person to correct the violation,
may require the person to cease and desist from committing the violation, and may
assess monetary penalties. The commissioner shall follow the procedures in section
326B.083 when issuing administrative orders. Except as provided in paragraph (b), the
commissioner may issue to each person a monetary penalty of up to $10,000 for each
violation of applicable law committed by the person. The commissioner may order that
part or all of the monetary penalty will be forgiven if the person to whom the order is
issued demonstrates to the commissioner by the 31st day after the order is issued that
the person has corrected the violation or has developed a correction plan acceptable to
the commissioner.
new text end

new text begin (b) The commissioner may issue an administrative order for failure to correct a
violation by the deadline stated in a final administrative order issued under paragraph (a).
Each day after the deadline during which the violation remains uncorrected is a separate
violation for purposes of calculating the maximum monetary penalty amount.
new text end

new text begin (c) Upon the application of the commissioner, a district court shall find the failure of
any person to correct a violation as required by a final administrative order issued by the
commissioner under this subdivision as a contempt of court.
new text end

new text begin Subd. 8. new text end

new text begin Hearings related to administrative orders. new text end

new text begin (a) Within 30 days after the
commissioner issues an administrative order or within 20 days after the commissioner
issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
person to whom the administrative order or notice is issued may request an expedited
hearing to review the commissioner's order or notice. The request for hearing must be
in writing and must be served on or faxed to the commissioner at the address or fax
number specified in the order or notice. If the person does not request a hearing or if the
person's written request for hearing is not served on or faxed to the commissioner by the
30th day after the commissioner issues the administrative order or the 20th day after the
commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
clause (3), the order will become a final order of the commissioner and will not be subject
to review by any court or agency. The date on which a request for hearing is served by
mail shall be the postmark date on the envelope in which the request for hearing is mailed.
The hearing request must specifically state the reasons for seeking review of the order or
notice. The person to whom the order or notice is issued and the commissioner are the
parties to the expedited hearing. The commissioner must notify the person to whom the
order or notice is issued of the time and place of the hearing at least 15 days before the
hearing. The expedited hearing must be held within 45 days after a request for hearing has
been served on the commissioner unless the parties agree to a later date.
new text end

new text begin (b) All written arguments must be submitted within ten days following the close of
the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
consultation with the agency, adopt rules specifically applicable to cases under this section.
new text end

new text begin (c) The administrative law judge shall issue a report making findings of fact,
conclusions of law, and a recommended order to the commissioner within 30 days
following the close of the record.
new text end

new text begin (d) If the administrative law judge makes a finding that the hearing was requested
solely for purposes of delay or that the hearing request was frivolous, the commissioner
may add to the amount of the penalty the costs charged to the department by the Office of
Administrative Hearings for the hearing.
new text end

new text begin (e) If a hearing has been held, the commissioner shall not issue a final order until
at least five days after the date of the administrative law judge's report. Any person
aggrieved by the administrative law judge's report may, within those five days, serve
written comments to the commissioner on the report and the commissioner shall consider
the comments. The commissioner's final order may be appealed in the manner provided in
sections 14.63 to 14.69.
new text end

new text begin Subd. 9. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law, the
commissioner may bring an action for injunctive relief in the Ramsey County District
Court or, at the commissioner's discretion, in the district court in the county in which the
commissioner has determined a violation of the applicable law has occurred or is about to
occur to enjoin the violation. A temporary restraining order and other injunctive relief
shall be granted by the district court if the court determines that a person has engaged in or
is about to engage in an act, conduct, or practice constituting a violation of the applicable
law. The commissioner shall not be required to show irreparable harm.
new text end

new text begin Subd. 10. new text end

new text begin Stop orders. new text end

new text begin (a) If the commissioner determines based on an inspection
or investigation that a person has violated or is about to violate the applicable law, the
commissioner may issue to the person a stop order requiring the person to cease and desist
from committing the violation.
new text end

new text begin (b) If the commissioner determines that a condition exists on real property that
violates the applicable law, the commissioner may issue a stop order to the owner or
lessee of the real property to cease and desist from committing the violation and to correct
the condition that is in violation.
new text end

new text begin (c) The commissioner shall issue the stop work order by:
new text end

new text begin (1) serving the order on the person who has committed or is about to commit the
violation;
new text end

new text begin (2) posting the order at the location where the violation was committed or is about to
be committed or at the location where the violating condition exists; or
new text end

new text begin (3) serving the order on any owner or lessee of the real property where the violating
condition exists.
new text end

new text begin (d) A stop order shall:
new text end

new text begin (1) describe the act, conduct, or practice committed or about to be committed, or the
condition, and include a reference to the applicable law that the act, conduct, practice, or
condition violates or would violate; and
new text end

new text begin (2) provide notice that any person aggrieved by the stop order may request a hearing
as provided in paragraph (e).
new text end

new text begin (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
by the order may request an expedited hearing to review the commissioner's action.
The request for hearing must be made in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the order. If the person does not
request a hearing or if the person's written request for hearing is not served on or faxed to
the commissioner on or before the 30th day after the commissioner issued the stop order,
the order will become a final order of the commissioner and will not be subject to review
by any court or agency. The date on which a request for hearing is served by mail is the
postmark date on the envelope in which the request for hearing is mailed. The hearing
request must specifically state the reasons for seeking review of the order. The person who
requested the hearing and the commissioner are the parties to the expedited hearing. The
hearing shall be commenced within ten days after the commissioner receives the request
for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
1400.8612, as modified by this subdivision. The administrative law judge shall issue a
report containing findings of fact, conclusions of law, and a recommended order within
ten days after the conclusion of the hearing. Any party aggrieved by the administrative
law judge's report shall have five days after the date of the administrative law judge's
report to submit exceptions and argument to the commissioner. Within 15 days after
receiving the administrative law judge's report, the commissioner shall issue an order
vacating, modifying, or making permanent the stop order. The commissioner and the
person requesting the hearing may by agreement lengthen any time periods described in
this paragraph. The Office of Administrative Hearings may, in consultation with the
agency, adopt rules specifically applicable to cases under this subdivision.
new text end

new text begin (f) A stop order issued under this subdivision shall be in effect until it is modified or
vacated by the commissioner or an appellate court. The administrative hearing provided
by this subdivision and any appellate judicial review as provided in chapter 14 shall
constitute the exclusive remedy for any person aggrieved by a stop order.
new text end

new text begin (g) Upon the application of the commissioner, a district court shall find the failure of
any person to comply with a final stop order lawfully issued by the commissioner under
this subdivision as a contempt of court.
new text end

new text begin Subd. 11. new text end

new text begin Licensing orders; grounds; reapplication. new text end

new text begin (a) The commissioner may
deny an application for a permit, license, registration, or certificate if the applicant does
not meet or fails to maintain the minimum qualifications for holding the permit, license,
registration, or certificate, or has any unresolved violations or unpaid fees or monetary
penalties related to the activity for which the permit, license, registration, or certificate has
been applied for or was issued.
new text end

new text begin (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
person's permit, license, registration, or certificate, or censure the person holding the
permit, license, registration, or certificate, if the commissioner finds that the person:
new text end

new text begin (1) committed one or more violations of the applicable law;
new text end

new text begin (2) submitted false or misleading information to the state in connection with
activities for which the permit, license, registration, or certificate was issued, or in
connection with the application for the permit, license, registration, or certificate;
new text end

new text begin (3) allowed the alteration or use of the person's own permit, license, registration,
or certificate by another person;
new text end

new text begin (4) within the previous five years, was convicted of a crime in connection with
activities for which the permit, license, registration, or certificate was issued;
new text end

new text begin (5) violated a final administrative order issued under subdivision 7 or a final stop
order issued under subdivision 10, or injunctive relief issued under subdivision 9;
new text end

new text begin (6) failed to cooperate with a commissioner's request to give testimony, to produce
documents, things, apparatus, devices, equipment, or materials, or to access property
under subdivision 2;
new text end

new text begin (7) retaliated in any manner against any employee or person who is questioned by,
cooperates with, or provides information to the commissioner or an employee or agent
authorized by the commissioner who seeks access to property or things under subdivision
2;
new text end

new text begin (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
new text end

new text begin (9) performed work in connection with the permit, license, registration, or
certificate or conducted the person's affairs in a manner that demonstrates incompetence,
untrustworthiness, or financial irresponsibility.
new text end

new text begin (c) If the commissioner revokes a person's permit, license, registration, or certificate
under paragraph (b), the person is prohibited from reapplying for the same type of permit,
license, registration, or certificate for at least two years after the effective date of the
revocation. The commissioner may, as a condition of reapplication, require the person to
obtain a bond or comply with additional reasonable conditions the commissioner considers
necessary to protect the public.
new text end

new text begin (d) If a permit, license, registration, or certificate expires, or is surrendered,
withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
institute a proceeding under this subdivision within two years after the permit, license,
registration, or certificate was last effective and enter a revocation or suspension order as
of the last date on which the permit, license, registration, or certificate was in effect.
new text end

new text begin Subd. 12. new text end

new text begin Issuance of licensing orders; hearings related to licensing orders.
new text end

new text begin (a) If the commissioner determines that a permit, license, registration, or certificate
should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
or that the permit holder, licensee, registrant, or certificate holder should be censured
under subdivision 11, then the commissioner shall issue to the person an order denying,
conditioning, limiting, suspending, or revoking the person's permit, license, registration,
or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
new text end

new text begin (b) Any order issued under paragraph (a) may include an assessment of monetary
penalties and may require the person to cease and desist from committing the violation
or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
committed by the person. The procedures in section 326B.083 must be followed when
issuing orders under paragraph (a).
new text end

new text begin (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
the commissioner issues an order under paragraph (a) shall have 30 days after service of
the order to request a hearing. The request for hearing must be in writing and must be
served on or faxed to the commissioner at the address or fax number specified in the order
by the 30th day after service of the order. If the person does not request a hearing or if
the person's written request for hearing is not served on or faxed to the commissioner
by the 30th day after service of the order, the order shall become a final order of the
commissioner and will not be subject to review by any court or agency. The date on which
a request for hearing is served by mail shall be the postmark date on the envelope in which
the request for hearing is mailed. If the person submits to the commissioner a timely
request for hearing, a contested case hearing shall be held in accordance with chapter 14.
new text end

new text begin (d) Paragraph (c) does not apply to summary suspension under subdivision 13.
new text end

new text begin Subd. 13. new text end

new text begin Summary suspension. new text end

new text begin In any case where the commissioner has
issued an order to revoke or suspend a license, registration, certificate, or permit under
subdivision 12, the commissioner may summarily suspend the person's permit, license,
registration, or certificate before the order becomes final. The commissioner shall issue a
summary suspension order when the safety of life or property is threatened or to prevent
the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
public. The summary suspension shall not affect the deadline for submitting a request
for hearing under subdivision 12. If the commissioner summarily suspends a person's
permit, license, registration, or certificate, a timely request for hearing submitted under
subdivision 12 shall also be considered a timely request for hearing on continuation of
the summary suspension. If the commissioner summarily suspends a person's permit,
license, registration, or certificate under this subdivision and the person submits a timely
request for a hearing, then a hearing on continuation of the summary suspension must be
held within ten days after the commissioner receives the request for hearing unless the
parties agree to a later date.
new text end

new text begin Subd. 14. new text end

new text begin Plan for assessing penalties. new text end

new text begin The commissioner may prepare a plan for
assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
provide a 30-day period for public comment on any such plan. Penalties assessed by the
commissioner in accordance with the plan shall be presumed reasonable.
new text end

new text begin Subd. 15. new text end

new text begin Effect on other laws. new text end

new text begin Nothing in this section shall be construed to limit
the application of other state or federal laws, including specifically but not exclusively
section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
permit, license, registration, or certificate issued by the commissioner.
new text end

new text begin Subd. 16. new text end

new text begin Misdemeanor penalties. new text end

new text begin Except as otherwise provided by law, a person
who violates an applicable law is guilty of a misdemeanor.
new text end

new text begin Subd. 17. new text end

new text begin Revocation and suspension of license. new text end

new text begin If a person fails to pay a penalty
owed under this section or section 326B.083, the commissioner may revoke, suspend, or
deny any or all licenses, permits, certificates, and registrations issued by the department.
new text end

Sec. 3.

new text begin [326B.083] AMOUNT OF PENALTY; CONTENTS OF
ADMINISTRATIVE AND LICENSING ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Amount of penalty; considerations. new text end

new text begin In determining the amount of
a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
consider the factors described in section 14.045, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Contents of administrative order and licensing order. new text end

new text begin (a) An
administrative order and a licensing order must include:
new text end

new text begin (1) a summary of the facts that constitute the violation or violations;
new text end

new text begin (2) a reference to the applicable law that has been violated; and
new text end

new text begin (3) a statement of the person's right to request a hearing.
new text end

new text begin (b) An administrative order may include a requirement that the violation be
corrected. If the order includes a requirement that the violation be corrected, then the
order must include, in addition to any statements required under paragraphs (a) and (c),
the deadline by which the violation must be corrected.
new text end

new text begin (c) An administrative order or a licensing order may assess monetary penalties. If
the order assesses monetary penalties, then the order must include, in addition to any
statements required under paragraphs (a) and (b):
new text end

new text begin (1) a statement of the amount of the monetary penalty imposed;
new text end

new text begin (2) a statement that, when the order becomes final, the commissioner may file and
enforce the unpaid portion of a penalty as a judgment in district court without further
notice or additional proceedings; and
new text end

new text begin (3) if the order is an administrative order, a statement of the amount of the penalty,
if any, that will be forgiven if the person who is subject to the order demonstrates to the
commissioner by the 31st day after the order is served that the person has corrected the
violation or has developed a correction plan acceptable to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) If an administrative order includes a penalty assessment, then
the penalty is due and payable on the date the administrative order becomes final unless
some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
then the penalty is due and payable on the date the licensing order becomes final.
new text end

new text begin (b) This paragraph applies if an administrative order includes a penalty assessment
and all or a portion of the penalty is forgivable.
new text end

new text begin (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
and payable ten days after the date the administrative order becomes final.
new text end

new text begin (2) The commissioner shall forgive the forgivable portion of the penalty if the
commissioner determines that the violation has been corrected within the time set by
the order or the person to whom the order was issued has developed a correction plan
acceptable to the commissioner within the time set by the order.
new text end

new text begin (3) If the commissioner determines that the person to whom the order was issued
has failed to correct the violation within the time set by the order or has failed to develop
a correction plan acceptable to the commissioner within the time set by the order, then
the forgivable portion of the penalty is due and payable ten days after the commissioner
serves notice of the determination on the person or on the date the administrative order
becomes final, whichever is later.
new text end

new text begin (c) This paragraph applies if an administrative order or a licensing order includes a
penalty assessment and if the person subject to the order has requested a hearing. The
administrative law judge may not recommend a change in the amount of the penalty if
the penalty was assessed in accordance with a plan prepared under section 326B.082,
subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
subdivision 14, then the administrative law judge may not recommend a change in the
amount of the penalty unless the administrative law judge determines that, based on the
factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
new text end

new text begin (d) The assessment of a penalty does not preclude the use of other enforcement
provisions, under which penalties are not assessed, in connection with the violation for
which the penalty was assessed.
new text end

Sec. 4.

new text begin [326B.084] FALSE INFORMATION.
new text end

new text begin A person subject to any of the requirements in the applicable law may not make a
false material statement, representation, or certification in; omit material information
from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
or other document required under the applicable law.
new text end

Sec. 5.

new text begin [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
new text end

new text begin In any action brought by the commissioner for enforcement of an order issued
under section 326B.082 for injunctive relief, or to compel performance pursuant to the
applicable law, if the state finally prevails, the state, in addition to other penalties provided
by law, may be allowed an amount determined by the court to be the reasonable value of
all or part of the litigation expenses incurred by the state. In determining the amount of
the litigation expenses to be allowed, the court shall give consideration to the economic
circumstances of the defendant.
new text end

Sec. 6. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.
new text end

ARTICLE 4

BUILDING CODE

Section 1.

Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:


Subd. 2.

Powers and duties, general.

Subject to other provisions of this chapter,
the commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and purchasing;

(2) provide agencies with supplies and equipment and operate all central store or
supply rooms serving more than one agency;

(3) investigate and study the management and organization of agencies, and
reorganize them when necessary to ensure their effective and efficient operation;

(4) manage and control state property, real and personal;

(5) maintain and operate all state buildings, as described in section 16B.24,
subdivision 1
;

(6) supervise, control, review, and approve all capital improvements to state
buildings and the capitol building and grounds;

(7) provide central duplicating, printing, and mail facilities;

(8) oversee publication of official documents and provide for their sale;

(9) manage and operate parking facilities for state employees and a central motor
pool for travel on state business;new text begin and
new text end

deleted text begin (10) establish and administer a State Building Code; and
deleted text end

deleted text begin (11)deleted text endnew text begin (10)new text end provide rental space within the capitol complex for a private day care
center for children of state employees. The commissioner shall contract for services as
provided in this chapter. The commissioner shall report back to the legislature by October
1, 1984, with the recommendation to implement the private day care operation.

Sec. 2.

Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:


Subd. 4.

Code.

"Code" means the State Building Code adopted by the commissioner
new text begin of labor and industry in consultation with each industry advisory committee and new text endin
accordance with sections 16B.59 to 16B.75.

Sec. 3.

Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:


Subd. 7.

deleted text beginPhysically disableddeleted text endnew text begin Person with a disabilitynew text end.

deleted text begin "Physically disabled" means
having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities
of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,
or perceptiveness.
deleted text end new text begin "Person with a disability" or "persons with disabilities" includes
people who have a vision disability, a hearing disability, a disability of coordination, a
disability of aging, or any other disability that significantly reduces mobility, flexibility,
coordination, or perceptiveness.
new text end

Sec. 4.

Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:


Subd. 8.

Remodeling.

"Remodeling" means deliberate reconstruction of an existing
public building in whole or in part in order to bring it deleted text beginup to date indeleted text endnew text begin intonew text end conformity with
present uses of the structure and to which other rules on the upgrading of health and
safety provisions are applicable.

Sec. 5.

Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:


Subd. 11.

State licensed deleted text beginfacilitiesdeleted text endnew text begin facilitynew text end.

"State licensed deleted text beginfacilitiesdeleted text endnew text begin facilitynew text end" means
a building and its grounds that are licensed by the state as a hospital, nursing home,
supervised living facility, free-standing outpatient surgical center, deleted text beginordeleted text end correctional facilitynew text begin,
boarding care home, or residential hospice
new text end.

Sec. 6.

Minnesota Statutes 2006, section 16B.61, is amended to read:


16B.61 GENERAL POWERS OF COMMISSIONER new text beginOF LABOR AND
INDUSTRY
new text end.

Subdivision 1.

Adoption of code.

Subject to sections 16B.59 to 16B.75, the
commissioner shall by rulenew text begin and in consultation with each industry advisory committeenew text end
establish a code of standards for the construction, reconstruction, alteration, and repair
of buildings, governing matters of structural materials, design and construction, fire
protection, health, sanitation, and safety, including design and construction standards
regarding heat loss control, illumination, and climate control. The code must also include
duties and responsibilities for code administration, including procedures for administrative
action, penalties, and suspension and revocation of certification. The code must conform
insofar as practicable to model building codes generally accepted and in use throughout
the United States, including a code for building conservation. In the preparation of the
code, consideration must be given to the existing statewide specialty codes presently in
use in the state. Model codes with necessary modifications and statewide specialty codes
may be adopted by reference. The code must be based on the application of scientific
principles, approved tests, and professional judgment. To the extent possible, the code
must be adopted in terms of desired results instead of the means of achieving those results,
avoiding wherever possible the incorporation of specifications of particular methods or
materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall
administer and enforce the provisions of those sections.

The commissioner shall develop rules addressing the plan review fee assessed
to similar buildings without significant modifications including provisions for use of
building systems as specified in the industrial/modular program specified in section
16B.75. Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.

Subd. 1a.

Administration by commissioner.

The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall establish appropriate permit,
plan review, deleted text beginanddeleted text end inspection feesnew text begin, and surchargesnew text end for public buildings and state licensed
facilities. deleted text beginFees and surcharges for public buildings and state licensed facilities must be
remitted to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund.
deleted text end

Municipalities other than the state having an agreement with the commissioner
for code administration and enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including surcharge, to be paid directly to the
jurisdiction by the applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner shall sign an agreement with a municipality other than
the state for plan review, code administration, and code enforcement service for public
buildings and state licensed facilities in the jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to provide those services
and if the commissioner determines that the municipality has enough adequately trained
and qualified building inspectors to provide those services for the construction project.

The commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other activities related
to building codes.

Administration and enforcement in a municipality under this section must apply
any optional provisions of the State Building Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state building official
within 30 days of its adoption.

The commissioner shall administer and enforce the provisions of the code relating to
elevators statewide, except as provided for under section 16B.747, subdivision 3.

Subd. 2.

Enforcement by certain bodies.

Under the direction and supervision of
the commissioner, the provisions of the code relating to electrical installations deleted text beginshall be
enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,
the provisions relating to
deleted text endnew text begin,new text end plumbing deleted text beginshall be enforced by the commissioner of health,
the provisions relating to
deleted text endnew text begin, boilers,new text end high pressure steam piping and appurtenances, new text beginand
new text endammonia new text beginrefrigeration new text endpiping, and bioprocess piping shall be enforced by the Department
of Labor and Industry. Fees for inspections conducted by the deleted text beginState Board of Electricitydeleted text endnew text begin
commissioner
new text end shall be paid in accordance with the rules of the deleted text beginState Board of Electricitydeleted text endnew text begin
department
new text end. Under direction of the commissioner of deleted text beginpublic safetydeleted text endnew text begin labor and industrynew text end, the
state fire marshal shall enforce the State Fire Code as provided in chapter 299F. The
deleted text begin commissioner, in consultation with thedeleted text end commissioner of labor and industrydeleted text begin,deleted text end shall adopt
amendments to the mechanical code portion of the State Building Code to implement
standards for process piping.

Subd. 3.

Special requirements.

(a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in accordance with the
code include an appropriate number of spaces suitable for the parking of motor vehicles
having a capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings, lodging
houses, apartment houses, and hotels as defined in section 299F.362 comply with the
provisions of section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in a nursing
home or hospital with an approved complete standard automatic fire extinguishing system
be constructed or maintained as self-closing or automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground
level exit when the center has more than two stairways to the ground level and its exit.

deleted text begin (e)deleted text end deleted text beginChild care facilities in churches; vertical access.deleted text end deleted text beginUntil August 1, 1996, an
organization providing child care in an existing church building which is exempt from
taxation under section 272.02, subdivision 6, shall have five years from the date of initial
licensure under chapter 245A to provide interior vertical access, such as an elevator, to
persons with disabilities as required by the State Building Code. To obtain the extension,
the organization providing child care must secure a $2,500 performance bond with the
commissioner of human services to ensure that interior vertical access is achieved by the
agreed upon date.
deleted text end

deleted text begin (f)deleted text endnew text begin (e)new text end Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of deleted text beginGroup R-3 occupancies indeleted text endnew text begin dwellings
constructed in accordance with the International Residential Code as adopted as part of
new text end the
State Building Code applies to family and group family day care homes licensed by the
Department of Human Services under Minnesota Rules, chapter 9502.

deleted text begin (g)deleted text endnew text begin (f)new text end Enclosed stairways. No provision of the code or any appendix chapter of
the code may require stairways of existing multiple dwelling buildings of two stories or
less to be enclosed.

deleted text begin (h)deleted text endnew text begin (g)new text end Double cylinder dead bolt locks. No provision of the code or appendix
chapter of the code may prohibit double cylinder dead bolt locks in existing single-family
homes, townhouses, and first floor duplexes used exclusively as a residential dwelling.
Any recommendation or promotion of double cylinder dead bolt locks must include a
warning about their potential fire danger and procedures to minimize the danger.

deleted text begin (i)deleted text endnew text begin (h)new text end Relocated residential buildings. A residential building relocated within
or into a political subdivision of the state need not comply with the State Energy Code
or section 326.371 provided that, where available, an energy audit is conducted on the
relocated building.

deleted text begin (j)deleted text endnew text begin (i)new text end Automatic garage door opening systems. The code must require all
residential buildings as defined in section 325F.82 to comply with the provisions of
sections 325F.82 and 325F.83.

deleted text begin (k)deleted text endnew text begin (j)new text end Exit sign illumination. For a new building on which construction is begun
on or after October 1, 1993, or an existing building on which remodeling affecting 50
percent or more of the enclosed space is begun on or after October 1, 1993, the code must
prohibit the use of internally illuminated exit signs whose electrical consumption during
nonemergency operation exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.

deleted text begin (l)deleted text endnew text begin (k)new text end Exterior wood decks, patios, and balconies. The code must permit the
decking surface and upper portions of exterior wood decks, patios, and balconies to be
constructed of (1) heartwood from species of wood having natural resistance to decay or
termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
species of wood having natural resistance to decay or termites, including redwood and
cedars, or (3) treated wood. The species and grades of wood products used to construct the
decking surface and upper portions of exterior decks, patios, and balconies must be made
available to the building official on request before final construction approval.

deleted text begin (m)deleted text endnew text begin (l)new text end Bioprocess piping and equipment. No permit fee for bioprocess piping may
be imposed by municipalities under the State Building Code, except as required under
section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section
326.47 administered by the Department of Labor and Industry. All data regarding the
material production processes, including the bioprocess system's structural design and
layout, are nonpublic data as provided by section 13.7911.

Subd. 3a.

Recycling space.

The code must require suitable space for the separation,
collection, and temporary storage of recyclable materials within or adjacent to new or
significantly remodeled structures that contain 1,000 square feet or more. Residential
structures with fewer than four dwelling units are exempt from this subdivision.

Subd. 4.

Review of plans for public buildings and state licensed facilities.

Construction or remodeling may not begin on any public building or state licensed facility
until the plans and specifications have been approved by the commissioner or municipality
under contractual agreement pursuant to subdivision 1a. The plans and specifications must
be submitted for review, and within 30 days after receipt of the plans and specifications,
the commissioner or municipality under contractual agreement shall notify the submitting
authority of any corrections.

Subd. 5.

Accessibility.

(a) Public buildings. The code must provide for making
public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
deleted text begin physically disableddeleted text end personsnew text begin with disabilitiesnew text end, although this does not require the remodeling
of public buildings solely to provide accessibility and usability to deleted text beginthe physically disableddeleted text endnew text begin
persons with disabilities
new text end when remodeling would not otherwise be undertaken.

(b) Leased space. No agency of the state may lease space for agency operations
in a non-state-owned building unless the building satisfies the requirements of the State
Building Code for accessibility by deleted text beginthe physically disableddeleted text endnew text begin persons with disabilitiesnew text end, or
is eligible to display the state symbol of accessibility. This limitation applies to leases
of 30 days or more for space of at least 1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for
deleted text begin physically disableddeleted text end personsnew text begin with disabilitiesnew text end. This subdivision does not apply to any
classes, seminars, or training programs offered by the Minnesota State Colleges and
Universities or the University of Minnesota. Meetings or conferences intended for specific
individuals none of whom need the accessibility features for deleted text begindisableddeleted text end personsnew text begin with
disabilities
new text end specified in the State Building Code need not comply with this subdivision
unless a deleted text begindisableddeleted text end personnew text begin with a disabilitynew text end gives reasonable advance notice of an intent to
attend the meeting or conference. When sign language interpreters will be provided,
meetings or conference sites must be chosen which allow hearing impaired participants to
see their signing clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable
efforts were made to secure facilities which complied with those requirements and if the
selected facilities are the best available for access for deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end.
Exemptions shall be granted using criteria developed by the commissioner in consultation
with the Council on Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end. In
the interests of uniformity, this symbol is the sole symbol for display in or on all public
or private buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or grounds may
display the symbol unless it is in compliance with the rules adopted by the commissioner
under subdivision 1. Before any rules are proposed for adoption under this paragraph,
the commissioner shall consult with the Council on Disability. Rules adopted under this
paragraph must be enforced in the same way as other accessibility rules of the State
Building Code.

(f) Municipal enforcement. Municipalities which have not adopted the State
Building Code may enforce the building code requirements for deleted text begindisableddeleted text end personsnew text begin with
disabilities
new text end by either entering into a joint powers agreement for enforcement with another
municipality which has adopted the State Building Code; or contracting for enforcement
with an individual certified under section 16B.65, subdivision 3, to enforce the State
Building Code.

deleted text begin (g)deleted text end deleted text beginEquipment allowed.deleted text end deleted text beginThe code must allow the use of vertical wheelchair lifts
and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair
lift must be equipped with light or sound signaling device for use during operation of the
lift. The stairway or ramp shall be marked in a bright color that clearly indicates the
outside edge of the lift when in operation. The code shall not require a guardrail between
the lift and the stairway or ramp. Compliance with this provision by itself does not mean
other disability accessibility requirements have been met.
deleted text end

Subd. 6.

Energy efficiency.

The code must provide for building new low-income
housing in accordance with energy efficiency standards adopted under subdivision 1.
For purposes of this subdivision, low-income housing means residential housing built
for low-income persons and families under a program of a housing and redevelopment
authority, the Minnesota Housing Finance Agency, or another entity receiving money
from the state to construct such housing.

Subd. 7.

Access for the hearing-impaired.

All rooms in the State Office Building
and in the Capitol that are used by the house of representatives or the senate for legislative
hearings, and the public galleries overlooking the house and senate chambers, must
be fitted with assistive listening devices for the hearing-impaired. Each hearing room
and the public galleries must have a sufficient number of receivers available so that
hearing-impaired members of the public may participate in the committee hearings and
public sessions of the house and senate.

Subd. 8.

Separate metering for electric service.

The standards concerning heat
loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
that electrical service to individual dwelling units in buildings containing two or more
units be separately metered, with individual metering readily accessible to the individual
occupants. The standards authorized by this subdivision shall only apply to buildings
constructed after the effective date of the amended standards. Buildings intended for
occupancy primarily by persons who are 62 years of age or older or disabled, or which
contain a majority of units not equipped with complete kitchen facilities, shall be exempt
from the provisions of this subdivision.

Sec. 7.

Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:


Subd. 4.

Rules.

The commissioner deleted text beginof administrationdeleted text end shall adopt rules to implement
this section. The rules may provide for a greater ratio of women's to men's facilities
for certain types of occupancies than is required in subdivision 3, and may apply the
required ratios to categories of occupancies other than those defined as places of public
accommodation under subdivision 1.

Sec. 8.

Minnesota Statutes 2006, section 16B.617, is amended to read:


16B.617 ENERGY CODE RULES REMAIN IN EFFECT.

(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
7670, does not expire on April 15, 2000, but remains in effect for residential buildings not
covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter
7670, that apply to category 1 buildings govern new, detached single one- and two-family
R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application
for a building permit after April 14, 2000, must meet the requirements for category 1
buildings, as set out in Minnesota Rules, chapter 7670.

(b) As an alternative to compliance with paragraph (a), compliance with Minnesota
Rules, chapters 7672 and 7674, is optional for a contractor or owner.

deleted text begin (c) The Department of Administration, Building Codes and Standards Division
(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost
benefit, as well as air quality, building durability, moisture, enforcement, enforceability,
and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and
7674. The report must include a feasibility study of establishing new criteria for category
2 detached single one- and two-family R-3 occupancy buildings that are energy efficient,
enforceable, and provide sufficient nonmechanical ventilation or permeability for a home
to maintain good air quality, building durability, and adequate release of moisture.
deleted text end

deleted text begin (d)deleted text end new text begin(c) new text endThis section expires when the commissioner deleted text beginof deleted text enddeleted text beginadministrationdeleted text end adopts a new
energy code in accordance with Laws 2002, chapter 317, section 4.

Sec. 9.

Minnesota Statutes 2006, section 16B.6175, is amended to read:


16B.6175 ENERGY CODE.

Notwithstanding section 16B.617, the commissioner deleted text beginof administration,deleted text end in
consultation with the Construction Codes Advisory Council, shall explore and review the
availability and appropriateness of any model energy codes related to the construction
of single one- and two-family residential buildings. In consultation with the council, the
commissioner shall take steps to adopt the chosen code with all necessary and appropriate
amendments.

The commissioner may not adopt all or part of a model energy code relating to
the construction of residential buildings without research and analysis that addresses,
at a minimum, air quality, building durability, moisture, enforcement, enforceability
cost benefit, and liability. The research and analysis must be completed in cooperation
with practitioners in residential construction and building science and an affirmative
recommendation by the Construction Codes Advisory Council.

Sec. 10.

Minnesota Statutes 2006, section 16B.63, is amended to read:


16B.63 STATE BUILDING OFFICIAL.

Subdivision 1.

Appointment.

The commissioner shall appoint a state building
official who under the direction and supervision of the commissioner shall administer
the code.

Subd. 2.

Qualifications.

To be eligible for appointment as state building official an
individual must be competent in the field of administration and shall have the experience
in building design, construction, and supervision which the commissioner considers
necessary.

Subd. 3.

Powers and duties.

The state building official may, with the approval of
the commissioner, employ personnel necessary to carry out the inspector's function under
sections 16B.59 to 16B.75. The state building official shall distribute without charge
deleted text begin one copydeleted text endnew text begin a printed or electronic versionnew text end of the code to each municipality within the state.
deleted text begin Additional copiesdeleted text endnew text begin A printed or electronic version of the codenew text end shall be made available
to municipalities and interested parties for a fee prescribed by the commissioner. The
state building official shall perform other duties in administering the code assigned by
the commissioner.

Subd. 4.

Accessibility specialists.

The state building official shall, with the
approval of the commissioner, assign three department employees to assist municipalities
in complying with section 16B.61, subdivision 5.

Subd. 5.

Interpretative authority.

To achieve uniform and consistent application
of the State Building Code, the state building official has final interpretative authority
applicable to all codes adopted as part of the State Building Code except for the Plumbing
Code and the Electrical Code when enforced by the State Board of Electricitynew text begin, Mechanical
Systems Council, Plumbing Council, Board of Construction, Building and Structural
Code Council, Fire Protection Council, and Council of High Pressure Piping Systems
new text end.
A final interpretative committee composed of seven members, consisting of three
building officials, two inspectors from the affected field, and two construction industry
representatives, shall review requests for final interpretations relating to that field. A
request for final interpretation must come from a local or state level building code
board of appeals. The state building official must establish procedures for membership
of the interpretative committees. The appropriate committee shall review the request
and make a recommendation to the state building official for the final interpretation
within 30 days of the request. The state building official must issue an interpretation
within ten business days from the recommendation from the review committee. A final
interpretation may be appealed within 30 days of its issuance to the commissioner under
section 16B.67. The final interpretation must be published within ten business days of its
issuance and made available to the public. Municipal building officials shall administer all
final interpretations issued by the state building official until the final interpretations are
considered for adoption as part of the State Building Code.

Sec. 11.

Minnesota Statutes 2006, section 16B.65, is amended to read:


16B.65 BUILDING OFFICIALS.

Subdivision 1.

Designation.

deleted text beginBy January 1, 2002,deleted text end Each municipality shall designate
a building official to administer the code. A municipality may designate no more than one
building official responsible for code administration defined by each certification category
established in rule. Two or more municipalities may combine in the designation of a
building official for the purpose of administering the provisions of the code within their
communities. In those municipalities for which no building officials have been designated,
the state building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or permanent
designation. All costs incurred by virtue of these services rendered by state employees
must be borne by the involved municipality and receipts arising from these services must
be paid deleted text begininto the state treasury and credited to the special revenue funddeleted text endnew text begin to the commissionernew text end.

Subd. 2.

Qualifications.

A building official, to be eligible for designation, must
be certified and have the experience in design, construction, and supervision which
the commissioner deems necessary and must be generally informed on the quality and
strength of building materials, accepted building construction requirements, and the nature
of equipment and needs conducive to the safety, comfort, and convenience of building
occupants. No person may be designated as a building official for a municipality unless
the commissioner determines that the official is qualified as provided in subdivision 3.

Subd. 3.

Certification.

The commissioner shallnew text begin by rule establish certification
criteria as proof of qualification according to subdivision 2. The commissioner may
new text end:

(1) deleted text beginprepare and conductdeleted text endnew text begin develop and administernew text end written and practical examinations
to determine if a person is qualified pursuant to subdivision 2 to be a building official;

(2) accept documentation of successful completion of testing programs developed
new text begin and administered new text endby nationally recognized testing agencies, as proof of qualification
pursuant to subdivision 2; or

(3) determine qualifications by deleted text beginboth clauses (1) and (2)deleted text endnew text begin satisfactory completion of
clause (2) and a mandatory training program developed or approved by the commissioner
new text end.

Upon a determination of qualification under clause (1), (2), or deleted text beginboth of themdeleted text endnew text begin (3)new text end,
the commissioner shall issue a certificate to the building official stating that the official
is certified. Each person applying for examination and certification pursuant to this
section shall pay a nonrefundable fee of $70. The commissioner or a designee may
establish categories of certification that will recognize the varying complexities of code
enforcement in the municipalities within the state. The commissioner shall provide
educational programs designed to train and assist building officials in carrying out their
responsibilities.

deleted text begin The Department of Employee Relations may, at the request of the commissioner,
provide statewide testing services.
deleted text end

Subd. 4.

Duties.

Building officials shall, in the municipality for which they
are designated, be responsible for all aspects of code administration for which they
are certified, including the issuance of all building permits and the inspection of all
manufactured home installations. The commissioner may direct a municipality with
a building official to perform services for another municipality, and in that event the
municipality being served shall pay the municipality rendering the services the reasonable
costs of the services. The costs may be subject to approval by the commissioner.

Subd. 5.

Oversight committee.

(a) The commissioner shall establish a Code
Administration Oversight Committee deleted text beginto evaluate, mediate, anddeleted text endnew text begin that will, at the
commissioner's request,
new text end recommend to the commissioner deleted text beginany administrative action,
penalty, suspension, or revocation with respect
deleted text endnew text begin appropriate action according to section
326B.82, in response
new text end to deleted text begincomplaints filed with ordeleted text end information received new text beginor obtained new text endby the
commissioner deleted text beginalleging or indicating deleted text endnew text begin that supports a finding that: (1) an individual has
engaged in, or is about to engage in,
new text endthe unauthorized performance of deleted text beginofficialdeleted text endnew text begin thenew text end duties
new text begin of a certified building official new text endor new text beginthe new text endunauthorized use of the deleted text begintitledeleted text end certified building officialdeleted text begin,deleted text end
new text begin title; new text endor deleted text begina violation ofdeleted text end new text begin(2) a certified building official has violated a new text endstatute, rule, new text beginstipulation,
agreement, settlement, compliance agreement, cease and desist agreement,
new text endor order that
the commissioner has new text beginadopted, new text endissuednew text begin,new text end or deleted text beginis empowereddeleted text endnew text begin has the authoritynew text end to enforcenew text begin and
that is related to the duties of a certified building official
new text end.

new text begin (b) new text endThe committee deleted text beginconsistsdeleted text endnew text begin shall consistnew text end of new text beginsix members. One member shall be the
commissioner's designee and
new text endfive new text beginmembers shall be new text endcertified building officialsdeleted text begin,deleted text end new text beginwho are
appointed by the commissioner.
new text endAt least two of deleted text beginwhomdeleted text endnew text begin the appointed certified building
officials
new text end must be from nonmetropolitan counties. new text beginFor the new text endcommittee members deleted text beginmust be
compensated according to
deleted text end new text beginwho are not state officials or employees, their compensation
and removal from the oversight committee is governed by
new text endsection 15.059deleted text begin, subdivision 3deleted text end.
The commissioner's designee shall deleted text beginact as an ex-officio member of the oversight committeedeleted text endnew text begin
serve as the chair of the oversight committee and shall not vote
new text end. new text beginThe terms of the appointed
members of the oversight committee shall be four years. The terms of three of the
appointed members shall be coterminous with the governor and the terms of the remaining
two appointed members shall end on the first Monday in January one year after the terms
of the other appointed members expire. An appointed member may be reappointed. The
committee is not subject to the expiration provisions of section 15.059, subdivision 5.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end If the commissioner deleted text beginhas a reasonable basis to believedeleted text endnew text begin determinesnew text end that
deleted text begin a persondeleted text endnew text begin an individualnew text end has engaged in deleted text beginan act or practice constitutingdeleted text end the unauthorized
performance of deleted text beginofficialdeleted text endnew text begin thenew text end dutiesdeleted text begin,deleted text endnew text begin of a certified building official ornew text end the unauthorized use
of the deleted text begintitledeleted text end certified building officialnew text begin titlenew text end, or new text beginthat new text enda deleted text beginviolation ofdeleted text endnew text begin certified building official
has violated
new text end a statute, rule, new text beginstipulation, agreement, settlement, compliance agreement,
cease and desist agreement,
new text endor order that the commissioner has new text beginadopted, new text endissuednew text begin,new text end or is
deleted text begin empowereddeleted text endnew text begin authorizednew text end to enforcenew text begin that is related to the duties of a certified building officialnew text end,
the commissioner may deleted text beginproceed withdeleted text endnew text begin takenew text end administrative actions deleted text beginor penalties as described
in subdivision 5a or suspension or revocation as described in subdivision 5b.
deleted text endnew text begin against the
individual according to section 326B.082, subdivisions 7 and 11.
new text end

deleted text begin Subd. 5a. deleted text end

deleted text begin Administrative action and penalties. deleted text end

deleted text begin The commissioner shall, by rule,
establish a graduated schedule of administrative actions for violations of sections
to and rules adopted under those sections. The schedule must be based on and
reflect the culpability, frequency, and severity of the violator's actions. The commissioner
may impose a penalty from the schedule on a certification holder for a violation of sections
to and rules adopted under those sections. The penalty is in addition to
any criminal penalty imposed for the same violation. Administrative monetary penalties
imposed by the commissioner must be paid to the special revenue fund.
deleted text end

Subd. 5b.

deleted text begin Suspension; revocation. deleted text end new text begin Grounds. new text end

deleted text begin Except as otherwise provided for by
law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue
or reissue a building official certification if the applicant, building official, or certification
holder:
deleted text end new text begin In addition to the grounds specified in section 326B.082, subdivision 11, the
commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or
may censure an applicant or individual holding a certificate, if the applicant or individual:
new text end

(1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
sections; new text beginor
new text end

(2) engages in fraud, deceit, or misrepresentation while performing the duties of a
certified building officialdeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (3) makes a false statement in an application submitted to the commissioner or in a
document required to be submitted to the commissioner; or
deleted text end

deleted text begin (4) violates an order of the commissioner.
deleted text end

deleted text begin Notice must be provided and the hearing conducted in accordance with the provisions
of chapter 14 governing contested case proceedings.
deleted text end Nothing in this subdivision limits or
otherwise affects the authority of a municipality to dismiss or suspend a building official
at its discretion, except as otherwise provided for by law.

new text begin Subd. 5c. new text end

new text begin Action against unlicensed persons. new text end

new text begin The commissioner may take any
administrative action provided under section 326B.082, against an individual required
to be certified under subdivision 3, based upon conduct that would provide grounds for
action against a certificate holder under this section.
new text end

Subd. 6.

Vacancies.

In the event that a designated building official position is
vacant within a municipality, that municipality shall designate a certified building official
to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
or designation in writing within 15 days. If the municipality fails to designate a certified
building official within 15 days of the occurrence of the vacancy, the state building official
may provide state employees to serve that function as provided in subdivision 1 until the
municipality makes a temporary or permanent designation. Municipalities must not issue
permits without a designated certified building official.

Subd. 7.

Continuing education.

Subject to sections 16B.59 to 16B.75, the
commissioner may by rule establish or approve continuing education programs for
deleted text begin municipaldeleted text endnew text begin certifiednew text end building officials dealing with matters of building code administration,
inspection, and enforcement.

Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner deleted text beginevery
three calendar years
deleted text end to retain certification.

deleted text begin Each person certified as a building official must submit in writing to the
commissioner an application for renewal of certification within 60 days of the last day of
the third calendar year following the last certificate issued. Each application for renewal
must be accompanied by proof of satisfactory completion of minimum continuing
education requirements and the certification renewal fee established by the commissioner.
deleted text end

new text begin Subd. 8. new text end

new text begin Renewal. new text end

new text begin (a) Subject to sections 16B.59 to 16B.76, the commissioner of
labor and industry may by rule adopt standards dealing with renewal requirements.
new text end

new text begin (b) If the commissioner has not issued a notice of denial of application for a
certificate holder and if the certificate holder has properly and timely filed a fully completed
renewal application, then the certificate holder may continue to engage in building official
activities whether or not the renewed certificate has been received. Applications must be
made on a form approved by the commissioner. Each application for renewal must be
fully completed, and be accompanied by proof of the satisfactory completion of minimum
continuing education requirements and the certification renewal fee established by the
commissioner. Applications are timely if received prior to the expiration of the most
recently issued certificate. An application for renewal that does not contain all of the
information requested is an incomplete application and will not be accepted.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin All certificates expire at 11:59:59 p.m. central time on the
date of expiration if not properly renewed in according to subdivision 8, paragraph (b).
new text end

new text begin Subd. 10. new text end

new text begin Failure to renew. new text end

new text begin An individual who has failed to make a timely
application for renewal of a certificate is not certified and must not serve as the designated
building official for any municipality until a renewed certificate has been issued by the
commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 12.

Minnesota Statutes 2006, section 16B.70, is amended to read:


16B.70 SURCHARGE.

Subdivision 1.

Computation.

To defray the costs of administering sections
16B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities in
connection with the construction of or addition or alteration to buildings and equipment or
appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
receipts to award grants for code research deleted text beginanddeleted text endnew text begin,new text end developmentnew text begin,new text end and education.

If the fee for the permit issued is fixed in amount the surcharge is equivalent to
one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
permits, the surcharge is as follows:

(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
or alteration;

(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
mill (.0004) of the value between $1,000,000 and $2,000,000;

(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
mill (.0003) of the value between $2,000,000 and $3,000,000;

(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
mill (.0002) of the value between $3,000,000 and $4,000,000;

(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
mill (.0001) of the value between $4,000,000 and $5,000,000; and

(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
mill (.00005) of the value that exceeds $5,000,000.

Subd. 2.

Collection and reports.

All permit surcharges must be collected by each
municipality and a portion of them remitted to the state. Each municipality having a
population greater than 20,000 people shall prepare and submit to the commissioner once
a month a report of fees and surcharges on fees collected during the previous month
but shall retain the greater of two percent or that amount collected up to $25 to apply
against the administrative expenses the municipality incurs in collecting the surcharges.
All other municipalities shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount collected up to $25 to apply
against the administrative expenses the municipalities incur in collecting the surcharges.
The report, which must be in a form prescribed by the commissioner, must be submitted
together with a remittance covering the surcharges collected by the 15th day following
the month or quarter in which the surcharges are collected. deleted text beginAll money collected by the
commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75
shall be deposited in the state government special revenue fund and is appropriated to the
commissioner for the purpose of administering and enforcing the State Building Code
under sections 16B.59 to 16B.75.
deleted text end

Subd. 3.

Revenue to equal costs.

Revenue received from the surcharge imposed
in subdivision 1 should approximately equal the cost, including the overhead cost, of
administering sections 16B.59 to 16B.75. By November 30 each year, the commissioner
must report to the commissioner of finance and to the legislature on changes in the
surcharge imposed in subdivision 1 needed to comply with this policy. In making this
report, the commissioner must assume that the services associated with administering
sections 16B.59 to 16B.75 will continue to be provided at the same level provided during
the fiscal year in which the report is made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 13.

Minnesota Statutes 2006, section 16B.72, is amended to read:


16B.72 REFERENDA ON STATE BUILDING CODE IN
NONMETROPOLITAN COUNTIES.

Notwithstanding any other provision of law to the contrary, a county that is not a
metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote
of the majority of its electors residing outside of municipalities that have adopted the State
Building Code before January 1, 1977, that no part of the State Building Code except the
building requirements for deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end, the requirements for bleacher
safety, and the requirements for elevator safety applies within its jurisdiction.

The county board may submit to the voters at a regular or special election the
question of adopting the building code. The county board shall submit the question to
the voters if it receives a petition for the question signed by a number of voters equal
to at least five percent of those voting in the last general election. The question on the
ballot must be stated substantially as follows:

"Shall the State Building Code be adopted in .......... County?"

If the majority of the votes cast on the proposition is in the negative, the State
Building Code does not apply in the subject county, outside home rule charter or statutory
cities or towns that adopted the building code before January 1, 1977, except the building
requirements for deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end, the requirements for bleacher safety,
and the requirements for elevator safety do apply.

Nothing in this section precludes a municipality or town that has not adopted the
State Building Code from adopting and enforcing by ordinance or other legal means the
State Building Code within its jurisdiction.

Sec. 14.

Minnesota Statutes 2006, section 16B.73, is amended to read:


16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
LOCAL OPTION.

The governing body of a municipality whose population is less than 2,500 may
provide that the State Building Code, except the requirements for deleted text begindisableddeleted text end personsnew text begin with
disabilities
new text end, the requirements for bleacher safety, and the requirements for elevator
safety, will not apply within the jurisdiction of the municipality, if the municipality is
located in whole or in part within a county exempted from its application under section
16B.72. If more than one municipality has jurisdiction over an area, the State Building
Code continues to apply unless all municipalities having jurisdiction over the area have
provided that the State Building Code, except the requirements for deleted text begindisableddeleted text end personsnew text begin with
disabilities
new text end, the requirements for bleacher safety, and the requirements for elevator safety,
does not apply within their respective jurisdictions. Nothing in this section precludes a
municipality or town from adopting and enforcing by ordinance or other legal means the
State Building Code within its jurisdiction.

Sec. 15.

Minnesota Statutes 2006, section 16B.735, is amended to read:


16B.735 ENFORCEMENT OF REQUIREMENTS FOR deleted text beginDISABLEDdeleted text end
PERSONSnew text begin WITH DISABILITIESnew text end.

A statutory or home rule charter city that is not covered by the State Building Code
because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in
the city of the State Building Code's requirements for deleted text begindisableddeleted text end personsnew text begin with disabilitiesnew text end. In
all other areas where the State Building Code does not apply because of action taken under
section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.

Sec. 16.

Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

deleted text beginAs used indeleted text endnew text begin For the purposes ofnew text end sections new text begin16B.61,
16B.72, 16B.73, and
new text end16B.74
to the terms deleted text begin"passenger or freight elevator,"
"automatic operation" and "continuous pressure operation"
deleted text endnew text begin defined in this sectionnew text end shall
have the deleted text beginfollowingdeleted text end meaningsnew text begin given themnew 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. 17.

Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:


Subd. 2.

Passenger or freight elevator.

"Passenger or freight elevator" means
all elevators except those that comply with the safety rules of the department deleted text beginof
Administration
deleted text end relating to construction and installation and that have automatic operation
or continuous pressure operation.

Sec. 18.

Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Elevator inspection. new text end

new text begin "Elevator inspection" means an examination of
elevator installations, repairs, alterations, removal, and construction for compliance with
the State Building Code that may include witnessing tests performed on elevators by
elevator personnel, performing tests on elevators, or an audit of records related to routine
and periodic maintenance and testing, or any combination thereof when performed by the
department or a municipality authorized to perform such inspections.
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. 19.

Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Elevator inspector. new text end

new text begin "Elevator inspector" means an individual who meets
the requirements established pursuant to section 16B.748, clause (1), who is performing
elevator inspections for the department or a municipality authorized to perform such
inspections.
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. 20.

Minnesota Statutes 2006, section 16B.741, is amended to read:


16B.741 ELEVATOR deleted text beginAVAILABLE FORdeleted text end INSPECTIONnew text begin AND REPORTINGnew text end.

new text begin Subdivision 1. new text end

new text begin Elevator available for inspection. new text end

A persondeleted text begin, firm, entity, or
corporation
deleted text end that owns or controls a building or other structure housing an elevator that is
subject to inspection by the department, shall, upon request, provide access at a reasonable
hour to the elevator for purposes of inspection.

new text begin Subd. 2. new text end

new text begin Persons required to report. new text end

new text begin The following persons shall report the
information specified in subdivision 3 to the commissioner by January 1, 2008:
new text end

new text begin (a) any person that, between August 1, 2005, and July 31, 2007, has provided
service, alteration, repair, or maintenance to any elevator located in Minnesota;
new text end

new text begin (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an
agreement to provide service, alteration, repair, or maintenance to any elevator located
in Minnesota;
new text end

new text begin (c) any person that owns or controls an elevator located in Minnesota that, between
August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or
maintenance on the elevator; or
new text end

new text begin (d) any person that owns or controls an elevator located in Minnesota that, between
August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service,
alteration, repair, or maintenance on the elevator.
new text end

new text begin Subd. 3. new text end

new text begin Elevator location, type, and installation date. new text end

new text begin On a form prescribed by
the commissioner, the persons required to report pursuant to subdivision 2 shall provide
the following:
new text end

new text begin (a) the location of each elevator;
new text end

new text begin (b) the type of each elevator; and
new text end

new text begin (c) the date the elevator was installed.
new text end

new text begin Subd. 4. new text end

new text begin Definition. new text end

new text begin As used in this section, "elevator" is as defined in section
16B.74, subdivision 5.
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. 21.

Minnesota Statutes 2006, section 16B.744, is amended to read:


16B.744 ELEVATORS, ENTRANCES SEALED.

It shall be the duty of the department deleted text beginof Administrationdeleted text end and the licensing authority
of any municipality which adopts any such ordinance whenever it finds any such elevator
under its jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745 to
seal the entrances of such elevator and attach a notice forbidding the use of such elevator
until the provisions thereof are complied with.

Sec. 22.

Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:


Subdivision 1.

Removal of seal.

No person, firm, or corporation may remove any
seal or notice forbidding the use of an elevator, except by authority of the department deleted text beginof
Administration
deleted text end or the licensing authority having jurisdiction over the elevator, or operate
an elevator after a notice has been attached forbidding its use, unless the notice has been
removed by authority of the department deleted text beginof Administrationdeleted text end or the licensing authority
having jurisdiction over the elevator.

Sec. 23.

Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:


Subd. 4.

Penalties.

The commissioner deleted text beginof administrationdeleted text end shall administer sections
16B.74 to 16B.749. In addition to the remedies provided for violations of this chapter,
the commissioner may impose a penalty of up to deleted text begin$1,000deleted text endnew text begin $10,000new text end for a violation of any
provision of sections 16B.74 to 16B.749.

Sec. 24.

Minnesota Statutes 2006, section 16B.747, is amended to read:


16B.747 FEES FOR LICENSURE AND INSPECTION.

Subdivision 1.

Permits.

No person, firm, or corporation may construct, install, alter,
or remove an elevator without first filing an application for a permit with the department
deleted text begin of Administrationdeleted text end or a municipality authorized by subdivision 3 to inspect elevators.
Upon successfully completing inspection and the payment of the appropriate fee, the
owner must be granted an operating permit for the elevator.

Subd. 2.

Contractor licenses.

The commissioner may establish criteria for the
qualifications of elevator contractors and issue licenses based upon proof of the applicant's
qualifications.

Subd. 3.

Permissive municipal regulation.

A municipality may conduct a system
of elevator inspection in conformity with this chapter, State Building Code requirements,
and adopted rules that includes the inspection of elevator installation, repair, alteration,
and removal, construction, and the routine and periodic inspection and testing of existing
elevators. The municipality shall employ inspectors meeting the minimum requirements
established by Minnesota Rules to perform the inspections and to witness the tests. A
municipality may establish and retain its own fees for inspection of elevators and related
devices in its jurisdiction. A municipality may not adopt standards that do not conform to
the uniform standards prescribed by the department.

If the commissioner determines that a municipality is not properly administering
and enforcing the law, rules, and codes, the commissioner shall have the inspection,
administration, and enforcement undertaken by a qualified inspector employed by the
department.

deleted text begin Subd. 4. deleted text end

deleted text begin Deposit of fees. deleted text end

deleted text begin Fees received under this section must be deposited in the
state treasury and credited to the special revenue fund.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 25.

Minnesota Statutes 2006, section 16B.748, is amended to read:


16B.748 RULES.

The commissioner may adopt rules for the following purposes:

(1) to establish minimum qualifications for elevator inspectors that must include
possession of a current elevator constructor electrician's license issued by the deleted text beginState Board
of Electricity
deleted text endnew text begin departmentnew text end and proof of successful completion of the national elevator
industry education program examination or equivalent experience;

new text begin (2) to establish minimum qualifications for elevator inspectors;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end to establish criteria for the qualifications of elevator contractors;

deleted text begin (3)deleted text endnew text begin (4)new text end to establish elevator standards under sections 16B.61, subdivisions 1 and
2
, and 16B.64;

deleted text begin (4)deleted text endnew text begin (5)new text end to establish procedures for appeals of decisions of the commissioner under
chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
advice from the elevator trade, building owners or managers, and others knowledgeable in
the installation, construction, and repair of elevators; and

deleted text begin (5)deleted text endnew text begin (6)new text end to establish requirements for the registration of all elevators.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2006, section 16B.76, is amended to read:


16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.

Subdivision 1.

Membership.

(a) The Construction Codes Advisory Council
consists of the following members:

(1) the commissioner deleted text beginof administrationdeleted text end or the commissioner's designee representing
the department's deleted text beginBuilding Codes and Standards deleted text endnew text beginConstruction Codes and Licensing
new text endDivision;

deleted text begin (2) the commissioner of health or the commissioner's designee representing an
Environmental Health Section of the department;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end the commissioner of public safety or the deleted text begincommissioner'sdeleted text endnew text begin commissioner of
public safety's
new text end designee representing the deleted text begindepartment'sdeleted text end new text beginDepartment of Public Safety's new text endState
Fire Marshal Division;

deleted text begin (4) the commissioner of commerce or the commissioner's designee representing
the department's State Energy Office; and
deleted text end

deleted text begin (5)deleted text endnew text begin (3)new text end one member deleted text beginrepresentingdeleted text endnew text begin, appointed by the commissioner, engaged innew text end each
of the following occupations deleted text beginordeleted text endnew text begin,new text end entities, deleted text beginappointed by the commissioner of administrationdeleted text endnew text begin
or industries
new text end:

(i) deleted text beginadeleted text end certified building deleted text beginofficialdeleted text endnew text begin officialsnew text end;

(ii) deleted text beginadeleted text end fire deleted text beginservice representativedeleted text endnew text begin chiefs or fire marshalsnew text end;

(iii) deleted text beginadeleted text end licensed deleted text beginarchitectdeleted text endnew text begin architectsnew text end;

(iv) deleted text beginadeleted text end licensed deleted text beginengineerdeleted text endnew text begin professional engineersnew text end;

(v) deleted text begina building owners and managers representativedeleted text endnew text begin commercial building owners
and managers
new text end;

(vi) deleted text beginadeleted text endnew text begin thenew text end licensed residential building deleted text begincontractordeleted text endnew text begin industrynew text end;

(vii) deleted text beginadeleted text endnew text begin thenew text end commercial building deleted text begincontractordeleted text endnew text begin industrynew text end;

(viii) deleted text beginadeleted text endnew text begin thenew text end heating and ventilation deleted text begincontractordeleted text endnew text begin industrynew text end;

(ix) deleted text beginadeleted text endnew text begin thenew text end plumbing deleted text begincontractordeleted text endnew text begin industrynew text end;

new text begin (x) the ventilation industry;
new text end

new text begin (xi) the power limited industry;
new text end

deleted text begin (x)deleted text endnew text begin (xii) new text end a deleted text beginrepresentative of a construction and building trades union; anddeleted text endnew text begin member of
the Board of Electricity;
new text end

deleted text begin (xi) a local unit of government representative. deleted text end new text begin (xiii) the high pressure piping
industry;
new text end

new text begin (xiv) the boiler industry;
new text end

new text begin (xv) the manufactured housing industry;
new text end

new text begin (xvi) public utility suppliers;
new text end

new text begin (xvii) the Minnesota Building and Construction Trades Council; and
new text end

new text begin (xviii) local units of government.
new text end

(b) new text beginThe commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory council.
new text endFor members who are not state officials or employees, deleted text begintermsdeleted text end, compensationdeleted text begin,deleted text end new text beginand new text endremovaldeleted text begin,
and the filling of vacancies
deleted text endnew text begin of members of the advisory councilnew text end are governed by section
15.059. deleted text beginThe council shall select one of its members to serve as chair. deleted text endnew text begin The terms of the
members of the advisory council shall be four years. The terms of eight of the appointed
members shall be coterminous with the governor and the terms of the remaining nine
appointed members shall end on the first Monday in January one year after the terms of
the other appointed members expire. An appointed member may be reappointed. Each
council member shall appoint an alternate to serve in their absence. The committee is not
subject to the expiration provision of section 15.059, subdivision 5.
new text end

deleted text begin (c) The council expires June 30, 2003.
deleted text end

new text begin Subd. 1a. new text end

new text begin Rulemaking authority. new text end

new text begin The council shall adopt rules relating to building
construction and model the rules to building construction codes generally accepted and in
use throughout the United States with consideration given to existing statewide specialty
codes presently in use in Minnesota.
new text end

Subd. 2.

Duties of council.

The council shall review laws, codes, rules, standards,
and licensing requirements relating to building construction and may:

(1) recommend ways to eliminate inconsistencies, to streamline construction
regulation and construction deleted text beginprocessesdeleted text endnew text begin proceduresnew text end, and to improve procedures within
and among jurisdictions;

(2) review and comment on current and proposed laws and rules to promote
coordination and consistency;

(3) advise agencies on possible changes in rules to make them easier to understand
and apply; and

(4) promote the coordination, within each jurisdiction, of the administration and
enforcement of construction codes.

new text begin The council shall meet a minimum of four times each year. new text endThe council shall
report its findings and recommendations to the commissioner deleted text beginof administration and
the head of any other affected agency by the end of each calendar year
deleted text end. The council
deleted text begin maydeleted text end new text beginshall new text endrecommend changes in laws or rules governing building construction. The
council deleted text beginmaydeleted text end new text beginshall new text endestablish subcommittees to facilitate its work. If the council establishes
subcommittees, it shall include in their memberships representation from entities and
organizations expressing an interest in membership. The commissioner deleted text beginof administrationdeleted text end
shall maintain a list of interested entities and organizations.

Subd. 3.

Agency cooperation.

State agencies and local governmental units shall
cooperate with the council and, so far as possible, provide information or assistance to
it upon its request. The commissioner deleted text beginof administrationdeleted text end shall provide necessary staff
and administrative support to the council.

Sec. 27.

Minnesota Statutes 2006, section 326.992, is amended to read:


326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.

(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for
all work entered into within the state. The bond must be for the benefit of persons suffering
financial loss by reason of the contractor's failure to comply with the requirements of the
State Mechanical Code. A bond given to the state must be filed with the commissioner
deleted text begin of administrationdeleted text end and is in lieu of all other bonds to any political subdivision required for
work covered by this section. The bond must be written by a corporate surety licensed to
do business in the state.

(b) The commissioner deleted text beginof administrationdeleted text end may charge each person giving bond under
this section an annual bond filing fee of $15. deleted text beginThe money must be deposited in a special
revenue fund and is appropriated to the commissioner to cover the cost of administering
the bond program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 28.

Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:


Subd. 2.

Authorized representative.

"Authorized representative" means any
person, firm or corporation, or employee thereof, approved or hired by the commissionernew text begin
of labor and industry
new text end to perform inspection services.

Sec. 29.

Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:


Subd. 3.

Manufactured Home Building Code.

"Manufactured Home Building
Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June
15, 1976, the standards code promulgated by the American National Standards Institute
and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971,
or the provisions of the National Fire Protection Association and identified as NFPA 501B,
and further revisions adopted by the commissionernew text begin of labor and industrynew text end.

"Manufactured Home Building Code" means, for manufactured homes constructed
after June 14, 1976, the manufactured home construction and safety standards promulgated
by the United States Department of Housing and Urban Development which are in effect
at the time of the manufactured home's manufacture.

Sec. 30.

Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:


Subd. 4.

Commissioner.

"Commissioner" means the commissioner of
deleted text begin administrationdeleted text endnew text begin labor and industrynew text end.

Sec. 31.

Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

Sec. 32.

Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:


Subd. 7.

Person.

"Person" means deleted text begina person, partnership, corporation or other legal
entity
deleted text endnew text begin any individual, limited liability company, corporation, partnership, incorporated
or unincorporated association, sole proprietorship, joint stock company, or any other
legal or commercial entity
new text end.

Sec. 33.

Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:


Subd. 15.

Purchaser.

"Purchaser" means the first deleted text beginpersondeleted text endnew text begin individualnew text end purchasing a
manufactured home in good faith for purposes other than resale.

Sec. 34.

Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:


Subd. 8.

Evidence of compliance.

Each manufacturer, distributor, and dealer
shall establish and maintain records, make reports, and provide information as the
commissioner or the secretary may reasonably require to be able to determine whether
the manufacturer, distributor, or dealer has acted or is acting in compliance with sections
327.31 to 327.35, and shall, upon request of a person duly designated by the commissioner
or the secretary, permit that person to inspect appropriate books, papers, records, and
documents relevant to determining whether that manufacturer, distributor, or dealer
has acted or is acting in compliance with sections 327.31 to 327.35, and the National
Manufactured Home Construction and Safety Standards Act of 1974, United States
Code, title 42, section 5401, et seq., as amendednew text begin by the National Manufactured Housing
Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
Act of 2000
new text end, or other applicable federal or state law.

Sec. 35.

Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:


Subd. 2.

Fees.

The commissioner shall by rule establish reasonable fees for seals,
installation seals and inspections which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.35. The commissioner shall also establish by
rule a monitoring inspection fee in an amount that will comply with the secretary's fee
distribution program. This monitoring inspection fee shall be an amount paid by the
manufacturer for each manufactured home produced in Minnesota. The monitoring
inspection fee shall be paid by the manufacturer to the secretary. The rules of the
fee distribution program require the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and conditionally approved
based on the number of new manufactured homes whose first location after leaving the
manufacturer is on the premises of a distributor, dealer or purchaser in that state. deleted text beginAll
money collected by the commissioner through fees prescribed by sections 327.31 to
327.36 shall be deposited in the state government special revenue fund and is appropriated
to the commissioner for the purpose of administering and enforcing the Manufactured
Home Building Code under sections 327.31 to 327.36.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 36.

Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:


Subd. 6.

Authorization as agency.

The commissioner shall apply to the secretary
for approval of the commissioner as the administrative agency for the regulation of
manufactured homes under the rules of the secretary. The commissioner may make
rules for the administration and enforcement of department responsibilities as a state
administrative agency including, but not limited to, rules for the handling of citizen's
complaints. All money received for services provided by the commissioner or the
department's authorized agents as a state administrative agency shall be deposited in
the deleted text begingeneraldeleted text endnew text begin construction codenew text end fund. The commissioner is charged with the adoption,
administration, and enforcement of the Manufactured Home Construction and Safety
Standards, consistent with rules and regulations promulgated by the United States
Department of Housing and Urban Development. The commissioner may adopt the
rules, codes, and standards necessary to enforce the standards promulgated under this
section. The commissioner is authorized to conduct hearings and presentations of views
consistent with regulations adopted by the United States Department of Housing and
Urban Development and to adopt rules in order to carry out this function.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 37.

Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:


Subd. 7.

Employees.

The commissioner may appoint such employees within
the Department of deleted text beginAdministrationdeleted text endnew text begin Labor and Industrynew text end as deemed necessary for the
administration of sections 327.31 to 327.35.

Sec. 38.

Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:


Subd. 3.

Removal of seals.

Manufactured home seals remain the property of
the Department of deleted text beginAdministrationdeleted text endnew text begin Labor and Industrynew text end and may be removed by the
commissioner from any manufactured home which is in violation of the Manufactured
Home Building Code.

Sec. 39.

Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginCivildeleted text end new text beginMonetary new text endpenalty.

new text beginNotwithstanding the penalty amount of
section 326B.082, subdivisions 7 and 12,
new text endany person who violates any provision of this
section is liable to the state of Minnesota for a deleted text begincivildeleted text end new text beginmonetary new text endpenalty of not to exceed
$1,000 for each deleted text beginoffensedeleted text endnew text begin violationnew text end. Each violation involving a separate manufactured home
or involving a separate failure or refusal to allow or perform any act required by this
section constitutes a separate deleted text beginoffensedeleted text endnew text begin violationnew text end, except that the maximum deleted text begincivildeleted text end new text beginmonetary
new text endpenalties for any related series of violations occurring within one year from the date of the
first violation may not exceed $1,000,000.

Sec. 40.

Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:


Subd. 2.

Willful violations.

Any individual or a director, officer, or agent of a
corporation who knowingly and willfully violates any provision of this section in a manner
which threatens the health or safety of any purchaser shall be deleted text beginfined not more than $3,000
or imprisoned not more than one year, or both
deleted text endnew text begin guilty of a gross misdemeanornew text end.

Sec. 41.

Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:


Subd. 4.

Commissioner.

"Commissioner" means the commissioner of
deleted text begin administrationdeleted text endnew text begin labor and industrynew text end.

Sec. 42.

Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:


Subd. 5.

Consumer customer.

"Consumer customer" means any deleted text beginnatural persondeleted text endnew text begin
individual
new text end who, primarily for personal, household or family purposes, buys, sells, or seeks
to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

Sec. 43.

Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:


Subd. 7.

Dealernew text begin or retailernew text end.

"Dealer" new text beginor "retailer" new text endmeans any person who engages
in the business, either exclusively or in addition to any other occupation, of selling or
brokering manufactured homes, new or used, or who offers to sell, solicit, broker or
advertise the sale of manufactured homes, new or used.

Sec. 44.

Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:


new text begin Subd. 10a. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

Sec. 45.

Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:


new text begin Subd. 11a. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person who is licensed as a dealer, limited
dealer, or manufacturer by the Department of Labor and Industry.
new text end

Sec. 46.

Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:


new text begin Subd. 11b. new text end

new text begin Limited dealer or limited retailer. new text end

new text begin "Limited dealer" or "limited
retailer" means any person who is an owner of a manufactured home park authorized, as
principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale
of used manufactured homes located in the owned manufactured home park, who is the
title holder and engages in no more than ten sales annually.
new text end

Sec. 47.

Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:


new text begin Subd. 14a. new text end

new text begin Manufacturing facility. new text end

new text begin "Manufacturing facility" means the physical
site where a manufacturer engages in the business of manufacture, assembly, or production
of manufactured homes.
new text end

Sec. 48.

Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:


new text begin Subd. 16a. new text end

new text begin Owner. new text end

new text begin "Owner" means any person holding title to a manufactured
home park or manufactured homes.
new text end

Sec. 49.

Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:


Subd. 17.

Person.

"Person" means any individual, new text beginlimited liability company,
new text endcorporation, firm, partnership, incorporated and unincorporated association, new text beginsole
proprietorship, joint stock company,
new text endor any other legal or commercial entity.

Sec. 50.

Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:


Subdivision 1.

License deleted text beginanddeleted text endnew text begin,new text end bondnew text begin, and liability insurancenew text end required.

No person
shall act as a dealer in manufactured homes, new or used, without a license deleted text beginanddeleted text endnew text begin,new text end a surety
bondnew text begin, and liability insurancenew text end as provided in this section. No person shall manufacture
manufactured homes without a license deleted text beginanddeleted text end new text begin for each manufacturing facility shipping into or
located within Minnesota's boundaries,
new text enda surety bondnew text begin, and liability insurancenew text end as provided
in this section. The licensing and bonding requirements of this section do not apply to
any bank, savings bank, savings association, or credit union, chartered by either this state
or the federal government, which acts as a dealer only by repossessing manufactured
homes and then offering the homes for resale.

Sec. 51.

Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:


Subd. 4.

License prerequisites.

No application shall be granted nor license issued
until the applicant proves to the commissioner that:

(a) the applicant has a permanent, established place of business at each licensed
location. An "established place of business" means a permanent enclosed building other
than a residence, or a commercial office space, either owned by the applicant or leased by
the applicant for a term of at least one year, located in an area where zoning regulations
allow commercial activity, and where the books, records and files necessary to conduct
the business are kept and maintained. The owner of a licensed manufactured home park
who resides in or adjacent to the park may use the residence as the established place of
business required by this subdivision, unless prohibited by local zoning ordinance.

If a license is granted, the licensee may use unimproved lots and premises for sale,
storage, and display of manufactured homes, if the licensee first notifies the commissioner
in writing;

(b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
of the new manufactured home it proposes to deal in;

(c) the applicant has securednew text begin: (1)new text end a surety bond in the amount of $20,000 new text beginfor the
agency and each subagency location that bears the applicant's name and the name under
which the applicant will be licensed and do business in this state. Each bond is
new text endfor the
protection of consumer customers, new text beginand must be new text endexecuted by the applicant as principal and
issued by a surety company admitted to do business in this state. deleted text beginThedeleted text endnew text begin Each new text end bond shall be
exclusively for the purpose of reimbursing consumer customers and shall be conditioned
upon the faithful compliance by the applicant with all of the laws and rules of this state
pertaining to the applicant's business as a dealer or manufacturer, including sections
325D.44, 325F.67 and 325F.69, and upon the applicant's faithful performance of all its
legal obligations to consumer customers; new text beginand (2) a certificate of liability insurance in the
amount of $1,000,000 that provides coverage for the agency and each subagency location;
new text end

(d) the applicant has established a trust account as required by section 327B.08,
subdivision 3
, unless the applicant states in writing its intention to limit its business to
selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and

(e) the applicant has provided evidence of having had at least two years' prior
experience in the sale of manufactured homes, working for a licensed dealer.

Sec. 52.

Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:


Subd. 6.

Certificate of license.

For each license granted the commissioner shall
issue a certificate which includes the name of the licensee, the name of the surety company
and the amount of the surety bond, new text beginand the insurance underwriter and policy number, new text endthe
names and addresses of any related principal or subagencies, and a license number.

Sec. 53.

Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:


Subd. 7.

Fees; licenses; when granted.

Each application for a license or license
renewal must be accompanied by a fee in an amount established by the commissioner
by rule pursuant to section 327B.10. The fees shall be set in an amount which over
the fiscal biennium will produce revenues approximately equal to the expenses which
the commissioner expects to incur during that fiscal biennium while administering and
enforcing sections 327B.01 to 327B.12. deleted text beginAll money collected by the commissioner
through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for purposes of
administering and enforcing the provisions of this chapter.
deleted text end The commissioner shall grant
or deny a license application or a renewal application within 60 days of its filing. If the
license is granted, the commissioner shall license the applicant as a dealer or manufacturer
for the remainder of the calendar year. Upon application by the licensee, the commissioner
shall renew the license for a two year period, if:

(a) the renewal application satisfies the requirements of subdivisions 3 and 4;

(b) the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding year; and

(c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
327B.12 and all taxes, arrearages, and penalties owed to the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 54.

Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:


Subd. 8.

Limited dealer's license.

The commissioner shall issue a limited dealer's
license to an owner of a manufactured home park authorizing the licensee as principal
only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
manufactured homes located in the owned manufactured home park. The licensee must
be the title holder of the homes and may engage in no more than ten sales annually. An
owner may, upon payment of the applicable fee and compliance with this subdivision,
obtain a separate license for each owned manufactured home park and is entitled to sell up
to ten homes per license provided that only one limited dealer license may be issued for
each park. The license shall be issued after:

(1) receipt of an application on forms provided by the commissioner containing
the following information:

(i) the identity of the applicant;

(ii) the name under which the applicant will be licensed and do business in this state;

(iii) the name and address of the owned manufactured home park, including a copy
of the park license, serving as the basis for the issuance of the license; deleted text beginand
deleted text end

(iv) the name, home, and business address of the applicant;

new text begin (v) the name, address, and telephone number of one individual that is designated
by the applicant to receive all communications and cooperate with all inspections and
investigations of the commissioner pertaining to the sale of manufactured homes in the
manufactured home park owned by the applicant;
new text end

new text begin (vi) whether the applicant or its designated individual has been convicted of a crime
within the previous ten years that is either related directly to the business for which the
license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
judgment in a civil action involving fraud, misrepresentation, or conversion within the
previous five years or has had any government license or permit suspended or revoked
as a result of an action brought by a federal or state governmental agency in this or any
other state within the last five years; and
new text end

new text begin (vii) the applicant's qualifications and business history, including whether the
applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
any unsatisfied court judgments outstanding against it or them;
new text end

(2) payment of a $100 annual fee; and

(3) provision of a surety bond in the amount of $5,000. A separate surety bond
must be provided for each limited license.

The applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
The holding of a limited dealer's license does not satisfy the requirement contained in
section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect
to obtaining a dealer license. The commissioner may, upon application for a renewal of
a license, require only a verification that copies of sales documents have been retained
and payment of a $100 renewal fee. "Sales documents" mean only the safety feature
disclosure form defined in section 327C.07, subdivision 3a, title of the home, financing
agreements, and purchase agreements.

The license holder shall, upon request of the commissioner, make available for
inspection during business hours sales documents required to be retained under this
subdivision.

Sec. 55.

Minnesota Statutes 2006, section 327B.04, is amended by adding a
subdivision to read:


new text begin Subd. 8a. new text end

new text begin Service. new text end

new text begin Service of a document on a limited dealer licensed under this
section may be effected by mail to or by personal service on: (1) the licensee at the
licensee's last known address; or (2) the individual designated by the licensee at that
individual's last known address.
new text end

Sec. 56.

new text begin [327B.042] NOTICE TO COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Notification. new text end

new text begin A person licensed as a dealer, limited dealer, or
manufacturer shall notify the commissioner of the occurrence of any of the events in
subdivisions 2 to 5.
new text end

new text begin Subd. 2. new text end

new text begin Change in application information. new text end

new text begin A licensee shall notify the
commissioner in writing within ten days of the change of any change in information
contained in the most recent license application on file with the commissioner, which
shall include any change in the information pertaining to the individual designated under
section 327B.04, subdivision 8, clause (1), item (vi).
new text end

new text begin Subd. 3. new text end

new text begin Civil judgment. new text end

new text begin A licensee shall notify the commissioner in writing
within ten days of any decision of a court regarding a proceeding in which the licensee
was named as a defendant, and in which fraud, misrepresentation, or the conversion of
funds was found to have been committed by the licensee.
new text end

new text begin Subd. 4. new text end

new text begin Disciplinary action in another state. new text end

new text begin A licensee shall notify the
commissioner in writing within ten days of the condition, reprimand, censure, limitation,
suspension, or revocation of any other professional or occupational license, registration,
permit, or certificate held by the licensee in this or any other state, or any other United
States jurisdiction.
new text end

new text begin Subd. 5. new text end

new text begin Criminal offense. new text end

new text begin A licensee shall notify the commissioner in
writing within ten days if the licensee is found guilty of a felony, gross misdemeanor,
misdemeanor, or any comparable offense related to manufactured home sales, improper
business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer
laws in this or any other state, or any other United States jurisdiction.
new text end

Sec. 57.

Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

new text beginIn addition to the grounds in section 326B.082,
subdivision 11,
new text endthe commissioner may by order deny, suspendnew text begin, limit, place conditions
on,
new text end or revoke deleted text beginanydeleted text endnew text begin the application ornew text end license deleted text beginon finding (1) that the order is in the public
interest and (2) that the
deleted text endnew text begin of anynew text end applicant or licensee or any of its directors, officers, limited
or general partners, controlling shareholdersnew text begin,new text end or affiliatesnew text begin for any of the following groundsnew text end:

deleted text begin (a) has filed an application for a license or a license renewal which fails to disclose
any material information or contains any statement which is false or misleading with
respect to any material fact;
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end has violated any of the provisions of sections 327B.01 to 327B.12 or any
rule or order issued by the commissioner or any prior law providing for the licensing of
manufactured home dealers or manufacturers;

deleted text begin (c)deleted text endnew text begin (b)new text end has had a previous manufacturer or dealer license revoked in this or any
other state;

deleted text begin (d)deleted text endnew text begin (c)new text end has engaged in acts or omissions which have been adjudicated or amount to a
violation of any of the provisions of section 325D.44, 325F.67 or 325F.69;

deleted text begin (e)deleted text endnew text begin (d)new text end has sold or brokered the sale of a home containing a material violation of
sections 327.31 to 327.35 about which the dealer knew or which should have been obvious
to a reasonably prudent dealer;

deleted text begin (f)deleted text endnew text begin (e)new text end has failed to make or provide all listings, notices and reports required by
the commissioner;

deleted text begin (g)deleted text endnew text begin (f)new text end has failed to pay a civil penalty assessed under subdivision 5 within ten
days after the assessment becomes final;

deleted text begin (h)deleted text endnew text begin (g)new text end has failed to pay to the commissioner or other responsible government agency
all taxes, fees and arrearages due;

deleted text begin (i)deleted text endnew text begin (h)new text end has failed to duly apply for license renewal;

deleted text begin (j)deleted text endnew text begin (i)new text end has violated any applicable manufactured home building or safety code;

deleted text begin (k)deleted text endnew text begin (j)new text end has failed or refused to honor any express or implied warranty as provided
in section 327B.03;

deleted text begin (l)deleted text endnew text begin (k)new text end has failed to continuously occupy a permanent, established place of business
licensed under section 327B.04;

deleted text begin (m)deleted text endnew text begin (l)new text end has, without first notifying the commissioner, sold a new and unused
manufactured home other than the make of manufactured home described in a franchise or
contract filed with the application for license or license renewal;

deleted text begin (n)deleted text endnew text begin (m)new text end has wrongfully failed to deliver a certificate of title to a person entitled to it;

deleted text begin (o)deleted text endnew text begin (n)new text end is insolvent or bankrupt;

deleted text begin (p)deleted text endnew text begin (o)new text end holds an impaired or canceled bond;

deleted text begin (q)deleted text endnew text begin (p)new text end has failed to notify the commissioner of bankruptcy proceedings within ten
days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;

deleted text begin (r)deleted text endnew text begin (q)new text end has, within the previous ten years, been convicted of a crime that either related
directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
or misuse of funds;

deleted text begin (s)deleted text endnew text begin (r)new text end has suffered a judgment within the previous five years in a civil action
involving fraud, misrepresentation or misuse of funds; or

deleted text begin (t)deleted text endnew text begin (s)new text end has failed to reasonably supervise any employee or agent of the dealer or
manufacturer, resulting in injury or harm to the public.

The commissioner may establish rules pursuant to section 327B.10 further
specifying, defining or establishing standards of conduct for manufactured home dealers
and manufacturers.

Sec. 58.

Minnesota Statutes 2006, section 327B.10, is amended to read:


327B.10 RULEMAKING AUTHORITY.

The commissioner may promulgate rules and issue orders reasonably necessary
to implement and administer the provisions of sections 327B.01 to 327B.12. new text beginThe
commissioner shall adopt rules establishing and approving education programs for
manufactured home installers. Each manufactured home installer must satisfactorily
complete the continuing education requirements established by the commissioner in rule.
new text end

Sec. 59. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 16B.59
new text end
new text begin 326B.101
new text end
new text begin 16B.60, subd. 1
new text end
new text begin 326B.103, subd. 1
new text end
new text begin 16B.60, subd. 2
new text end
new text begin 326B.103, subd. 4
new text end
new text begin 16B.60, subd. 3
new text end
new text begin 326B.103, subd. 9
new text end
new text begin 16B.60, subd. 4
new text end
new text begin 326B.103, subd. 5
new text end
new text begin 16B.60, subd. 5
new text end
new text begin 326B.103, subd. 3
new text end
new text begin 16B.60, subd. 6
new text end
new text begin 326B.103, subd. 11
new text end
new text begin 16B.60, subd. 7
new text end
new text begin 326B.103, subd. 10
new text end
new text begin 16B.60, subd. 8
new text end
new text begin 326B.103, subd. 12
new text end
new text begin 16B.60, subd. 9
new text end
new text begin 326B.103, subd. 8
new text end
new text begin 16B.60, subd. 10
new text end
new text begin 326B.103, subd. 7
new text end
new text begin 16B.60, subd. 11
new text end
new text begin 326B.103, subd. 13
new text end
new text begin 16B.60, subd. 12
new text end
new text begin 326B.103, subd. 6
new text end
new text begin 16B.60, subd. 13
new text end
new text begin 326B.103, subd. 2
new text end
new text begin 16B.61
new text end
new text begin 326B.106
new text end
new text begin 16B.615
new text end
new text begin 326B.109
new text end
new text begin 16B.616
new text end
new text begin 326B.112
new text end
new text begin 16B.617
new text end
new text begin 326B.115
new text end
new text begin 16B.6175
new text end
new text begin 326B.118
new text end
new text begin 16B.62
new text end
new text begin 326B.121
new text end
new text begin 16B.625
new text end
new text begin 326B.124
new text end
new text begin 16B.63
new text end
new text begin 326B.127
new text end
new text begin 16B.64
new text end
new text begin 326B.13
new text end
new text begin 16B.65
new text end
new text begin 326B.133
new text end
new text begin 16B.66
new text end
new text begin 326B.136
new text end
new text begin 16B.67
new text end
new text begin 326B.139
new text end
new text begin 16B.68
new text end
new text begin 326B.142
new text end
new text begin 16B.685
new text end
new text begin 326B.145
new text end
new text begin 16B.70
new text end
new text begin 326B.148
new text end
new text begin 16B.71
new text end
new text begin 326B.151
new text end
new text begin 16B.72
new text end
new text begin 326B.154
new text end
new text begin 16B.73
new text end
new text begin 326B.157
new text end
new text begin 16B.735
new text end
new text begin 326B.16
new text end
new text begin 16B.74
new text end
new text begin 326B.163
new text end
new text begin 16B.741
new text end
new text begin 326B.166
new text end
new text begin 16B.742
new text end
new text begin 326B.169
new text end
new text begin 16B.743
new text end
new text begin 326B.172
new text end
new text begin 16B.744
new text end
new text begin 326B.175
new text end
new text begin 16B.745
new text end
new text begin 326B.178
new text end
new text begin 16B.746
new text end
new text begin 326B.181
new text end
new text begin 16B.747
new text end
new text begin 326B.184
new text end
new text begin 16B.748
new text end
new text begin 326B.187
new text end
new text begin 16B.749
new text end
new text begin 326B.191
new text end
new text begin 16B.75
new text end
new text begin 326B.194
new text end
new text begin 16B.76
new text end
new text begin 326B.07
new text end
new text begin 326.992
new text end
new text begin 326B.197
new text end

ARTICLE 5

ELECTRICAL

Section 1.

Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:


Subd. 2.

Class A master electrician.

deleted text beginThe termdeleted text end "Class A master electrician"
means deleted text begina persondeleted text endnew text begin an individualnew text end having the necessary qualifications, training, experience,
and technical knowledge to deleted text begininstall, alter, repair, plan, lay out, and supervise the installing,
altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,
and other purposes
deleted text endnew text begin perform and supervise any electrical work, andnew text end who is licensed as deleted text beginsuchdeleted text endnew text begin
a Class A master electrician
new text end by the deleted text beginBoard of Electricitydeleted text endnew text begin commissionernew text end.

Sec. 2.

Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:


Subd. 3.

Class A journeyman electrician.

deleted text beginThe termdeleted text end "Class A journeyman
electrician" means deleted text begina persondeleted text endnew text begin an individualnew text end having the necessary qualifications, training,
experience, and technical knowledge to deleted text begininstall, alter, repair, and supervise the installing,
altering, or repairing of electrical wiring, apparatus, and equipment for light, heat,
power, and other purposes
deleted text endnew text begin perform and supervise any electrical work except for planning
or laying out of electrical wiring, and
new text end who is licensed as deleted text beginsuchdeleted text endnew text begin a Class A journeyman
electrician
new text end by the Board of Electricity.

Sec. 3.

Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Elevator constructor. new text end

new text begin "Elevator constructor" means an individual having
the necessary qualifications, training, experience, and technical knowledge to wire for,
install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and
escalators and who is licensed as an elevator constructor by the board.
new text end

Sec. 4.

Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Elevator contractor. new text end

new text begin "Elevator contractor" means a licensed contractor
whose responsible licensed individual is a licensed master elevator constructor. An
elevator contractor license does not itself qualify its holder to perform or supervise the
electrical/elevator work authorized by holding any other personal license issued by the
board.
new text end

Sec. 5.

Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:


new text begin Subd. 4c. new text end

new text begin Lineman. new text end

new text begin "Lineman" means an individual having the necessary
qualifications, training, experience, and technical knowledge to construct and maintain
transmission and distribution systems that are or will be owned or leased by an electrical
utility, and who is licensed as a lineman by the board.
new text end

Sec. 6.

Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:


new text begin Subd. 4d. new text end

new text begin Maintenance electrician. new text end

new text begin "Maintenance electrician" means an individual
having the necessary qualifications, training, experience, and technical knowledge to
properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed
as a maintenance electrician by the board or who is exempt from licensing by sections
326.241 to 326.248.
new text end

Sec. 7.

Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:


new text begin Subd. 4e. new text end

new text begin Master elevator constructor. new text end

new text begin "Master elevator constructor" means
an individual having the necessary qualifications, training, experience, and technical
knowledge to properly plan, lay out, and supervise the installation, maintenance, and
repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed
as a master elevator constructor by the board.
new text end

Sec. 8.

Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:


Subd. 5.

Contractor.

deleted text beginThe termdeleted text end "Contractor" means a persondeleted text begin, partnership, or
corporation operating a business that undertakes
deleted text endnew text begin who performsnew text end or offers to deleted text beginundertake to
plan for, lay out, or install or to make additions, alterations, or repairs in the installation
of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes
deleted text endnew text begin
perform any electrical work,
new text end with or without compensationnew text begin,new text end who is licensed as deleted text beginsuchdeleted text endnew text begin a
contractor
new text end by the Board of Electricity. A contractor's license does not of itself qualify its
holder to perform or supervise the electrical work authorized by holding any class of
electrician's or other personal electrical license.new text begin Contractor includes electrical contractors
and technology system contractors.
new text end

Sec. 9.

Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:


Subd. 6.

Class B master electrician.

deleted text beginThe termdeleted text end "Class B master electrician" means
deleted text begin a persondeleted text endnew text begin an individualnew text end having the necessary qualifications, training, experience, and
technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
altering, and repairing of electrical wiring, apparatus, and equipment for single phase
systems of not over 200 ampere capacity for light, heat, power, and other purposes on any
farm or in any single family dwelling located in any town or municipality which has a
population of less than deleted text begin2500deleted text endnew text begin 2,500new text end inhabitantsnew text begin, andnew text end who is licensed as deleted text beginsuchdeleted text endnew text begin a Class B
master electrician
new text end by the Board of Electricity.

Sec. 10.

Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:


Subd. 6a.

Class B journeyman electrician.

deleted text beginThe termdeleted text end "Class B journeyman
electrician" means deleted text begina persondeleted text endnew text begin an individualnew text end having the necessary qualifications, training,
experience, and technical knowledge to install, alter, repair, and supervise the installing,
altering, or repairing of electrical wiring, apparatus, and equipment for single phase
systems of not more than 200 ampere capacity for light, heat, power, and other purposes
on any farm or in any single family dwelling located in any town or municipality which
has a population of less than deleted text begin2500deleted text endnew text begin 2,500new text end inhabitantsnew text begin, andnew text end who is licensed as deleted text beginsuchdeleted text endnew text begin a Class B
journeyman electrician
new text end by the Board of Electricity.

Sec. 11.

Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:


Subd. 6b.

Class A installer.

deleted text beginThe termdeleted text end "Class A installer" means deleted text begina persondeleted text endnew text begin an
individual
new text end who has the necessary qualifications, training, experience, and technical
knowledge to properly lay out and install electrical wiring, apparatus, and equipment for
major electrical home appliances and such other electrical equipment as is determined
by the state Board of Electricity pursuant to section 326.242, subdivision 3, on the load
side of the main service on farmsteads or in any town or municipality with less than 1,500
inhabitants, which is not contiguous to a city of the first class and does not contain an
established business of a master electrician, and who is licensed as deleted text beginsuchdeleted text endnew text begin a Class A installernew text end
by the state Board of Electricity.

Sec. 12.

Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:


Subd. 6c.

Class B installer.

deleted text beginThe termdeleted text end "Class B installer" means deleted text begina persondeleted text endnew text begin an
individual
new text end who has the necessary qualifications, training, experience, and technical
knowledge to properly lay out and install electrical wiring, apparatus, and equipment on
center pivot irrigation booms on the load side of the main service on farmsteads, and
install other electrical equipment determined by the state Board of Electricitydeleted text begin.deleted text endnew text begin, and who is
licensed as
new text end a Class B installer deleted text beginmust be licenseddeleted text end by the Board of Electricity.

Sec. 13.

Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:


Subd. 6e.

Owner.

An owner is deleted text begina natural persondeleted text endnew text begin an individualnew text end who physically
performs electrical work on premises the deleted text beginpersondeleted text endnew text begin individualnew text end owns and actually occupies as
a residence or owns and will occupy as a residence upon completion ofnew text begin itsnew text end construction.

Sec. 14.

Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:


Subd. 6f.

Electrical work.

deleted text beginThe termdeleted text end "Electrical work" means the installing,
altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment
fornew text begin electricalnew text end light, heat, power,new text begin technology circuits or systems,new text end or other purposes. The
installing, deleted text beginalterationdeleted text endnew text begin alteringnew text end, repairing, planning, or laying out of electrical wiring,
apparatus, or equipment for new text beginelectrical new text endlight, heat, power,new text begin technology circuits or systems,new text end
or other purposes includes, but is not limited to, the performance of any work deleted text begingoverneddeleted text endnew text begin
regulated
new text end by the standards referred to in section 326.243.

Sec. 15.

Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:


Subd. 6g.

deleted text beginPersonaldeleted text endnew text begin Directnew text end supervision.

deleted text beginThe term "personaldeleted text endnew text begin "Directnew text end supervision"
means deleted text beginthat a person licensed to perform electrical work oversees and directs the electrical
work performed by an unlicensed person such that
deleted text end:

(1) deleted text beginthe licensed person actually reviews the electrical work performed by the
unlicensed person
deleted text endnew text begin an unlicensed individual is being supervised by an individual licensed
to perform the electrical work being supervised
new text end;

(2)new text begin during the entire working day of the unlicensed individual, the licensed
individual is physically present at the location where the unlicensed individual is
performing electrical work and immediately available to the unlicensed individual;
new text end

new text begin (3)new text end the licensed deleted text beginpersondeleted text endnew text begin individualnew text end is new text beginphysically present and new text endimmediately available to
the unlicensed deleted text beginpersondeleted text endnew text begin individualnew text end at all times for assistance and direction;

new text begin (4) electronic supervision does not meet the requirement of physically present and
immediately available;
new text end

new text begin (5) the licensed individual shall review the electrical work performed by the
unlicensed individual before the electrical work is operated;
new text end and

deleted text begin (3)deleted text endnew text begin (6)new text end the licensed deleted text beginpersondeleted text endnew text begin individualnew text end is able to and does determine that all electrical
work performed by the unlicensed deleted text beginpersondeleted text endnew text begin individualnew text end is performed in compliance with
section 326.243.

The licensed deleted text beginpersondeleted text endnew text begin individualnew text end is responsible for the compliance with section
326.243 of all electrical work performed by the unlicensed deleted text beginpersondeleted text endnew text begin individualnew text end.

Sec. 16.

Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:


Subd. 6j.

Residential dwelling.

A "residential dwelling" is deleted text beginan individual dwelling
of
deleted text endnew text begin a single dwelling unit that is contained innew text end a one-family, two-family, or multifamily
dwelling as defined in the National Electrical Code pursuant to section 326.243deleted text begin, including
its garage or accessory building
deleted text end.new text begin A residential dwelling includes a garage and accessory
building that can only be used by the residents of the single dwelling unit.
new text end

Sec. 17.

Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:


Subd. 6k.

Power limited technician.

deleted text beginThe termdeleted text end "Power limited technician" means
deleted text begin a persondeleted text endnew text begin an individualnew text end having the necessary qualifications, training, experience, and
technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
altering, and repairing of electrical wiring, apparatus, and equipment for technology
circuits or systemsnew text begin, andnew text end who is licensed as deleted text beginsuchdeleted text endnew text begin a power limited techniciannew text end by the Board
of Electricity.

Sec. 18.

Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:


Subd. 6l.

Technology circuits or systems.

"Technology circuits or systems" means
class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling,
control, alarm, and audio signal, including associated components as covered by the
National Electrical Code, articles 640, 645, new text begin650, new text end725, 760, 770, and 780, and which are
isolated from circuits or systems other than class 2 or class 3 by a demarcation and are
not process control circuits or systems; antenna and communication circuits or systems
as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for
indoor lighting and outdoor landscape lighting systems that are supplied by the secondary
circuit of an isolating power supply operating at 30 volts or less as covered by the National
Electrical Code, article 411. The planning, laying out, installing, altering, and repairing
of technology circuits or systems must be performed in accordance with the applicable
requirements of the National Electrical Code pursuant to section 326.243.

Sec. 19.

new text begin [326.2411] ELECTRICAL ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin The Electrical Advisory Council shall consist of 11
members who are residents of the state and appointed by the commissioner. Two shall
be representatives of the electrical suppliers in the rural areas of the state, two shall be
master electricians who are contractors, two journeyman electricians, one a registered
consulting electrical engineer, two power-limited technicians who shall be technology
system contractors primarily engaged in the business of installing technology circuits
or systems, and two public members as defined by section 214.02. Individuals serving
upon enactment shall continue to serve their terms and in the position to which they were
appointed. The department shall make provisions for staff, administrative services, and
office space as necessary for council operations determined by the advisory council.
new text end

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin (a) The advisory council shall be organized and
administered according to section 15.059, except that, notwithstanding any other law
to the contrary, the advisory council shall not expire. The advisory council shall form
a complaint committee, a technical committee, a program committee, and any other
committee deemed appropriate by the advisory council. Each committee, except for the
complaint committee, shall refer matters to the full advisory council.
new text end

new text begin (b) The complaint committee shall consist of three members of the advisory
council plus one department employee designated by the commissioner. The department
employee shall be a nonvoting member of the committee. The commissioner shall refer all
complaints filed with or information received by the commissioner alleging or indicating
violation of sections 326.241 to 326.248 to the Electrical Advisory council. The complaint
committee may render advice to the commissioner or, at its discretion, refer matters to
the full advisory council for its determination as to advice to the commissioner. The full
advisory council shall give advice to the commissioner on matters of its choosing or on
matters requested by the commissioner. The commissioner shall give a quarterly review of
all complaints, the complaint status, and the processing time to the complaint committee,
in a format determined by the complaint committee.
new text end

new text begin (c) The technical committee shall consist of three members of the advisory council
plus one department employee designated by the commissioner. The department employee
shall be a nonvoting member of the committee. The technical committee shall, at the
request of the commissioner or on its own motion, advise the commissioner regarding
technical, matters including electrical code issues, licensing issues, and licensing
examinations.
new text end

new text begin (d) The program committee shall consist of three members of the advisory council
plus one department employee designated by the commissioner. The department employee
shall be a nonvoting member of the committee. The program committee shall, at the
request of the commissioner or on its own motion, advise the commissioner on matters it
has reviewed, including experience credits.
new text end

new text begin Subd. 3. new text end

new text begin Powers. new text end

new text begin The advisory council shall have power to:
new text end

new text begin (1) elect its own officers;
new text end

new text begin (2) select from its members individuals to serve on any other state advisory councils,
boards, or committees;
new text end

new text begin (3) incur costs and expenses deemed necessary in the performance of its duties,
which shall be paid by the department;
new text end

new text begin (4) meet at least quarterly but may meet more frequently in regular or special
meetings deemed necessary or at the request of the commissioner;
new text end

new text begin (5) establish the required committees and any others deemed necessary or requested
by the commissioner; and
new text end

new text begin (6) advise the commissioner on issues related to sections 326.241 to 326.248 or as
requested by the commissioner.
new text end

Sec. 20.

Minnesota Statutes 2006, section 326.242, is amended to read:


326.242 LICENSES.

Subdivision 1.

Master electrician.

Except as otherwise provided by law, no deleted text beginpersondeleted text endnew text begin
individual
new text end shall deleted text begininstall, alter, repair, plan, lay out, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
purposes
deleted text endnew text begin perform or supervise electrical worknew text end unless the deleted text beginpersondeleted text endnew text begin individualnew text end is: (a) licensed
by the board as a master electriciannew text begin;new text end and (b)(i) the electrical work is for a licensed
contractor and the deleted text beginpersondeleted text endnew text begin individualnew text end is an employee, partner, or officer of, or is the licensed
contractor, or (ii) the electrical work is performed for the deleted text beginperson'sdeleted text endnew text begin individual'snew text end employer
on deleted text beginelectricdeleted text endnew text begin electricalnew text end wiring, apparatus, equipment, or facilitiesnew text begin that arenew text end owned or leased by
the employer deleted text beginwhich isdeleted text endnew text begin and that arenew text end located within the limits of property deleted text beginwhich isdeleted text endnew text begin operated,
maintained, and either
new text end owned or leased deleted text beginand operated and maintaineddeleted text end by the employer.

(1) An applicant for a Class A master deleted text beginelectrician'sdeleted text endnew text begin electriciannew text end license shall (a) be a
graduate of a four-year electrical course deleted text beginindeleted text endnew text begin offered bynew text end an accredited college or university;
or (b) shall have had at least one deleted text beginyear'sdeleted text endnew text begin year ofnew text end experience, acceptable to the board, as a
licensed journeyman; or (c) shall have had at least five years' experience, acceptable to
the board, in planning for, laying out, supervising and installing wiring, apparatus, or
equipment for electrical light, heat and power.

(2) As of August 1, 1985, no new Class B master deleted text beginelectrician'sdeleted text endnew text begin electriciannew text end licenses
shall be issued. An individual who has a Class B master deleted text beginelectrician'sdeleted text endnew text begin electriciannew text end license as
of August 1, 1985new text begin,new text end may retainnew text begin and renewnew text end the license and exercise the privileges it grants,
which include electrical work limited to single phase systems, not over 200 amperes in
capacity, on farmsteads or single-family dwellings located in towns or municipalities
with fewer than 2,500 inhabitants.

Subd. 2.

Journeyman electrician.

(a) Except as otherwise provided by law, no
deleted text begin persondeleted text endnew text begin individualnew text end shall install, alter, repair, or supervise the installing, altering, or repairing
of electrical wiring, apparatus, or equipment for new text beginelectrical new text endlight, heat, power,new text begin technology
circuits or systems,
new text end or other purposes unless:

(1) the deleted text beginpersondeleted text endnew text begin individualnew text end is licensed by the board as a journeyman electrician; and

(2) the electrical work is:

(i) for a contractor and the deleted text beginpersondeleted text endnew text begin individualnew text end is an employee, partner, or officer of
the licensed contractor; or

(ii) performed under the supervision of a master electrician also employed by the
deleted text begin person'sdeleted text endnew text begin individual'snew text end employer on electrical wiring, apparatus, equipment, or facilitiesnew text begin
that are
new text end owned or leased by the employernew text begin andnew text end that deleted text beginisdeleted text endnew text begin arenew text end located within the limits of
propertynew text begin operated, maintained, and eithernew text end owned or leaseddeleted text begin, operated, and maintaineddeleted text end by
the employer.

(b) An applicant for a Class A journeyman deleted text beginelectrician'sdeleted text endnew text begin electriciannew text end license shall have
had at least four years of experiencenew text begin as a registered apprentice or an unlicensed individualnew text end,
acceptable to the board, in wiring for, installing, and repairing electrical wiring, apparatus,
or equipment, provided however, that the board may by rule deleted text beginprovide for the allowance ofdeleted text endnew text begin
allow
new text end one year of experience credit fornew text begin thenew text end successful completion of a two-year post high
school electrical course approved by the board.

(c) As of August 1, 1985, no new Class B journeyman deleted text beginelectrician'sdeleted text endnew text begin electriciannew text end
licenses shall be issued. An individual who holds a Class B journeyman deleted text beginelectrician'sdeleted text endnew text begin
electrician
new text end license as of August 1, 1985new text begin,new text end may retainnew text begin and renewnew text end the license and exercise the
privileges it grants, which include electrical work limited to single phase systems, not over
200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or
municipalities with fewer than 2,500 inhabitants.

Subd. 3.

Class A installer.

Notwithstanding the provisions of subdivisions 1, 2, and
6, any deleted text beginpersondeleted text endnew text begin individualnew text end holding a Class A installer license may lay out and install and
supervise the laying out and installing of electrical wiring, apparatus, or equipment for
major electrical home appliances on the load side of the main service on farmsteads and in
any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to
a city of the first class and does not contain an established business of a contractor.new text begin No
new Class A installer licenses shall be issued after December 1, 2007. An individual
who holds a Class A installer license as of December 1, 2007, may retain and renew the
license and exercise the privileges it grants.
new text end

Subd. 3a.

Class B installer.

Notwithstanding the provisions of subdivisions 1, 2
and 6, any deleted text beginpersondeleted text endnew text begin individualnew text end holding a Class B installer license may lay out and install
electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
side of the main service on farmsteads, and install such other electrical equipment as is
deleted text begin determineddeleted text endnew text begin approvednew text end by the board.

Subd. 3b.

Coursework or experience.

An applicant for a Class A or B installer
license shall have completed a post high school course in electricity deleted text beginacceptable todeleted text endnew text begin
approved by
new text end the board or shall have had at least one deleted text beginyear'sdeleted text endnew text begin year ofnew text end experience, deleted text beginacceptable
to
deleted text endnew text begin approved bynew text end the boardnew text begin,new text end in electrical wiring.

Subd. 3c.

Bond.

Everynew text begin Class A and Class Bnew text end installer, as a condition of licensure,
shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
performance of all work contracted for or entered upon by the installer within the state of
Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
loss by reason of failure of such performance. Such bond shall be in lieu of all other
license bonds to any political subdivision of the state. Such bond shall be written by a
corporate surety licensed to do business in the state of Minnesota.

Subd. 3d.

Power limited technician.

(a) Except as otherwise provided by law,
no deleted text beginpersondeleted text endnew text begin individualnew text end shall install, alter, repair, plan, lay out, or supervise the installing,
altering, deleted text beginordeleted text end repairingnew text begin, planning, or laying outnew text end of electrical wiring, apparatus, or equipment
for technology circuits or systems unless:

(1) the deleted text beginpersondeleted text endnew text begin individualnew text end is licensed by the deleted text beginboarddeleted text endnew text begin commissionernew text end as a power limited
technician; and

(2) the electrical work is:

(i) for a licensed contractor and the deleted text beginpersondeleted text endnew text begin individualnew text end is an employee, partner, or
officer of, or is the licensed contractor; or

(ii) performed under the supervision of a master electrician or power limited
technician also employed by the deleted text beginperson'sdeleted text endnew text begin individual'snew text end employer on technology circuits,
systems, apparatus, equipment, or facilitiesnew text begin that arenew text end owned or leased by the employernew text begin andnew text end
that are located within the limits of propertynew text begin operated, maintained, and eithernew text end owned or
leaseddeleted text begin, operated, and maintaineddeleted text end by the employer.

(b) An applicant for a power limited technician's license shall (1) be a graduate
of a four-year electrical course deleted text beginindeleted text endnew text begin offered bynew text end an accredited college or university; or (2)
have had at least 36 months' experience, acceptable to the board, in planning for, laying
out, supervising, deleted text beginanddeleted text end installingnew text begin, altering, and repairingnew text end wiring, apparatus, or equipment
for power limited systems, provided however, that the board may by rule provide for the
allowance of up to 12 months (2,000 hours) of experience credit for successful completion
of a two-year post high school electrical course or other technical training approved by
the board.

deleted text begin (c) The board may initially set experience requirements without rulemaking, but
must adopt rules before July 1, 2004.
deleted text end

deleted text begin (d) Licensees must attain eight hours of continuing education acceptable to the
board every renewal period.
deleted text end

deleted text begin (e) A person who has submitted an application by June 30, 2003, to take the alarm
and communications examination administered by the board, and who has achieved a
minimal score of 70 percent on the examination by September 30, 2003, may obtain a
power limited technician license without further examination by submitting an application
and a license fee of $30.
deleted text end

deleted text begin (f)deleted text endnew text begin (c)new text end A company holding an alarm and communication license as of June 30, 2003,
may designate one deleted text beginpersondeleted text endnew text begin individualnew text end who may obtain a power limited technician license
without passing an examination administered by the deleted text beginboarddeleted text endnew text begin commissionernew text end by submitting an
application and license fee of $30.

deleted text begin (g) A person who has submitted an application by September 30, 2005, to take the
power limited technician examination administered by the board is not required to meet
the qualifications set forth in paragraph (b).
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Special electrician. deleted text end

deleted text begin Notwithstanding the provisions of subdivisions 1, 2,
6, and 7, the board may by rule provide for the issuance of special electrician licenses
empowering the licensee to engage in a limited class or classes of electrical work, which
class or classes shall be specified on the license certificate. Each licensee shall have had
at least two years of experience, acceptable to the board, in each such limited class of
work for which the licensee is licensed.
deleted text end

Subd. 5.

Unlicensed deleted text beginpersonsdeleted text endnew text begin individualsnew text end.

(a) An unlicensed deleted text beginpersondeleted text end new text beginindividual
means an individual who has not been licensed by the Board of Electricity as a Class A
master electrician, a Class A journeyman electrician, or registered with the department
in an approved apprenticeship program. An unlicensed individual
new text endshall not perform
electrical work unless new text beginthe individual has first registered with the Board of Electricity as an
unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical
work unless
new text endthe work is performed under the deleted text beginpersonaldeleted text end new text begindirect new text endsupervision of deleted text begina persondeleted text end new text beginan
individual
new text endactually licensed to perform such work deleted text beginanddeleted text endnew text begin.new text end The licensed deleted text beginelectriciandeleted text end new text beginindividual
new text endand unlicensed deleted text beginpersons aredeleted text end new text beginindividual must be new text endemployed by the same employer. Licensed
deleted text begin personsdeleted text end new text beginindividuals new text endshall not permit unlicensed deleted text beginpersonsdeleted text end new text beginindividuals new text endto perform electrical
work except under the deleted text beginpersonaldeleted text end new text begindirect new text endsupervision of deleted text begina persondeleted text end new text beginan individual new text endactually
licensed to perform such work. Unlicensed deleted text beginpersonsdeleted text end new text beginindividuals new text endshall not supervise the
performance of electrical work or make assignments of electrical work to unlicensed
deleted text begin personsdeleted text endnew text begin individualsnew text end. Except for technology circuit or system work, new text begineach new text endlicensed deleted text beginpersonsdeleted text end
new text begin individual new text endshall supervise no more than deleted text begintwodeleted text end new text beginone new text endunlicensed deleted text beginpersonsdeleted text endnew text begin individualnew text end. For
technology circuit or system work, new text begineach new text endlicensed deleted text beginpersonsdeleted text end new text beginindividual new text endshall supervise no
more than three unlicensed deleted text beginpersonsdeleted text endnew text begin individualsnew text end.

(b) Notwithstanding any other provision of this section, no deleted text beginpersondeleted text end new text beginindividual new text endother
than a new text beginlicensed new text endmaster electrician or new text beginlicensed new text endpower limited technician shall plan or lay out
electrical wiring, apparatus, or equipment for light, heat, power, or other purposes, except
circuits or systems exempted from personal licensing by subdivision 12, paragraph (b).

(c) Contractors employing unlicensed deleted text beginpersons performingdeleted text end new text beginindividuals to perform
new text endelectrical work shall maintain records establishing compliance with this subdivision,
deleted text begin whichdeleted text end new text beginthat new text endshall deleted text begindesignatedeleted text end new text beginidentify new text endall unlicensed deleted text beginpersonsdeleted text end new text beginindividuals new text endperforming electrical
work, except for persons working on circuits or systems exempted from personal licensing
by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
records as provided for in section 326.244, subdivision 6.

new text begin (d) When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the electrical work
complies with sections 326.241 to 326.248 and rules adopted.
new text end

Subd. 6.

Contractor's license required.

Except as otherwise provided by law, no
deleted text begin persondeleted text end new text beginindividual new text endother than an employee, partner, or officer of a licensed contractor, as
defined by section 326.01, subdivision 5, shall deleted text beginundertakedeleted text end new text beginperform new text endor offer to deleted text beginundertake to
plan for, lay out, supervise or install or to make additions, alterations, or repairs in the
installation of electrical wiring, apparatus, and equipment for light, heat, power, and
other purposes
deleted text end new text beginperform electrical work new text endwith or without compensation unless the deleted text beginpersondeleted text end
new text begin individual new text endobtains a contractor's license. A contractor's license does not of itself qualify
its holder to perform or supervise the electrical work authorized by holding any class of
personal electrical license.

Subd. 6a.

Bond required.

new text beginAs a condition of licensing, new text endeach contractor shall give
and maintain bond to the state in the deleted text beginpenaldeleted text end sum of deleted text begin$5,000deleted text endnew text begin $25,000new text end conditioned upon the
faithful and lawful performance of all work deleted text beginentered upondeleted text endnew text begin contracted for or performednew text end
by the contractor within the state of Minnesota and such bond shall be for the benefit
of persons injured or suffering financial loss by reason of failure of such performance.
The bond shall be filed with the board and shall be in lieu of all other license bonds to
anynew text begin othernew text end political subdivision. Such bond shall be written by a corporate surety licensed
to do business in the state of Minnesota.

Subd. 6b.

Insurance required.

Each contractor shall have and maintain in effect
general liability insurance, which includes premises and operations insurance and products
and completed operations insurance, with limits of at least $100,000 per occurrence,
$300,000 aggregate limit for bodily injury, and property damage insurance with limits
of at least deleted text begin$25,000deleted text endnew text begin $50,000new text end or a policy with a single limit for bodily injury and property
damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
shall be written by an insurer licensed to do business in the state of Minnesota and each
contractor shall maintain on file with the board a certificate evidencing such insurance
which provides that such insurance shall not be canceled without the insurer first giving
15 days written notice to the board of such cancellation.

Subd. 6c.

Employment of master electrician or power limited technician.

(a) deleted text beginNo
contractor shall engage in business of electrical contracting unless the contractor employs
a licensed Class A master or Class B
deleted text endnew text begin Each contractor must designate a responsiblenew text end master
electriciandeleted text begin,deleted text end or power limited technician, who shall be responsible for the performance of
all electrical work in accordance with the requirements of sections 326.241 to 326.248 or
any rule or order adopted or issued under these sections. The classes of work deleted text beginfor which
the
deleted text endnew text begin that anew text end licensed contractor is authorizednew text begin to performnew text end shall be limited to deleted text beginthose for which
such Class A master electrician, Class B master electrician, or power limited technician
employed by the contractor
deleted text endnew text begin the classes of work that the responsible master electrician or
power limited electrician
new text end is licensednew text begin to performnew text end.

(b) When a contractor's license is held by an individual,new text begin sole proprietorship,new text end
partnership, limited liability company, or corporation and the individual,new text begin proprietor,new text end one
of the partners, one of the members, or an officer of the corporation, respectively, is not
the responsible master electrician or power limited technician deleted text beginof recorddeleted text end, all requests for
inspection shall be signed by the responsible master electrician or power limited technician
deleted text begin of recorddeleted text end. deleted text beginThe designated responsible master electrician or power limited technician of
record shall be employed by the individual, partnership, limited liability company, or
corporation which is applying for a contractor's license and shall not be employed in
any capacity as a licensed electrician or licensed technician by any other contractor or
employer designated in subdivision 12.
deleted text end

(c) All applicationsnew text begin and renewalsnew text end for deleted text begincontractor'sdeleted text endnew text begin contractornew text end licenses deleted text beginand all renewalsdeleted text end
shall include a verified statement that the applicant or licensee has complied with this
subdivision.

Subd. 7.

Examination.

In addition to the new text beginother new text endrequirements deleted text beginimposed hereindeleted text endnew text begin
described in this section
new text end and except as deleted text beginherein otherwisedeleted text end providednew text begin in subdivision 11new text end, as
a precondition to issuance of a personal license, each applicant must pass a written or
oral examination deleted text begingivendeleted text endnew text begin developednew text end by the board to deleted text begininsuredeleted text endnew text begin ensurenew text end the competence of each
applicant for license. An oral examination shall be administered only to an applicant who
furnishes a written statement from a certified teacher or other professional, trained in
the area of reading disabilities stating that the applicant has a specific reading disability
which would prevent the applicant from performing satisfactorily on a written test. The
oral examination shall be structured so that an applicant who passes the examination will
not impair the applicant's own safety or that of others while acting as a licensed deleted text beginpersondeleted text endnew text begin
individual
new text end. No deleted text beginpersondeleted text endnew text begin individualnew text end failing an examination may retake it for six months
thereafter, but within such six months the deleted text beginpersondeleted text endnew text begin individualnew text end may take an examination for a
lesser grade of license. Any deleted text beginlicenseedeleted text endnew text begin individualnew text end failing to renew anew text begin personalnew text end license for two
years or more after its expirationnew text begin, and any licensee whose personal license is revoked under
this chapter,
new text end shall be required to retake the examination before being issued a new license.new text begin
An individual whose personal license is revoked under any other chapter is not required to
retake the examination before being issued a new license, unless the personal license was
revoked two years or more before the commissioner received the completed application
for a new license. A licensee whose personal license is suspended for any reason is not
required to retake the examination before the personal license is reinstated, unless the
personal license has not been reinstated within two years after the suspension began.
new text end

An applicant for a personal license shall submit to the board an application and
examination fee at the time of application. Upon approval of the application, the board
shall schedule the applicant for the next available examination, which shall be held within
60 days. The applicant shall be allowed one opportunity to reschedule an examination
without being required to submit another application and examination fee. Additionally,
an applicant who fails an examination, or whose application deleted text beginhas been disapproved, mustdeleted text endnew text begin
was not approved, shall
new text end submit another application and examination fee.

Subd. 8.

License and renewal feesnew text begin; expirationnew text end.

deleted text begin All licenses issued hereunder shall
expire in a manner as provided by the board.
deleted text end new text begin (a) Unless revoked or suspended under this
chapter, all licenses issued or renewed under this section expire on the date specified
in this subdivision. Master licenses expire March 1 of each odd-numbered year after
issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
year after issuance or renewal. Technology system contractor licenses expire August 1 of
each even-numbered year after issuance or renewal. Journeyman, installer, and power
limited technician, electrician licenses expire two years from the date of original issuance
and every two years thereafter.
new text end

new text begin (b)new text end Feesdeleted text begin, as set by the board, shall be payabledeleted text end fornew text begin application andnew text end examination,new text begin and
for the original
new text end issuance andnew text begin each subsequentnew text end renewal deleted text beginof the followingdeleted text endnew text begin, arenew text end:

(1) Fornew text begin each personal license application andnew text end examination:new text begin $35;
new text end

deleted text begin Class A Master.
deleted text end

deleted text begin Class B Master.
deleted text end

deleted text begin Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
Special Electrician.
deleted text end

(2) Fornew text begin originalnew text end issuance deleted text beginof original licensedeleted text end andnew text begin each subsequentnew text end renewalnew text begin ofnew text end:

Class A Masterdeleted text begin.deleted text endnew text begin or master special electrician, including master elevator constructor:
$40 per year
new text endnew text begin;
new text end

Class B Masterdeleted text begin.deleted text endnew text begin: $25 per yearnew text endnew text begin;
new text end

Power Limited Techniciandeleted text begin.deleted text endnew text begin: $15 per yearnew text endnew text begin;
new text end

Class A Journeyman, Class B Journeyman, new text beginClass A Installer, Class B new text endInstaller, deleted text beginor
Special Electrician.
deleted text endnew text begin Elevator Constructor, Lineman, or Maintenance Electrician other than
master special electrician: $15 per year
new text endnew text begin;
new text end

deleted text begin Electricaldeleted text end contractornew text begin: $100 per yearnew text end.

deleted text begin Technology Systems Contractor.
deleted text end

new text begin (c) If any new license is issued in accordance with this subdivision for less than two
years, the fee for the license shall be prorated on an annual basis.
new text end

new text begin (d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated according to this subdivision, the amount of
the overpayment shall be refunded.
new text end

new text begin (e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
reinstated.
new text end

new text begin (f) The fee for the issuance of each duplicate license is $15.
new text end

deleted text begin (3)deleted text endnew text begin (g)new text end An individual or contractor who fails to renew a license before 30 days
after the expiration of the license must submit a late fee equal to one year's license fee in
addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
or contractor that fails to renew a license by the expiration date is unlicensed until the
license is renewed.

new text begin Subd. 8a. new text end

new text begin Continuing education. new text end

new text begin (a) As used in this subdivision, the term "renewal
period" means the time period of two years beginning on the date that the license is
originally issued or renewed and ending on the date that the license is scheduled to expire.
If any license is issued for less than two years, the period between the issuance date and
the expiration date is not a renewal period.
new text end

new text begin (b) During each renewal period, individuals licensed under this chapter must earn 16
hours of continuing education credit approved by the board.
new text end

new text begin (c) "Continuing education program" means a course, seminar, workshop, or other
educational offering where interactive instruction is provided by one or more instructors,
either directly or by interactive media.
new text end

new text begin (d) "Hours of instruction" means the time in hours allowed by the board for attending
an educational program pursuant to this chapter.
new text end

new text begin (e) "Continuing education provider" means a person, partnership, corporation,
limited liability company, professional association, government agency, or other entity
authorized by law which provides educational programs for credit under this chapter.
new text end

new text begin (f) (1) Within the 24 months preceding the expiration of an electrician or power
limited technician license, each holder of a license shall receive credit for instruction
through one or more educational programs as required by this part. Credit shall be allowed
only once for any educational program in any 24-month period. Where a licensee holds
more than one type of electrician license, the same credits for hours of instruction may be
applied to each license.
new text end

new text begin (2) At least 12 hours of instruction must be on the National Electrical Code and the
remainder on the statutes and rules governing electrical installations, this chapter, or
technical topics related to electrical installations and equipment.
new text end

new text begin (g) To qualify for credit under this chapter, educational programs shall be approved
by the board. The provider shall submit an application for approval on a form provided by
the board, which shall include an outline of the educational program; the number of hours
of instruction provided; and the names, addresses, telephone and facsimile numbers, and
qualifications of the instructors. The provider shall submit a new application for approval
if the instruction provided deviates substantively from the outline previously submitted or
the hours of instruction provided are changed. Applications for approval shall be received
by the board at least 30 days prior to the first presentation of an educational program.
Approval of individual educational programs expires 36 months from the initial date
of approval. If a provider offers a program after three years from initial approval, the
provider must resubmit the program for approval. An interactive educational program
may also be approved for presentation through electronic media. In addition to the
requirements of this chapter, a program presented through electronic media that does
not include real-time interaction between the presenter and the licensee must include an
examination process that ensures a licensee has successfully completed the program.
new text end

new text begin (h) Not less than 14 days prior to a presentation of an educational program, the
provider shall notify the board in writing of the date, time, and location of the presentation.
new text end

new text begin (i) Notwithstanding paragraph (f), educational programs that are offered in other
states and not granted prior approval according to this subdivision shall be considered
for credit if the board is provided with evidence that the educational program meets the
requirements of this subdivision and is approved for continuing education credit by a
public authority licensing electricians or power limited technicians in the other state.
new text end

new text begin (j) The board shall have authority to audit or review educational programs and
presentations of educational programs for compliance with this subdivision and review the
provider's records concerning persons who have attended such presentations for credit.
The board shall withdraw approval of any educational program not in compliance with
this subdivision.
new text end

new text begin (k) All educational programs shall be conducted by board-approved instructors who
have the qualifications described in at least one of the following items:
new text end

new text begin (1) a personal electrical license and at least four years of experience in electrical
inspection, supervising electrical installations, or teaching subjects within the scope
of electrical work permitted by the instructor's license. Not more than four hours of
instruction credit will be allowed where the scope of the electrical work permitted by the
instructor's license is less than that of the person who attended the educational program;
new text end

new text begin (2) a registered or licensed electrical engineer with at least four years of experience
in the design of premises electrical power systems or technology systems;
new text end

new text begin (3) at least five years of practical experience in the subject being taught. Not more
than four hours of instruction credit will be allowed for an educational program conducted
by an instructor in this category; or
new text end

new text begin (4) for technology systems, an instructor certified by a national training program.
new text end

new text begin (l) Instructors of educational programs approved under this subdivision shall receive
three hours of instruction credit for each hour of instruction allowed.
new text end

new text begin (m) Within 14 days after presentation of an educational program for credit, the
provider shall provide a certificate of completion to each licensee in attendance and shall
forward an attendance list to the board on a form supplied by the board, or in a format
approved by the board. Each certificate of completion and attendance list shall include
the name of the provider, date and location of the presentation, educational program
identification that was provided to the board, hours of instruction or continuing education
units, and the licensee's name and license number or the last four digits of the applicant's
Social Security number. The attendance list must be typewritten and provide a summary
of each attendee's hours for each course attended.
new text end

deleted text begin Subd. 9. deleted text end

deleted text begin Denial, suspension, and revocation of licenses. deleted text end

deleted text begin The board may by order
deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
preponderance of the evidence presented, the applicant or licensee:
deleted text end

deleted text begin (a) has filed an application for a license which is incomplete in any material respect
or contains any statement which, in light of the circumstances under which it is made, is
false or misleading with respect to any material fact;
deleted text end

deleted text begin (b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
deleted text end

deleted text begin (c) has been convicted within the past five years of a misdemeanor involving a
violation of sections to ;
deleted text end

deleted text begin (d) has violated or failed to comply with sections to or any rule or
order adopted or issued under these sections; or
deleted text end

deleted text begin (e) has, in the conduct of the applicant's or licensee's affairs, including, but
not limited to, the performance of electrical work, been shown to be incompetent or
untrustworthy.
deleted text end

deleted text begin If a licensee engages in conduct that is proven by a preponderance of the evidence to
be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
violation of this subdivision. The board may take action under this subdivision or any
other law authorizing action against a licensee regardless of whether the underlying
conduct was willful.
deleted text end

deleted text begin The board may adopt rules further specifying and defining actions, conduct, and
omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
establishing standards of conduct for applicants and licensees.
deleted text end

deleted text begin Subd. 9a. deleted text end

deleted text begin Civil penalties. deleted text end

deleted text begin Whenever a preponderance of the evidence presented
proves that a person has violated or failed to comply with sections to or
any rule or order adopted or issued under these sections, the board may impose a civil
penalty upon the person in an amount not to exceed $10,000 per violation.
deleted text end

deleted text begin Subd. 9b. deleted text end

deleted text begin Orders for hearing. deleted text end

deleted text begin The complaint committee may, on behalf of the
board, issue an order requiring a licensee or an applicant for a license to appear at a
hearing on the issue of whether the license should be revoked or suspended, the licensee
censured, the application denied, or a civil penalty imposed. The order shall be calculated
to give reasonable notice of the time and place for hearing, and shall state the reasons for
the entry of the order. All hearings shall be conducted in accordance with chapter 14.
After the hearing, the board shall enter an order making a disposition of the matter as the
facts require. If the licensee or applicant fails to appear at a hearing of which that person
has been duly notified, the person is in default and the proceeding may be determined
against that person upon consideration of the order for hearing, the allegations of which
may be deemed to be true.
deleted text end

deleted text begin Subd. 9c. deleted text end

deleted text begin Temporary suspension. deleted text end

deleted text begin (a) The complaint committee may, on
behalf of the board and in the public interest, temporarily suspend a license pending
final determination of an order for hearing. The complaint committee shall not issue
a temporary suspension order until an investigation of the facts has been conducted
pursuant to section by the attorney general. The complaint committee shall issue a
temporary suspension order only when the safety of life or property is threatened or to
prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
Service of the temporary suspension order is effective if the order is served on the licensee
or counsel of record personally or by first class mail to the most recent address provided to
the board for the licensee or the counsel of record.
deleted text end

deleted text begin (b) If a license is suspended pending final determination of an order for hearing, a
hearing on the merits shall be held within 45 days of the issuance of the order of temporary
suspension. The administrative law judge shall issue a report within 30 days after closing
of the contested case hearing record. The board shall issue a final order within 30 days
after receipt of that report and any exceptions.
deleted text end

deleted text begin (c) If the licensee requests a hearing in writing within ten days of service of the
order, the board shall hold a hearing before its own members on the sole issue of whether
there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
board shall hold the hearing within five working days of the licensee's request for hearing.
Evidence presented by the complaint committee or licensee shall be in affidavit form only.
The licensee or counsel of record for the licensee may appear for oral argument. Within
five working days after the hearing, the board shall issue its order either continuing or
vacating the temporary suspension.
deleted text end

deleted text begin Subd. 9d. deleted text end

deleted text begin Cease and desist order. deleted text end

deleted text begin (a) Whenever it appears to the complaint
committee that any person has engaged or is about to engage in any act or practice
constituting a violation of sections to , any other law authorizing the
issuance of a cease and desist order, or any rule or order adopted or issued under these
sections, the complaint committee may, on behalf of the board, issue and cause to be
served upon the person an order requiring the person to cease and desist from violating
sections to or any rule or order adopted or issued under these sections.
The complaint committee shall not issue a cease and desist order until an investigation of
the facts has been conducted pursuant to section by the attorney general. The order
shall be calculated to give reasonable notice of the right of the person to request a hearing
and shall state the reasons for the entry of the order. If no hearing is requested of the board
within 15 days of service of the order, the order shall become final and shall remain in
effect until it is modified or vacated by the board and shall not be reviewable by a court.
deleted text end

deleted text begin (b) A hearing shall be held not later than 30 days from the date of the board's receipt
of a written hearing request, unless otherwise agreed by the person requesting the hearing
and the complaint committee. Within 30 days of receipt of the administrative law judge's
report and any exceptions, the board shall issue a final order modifying, vacating, or
making permanent the cease and desist order as the facts require. The final order remains
in effect until modified or vacated by the board.
deleted text end

deleted text begin Subd. 9e. deleted text end

deleted text begin Costs of proceeding. deleted text end

deleted text begin The board may impose a fee to reimburse the
board for all or part of the cost of the proceedings resulting in disciplinary action or
the imposition of civil penalties or the issuance of a cease and desist order. Such fees
include, but are not limited to, the amount paid by the board for services from the office of
administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
board members' per diem compensation, board staff time, and expense incurred by board
members and staff.
deleted text end

deleted text begin Subd. 9f. deleted text end

deleted text begin District court action; injunctive relief and civil penalties. deleted text end

deleted text begin (a) Whenever
it appears to the board, or the complaint committee if authorized by the board, that any
person has engaged or is about to engage in any act or practice constituting a violation of
sections to or any rule or order adopted or issued under these sections,
the board, or the complaint committee if authorized by the board, may bring an action
in the name of the board in the Ramsey County District Court or the district court of
any other county in which venue is proper.
deleted text end

deleted text begin (b) The action may be brought to enjoin the acts or practices and to enforce
compliance with sections to , any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections and for a civil
penalty not to exceed $10,000 for each separate violation of sections to ,
any other law authorizing a civil or injunctive action, or any rule or order adopted or
issued under these sections.
deleted text end

deleted text begin (c) A temporary restraining order and other temporary injunctive relief shall be
granted in the proceeding whenever it appears that any person has engaged in or is about
to engage in any act, conduct, or practice constituting violation of sections to
, any other law authorizing a civil or injunctive action, or any rule or order adopted
or issued under these sections. The board shall not be required to show irreparable harm.
deleted text end

deleted text begin Subd. 9g. deleted text end

deleted text begin Other remedies. deleted text end

deleted text begin The issuance of a cease and desist order or injunctive
relief under this section does not relieve a person from criminal prosecution by any
competent authority or from disciplinary action by the board and does not prevent the
board from exercising any other authority granted to it.
deleted text end

deleted text begin Subd. 9h. deleted text end

deleted text begin Powers additional. deleted text end

deleted text begin The powers contained in subdivisions 9 to 9g are in
addition to all other powers of the board.
deleted text end

deleted text begin Subd. 9i. deleted text end

deleted text begin Cooperation required. deleted text end

deleted text begin A person who is the subject of an investigation,
or who is questioned in connection with an investigation, by or on behalf of the board
or its complaint committee shall cooperate fully with the investigation. Cooperation
includes, but is not limited to:
deleted text end

deleted text begin (1) responding fully and promptly to questions raised by or on behalf of the board or
its complaint committee relating to the subject of the investigation;
deleted text end

deleted text begin (2) providing copies of records in the person's possession related to the matter under
investigation as requested by the board, its complaint committee, or the attorney general
within the time limit set by the board, its complaint committee, or the attorney general;
deleted text end

deleted text begin (3) assisting the board, its complaint committee, or the attorney general in its
investigation; and
deleted text end

deleted text begin (4) appearing at conferences or hearings scheduled by the board or its complaint
committee.
deleted text end

deleted text begin Subd. 9j. deleted text end

deleted text begin Disciplinary proceedings closed. deleted text end

deleted text begin Proceedings held before the board or
its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
requirements of section .
deleted text end

deleted text begin Subd. 9k. deleted text end

deleted text begin Conflicts of law. deleted text end

deleted text begin If there is a conflict between sections to
and chapter 214, sections to shall control.
deleted text end

deleted text begin Subd. 10. deleted text end

deleted text begin Continuation of business by estates. deleted text end

deleted text begin Upon the death of a master who is
a contractor, the board may permit the decedent's representative to carry on the business
of the decedent for a period not in excess of six months, for the purpose of completing
work under contract or otherwise to comply with sections to . The
representative shall give such bond as the board may require conditioned upon the faithful
and lawful performance of such work and such bond shall be for the benefit of persons
injured or suffering financial loss by reason of failure of such performance. Such bond
shall be written by a corporate surety licensed to do business in the state of Minnesota.
Such representative shall also comply with all public liability and property damage
insurance requirements imposed by this chapter upon a licensed contractor.
deleted text end

Subd. 11.

Reciprocity.

To the extent that any other state which provides for the
licensing of electricians provides for similar action the board may grant licenses, without
examination, of the same grade and class to an electrician who has been licensed by deleted text beginsuch
other
deleted text end new text beginanother new text endstate for at least one year, upon payment by the applicant of the required
fee and upon the board being furnished with proof that the required fee and upon the
board being furnished with proof that the qualifications of the applicant are equal to the
qualifications of holders of similar licenses in Minnesota.new text begin An individual issued a license
under this subdivision may be granted a new license or a reissued license only two times.
new text end

Subd. 12.

Exemptions from licensing.

(a)new text begin An individual who isnew text end a maintenance
electrician deleted text beginwho is supervised by the responsible master electrician for a contractor who
has contracted with the maintenance electrician's employer to provide services for which
a contractor's license is required or by a master electrician or an electrical engineer
registered with the board and who is an employee of an employer and is engaged in the
maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
by the employer, and performed within the limits of property which is owned or leased
and operated and maintained by said employer, shall
deleted text endnew text begin isnew text end not deleted text beginbedeleted text end required to hold or obtain a
license under sections deleted text begin326.241 to 326.248.deleted text endnew text begin 326B.31 to 326B.399 if:new text end

new text begin (1) the individual is engaged in the maintenance and repair of electrical equipment,
apparatus, and facilities that are owned or leased by the individual's employer and that are
located within the limits of property operated, maintained, and either owned or leased by
the individual's employer;
new text end

new text begin (2) the individual is under the direct supervision of:
new text end

new text begin (i) the responsible master electrician for a contractor who has contracted with the
individual's employer to provide services for which a contractor's license is required; or
new text end

new text begin (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuit and system
work, a licensed power limited technician; and
new text end

new text begin (3) the individual's employer certifies and documents the hours worked in the
designated categories pertaining to electrical work and has filed with the commissioner
a certificate of responsible person, signed by the responsible master electrician of the
contractor, the licensed master electrician, the licensed maintenance electrician, the
electrical engineer, or the licensed power limited technician, and stating that the person
signing the certificate is responsible for ensuring that the maintenance and repair work
performed by the employer's employees complies with sections 326.241 to 326.248 and
rules adopted.
new text end

(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
(a), clause (1), are not required to hold a license under sections 326.241 to 326.248 for the
planning, laying out, installing, altering, and repairing of technology circuits or systems
except planning, laying out, or installing:

(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3, except circuits that interconnect
these systems through communication, alarm, and security systems are exempted from
this paragraph;

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
physically unprotected circuits other than class 2 or class 3; or

(3) technology circuits and systems in hazardous classified locations as covered by
chapter 5 of the National Electrical Code.

(c) Companies and their employees that plan, lay out, install, alter, or repair class
2 and class 3 remote control wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed in a residential dwelling are
not required to hold a license under sections 326.241 to 326.248.

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326.241 to 326.248
when performing heating, ventilating, air conditioning, or refrigeration work as described
in section 326.245.

(e) Employees of any deleted text beginelectricdeleted text endnew text begin electricalnew text end, communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as defined
under section 237.01 or its employees, or of any independent contractor performing work
on behalf of any such utility, cable communications company, or telephone company, shall
not be required to hold a license under sections 326.241 to 326.248:

(1) while performing work on installations, materials, or equipment which are owned
or leased, and operated and maintained by such utility, cable communications company, or
telephone company in the exercise of its utility, antenna, or telephone function, and which

(i) are used exclusively for the generation, transformation, distribution, transmission,
or metering of electric current, or the operation of railway signals, or the transmission
of intelligence and do not have as a principal function the consumption or use of electric
current or provided service by or for the benefit of any person other than such utility, cable
communications company, or telephone company, and

(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction, and

(iii) are not on the load side of the service point or point of entrance for
communication systems;

(2) while performing work on installations, materials, or equipment which are a part
of the street lighting operations of such utility; or

(3) while installing or performing work on outdoor area lights which are directly
connected to a utility's distribution system and located upon the utility's distribution poles,
and which are generally accessible only to employees of such utility or persons acting
under its control or direction.

(f) An owner shall not be required to hold or obtain a license under sections 326.241
to 326.248.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that the
amendments to subdivision 8 are effective July 1, 2007.
new text end

Sec. 21.

Minnesota Statutes 2006, section 326.242, is amended to read:


326.242 LICENSES.

Subdivision 1.

Master electrician.

Except as otherwise provided by law, no
deleted text begin persondeleted text end new text beginindividual new text endshall deleted text begininstall, alter, repair, plan, lay out, or supervise the installing,
altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, or
other purposes
deleted text end new text beginperform or supervise electrical work new text endunless the deleted text beginpersondeleted text end new text beginindividual new text endis: (a)
licensed by the board as a master electrician and (b)(i) the electrical work is for a licensed
contractor and the deleted text beginpersondeleted text end new text beginindividual new text endis an employee, partner, or officer of, or is the licensed
contractor, or (ii) the electrical work is performed for the deleted text beginperson'sdeleted text end new text beginindividual's new text endemployer
on deleted text beginelectricdeleted text end new text beginelectrical new text endwiring, apparatus, equipment, or facilities new text beginthat are new text endowned or leased by
the employer deleted text beginwhich isdeleted text end new text beginand that are new text endlocated within the limits of property deleted text beginwhich isdeleted text end new text beginoperated,
maintained, and either
new text endowned or leased deleted text beginand operated and maintaineddeleted text end by the employer.

(1) An applicant for a Class A master deleted text beginelectrician'sdeleted text end new text beginelectrician new text endlicense shall (a) be a
graduate of a four-year electrical course deleted text beginindeleted text endnew text begin offered bynew text end an accredited college or university;
or (b) shall have had at least one deleted text beginyear'sdeleted text end new text beginyear of new text endexperience, acceptable to the board, as a
licensed journeyman; or (c) shall have had at least five years' experience, acceptable to
the board, in planning for, laying out, supervising and installing wiring, apparatus, or
equipment for electrical light, heat and power.

(2) As of August 1, 1985, no new Class B master deleted text beginelectrician'sdeleted text end new text beginelectrician new text endlicenses
shall be issued. An individual who has a Class B master deleted text beginelectrician'sdeleted text end new text beginelectrician new text endlicense as
of August 1, 1985 may retain new text beginand renew new text endthe license and exercise the privileges it grants,
which include electrical work limited to single phase systems, not over 200 amperes in
capacity, on farmsteads or single-family dwellings located in towns or municipalities
with fewer than 2,500 inhabitants.

Subd. 2.

Journeyman electrician.

(a) Except as otherwise provided by law,
no deleted text beginpersondeleted text end new text beginindividual new text endshall install, alter, repair, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for new text beginelectrical new text endlight, heat, power,
new text begin technology circuits or systems, new text endor other purposes unless:

(1) the deleted text beginpersondeleted text end new text beginindividual new text endis licensed by the board as a journeyman electrician; and

(2) the electrical work is:

(i) for a contractor and the deleted text beginpersondeleted text end new text beginindividual new text endis an employee, partner, or officer of
the licensed contractor; or

(ii) performed under the supervision of a master electrician also employed by the
deleted text begin person'sdeleted text end new text beginindividual's new text endemployer on electrical wiring, apparatus, equipment, or facilities
new text begin that are new text endowned or leased by the employer new text beginand new text endthat deleted text beginisdeleted text end new text beginare new text endlocated within the limits of
property new text beginoperated, maintained, and either new text endowned or leaseddeleted text begin, operated, and maintaineddeleted text end by
the employer.

(b) An applicant for a Class A journeyman deleted text beginelectrician'sdeleted text end new text beginelectrician new text endlicense shall have
had at least four years of experience, acceptable to the board, in wiring for, installing, and
repairing electrical wiring, apparatus, or equipment, provided however, that the board may
by rule deleted text beginprovide for the allowance ofdeleted text end new text beginallow new text endone year of experience credit for new text beginthe new text endsuccessful
completion of a two-year post high school electrical course approved by the board.

(c) As of August 1, 1985, no new Class B journeyman deleted text beginelectrician'sdeleted text end new text beginelectrician
new text endlicenses shall be issued. An individual who holds a Class B journeyman electrician's
license as of August 1, 1985 may retain new text beginand renew new text endthe license and exercise the privileges
it grants, which include electrical work limited to single phase systems, not over 200
amperes in capacity, on farmsteads or on single-family dwellings located in towns or
municipalities with fewer than 2,500 inhabitants.

Subd. 3.

Class A installer.

Notwithstanding the provisions of subdivisions 1, 2, and
6, any deleted text beginpersondeleted text end new text beginindividual new text endholding a Class A installer license may lay out and install and
supervise the laying out and installing of electrical wiring, apparatus, or equipment for
major electrical home appliances on the load side of the main service on farmsteads and in
any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to a
city of the first class and does not contain an established business of a contractor.new text begin No new
Class A installer licenses shall be issued after December 1, 2007. An individual who holds
a Class A installer license on December 1, 2007, may retain and renew the license and
exercise the privileges it grants.
new text end

Subd. 3a.

Class B installer.

Notwithstanding the provisions of subdivisions 1, 2
and 6, any deleted text beginpersondeleted text end new text beginindividual new text endholding a Class B installer license may lay out and install
electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
side of the main service on farmsteads, and install such other electrical equipment as is
deleted text begin determineddeleted text end new text beginapproved new text endby the board.

Subd. 3b.

Coursework or experience.

An applicant for a Class A or B installer
license shall have completed a post high school course in electricity deleted text beginacceptable todeleted text end
new text begin approved by new text endthe board or shall have had at least one year's experience, acceptable to the
board in electrical wiring.

Subd. 3c.

Bond.

Every new text beginClass A and Class B new text endinstaller, as a condition of licensure,
shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
performance of all work contracted for or entered upon by the installer within the state of
Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
loss by reason of failure of such performance. Such bond shall be in lieu of all other
license bonds to any political subdivision of the state. Such bond shall be written by a
corporate surety licensed to do business in the state of Minnesota.

Subd. 3d.

Power limited technician.

(a) Except as otherwise provided by law,
no deleted text beginpersondeleted text end new text beginindividual new text endshall install, alter, repair, plan, lay out, or supervise the installing,
altering, deleted text beginordeleted text end repairingnew text begin, planning, or laying out new text end of electrical wiring, apparatus, or equipment
for technology circuits or systems unless:

(1) the deleted text beginpersondeleted text end new text beginindividual new text endis licensed by the board as a power limited technician; and

(2) the electrical work is:

(i) for a licensed contractor and the deleted text beginpersondeleted text end new text beginindividual new text endis an employee, partner, or
officer of, or is the licensed contractor; or

(ii) performed under the supervision of a master electrician or power limited
technician also employed by the deleted text beginperson'sdeleted text end new text beginindividual's new text endemployer on technology circuits,
systems, apparatus, equipment, or facilities new text beginthat are new text endowned or leased by the employer new text beginand
new text endthat are located within the limits of property new text beginoperated, maintained, and either new text endowned or
leaseddeleted text begin, operated, and maintaineddeleted text end by the employer.

(b) An applicant for a power limited technician's license shall (1) be a graduate
of a four-year electrical course deleted text beginindeleted text end new text beginoffered by new text endan accredited college or university; or (2)
have had at least 36 months' experience, acceptable to the board, in planning for, laying
out, supervising, deleted text beginanddeleted text end installingnew text begin, altering, and repairingnew text end wiring, apparatus, or equipment
for power limited systems, provided however, that the board may by rule provide for the
allowance of up to 12 months (2,000 hours) of experience credit for successful completion
of a two-year post high school electrical course or other technical training approved by
the board.

deleted text begin (c) The board may initially set experience requirements without rulemaking, but
must adopt rules before July 1, 2004.
deleted text end

deleted text begin (d) Licensees must attain eight hours of continuing education acceptable to the
board every renewal period.
deleted text end

deleted text begin (e) A person who has submitted an application by June 30, 2003, to take the alarm
and communications examination administered by the board, and who has achieved a
minimal score of 70 percent on the examination by September 30, 2003, may obtain a
power limited technician license without further examination by submitting an application
and a license fee of $30.
deleted text end

deleted text begin (f)deleted text end new text begin(c) new text endA company holding an alarm and communication license as of June 30, 2003,
may designate one deleted text beginpersondeleted text end new text beginindividual new text endwho may obtain a power limited technician license
without passing an examination administered by the deleted text beginboarddeleted text endnew text begin commissionernew text end by submitting an
application and license fee of $30.

deleted text begin (g) A person who has submitted an application by September 30, 2005, to take the
power limited technician examination administered by the board is not required to meet
the qualifications set forth in paragraph (b).
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Special electrician. deleted text end

deleted text begin Notwithstanding the provisions of subdivisions 1, 2,
6, and 7, the board may by rule provide for the issuance of special electrician licenses
empowering the licensee to engage in a limited class or classes of electrical work, which
class or classes shall be specified on the license certificate. Each licensee shall have had
at least two years of experience, acceptable to the board, in each such limited class of
work for which the licensee is licensed.
deleted text end

Subd. 5.

Unlicensed deleted text beginpersonsdeleted text endnew text begin individualsnew text end.

(a) An unlicensed deleted text beginpersondeleted text end new text beginindividual
means an individual who has not been licensed by the Board of Electricity as a Class
A master electrician or as a Class A journeyman electrician. An unlicensed individual
new text endshall not perform electrical work unless new text beginthe individual has first registered with the
Board of Electricity as an unlicensed individual. Thereafter, an unlicensed individual
shall not perform electrical work unless
new text endthe work is performed under the deleted text beginpersonaldeleted text end new text begindirect
new text endsupervision of deleted text begina persondeleted text end new text beginan individual new text endactually licensed to perform such work deleted text beginanddeleted text endnew text begin.new text end The
licensed deleted text beginelectriciandeleted text end new text beginindividual new text endand unlicensed deleted text beginpersons aredeleted text end new text beginindividual must be new text endemployed
by the same new text beginmeans that an individual having the necessary qualifications, training,
experience, and technical knowledge to install, alter, repair, and supervise the installing,
altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power,
technology circuits or systems, and who is licensed as a Class A journeyman electrician
is employed by the
new text endemployer. Licensed deleted text beginpersonsdeleted text end new text beginindividuals new text endshall not permit unlicensed
deleted text begin personsdeleted text end new text beginindividuals new text endto perform electrical work except under the deleted text beginpersonaldeleted text end new text begindirect new text endsupervision
of deleted text begina persondeleted text end new text beginan individual new text endactually licensed to perform such work. Unlicensed deleted text beginpersonsdeleted text end
new text begin individuals new text endshall not supervise the performance of electrical work or make assignments of
electrical work to unlicensed deleted text beginpersonsdeleted text endnew text begin individualsnew text end. Except for technology circuit or system
work, licensed deleted text beginpersonsdeleted text end new text beginindividuals new text endshall supervise no more than two unlicensed deleted text beginpersonsdeleted text endnew text begin
individuals
new text end. For technology circuit or system work, licensed deleted text beginpersonsdeleted text end new text beginindividuals new text endshall
supervise no more than three unlicensed deleted text beginpersonsdeleted text endnew text begin individualsnew text end.

(b) Notwithstanding any other provision of this section, no deleted text beginpersondeleted text end new text beginindividual new text endother
than a master electrician or power limited technician shall plan or lay out electrical wiring,
apparatus, or equipment for light, heat, power, or other purposes, except circuits or
systems exempted from personal licensing by subdivision 12, paragraph (b).

(c) Contractors employing unlicensed deleted text beginpersons performingdeleted text end new text beginindividuals to perform
new text endelectrical work shall maintain records establishing compliance with this subdivision,
deleted text begin whichdeleted text end new text beginthat new text endshall deleted text begindesignatedeleted text end new text beginidentify new text endall unlicensed deleted text beginpersonsdeleted text end new text beginindividuals new text endperforming electrical
work, except for persons working on circuits or systems exempted from personal licensing
by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
records as provided for in section 326.244, subdivision 6.

new text begin (d) When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the electrical work
complies with sections 326.241 to 326.248 and rules adopted.
new text end

Subd. 6.

Contractor's license required.

Except as otherwise provided by law, no
deleted text begin persondeleted text end new text beginindividual new text endother than an employee, partner, or officer of a licensed contractor, as
defined by section 326.01, subdivision 5, shall deleted text beginundertakedeleted text end new text beginperform new text endor offer to deleted text beginundertake to
plan for, lay out, supervise or install or to make additions, alterations, or repairs in the
installation of electrical wiring, apparatus, and equipment for light, heat, power, and
other purposes
deleted text end new text beginperform electrical work new text endwith or without compensation unless the deleted text beginpersondeleted text end
new text begin individual new text endobtains a contractor's license. A contractor's license does not of itself qualify
its holder to perform or supervise the electrical work authorized by holding any class of
personal electrical license.

Subd. 6a.

Bond required.

Each contractor shall give and maintain bond to the state
in the deleted text beginpenaldeleted text end sum of deleted text begin$5,000deleted text end new text begin$25,000 new text endconditioned upon the faithful and lawful performance
of all work deleted text beginentered upondeleted text end new text begincontracted for or performed new text endby the contractor within the state of
Minnesota and such bond shall be for the benefit of persons injured or suffering financial
loss by reason of failure of such performance. The bond shall be filed with the board and
shall be in lieu of all other license bonds to any new text beginother new text endpolitical subdivision. Such bond
shall be written by a corporate surety licensed to do business in the state of Minnesota.

Subd. 6b.

Insurance required.

Each contractor shall have and maintain in effect
general liability insurance, which includes premises and operations insurance and products
and completed operations insurance, with limits of at least $100,000 per occurrence,
$300,000 aggregate limit for bodily injury, and property damage insurance with limits
of at least deleted text begin$25,000deleted text end new text begin$50,000 new text endor a policy with a single limit for bodily injury and property
damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
shall be written by an insurer licensed to do business in the state of Minnesota and each
contractor shall maintain on file with the board a certificate evidencing such insurance
which provides that such insurance shall not be canceled without the insurer first giving
15 days written notice to the board of such cancellation.

Subd. 6c.

Employment of master electrician or power limited technician.

(a) deleted text beginNo
contractor shall engage in business of electrical contracting unless the contractor employs
a licensed Class A master or Class B
deleted text end new text beginEach contractor must designate a responsible new text endmaster
electrician, or power limited technician, who shall be responsible for the performance of
all electrical work in accordance with the requirements of sections 326.241 to 326.248 or
any rule or order adopted or issued under these sections. The classes of work deleted text beginfor which
the
deleted text end new text beginthat a new text endlicensed contractor is authorized shall be limited to deleted text beginthose for which such Class
A master electrician, Class B master electrician, or power limited technician employed
by the contractor
deleted text end new text beginthe classes of work that the responsible master electrician or power
limited electrician
new text endis licensednew text begin to performnew text end.

(b) When a contractor's license is held by an individual, new text beginsole proprietorship,
new text endpartnership, limited liability company, or corporation and the individual, new text beginproprietor, new text endone
of the partners, one of the members, or an officer of the corporation, respectively, is not
the responsible master electrician or power limited technician deleted text beginof recorddeleted text end, all requests for
inspection shall be signed by the responsible master electrician or power limited techniciandeleted text begin
of record. The designated responsible master electrician or power limited technician of
record shall be employed by the individual, partnership, limited liability company, or
corporation which is applying for a contractor's license and shall not be employed in any
capacity as a licensed electrician or licensed technician by any other contractor or employer
designated in subdivision 12
deleted text end.new text begin If the contractor is an individual or a sole proprietorship, the
responsible licensed individual must be the individual, proprietor, or managing employee.
If the contractor is a partnership, the responsible licensed individual must be a general
partner or managing employee. If the licensed contractor is a limited liability company,
the responsible licensed individual must be a chief manager or managing employee. If
the contractor is a corporation, the responsible licensed individual must be an officer or
managing employee. If the responsible licensed individual is a managing employee, the
responsible licensed individual must be actively engaged in performing electrical work
on behalf of the contractor, and cannot be employed in any capacity as an electrician
or technician by any other contractor or employer designated in subdivision 12. An
individual may be the responsible licensed individual for only one contractor or employer.
new text end

(c) All applications for contractor's licenses and all renewals shall include a verified
statement that the applicant or licensee has complied with this subdivision.

Subd. 7.

Examination.

In addition to the requirements imposed herein and except
as herein otherwise provided, as a precondition to issuance of a personal license, each
applicant must pass a written or oral examination given by the board to insure the
competence of each applicant for license. An oral examination shall be administered
only to an applicant who furnishes a written statement from a certified teacher or
other professional, trained in the area of reading disabilities stating that the applicant
has a specific reading disability which would prevent the applicant from performing
satisfactorily on a written test. The oral examination shall be structured so that an
applicant who passes the examination will not impair the applicant's own safety or that of
others while acting as a licensed person. No deleted text beginpersondeleted text end new text beginindividual new text endfailing an examination may
retake it for six months thereafter, but within such six months the deleted text beginpersondeleted text end new text beginindividual new text endmay
take an examination for a lesser grade of license. Any licensee failing to renew a license
for two years or more after its expiration shall be required to retake the examination
before being issued a new license.

An applicant for a personal license shall submit to the board an application and
examination fee at the time of application. Upon approval of the application, the board
shall schedule the applicant for the next available examination, which shall be held within
60 days. The applicant shall be allowed one opportunity to reschedule an examination
without being required to submit another application and examination fee. Additionally,
an applicant who fails an examination, or whose application has been disapproved, must
submit another application and examination fee.

Subd. 8.

License and renewal fees.

deleted text beginAll licenses issued hereunder shall expire in a
manner as provided by the board.
deleted text end new text begin(a) Unless revoked or suspended, all licenses issued
or renewed under this section expire on the date specified in this subdivision. Master
licenses expire March 1 of each odd-numbered year after issuance or renewal. Electrical
contractor licenses expire March 1 of each even-numbered year after issuance or renewal.
Technology system contractor licenses expire August 1 of each even-numbered year
after issuance or renewal. Journeyman, installer, power limited technician, and special
electrician licenses expire two years from the date of original issuance and every two
years thereafter.
new text end

new text begin (b) new text endFees, as set by the board, deleted text beginshall be payabledeleted text end for new text beginapplication and new text endexamination, new text beginand
for the original
new text endissuance and new text begineach subsequent new text endrenewal deleted text beginof the followingdeleted text endnew text begin arenew text end:

(1) For new text begineach personal license application and new text endexamination:new text begin $35.
new text end

deleted text begin Class A Master.
deleted text end

deleted text begin Class B Master.
deleted text end

deleted text begin Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
Special Electrician.
deleted text end

(2) For new text beginoriginal new text endissuance deleted text beginof original licensedeleted text end and new text begineach subsequent new text endrenewalnew text begin ofnew text end:

Class A Masterdeleted text begin.deleted text endnew text begin: or master elevator constructor: $40 per year.
new text end

Class B Masterdeleted text begin.deleted text endnew text begin: $25 per year.
new text end

Power Limited Techniciandeleted text begin.deleted text endnew text begin: $15 per year.
new text end

Class A Journeyman, Class B Journeyman, Installerdeleted text begin, or Special Electrician.deleted text endnew text begin: $15
per year.
new text end

deleted text begin Electricaldeleted text end Contractornew text begin: $100 per yearnew text end.

deleted text begin Technology Systems Contractor.
deleted text end

new text begin (c) If any new license is issued according to this subdivision for less than two years,
the fee for the license shall be prorated on an annual basis.
new text end

new text begin (d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated according to this subdivision, the amount of
the overpayment shall be refunded.
new text end

new text begin (e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
reinstated.
new text end

new text begin (f) The fee for the issuance of each duplicate license is $100.
new text end

deleted text begin (3)deleted text end new text begin(g) new text endAn individual or contractor who fails to renew a license before 30 days
after the expiration of the license must submit a late fee equal to one year's license fee in
addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
or contractor that fails to renew a license by the expiration date is unlicensed until the
license is renewed.

new text begin Subd. 8a. new text end

new text begin Continuing education. new text end

new text begin (a) As used in this subdivision, the term "renewal
period" means the time period of two years beginning on the date that the license is
originally issued or renewed and ending on the date that the license is scheduled to expire.
If any license is issued for less than two years, the period between the issuance date and
the expiration date is not a renewal period.
new text end

new text begin (b) During each renewal period, individuals licensed under this chapter must earn 16
hours of continuing education credit approved by the board.
new text end

new text begin (c) With a renewal application, a licensed electrician shall submit to the board a list
of continuing education hours earned during the renewal period, including dates, subjects,
hours attended, sponsoring organizations, and course approval numbers. Each licensed
electrician shall maintain a file in which records of courses are kept, including dates,
subjects, duration of programs, sponsoring organizations, continuing education hours
earned, registration receipts where appropriate, certificates of completion received from
sponsoring organizations, and other pertinent documentation, for a period of two years
after submission to the board. The board may require a licensed electrician to produce
this information in order for the board to verify information in a renewal application, to
conduct a random audit, or to investigate a complaint alleging noncompliance on the
part of the licensee.
new text end

new text begin (d) If the board rejects continuing education hours reported by a licensee in an
amount sufficient to reduce the number of nonrejected continuing education hours below
the required minimum number, the board must notify the licensee in writing of the board's
rejection of the hours. The licensee has 60 days after notification to substantiate the
validity of the rejected hours or to earn other qualifying hours to meet the minimum
requirement. The board's rejection of any continuing education hours submitted during
this 60-day cure period does not extend or expand the cure period. If the board does
not reinstate a sufficient number of the rejected continuing education hours to meet the
required minimum number of continuing education hours, or the licensee or certificate
holder does not complete or substantiate that the individual has completed other qualifying
continuing education hours to meet the required minimum number of continuing education
hours within the specified period of time, the board shall suspend or deny the individual's
license under section 326.082. Continuing education hours applied to current renewal may
not be applied to the requirements for a subsequent renewal period.
new text end

new text begin (e) If a licensed electrician knowingly submits to the board a false report of
continuing education hours, the board shall revoke the license under section 326.082.
new text end

deleted text begin Subd. 9. deleted text end

deleted text begin Denial, suspension, and revocation of licenses. deleted text end

deleted text begin The board may by order
deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
preponderance of the evidence presented, the applicant or licensee:
deleted text end

deleted text begin (a) has filed an application for a license which is incomplete in any material respect
or contains any statement which, in light of the circumstances under which it is made, is
false or misleading with respect to any material fact;
deleted text end

deleted text begin (b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
deleted text end

deleted text begin (c) has been convicted within the past five years of a misdemeanor involving a
violation of sections to ;
deleted text end

deleted text begin (d) has violated or failed to comply with sections to or any rule or
order adopted or issued under these sections; or
deleted text end

deleted text begin (e) has, in the conduct of the applicant's or licensee's affairs, including, but
not limited to, the performance of electrical work, been shown to be incompetent or
untrustworthy.
deleted text end

deleted text begin If a licensee engages in conduct that is proven by a preponderance of the evidence to
be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
violation of this subdivision. The board may take action under this subdivision or any
other law authorizing action against a licensee regardless of whether the underlying
conduct was willful.
deleted text end

deleted text begin The board may adopt rules further specifying and defining actions, conduct, and
omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
establishing standards of conduct for applicants and licensees.
deleted text end

deleted text begin Subd. 9a. deleted text end

deleted text begin Civil penalties. deleted text end

deleted text begin Whenever a preponderance of the evidence presented
proves that a person has violated or failed to comply with sections to or
any rule or order adopted or issued under these sections, the board may impose a civil
penalty upon the person in an amount not to exceed $10,000 per violation.
deleted text end

deleted text begin Subd. 9b. deleted text end

deleted text begin Orders for hearing. deleted text end

deleted text begin The complaint committee may, on behalf of the
board, issue an order requiring a licensee or an applicant for a license to appear at a
hearing on the issue of whether the license should be revoked or suspended, the licensee
censured, the application denied, or a civil penalty imposed. The order shall be calculated
to give reasonable notice of the time and place for hearing, and shall state the reasons for
the entry of the order. All hearings shall be conducted in accordance with chapter 14.
After the hearing, the board shall enter an order making a disposition of the matter as the
facts require. If the licensee or applicant fails to appear at a hearing of which that person
has been duly notified, the person is in default and the proceeding may be determined
against that person upon consideration of the order for hearing, the allegations of which
may be deemed to be true.
deleted text end

deleted text begin Subd. 9c. deleted text end

deleted text begin Temporary suspension. deleted text end

deleted text begin (a) The complaint committee may, on
behalf of the board and in the public interest, temporarily suspend a license pending
final determination of an order for hearing. The complaint committee shall not issue
a temporary suspension order until an investigation of the facts has been conducted
pursuant to section by the attorney general. The complaint committee shall issue a
temporary suspension order only when the safety of life or property is threatened or to
prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
Service of the temporary suspension order is effective if the order is served on the licensee
or counsel of record personally or by first class mail to the most recent address provided to
the board for the licensee or the counsel of record.
deleted text end

deleted text begin (b) If a license is suspended pending final determination of an order for hearing, a
hearing on the merits shall be held within 45 days of the issuance of the order of temporary
suspension. The administrative law judge shall issue a report within 30 days after closing
of the contested case hearing record. The board shall issue a final order within 30 days
after receipt of that report and any exceptions.
deleted text end

deleted text begin (c) If the licensee requests a hearing in writing within ten days of service of the
order, the board shall hold a hearing before its own members on the sole issue of whether
there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
board shall hold the hearing within five working days of the licensee's request for hearing.
Evidence presented by the complaint committee or licensee shall be in affidavit form only.
The licensee or counsel of record for the licensee may appear for oral argument. Within
five working days after the hearing, the board shall issue its order either continuing or
vacating the temporary suspension.
deleted text end

deleted text begin Subd. 9d. deleted text end

deleted text begin Cease and desist order. deleted text end

deleted text begin (a) Whenever it appears to the complaint
committee that any person has engaged or is about to engage in any act or practice
constituting a violation of sections to , any other law authorizing the
issuance of a cease and desist order, or any rule or order adopted or issued under these
sections, the complaint committee may, on behalf of the board, issue and cause to be
served upon the person an order requiring the person to cease and desist from violating
sections to or any rule or order adopted or issued under these sections.
The complaint committee shall not issue a cease and desist order until an investigation of
the facts has been conducted pursuant to section by the attorney general. The order
shall be calculated to give reasonable notice of the right of the person to request a hearing
and shall state the reasons for the entry of the order. If no hearing is requested of the board
within 15 days of service of the order, the order shall become final and shall remain in
effect until it is modified or vacated by the board and shall not be reviewable by a court.
deleted text end

deleted text begin (b) A hearing shall be held not later than 30 days from the date of the board's receipt
of a written hearing request, unless otherwise agreed by the person requesting the hearing
and the complaint committee. Within 30 days of receipt of the administrative law judge's
report and any exceptions, the board shall issue a final order modifying, vacating, or
making permanent the cease and desist order as the facts require. The final order remains
in effect until modified or vacated by the board.
deleted text end

deleted text begin Subd. 9e. deleted text end

deleted text begin Costs of proceeding. deleted text end

deleted text begin The board may impose a fee to reimburse the
board for all or part of the cost of the proceedings resulting in disciplinary action or
the imposition of civil penalties or the issuance of a cease and desist order. Such fees
include, but are not limited to, the amount paid by the board for services from the office of
administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
board members' per diem compensation, board staff time, and expense incurred by board
members and staff.
deleted text end

deleted text begin Subd. 9f. deleted text end

deleted text begin District court action; injunctive relief and civil penalties. deleted text end

deleted text begin (a) Whenever
it appears to the board, or the complaint committee if authorized by the board, that any
person has engaged or is about to engage in any act or practice constituting a violation of
sections to or any rule or order adopted or issued under these sections,
the board, or the complaint committee if authorized by the board, may bring an action
in the name of the board in the Ramsey County District Court or the district court of
any other county in which venue is proper.
deleted text end

deleted text begin (b) The action may be brought to enjoin the acts or practices and to enforce
compliance with sections to , any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections and for a civil
penalty not to exceed $10,000 for each separate violation of sections to ,
any other law authorizing a civil or injunctive action, or any rule or order adopted or
issued under these sections.
deleted text end

deleted text begin (c) A temporary restraining order and other temporary injunctive relief shall be
granted in the proceeding whenever it appears that any person has engaged in or is about
to engage in any act, conduct, or practice constituting violation of sections to
, any other law authorizing a civil or injunctive action, or any rule or order adopted
or issued under these sections. The board shall not be required to show irreparable harm.
deleted text end

deleted text begin Subd. 9g. deleted text end

deleted text begin Other remedies. deleted text end

deleted text begin The issuance of a cease and desist order or injunctive
relief under this section does not relieve a person from criminal prosecution by any
competent authority or from disciplinary action by the board and does not prevent the
board from exercising any other authority granted to it.
deleted text end

deleted text begin Subd. 9h. deleted text end

deleted text begin Powers additional. deleted text end

deleted text begin The powers contained in subdivisions 9 to 9g are in
addition to all other powers of the board.
deleted text end

deleted text begin Subd. 9i. deleted text end

deleted text begin Cooperation required. deleted text end

deleted text begin A person who is the subject of an investigation,
or who is questioned in connection with an investigation, by or on behalf of the board
or its complaint committee shall cooperate fully with the investigation. Cooperation
includes, but is not limited to:
deleted text end

deleted text begin (1) responding fully and promptly to questions raised by or on behalf of the board or
its complaint committee relating to the subject of the investigation;
deleted text end

deleted text begin (2) providing copies of records in the person's possession related to the matter under
investigation as requested by the board, its complaint committee, or the attorney general
within the time limit set by the board, its complaint committee, or the attorney general;
deleted text end

deleted text begin (3) assisting the board, its complaint committee, or the attorney general in its
investigation; and
deleted text end

deleted text begin (4) appearing at conferences or hearings scheduled by the board or its complaint
committee.
deleted text end

deleted text begin Subd. 9j. deleted text end

deleted text begin Disciplinary proceedings closed. deleted text end

deleted text begin Proceedings held before the board or
its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
requirements of section .
deleted text end

deleted text begin Subd. 9k. deleted text end

deleted text begin Conflicts of law. deleted text end

deleted text begin If there is a conflict between sections to
and chapter 214, sections to shall control.
deleted text end

deleted text begin Subd. 10. deleted text end

deleted text begin Continuation of business by estates. deleted text end

deleted text begin Upon the death of a master who is
a contractor, the board may permit the decedent's representative to carry on the business
of the decedent for a period not in excess of six months, for the purpose of completing
work under contract or otherwise to comply with sections to . The
representative shall give such bond as the board may require conditioned upon the faithful
and lawful performance of such work and such bond shall be for the benefit of persons
injured or suffering financial loss by reason of failure of such performance. Such bond
shall be written by a corporate surety licensed to do business in the state of Minnesota.
Such representative shall also comply with all public liability and property damage
insurance requirements imposed by this chapter upon a licensed contractor.
deleted text end

Subd. 11.

Reciprocity.

To the extent that any other state which provides for the
licensing of electricians provides for similar action the board may grant licenses, without
examination, of the same grade and class to an electrician who has been licensed by such
other state for at least one year, upon payment by the applicant of the required fee and
upon the board being furnished with proof that the required fee and upon the board being
furnished with proof that the qualifications of the applicant are equal to the qualifications
of holders of similar licenses in Minnesota.

Subd. 12.

Exemptions from licensing.

(a) new text beginAn individual who is new text enda maintenance
electrician deleted text beginwho is supervised by the responsible master electrician for a contractor who
has contracted with the maintenance electrician's employer to provide services for which
a contractor's license is required or by a master electrician or an electrical engineer
registered with the board and who is an employee of an employer and is engaged in the
maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
by the employer, and performed within the limits of property which is owned or leased
and operated and maintained by said employer, shall
deleted text end new text beginis new text endnot deleted text beginbedeleted text end required to hold or obtain a
license under sections 326.241 to 326.248deleted text begin.deleted text endnew text begin if:new text end

new text begin (1) the individual is engaged in the maintenance and repair of electrical equipment,
apparatus, and facilities that are owned or leased by the individual's employer and that are
located within the limits of property operated, maintained, and either owned or leased by
the individual's employer;
new text end

new text begin (2) the individual is supervised by:
new text end

new text begin (i) the responsible master electrician for a contractor who has contracted with the
individual's employer to provide services for which a contractor's license is required; or
new text end

new text begin (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuit and system
work, a licensed power limited technician; and
new text end

new text begin (3) the individual's employer has filed with the board a certificate of responsible
person, signed by the responsible master electrician of the contractor, the licensed master
electrician, the licensed maintenance electrician, the electrical engineer, or the licensed
power limited technician, and stating that the person signing the certificate is responsible
for ensuring that the maintenance and repair work performed by the employer's employees
complies with sections 326.241 to 326.248 and rules adopted.
new text end

(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
(a), clause (1), are not required to hold a license under sections 326.241 to 326.248 for the
planning, laying out, installing, altering, and repairing of technology circuits or systems
except planning, laying out, or installing:

(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3, except circuits that interconnect
these systems through communication, alarm, and security systems are exempted from
this paragraph;

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
physically unprotected circuits other than class 2 or class 3; or

(3) technology circuits and systems in hazardous classified locations as covered by
chapter 5 of the National Electrical Code.

(c) Companies and their employees that plan, lay out, install, alter, or repair class
2 and class 3 remote control wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed in a residential dwelling are
not required to hold a license under sections 326.241 to 326.248.

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326.241 to 326.248
when performing heating, ventilating, air conditioning, or refrigeration work as described
in section 326.245.

(e) Employees of any deleted text beginelectricdeleted text endnew text begin electricalnew text end, communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as defined
under section 237.01 or its employees, or of any independent contractor performing work
on behalf of any such utility, cable communications company, or telephone company, shall
not be required to hold a license under sections 326.241 to 326.248:

(1) while performing work on installations, materials, or equipment which are owned
or leased, and operated and maintained by such utility, cable communications company, or
telephone company in the exercise of its utility, antenna, or telephone function, and which

(i) are used exclusively for the generation, transformation, distribution, transmission,
or metering of electric current, or the operation of railway signals, or the transmission
of intelligence and do not have as a principal function the consumption or use of electric
current or provided service by or for the benefit of anydeleted text begin persondeleted text endnew text begin individualnew text end other than such
utility, cable communications company, or telephone company, and

(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction, and

(iii) are not on the load side of the service point or point of entrance for
communication systems;

(2) while performing work on installations, materials, or equipment which are a part
of the street lighting operations of such utility; or

(3) while installing or performing work on outdoor area lights which are directly
connected to a utility's distribution system and located upon the utility's distribution poles,
and which are generally accessible only to employees of such utility or persons acting
under its control or direction.

(f) An owner shall not be required to hold or obtain a license under sections 326.241
to 326.248.

Sec. 22.

Minnesota Statutes 2006, section 326.243, is amended to read:


326.243 SAFETY STANDARDS.

All electrical wiring, apparatus and equipment for deleted text beginelectricdeleted text endnew text begin electricalnew text end light, heat and
power, technology circuits or systems shall comply with the rules of the deleted text begindepartment of
Commerce or the Department of Labor and Industry, as applicable,
deleted text endnew text begin Board of Electricitynew text end
and be installed in conformity with accepted standards of construction for safety to life
and property. For the purposes of this chapter, the rules and safety standards stated at
the time the work is done in the then most recently published edition of the National
Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
by the American National Standards Institute, and the National Electrical Safety Code
as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
by the American National Standards Institute, shall be prima facie evidence of accepted
standards of construction for safety to life and property; provided further, that in the event
a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
methods of electrical construction for safety to life and property, compliance with said
methods of electrical construction of said Minnesota Building Code shall also constitute
compliance with this section, and provided further, that nothing herein contained shall
prohibit any political subdivision from making and enforcing more stringent requirements
than set forth herein and such requirements shall be complied with by all licensed
electricians working within the jurisdiction of such political subdivisions.

Sec. 23.

Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read:


Subdivision 1.

Required inspection.

Except where any political subdivision has by
ordinance provided for electrical inspection similar to that herein provided, every new
electrical installation in any construction, remodeling, replacement, or repair, except minor
repair work as the same is defined by the board by rule, shall be inspected by the board for
compliance with accepted standards of construction for safety to life and property.

Sec. 24.

Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:


Subd. 1a.

Technology systems.

(a) The installation of the technology circuits or
systems described in paragraph (b), except:

(1) minor work performed by a contractor;

(2) work performed by a heating, ventilating, or air conditioning contractor as
described in section 326.245; and

(3) work performed by cable company employees when installing cable
communications systems or telephone company employees when installing telephone
systems,

must be inspected as provided in this section for compliance with the applicable provisions
of the National Electrical Code and the applicable provisions of the National Electrical
Safety Code, as those codes were approved by the American National Standards Institute.

(b) The inspection requirements in paragraph (a) apply to:

(1) deleted text beginremote control circuits controllingdeleted text end class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3deleted text begin and indoor lightingdeleted text end, except circuits
that interconnect these systems exempted by section 326.242, subdivision 12, paragraph
(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
or devices containing physically unprotected circuits other than class 2 or class 3; or
technology circuits and systems in hazardous classified locations as covered by chapter 5
of the National Electrical Code;

(2) fire alarm systems, other than in one- or two-family dwellings, as defined in
articles 100 and 760 of the National Electrical Code;

(3) technology circuits and systems contained within critical care areas of health
care facilities as defined by the safety standards identified in section 326.243, including,
but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
monitoring, and nurse call systems; deleted text beginanddeleted text end

(4) physical security systems within detention facilitiesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) circuitry and equipment for indoor lighting systems as defined in article 411
of the National Electrical Code.
new text end

(c) For the purposes of this subdivision "minor work" means the adjustment or repair
and replacement of worn or defective parts of a technology circuit or system. Minor
work may be inspected under this section at the request of the owner of the property
or the deleted text beginpersondeleted text endnew text begin individualnew text end doing the work.

(d) Notwithstanding this subdivision, if an electrical inspector observes that a
contractor, employer, or owner has not complied with accepted standards when the
work was performed, as provided in the most recent editions of the National Electrical
Code and the National Electrical Safety Code as approved by the American National
Standards Institute, the inspector may order the contractor, employer, or owner who has
performed the work to file a request for electrical inspection, pay an inspection fee, and
make any necessary repairs to comply with applicable standards and require that the
work be inspected.

Sec. 25.

Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Licenses; bond. new text end

new text begin All inspectors shall hold licenses as master or
journeyman electricians under this chapter. All inspectors under contract with the
department to provide electrical inspection services shall give bond in the amount of
$1,000, conditioned upon the faithful performance of their duties.
new text end

Sec. 26.

Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:


Subd. 5.

Exemptions from inspections.

Installations, materials, or equipment shall
not be subject to inspection under sections 326.241 to 326.248:

(1) when owned or leased, operated and maintained by any employer whose
maintenance electricians are exempt from licensing under sections 326.241 to 326.248,
while performing electrical maintenance work only as defined by board rule;

(2) when owned or leased, and operated and maintained by any deleted text beginelectricdeleted text endnew text begin electricalnew text end,
communications, or railway utility, cable communications company as defined in section
238.02, or telephone company as defined under section 237.01, in the exercise of its
utility, antenna, or telephone function; and

(i) are used exclusively for the generations, transformation, distribution,
transmission, or metering of electric current, or the operation of railway signals, or the
transmission of intelligence, and do not have as a principal function the consumption or
use of electric current by or for the benefit of any deleted text beginpersondeleted text endnew text begin individualnew text end other than such utility,
cable communications company, or telephone company; and

(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction; and

(iii) are not on the load side of the service point or point of entrance for
communication systems;

(3) when used in the street lighting operations of an deleted text beginelectricdeleted text endnew text begin electricalnew text end utility;

(4) when used as outdoor area lights which are owned and operated by an deleted text beginelectricdeleted text endnew text begin
electrical
new text end utility and which are connected directly to its distribution system and located
upon the utility's distribution poles, and which are generally accessible only to employees
of such utility or persons acting under its control or direction;

(5) when the installation, material, and equipment are in facilities subject to the
jurisdiction of the federal Mine Safety and Health Act; or

(6) when the installation, material, and equipment is part of an elevator installation
for which the elevator contractor, licensed under section 326.242, is required to obtain
a permit from the authority having jurisdiction as provided by section 16B.747, and
the inspection has been or will be performed by an elevator inspector certified by the
deleted text begindeleted text end department deleted text beginof Administrationdeleted text end and licensed by the Board of Electricity. This exemption
shall apply only to installations, material, and equipment permitted or required to be
connected on the load side of the disconnecting means required for elevator equipment
under National deleted text beginElectricdeleted text endnew text begin Electricalnew text end Code Article 620, and elevator communications and
alarm systems within the machine room, car, hoistway, or elevator lobby.

Sec. 27.

Minnesota Statutes 2006, section 326.244, subdivision 6, is amended to read:


Subd. 6.

Site inspections.

The board may, without advance notice, inspect
any site at which electrical work is being performed or has been performed or where
records concerning the performance of electrical work are kept for purposes of ensuring
compliance with sections 326.241 to 326.248 or any rule or order adopted or issued under
these sections. With respect to electrical work performed at or records kept in an occupied
private dwelling, all inspections permitted by this subdivision shall occur during normal
business hours and shall be preceded by advance notice, which need not be in writing. The
board shall have the authority to examine and copy all records concerning the performance
of electrical work and to question in private all persons employed by a contractor or on the
site. No deleted text beginpersondeleted text end new text beginindividual new text endshall retaliate in any manner against any employee or deleted text beginpersondeleted text end
new text begin individual new text endwho is questioned by, cooperates with, or provides information to the board, its
complaint committee, or the attorney general.

Sec. 28.

Minnesota Statutes 2006, section 326.2441, is amended to read:


326.2441 INSPECTION FEE SCHEDULE.

Subdivision 1.

Schedule.

State electrical inspection fees shall be deleted text beginpaid according todeleted text endnew text begin
calculated according to
new text end subdivisions 2 to deleted text begin13deleted text endnew text begin 15new text end.

Subd. 2.

Fee for each separate inspection.

The minimum fee for each separate
inspection of an installation, replacement, alteration, or repair is deleted text begin$20deleted text endnew text begin 30new text end.

Subd. 3.

Fee for services, generators, other power supply sourcesnew text begin, or feeders to
separate structures
new text end.

The inspection fee for the installation, addition, alteration, or repair
of each service, change of service, temporary service, generator, other power supply
source, or feeder to a separate structure is:

(1) 0 ampere to and including 400 ampere capacity, deleted text begin$25deleted text endnew text begin $35new text end;

(2) 401 ampere to and including 800 ampere capacity, deleted text begin$50deleted text endnew text begin $60new text end; and

(3) ampere capacity above 800, deleted text begin$75deleted text endnew text begin $100new text end.

Where multiple disconnects are grouped at a single location and are supplied by a
single set of supply conductors the cumulative rating of the overcurrent devices shall be
used to determine the supply ampere capacity.

Subd. 4.

Fee for circuits, feeders, feeder taps, or new text beginsets of transformer secondary
new text endconductors.

The inspection fee for the installation, addition, alteration, or repair of
each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
the equipment served, is:

(1) 0 ampere to and including 200 ampere capacity, deleted text begin$5deleted text endnew text begin $6new text end; and

(2) ampere capacity above 200, deleted text begin$10deleted text endnew text begin $15new text end.

new text begin Where existing feeders and circuits are reconnected to overcurrent devices installed
as part of the replacement of an existing disconnect, switchboard, motor control center, or
panelboard, the inspection fee for each circuit or feeder is $2.
new text end

Subd. 5.

deleted text beginLimitations to fees of subdivisions 3 and 4deleted text endnew text begin Inspection fee for dwellingsnew text end.

(a) The new text begininspection new text endfee for a one-family dwelling and each dwelling unit of a two-family
dwelling deleted text beginwith a supply of up to 500 amperes where a combination of ten or more sources
of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80.
deleted text end
new text begin is the following:
new text end

new text begin (1) the fee for each service or other source of power as provided in subdivision 3;
new text end

new text begin (2) $100 for up to 30 feeders and circuits; and
new text end

new text begin (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
new text end

This fee applies to each separate installation for new dwellings and deleted text beginadditions, alterations,
or repairs to existing dwellings and includes not more than two inspections.
deleted text end new text beginwhere 15
or more feeders or circuits are installed or extended in connection with any addition,
alteration, or repair to existing dwellings. Where existing feeders and circuits are
reconnected to overcurrent devices installed as part of the replacement of an existing
panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
of separate inspections shall be determined in accordance with subdivision 2.
new text endThe
fee for additional inspections or other installations is that specified in subdivisions 2
deleted text begin todeleted text endnew text begin,new text end 4new text begin, 6, and 8new text end. The installer may submit fees for additional inspections when filing the
request for electrical inspection.new text begin The fee for each detached accessory structure directly
associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
4. When included on the same request for electrical inspection form, inspection fees for
detached accessory structures directly associated with the dwelling unit may be combined
with the dwelling unit fees to determine the maximum number of separate inspections in
accordance with subdivision 2.
new text end

(b) The new text begininspection new text endfee for each dwelling unit of a multifamily dwelling with three
deleted text begin to 12deleted text endnew text begin or morenew text end dwelling units is deleted text begin$50 and the fee for each additional dwelling unit is $25.deleted text end
new text begin $70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
or circuit. This fee applies to each separate installation for each new dwelling unit and
where ten or more feeders or circuits are installed or extended in connection with any
addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
are reconnected to overcurrent devices installed as part of the replacement of an existing
panelboard, the fee for each feeder or circuit is $2. The maximum number of separate
inspections for each dwelling unit shall be determined according to subdivision 2. The fee
for additional inspections or other installation is that specified in subdivisions 2, 4, 6, and
8.
new text endThese fees include only inspection of the wiring within individual dwelling units and
the final feeder to that unitdeleted text begin. This limitation is subject to the following conditionsdeleted text endnew text begin wherenew text end:

deleted text begin (1)deleted text end the multifamily dwelling is provided with common service equipment and
each dwelling unit is supplied by a separate feedernew text begin extended from the common service
distribution equipment
new text end. The fee for multifamily dwelling services or other power source
supplies and all other circuits is that specified in subdivisions 2 to 4deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) this limitation applies only to new installations for multifamily dwellings where
the majority of the individual dwelling units are available for inspection during each
inspection trip.
deleted text end

(c) A separate request for electrical inspection form must be filed for each dwelling
unit that is supplied with an individual set of service entrance conductors. These fees are
the one-family dwelling rate specified in paragraph (a).

Subd. 6.

Additions to fees of subdivisions 3 to 5.

(a) The fee for the electrical
supply for each manufactured home park lot is deleted text begin$25deleted text endnew text begin $35new text end. This fee includes the service or
feeder conductors up to and including the service equipment or disconnecting means.
The fee for feeders and circuits that extend from the service or disconnecting means is
that specified in subdivision 4.

(b) The fee for each recreational vehicle site electrical supply equipment is deleted text begin$5deleted text endnew text begin $6
for each circuit originating within the equipment
new text end. The fee for recreational vehicle park
services, feeders, and circuits is that specified in subdivisions 3 and 4.

(c) The fee for each street, parking lot, or outdoor area lighting standard deleted text beginis $1,deleted text end and deleted text beginthe
fee for
deleted text end each traffic signal standard is $5. Circuits originating within the standard or traffic
signal controller shall not be used when deleted text begincomputingdeleted text endnew text begin calculatingnew text end the feenew text begin for each standardnew text end.

(d) The fee for transformers for light, heat, and power is deleted text begin$10deleted text endnew text begin $15new text end for transformers
rated up to ten kilovolt-amperes and deleted text begin$20deleted text end new text begin$30 new text endfor transformers rated in excess of ten
kilovolt-amperes.new text begin The previous sentence does not apply to Class 1 transformers or power
supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
supplies.
new text end

(e) The fee for transformers and electronic power supplies for electric signs and
outline lighting is $5 per unit.

(f) The fee for deleted text beginalarm, communication, remote control, and signalingdeleted text end new text begintechnology
new text endcircuits or systems, and circuits of less than 50 volts, is deleted text begin50deleted text end new text begin75 new text endcents for each system device
or apparatus.

(g) The fee for each separate inspection of the bonding for a swimming pool, spa,
fountain, an equipotential plane for an agricultural confinement area, or similar installation
deleted text begin shall be $20deleted text endnew text begin is $35new text end. Bonding conductors and connections require an inspection before
being concealed.

(h) The fee for all wiring installed on center pivot irrigation booms is deleted text begin$40deleted text endnew text begin $35 plus
$5 for each electrical drive unit
new text end.

(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
deleted text begin lighting fixturedeleted text endnew text begin luminairenew text end.

new text begin (j) When a separate inspection of a concrete-encased grounding electrode is
performed, the fee is $35.
new text end

new text begin (k) The fees required by subdivisions 3 and 4 are doubled for installations over
600 volts.
new text end

Subd. 7.

Investigation fees: work without a request for electrical inspection.

(a) Whenever any work for which a request for electrical inspection is required by the
board has begun without the request for electrical inspection form being filed with the
board, a special investigation shall be made before a request for electrical inspection form
is accepted by the board.

(b) An investigation fee, in addition to the full fee required by subdivisions 1
to 6, shall be paid before an inspection is made. The investigation fee is two times the
deleted text begin hourly ratedeleted text endnew text begin minimum feenew text end specified in subdivision deleted text begin10deleted text endnew text begin 2new text end or the inspection fee required
by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
investigation fee does not exempt any person from compliance with all other provisions of
the deleted text beginboarddeleted text endnew text begin departmentnew text end rules or statutes nor from any penalty prescribed by law.

Subd. 8.

Reinspection fee.

new text beginNotwithstanding the provisions of subdivisions 2 and 5,
new text endwhen reinspection is necessary to determine whether unsafe conditions new text beginidentified during a
final inspection
new text endhave been corrected and the conditions are not the subject of an appeal
pending before the deleted text beginboarddeleted text endnew text begin commissionernew text end or any court, a reinspection fee of deleted text begin$20 may deleted text endnew text begin $35
shall
new text endbe assessed in writing by the inspector.

Subd. 9.

Supplemental fee.

When inspections scheduled by the installer are
preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
to circumstances beyond the control of the inspector, a supplemental inspection fee of
deleted text begin $20 may deleted text endnew text begin $35 shall new text endbe assessed in writing by the inspector.

Subd. 10.

Special inspection.

For inspections not covered in this section, or for
requested special inspections or services, the fee deleted text beginshall be $30deleted text endnew text begin is $80new text end per hour, including
travel time, plus deleted text begin31 centsdeleted text endnew text begin the standard mileage ratenew text end per mile traveled, plus the reasonable
cost of equipment or material consumed. This provision is applicable to inspection of
empty conduits and other jobs as may be determined by the board. This fee may also be
assessed when installations are not accessible by roadway and require alternate forms of
transportationdeleted text begin.deleted text endnew text begin or are located in the Northwest Angle, or when inspections are performed
outside of Minnesota. For purposes of this subdivision, the standard mileage rate is the
standard mileage rate effective at the time of travel, as established by the Internal Revenue
Service for computing the deductible costs of operating an automobile for business
expense purposes.
new text end

Subd. 11.

Inspection of transitory projects.

(a) For inspection of transitory
projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
sites, and portable road construction plants, the inspection procedures and fees are as
specified in paragraphs (b) to (i).

(b) The fee for inspection of each generator or other source of supply is that specified
in subdivision 3. A like fee is required at each engagement or setup.

(c) In addition to the fee for generators or other sources of supply, there must be an
inspection of all installed feeders, circuits, and equipment at each engagement or setup at
the hourly rate specified in subdivision 10, with a deleted text begintwo-hourdeleted text end new text beginone-hour new text endminimum.

(d) An owner, operator, or appointed representative of a transitory enterprise
including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
shows, portable road construction plants, and similar enterprises shall notify the board of
its itinerary or schedule and make application for initial inspection a minimum of 14 days
before its first engagement or setup. An owner, operator, or appointed representative of
a transitory enterprise who fails to notify the board 14 days before its first engagement
or setup may be subject to the investigation fees specified in subdivision 7. The owner,
operator, or appointed representative shall request inspection and pay the inspection
fee for each subsequent engagement or setup at the time of the initial inspection. For
subsequent engagements or setups not listed on the itinerary or schedule submitted to the
board and where the board is not notified at least 48 hours in advance, a charge of $100
may be made in addition to all required fees.

(e) Amusement rides, devices, concessions, attractions, or other units must be
inspected at their first appearance of the year. The inspection fee is deleted text begin$20deleted text endnew text begin $35new text end per unit with a
supply of up to 60 amperes and deleted text begin$30deleted text endnew text begin $40new text end per unit with a supply above 60 amperes.

(f) An additional fee at the hourly rate specified in subdivision 10 must be charged
for additional time spent by each inspector if equipment is not ready or available for
inspection at the time and date specified on the application for initial inspection or the
request for electrical inspection form.

(g) In addition to the fees specified in paragraphs (a) and (b), a fee of deleted text begintwo hoursdeleted text end
new text begin one hour new text endat the hourly rate specified in subdivision 10 must be charged for inspections
required to be performed on Saturdays, Sundays, holidays, or after regular business hours.

(h) The fee for reinspection of corrections or supplemental inspections where an
additional trip is necessary may be assessed as specified in subdivision 8.

(i) The board deleted text beginmaydeleted text end new text beginshall new text endretain the inspection fee when an owner, operator, or
appointed representative of a transitory enterprise fails to notify the board at least 48 hours
in advance of a scheduled inspection that is canceled.

new text begin Subd. 11a. new text end

new text begin Negotiated fee. new text end

new text begin When the fee calculated according to subdivisions 2 to
11 results in a total fee that unreasonably exceeds the cost of inspection, the board may
negotiate a fee that more reasonably offsets the cost of inspection.
new text end

Subd. 12.

Handling fee.

The handling fee to pay the cost of printing and handling
of thenew text begin papernew text end form requesting an new text beginelectrical new text endinspection is new text beginup to new text end$1.

Subd. 13.

National Electrical Code used for interpretation of provisions.

For
purposes of deleted text begininterpretation ofdeleted text endnew text begin interpretingnew text end this section and Minnesota Rules, chapter 3800,
the most recently adopted edition of the National Electrical Code shall be prima facie
evidence of the definitions, interpretations, and scope of words and terms used.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 326.01, subdivision 4, new text end new text begin is repealed.
new text end

ARTICLE 6

PLUMBING

Section 1.

Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:


Subd. 7.

Journeyman plumber.

A "journeyman plumber" is deleted text beginany persondeleted text endnew text begin an
individual
new text end, other than a master plumber, who, as a principal occupation, is engaged as an
employee of, or new text beginis new text endotherwise working under the direction of, a master plumber in the
practical installation of plumbing.

Sec. 2.

Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:


Subd. 8.

Master plumber.

A "master plumber" is deleted text beginany persondeleted text endnew text begin an individual who isnew text end
skilled in the planning, superintending, and the practical installation of plumbing deleted text beginanddeleted text endnew text begin, who
is
new text end otherwise lawfully qualified to contract for plumbing and installations and to conduct
the business of plumbing and who is familiar with the laws and rules governing the same.

Sec. 3.

Minnesota Statutes 2006, section 326.01, subdivision 9, is amended to read:


Subd. 9.

Plumber's apprentice.

A "plumber's apprentice" is deleted text beginany persondeleted text endnew text begin an
individual
new text end, other than a journeyman or master plumber, who, as a principal occupation, is
engaged in deleted text beginworking as an employee of a plumbing contractordeleted text endnew text begin plumbing worknew text end under the
deleted text begin immediate and personaldeleted text endnew text begin directnew text end supervision of either a master or journeyman plumber deleted text beginor
plumbing contractor in learning
deleted text endnew text begin to learnnew text end and deleted text beginassistingdeleted text endnew text begin assistnew text end in the installation of plumbing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 326.37, is amended to read:


326.37 RULES; new text beginAGREEMENTS WITH MUNICIPALITIES; new text endCAPACITY
STANDARDS; LICENSE EXEMPTION.

Subdivision 1.

Rules.

The deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end may, by rule, prescribe
minimum standards which shall be uniformdeleted text begin,deleted text end and which deleted text beginstandardsdeleted text end shall deleted text beginthereafterdeleted text end be
effective for all new plumbing installations, including additions, extensions, alterations,
and replacements connected with any water or sewage disposal system owned or operated
by or for any municipality, institution, factory, office building, hotel, apartment building,
or any other place of business regardless of location or the population of the city or town in
whichnew text begin the installation is to benew text end located. Notwithstanding the provisions of Minnesota Rules,
part 4715.3130, as they apply to review of plans and specifications, the commissioner may
allow plumbing construction, alteration, or extension to proceed without approval of the
plans or specifications by the commissioner.

The commissioner shall administer the provisions of sections deleted text begin326.37deleted text endnew text begin 326.361new text end to
and for such purposes may employ plumbing inspectors and other assistants.

new text begin Subd. 1a. new text end

new text begin Agreements with municipalities. new text end

new text begin The commissioner may enter into an
agreement with a municipality, in which the municipality agrees to perform plan and
specification reviews required to be performed by the commissioner under Minnesota
Rules, part 4715.3130, if:
new text end

new text begin (a) the municipality has adopted:
new text end

new text begin (1) the plumbing code;
new text end

new text begin (2) an ordinance that requires plumbing plans and specifications to be submitted to,
reviewed, and approved by the municipality, except as provided in paragraph (h);
new text end

new text begin (3) an ordinance that authorizes the municipality to perform inspections required by
the plumbing code; and
new text end

new text begin (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
entirety, except as provided in paragraph (p);
new text end

new text begin (b) the municipality agrees to review plumbing plans and specifications for all
construction for which the plumbing code requires the review of plumbing plans and
specifications, except as provided in paragraph (n);
new text end

new text begin (c) the municipality agrees that, when it reviews plumbing plans and specifications
under paragraph (b), the review will:
new text end

new text begin (1) reflect the degree to which the plans and specifications affect the public health
and conform to the provisions of the plumbing code;
new text end

new text begin (2) ensure that there is no physical connection between water supply systems that
are safe for domestic use and those that are unsafe for domestic use; and
new text end

new text begin (3) ensure that there is no apparatus through which unsafe water may be discharged
or drawn into a safe water supply system;
new text end

new text begin (d) the municipality agrees to perform all inspections required by the plumbing
code in connection with projects for which the municipality reviews plumbing plans and
specifications under paragraph (b);
new text end

new text begin (e) the commissioner determines that the individuals who will conduct the
inspections and the plumbing plan and specification reviews for the municipality do not
have any conflict of interest in conducting the inspections and the plan and specification
reviews;
new text end

new text begin (f) individuals who will conduct the plumbing plan and specification reviews for
the municipality are:
new text end

new text begin (1) licensed master plumbers;
new text end

new text begin (2) licensed professional engineers; or
new text end

new text begin (3) individuals who are working under the supervision of a licensed professional
engineer and who: are licensed plumbers; hold a postsecondary degree in engineering; or
are certified by a national model code organization on plumbing systems;
new text end

new text begin (g) individuals who will conduct the plumbing plan and specification reviews for
the municipality have passed a competency assessment required by the commissioner to
assess the individual's competency at reviewing plumbing plans and specifications;
new text end

new text begin (h) individuals who will conduct the plumbing inspections for the municipality
are licensed master or journeyman plumbers, or inspectors meeting the competency
requirements established in rules adopted under section 16B.655;
new text end

new text begin (i) the municipality agrees to enforce in its entirety the plumbing code on all
projects, except as provided in paragraph (p);
new text end

new text begin (j) the municipality agrees to keep official records of all documents received,
including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
and certificates issued, reports of inspections, and notices issued in connection with
plumbing inspections and the review of plumbing plans and specifications;
new text end

new text begin (k) the municipality agrees to maintain the records described in paragraph (j) in the
official records of the municipality for the period required for the retention of public
records under section 138.17, and shall make these records readily available for review at
the request of the commissioner;
new text end

new text begin (l) the municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the plumbing code or any of ordinances
described in item (a), or if the commissioner determines that the municipality is not
properly administering and enforcing the plumbing code or is otherwise not complying
with the agreement:
new text end

new text begin (1) the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement;
new text end

new text begin (2) the municipality may challenge the termination in a contested case before the
commissioner according to the Administrative Procedure Act; and
new text end

new text begin (3) while any challenge is pending under item (2), the commissioner shall perform
plan and specification reviews within the municipality under Minnesota Rules, part
4715.3130;
new text end

new text begin (m) the municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the commissioner;
new text end

new text begin (n) the municipality and the commissioner agree that the municipality shall forward
to the state for review all plumbing plans and specifications for the following types of
projects within the municipality:
new text end

new text begin (1) hospitals, nursing homes, supervised living facilities, and similar
health-care-related facilities regulated by the Minnesota Department of Health;
new text end

new text begin (2) buildings owned by the federal or state government; and
new text end

new text begin (3) projects of a special nature for which department review is requested by either
the municipality or the state;
new text end

new text begin (o) where the municipality forwards to the state for review plumbing plans and
specifications, as provided in paragraph (n), the municipality shall not collect any fee for
plan review, and the commissioner shall collect all applicable fees for plan review; and
new text end

new text begin (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
license issued by the state.
new text end

new text begin Subd. 1b. new text end

new text begin Existing agreements with municipalities. new text end

new text begin Any agreement between the
commissioner and a municipality in which the municipality has agreed to perform plan
and specification reviews required to be performed by the commissioner under Minnesota
Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall
remain in effect and shall not be required to be in compliance with subdivision 1a. If any
agreement to perform plan and specification reviews required to be performed by the
commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of
subdivision 1a is later terminated by operation of the terms of the agreement or by either
the commissioner or the municipality, or expires, then any new agreement between the
commissioner and the municipality to perform plan and specification reviews required to
be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply
with subdivision 1a.
new text end

Subd. 2.

Standards for capacity.

deleted text beginBy January 1, 1993,deleted text end All new floor-mounted water
closets in areas under jurisdiction of the deleted text beginStatedeleted text end plumbing code may not have a flush volume
of more than 1.6 gallons. The water closets must meet the standards deleted text beginof the commissioner
and
deleted text endnew text begin in the plumbing code and the standards ofnew text end the American National Standards Institute.

Subd. 3.

Exemption.

No license new text beginor registration new text endauthorized by deleted text beginthis sectiondeleted text endnew text begin sections
326.361 to 326.44
new text end shall be required of any deleted text begincontractor or employeedeleted text endnew text begin individualnew text end engaged
in new text beginor employed by a person engaged in new text endthe work or business of pipe laying outside of
buildings if such deleted text beginpersondeleted text endnew text begin individual or employernew text end is engaged in a business or trade which
has traditionally performed such work within the state prior to January 1, 1994.

Sec. 5.

Minnesota Statutes 2006, section 326.38, is amended to read:


326.38 LOCAL REGULATIONS.

deleted text begin Any city having a system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
airports commission,
deleted text endnew text begin Any of the following entitiesnew text end may, by ordinance, adopt local
regulations providing for plumbing permits, deleted text beginbonds,deleted text end approval of plansnew text begin and specificationsnew text end,
and inspections of plumbing, which regulations are not in conflict with the plumbing
deleted text begin standards on the same subject prescribed by the state commissioner of health.deleted text endnew text begin code: any
city having a system of waterworks or sewerage, regardless of population; any town
having a population of 5,000 or more according to the last federal census, exclusive of any
statutory cities located therein; and the Metropolitan Airports Commission.
new text end No deleted text begincity or
such town
deleted text endnew text begin such entitynew text end shall prohibit plumbers licensed by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end
from engaging in or working at the businessnew text begin of plumbingnew text end, except cities and statutory cities
which, prior to April 21, 1933, by ordinance required the licensing of plumbers. new text beginNo such
entity shall require any person who engages in the business of plumbing to post a bond
as a prerequisite for engaging in the business of plumbing, except the bond to the state
required under section 326.40 and except any performance bond required under a contract
with the person for the performance of plumbing work for the entity. No such entity shall
require any person who engages in the business of plumbing to maintain public liability
insurance as a prerequisite for engaging in the business of plumbing, except the insurance
required under section 326.40 and except any public liability insurance required under
a contract with the person for the performance of plumbing work for the entity.
new text endAny
city by ordinance may prescribe regulations, reasonable standards, and inspections and
grant permits to any persondeleted text begin, firm, or corporationdeleted text end engaged in the business of installing
water softeners, who is not licensed as a master plumber or journeyman plumber by the
deleted text begin statedeleted text end commissioner deleted text beginof healthdeleted text end, to connect water softening and water filtering equipment
to private residence water distribution systems, where provision has been previously
made therefor and openings left for that purpose or by use of cold water connections to
a domestic water heater; where it is not necessary to rearrange, make any extension or
alteration of, or addition to any pipe, fixture or plumbing connected with the water system
except to connect the water softener, and provided the connections so made comply with
minimum standards prescribed by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end.

Sec. 6.

Minnesota Statutes 2006, section 326.39, is amended to read:


326.39 VIOLATIONS TO BE REPORTED TO deleted text beginSTATEdeleted text end COMMISSIONER
deleted text begin OF HEALTHdeleted text end.

Such local authority as may be designated by any such ordinance for the issuance of
such plumbing permits and approval of such plans shall report to the deleted text beginstatedeleted text end commissioner
deleted text begin of healthdeleted text end new text beginof labor and industry new text endpersistent or willful violation of the same and any
incompetence of a licensed plumber observed by the local authority.

Sec. 7.

Minnesota Statutes 2006, section 326.40, is amended to read:


326.40 LICENSING, BOND AND INSURANCE.

Subdivision 1.

deleted text beginLicense requireddeleted text endnew text begin Plumbers must be licensed in certain citiesnew text end;
master and journeyman plumbersnew text begin; plumbing on one's own premises; rules for
examination
new text end.

In any city deleted text beginnow or hereafter having 5,000 or more populationdeleted text endnew text begin having a
population of 5,000 or more
new text end, according to the last federal census, and having a system
of waterworks or sewerage, no deleted text beginperson, firm, or corporationdeleted text endnew text begin individualnew text end shall engage in or
work at the business of a master plumber or journeyman plumber unless licensed to do so
by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end. A master plumber may also work as a journeyman
plumber. deleted text beginAnyonedeleted text endnew text begin Any individualnew text end not so licensed may do plumbing work which complies
with the provisions of the minimum standard prescribed by the deleted text beginstatedeleted text end commissioner deleted text beginof
health
deleted text end on premises or that part of premises owned and actually occupied by the worker as
a residence, unless otherwise forbidden to do so by a local ordinance.

In any such city no persondeleted text begin, firm, or corporationdeleted text end shall engage in the business of
new text begin planning, superintending, or new text endinstalling plumbing deleted text beginnordeleted text endnew text begin or shallnew text end install plumbing in connection
with the dealing in and selling of plumbing material and supplies unless at all times a
licensed master plumber, who shall be responsible for propernew text begin planning, superintending,
and
new text end installation, is in charge of the plumbing work of the persondeleted text begin, firm, or corporationdeleted text end.

The department deleted text beginof Healthdeleted text end shall prescribe rules, not inconsistent herewith, for the
examination and licensing of plumbers.

Subd. 2.

Bond; insurance.

Any person contracting to do plumbing work must give
bond to the state in the amount of $25,000 for all work entered into within the state. The
bond shall be for the benefit of persons injured or suffering financial loss by reason of
failure to comply with the requirements of the new text beginState new text endPlumbing Code. deleted text beginAdeleted text endnew text begin Thenew text end bond deleted text begingiven to
the state
deleted text end shall be filed with the commissionerdeleted text begin of healthdeleted text end and deleted text beginshall be in lieu of all other
bonds to any political subdivision required for plumbing work. The bond
deleted text end shall be written
by a corporate surety licensed to do business in the state.

In addition, each applicant for a master plumber license or renewal thereof, deleted text beginmaydeleted text endnew text begin
shall
new text end provide evidence of public liability insurance, including products liability insurance
with limits of at least $50,000 per person and $100,000 per occurrence and property
damage insurance with limits of at least $10,000. The insurance shall be written by an
insurer licensed to do business in the state of Minnesota and each licensed master plumber
shall maintain on file with the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end a certificate evidencing the
insurance providing that the insurance shall not be canceled without the insurer first giving
15 days written notice to the commissioner. The term of the insurance shall be concurrent
with the term of the license. deleted text beginThe certificate shall be in lieu of all other certificates required
by any political subdivision for licensing purposes.
deleted text end

Subd. 3.

Bond and insurance exemption.

new text beginIf new text enda master plumber deleted text beginwho is an employee
of a master plumber or who is an employee engaged within the limits of property owned,
leased and operated, or maintained by the employer, in the maintenance and repair of
plumbing equipment, apparatus, or facilities owned or leased by the employer,
deleted text end new text beginwho is in
compliance with the bond and insurance requirements of subdivision 2 employs another
master plumber, the employee master plumber
new text endshall not be required to meet the bond and
insurance requirements of subdivision 2.new text begin A master plumber who is an employee working
on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
leased by their employer and which is within the limits of property owned or leased, and
operated or maintained by their employer, shall not be required to meet the bond and
insurance requirements of subdivision 2.
new text end

deleted text begin Subd. 4. deleted text end

deleted text begin Alternative compliance. deleted text end

deleted text begin Compliance with the local bond requirements of
a locale within which work is to be performed shall be deemed to satisfy the bond and
insurance requirements of subdivision 2, provided the local ordinance requires at least a
$25,000 bond.
deleted text end

Subd. 5.

Fee.

deleted text beginThe state commissioner of health may chargedeleted text end Each person giving
bond new text beginto the state under subdivision 2 shall pay the department new text endan annual bond deleted text beginfilingdeleted text endnew text begin
registration
new text end fee deleted text begincommensurate with the cost of administering the bond and insurance
requirements of subdivision 2
deleted text endnew text begin of $40new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that the
amendments to subdivision 5 are effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 326.401, is amended to read:


326.401 PLUMBER'S APPRENTICES.

Subdivision 1.

Registration.

deleted text beginAdeleted text endnew text begin Allnew text end plumber's apprentice must be registerednew text begin. To be a
registered plumber's apprentice, an individual must either:
new text end

new text begin (1) be an apprentice employed in the trade of plumbing under an apprenticeship
agreement approved by the department under Minnesota Rules, part 5200.0300; or
new text end

new text begin (2) be registerednew text end with the commissioner deleted text beginof health on a registration application form
supplied by the commissioner showing the date of beginning training, age, schooling,
previous experience, employer, and other information required by the commissioner.
deleted text endnew text begin
under subdivision 3 as an unlicensed individual on a registration application form supplied
by the apprenticeship council showing the date of beginning training, schooling, and
previous experience. A registered plumber's apprentice is authorized to assist in the
installation of plumbing only while under the direct supervision of a master or journeyman
plumber. The master or journeyman plumber is responsible for ensuring that all plumbing
work performed by the registered plumber's apprentice complies with the plumbing code.
new text end

Subd. 2.

Journeyman exam.

A new text beginregistered new text endplumber's apprentice who has
completed four years of practical plumbing experience is eligible to take the journeyman
plumbing examination. Up to 24 months of practical plumbing experience prior to
deleted text begin registration as an apprenticedeleted text end new text beginbecoming a registered plumber's apprentice new text endmay be applied
to the four-year experience requirement. However, none of this practical plumbing
experience may be applied if the deleted text beginpersondeleted text endnew text begin individualnew text end did not have any practical plumbing
experience in the 12-month period immediately prior to deleted text beginregistrationdeleted text endnew text begin becoming a registered
plumber's apprentice
new text end. The commissioner may adopt rules to evaluate whether the
deleted text begin person'sdeleted text endnew text begin individual'snew text end past practical plumbing experience is applicable in preparing for the
journeyman's examination. If two years after completing the training the deleted text beginpersondeleted text endnew text begin individualnew text end
has not taken the examination, the four years of experience shall be forfeited.

The commissioner may allow an extension of the two-year period for taking the
exam for cases of hardship or other appropriate circumstances.

Subd. 3.

new text beginRegistration, rules, applications, renewals, and new text endfees.

deleted text begin The Department
of Health may assess fees to pay for the administration of the apprentice registration
program.
deleted text end new text begin A plumber's apprentice may register by completing and submitting to the
commissioner a registration form provided by the commissioner. A completed registration
form must state the date the apprentice began training, the apprentice's age, schooling,
previous experience, and employer, and other information required by the commissioner.
The department may prescribe rules, not inconsistent with this section, for the registration
of plumber's apprentice. Each applicant for initial registration as a plumber's apprentice
shall pay the department an application fee of $25. Applications for initial registration
may be submitted at any time. Registration must be renewed annually and shall be for the
period from July 1 of each year to June 30 of the following year. Applications for renewal
registration must be received by the commissioner by June 30 of each registration period
on forms provided by the commissioner, and must be accompanied by a fee of $25. An
application for renewal registration received on or after July 1 in any year but no more
than three months after expiration of the previously issued registration must pay the past
due renewal fee plus a late fee of $25. No applications for renewal registration will be
accepted more than three months after expiration of the previously issued registration.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2006, section 326.405, is amended to read:


326.405 RECIPROCITY WITH OTHER STATES.

The commissioner deleted text beginof healthdeleted text end maynew text begin issue a temporarynew text end license without examination,
upon payment of the required fee, nonresident applicants who are licensed under the laws
of a state having standards for licensing plumbers which the commissioner determines
are substantially equivalent to the standards of this state if the other state grants similar
privileges to Minnesota residents duly licensed in this state.new text begin Applicants who receive a
temporary license under this section may acquire a cumulative 24 months of experience
before they have to apply and pass the plumbing licensing examination. Applicants must
register with the commissioner of labor and industry and the commissioner shall set a fee
for a temporary license. Applicants have four years in which to comply with this section.
new text end

Sec. 10.

Minnesota Statutes 2006, section 326.42, is amended to read:


326.42 APPLICATIONS, FEES.

Subdivision 1.

Application.

Applications for plumber's license shall be made to
the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end, with fee. Unless the applicant is entitled to a renewal,
the applicant shall be licensed by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end only after passing a
satisfactory examination by the examiners showing fitness. new text beginUnless examination fees have
been set by a contract under section 326B.05,
new text endexamination fees for both journeyman and
master plumbers shall be deleted text beginin an amount prescribed by the state commissioner of health
pursuant to section 144.122
deleted text endnew text begin $50 for each examinationnew text end. Upon being notified deleted text beginthatdeleted text end of having
successfully passed the examination for original license the applicant shall submit an
application, with the license fee herein provided. deleted text beginLicense fees shall be in an amount
prescribed by the state commissioner of health pursuant to section 144.122. Licenses shall
expire and be renewed as prescribed by the commissioner pursuant to section 144.122.
deleted text endnew text begin
The license fee for each initial and renewal master plumber's license shall be $120. The
license fee for each initial and renewal journeyman plumber's license shall be $55. The
commissioner may by rule prescribe for the expiration and renewal of licenses. Any
licensee who does not renew a license within two years after the license expires is no
longer eligible for renewal. Such an individual must retake and pass the examination
before a new license will be issued. A journeyman or master plumber who submits a
license renewal application after the time specified in rule but within two years after the
license expired must pay all past due renewal fees plus a late fee of $25.
new text end

Subd. 2.

Feesnew text begin for plan reviews and auditsnew text end.

Plumbing system plans and
specifications that are submitted to the commissioner for review shall be accompanied by
the appropriate plan examination fees. If the commissioner determines, upon review of
the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
to plan approval. The commissioner shall charge the following fees for plan reviews and
audits of plumbing installations for public, commercial, and industrial buildings:

(1) systems with both water distribution and drain, waste, and vent systems and
having:

(i) 25 or fewer drainage fixture units, $150;

(ii) 26 to 50 drainage fixture units, $250;

(iii) 51 to 150 drainage fixture units, $350;

(iv) 151 to 249 drainage fixture units, $500;

(v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
of $4,000; and

(vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
basin design;

(2) building sewer service only, $150;

(3) building water service only, $150;

(4) building water distribution system only, no drainage system, $5 per supply
fixture unit or $150, whichever is greater;

(5) storm drainage system, a minimum fee of $150 or:

(i) $50 per drain opening, up to a maximum of $500; and

(ii) $70 per interceptor, separator, or catch basin design;

(6) manufactured home park or campground, one to 25 sites, $300;

(7) manufactured home park or campground, 26 to 50 sites, $350;

(8) manufactured home park or campground, 51 to 125 sites, $400;

(9) manufactured home park or campground, more than 125 sites, $500;

(10) accelerated review, double the regular fee, one-half to be refunded if no
response from the commissioner within 15 business days; and

(11) revision to previously reviewed or incomplete plans:

(i) review of plans for which new text beginthe new text endcommissioner has issued two or more requests for
additional information, per review, $100 or ten percent of the original fee, whichever
is greater;

(ii) proposer-requested revision with no increase in project scope, $50 or ten percent
of original fee, whichever is greater; and

(iii) proposer-requested revision with an increase in project scope, $50 plus the
difference between the original project fee and the revised project fee.

new text begin Subd. 3. new text end

new text begin Inspection fees. new text end

new text begin The commissioner shall charge the following fees for
inspections under sections 326.361 to 326.44:
new text end

new text begin Residential inspection fee (each visit)
new text end
new text begin $50
new text end
new text begin Public, commercial, and industrial
inspections
new text end
new text begin Inspection fee
new text end
new text begin 25 or fewer drainage fixture units
new text end
new text begin $300
new text end
new text begin 26 to 50 drainage fixture units
new text end
new text begin $900
new text end
new text begin 51 to 150 drainage fixture units
new text end
new text begin $1,200
new text end
new text begin 151 to 249 drainage fixture units
new text end
new text begin $1,500
new text end
new text begin 250 or more drainage fixture units
new text end
new text begin $1,800
new text end
new text begin Callback fee (each visit)
new text end
new text begin $100
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 11.

new text begin [326B.41] PURPOSE.
new text end

new text begin The purpose of sections 326B.41 to 326B.49 is to promote the public health and
safety through properly designed, acceptably installed, and adequately maintained
plumbing systems.
new text end

Sec. 12.

new text begin [326B.42] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Words, terms, and phrases. new text end

new text begin For purposes of sections 326B.41 to
326B.49, the terms defined in this section have the meanings given to them.
new text end

new text begin Subd. 2. new text end

new text begin Direct supervision. new text end

new text begin The term "direct supervision," with respect to direct
supervision of a plumber's apprentice by a master or journeyman plumber, means that:
new text end

new text begin (1) at all times while the plumber's apprentice is performing plumbing work, the
master or journeyman plumber is present at the location where the plumber's apprentice is
working;
new text end

new text begin (2) the master or journeyman plumber is physically present and immediately
available to the plumber's apprentice at all times for assistance and direction;
new text end

new text begin (3) any form of electronic supervision does not meet the requirement of physically
present;
new text end

new text begin (4) the master or journeyman plumber actually reviews the plumbing work
performed by the plumber's apprentice before the plumbing is operated; and
new text end

new text begin (5) the master or journeyman plumber is able to and does determine that all
plumbing work performed by the plumber's apprentice is performed in compliance with
the plumbing code.
new text end

new text begin Subd. 5. new text end

new text begin Municipality. new text end

new text begin The term "municipality" shall have the meaning given to it
in section 16B.60, subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Plumbing code. new text end

new text begin "Plumbing code" means Minnesota Rules, chapter 4715.
new text end

Sec. 13. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-referenced changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 326.01, subd. 7
new text end
new text begin 326B.42, subd. 3
new text end
new text begin 326.01, subd. 8
new text end
new text begin 326B.42, subd. 4
new text end
new text begin 326.01, subd. 9
new text end
new text begin 326B.42, subd. 7
new text end
new text begin 326.37
new text end
new text begin 326B.43
new text end
new text begin 326.38
new text end
new text begin 326B.44
new text end
new text begin 326.39
new text end
new text begin 326B.45
new text end
new text begin 326.40
new text end
new text begin 326B.46
new text end
new text begin 326.401
new text end
new text begin 326B.47
new text end
new text begin 326.405
new text end
new text begin 326B.48
new text end
new text begin 326.42
new text end
new text begin 326B.49
new text end

ARTICLE 7

WATER CONDITIONING CONTRACTORS AND INSTALLERS

Section 1.

Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:


Subdivision 1.

Rulemaking by commissionerdeleted text begin of healthdeleted text end.

The deleted text beginstatedeleted text end commissioner
deleted text begin of healthdeleted text end shall, by rule, prescribe minimum standards which shall be uniform, and
which standards shall thereafter be effective for all new water conditioning servicing
and water conditioning installations, including additions, extensions, alterations, and
replacements connected with any water or sewage disposal system owned or operated by
or for any municipality, institution, factory, office building, hotel, apartment building or
any other place of business, regardless of location or the population of the city, county
or town in which located. deleted text beginSuch rules, upon approval of the attorney general and their
legal publication, shall have the force of law, and the violation of any part thereof shall
constitute a misdemeanor and may be enjoined by the attorney general.
deleted text end

Sec. 2.

Minnesota Statutes 2006, section 326.58, is amended to read:


326.58 LOCAL REGULATIONS.

Any city or town with a population of 5,000 or more deleted text beginpersonsdeleted text endnew text begin according to the last
federal census
new text end may, by ordinance, adopt local regulations providing for water conditioning
permits, bonds, approval of plans, and inspections of water conditioning installations and
servicing, which regulations shall not be in conflict with the water conditioning standards
on the same subject prescribed by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end. No such city or
town shall prohibit water conditioning contractors or installers licensed by the deleted text beginstatedeleted text end
commissioner deleted text beginof healthdeleted text end from engaging in or working at the business.

Sec. 3.

Minnesota Statutes 2006, section 326.59, is amended to read:


326.59 VIOLATIONS TO BE REPORTED TO deleted text beginSTATEdeleted text end COMMISSIONER
deleted text begin OF HEALTHdeleted text end.

Such local authority as may be designated by any such ordinance for the issuance
of such water conditioning installation and servicing permits and approval of such plans
shall report to the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end persistent or willful violations of the
same and any incompetence of a licensed water conditioning contractor or licensed water
conditioning installer observed by the local authority.

Sec. 4.

Minnesota Statutes 2006, section 326.60, is amended to read:


326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.

Subdivision 1.

Licensing in certain cities.

In any city or town deleted text beginnow or hereafterdeleted text end
having a population of 5,000 or more according to the last federal census, no persondeleted text begin, firm,
or corporation
deleted text end shall engage in or work at the business of water conditioning installation or
servicing after January 1, 1970, unless deleted text begin(a)deleted text endnew text begin (1)new text end at all times deleted text begina persondeleted text endnew text begin an individualnew text end licensed
as a water conditioning contractor by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end shall be responsible
for the proper water conditioning installation and servicing work of such persondeleted text begin, firm, or
corporation
deleted text end, and deleted text begin(b)deleted text endnew text begin (2)new text end all installations, other than exchanges of portable equipment, are
deleted text begin actually madedeleted text endnew text begin performednew text end by a licensed water conditioning contractor or licensed water
conditioning installer. deleted text beginAnyonedeleted text endnew text begin Any individualnew text end not so licensed may deleted text begindodeleted text endnew text begin performnew text end water
conditioning work deleted text beginwhichdeleted text endnew text begin thatnew text end complies with deleted text beginthe provisions ofdeleted text end the minimum standard
prescribed by the deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end on premises or that part of premises owned
and deleted text beginactuallydeleted text end occupied by the worker as a residence, unless otherwise deleted text beginforbidden to do sodeleted text endnew text begin
prohibited
new text end by a local ordinance.

Subd. 2.

Qualifications for licensing.

A water conditioning contractor license
shall be issued only to deleted text begina persondeleted text endnew text begin an individualnew text end who has demonstrated skill in planning,
superintending, and servicing water conditioning installations. A water conditioning
installer license shall only be issued to deleted text begina persondeleted text endnew text begin an individualnew text end other than a water
conditioning contractor who has demonstrated practical knowledge of water conditioning
installation.

Subd. 3.

Rules.

The deleted text beginstatedeleted text end commissioner deleted text beginof healthdeleted text end shall:

deleted text begin (a)deleted text endnew text begin (1)new text end prescribe rules, not inconsistent herewith, for the licensing of water
conditioning contractors and installers;

deleted text begin (b)deleted text endnew text begin (2)new text end license water conditioning contractors and installers;

deleted text begin (c)deleted text endnew text begin (3)new text end prescribe rules not inconsistent herewith for the examining of water
conditioning contractors and installers prior to first granting a license as a water
conditioning contractor or water conditioning installer; and

deleted text begin (d)deleted text endnew text begin (4)new text end collect an examination fee from each examinee for a license as a water
conditioning contractor and deleted text beginadeleted text endnew text begin an examinationnew text end fee from each examinee for a license
as a water conditioning installer in an amount deleted text beginprescribed by the state commissioner of
health pursuant to
deleted text endnew text begin set forth innew text end section deleted text begin 144.122deleted text endnew text begin 326.62new text end. A water conditioning installer
must successfully pass the examination for water conditioning contractors before being
licensed as a water conditioning contractor.

Sec. 5.

Minnesota Statutes 2006, section 326.601, is amended to read:


326.601 ALTERNATIVE STATE BONDING AND INSURANCE
REGULATION.

Subdivision 1.

Bonds.

new text begin(a) new text endAn applicant for a water conditioning contractor or
installer license or renewal thereof who is required by any political subdivision to give a
bond to obtain or maintain the license, may comply with any political subdivision bonding
requirement by giving a bond to the state new text beginas described in paragraph (b). No applicant for a
water conditioning contractor or installer license who maintains the bond under paragraph
(b) shall be otherwise required to meet the bond requirements of any political subdivision.
new text end

new text begin (b) Each bond given to the state under this subdivision shall be new text endin the total deleted text beginpenaldeleted text end sum
of $3,000 conditioned upon the faithful and lawful performance of all water conditioning
contracting or installing work done within the state. The bond shall be for the benefit of
persons suffering injuries or damages due to the work. The bond shall be filed with the
commissioner deleted text beginof healthdeleted text end and shall be written by a corporate surety licensed to do business
in this state. deleted text beginNo applicant for a water conditioning contractor or installer license who
maintains the bond under this subdivision shall be otherwise required to meet the bond
requirements of any political subdivision.
deleted text endnew text begin The bond must remain in effect at all times
while the application is pending and while the license is in effect.
new text end

Subd. 2.

Insurance.

new text begin(a) new text endEach applicant for a water conditioning contractor or
installer license or renewal thereof deleted text beginmay, in lieu of all other insurance requirements of any
political subdivision for said licensing purposes, maintain the insurance specified by
this subdivision.
deleted text endnew text begin who is required by any political subdivision to maintain insurance to
obtain or maintain the license may comply with any political subdivision's insurance
requirement by maintaining the insurance described in paragraph (b). No applicant for a
water conditioning contractor or installer license who maintains the insurance described
in paragraph (b) shall be otherwise required to meet the insurance requirements of any
political subdivision.
new text end

new text begin (b)new text end The insurance shall provide coverage, including products liability coverage,
for all damages in connection with licensed work for which the licensee is liable, with
personal damage limits of at least $50,000 per person and $100,000 per occurrence and
property damage insurance with limits of at least $10,000. The insurance shall be written
by an insurer licensed to do business in this state and deleted text begineach licensed water conditioning
contractor or installer shall maintain on file with the commissioner of health
deleted text end a certificate
evidencing the insurancenew text begin shall be filed with the commissioner. The insurance must remain
in effect at all times while the application is pending and while the license is in effect
new text end. The
insurance shall not be canceled without the insurer first giving 15 days' written notice to
the commissioner.

Subd. 3.

Bond and insurance exemption.

A water conditioning contractor or
installer who is an employee of a water conditioning contractor or installer, including
an employee engaged in the maintenance and repair of water conditioning equipment,
apparatus, or facilities owned, leased and operated, or maintained by the employer, is
not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
any political subdivision.

Subd. 4.

Fee.

The commissioner deleted text beginof health may establish by rule an additional
fee commensurate with the cost of administering the bond and insurance requirements
of subdivisions 1 and 2, which may be charged
deleted text endnew text begin shall collect a $40 bond registration fee
from
new text end each applicant for issuance or renewal of a water conditioning contractor or installer
license who elects to proceed under subdivisions 1 and 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that the
amendments to subdivision 4 are effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:


Subdivision 1.

Water conditioning installation.

"Water conditioning installation"
deleted text begin as used in sections 326.57 to 326.65deleted text end means the installation of appliances, appurtenances,
and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical
or bacterial content, said installation to be made in a water distribution system serving a
single family residential unit, which has been initially established by a licensed plumber,
and does not involve a direct connection without an air gap to a soil or waste pipe.

Sec. 7.

Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:


Subd. 2.

Water conditioning servicing.

"Water conditioning servicing" deleted text beginas used in
sections 326.57 to 326.65
deleted text end means the servicing (including servicing prior to installation) of
a water conditioning installation.

Sec. 8.

Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:


Subd. 3.

Rules.

In order to provide effective protection of the public health, the
deleted text begin statedeleted text end commissioner deleted text beginof healthdeleted text end may by rule prescribe limitations on the nature of alteration
to, extension of, or connection with, the said water distribution system initially established
by a licensed plumber which may be performed by a person licensed hereunder, and may
by rule in appropriate instances require filing of plans, blueprints and specifications prior
to commencement of installation. deleted text beginSuch rules, upon approval of the attorney general and
their legal publication, shall have the force of law, and the violation of any part thereof
shall constitute a misdemeanor.
deleted text end The installation of water heaters shall not constitute water
conditioning installation and consequently such work shall be accomplished in accordance
with the provisions of sections deleted text begin 326.37deleted text endnew text begin 326.361new text end to deleted text begin 326.45deleted text endnew text begin 326.44new text end.

Sec. 9.

Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:


Subd. 4.

Single family residential unit.

"Single family residential unit" deleted text beginas used in
sections 326.57 to 326.65
deleted text end means a building or portion thereof which is arranged, designed,
used or intended to be used for residential occupancy by one family, but not including a
motel, hotel or rooming house.

Sec. 10.

Minnesota Statutes 2006, section 326.62, is amended to read:


326.62 deleted text beginAPPLICATIONS;deleted text end FEES.

deleted text begin Applications for water conditioning contractor's or installer's licenses shall be
made to the state commissioner of health with the fee prescribed by the commissioner
pursuant to section 144.122. Licenses shall expire and be renewed as prescribed by
the commissioner pursuant to section 144.122.
deleted text end new text begin Unless examination fees have been set
by a contract under section 326B.05, examination fees for both water conditioning
contractors and water conditioning installers shall be $50 for each examination. Each
water conditioning contractor and installer license shall expire on December 31 of the year
for which it was issued. The license fee for each initial water conditioning contractor's
license shall be $70, except that the license fee shall be $35 if the application is submitted
during the last three months of the calendar year. The license fee for each renewal water
conditioning contractor's license shall be $70. The license fee for each initial water
conditioning installer license shall be $35, except that the license fee shall be $17.50 if the
application is submitted during the last three months of the calendar year. The license fee
for each renewal water conditioning installer license shall be $35. The commissioner may
by rule prescribe for the expiration and renewal of licenses. Any licensee who does not
renew a license within two years after the license expires is no longer eligible for renewal.
Such an individual must retake and pass the examination before a new license will be
issued. A water conditioning contractor or water conditioning installer who submits a
license renewal application after the time specified in rule but within two years after the
license expired must pay all past due renewal fees plus a late fee of $25.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 11.

Minnesota Statutes 2006, section 326.65, is amended to read:


326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.

The provisions of sections 326.57 to 326.65 deleted text beginwhichdeleted text endnew text begin thatnew text end require deleted text beginthe obtaining ofdeleted text end
licenses to engage in the work or business of water conditioning installation, and the
provisions deleted text beginwhichdeleted text endnew text begin thatnew text end provide for the examination of applicants for such licenses, shall
only apply to work accomplished in cities or towns having populations of 5,000 or more
new text begin according to the last federal census, new text endand shall not apply to master plumbers and journeymen
plumbers licensed under the provisions of sections deleted text begin 326.37deleted text endnew text begin 326.361new text end to deleted text begin 326.45deleted text endnew text begin 326.44new text end.

Sec. 12.

new text begin [326.651] RECIPROCITY WITH OTHER STATES.
new text end

new text begin The commissioner may issue a temporary license without examination, upon
payment of the required fee, nonresident applicants who are licensed under the laws of a
state having standards for licensing which the commissioner determines are substantially
equivalent to the standards of this state if the other state grants similar privileges to
Minnesota residents duly licensed in this state. Applicants who receive a temporary
license under this section may acquire a cumulative 24 months of experience before
they have to apply and pass the licensing examination. Applicants must register with the
commissioner of labor and industry and the commissioner shall set a fee for a temporary
license. Applicants have four years in which to comply with this section.
new text end

new text begin new text end

Sec. 13.

new text begin [326B.50] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Words, terms, and phrases. new text end

new text begin For the purposes of sections 326B.50
to 326B.59, the terms defined in this section have the meanings given them.
new text end

Sec. 14. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 326.57
new text end
new text begin 326B.52
new text end
new text begin 326.58
new text end
new text begin 326B.53
new text end
new text begin 326.59
new text end
new text begin 326B.54
new text end
new text begin 326.60
new text end
new text begin 326B.55
new text end
new text begin 326.601
new text end
new text begin 326B.56
new text end
new text begin 326.61, subd. 1
new text end
new text begin 326B.50, subd. 3
new text end
new text begin 326.61, subd. 2
new text end
new text begin 326B.50, subd. 4
new text end
new text begin 326.61, subd. 3
new text end
new text begin 326B.57
new text end
new text begin 326.61, subd. 4
new text end
new text begin 326B.50, subd. 2
new text end
new text begin 326.62
new text end
new text begin 326B.58
new text end
new text begin 326.65
new text end
new text begin 326B.59
new text end

ARTICLE 8

RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

Section 1.

Minnesota Statutes 2006, section 325E.58, is amended to read:


325E.58 SIGN CONTRACTOR; BOND.

(a) A sign contractor may post a compliance bond with the commissioner,
conditioned that the sign contractor shall faithfully perform duties and comply with laws,
ordinances, rules, and contracts entered into for the installation of signs. The bond must
be renewed annually and maintained for so long as determined by the commissioner. The
aggregate liability of the surety on the bond to any and all persons, regardless of the
number of claims made against the bond, may not exceed the annual amount of the bond.
The bond may be canceled as to future liability by the surety upon 30 days' written notice
mailed to the commissioner by United States mail.

(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by
a local unit of government that requires sign deleted text begininstallersdeleted text endnew text begin contractorsnew text end to post a compliance
bond. The bond is in lieu of any compliance bond required by a local unit of government.

(c) For purposes of this section, "sign" means a device, structure, fixture, or
placard using graphics, symbols, or written copy that is erected on the premises of an
establishment including the name of the establishment or identifying the merchandise,
services, activities, or entertainment available on the premises.

Sec. 2.

Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:


Subd. 6.

Lessee.

"Lessee" means one who rentsnew text begin or leasesnew text end residential real estate
pursuant to a written lease agreement of at least one year's duration.

Sec. 3.

Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:


Subd. 7.

Licensee.

"Licensee" means a residential building contractor, residential
remodeler, manufactured home installer, ornew text begin residentialnew text end roofer licensed under sections
326.83 to .

Sec. 4.

Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:


Subd. 11.

Owner.

deleted text beginExcept in section 326.91, subdivision 1, "owner" means a person
who has any legal or equitable interest in real property. For purposes of sections 326.83
to 326.991, "owner" does not include a residential building contractor or residential
remodeler who constructs or improves its own property for purposes of speculation. A
residential building contractor or residential remodeler will be presumed to be building or
improving for purposes of speculation if it constructs or improves more than one property
within any 24-month period.
deleted text endnew text begin "Owner," when used in connection with real property, means
a person who has any legal or equitable interest in the real property.
new text end

Sec. 5.

Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:


Subd. 18.

new text beginResidential new text endroofer.

"new text beginResidential new text endroofer" means a person in the business
of contracting, or offering to contract with an owner, to complete work on residential real
estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of
roof systems, but not construction of new roof systems.

Sec. 6.

Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:


Subd. 19.

Special skill.

"Special skill" means one of the following eight categories:

(a) Excavation. Excavation includes work in any of the following areas:

(1) excavation;

(2) trenching;

(3) grading; and

(4) site grading.

(b) Masonry and concrete. Masonry and concrete includes work in any of the
following areas:

(1) drain systems;

(2) poured walls;

(3) slabs and poured-in-place footings;

(4) masonry walls;

(5) masonry fireplaces;

(6) masonry veneer; and

(7) water resistance and waterproofing.

(c) Carpentry. Carpentry includes work in any of the following areas:

(1) rough framing;

(2) finish carpentry;

(3) doors, windows, and skylights;

(4) porches and decks, excluding footings;

(5) wood foundations; and

(6) drywall installation, excluding taping and finishing.

(d) Interior finishing. Interior finishing includes work in any of the following areas:

(1) floor covering;

(2) wood floors;

(3) cabinet and counter top installation;

(4) insulation and vapor barriers;

(5) interior or exterior painting;

(6) ceramic, marble, and quarry tile;

(7) ornamental guardrail and installation of prefabricated stairs; and

(8) wallpapering.

(e) Exterior finishing. Exterior finishing includes work in any of the following
areas:

(1) siding;

(2) soffit, fascia, and trim;

(3) exterior plaster and stucco;

(4) painting; and

(5) rain carrying systems, including gutters and down spouts.

(f) Drywall and plaster. Drywall and plaster includes work in any of the following
areas:

(1) installation;

(2) taping;

(3) finishing;

(4) interior plaster;

(5) painting; and

(6) wallpapering.

(g) new text beginResidential new text endroofing.new text begin Residentialnew text end roofing includes work in any of the following
areas:

(1) roof coverings;

(2) roof sheathing;

(3) roof weatherproofing and insulation; and

(4) repair of roof support system, but not construction of new roof support system.

(h) General installation specialties. Installation includes work in any of the
following areas:

(1) garage doors and openers;

(2) pools, spas, and hot tubs;

(3) fireplaces and wood stoves;

(4) asphalt paving and seal coating;new text begin and
new text end

(5) deleted text beginexterior plaster and stucco; and
deleted text end

deleted text begin (6)deleted text end ornamental guardrail and prefabricated stairs.

Sec. 7.

Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:


Subd. 20.

Specialty contractor.

"Specialty contractor" means a person in the
business of contracting or offering to contract to build or improve residential real estate by
providingnew text begin onlynew text end one special skill as defined in this section.

Sec. 8.

Minnesota Statutes 2006, section 326.84, is amended to read:


326.84 LICENSING REQUIREMENTS.

Subdivision 1.

Persons required to be licensed.

A person who meets the definition
of a residential new text beginbuilding contractor as defined in section 326.83, subdivision 15, must be
licensed as a residential building contractor by the commissioner. A person who meets
the definition of a residential
new text endremodeler as defined in section 326.83, subdivision deleted text begin16deleted text enddeleted text begin,
or a residential building contractor as defined in section 326.83, subdivision 15, must
be licensed as a residential building contractor or residential remodeler.
deleted text end new text begin16, must be
licensed by the commissioner as a residential remodeler or residential building contractor.
A person who meets the definition of a residential roofer as defined in section 18 must
be licensed by the commissioner as a residential roofer, residential building contractor,
or residential remodeler. A person who meets the definition of a manufactured home
installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured
home installer by the commissioner.
new text end

Subd. 1a.

Persons who may be licensed.

A person who meets the definition of
a specialty contractor as defined in section 326.83, subdivision deleted text begin20deleted text endnew text begin 19new text end, may be licensednew text begin
by the commissioner
new text end as a residential building contractor or residential remodeler deleted text beginunless
required to be licensed by the state as a specialty contractor
deleted text end.

Subd. 1b.

Prohibition.

Except as provided in subdivision 3, no persons required
to be licensed by subdivision 1 may act or hold themselves out asnew text begin anew text end residential building
deleted text begin contractors ordeleted text endnew text begin contractor,new text end residential deleted text beginremodelersdeleted text endnew text begin remodeler, residential roofer, or
manufactured home installer
new text end for compensation without a deleted text beginvaliddeleted text end license issued by the
commissioner.

Subd. 1c.

Licensing criteria.

The examination and education requirements for
licensure under sections 326.84 to must be fulfilled by a qualifying person
designated by the potential licensee. If the qualifying person is a managing employee, the
qualifying person must be an employee who is regularly employed by the licensee and
is actively engaged in the business of residential contracting or residential remodeling
on behalf of the licensee. For a sole proprietorship, the qualifying person must be the
proprietor or managing employee. For a partnership, the qualifying person must be a
general partner or managing employee. For a limited liability company, the qualifying
person must be a chief manager or managing employee. For a corporation, the qualifying
person must be deleted text begina chief executive officerdeleted text endnew text begin an owner, officer,new text end or managing employee. A
qualifying person for a corporationnew text begin or limited liability companynew text end may act as deleted text beginadeleted text end new text beginthe new text endqualifying
person for deleted text beginone additional corporation if one of the following conditions exists:
deleted text end

deleted text begin (1) there is a common ownership of at least 25 percent of each licensed corporation
for which the person acts in a qualifying capacity; or
deleted text end

deleted text begin (2) one corporation is a subsidiary of another corporation for which the same person
acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of
which at least 25 percent is owned by the parent corporation.
deleted text end new text begin more than one corporation
or limited liability company if there is common ownership of at least 25 percent among
each of the licensed corporations or limited liability companies for which the person
acts in the capacity of qualifying person.
new text end

new text begin Subd. 1d. new text end

new text begin Required information. new text end

new text begin (a) Each licensee or applicant for licensure shall
provide to the commissioner a current street address and telephone number where the
licensee resides, and a street address and telephone number where the licensee's business
is physically located. A post office box address is not sufficient to satisfy this requirement.
Each licensee or applicant for licensure must notify the commissioner in writing of any
change in the required information within 15 days of the change.
new text end

new text begin (b) Each licensee or applicant for licensure must notify the commissioner in writing
upon any change in control, ownership, officers or directors, personal name, business
name, license name, or qualifying person, within 15 days of the change.
new text end

new text begin (c) Each licensee or applicant for licensure must notify the commissioner in writing if
the licensee or applicant for licensure is found to be a judgment debtor based upon conduct
requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
new text end

new text begin (d) Each licensee or applicant for licensure must notify the commissioner in writing
within 15 days of filing a petition for bankruptcy.
new text end

new text begin (e) Each licensee or applicant for licensure must notify the commissioner in writing
within ten days if the licensee or applicant for licensure has been found guilty of a felony,
gross misdemeanor, misdemeanor, or any comparable offense related to residential
contracting, including convictions of fraud, misrepresentation, misuse of funds, theft,
criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this
or any other state or any other United States jurisdiction.
new text end

new text begin Subd. 1e. new text end

new text begin ........ new text end

new text begin The commissioner may issue a temporary license without
examination, upon payment of the required fee, nonresident applicants who are licensed
under the laws of a state having standards for licensing which the commissioner
determines are substantially equivalent to the standards of this state if the other state
grants similar privileges to Minnesota residents duly licensed in this state. Applicants who
receive a temporary license under this section may acquire a cumulative 24 months of
experience before they have to apply and pass the licensing examination. Applicants must
register with the commissioner of labor and industry and the commissioner shall set a fee
for a temporary license. Applicants have four years in which to comply with this section.
new text end

Subd. 3.

Exemptions.

The license requirement does not apply to:

(1) an employee of a licensee performing work for the licensee;

(2) a material person, manufacturer, or retailer furnishing finished products,
materials, or articles of merchandise who does not install or attach the items;

(3) an owner deleted text beginor ownersdeleted text end of residential real estate who deleted text beginbuild or improvedeleted text endnew text begin builds or
improves any structure on
new text end residential real estate deleted text beginand who do the work themselves or
jointly with the owner's own
deleted text endnew text begin, if the building or improving is performed by the owner'snew text end
bona fide employeesnew text begin or by individual owners personallynew text end. This exemption does not apply
to deleted text begina person who engages in a pattern of building or improving real estate for purposes of
resale. Such a pattern is presumed to exist if the person constructs or improves more
than one property within any 24-month period;
deleted text endnew text begin an owner who constructs or improves
property for purposes of speculation if the building or improving is performed by the
owner's bona fide employees or by individual owners personally. A residential building
contractor or residential remodeler will be presumed to be building or improving for
purposes of speculation if the contractor or remodeler constructs or improves more than
one property within any 24-month period.
new text end

(4) an architect ornew text begin professionalnew text end engineer engaging in professional practice as defined
deleted text begin in this chapterdeleted text endnew text begin by section 326.02, subdivisions 2 and 3new text end;

(5) a person whose total gross annual receipts deleted text beginfrom projects regulated under this
section
deleted text endnew text begin for performing specialty skills for which licensure would be required under this
section
new text end do not exceed $15,000;

(6) a mechanical contractor;

(7) a plumber, electrician, or other person whose profession is otherwise subject to
statewide licensing, when engaged in the activity which is the subject ofnew text begin thatnew text end licensure;

(8) specialty contractors who provide only one special skill as defined in section
326.83;

(9) a school district, or a technical college governed under chapter 136F;new text begin and
new text end

deleted text begin (10) manufactured housing installers; and
deleted text end

deleted text begin (11)deleted text endnew text begin (10)new text end Habitat for Humanity and Builders Outreach Foundation, and their
individual volunteers when engaged in activities on their behalf.

To qualify for the exemption in clause (5), a person must obtain a certificate of
exemption from deleted text beginlicensingdeleted text endnew text begin licensurenew text end from the commissioner.

A certificate of exemption will be issued upon the applicant's filing with the
commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in
gross annual receipts derived from deleted text begincontracting activities during the calendar year for which
the exemption is requested
deleted text endnew text begin performing services which require licensure under this sectionnew text end.

To renew the exemption in clause (5), the applicant must file an affidavit stating that
the applicant did not exceed $15,000 in gross annual receipts during the past calendar
yeardeleted text begin, and the applicant does not expect to exceed $15,000 in gross annual receipts during
the calendar year for which the exemption is requested
deleted text end.

If a person, operating under the exemption in clause (5), exceeds $15,000 in gross
receipts during any calendar year, the person must immediately surrender the exemption
certificate and apply for the appropriate license. The person must remain licensed until
such time as the person's gross annual receipts during a calendar year fall below $15,000.
The person may then apply for deleted text beginthisdeleted text endnew text begin annew text end exemption for the next calendar year.

Sec. 9.

Minnesota Statutes 2006, section 326.841, is amended to read:


326.841 MANUFACTURED HOME INSTALLERS.

new text begin (a) new text endManufactured home installers are subject to all of the requirements of sections
326.83 to 326.98, except for the following:

deleted text begin (1) manufactured home installers are not members of the advisory council under
section ;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end manufactured home installers are not subject to the continuing education
requirements of section 326.87new text begin, but are subject to the continuing education requirements
established in rules adopted under section 327B.10
new text end
;

deleted text begin (3)deleted text endnew text begin (2)new text end the examination requirement of section 326.89, subdivision 3, for
manufactured home installers shall be satisfied by successful completion of a written
examination deleted text begindesigneddeleted text endnew text begin administered and developednew text end specifically for new text beginthe examination of
new text endmanufactured home installers. The examination must be deleted text begindesigneddeleted text endnew text begin administered and
developed
new text end by the commissioner deleted text beginin conjunction with the state building code divisiondeleted text end. The
commissioner and deleted text beginState Building Code Divisiondeleted text endnew text begin the state building officialnew text end shall seek
advice on the grading, monitoring, and updating of examinations from the Minnesota
Manufactured Housing Association;

deleted text begin (4) the amount of the bond required by section 326.94 shall be $2,500 for
manufactured home installers;
deleted text end

deleted text begin (5)deleted text endnew text begin (3)new text end a local government unit may not place a surcharge on a license fee, and
may not charge a separate fee to installers;

deleted text begin (6)deleted text endnew text begin (4)new text end a dealer or distributor who does not install or repair manufactured homes is
exempt from licensure under sections 326.83 to 326.98;deleted text begin and
deleted text end

deleted text begin (7)deleted text endnew text begin (5)new text end the exemption under section 326.84, subdivision 3, clause (5), does not
applydeleted text begin.deleted text endnew text begin; andnew text end

new text begin (6) manufactured home installers are not subject to the contractor recovery fund
in section 326.975.
new text end

new text begin (b) The commissioner may waive all or part of the requirements for licensure
as a manufactured home installer for any individual who holds an unexpired license or
certificate issued by any other state or other United States jurisdiction if the licensing
requirements of that jurisdiction meet or exceed the corresponding licensing requirements
of the department.
new text end

Sec. 10.

Minnesota Statutes 2006, section 326.842, is amended to read:


326.842 new text beginRESIDENTIAL new text endROOFERS.

new text begin Residential new text endroofers are subject to all of the requirements of sections 326.83 to 326.98
deleted text begin and 326.991deleted text end, except the recovery fund in section 326.975.

Sec. 11.

Minnesota Statutes 2006, section 326.86, is amended to read:


326.86 FEES.

Subdivision 1.

Licensing fee.

The licensing fee for persons licensed pursuant to
sections 326.83 to is deleted text begin$100deleted text endnew text begin $70new text end per year.

Subd. 2.

Local surcharge.

A local government unit may place a surcharge in an
amount no greater than $5 on each new text beginland use, zoning, or new text endbuilding permit that requires a
licensed residential building contractor, residential remodeler, deleted text beginor specialty contractordeleted text endnew text begin
residential roofer, or manufactured home installer
new text end for the purpose of license verification.
The local government may verify a license by telephone deleted text beginordeleted text endnew text begin,new text end facsimile deleted text beginmachinedeleted text endnew text begin or
electronic communication. A local government unit shall not issue a land use, zoning, or
building permit unless the required license has been verified and is current
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to subdivision 1 are effective July 1, 2007.
The amendments to subdivision 2 are effective December 1, 2007.
new text end

Sec. 12.

Minnesota Statutes 2006, section 326.87, is amended to read:


326.87 CONTINUING EDUCATION.

Subdivision 1.

Standards.

The commissionerdeleted text begin, in consultation with the council,
may
deleted text endnew text begin must by rulenew text end adopt standards for continuing education requirements and course new text beginand
instructor
new text endapproval. The standards must include requirements for continuing education
in the implementation of energy codes applicable to buildings and other building codes
designed to conserve energy. deleted text beginExcept for the course content, the standards must be
consistent with the standards established for real estate agents and other professions
licensed by the Department of Commerce. At a minimum, the content of one hour of any
required continuing education must contain information on lead abatement rules and
safe lead abatement procedures.
deleted text end

Subd. 2.

Hours.

A qualifying person of a licensee must provide proof of completion
of deleted text beginsevendeleted text endnew text begin 16new text end hours of continuing education per yearnew text begin in the regulated industry in which the
licensee is licensed
new text end. deleted text beginTo the extent the commissioner considers it appropriate, courses or
parts of courses may be considered to satisfy both continuing education requirements
under this section and continuing real estate education requirements.
deleted text end

new text begin Credit may not be earned if the licensee has previously obtained credit for the same
course as either a student or instructor during the same licensing period.
new text end

Subd. 3.

Accessibility.

To the extent possible, the commissioner shall ensure that
continuing education courses are offered throughout the state and are easily accessible
to all licensees.

Subd. 4.

Renewal of deleted text beginaccreditationdeleted text endnew text begin approvalnew text end.

The commissioner is authorized to
establish a procedure for renewal of course deleted text beginaccreditationdeleted text endnew text begin approvalnew text end.

new text begin Subd. 5. new text end

new text begin Content. new text end

new text begin (a) Continuing education consists of approved courses that
impart appropriate and related knowledge in the regulated industries according to sections
326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related
knowledge is upon the person seeking approval or credit.
new text end

new text begin (b) Course examinations will not be required for continuing education courses
unless they are required by the sponsor.
new text end

new text begin (c) Textbooks are not required to be used for continuing education courses. If
textbooks are not used, the coordinator must provide students with a syllabus containing,
at a minimum, the course title, the times and dates of the course offering, the names and
addresses or telephone numbers of the course coordinator and instructor, and a detailed
outline of the subject materials to be covered. Any written or printed material given to
students must be of readable quality and contain accurate and current information.
new text end

new text begin (d) Upon completion of an approved course, licensees shall earn one hour of
continuing education credit for each hour approved by the commissioner. Each continuing
education course must be attended in its entirety in order to receive credit for the number
of approved hours. Courses may be approved for full or partial credit, and for more than
one regulated industry.
new text end

new text begin Continuing education credit in an approved course shall be awarded to presenting
instructors on the basis of one credit for each hour of preparation for the initial presentation,
which may not exceed three hours total credit for each approved course. Continuing
education credit may not be earned if the licensee has previously obtained credit for the
same course as a licensee or as an instructor within the three years immediately prior.
new text end

new text begin (e) The following courses will not be approved for credit:
new text end

new text begin (1) courses designed solely to prepare students for a license examination;
new text end

new text begin (2) courses in mechanical office or business skills, including typing, speed reading,
or other machines or equipment. Computer courses are allowed, if appropriate and related
to the regulated industry of the licensee;
new text end

new text begin (3) courses in sales promotion, including meetings held in conjunction with the
general business of the licensee;
new text end

new text begin (4) courses in motivation, salesmanship, psychology, time management, or
communication; or
new text end

new text begin (5) courses that are primarily intended to impart knowledge of specific products of
specific companies, if the use of the product or products relates to the sales promotion or
marketing of one or more of the products discussed.
new text end

new text begin Subd. 6. new text end

new text begin Course approval. new text end

new text begin (a) Courses must be approved by the commissioner
in advance and will be approved on the basis of the applicant's compliance with the
provisions of this section relating to continuing education in the regulated industries. The
commissioner shall make the final determination as to the approval and assignment of
credit hours for courses. Courses must be at least one hour in length.
new text end

new text begin Individuals requesting credit for continuing education courses that have not
been previously approved shall, on a form prescribed by the commissioner, submit an
application for approval of continuing education credit accompanied by a nonrefundable
fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
with the provisions of this section governing the types of courses that will and will not
be approved.
new text end

new text begin Approval will not be granted for time spent on meals or other unrelated activities.
Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
offered by a provider to any one student for longer than eight hours in one day, excluding
meal breaks.
new text end

new text begin (b) Application for course approval must be submitted 30 days before the course
offering.
new text end

new text begin (c) Approval must be granted for a subsequent offering of identical continuing
education courses without requiring a new application if a notice of the subsequent
offering is filed with the commissioner at least 30 days in advance of the date the course is
to be held. The commissioner shall deny future offerings of courses if they are found not
to be in compliance with the laws relating to course approval.
new text end

new text begin Subd. 7. new text end

new text begin Courses open to all. new text end

new text begin All course offerings must be open to any interested
individuals. Access may be restricted by the sponsor based on class size only. Courses
must not be approved if attendance is restricted to any particular group of people, except
for company-sponsored courses allowed by applicable law.
new text end

new text begin Subd. 8. new text end

new text begin Course coordinator. new text end

new text begin (a) Each course of study shall have at least one
coordinator, approved by the commissioner, who is responsible for supervising the
program and ensuring compliance with all relevant law. Sponsors may engage an
additional approved coordinator in order to assist the coordinator or to act as a substitute
for the coordinator in the event of an emergency or illness.
new text end

new text begin (b) The commissioner shall approve as a coordinator a person meeting one or more
of the following criteria:
new text end

new text begin (1) at least three years of full-time experience in the administration of an education
program during the five-year period immediately before the date of application;
new text end

new text begin (2) a degree in education plus two years' experience during the immediately
preceding five-year period in one of the regulated industries for which courses are being
approved; or
new text end

new text begin (3) a minimum of five years' experience within the previous six years in the regulated
industry for which courses are held.
new text end

new text begin Subd. 9. new text end

new text begin Responsibilities. new text end

new text begin A coordinator is responsible for:
new text end

new text begin (1) ensuring compliance with all laws and rules relating to continuing educational
offerings governed by the commissioner;
new text end

new text begin (2) ensuring that students are provided with current and accurate information relating
to the laws and rules governing their licensed activity;
new text end

new text begin (3) supervising and evaluating courses and instructors. Supervision includes
ensuring that all areas of the curriculum are addressed without redundancy and that
continuity is present throughout the entire course;
new text end

new text begin (4) ensuring that instructors are qualified to teach the course offering;
new text end

new text begin (5) furnishing the commissioner, upon request, with copies of course and instructor
evaluations and qualifications of instructors. Evaluations must be completed by students at
the time the course is offered and by coordinators within five days after the course offering;
new text end

new text begin (6) investigating complaints related to course offerings or instructors. A copy of
the written complaint must be sent to the commissioner within ten days of receipt of
the complaint and a copy of the complaint resolution must be sent not more than ten
days after resolution is reached;
new text end

new text begin (7) maintaining accurate records relating to course offerings, instructors, tests
taken by students if required, and student attendance for a period of three years from the
date on which the course was completed. These records must be made available to the
commissioner upon request. In the event that a sponsor ceases operation for any reason,
the coordinator is responsible for maintaining the records or providing a custodian for the
records acceptable to the commissioner. The coordinator must notify the commissioner
of the name and address of that person. In order to be acceptable to the commissioner,
custodians must agree to make copies of acknowledgments available to students at a
reasonable fee. Under no circumstances will the commissioner act as custodian of the
records;
new text end

new text begin (8) ensuring that the coordinator is available to instructors and students throughout
course offerings and providing to the students and instructor the name of the coordinator
and a telephone number at which the coordinator can be reached;
new text end

new text begin (9) attending workshops or instructional programs as reasonably required by the
commissioner;
new text end

new text begin (10) providing course completion certificates within ten days of, but not before,
completion of the entire course. Course completion certificates must be completed in
their entirety. Course completion certificates must contain the following statement: "If
you have any comments about this course offering, please mail them to the Minnesota
Department of Labor and Industry." The current address of the department must be
included. A coordinator may require payment of the course tuition as a condition for
receiving the course completion certificate; and
new text end

new text begin (11) notifying the commissioner in writing within ten days of any change in the
information in an application for approval on file with the commissioner.
new text end

new text begin Subd. 10. new text end

new text begin Instructors. new text end

new text begin (a) Each continuing education course shall have an instructor
who is qualified by education, training, or experience to ensure competent instruction.
Failure to have only qualified instructors teach at an approved course offering will result
in loss of course approval. Coordinators are responsible to ensure that an instructor is
qualified to teach the course offering.
new text end

new text begin (b) Qualified continuing education instructors must have one of the following
qualifications:
new text end

new text begin (1) a four-year degree in any area plus two years' practical experience in the subject
area being taught;
new text end

new text begin (2) five years' practical experience in the subject area being taught; or
new text end

new text begin (3) a college or graduate degree in the subject area being taught.
new text end

new text begin (c) Approved instructors are responsible for:
new text end

new text begin (1) compliance with all laws and rules relating to continuing education;
new text end

new text begin (2) providing students with current and accurate information;
new text end

new text begin (3) maintaining an atmosphere conducive to learning in the classroom;
new text end

new text begin (4) verifying attendance of students, and certifying course completion;
new text end

new text begin (5) providing assistance to students and responding to questions relating to course
materials; and
new text end

new text begin (6) attending the workshops or instructional programs that are required by the
commissioner.
new text end

new text begin Subd. 11. new text end

new text begin Prohibited practices for coordinators and instructors. new text end

new text begin (a) In
connection with an approved continuing education course, coordinators and instructors
shall not:
new text end

new text begin (1) recommend or promote the services or practices of a particular business;
new text end

new text begin (2) encourage or recruit individuals to engage the services of, or become associated
with, a particular business;
new text end

new text begin (3) use materials, clothing, or other evidences of affiliation with a particular entity;
new text end

new text begin (4) require students to participate in other programs or services offered by the
instructor, coordinator, or sponsor;
new text end

new text begin (5) attempt, either directly or indirectly, to discover questions or answers on an
examination for a license;
new text end

new text begin (6) disseminate to any other person specific questions, problems, or information
known or believed to be included in licensing examinations;
new text end

new text begin (7) misrepresent any information submitted to the commissioner;
new text end

new text begin (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
the course outline approved by the commissioner during the approved instruction; or
new text end

new text begin (9) issue inaccurate course completion certificates.
new text end

new text begin (b) Coordinators shall notify the commissioner within ten days of a felony or
gross misdemeanor conviction or of disciplinary action taken against an occupational or
professional license held by the coordinator or an instructor teaching an approved course.
The notification shall be grounds for the commissioner to withdraw the approval of the
coordinator and to disallow the use of the instructor.
new text end

new text begin Subd. 12. new text end

new text begin Fees. new text end

new text begin Fees for an approved course of study and related materials must
be clearly identified to students. In the event that a course is canceled for any reason, all
fees must be returned within 15 days from the date of cancellation. In the event that a
course is postponed for any reason, students shall be given the choice of attending the
course at a later date or having their fees refunded in full within 15 days from the date
of postponement. If a student is unable to attend a course or cancels the registration in a
course, sponsor policies regarding refunds shall govern.
new text end

new text begin Subd. 13. new text end

new text begin Facilities. new text end

new text begin Each course of study must be conducted in a classroom
or other facility that is adequate to comfortably accommodate the instructors and the
number of students enrolled. The sponsor may limit the number of students enrolled in a
course. Approved courses may be held on the premises of a company doing business in
the regulated area only when the company is sponsoring the course offering, or where
product application is appropriate and related.
new text end

new text begin Subd. 14. new text end

new text begin Supplementary materials. new text end

new text begin An adequate supply of supplementary
materials to be used or distributed in connection with an approved course must be available
at the time and place of the course offering in order to ensure that each student receives all
of the necessary materials. Outlines and any other materials that are reproduced must be
of readable quality.
new text end

new text begin Subd. 15. new text end

new text begin Advertising courses. new text end

new text begin (a) Paragraphs (b) to (g) govern the advertising
of continuing education courses.
new text end

new text begin (b) Advertising must be truthful and not deceptive or misleading. Courses may not
be advertised in any manner as approved unless approval has been granted in writing by
the commissioner.
new text end

new text begin (c) No advertisement, pamphlet, circular, or other similar materials pertaining to
an approved offering may be circulated or distributed in this state, unless the following
statement is prominently displayed:
new text end

new text begin "This course has been approved by the Minnesota Department of Labor and Industry
for ....... (approved number of hours) hours for continuing ....... (relevant industry)
education."
new text end

new text begin (d) Advertising of approved courses must be clearly distinguishable from the
advertisement of other nonapproved courses and services.
new text end

new text begin (e) Continuing education courses may not be advertised before approval unless the
course is described in the advertising as "approval pending" and an application for approval
has been timely submitted to the commissioner and a denial has not been received.
new text end

new text begin (f) The number of hours for which a course has been approved must be prominently
displayed on an advertisement for the course. If the course offering is longer than the
number of hours of credit to be given, it must be clear that credit is not earned for the
entire course.
new text end

new text begin (g) The course approval number must not be included in any advertisement.
new text end

new text begin Subd. 16. new text end

new text begin Notice to students. new text end

new text begin At the beginning of each approved offering, the
following notice must be handed out in printed form or must be read to students:
new text end

new text begin "This educational offering is recognized by the Minnesota Department of Labor and
Industry as satisfying ....... (insert number of hours approved) hours of credit toward
continuing ....... (insert appropriate industry) education requirements."
new text end

new text begin Subd. 17. new text end

new text begin Audits. new text end

new text begin The commissioner reserves the right to audit subject offerings
with or without notice to the sponsor.
new text end

new text begin Subd. 18. new text end

new text begin Falsification of reports. new text end

new text begin A licensee, its qualified person, or an applicant
found to have falsified an education report to the commissioner shall be considered to
have violated the laws relating to the industry for which the person has a license and
shall be subject to censure, limitation, condition, suspension, or revocation of the license
or denial of the application for licensure.
new text end

new text begin The commissioner reserves the right to audit a licensee's continuing education
records.
new text end

new text begin Subd. 19. new text end

new text begin Waivers and extensions. new text end

new text begin If a licensee provides documentation to the
commissioner that the licensee or its qualifying person is unable, and will continue to be
unable, to attend actual classroom course work because of a physical disability, medical
condition, or similar reason, attendance at continuing education courses shall be waived
for a period not to exceed one year. The commissioner shall require that the licensee or
its qualifying person satisfactorily complete a self-study program to include reading a
sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
regulated industry, as would be necessary for the licensee to satisfy continuing educational
credit hour needs. The commissioner shall award the licensee credit hours for a self-study
program by determining how many credit hours would be granted to a classroom course
involving the same material and giving the licensee the same number of credit hours under
this part. The licensee may apply each year for a new waiver upon the same terms and
conditions as were necessary to secure the original waiver, and must demonstrate that in
subsequent years, the licensee was unable to complete actual classroom course work.
The commissioner may request documentation of the condition upon which the request
for waiver is based as is necessary to satisfy the commissioner of the existence of the
condition and that the condition does preclude attendance at continuing education courses.
new text end

new text begin Upon written proof demonstrating a medical hardship, the commissioner shall
extend, for up to 90 days, the time period during which the continuing education must be
successfully completed. Loss of income from either attendance at courses or cancellation
of a license is not a bona fide financial hardship. Requests for extensions must be
submitted to the commissioner in writing no later than 60 days before the education is
due and must include an explanation with verification of the hardship, plus verification of
enrollment at an approved course of study on or before the extension period expires.
new text end

new text begin Subd. 20. new text end

new text begin Reporting requirements. new text end

new text begin Required continuing education must be
reported in a manner prescribed by the commissioner. Licensees are responsible for
maintaining copies of course completion certificates.
new text end

new text begin Subd. 21. new text end

new text begin Residential building contractor, residential remodeler, and residential
roofer education.
new text end

new text begin (a) Each licensee must, during the licensee's first complete continuing
education reporting period, complete and report one hour of continuing education relating
to lead abatement rules in safe lead abatement procedures.
new text end

new text begin (b) Each licensee must, during each continuing education reporting period, complete
and report one hour of continuing education relating to energy codes for buildings and
other building codes designed to conserve energy.
new text end

new text begin Subd. 22. new text end

new text begin Continuing education approval. new text end

new text begin (a) Continuing education courses must
be approved in advance by the commissioner of labor and industry. "Sponsor" means any
person or entity offering approved education.
new text end

new text begin (b) For coordinators with an initial approval date before August 1, 2005, approval
will expire on December 31, 2005. For courses with an initial approval date on or before
December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
approval date after January 1, 2001, but before August 1, 2005, approval will expire
on April 30, 2007.
new text end

new text begin Subd. 23. new text end

new text begin Continuing education fees. new text end

new text begin The following fees shall be paid to the
commissioner:
new text end

new text begin (1) initial course approval, $10 for each hour or faction of one hour of continuing
education course approval sought. Initial course approval expires on the last day of the
24th month after the course is approved;
new text end

new text begin (2) renewal of course approval, $10 per course. Renewal of course approval expires
on the last day of the 24th month after the course is renewed;
new text end

new text begin (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
day of the 24th month after the coordinator is approved; and
new text end

new text begin (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires
on the last day of the 24th month after the coordinator is renewed.
new text end

new text begin Subd. 24. new text end

new text begin Refunds. new text end

new text begin All fees paid to the commissioner under this section are
nonrefundable, except that an overpayment of a fee shall be returned upon proper
application.
new text end

Sec. 13.

Minnesota Statutes 2006, section 326.88, is amended to read:


326.88 LOSS OF QUALIFYING PERSON.

Upon the departure or disqualification of a licensee's qualifying person because of
death, disability, retirement, position change, or other reason, the licensee must notify
the commissioner within 15 business days. The licensee shall have 120 days from the
departure of the qualifying person to obtain a new qualifying person. Failure to secure a
new qualifying person within 120 days willnew text begin, with or without notice,new text end result in the automatic
termination of the license.

Sec. 14.

Minnesota Statutes 2006, section 326.89, is amended to read:


326.89 APPLICATION AND EXAMINATION.

Subdivision 1.

Form.

An applicant for a license under sections 326.83 to 326.98
must submit an application deleted text beginto the commissionerdeleted text end, under oathnew text begin and accompanied by the
license fee required by section 326.86
new text end, on a form prescribed by the commissioner.
Within 30 business days of receiving all required information, the commissioner must
act on the license request. If one of the categories in the application does not apply, the
applicant mustnew text begin identify the category andnew text end state the reasonnew text begin the category does not applynew text end. The
commissioner may refuse to issue a license if the application is not complete or contains
unsatisfactory information.

Subd. 2.

Contents.

deleted text beginThedeleted text endnew text begin Eachnew text end application must include the following information
regarding the applicant:

(1) Minnesota workers' compensation insurance certificate;

(2) employment insurance account number;

(3) certificate of liability insurance;

(4) type of license requested;

(5) name deleted text beginanddeleted text endnew text begin, currentnew text end address deleted text beginof the applicant:deleted text endnew text begin, and telephone number where the
applicant resides;
new text end

deleted text begin (i)deleted text endnew text begin (6)new text end name and address of the applicant's qualifying person, if other than applicant;
and

deleted text begin (ii)deleted text endnew text begin (7)new text end if the applicant is a sole proprietorship, the name and address of the sole
proprietor; if the applicant is a partnership, the name and address of each partner; if the
applicant is a limited liability company, the name and address of each governor and
manager; if the applicant is a corporation, the name and address of each of the corporate
officers, directors, and all shareholders holding more than ten percent of the outstanding
stock in the corporation;

new text begin (8) name and address of the applicant's agent in this state authorized to receive
service of process, and a consent to service of process as required by section 326.93;
new text end

new text begin (9) current street address and telephone number where the business is physically
located;
new text end

deleted text begin (6)deleted text endnew text begin (10)new text end whether the applicant, any employee, or qualifying person has ever been
licensed in this or any other state and has had a professional or vocational licensenew text begin
reprimanded, censured, limited, conditioned,
new text end refused, suspended, or revoked, or has been
the subject of any administrative action;

deleted text begin (7)deleted text endnew text begin (11)new text end whether the applicant, qualifying person, or any of the applicant's corporate
or partnership directors, limited liability company governors, officers, limited or general
partners, managers, all shareholders holding more than ten percent of the share of the
corporation that have been issued, or all members holding more than ten percent of the
voting power of the membership interests that have been issued, has been convicted
of a crime that either related directly to the business for which the license is sought or
involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil
action involving fraud, misrepresentation,new text begin construction defect,new text end negligence, deleted text beginor deleted text endbreach
of contract, or conversionnew text begin of fundsnew text end within the ten years prior to the submission of the
application; or has had any government license or permit new text beginreprimanded, censured, limited,
conditioned,
new text endsuspendednew text begin,new text end or revoked as a result of an action brought by a federal, state, or
local governmental unit or agency in this or any other state;

deleted text begin (8)deleted text endnew text begin (12)new text end the applicant's and qualifying person's business history for the past five
years and whether the applicant, deleted text beginany deleted text endnew text begina managing new text endemployee, or qualifying person has ever
filed for bankruptcy or protection from creditors or has any unsatisfied judgments against
the applicant, employee, or qualifying person;

deleted text begin (9)deleted text endnew text begin (13)new text end where the applicant is a firm, partnership, sole proprietorship, limited
liability company, corporation, or association, whether there has been a sale or transfer of
the business or other change in ownership, control, or name in the last five years and the
details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated,
parent, or related entities, and whether each such entity, or its owners, officers, directors,
members or shareholders holding more than ten percent of the stock, or an employee has
ever taken or been subject to an action that is subject to clause deleted text begin(6), (7), or (8)deleted text endnew text begin (10), (11),
or (12)
new text end in the last ten years; and

deleted text begin (10)deleted text endnew text begin (14)new text end whether the qualifying person is the qualifying person for more than one
licensee.

For purposes of this subdivision, "applicant" includes employees who exercise
management or policy control over the residential contractingdeleted text begin and remodelingdeleted text endnew text begin, residential
remodeling, residential roofing, or manufactured home installation
new text end activities in the state
of Minnesota, including affiliates, partners, directors, governors, officers, limited or
general partners, managers, all shareholders holding more than ten percent of the shares
that have been issued, a shareholder holding more than ten percent of the voting power
of the shares that have been issued, or all members holding more than ten percent of the
membership interests that have been issued or more than ten percent of the voting power
of the membership interests that have been issued.

The commissioner may require further information as the commissioner deems
appropriate to administer the provisions and further the purposes of this chapter.

Subd. 3.

Examination.

(a) Each qualifying person must satisfactorily complete a
written examination for the type of license requested. The commissioner may establish
the examination qualifications, including related education experience and education, the
examination procedure, and the examination for each licensing group. The examination
must include at a minimum the following areas:

(1) appropriate knowledge of technical terms commonly used and the knowledge of
reference materials and code books to be used for technical information; and

(2) understanding of the general principles of business management and other
pertinent state laws.

(b) Each examination must be designed for the specified type of license requested.
deleted text begin The council shall advise the commissioner on the grading, monitoring, and updating of
examinations.
deleted text end

(c) deleted text beginA person'sdeleted text endnew text begin An individual'snew text end passing examination results expire two years from
the examination date. deleted text beginA persondeleted text endnew text begin An individualnew text end who passes the examination but does not
choose to apply to act as a qualifying person for a licensee within two years from the
examination date, must, upon application provide:

(1) passing examination results within two years from the date of application; or

(2) proof that the person has fulfilled the continuing education requirements in
section 326.87 in the manner required for a qualifying person of a licensee for each license
period after the expiration of the examination results.

deleted text begin Subd. 4. deleted text end

deleted text begin Competency skills. deleted text end

deleted text begin The commissioner shall, in consultation with the
council, determine the competency skills and installation knowledge required for the
licensing of specialty contractors.
deleted text end

Subd. 5.

Exemption.

A general retailer whose primary business is not being a
residential building contractor, new text beginresidential new text endremodeler, deleted text beginor specialty contractordeleted text endnew text begin residential
roofer, or manufactured home installer,
new text end and who has completed adeleted text begin comparabledeleted text end license
examinationnew text begin meeting or exceeding Minnesota's examination requirementsnew text end in another state
is exempt from deleted text beginsubdivisionsdeleted text endnew text begin subdivisionnew text end 3 deleted text beginand 4deleted text end and sections 326.87 and 326.88.

Subd. 6.

Additional licensing requirements.

As an alternative to denying an
application for licensure pursuant to section 326.91, subdivision 1, the commissioner
may, as a condition of licensure and based upon information received pursuant to
section 326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section 326.91,
subdivision 1
, clauses (1) to (9), impose additional insurance, bonding, reporting, record
keeping, and other requirements on the applicant as are reasonable to protect the public.

new text begin Subd. 7. new text end

new text begin License. new text end

new text begin A nonresident of Minnesota may be licensed as a residential
building contractor, residential remodeler, residential roofer, or manufactured home
installer upon compliance with all the provisions of sections 326.83 to 326.98.
new text end

Sec. 15.

Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:


Subdivision 1.

Local license prohibited.

Except as provided in sections 326.90,
subdivision 2
, deleted text beginand 326.991, deleted text enda political subdivision may not require a person licensed
under sections 326.83 to to also be licensed or pay a registration or other
fee related to licensure under any ordinance, law, rule, or regulation of the political
subdivision. This section does not prohibit charges for building permits or other charges
not directly related to licensure.

Sec. 16.

Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginCausedeleted text endnew text begin Groundsnew text end.

deleted text begin The commissioner may by order deny, suspend, or
revoke any license or may censure a licensee, and may impose a civil penalty as provided
for in section 45.027, subdivision 6, if the commissioner finds that the order is in the
public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or
other agent, owner, partner, director, governor, shareholder, member, officer, qualifying
person, or managing employee of the applicant or licensee or any person occupying a
similar status or performing similar functions:
deleted text end new text begin In addition to the grounds set forth in
section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
conditions on, or revoke a license or certificate of exemption, or may censure the person
holding the license or certificate of exemption, if the applicant, licensee, certificate of
exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of
exemption holder, or other agent owner has:
new text end

(1) has filed an application for deleted text begina licensedeleted text endnew text begin licensure or a certificate of exemptionnew text end
which is incomplete in any material respect or contains any statement which, in light
of the circumstances under which it is made, is false or misleading with respect to any
material fact;

(2) has engaged in a fraudulent, deceptive, or dishonest practice;

(3) is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of the
business;

(4) has failed to reasonably supervise employees, agents, subcontractors, or
salespersons, or has performed negligently or in breach of contract, so as to cause injury
or harm to the public;

(5) has violated or failed to comply with any provision of sections 326.83 to 326.98
deleted text begin ordeleted text endnew text begin,new text end any rule or order under sections 326.83 to 326.98new text begin or any other law, rule, or order related
to the duties and responsibilities entrusted to the commissioner
new text end;

deleted text begin (6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
deleted text end

deleted text begin (7)deleted text endnew text begin (6)new text end has been convicted of a violation of the State Building Code ordeleted text begin, in
jurisdictions that do not enforce the State Building Code,
deleted text end has refused tonew text begin comply with
a notice of violation or stop order issued by a certified building official, or in local
jurisdictions that have not adopted the State Building Code has refused to
new text end correct a
violation of the State Building Code when the violation has been deleted text begincertified deleted text endnew text begindocumented
or a notice of violation or stop order issued
new text endby a deleted text beginMinnesota licensed structural engineerdeleted text endnew text begin
certified building official has been received
new text end;

deleted text begin (8)deleted text endnew text begin (7)new text end has failed to use the proceeds of any payment made to the licensee for the
construction of, or any improvement to, residential real estate, as defined in section 326.83,
subdivision 17
, for the payment of labor, skill, material, and machinery contributed to the
construction or improvement, knowing that the cost of any labor performed, or skill,
material, or machinery furnished for the improvement remains unpaid;

deleted text begin (9)deleted text endnew text begin (8)new text end has not furnished to the person making payment either a valid lien waiver as to
any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
or a payment bond in the basic amount of the contract price for the improvement
conditioned for the prompt payment to any person or persons entitled to payment;

deleted text begin (10) has engaged in conduct which was the basis for a contractor's recovery fund
payment pursuant to section 326.975, which payment has not been reimbursed;
deleted text end new text begin (9) has
engaged in an act or practice that results in compensation to an aggrieved owner or lessee
from the contractor recovery fund pursuant to section 36B.825, unless:
new text end

new text begin (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
plus interest at the rate of 12 percent per year; and
new text end

new text begin (ii) the applicant or licensee has obtained a surety bond in the amount of at least
$40,000, issued by an insurer authorized to transact business in this state.
new text end

deleted text begin (11)deleted text endnew text begin (10)new text end has engaged in bad faith, unreasonable delays, or frivolous claims in
defense of a civil lawsuitnew text begin or arbitrationnew text end arising out of their activities as a licenseenew text begin or
certificate of exemption holder
new text end under this chapter;

deleted text begin (12)deleted text endnew text begin (11)new text end has had a judgment entered against them for failure to make payments to
employees deleted text beginordeleted text endnew text begin, new text endsubcontractors, new text beginor suppliers, that the licensee has failed to satisfy new text endand all
appeals of the judgment have been exhausted or the period for appeal has expired;

deleted text begin (13)deleted text endnew text begin (12)new text end if unlicensed, has obtained a building permit by the fraudulent use of a
fictitious license number or the license number of another, or, if licensed, has knowingly
allowed an unlicensed person to use the licensee's license number for the purpose of
fraudulently obtaining a building permit; ornew text begin has applied for or obtained a building permit
for an unlicensed person.
new text end

deleted text begin (14)deleted text endnew text begin (13)new text end has made use ofnew text begin anew text end forged deleted text beginmechanics'deleted text endnew text begin mechanic'snew text end lien deleted text beginwaiversdeleted text endnew text begin waivernew text end under
chapter 514deleted text begin.deleted text endnew text begin;
new text end

new text begin (14) has provided false, misleading or incomplete information to the commissioner
or has refused to allow a reasonable inspection of records or premises;
new text end

new text begin (15) has engaged in an act or practice whether or not the act or practice directly
involves the business for which the person is licensed, that demonstrates that the applicant
or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
unqualified to act under the license granted by the commissioner; or
new text end

new text begin (16) has failed to comply with requests for information, documents, or other requests
from the department within the time specified in the request or, if no time is specified,
within 30 days of the mailing of the request by the department.
new text end

Sec. 17.

Minnesota Statutes 2006, section 326.92, is amended to read:


326.92 PENALTIES.

deleted text begin Subdivision 1. deleted text end

deleted text begin Misdemeanor. deleted text end

deleted text begin A person required to be licensed under sections
to who performs unlicensed work is guilty of a misdemeanor.
deleted text end

Subd. 1a.

Gross misdemeanor.

deleted text beginA person required to be licensed under sections
326.84 to 326.991 who violates an order under subdivision 3
deleted text endnew text begin An individual who violates
an order of the commissioner or is the manager, officer, or director of a person who
violates an order issued by the commissioner
new text end is guilty of a gross misdemeanor.

Subd. 2.

Lien rights.

An unlicensed person who knowingly violates sections 326.83
to 326.98 has no right to claim a lien under section 514.01 and the lien is void. Nothing
in this section affects the lien rights of material suppliers and licensed contractors to the
extent provided by law.

deleted text begin Subd. 3. deleted text end

deleted text begin Commissioner action. deleted text end

deleted text begin The commissioner may bring actions, including
cease and desist actions, against any person licensed or required to be licensed under
sections to to protect the public health, safety, and welfare.
deleted text end

Sec. 18.

Minnesota Statutes 2006, section 326.921, is amended to read:


326.921 BUILDING PERMIT CONDITIONED ON LICENSUREnew text begin; NOTICE
OF PERMIT APPLICATION
new text end.

new text begin Subdivision 1. new text end

new text begin Building permit. new text end

A political subdivision shall not issue a building
permit to an unlicensed person who is required to be licensed under sections 326.83 to
. A political subdivision that issues zoning or land use permits in lieu of
a building permit shall not issue those permits to an unlicensed person who is required
to be licensed under sections 326.83 to . The political subdivision shall
report the person applying for the permit to the commissioner who may bring an action
against the person.

new text begin Subd. 2. new text end

new text begin Notice of building permit application. new text end

new text begin A political subdivision shall notify
the department when an application for building permit involving the construction of new
residential real estate has been received from an unlicensed person by submitting a copy
of the application to the department within two business days of receipt of the application.
The political subdivision may submit a copy of the building permit application by
facsimile, United States mail, or electronic communication.
new text end

Sec. 19.

Minnesota Statutes 2006, section 326.93, is amended to read:


326.93 SERVICE OF PROCESSdeleted text begin; NONRESIDENT LICENSINGdeleted text end.

deleted text begin Subdivision 1. deleted text end

deleted text begin License. deleted text end

deleted text begin A nonresident of Minnesota may be licensed as a residential
building contractor or residential remodeler upon compliance with all the provisions of
sections to .
deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Service of process. deleted text end

deleted text begin Service of process upon a person performing work in
the state of a type that would require a license under sections to may be
made as provided in section .
deleted text end

new text begin Subd. 3. new text end

new text begin Procedure. new text end

new text begin Every applicant for licensure or certificate of exemption
under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the
commissioner and successors in office to be the applicant's agent to receive service of any
lawful process in any noncriminal suit, action, or proceeding against the applicant or a
successor, executor, or administrator which arises under section 326.83 to 326.98 or any
rule or order thereunder after the consent has been filed, with the same force and validity
as if served personally on the person filing the consent. Service under this section shall be
made in compliance with subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Service on commissioner. new text end

new text begin (a) When a person, including any nonresident
of this state, engages in conduct prohibited or made actionable by sections 326.83 to
326.98, or any rule or order under those sections, and the person has not consented to
service of process under subdivision 3, that conduct is equivalent to an appointment of the
commissioner and successors in office as the person's agent to receive service of process in
any noncriminal suit, action, or proceeding against the person that is based on that conduct
and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
with the same force and validity as if served personally on the person consenting to the
appointment of the commissioner and successors in office. Service under this section shall
be made in compliance with subdivision 5.
new text end

new text begin (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
of this state, has filed a consent to service of process. This paragraph supersedes any
inconsistent provision of law.
new text end

new text begin (c) Subdivision 5 applies in all cases in which service of process is allowed to be
made on the commissioner.
new text end

new text begin (d) Subdivision 5 applies to any document served by the commissioner or the
department under section 326B.08.
new text end

new text begin Subd. 5. new text end

new text begin How made. new text end

new text begin Service of process under this section may be made by leaving
a copy of the process in the office of the commissioner, or by sending a copy of the process
to the commissioner by certified mail, and is not effective unless:
new text end

new text begin (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
by the commissioner, sends notice of the service and a copy of the process by certified
mail to the defendant or respondent at the last known address; and
new text end

new text begin (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
before the return day of the process, if any, or within further time as the court allows.
new text end

Sec. 20.

Minnesota Statutes 2006, section 326.94, is amended to read:


326.94 BOND; INSURANCE.

Subdivision 1.

Bond.

(a) Licensed manufactured home installers and licensednew text begin
residential
new text end roofers must post a deleted text beginlicensedeleted text endnew text begin suretynew text end bondnew text begin in the name of the licenseenew text end with the
commissioner, conditioned that the applicant shall faithfully perform the duties and
in all things comply with all laws, ordinances, and rules pertaining to the license or
permit applied for and all contracts entered into. The annual bond must be continuous
and maintained for so long as the licensee remains licensed. The aggregate liability of
the surety on the bond to any and all persons, regardless of the number of claims made
against the bond, may not exceed the amount of the bond. The bond may be canceled as
to future liability by the surety upon 30 days' written notice mailed to the commissioner
by regular mail.

(b) A licensednew text begin residentialnew text end roofer must post a bond of at least deleted text begin$5,000deleted text endnew text begin $15,000new text end.

new text begin (c) A licensed manufactured home installer must post a bond of at least $2,500.
new text end

new text begin Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for
purposes of sections 8.05 and 16C.05, subdivision 2.
new text end

Subd. 2.

Insurance.

Licensees must have public liability insurance with limits of at
least deleted text begin$100,000deleted text endnew text begin $300,000new text end per occurrence, which must include at least $10,000 property
damage coverage. The insurance must be written by an insurer licensed to do business in
this state. The commissioner may increase the minimum amount of insurance required
for any licensee or class of licensees if the commissioner considers it to be in the public
interest and necessary to protect the interests of Minnesota consumers.

Sec. 21.

Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:


Subd. 2.

Advertising.

The license number of a licensee must appear in any
advertising by that licensee including but not limited to signs, vehicles, business cards,
published display ads, flyers, deleted text beginand deleted text endbrochuresnew text begin, Web sites, and Internet adsnew text end.

Sec. 22.

Minnesota Statutes 2006, section 326.96, is amended to read:


326.96 PUBLIC EDUCATION.

The commissioner may develop materials and programs to educate the public
concerning deleted text beginlicensingdeleted text endnew text begin licensurenew text end requirements deleted text beginand methodsdeleted text endnew text begin. The commissioner must
develop materials
new text end for reporting unlicensed contracting activity.new text begin The commissioner shall
provide information in other languages.
new text end

Sec. 23.

Minnesota Statutes 2006, section 326.97, is amended to read:


326.97 LICENSE RENEWAL.

Subdivision 1.

Renewal.

deleted text beginLicenseesdeleted text endnew text begin A licenseenew text end whose deleted text beginapplications havedeleted text end new text begin fully
completed renewal application has
new text endbeen properly and timely filed and whodeleted text begin havedeleted text endnew text begin hasnew text end
not receivednew text begin anew text end notice of denial of renewaldeleted text begin aredeleted text endnew text begin isnew text end considered to have been approved for
renewal and may continue to transact business whether or not the renewed license has
been received. Applications are timely if received deleted text beginor postmarkeddeleted text end by March 1 of the
renewal year. Applications must be made on a form approved by the commissioner.new text begin
An application for renewal that does not contain all of the information requested is an
incomplete application and will not be processed.
new text end

Subd. 1a.

Annual renewal.

Any license issued or renewed after August 1, 1993,
must be renewed annually.

Subd. 2.

Failure to deleted text beginapplydeleted text endnew text begin renewnew text end.

A person who has failed to make a timely
application for renewal of a license deleted text beginby March 31 of the renewal year deleted text endis unlicensednew text begin at
11:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed
new text end untildeleted text begin
the
deleted text endnew text begin a renewednew text end license has been issued by the commissioner and is received by the applicant.

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin All licenses expire at 11:59:59 p.m. central time on March 31
of the renewal year if not properly renewed.
new text end

Sec. 24.

new text begin [326B.801] SCOPE.
new text end

new text begin Except as otherwise provided by law, the provisions of sections 326B.801 to
326B.825 apply to residential contractors, residential remodelers, residential roofers,
and manufactured home installers.
new text end

Sec. 25.

new text begin [326B.804] LICENSE RECIPROCITY.
new text end

new text begin The commissioner may issue a temporary license without examination, upon
payment of the required fee to nonresident applicants who are licensed in another state
having equivalent standards of practice to Minnesota if the other state grants similar
privileges to Minnesota licensed residents. Applicants receiving a temporary license
under this section may acquire a cumulative 24 months to apply and pass the licensing
examination.
new text end

Sec. 26.

new text begin [326B.809] WRITTEN CONTRACT REQUIRED.
new text end

new text begin (a) All agreements including proposals, estimates, bids, quotations, contracts,
purchase orders, and change orders between a licensee and a customer for the performance
of a licensee's services must be in writing and must contain the following:
new text end

new text begin (1) a detailed summary of the services to be performed;
new text end

new text begin (2) a description of the specific materials to be used or a list of standard features
to be included; and
new text end

new text begin (3) the total contract price or a description of the basis on which the price will
be calculated.
new text end

new text begin (b) All agreements shall be signed and dated by the licensee and customer.
new text end

new text begin (c) The licensee shall provide to the customer, at no charge, a signed and dated
document at the time that the licensee and customer sign and date the document.
Documents include agreements and mechanic's lien waivers.
new text end

Sec. 27.

new text begin [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
new text end

new text begin Chapter 364 does not apply to an applicant for a license or to a licensee where
the underlying conduct on which the conviction is based would be grounds for denial,
censure, suspension, or revocation of the license.
new text end

Sec. 28.

new text begin [326B.82] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Words, terms, and phrases. new text end

new text begin For the purposes of section 326.87,
the terms defined in this section have the meanings given them, unless the context clearly
indicates otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Appropriate and related knowledge. new text end

new text begin "Appropriate and related
knowledge" means facts, information, or principles that are clearly relevant to the licensee
in performing responsibilities under a license issued by the commissioner. These facts,
information, or principles must convey substantive and procedural knowledge as it relates
to postlicensing issues and must be relevant to the technical aspects of a particular area
of continuing education.
new text end

new text begin Subd. 3. new text end

new text begin Classroom hour. new text end

new text begin "Classroom hour" means a 50-minute hour.
new text end

new text begin Subd. 4. new text end

new text begin Coordinator. new text end

new text begin "Coordinator" means an individual who is responsible for
monitoring approved educational offerings.
new text end

new text begin Subd. 5. new text end

new text begin Instructor. new text end

new text begin "Instructor" means an individual lecturing in an approved
educational offering.
new text end

new text begin Subd. 6. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person licensed by the Minnesota
Department of Labor and Industry for whom an examination is required before licensure.
new text end

new text begin Subd. 7. new text end

new text begin Medical hardship. new text end

new text begin "Medical hardship" includes a documented physical
disability or medical condition.
new text end

new text begin Subd. 8. new text end

new text begin Overpayment. new text end

new text begin "Overpayment" means any payment of money in excess
of a statutory fee.
new text end

new text begin Subd. 9. new text end

new text begin Regulated industries. new text end

new text begin "Regulated industries" means residential
contracting, residential remodeling, or residential roofing. Each of these is a regulated
industry.
new text end

new text begin Subd. 10. new text end

new text begin Sponsor. new text end

new text begin "Sponsor" means any person or entity offering or providing
approved continuing education.
new text end

Sec. 29.

new text begin [326B.89] CONTRACTOR RECOVERY FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Gross annual receipts" means the total amount derived from residential
contracting or residential remodeling activities, regardless of where the activities are
performed, and must not be reduced by costs of goods sold, expenses, losses, or any
other amount.
new text end

new text begin (c) "Licensee" means a person licensed as a residential contractor or residential
remodeler.
new text end

new text begin (d) "Residential real estate" means a new or existing building constructed for
habitation by one to four families, and includes detached garages.
new text end

new text begin (e) "Fund" means the contractor recovery fund.
new text end

new text begin Subd. 2. new text end

new text begin Generally. new text end

new text begin The contractor recovery fund is created in the state treasury
and shall be administered by the commissioner for the purposes described in this section.
Any interest or profit accruing from investment of money in the fund shall be credited
to the contractor recovery fund.
new text end

new text begin Subd. 3. new text end

new text begin Fund fees. new text end

new text begin In addition to any other fees, a person who applies for or
renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
shall pay, in addition to the appropriate application or renewal fee, the following additional
fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
gross annual receipts for the person's most recent fiscal year preceding the application or
renewal, on the following scale:
new text end

new text begin Fee
new text end
new text begin Gross Annual Receipts
new text end
new text begin $160
new text end
new text begin under $1,000,000
new text end
new text begin $210
new text end
new text begin $1,000,000 to $5,000,000
new text end
new text begin $260
new text end
new text begin over $5,000,000
new text end

new text begin Subd. 4. new text end

new text begin Purpose of fund. new text end

new text begin The purpose of this fund is to:
new text end

new text begin (1) compensate owners or lessees of residential real estate who meet the requirements
of this section;
new text end

new text begin (2) reimburse the department for all legal and administrative expenses,
disbursements, and costs, including staffing costs, incurred in administering and defending
the fund;
new text end

new text begin (3) pay for educational or research projects in the field of residential contracting to
further the purposes of sections 326B.801 to 326B.825; and
new text end

new text begin (4) provide information to the public on residential contracting issues.
new text end

new text begin Subd. 5. new text end

new text begin Payment limitations. new text end

new text begin Except as otherwise provided in this section,
the commissioner shall not pay compensation from the fund to an owner or a lessee
in an amount greater than $75,000. Except as otherwise provided in this section, the
commissioner shall not pay compensation from the fund to owners and lessees in an
amount that totals more than $150,000 per licensee. The commissioner shall not pay
compensation from the fund for a final judgment based on a cause of action that arose
before the commissioner's receipt of the licensee's fee required by subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Verified application. new text end

new text begin To be eligible for compensation from the fund, an
owner or lessee shall serve on the commissioner a verified application for compensation
on a form approved by the commissioner. The application shall verify the following
information:
new text end

new text begin (1) the specific grounds upon which the owner or lessee seeks to recover from
the fund:
new text end

new text begin (2) that the owner or the lessee has obtained a final judgment in a court of competent
jurisdiction against a licensee licensed under section 326B.803;
new text end

new text begin (3) that the final judgment was obtained against the licensee on the grounds of
fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
that arose directly out of a transaction that occurred when the licensee was licensed and
performing any of the special skills enumerated under section 326B.802, subdivision 19;
new text end

new text begin (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
the owner's residential real estate, on residential real estate leased by the lessee, or on new
residential real estate that has never been occupied or that was occupied by the licensee
for less than one year prior to purchase by the owner;
new text end

new text begin (5) that the residential real estate is located in Minnesota;
new text end

new text begin (6) that the owner or the lessee is not the spouse of the licensee or the personal
representative of the licensee;
new text end

new text begin (7) the amount of the final judgment, any amount paid in satisfaction of the final
judgment, and the amount owing on the final judgment as of the date of the verified
application; and
new text end

new text begin (8) that the verified application is being served within two years after the judgment
became final.
new text end

new text begin The owner's and the lessee's actual and direct out-of-pocket loss shall not include
attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
the loss. An owner or lessee may serve a verified application regardless of whether the
final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
final if all proceedings on the judgment have either been pursued and concluded or been
forgone, including all reviews and appeals. For purposes of this section, owners who are
joint tenants or tenants in common are deemed to be a single owner. For purposes of this
section, owners and lessees eligible for payment of compensation from the fund shall not
include government agencies, political subdivisions, financial institutions, and any other
entity that purchases, guarantees, or insures a loan secured by real estate.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner review. new text end

new text begin The commissioner shall within 120 days after
receipt of the verified application:
new text end

new text begin (1) enter into an agreement with an owner or a lessee that resolves the verified
application for compensation from the fund; or
new text end

new text begin (2) issue an order to the owner or the lessee accepting, modifying, or denying the
verified application for compensation from the fund.
new text end

new text begin Upon receipt of an order issued under clause (2), the owner or the lessee shall have
30 days to serve upon the commissioner a written request for a hearing. If the owner or
the lessee does not serve upon the commissioner a timely written request for hearing, the
order issued under clause (2) shall become a final order of the commissioner that may not
be reviewed by any court or agency. The commissioner shall order compensation from
the fund only if the owner or the lessee has filed a verified application that complies with
subdivision 6 and if the commissioner determines based on review of the application that
compensation should be paid from the fund. The commissioner shall not be bound by any
prior settlement, compromise, or stipulation between the owner or the lessee and the
licensee.
new text end

new text begin Subd. 8. new text end

new text begin Administrative hearing. new text end

new text begin If an owner or a lessee timely serves a request
for hearing under subdivision 7, the commissioner shall request that an administrative law
judge be assigned and that a hearing be conducted under the contested case provisions
of chapter 14 within 30 days after the service of the request for hearing upon the
commissioner. Upon petition of the commissioner, the administrative law judge shall
continue the hearing up to 60 days and upon a showing of good cause may continue the
hearing for such additional period as the administrative law judge deems appropriate.
At the hearing the owner or the lessee shall have the burden of proving by substantial
evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
findings of fact, conclusions of law, and order. If the administrative law judge finds that
compensation should be paid to the owner or the lessee, the administrative law judge
shall order the commissioner to make payment from the fund of the amount it finds to be
payable pursuant to the provisions of and in accordance with the limitations contained in
this section. The order of the administrative law judge shall constitute the final decision of
the agency in the contested case. Judicial review of the administrative law judge's findings
of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
new text end

new text begin Subd. 9. new text end

new text begin Satisfaction of applications for compensation. new text end

new text begin The commissioner shall
pay compensation from the fund to an owner or a lessee pursuant to the terms of an
agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
of the fiscal year following the fiscal year during which the agreement was entered into or
during which the order became final, subject to the limitations of this section. At the end
of each fiscal year the commissioner shall calculate the amount of compensation to be
paid from the fund pursuant to agreements that have been entered into under subdivision
7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
subdivision 8. If the calculated amount exceeds the amount available for payment, then
the commissioner shall allocate the amount available among the owners and the lessees
in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
bears to the amount calculated. The commissioner shall mail notice of the allocation to
all owners and lessees not less than 45 days following the end of the fiscal year. Any
compensation paid by the commissioner in accordance with this subdivision shall be
deemed to satisfy and extinguish any right to compensation from the fund based upon the
verified application of the owner or lessee.
new text end

new text begin Subd. 10. new text end

new text begin Criminal penalty. new text end

new text begin It shall be unlawful for any person or the agent of any
person to knowingly file with the commissioner any application, notice, statement, or other
document required under the provisions of this section that is false or untrue or contains
any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
new text end

new text begin Subd. 11. new text end

new text begin Right of subrogation. new text end

new text begin If the commissioner pays compensation from the
fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
judgment in the amount of compensation paid from the fund and the owner or the lessee
shall assign to the commissioner all rights, title, and interest in the final judgment in
the amount of compensation paid. The commissioner shall deposit in the fund money
recovered under this subdivision.
new text end

new text begin Subd. 12. new text end

new text begin Effect of section on commissioner's authority. new text end

new text begin Nothing contained
in this section shall limit the authority of the commissioner to take disciplinary action
against a licensee under the provisions of this chapter. A licensee's repayment in full of
obligations to the fund shall not nullify or modify the effect of any other disciplinary
proceeding brought under the provisions of this chapter.
new text end

new text begin Subd. 13. new text end

new text begin Limitation. new text end

new text begin Nothing may obligate the fund to compensate:
new text end

new text begin (1) insurers or sureties under subrogation or similar theories; or
new text end

new text begin (2) owner of residential property for final judgments against a prior owner of the
residential property unless the claim is brought and judgment is rendered for breach of the
statutory warranty set forth in chapter 327A.
new text end

new text begin Subd. 14. new text end

new text begin Condominiums or townhouses. new text end

new text begin For purposes of this section, the owner
or the lessee of a condominium or townhouse is considered an owner or a lessee of
residential property regardless of the number of residential units per building.
new text end

new text begin Subd. 15. new text end

new text begin Accelerated compensation. new text end

new text begin Payments made from the fund to compensate
owners and lessees that do not exceed the jurisdiction limits for conciliation court matters
as specified in section 491A.01 may be paid on an accelerated basis if all of the following
requirements have been satisfied:
new text end

new text begin (a) The owner or the lessee has served upon the commissioner a verified application
for compensation that complies with the requirements set out in subdivision 6 and the
commissioner determines based on review of the application that compensation should be
paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
loss in the transaction, minus attorney fees, interest on the loss and on the judgment
obtained as a result of the loss, and any satisfaction of the judgment, and make payment
to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
after the owner or lessee serves the verified application.
new text end

new text begin (b) The commissioner may pay compensation to owners or lessees that totals not
more than $50,000 per licensee per fiscal year under this accelerated process. The
commissioner may prorate the amount of compensation paid to owners or lessees under
this subdivision if applications submitted by owners and lessees seek compensation in
excess of $50,000 against a licensee. Any unpaid portion of a verified application that
has been prorated under this subdivision shall be satisfied in the manner set forth in
subdivision 9.
new text end

new text begin Subd. 16. new text end

new text begin Appropriation. new text end

new text begin Money in the fund is appropriated to the commissioner
for the purposes of this section.
new text end

new text begin Subd. 17. new text end

new text begin Additional assessment. new text end

new text begin If the balance in the fund is at any time less than
the commissioner determines is necessary to carry out the purposes of this section, every
licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the
fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall
set the amount of assessment based on a reasonable determination of the amount that is
necessary to restore a balance in the fund adequate to carry out the purposes of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that
subdivisions 1 and 3 are effective July 1, 2007.
new text end

Sec. 30. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 325E.58
new text end
new text begin 326B.865
new text end
new text begin 326.83
new text end
new text begin 326B.802
new text end
new text begin 326.84
new text end
new text begin 326B.805
new text end
new text begin 326.841
new text end
new text begin 327B.041
new text end
new text begin 326.842
new text end
new text begin 326B.81
new text end
new text begin 326.86
new text end
new text begin 326B.815
new text end
new text begin 326.87
new text end
new text begin 326B.82
new text end
new text begin 326.88
new text end
new text begin 326B.825
new text end
new text begin 326.89
new text end
new text begin 326B.83
new text end
new text begin 326.90
new text end
new text begin 326B.835
new text end
new text begin 326.91
new text end
new text begin 326B.84
new text end
new text begin 326.92
new text end
new text begin 326B.845
new text end
new text begin 326.921
new text end
new text begin 326B.85
new text end
new text begin 326.93
new text end
new text begin 326B.855
new text end
new text begin 326.94
new text end
new text begin 326B.86
new text end
new text begin 326.95
new text end
new text begin 326B.87
new text end
new text begin 326.951
new text end
new text begin 326B.875
new text end
new text begin 326.96
new text end
new text begin 326B.88
new text end
new text begin 326.97
new text end
new text begin 326B.885
new text end

ARTICLE 9

BOILERS; PRESSURE VESSELS; BOATS

Section 1.

Minnesota Statutes 2006, section 183.38, is amended to read:


183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS;
LICENSES.

Subdivision 1.

All boilers inspected.

The deleted text beginDivision of Boiler Inspectiondeleted text endnew text begin
commissioner
new text end shall inspect all boilers and pressure vessels in use not expressly excepted
from such inspection by law. deleted text beginImmediatelydeleted text end Upon inspection the deleted text beginDivision of Boiler
Inspection
deleted text endnew text begin commissionernew text end shall issue a certificate of inspection therefor or a certificate
condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and
certificates shall be prepared and furnished by the commissioner. The deleted text beginDivision of Boiler
Inspection
deleted text endnew text begin commissionernew text end shall examine all applicants for engineer's licenses. The deleted text beginchief of
the Division of Boiler Inspection
deleted text endnew text begin commissionernew text end shall issue such license to an applicant as
the examination shall show the applicant is entitled to receive.

Subd. 2.

Inspector's examination.

For the purpose of examining applicants
for deleted text beginlicensedeleted text endnew text begin a National Board of Boiler and Pressure Vessel Inspectors commission,new text end the
deleted text begin chief of the Division of Boiler Inspection or the deputy chiefdeleted text endnew text begin commissionernew text end shall fix and
determine a time and place for the examinations, and give notice to all applicants of the
time and place. The deleted text beginchief or the deputy chiefdeleted text endnew text begin commissionernew text end shall grant and sign such
license certificates as applicants are entitled to receive upon examination. Applicants may
be examined and issued certificates of competency as inspectors of boilers and pressure
vessels.

Sec. 2.

Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:


Subdivision 1.

new text beginInspector new text endrequirements.

Each boiler inspector shall be deleted text begina person
of good moral character, shall be
deleted text end licensed in this state as a chief grade A engineer, and
must hold a national board commission as a boiler inspector within 12 months of being
employed as a boiler inspector by the department. An inspector shall not be interested in
the manufacture or sale of boilers or steam machinery or in any patented article required
or generally used in the construction of engines or boilers or their appurtenances.

Sec. 3.

Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:


Subd. 2.

Inspection.

When used for display and demonstration purposes, steam
farm traction engines, portable and stationary show engines and portable and stationary
show boilers shall be inspected every two years according to law.

(a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
in paragraph (b), before being certified for use in Minnesota.

(b) Standards for inspection of show boilers shall be those established by the
National Board Inspection Code ANSI/NB23 and by the rules adopted by the department
deleted text begin of Labor and Industry, Division of Boiler Inspection,deleted text end and as follows:

(1) the boiler shall be subjected to the appropriate method of nondestructive
examination, at the owner's expense, as deemed necessary by the boiler inspector to
determine soundness and safety of the boiler;

(2) the boiler shall be tested by ultrasonic examination for metal thickness (for
purposes of calculating the maximum allowable working pressure the thinnest reading
shall be used and a safety factor of six shall be used in calculating maximum allowable
working pressure on all non-ASME-code hobby and show boilers); and

(3) repairs and alterations made to show boilers must be made pursuant to section
183.466.

(c) Further each such object shall successfully complete an inspection of:

(1) the fusible plug;

(2) the safety valve, which must be of deleted text beginAmerican Society of Mechanical Engineers'deleted text endnew text begin
ASME
new text end approved design and set at the maximum allowable working pressure and sealed in
an appropriate manner not allowing tampering with the valve setting without destroying
the seal; and

(3) the boiler power piping.

Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
the jacket must be removed prior to inspection.

Sec. 4.

Minnesota Statutes 2006, section 183.42, is amended to read:


183.42 INSPECTION AND REGISTRATION.

Subdivision 1.

Inspection.

Every owner, lessee, or other person having charge of
boilers or pressure vessels subject to inspection under this chapter shall cause them to be
inspected by the deleted text beginDivision of Boiler Inspectiondeleted text endnew text begin departmentnew text end. new text beginExcept as provided in sections
183.411 and 183.45,
new text endboilers subject to inspection under this chapter must be inspected at
least annually and pressure vessels inspected at least every two years deleted text beginexcept as provided
under section 183.45
deleted text end. The commissioner shall assess a $250 penalty per applicable boiler
or pressure vessel for failure to have the inspection required by this section and may seal
the boiler or pressure vessel for refusal to allow an inspection as required by this section.

Subd. 2.

Registration.

Every owner, lessee, or other person having charge of
boilers or pressure vessels subject to inspection under this chapternew text begin, except hobby boilers
under section 183.411,
new text end shall register said objects with the deleted text beginDivision of Boiler Inspectiondeleted text endnew text begin
department
new text end. The registration shall be renewed annually and is applicable to each object
separately. The fee for registration of a boiler or pressure vessel shall be pursuant to
section 183.545, subdivision 10. The deleted text beginDivision of Boiler Inspectiondeleted text endnew text begin departmentnew text end may issue
a billing statement for each boiler and pressure vessel on record with the division, and
may determine a monthly schedule of billings to be followed for owners, lessees, or other
persons having charge of a boiler or pressure vessel subject to inspection under this chapter.

Subd. 3.

Certificate of registration.

The deleted text beginDivision of Boiler Inspectiondeleted text endnew text begin departmentnew text end
shall issue a certificate of registration that lists thenew text begin registerednew text end boilers and pressure vessels
at the location, expiration date of the certificate of registration, last inspection date of
eachnew text begin registerednew text end boiler and pressure vessel, and maximum allowable working pressure for
eachnew text begin registerednew text end boiler and pressure vessel. The commissioner may make an electronic
certificate of registration available to be printed by the owner, lessee, or other person
having charge of thenew text begin registerednew text end boiler or pressure vessel.

Sec. 5.

Minnesota Statutes 2006, section 183.45, is amended to read:


183.45 INSPECTION.

Subdivision 1.

Inspection requirements.

All boilers and steam generators must
be inspected by the deleted text beginDivision of Boiler Inspectiondeleted text endnew text begin departmentnew text end before they are used and
all boilers must be inspected at least once each year thereafter except as provided under
subdivision 2new text begin or section 183.411new text end. Inspectors may subject all boilers to hydrostatic pressure
or hammer test, and shall ascertain by a thorough internal and external examination
that they are well made and of good and suitable material; that the openings for the
passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of
proper dimensions and free from obstructions; that the flues are circular in form; that the
arrangements for delivering the feed water are such that the boilers cannot be injured
thereby; and that such boilers and their connections may be safely used without danger to
life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions,
sufficient in number, and properly arranged, and that the safety valves are so adjusted as
to allow no greater pressure in the boilers than the amount prescribed by the inspector's
certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate
the amount of water, and suitable gauges that will correctly record the pressure; and
that the fusible metals are properly inserted where required so as to fuse by the heat of
the furnace whenever the water in the boiler falls below its prescribed limit; and that
provisions are made for an ample supply of water to feed the boilers at all times; and that
means for blowing out are provided, so as to thoroughly remove the mud and sediment
from all parts when under pressure.

Subd. 2.

Qualifying boiler.

(a) "Qualifying boiler" means a boiler of 200,000
pounds per hour or more capacity which has an internal continuous water treatment
program approved by the department and which the deleted text beginchief boiler inspectordeleted text endnew text begin commissionernew text end
has determined to be in compliance with paragraph (c).

(b) A qualifying boiler must be inspected at least once every 24 months internally
and externally while not under pressure and at least once every 18 months externally
while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
to determine the safety of a boiler, the test must be conducted under the direction of the
owner, contractor, or user of the equipment under the supervision of an inspector.

(c) The owner of a qualifying boiler must keep accurate records showing the date
and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
physical laboratory analysis of samples of the boiler water taken at regular intervals of
not more than 48 hours of operation which adequately show the condition of the water,
and any elements or characteristics of the water capable of producing corrosion or other
deterioration of the boiler or its parts.

(d) If an inspector determines there are substantial deficiencies in equipment or in
boiler water treatment operating procedures, inspections of a qualifying boiler may be
required once every 12 months until the deleted text beginchief boiler inspectordeleted text endnew text begin commissionernew text end finds that the
substantial deficiencies have been corrected.

Sec. 6.

Minnesota Statutes 20064, section 183.46, is amended to read:


183.46 TESTS.

In subjecting both high and low pressure boilers and pressure vessels to the
hydrostatic test, and to determine the safe allowable working pressure, the inspector shall
use the latest approved formula of the deleted text beginAmerican Society of Mechanical Engineersdeleted text endnew text begin ASMEnew text end
Codenew text begin or National Board Inspection Code, as applicablenew text end.

Sec. 7.

Minnesota Statutes 2006, section 183.465, is amended to read:


183.465 STANDARDS OF INSPECTION.

The engineering standards of boilers and pressure vessels for use in this state shall
be that established by the current edition of deleted text beginthedeleted text endnew text begin and amendments to the ASME Code or the
National Board Inspection Code, as applicable, for
new text end construction, operation and care of,
in-service inspection and testing, and controls and safety devicesdeleted text begin codes of the American
Society of Mechanical Engineers and amendments thereto
deleted text endnew text begin,new text end and new text beginby new text endthe rulesdeleted text begin of the Division
of Boiler Inspection
deleted text end adopted by the department deleted text beginof Labor and Industrydeleted text end.

Sec. 8.

Minnesota Statutes 2006, section 183.466, is amended to read:


183.466 STANDARDS OF REPAIRS.

The rules for repair of boilers and pressure vessels for use in this state shall be those
established by the National Board of Boiler and Pressure Vessel Inspectors inspection
code and the rules deleted text beginof the Division of Boiler Inspectiondeleted text end adopted by the department deleted text beginof
Labor and Industry
deleted text end.

Sec. 9.

Minnesota Statutes 2006, section 183.48, is amended to read:


183.48 SPECIAL EXAMINATION.

deleted text begin At any time the inspector deems it necessary an examination shall be made of any
deleted text endnew text beginIf an inspector examines a new text endboiler or pressure vessel deleted text beginwhich there is reason to believe has
become
deleted text endnew text begin and determines that the boiler or pressure vessel isnew text end unsafe, deleted text beginanddeleted text endnew text begin the inspector shallnew text end
notify thedeleted text begin owners or operators thereofdeleted text endnew text begin owner or operatornew text end of any defect deleted text begintherein, and what
repairs are necessary
deleted text endnew text begin in that boiler or pressure vesselnew text end. Such boiler or pressure vessel
shall not thereafter be used until deleted text beginso repaireddeleted text endnew text begin the defect is correctednew text end. Boilers found to be
operated by unlicensed or improperly licensed persons shall not be used until the operators
are properly licensed. If circumstances warrant continued operation, approval may be
given for continuing operation for a specific period of time, not to exceed 30 days, at the
discretion of the boiler inspector.

Sec. 10.

Minnesota Statutes 2006, section 183.501, is amended to read:


183.501 LICENSE REQUIREMENT.

(a) No deleted text beginpersondeleted text endnew text begin individualnew text end shall be entrusted with the operation of or operate any
boiler, steam engine, or turbine who has not received a license of grade covering that
boiler, steam engine or turbine. The license shall be renewed annuallynew text begin, except as provided
in section 183.411
new text end. deleted text beginWhen a violation of this section occurs the Division of Boiler
Inspection may cause a complaint to be made for the prosecution of the offender and shall
be entitled to sue for and obtain injunctive relief in the district courts for such violations.
deleted text end

(b) For purposes of this chapter, "operation" shall not include monitoring of an
automatic boiler, either through on premises inspection of the boiler or by remote
electronic surveillance, provided that no operations are performed upon the boiler other
than emergency shut down in alarm situations.

new text begin (c) No individual under the influence of illegal drugs or alcohol shall be entrusted
with the operation of or shall operate any boiler, steam engine, or turbine, or shall be
entrusted with the monitoring of or shall monitor an automatic boiler.
new text end

Sec. 11.

Minnesota Statutes 2006, section 183.505, is amended to read:


183.505 APPLICATIONS FOR LICENSES.

The deleted text beginchief boiler inspectordeleted text endnew text begin commissionernew text end shall prepare blank applications on which
applications for deleted text beginengineers'deleted text end licenses shall be made deleted text beginunder oath of the applicantdeleted text end. These
blanks shall deleted text beginbe so formulated as todeleted text end elicit such information as is deleted text begindesirabledeleted text endnew text begin needednew text end to
deleted text begin enable the examiners to pass ondeleted text endnew text begin determine whether an applicant meetsnew text end the qualifications
deleted text begin of applicantsdeleted text endnew text begin required for the licensenew text end.

Sec. 12.

Minnesota Statutes 2006, section 183.51, is amended to read:


183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.

Subdivision 1.

Engineers, classes.

Engineers shall be divided into four classes:

(1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade
A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade
C. (4) Special engineers.

Subd. 2.

Applications.

Any deleted text beginpersondeleted text endnew text begin individualnew text end who desires an engineer's license
shall submit deleted text begina writtendeleted text endnew text begin annew text end applicationdeleted text begin, on blanks furnished by the commissioner or designeedeleted text endnew text begin
on a written or electronic form prescribed by the commissioner
new text end, at least 15 days before
the requested exam date. The application deleted text beginis valid fordeleted text endnew text begin permits the applicant to take the
examination on one occasion within
new text end one year from the date the commissioner deleted text beginor designee
received
deleted text endnew text begin receivesnew text end the application.

Subd. 2a.

Examinations.

Each applicant for a license must pass an examination
deleted text begin approveddeleted text endnew text begin developed and administerednew text end by the commissioner. The examinations shall be
of sufficient scope to establish the competency of the applicant to operate a boiler of the
applicable license class and grade.

Subd. 3.

High and low pressure boilers.

For the purposes of this section and
section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor
pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Subd. 4.

Chief engineer, Grade A.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure as
a chief engineer, Grade A, shall be at least 18 years of age and have experience which
verifies that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of boilers, steam engines, and turbines and
their appurtenances; and, before receiving a license, the applicant shall take and subscribe
an oath attesting to at least five years actual experience in operating such boilers, including
at least two years experience in operating such engines or turbines.

Subd. 5.

Chief engineer, Grade B.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure as a
chief engineer, Grade B, shall be at least 18 years of age and have habits and experience
which justify the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge of and be
responsible for the safe operation and maintenance of all classes of boilers and their
appurtenances; and, before receiving a license, the applicant shall take and subscribe an
oath attesting to at least five years actual experience in operating those boilers.

Subd. 6.

Chief engineer, Grade C.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure as a
chief engineer, Grade C, shall be at least 18 years of age and have habits and experience
which justify the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of low pressure
boilers and their appurtenances, and before receiving a license, the applicant shall take
and subscribe an oath attesting to at least five years of actual experience in operating
such boilers.

Subd. 7.

First-class engineer, Grade A.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure
as a first-class engineer, Grade A, shall be at least 18 years of age and have experience
which verifies that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge of and be responsible
for the safe operation and maintenance of all classes of boilers, engines, and turbines and
their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a
plant of unlimited horsepower. Before receiving a license, the applicant shall take and
subscribe an oath attesting to at least three years actual experience in operating such
boilers, including at least two years experience in operating such engines or turbines.

Subd. 8.

First-class engineer, Grade B.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure
as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
experience which justify the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge
of and be responsible for the safe operation and maintenance of all classes of boilers of
not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited
horsepower. Before receiving a license the applicant shall take and subscribe an oath
attesting to at least three years actual experience in operating such boilers.

Subd. 9.

First-class engineer, Grade C.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure
as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
experience which justify the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge
of and be responsible for the safe operation and maintenance of all classes of low pressure
boilers and their appurtenances of not more than 300 horsepower or to operate as a shift
engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
applicant shall take and subscribe an oath attesting to at least three years actual experience
in operating such boilers.

Subd. 10.

Second-class engineer, Grade A.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking
licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have
experience which verifies that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of boilers, engines,
and turbines and their appurtenances of not more than 100 horsepower or to operate
as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift
engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving
a license the applicant shall take and subscribe an oath attesting to at least one year of
actual experience in operating such boilers, including at least one year of experience in
operating such engines or turbines.

Subd. 11.

Second-class engineer, Grade B.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking
licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have
habits and experience which justify the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to
take charge of and be responsible for the safe operation and maintenance of all classes of
boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not
more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant
of unlimited horsepower. Before receiving a license the applicant shall take and subscribe
an oath attesting to at least one year of actual experience in operating such boilers.

Subd. 12.

Second-class engineer, Grade C.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking
licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have
habits and experience which justify the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to
take charge of and be responsible for the safe operation and maintenance of all classes
of low pressure boilers and their appurtenances of not more than 100 horsepower or to
operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or
to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited
horsepower. Before receiving a license, the applicant shall take and subscribe an oath
attesting to at least one year of actual experience in operating such boilers.

Subd. 13.

Special engineer.

deleted text beginA persondeleted text endnew text begin An individualnew text end seeking licensure as a special
engineer shall be at least 18 years of age and have habits and experience which justify
the belief that the deleted text beginpersondeleted text endnew text begin individualnew text end is competent to take charge of and be responsible for
the safe operation and maintenance of all classes of boilers and their appurtenances of
not more than 30 horsepower or to operate as a shift engineer in a plant of not more than
100 horsepower, or to serve as an apprentice in any plant under the direct supervision of
the properly licensed engineer.

Subd. 14.

Current boiler operators.

Any deleted text beginpersondeleted text endnew text begin individualnew text end operating a boiler other
than a steam boiler on new text beginor before new text endApril 15, 1982 shall be qualified for application for the
applicable class license upon presentation of an affidavit furnished by an inspector and
sworn to by the deleted text beginperson'sdeleted text endnew text begin individual'snew text end employer or a chief engineer. The applicant must
have at least the number of years of actual experience specified for the class of license
requested and pass the appropriate examination.

Subd. 15.

Rating horsepower.

For the purpose of rating boiler horsepower for
engineer license classifications only: ten square feet of heating surface shall be considered
equivalent to one boiler horsepower for conventional boilers and five square feet of
heating surface equivalent to one boiler horsepower for steam coil type generators.

Sec. 13.

Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginSafetydeleted text endnew text begin Inspectionnew text end certificate.

After examination and testsdeleted text begin, if a boiler
inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall
deliver to the chief boiler inspector a verified certificate in such form as prescribed by
the chief boiler inspector containing a specification of the tests applied and the working
pressure allowed. A copy of the certificate is delivered to the owner of the boiler or
pressure vessel, who shall place and retain the same in a conspicuous place on or near
the boiler or pressure vessel.
deleted text endnew text begin of the boiler or pressure vessel being inspected, the boiler
inspector shall document the condition of the boiler or pressure vessel as required by the
commissioner. The inspector shall issue an inspection certificate, as prescribed by the
commissioner, to the owner or operator for the inspected boilers and pressure vessels
found to be safe and suitable for use. The inspector shall immediately notify the owner or
operator of any deficiencies found on the boilers and pressure vessels during the inspection
on a form prescribed by the commissioner.
new text end

Sec. 14.

Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:


Subd. 3.

Failure to pay fee.

If the owner or lessee of any boiler or pressure vessel,
which boiler or pressure vessel has been duly inspected, refuses to pay the required fee
within 30 days from the date of the deleted text begininspectiondeleted text endnew text begin invoicenew text end, the deleted text beginchief boiler inspector, or
deputy,
deleted text endnew text begin departmentnew text end may seal the boiler or pressure vessel until the fee is paid.

Sec. 15.

Minnesota Statutes 2006, section 183.545, subdivision 2, is amended to read:


Subd. 2.

Fee amounts; master's.

The license and application fee for a master's
license is deleted text begin$50deleted text endnew text begin $45new text end, or deleted text begin$20deleted text endnew text begin $15new text end if the applicant possesses a valid, unlimited, current United
States Coast Guard master's license. The annual renewal of a master's license is deleted text begin$20deleted text endnew text begin $15new text end.
The annual renewal if paid later than 30 days after expiration is deleted text begin$35deleted text endnew text begin $30new text end. The fee for
replacement of a current, valid license is deleted text begin$20deleted text endnew text begin $15new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 16.

Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:


Subd. 4.

Boiler engineer license fees.

For the following licenses, the nonrefundable
license and application fee is:

(1) chief engineer's license, deleted text begin$50deleted text endnew text begin $45new text end;

(2) first class engineer's license, deleted text begin$50deleted text endnew text begin $45new text end;

(3) second class engineer's license, deleted text begin$50deleted text endnew text begin $45new text end;

(4) special engineer's license, deleted text begin$20deleted text endnew text begin $15new text end; and

(5) traction or hobby boiler engineer's license, deleted text begin$50deleted text endnew text begin $45new text end.

An engineer's license may be renewed upon application and payment of an annual
renewal fee of deleted text begin$20deleted text endnew text begin $15new text end. The annual renewal, if paid later than 30 days after expiration, is
deleted text begin $35deleted text endnew text begin $30new text end. The fee for replacement of a current, valid license is deleted text begin$20deleted text endnew text begin $15new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 17.

Minnesota Statutes 2006, section 183.545, subdivision 8, is amended to read:


Subd. 8.

Certificate of competency.

The fee for issuance of the original state of
Minnesota certificate of competency for inspectors is deleted text begin$50deleted text endnew text begin $45new text end. This fee is waived for
inspectors who paid the examination fee. The fee for an annual renewal of the state of
Minnesota certificate of competency is deleted text begin$35deleted text endnew text begin $30new text end, and is due January 1 of each year. The
fee for replacement of a current, valid license is deleted text begin$35deleted text endnew text begin $30new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 18.

Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Late fee. new text end

new text begin The commissioner may assess a late fee of up to $100 for
each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date
stated on the invoice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 19.

Minnesota Statutes 2006, section 183.56, is amended to read:


183.56 EXCEPTIONS.

The provisions of sections 183.38 to 183.62, shall not apply to:

(1) boilers in buildings occupied solely for residence purposes with accommodations
for not more than five families;

(2) railroad locomotives operated by railroad companies for transportation purposes;

(3) air tanks installed on the right-of-way of railroads and used directly in the
operation of trains;

(4) boilers and pressure vessels under the direct jurisdiction of the United States;

(5) unfired pressure vessels having an internal or external working pressure not
exceeding 15 p.s.i.g. with no limit on size;

(6) pressure vessels used for storage of compressed air not exceeding five cubic feet
in volume and equipped with an deleted text beginAmerican Society of Mechanical Engineers deleted text endnew text beginASME new text endcode
stamped safety valve set at a maximum of 100 p.s.i.g.;

(7) pressure vessels having an inside diameter not exceeding six inches;

(8) every vessel that contains water under pressure, including those containing air
that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
whose design temperature does not exceed 210 degrees Fahrenheit;

(9) boiler or pressure vessels located on farms used solely for agricultural or
horticultural purposes; for purposes of this section, boilers used for mint oil extraction
are considered used for agricultural or horticultural purposes, provided that the owner or
lessee complies with the inspection requirements contained in section 183.42;

(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;

(11) unfired pressure vessels in petroleum refineries;

(12) an air tank or pressure vessel which is an integral part of a passenger motor
bus, truck, or trailer;

(13) hot water heating and other hot liquid boilers not exceeding a heat input of
750,000 BTU per hour;

(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
120 gallons, or a pressure of 160 p.s.i.g.;

(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;

(16) pressure vessels operated full of water or other liquid not materially more
hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees
Fahrenheit or a pressure of 200 p.s.i.g.;

(17) steam powered turbines at paper-making facilities which are powered by steam
generated by municipal steam district facilities at a remote location; and

(18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
or antique motor vehicles constructed or maintained only as a hobby for exhibition,
educational or historical purposes and not for commercial use, if the boilers have an
inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
equipped with an deleted text beginAmerican Society of Mechanical Engineersdeleted text endnew text begin ASMEnew text end stamped safety valve
of adequate size, a water level indicator, and a pressure gauge.

An engineer's license is not required for hot water supply boilers.

An engineer's license is not required for boilers, steam cookers, steam kettles, steam
sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
kilowatt, 2-1/2 horsepower deleted text beginordeleted text endnew text begin andnew text end a pressure of 15 p.s.i.g.

Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum
of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
shall not require an engineer license to operate.

Sec. 20.

Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:


Subdivision 1.

Report required.

Any insurance company insuring boilers and
pressure vessels in this state shall file a report showing thenew text begin most recentnew text end date of inspection,
the name of the deleted text beginpersondeleted text endnew text begin individualnew text end making the inspection, the condition of the boiler
or pressure vessel as disclosed by the inspection, whether the boiler was operated by
a properly licensed engineer, whether a policy of insurance has been issued by the
company with reference to the boiler or pressure vessel, and other information as directed
by the deleted text beginchief boiler inspectordeleted text endnew text begin commissionernew text end. Within 21 days after the inspection, the
insurance company shall file the report with the chief boiler inspector or designeenew text begin and
the commissioner
new text end. The insurer shall provide a copy of the report to the persondeleted text begin, firm, or
corporation
deleted text end owning or operating the inspected boiler or pressure vessel. Such report shall
be made annually for boilers and biennially for pressure vessels.

Sec. 21.

Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:


Subd. 2.

Exemption.

Every boiler or pressure vessel as to which any insurance
company authorized to do business in this state has issued a policy of insurance, after the
inspection thereof, is exempt from inspection by the department made under sections
183.375 to 183.62, while the same continues to be insured and provided it continues
to be inspected in accordance with the inspection schedule set forth in sections 183.42
and 183.45, and the persondeleted text begin, firm, or corporationdeleted text end owning or operating the same has an
unexpired certificate of registration.

Sec. 22.

Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:


Subd. 5.

Notice of insurance coverage.

The insurer shall notify the commissioner
deleted text begin or designeedeleted text end in writing of its policy to insure and inspect boilers and pressure vessels at a
location within 30 days of receipt of notification from the insured that a boiler or pressure
vessel is present at an insured location. The insurer must also provide a duplicate of the
notification to the insured.

Sec. 23.

Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:


Subd. 6.

Notice of discontinued coverage.

The insurer shall notify the
commissioner deleted text beginor designeedeleted text end in writing, within 30 days of the effective date, of the
discontinuation of insurance coverage of the boilers and pressure vessels at a location
and the cause or reason for the discontinuation if the insurer has received notice from
the insured that a boiler or pressure vessel is present at an insured location, as provided
under subdivision 5. This notice shall show the effective date when the discontinued
policy takes effect.

Sec. 24.

Minnesota Statutes 2006, section 183.59, is amended to read:


183.59 VIOLATIONS BY INSPECTORS.

Every inspector who willfully certifies falsely regarding any boiler or its attachments,
or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
to any deleted text beginpersondeleted text endnew text begin individualnew text end to act as engineerdeleted text begin,deleted text endnew text begin ornew text end masterdeleted text begin, or pilotdeleted text end contrary to any provision of
sections 183.375 to 183.62, is guilty of a misdemeanor. In addition to this punishment the
inspector shall be removed from office forthwith.

Sec. 25.

Minnesota Statutes 2006, section 183.60, is amended to read:


183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.

Subdivision 1.

Construction violation.

deleted text beginEverydeleted text endnew text begin Nonew text end person deleted text beginwho constructsdeleted text endnew text begin shall
construct
new text end a boiler, boiler piping, or pressure vessel so as not to meet the minimum
construction requirements of the deleted text beginAmerican Society of Mechanical Engineersdeleted text endnew text begin ASMEnew text end boiler
and pressure vessel code, and the rules of the deleted text beginDivision of Boiler Inspection adopted by the
deleted text end department deleted text beginof Labor and Industry is guilty of a gross misdemeanordeleted text end.

Subd. 2.

Repair violation.

deleted text beginEverydeleted text endnew text begin Nonew text end person deleted text beginwho repairsdeleted text end a boiler or pressure vessel
by welding or riveting so as not to meet the minimum requirements established by the
current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
code and the rules of the deleted text beginDivision of Boiler Inspection adopted by thedeleted text end department deleted text beginof Labor
and Industry is guilty of a gross misdemeanor
deleted text end.

Subd. 3.

Sale violation.

deleted text beginEverydeleted text endnew text begin Nonew text end manufacturer, jobber, dealer, or new text beginother new text endperson
deleted text begin selling or offeringdeleted text end new text beginshall sell or offer new text endfor sale a boiler or pressure vessel that does not meet
the minimum construction requirements of the deleted text beginAmerican Society of Mechanical Engineersdeleted text endnew text begin
ASME
new text end boiler and pressure vessel code and the rules of the deleted text beginDivision of Boiler Inspection
adopted by the
deleted text end department deleted text beginof Labor and Industry is guilty of a gross misdemeanordeleted text end.

Sec. 26.

Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:


Subd. 2.

Inspection violation.

deleted text beginAnydeleted text endnew text begin Nonew text end person deleted text beginwho causesdeleted text endnew text begin shall causenew text end to be
operateddeleted text begin,deleted text end or deleted text beginoperatesdeleted text endnew text begin shall operatenew text enddeleted text begin,deleted text end any boiler or boat without having the same inspected
at least once each yearnew text begin,new text end or pressure vesselnew text begin, steam farm traction engine, portable or
stationary show engine, or portable or stationary show boiler
new text end without having it inspected
biennially, deleted text beginanddeleted text endnew text begin ornew text end without having the proper engineer or deleted text beginpilotdeleted text endnew text begin masternew text end license deleted text beginis guilty
of a misdemeanor
deleted text end.

Sec. 27.

Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:


Subd. 4.

Failure to repair.

deleted text beginEvery person operating or causing to be operateddeleted text endnew text begin Afternew text end
any boiler or pressure vessel deleted text beginafter itdeleted text end has been examined and found to be unsafe and after the
owner or operator deleted text beginthereofdeleted text endnew text begin of the boiler or pressure vesselnew text end has been notified of any defect
deleted text begin therein and what repairs are necessary to remedy the defect who fails to comply with the
inspector's requirements is guilty of a misdemeanor
deleted text endnew text begin in it, no person shall operate the boiler
or pressure vessel or cause it to be operated unless and until the defect has been corrected
new text end.

Sec. 28.

new text begin [326B.93] INSPECTION PERSONNEL.
new text end

new text begin Subdivision 1. new text end

new text begin Inspectors. new text end

new text begin The department may employ such inspectors and other
persons as are necessary to efficiently perform the duties and exercise the powers imposed
upon the department.
new text end

new text begin Subd. 2. new text end

new text begin Chief boiler inspector. new text end

new text begin The commissioner shall appoint a chief boiler
inspector who, under the direction and supervision of the commissioner, shall administer
this chapter and the rules adopted under this chapter. The chief boiler inspector must:
new text end

new text begin (1) be licensed as a chief Grade A engineer; and
new text end

new text begin (2) possess a current commission issued by the National Board of Boiler and
Pressure Vessel Inspectors.
new text end

new text begin The chief boiler inspector shall be the state of Minnesota representative on the National
Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority
of the rules adopted under this chapter, and shall perform other duties in administering this
chapter and the rules adopted under this chapter as assigned by the commissioner. Any
adverse ruling by the commissioner must be presented to an administrative law judge.
new text end

Sec. 29.

new text begin [326B.94] BOATS; MASTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Boat. new text end

new text begin "Boat" means any vessel navigating inland waters of the state
that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet
or more in length.
new text end

new text begin Subd. 2. new text end

new text begin Number of passengers. new text end

new text begin The department shall designate the number of
passengers that each boat may safely carry, and no such boat shall carry a greater number
than is allowed by the inspector's certificate.
new text end

new text begin Subd. 3. new text end

new text begin Annual permit. new text end

new text begin The commissioner shall issue an annual permit to a boat
for the purpose of carrying passengers for hire on the inland waters of the state provided
the boat satisfies the inspection requirements of this section. A boat subject to inspection
under this chapter shall be registered with the department and shall be inspected before a
permit may be issued. No person shall operate a boat or cause a boat to be operated for the
purpose of carrying passengers for hire on the inland waters of the state without a valid
annual permit issued under this section.
new text end

new text begin Subd. 4. new text end

new text begin Examinations, licensing. new text end

new text begin The commissioner shall develop and administer
an examination for all masters of boats carrying passengers for hire on the inland waters of
the state as to their qualifications and fitness. If found qualified and competent to perform
their duties as a master of a boat carrying passengers for hire, they shall be issued a license
authorizing them to act as such on the inland waters of the state. The license shall be
renewed annually. Fees for the original issue and renewal of the license authorized under
this section shall be pursuant to section 183.545, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Rules. new text end

new text begin (a) The department shall prescribe rules for the inspection of the
hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
and lifesaving equipment of all power boats navigating the inland waters of the state,
which shall conform to the requirements and specifications of the United States Coast
Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable
inland waters; these rules shall have the force of law.
new text end

new text begin (b) The commissioner shall make such rules for inspection and operation of boats
subject to inspection under this chapter, the licensing of masters, and the navigation of any
such boat as will require its operation without danger to life or property.
new text end

new text begin Subd. 6. new text end

new text begin Drugs, alcohol. new text end

new text begin No master shall be under the influence of illegal drugs
or alcohol when on duty.
new text end

Sec. 30. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 183.38
new text end
new text begin 326B.952
new text end
new text begin 183.39
new text end
new text begin 326B.954
new text end
new text begin 183.411
new text end
new text begin 326B.956
new text end
new text begin 183.42
new text end
new text begin 326B.958
new text end
new text begin 183.45
new text end
new text begin 326B.96
new text end
new text begin 183.46
new text end
new text begin 326B.962
new text end
new text begin 183.465
new text end
new text begin 326B.964
new text end
new text begin 183.466
new text end
new text begin 326B.966
new text end
new text begin 183.48
new text end
new text begin 326B.968
new text end
new text begin 183.50
new text end
new text begin 326B.97
new text end
new text begin 183.501
new text end
new text begin 326B.972
new text end
new text begin 183.502
new text end
new text begin 326B.974
new text end
new text begin 183.505
new text end
new text begin 326B.976
new text end
new text begin 183.51
new text end
new text begin 326B.978
new text end
new text begin 183.53
new text end
new text begin 326B.98
new text end
new text begin 183.54
new text end
new text begin 326B.982
new text end
new text begin 183.545
new text end
new text begin 326B.986
new text end
new text begin 183.56
new text end
new text begin 326B.988
new text end
new text begin 183.57
new text end
new text begin 326B.99
new text end
new text begin 183.59
new text end
new text begin 326B.992
new text end
new text begin 183.60
new text end
new text begin 326B.994
new text end
new text begin 183.61
new text end
new text begin 326B.996
new text end
new text begin 183.62
new text end
new text begin 326B.998
new text end

ARTICLE 10

HIGH PRESSURE PIPING

Section 1.

Minnesota Statutes 2006, section 326.46, is amended to read:


326.46 deleted text beginSUPERVISION OFdeleted text end new text beginDEPARTMENT TO SUPERVISEnew text end HIGH
PRESSURE PIPING.

The department deleted text beginof Labor and Industrydeleted text end shall supervise all high pressure piping used
on all projects in this state, and may prescribe minimum standards which shall be uniform.

The department shall employ inspectors and other assistants to carry out the
provisions of sections 326.46 to 326.52.

Sec. 2.

Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Contracting high pressure pipefitter. new text end

new text begin "Contracting high pressure
pipefitter" means an individual, such as a steamfitter, engaged in the planning,
superintending, and practical installation of high pressure piping and appurtenances, and
otherwise lawfully qualified to construct high pressure piping installations and make
replacements to existing plants, who is also qualified to conduct the business of high
pressure piping installations and who is familiar with the laws, rules, and minimum
standards governing them.
new text end

Sec. 3.

Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin High pressure steam. new text end

new text begin "High pressure steam" means a pressure in excess
of 15 pounds per square inch.
new text end

Sec. 4.

Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Journeyman high pressure pipefitter. new text end

new text begin "Journeyman high pressure
pipefitter" means an individual, such as a steamfitter, who is not a contracting high
pressure pipefitter and who is engaged in the practical installation of high pressure piping
and appurtenances in the employ of a contracting high pressure pipefitter.
new text end

Sec. 5.

Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Pipefitter apprentice. new text end

new text begin A "pipefitter apprentice" is an individual, other than
a contracting pipefitter, journeyman pipefitter, or pipefitter apprentice, who as a principal
occupation is in the employ of a high pressure piping business license holder and is
engaged in pipefitter work to learn and assist in the practical construction and installation
of high pressure piping and appurtenances. For purposes of this subdivision, a "pipefitter
apprentice" is an individual employed in the trade of the practical construction and
installation of high pressure piping and appurtenances under an apprenticeship agreement
approved by the department under Minnesota Rules, part 5200.0300.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 6.

Minnesota Statutes 2006, section 326.47, is amended to read:


326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.

Subdivision 1.

Required permit.

No persondeleted text begin, firm, or corporationdeleted text end shall construct or
install high pressure piping systems without first filing an application for a permit with the
department deleted text beginof Labor and Industrydeleted text end or a municipality that has complied with subdivision 2.
deleted text begin Projects under construction prior to August 1, 1984, are not required to obtain a permit.
deleted text end

Subd. 2.

Permissive municipal regulation.

deleted text begin A municipality may, by ordinance,
provide for the inspection of high pressure piping system materials and construction, and
provide that it shall not be constructed or installed except in accordance with minimum
state standards. The authority designated by the ordinance for issuing high pressure piping
permits and assuring compliance with state standards must report to the Department of
Labor and Industry all violations of state high pressure piping standards.
deleted text end

deleted text begin A municipality may not adopt an ordinance with high pressure piping standards
that does not conform to the uniform standards prescribed by the Department of Labor
and Industry. The Department of Labor and Industry shall specify by rule the minimum
qualifications for municipal inspectors.
deleted text end new text begin The commissioner may enter into an agreement
with a municipality, in which the municipality agrees to perform inspections and issue
permits for the construction and installation of high pressure piping systems within the
municipality's geographical area of jurisdiction, if:
new text end

new text begin (a) The municipality has adopted:
new text end

new text begin (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
5230.6200;
new text end

new text begin (2) an ordinance that authorizes the municipality to issue permits to persons holding
a high pressure piping business license issued by the department and only for construction
or installation that would, if performed properly, fully comply with all Minnesota Statutes
and Minnesota Rules;
new text end

new text begin (3) an ordinance that authorizes the municipality to perform the inspections that are
required under Minnesota Statutes or Minnesota Rules of the construction and installation
of high pressure piping systems; and
new text end

new text begin (4) an ordinance that authorizes the municipality to enforce the code for power
piping systems in its entirety.
new text end

new text begin (b) The municipality agrees to issue permits only to persons holding a high pressure
piping business license as required by law at the time of the permit issuance, and only for
construction or installation that would, if performed properly, comply with all Minnesota
Statutes and Minnesota Rules governing the construction or installation of high pressure
piping systems.
new text end

new text begin (c) The municipality agrees to issue permits only on forms approved by the
department.
new text end

new text begin (d) The municipality agrees that, for each permit issued by the municipality, the
municipality shall perform one or more inspections of the construction or installation to
determine whether the construction or installation complies with all Minnesota Statutes
and Minnesota Rules governing the construction or installation of high pressure piping
systems, and shall prepare a written report of each inspection.
new text end

new text begin (e) The municipality agrees to notify the commissioner within 24 hours after the
municipality discovers any violation of the licensing laws related to high pressure piping.
new text end

new text begin (f) The municipality agrees to notify the commissioner immediately if the
municipality discovers that any entity has failed to meet a deadline set by the municipality
for correction of a violation of the high pressure piping laws.
new text end

new text begin (g) The commissioner determines that the individuals who will conduct the
inspections for the municipality do not have any conflict of interest in conducting the
inspections.
new text end

new text begin (h) Individuals who will conduct the inspections for the municipality are permanent
employees of the municipality and are licensed contracting high pressure pipefitters or
licensed journeyman high pressure pipefitters.
new text end

new text begin (i) The municipality agrees to notify the commissioner within ten days of any
changes in the names or qualifications of the individuals who conduct the inspections
for the municipality.
new text end

new text begin (j) The municipality agrees to enforce in its entirety the code for power piping
systems on all projects.
new text end

new text begin (k) The municipality shall not approve any piping installation unless the installation
conforms to all applicable provisions of the high pressure piping laws in effect at the
time of the installation.
new text end

new text begin (l) The municipality agrees to promptly require compliance or revoke a permit that
it has issued if there is noncompliance with any of the applicable provisions of the high
pressure piping laws in connection with the work covered by the permit. The municipality
agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
violated.
new text end

new text begin (m) The municipality agrees to keep official records of all documents received,
including permit applications, and of all permits issued, reports of inspections, and notices
issued in connection with inspections.
new text end

new text begin (n) The municipality agrees to maintain the records described in paragraph (m) in
the official records of the municipality for the period required for the retention of public
records under section 138.17, and shall make these records readily available for review
according to section 13.37.
new text end

new text begin (o) Not later than the tenth day of each month, the municipality shall submit to the
commissioner a report of all high pressure piping permits issued by the municipality during
the preceding month. This report shall be in a format approved by the commissioner
and shall include:
new text end

new text begin (1) the name of the contractor;
new text end

new text begin (2) the license number of the contractor's license issued by the commissioner;
new text end

new text begin (3) the permit number;
new text end

new text begin (4) the address of the job;
new text end

new text begin (5) the date the permit was issued;
new text end

new text begin (6) a brief description of the work; and
new text end

new text begin (7) the amount of the inspection fee.
new text end

new text begin (p) Not later than the 31st day of January of each year, the municipality shall submit
a summary report to the commissioner identifying the status of each high pressure piping
project for which the municipality issued a permit during the preceding year, and the
status of high pressure piping projects for which the municipality issued a permit during a
prior year where no final inspection had occurred by the first day of the preceding year.
This summary report shall include:
new text end

new text begin (1) the permit number;
new text end

new text begin (2) the date of any final inspection; and
new text end

new text begin (3) identification of any violation of high pressure piping laws related to work
covered by the permit.
new text end

new text begin (q) The municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the code for high pressure piping
systems or any of the ordinances described in paragraph (a), or if the commissioner
determines that the municipality is not properly administering and enforcing the code for
high pressure piping or is otherwise not complying with the agreement:
new text end

new text begin (1) the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement and have the administration and enforcement of
the high pressure piping code in the involved municipality undertaken by the department;
new text end

new text begin (2) the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and
new text end

new text begin (3) while any challenge under clause (2) is pending, the commissioner may exercise
oversight of the municipality to the extent needed to ensure that high pressure piping
inspections are performed and permits are issued in accordance with the high pressure
piping laws.
new text end

new text begin (r) The municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the commissioner.
new text end

new text begin (s) The municipality and the commissioner agree that no municipality shall
revoke, suspend, or place restrictions on any high pressure piping license issued by the
commissioner. If the municipality identifies during an inspection any violation that
may warrant revocation, suspension, or placement of restrictions on a high pressure
piping license issued by the commissioner, the municipality shall promptly notify the
commissioner of the violation and the commissioner shall determine whether revocation,
suspension, or placement of restrictions on any high pressure piping license issued by
the commissioner is appropriate.
new text end

deleted text begin Subd. 5. deleted text end

deleted text begin Reporting of permits issued. deleted text end

deleted text begin Each municipality must submit to the
Department of Labor and Industry a copy of each permit issued within ten days after
issuance.
deleted text end

deleted text begin All permits must be issued on forms prescribed by or approved by the Department of
Labor and Industry.
deleted text end

Subd. 6.

Filing and inspection fees.

new text begin(a) new text endThe department deleted text beginof Labor and Industry deleted text endmust
charge a filing fee deleted text beginset by the commissioner under section 16A.1285deleted text endnew text begin and an inspection feenew text end
for all applications for permits to construct or install high pressure piping systems. The
new text begin filing new text endfee deleted text beginfor inspection of high pressure piping system construction or installationdeleted text end shall
be deleted text beginset by the commissioner under section 16A.1285deleted text endnew text begin $100new text end. deleted text beginThis subdivision doesdeleted text endnew text begin The
inspection fee shall be calculated as follows.
new text end

new text begin (1) When an application for a permit is filed prior to the start of construction or
installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus
0.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of
construction or installation.
new text end

new text begin (2) Except as provided in paragraph (b), when an application for permit is filed after
the start of construction or installation, the inspection fee shall be the greater of: $1,100;
or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011
of the amount over $3,000,000 of the cost of construction or installation.
new text end

new text begin (b) The commissioner shall consider any extenuating circumstances that caused an
application for permit to be filed after the start of construction or installation. If warranted
by such extenuating circumstances, the commissioner may calculate the inspection fee as
if the application for permit had been filed prior to the start of construction or installation.
new text end

new text begin (c) Paragraphs (a) and (b) donew text end not apply where a permit is issued by a municipality
deleted text begin complying withdeleted text end new text beginaccording to an agreement under new text endsubdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that
subdivision 6 is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 326.48, is amended to read:


326.48 LICENSINGnew text begin AND REGISTRATIONnew text end.

Subdivision 1.

License required; rules; time credit.

No deleted text beginpersondeleted text end new text beginindividual new text endshall
engage in or work at the business of a contracting new text beginhigh pressure new text endpipefitter unless issued
an individual contracting new text beginhigh pressure new text endpipefitter license to do so by the department deleted text beginof
Labor and Industry
deleted text end. No license shall be required for repairs on existing installations. No
deleted text begin persondeleted text endnew text begin individualnew text end shall engage in or work at the business of journeyman pipefitter unless
issued an individual journeyman new text beginhigh pressure new text endpipefitter competency license to do so by
the department deleted text beginof Labor and Industrydeleted text end. A person possessing an individual contracting
new text begin high pressure new text endpipefitter competency license may also work as a journeyman new text beginhigh pressure
new text endpipefitter.

No persondeleted text begin, partnership, firm, or corporationdeleted text end shall new text beginconstruct or new text endinstall high pressure
piping, nor install high pressure piping in connection with the dealing in and selling
of high pressure pipe material and supplies, unless, at all times, deleted text begina persondeleted text endnew text begin an individualnew text end
possessing a contracting new text beginhigh pressure new text endpipefitter individual competency license or a
journeyman new text beginhigh pressure new text endpipefitter individual competency license is responsible fornew text begin
ensuring that
new text end the high pressure pipefitting work deleted text beginconducted by the person, partnership, firm,
or corporation being
deleted text endnew text begin isnew text end in conformity with Minnesota Statutes and Minnesota Rules.

The department deleted text beginof Labor and Industrydeleted text end shall prescribe rules, not inconsistent
herewith, for the examination and individual competency licensing of contracting new text beginhigh
pressure
new text endpipefitters and journeyman new text beginhigh pressure new text endpipefitters and for issuance of permits
by the department and municipalities for the installation of high pressure piping.

An employee performing the duties of inspector for the department deleted text beginof Labor and
Industry
deleted text end in regulating pipefitting shall not receive time credit for the inspection duties
when making an application for a license required by this section.

Subd. 2.

High pressure pipefitting business license.

Before obtaining a permit
for high pressure piping work, a persondeleted text begin, partnership, firm, or corporationdeleted text end must obtain or
utilize a business with a high pressure piping business license.

A persondeleted text begin, partnership, firm, or corporationdeleted text end must have at all times as a full-time
employee at least one individual holding an individual contracting new text beginhigh pressure new text endpipefitter
competency license. Only full-time employees who hold individual contracting new text beginhigh
pressure
new text endpipefitter licenses are authorized to obtain high pressure piping permits in the
name of the business. The individual contracting new text beginhigh pressure new text endpipefitter competency
license holder can be the employee of only one high pressure piping business at a time.

To retain its business license without reapplication, a persondeleted text begin, partnership, firm,
or corporation
deleted text end holding a high pressure piping business license that ceases to employ deleted text begina
person
deleted text endnew text begin an individualnew text end holding an individual contracting new text beginhigh pressure new text endpipefitter competency
license shall have 60 days from the last day of employment of its previous individual
contracting pipefitter competency license holder to employ another license holder. The
department deleted text beginof Labor and Industrydeleted text end must be notified no later than five days after the last day
of employment of the previous license holder.

No high pressure pipefitting work may be performed during any period when the
high pressure pipefitting business does not have an individual contracting new text beginhigh pressure
new text endpipefitter competency license holder on staff. If a license holder is not employed within
60 daysnew text begin after the last day of employment of the previous license holdernew text end, the pipefitting
business license shall lapse.

The department deleted text beginof Labor and Industrydeleted text end shall prescribe by rule procedures for
application for and issuance of business licenses and fees.

new text begin Subd. 2a. new text end

new text begin Registration requirement. new text end

new text begin All pipefitter apprentices must be registered
under subdivision 2b. No individual may be a registered pipefitter apprentice for more than
four years unless the individual has a pending application to be licensed as a journeyman
pipefitter. No high pressure piping business shall employ a pipefitter apprentice to help
and assist in the construction and installation of high pressure piping unless the pipefitter
apprentice is registered.
new text end

new text begin A registered pipefitter apprentice is authorized to assist in the practical construction and
installation of high pressure piping and appurtenances only while under direct supervision
of a licensed individual contacting pipefitter. The licensed individual contracting pipefitter
is responsible for ensuring that all high pressure piping work performed by the registered
pipefitter apprentice complies with Minnesota Statutes and Minnesota Rules.
new text end

Subd. 3.

Bond.

deleted text beginThedeleted text endnew text begin As a condition of licensing, eachnew text end applicant for a high pressure
piping business license or renewal shall give bond to the state in the total deleted text beginpenaldeleted text end sum of
$15,000 conditioned upon the faithful and lawful performance of all work deleted text beginentered upondeleted text endnew text begin
contracted for or performed
new text end within the state. The bond shall run to and be for the benefit of
persons injured or suffering financial loss by reason of failure of payment or performance.
Claims and actions on the bond may be brought according to sections 574.26 to 574.38.

The term of the bond must be concurrent with the term of the high pressure
pipefitting business license and run without interruption from the date of the issuance of
the license to the end of the calendar year. All high pressure pipefitting business licenses
must be annually renewed on a calendar year basis.

The bond must be filed with the department deleted text beginof Labor and Industrydeleted text end and shall be
in lieu of any other business license bonds required by any political subdivision for
high pressure pipefitting. The bond must be written by a corporate surety licensed to
do business in the state.

Subd. 4.

Insurance.

In addition to the bond described in subdivision 3, each
applicant for a high pressure pipefitting business license or renewal shall have in force
public liability insurance, including products liability insurance, with limits of at least
$100,000 per person and $300,000 per occurrence and property damage insurance with
limits of at least $50,000.

The insurance must be kept in force for the entire term of the high pressure
pipefitting business license, and the license shall be suspended by the department if at any
time the insurance is not in force.

The insurance must be written by an insurer licensed to do business in the state and
shall be in lieu of any other insurance required by any subdivision of government for
high pressure pipefitting. Each persondeleted text begin, partnership, firm, or corporationdeleted text end holding a high
pressure pipefitting businessnew text begin licensenew text end shall maintain on file with the department a certificate
evidencing the insurance. Any purported cancellation of insurance shall not be effective
without the insurer first giving 30 days' written notice to the department.

Subd. 5.

new text beginLicense new text endfee.

The deleted text beginstatedeleted text end department deleted text beginof Labor and Industry maydeleted text endnew text begin shallnew text end charge
deleted text begin each applicant for a high pressure pipefitting business license or for a renewal of a high
pressure pipefitting business license and an additional fee commensurate with the cost of
administering the bond and insurance requirements of subdivisions 3 and 4.
deleted text endnew text begin the following
license fees:
new text end

new text begin (a) application for journeyman high pressure piping pipefitter competency license,
$100;
new text end

new text begin (b) renewal of journeyman high pressure piping pipefitter competency license, $60;
new text end

new text begin (c) application for contracting high pressure piping pipefitter competency license,
$250;
new text end

new text begin (d) renewal of contracting high pressure piping pipefitter competency license, $220;
new text end

new text begin (e) application for high pressure piping business license, $350;
new text end

new text begin (f) application to inactivate a contracting high pressure piping pipefitter competency
license or inactivate a journeyman high pressure piping pipefitter competency license,
$30; and
new text end

new text begin (g) renewal of an inactive contracting high pressure piping pipefitter competency
license or inactive journeyman high pressure piping pipefitter competency license, $30.
new text end

new text begin If an application for renewal of an active or inactive journeyman high pressure
piping pipefitter competency license or active or inactive contracting high pressure piping
competency license is received by the department after the date of expiration of the
license, a $30 late renewal fee shall be added to the license renewal fee.
new text end

new text begin Payment must accompany the application for a license or renewal of a license. There
shall be no refund of fees paid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that
subdivisions 2a, 2b, and 5 are effective July 1, 2007.
new text end

Sec. 8.

Minnesota Statutes 2006, section 326.50, is amended to read:


326.50 new text beginLICENSE new text endAPPLICATIONdeleted text begin; FEESdeleted text endnew text begin AND RENEWALnew text end.

Application for an individual contracting new text beginhigh pressure new text endpipefitter competency or an
individual journeyman new text beginhigh pressure new text endpipefitter competency license shall be made to the
department deleted text beginof Labor and Industrydeleted text end, with fees. The applicant shall be licensed only after
passing an examinationnew text begin developed and administerednew text end by the department deleted text beginof Labor and
Industry
deleted text end.new text begin A competency license issued by the department shall expire on December 31
of each year. A renewal application must be received by the department within one year
after expiration of the competency license. A license that has been expired for more
than one year cannot be renewed, and can only be reissued if the applicant submits a
new application for the competency license, pays a new application fee, and retakes and
passes the applicable license examination.
new text end

Sec. 9.

new text begin [326.501] RECIPROCITY WITH OTHER STATES.
new text end

new text begin The commissioner may issue a temporary license without examination, upon
payment of the required fee, nonresident applicants who are licensed under the laws of a
state having standards for licensing which the commissioner determines are substantially
equivalent to the standards of this state if the other state grants similar privileges to
Minnesota residents duly licensed in this state. Applicants who receive a temporary
license under this section may acquire a cumulative 24 months of experience before
they have to apply and pass the licensing examination. Applicants must register with the
commissioner of labor and industry and the commissioner shall set a fee for a temporary
license. Applicants have four years in which to comply with this section.
new text end

Sec. 10. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 326.46
new text end
new text begin 326B.90
new text end
new text begin 326.461
new text end
new text begin 326B.91
new text end
new text begin 326.47
new text end
new text begin 326B.92
new text end
new text begin 326.48
new text end
new text begin 326B.93
new text end
new text begin 326.50
new text end
new text begin 326B.94
new text end

ARTICLE 11

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2006, section 31.175, is amended to read:


31.175 WATER, PLUMBING, AND SEWAGE.

A person who is required by statutes administered by the Department of Agriculture,
or by rules adopted pursuant to those statutes, to provide a suitable water supply, or
plumbing or sewage disposal system, may not engage in the business of manufacturing,
processing, selling, handling, or storing food at wholesale or retail unless the person's
water supply is satisfactory under plumbing codes adopted by the Department of deleted text beginHealthdeleted text end
new text begin Labor and Industry new text endand the person's sewage disposal system satisfies the rules of the
Pollution Control Agency.

Sec. 2.

Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:


Subd. 3.

Construction requirements.

(a) Withdrawal and reinjection for the
groundwater thermal exchange device must be accomplished by a closed system in which
the waters drawn for thermal exchange do not have contact or commingle with water
from other sources or with polluting material or substances. The closed system must be
constructed to allow an opening for inspection by the commissioner.

(b) Wells that are part of a groundwater thermal exchange system may not serve
another function, except water may be supplied to the domestic water system if:

(1) the supply is taken from the thermal exchange system ahead of the heat exchange
unit; and

(2) the domestic water system is protected by an airgap or backflow prevention
device as described in rules relating to plumbing enforced by the commissionernew text begin of labor
and industry
new text end.

(c) A groundwater thermal exchange system may be used for domestic water heating
only if the water heating device is an integral part of the heat exchange unit that is used for
space heating and cooling.

Sec. 3.

Minnesota Statutes 2006, section 144.122, is amended to read:


144.122 LICENSE, PERMIT, AND SURVEY FEES.

(a) The state commissioner of health, by rule, may prescribe procedures and fees
for filing with the commissioner as prescribed by statute and for the issuance of original
and renewal permits, licenses, registrations, and certifications issued under authority of
the commissioner. The expiration dates of the various licenses, permits, registrations,
and certifications as prescribed by the rules shall be plainly marked thereon. Fees may
include application and examination fees and a penalty fee for renewal applications
submitted after the expiration date of the previously issued permit, license, registration,
and certification. The commissioner may also prescribe, by rule, reduced fees for permits,
licenses, registrations, and certifications when the application therefor is submitted
during the last three months of the permit, license, registration, or certification period.
Fees proposed to be prescribed in the rules shall be first approved by the Department of
Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
in an amount so that the total fees collected by the commissioner will, where practical,
approximate the cost to the commissioner in administering the program. All fees collected
shall be deposited in the state treasury and credited to the state government special revenue
fund unless otherwise specifically appropriated by law for specific purposes.

(b) The commissioner may charge a fee for voluntary certification of medical
laboratories and environmental laboratories, and for environmental and medical laboratory
services provided by the department, without complying with paragraph (a) or chapter 14.
Fees charged for environment and medical laboratory services provided by the department
must be approximately equal to the costs of providing the services.

(c) The commissioner may develop a schedule of fees for diagnostic evaluations
conducted at clinics held by the services for children with disabilities program. All
receipts generated by the program are annually appropriated to the commissioner for use
in the maternal and child health program.

(d) The commissioner shall set license fees for hospitals and nursing homes that are
not boarding care homes at the following levels:

Joint Commission on Accreditation of
Healthcare Organizations (JCAHO) and
American Osteopathic Association (AOA)
hospitals
$7,555 plus $13 per bed
Non-JCAHO and non-AOA hospitals
$5,180 plus $247 per bed
Nursing home
$183 plus $91 per bed

The commissioner shall set license fees for outpatient surgical centers, boarding care
homes, and supervised living facilities at the following levels:

Outpatient surgical centers
$3,349
Boarding care homes
$183 plus $91 per bed
Supervised living facilities
$183 plus $91 per bed.

(e) Unless prohibited by federal law, the commissioner of health shall charge
applicants the following fees to cover the cost of any initial certification surveys required
to determine a provider's eligibility to participate in the Medicare or Medicaid program:

Prospective payment surveys for hospitals
$900
Swing bed surveys for nursing homes
$1,200
Psychiatric hospitals
$1,400
Rural health facilities
$1,100
Portable x-ray providers
$500
Home health agencies
$1,800
Outpatient therapy agencies
$800
End stage renal dialysis providers
$2,100
Independent therapists
$800
Comprehensive rehabilitation outpatient
facilities
$1,200
Hospice providers
$1,700
Ambulatory surgical providers
$1,800
Hospitals
$4,200
Other provider categories or additional
resurveys required to complete initial
certification
Actual surveyor costs:
average surveyor cost x
number of hours for the
survey process.

These fees shall be submitted at the time of the application for federal certification
and shall not be refunded. All fees collected after the date that the imposition of fees is not
prohibited by federal law shall be deposited in the state treasury and credited to the state
government special revenue fund.

deleted text begin (f) The commissioner shall charge the following fees for examinations, registrations,
licenses, and inspections:
deleted text end

deleted text begin Plumbing examination
deleted text end
deleted text begin $ 50
deleted text end
deleted text begin Water conditioning examination
deleted text end
deleted text begin $ 50
deleted text end
deleted text begin Plumbing bond registration fee
deleted text end
deleted text begin $ 40
deleted text end
deleted text begin Water conditioning bond registration fee
deleted text end
deleted text begin $ 40
deleted text end
deleted text begin Master plumber's license
deleted text end
deleted text begin $120
deleted text end
deleted text begin Journeyman plumber's license
deleted text end
deleted text begin $ 55
deleted text end
deleted text begin Apprentice registration
deleted text end
deleted text begin $ 25
deleted text end
deleted text begin Water conditioning contractor license
deleted text end
deleted text begin $ 70
deleted text end
deleted text begin Water conditioning installer license
deleted text end
deleted text begin $ 35
deleted text end
deleted text begin Residential inspection fee (each visit)
deleted text end
deleted text begin $ 50
deleted text end
deleted text begin Public, commercial, and industrial
inspections
deleted text end
deleted text begin Inspection fee
deleted text end
deleted text begin 25 or fewer drainage fixture units
deleted text end
deleted text begin $ 300
deleted text end
deleted text begin 26 to 50 drainage fixture units
deleted text end
deleted text begin $ 900
deleted text end
deleted text begin 51 to 150 drainage fixture units
deleted text end
deleted text begin $1,200
deleted text end
deleted text begin 151 to 249 drainage fixture units
deleted text end
deleted text begin $1,500
deleted text end
deleted text begin 250 or more drainage fixture units
deleted text end
deleted text begin $1,800
deleted text end
deleted text begin Callback fee (each visit)
deleted text end
deleted text begin $100
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 4.

Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:


Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and
sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
(13), (14), and (15)
; 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to
144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992;
deleted text begin 326.37 to 326.45; 326.57deleted text endnew text begin 326.70new text end to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and
all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
registrations, certificates, and permits adopted or issued by the department or under any
other law now in force or later enacted for the preservation of public health may, in
addition to provisions in other statutes, be enforced under this section.

Sec. 5.

Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:


Subdivision 1.

Established.

The Department of Labor and Industry shall consist
of the following divisions: Division of Workers' Compensation, Division of deleted text beginBoiler
Inspection
deleted text endnew text begin Construction Codes and Licensingnew text end, Division of Occupational Safety and
Health, Division of Statistics, deleted text beginDivision of Steamfitting Standards,deleted text end Division of Labor
Standards and Apprenticeship, and such other divisions as the commissioner of the
Department of Labor and Industry may deem necessary and establish. Each division of
the department and persons in charge thereof shall be subject to the supervision of the
commissioner of the Department of Labor and Industry and, in addition to such duties
as are or may be imposed on them by statute, shall perform such other duties as may be
assigned to them by the commissioner. Notwithstanding any other law to the contrary,
the commissioner is the administrator and supervisor of all of the department's dispute
resolution functions and personnel and may delegate authority to compensation judges
and others to make determinations under sections 176.106, 176.238, and 176.239 and to
approve settlement of claims under section 176.521.

Sec. 6.

Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:


Subdivision 1.

Generally.

(a) In addition to any other fees, each applicant for a
license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund.
The contractor's recovery fund is created in the state treasury and must be administered
by the commissioner in the manner and subject to all the requirements and limitations
provided by section 82.43 deleted text beginwith the following exceptions:deleted text endnew text begin.
new text end

deleted text begin (1) each licensee who renews a license shall pay in addition to the appropriate
renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
most recent fiscal year preceding the renewal, on the following scale:
deleted text end

deleted text begin Fee
deleted text end
deleted text begin Gross Receipts
deleted text end
deleted text begin $100
deleted text end
deleted text begin under $1,000,000
deleted text end
deleted text begin $150
deleted text end
deleted text begin $1,000,000 to $5,000,000
deleted text end
deleted text begin $200
deleted text end
deleted text begin over $5,000,000
deleted text end

deleted text begin Any person who receives a new license shall pay a fee based on the same scale;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end The purpose of this fund is:

(i) to compensate any aggrieved owner or lessee of residential property located
within this state who obtains a final judgment in any court of competent jurisdiction
against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or
dishonest practices, conversion of funds, or failure of performance arising directly out
of any transaction when the judgment debtor was licensed and performed any of the
activities enumerated under section 326.83, subdivision 19, on the owner's residential
property or on residential property rented by the lessee, or on new residential construction
which was never occupied prior to purchase by the owner, or which was occupied by the
licensee for less than one year prior to purchase by the owner, and which cause of action
arose on or after April 1, 1994; and

(ii) to reimburse the Department of Commerce for all legal and administrative
expenses, including staffing costs, incurred in administering the fund;

deleted text begin (3)deleted text endnew text begin (2)new text end nothing may obligate the fund for more than $50,000 per claimant, nor more
than $75,000 per licensee; and

deleted text begin (4)deleted text endnew text begin (3)new text end nothing may obligate the fund for claims based on a cause of action that
arose before the licensee paid the recovery fund fee set in clause (1), or as provided in
section 326.945, subdivision 3.

(b) Should the commissioner pay from the contractor's recovery fund any amount
in settlement of a claim or toward satisfaction of a judgment against a licensee, the
license shall be automatically suspended upon the effective date of an order by the court
authorizing payment from the fund. No licensee shall be granted reinstatement until the
licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
paid from the fund on the licensee's account, and has obtained a surety bond issued by an
insurer authorized to transact business in this state in the amount of at least $40,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 7.

Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:


Subdivision 1.

Rules.

No domestic animals or house pets of occupants of
manufactured home parks or recreational camping areas shall be allowed to run at large,
or commit any nuisances within the limits of a manufactured home park or recreational
camping area. Each manufactured home park or recreational camping area licensed under
the provisions of sections 327.10, 327.11, 327.14 to 327.28 shall, among other things,
provide for the following, in the manner hereinafter specified:

(1) A responsible attendant or caretaker shall be in charge of every manufactured
home park or recreational camping area at all times, who shall maintain the park or
area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
manufactured home park containing more than 50 lots, the attendant, caretaker, or other
responsible park employee, shall be readily available at all times in case of emergency.

(2) All manufactured home parks shall be well drained and be located so that the
drainage of the park area will not endanger any water supply. No wastewater from
manufactured homes or recreational camping vehicles shall be deposited on the surface of
the ground. All sewage and other water carried wastes shall be discharged into a municipal
sewage system whenever available. When a municipal sewage system is not available, a
sewage disposal system acceptable to the state commissioner of health shall be provided.

(3) No manufactured home shall be located closer than three feet to the side lot lines
of a manufactured home park, if the abutting property is improved property, or closer than
ten feet to a public street or alley. Each individual site shall abut or face on a driveway
or clear unoccupied space of not less than 16 feet in width, which space shall have
unobstructed access to a public highway or alley. There shall be an open space of at least
ten feet between the sides of adjacent manufactured homes including their attachments
and at least three feet between manufactured homes when parked end to end. The space
between manufactured homes may be used for the parking of motor vehicles and other
property, if the vehicle or other property is parked at least ten feet from the nearest
adjacent manufactured home position. The requirements of this paragraph shall not apply
to recreational camping areas and variances may be granted by the state commissioner
of health in manufactured home parks when the variance is applied for in writing and in
the opinion of the commissioner the variance will not endanger the health, safety, and
welfare of manufactured home park occupants.

(4) An adequate supply of water of safe, sanitary quality shall be furnished at each
manufactured home park or recreational camping area. The source of the water supply
shall first be approved by the state Department of Health.

(5) All plumbing shall be installed in accordance with the rules of the state
commissioner of deleted text beginhealthdeleted text end new text beginlabor and industry new text endand the provisions of the Minnesota Plumbing
Code.

(6) In the case of a manufactured home park with less than ten manufactured homes,
a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
The shelter or evacuation plan shall be developed with the assistance and approval of
the municipality where the park is located and shall be posted at conspicuous locations
throughout the park. The park owner shall provide each resident with a copy of the
approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
Nothing in this paragraph requires the Department of Health to review or approve any
shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
submitted by a park shall not be grounds for action against the park by the Department of
Health if the park has made a good faith effort to develop the plan and obtain municipal
approval.

(7) A manufactured home park with ten or more manufactured homes, licensed prior
to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
evacuation of park residents to a safe place of shelter within a reasonable distance of the
park for use by park residents in times of severe weather, including tornadoes and high
winds. The shelter or evacuation plan must be approved by the municipality by March 1,
1989. The municipality may require the park owner to construct a shelter if it determines
that a safe place of shelter is not available within a reasonable distance from the park. A
copy of the municipal approval and the plan shall be submitted by the park owner to the
Department of Health. The park owner shall provide each resident with a copy of the
approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.

(8) A manufactured home park with ten or more manufactured homes, receiving
a primary license after March 1, 1988, must provide the type of shelter required by
section 327.205, except that for manufactured home parks established as temporary,
emergency housing in a disaster area declared by the President of the United States or
the governor, an approved evacuation plan may be provided in lieu of a shelter for a
period not exceeding 18 months.

(9) For the purposes of this subdivision, "park owner" and "resident" have the
meaning given them in section 327C.01.

Sec. 8.

Minnesota Statutes 2006, section 327.205, is amended to read:


327.205 SHELTER CONSTRUCTION STANDARDS.

The commissioner of deleted text beginadministrationdeleted text endnew text begin labor and industrynew text end shall adopt, by rule,
minimum standards for the construction of low cost manufactured home park storm
shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be
constructed in accordance with these standards.

Sec. 9.

Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:


Subd. 2.

Building standards.

"Building standards" means the materials and
installation standards of the State Building Code, adopted by the commissioner of
deleted text begin administrationdeleted text end new text beginlabor and industry new text endpursuant to sections 16B.59 to 16B.75, in effect at
the time of the construction or remodeling.

Sec. 10.

Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

The definitions in this subdivision apply to this section.

(a) "Accessible unit" means an accessible rental housing unit that meets the
deleted text begin disability facility deleted text endnew text begin persons with disabilities new text endrequirements of the State Building Codedeleted text begin,
Minnesota Rules, chapter 1340
deleted text end.

(b) "Landlord" has the meaning given it in section 504B.001, subdivision 7.

Sec. 11.

Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:


Subd. 6a.

Normal residential surroundings fordeleted text begin disableddeleted text end personsnew text begin with
disabilities
new text end.

It is the policy of this state that deleted text begindisabled deleted text endpersons deleted text beginand children deleted text endnew text begin with disabilities
new text endshould not be excluded by municipal zoning ordinances or other land use regulations from
the benefits of normal residential surroundings. For purposes of subdivisions 6a through
9, "person" has the meaning given in section 245A.02, subdivision 11.

Sec. 12.

Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:


Subd. 8.

State Building Code.

It may assist the commissioner of deleted text beginadministrationdeleted text endnew text begin
labor and industry
new text end in the development, implementation and revision of deleted text begina uniformdeleted text endnew text begin thenew text end
State Building Code.

Sec. 13.

Minnesota Statutes 2006, section 471.465, is amended to read:


471.465 new text beginPERSONS WITH DISABILITIES; new text endBUILDING REGULATIONS;
DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 471.465 to 471.469, the terms
defined in this section have the meanings given them.

Subd. 2.

Buildings and facilities.

"Buildings and facilities" means any and all
buildings and facilities and the grounds appurtenant thereto within any city, township or
other governmental subdivision of the state other than all farm dwellings and buildings
and single and two family dwellings. However, on the date on which rules promulgated by
the commissioner of deleted text beginadministrationdeleted text end new text beginlabor and industry new text endregarding building requirements for
deleted text begin disableddeleted text end persons new text beginwith disabilities new text endshall become effective, "buildings and facilities" shall
mean only those structures which must provide facilities for deleted text beginthe disabled deleted text endnew text begin persons with
disabilities
new text endpursuant to said rules.

Subd. 3.

deleted text beginPhysically disableddeleted text endnew text begin Persons with disabilitiesnew text end.

"deleted text beginPhysically disableddeleted text endnew text begin
Persons with disabilities
new text end" means and includes new text beginpeople having new text endsight disabilities, hearing
disabilities, disabilities of incoordination, disabilities of aging, and any other disability
that significantly reduces mobility, flexibility, coordination, or perceptiveness.

Subd. 4.

Remodeling.

"Remodeling" means deliberate reconstruction of an existing
building or facility in whole or in part in order to bring it up to date to conform with
present uses of the structure and to conform with rules and regulations on the upgrading
of health and safety aspects of structures.

Subd. 5.

Local authority.

"Local authority" means the local authority having
jurisdiction over local building construction.

Sec. 14.

Minnesota Statutes 2006, section 471.466, is amended to read:


471.466 ADMINISTRATION AND ENFORCEMENT.

The duty and power to administer and enforce sections 471.465 to 471.469 is
conferred upon and vested in the commissioner of deleted text beginadministrationdeleted text endnew text begin labor and industrynew text end and
the local authority.

Sec. 15.

Minnesota Statutes 2006, section 471.467, is amended to read:


471.467 BUILDING REQUIREMENTS; CONFORMITY.

Subdivision 1.

Date applicable.

On the date on which rules promulgated by the
commissioner of deleted text beginadministrationdeleted text endnew text begin labor and industry new text end regarding building requirements for
deleted text begin disableddeleted text end persons new text beginwith disabilities new text endshall become effective, said rules shall exclusively
govern the provision of facilities.

Subd. 2.

No remodeling if solely for deleted text begindisableddeleted text endnew text begin persons with disabilitiesnew text end.

Nothing
in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings
solely to provide accessibility and usability to deleted text beginthe physically disabled deleted text endnew text begin persons with
disabilities
new text endwhen remodeling would not otherwise be undertaken.

Subd. 3.

Applies to remodeled part.

When any building or facility covered
by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that
portion of the building or facility remodeled shall conform to the requirements of sections
471.465 to 471.469.

Sec. 16.

Minnesota Statutes 2006, section 471.471, is amended to read:


471.471 ACCESS REVIEW BOARD.

Subdivision 1.

Membership.

The Access Review Board consists of:

(1) a representative of the deleted text beginBuilding Code and Standards Division of thedeleted text end Department
of deleted text beginAdministrationdeleted text endnew text begin Labor and Industrynew text end, appointed by the commissioner of deleted text beginadministrationdeleted text endnew text begin
labor and industry
new text end;

(2) a representative of the state fire marshal's office, appointed by the commissioner
of public safety;

(3) the commissioner of human rights or the commissioner's designee;

(4) new text begina representative of the elevator safety section, designated by new text endthe commissioner
of labor and industry deleted text beginor the commissioner's designeedeleted text end; and

(5) the chair of the Council on Disability or the chair's designee.

The board shall elect a chair from among its members. Terms of members coincide with
the terms of their appointing authorities or, in the case of ex officio members or their
designees, with the terms of the offices by virtue of which they are members of the board.
Compensation of members is governed by section 15.0575, subdivision 3.

Subd. 2.

Staff; administrative support.

The commissioner of deleted text beginadministrationdeleted text endnew text begin labor
and industry
new text end shall furnish staff, office space, and administrative support to the board. Staff
assigned to the board must be knowledgeable with respect to access codes, site surveys,
plan design, and product use and eligibility.

Subd. 3.

Duties.

The board shall consider applications for waivers from the
State Building Code to permit the installation of stairway chair lifts to provide limited
accessibility for deleted text beginthe physically disableddeleted text endnew text begin persons with disabilitiesnew text end to buildings in which
the provision of access by means permitted under the State Building Code is not
architecturally or financially possible. In considering applications, the board shall review
other possible access options. The board may approve an application for installation of a
stairway chair when the board determines that the installation would be appropriate and
no other means of access is possible. In determining whether to approve an application,
the board shall consider:

(1) the need for limited accessibility when a higher degree of accessibility is not
required by state or federal law or rule;

(2) the architectural feasibility of providing a greater degree of accessibility than
would be provided by the proposed device or equipment;

(3) the total cost of the proposed device or equipment over its projected usable life,
including installation, maintenance, and replacement costs;

(4) the reliability of the proposed device or equipment;

(5) the applicant's ability to comply with all recognized access and safety standards
for installation and maintenance; and

(6) whether the proposed device or equipment can be operated and used without
reducing or compromising minimum safety standards.

The board shall consider the applicant's demonstrated inability to afford a greater degree
of accessibility, but may not give greater weight to this factor than to the factors listed
in clauses (1) to (6). The board may not approve an application unless the applicant
guarantees that the device or equipment will be installed and operated in accordance with
nationally recognized standards for such devices or equipment and agrees to obtain any
permits needed from the agency responsible for enforcing those standards.

Subd. 4.

Application process.

A person seeking a waiver shall apply to the
deleted text begin Building Code and Standards Division of thedeleted text end Department of deleted text beginAdministrationdeleted text endnew text begin Labor and
Industry
new text end on a form prescribed by the board and pay a $70 feenew text begin to the construction code
fund
new text end. The division shall review the application to determine whether it appears to be
meritorious, using the standards set out in subdivision 3. The division shall forward
applications it considers meritorious to the board, along with a list and summary of
applications considered not to be meritorious. The board may require the division to
forward to it an application the division has considered not to be meritorious. The board
shall issue a decision on an application within 90 days of its receipt. A board decision
to approve an application must be unanimous. An application that contains false or
misleading information must be rejected.

Subd. 5.

Liability.

Board members are immune from liability for personal injury or
death resulting from the use or misuse of a device or equipment installed and operated
under a waiver granted by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

ARTICLE 12

APPRENTICESHIP COUNCIL

Section 1.

Minnesota Statutes 2006, section 178.01, is amended to read:


178.01 PURPOSES.

The purposes of this chapter are: to open to young people regardless of race, sex,
creed, color or national origin, the opportunity to obtain training that will equip them for
profitable employment and citizenship; to establish as a means to this end, a program
of voluntary apprenticeship under approved apprentice agreements providing facilities
for their training and guidance in the arts, skills, and crafts of industry and trade, with
concurrent, supplementary instruction in related subjects; to promote employment
opportunities under conditions providing adequate training and reasonable earnings; to
relate the supply of skilled workers to employment demands; to establish standards for
apprentice training; to establish an Apprenticeship deleted text beginAdvisorydeleted text end Council and apprenticeship
committees to assist in effectuating the purposes of this chapter; to provide for a Division
of Labor Standards and Apprenticeship within the Department of Labor and Industry; to
provide for reports to the legislature regarding the status of apprentice training in the state;
to establish a procedure for the determination of apprentice agreement controversies;
and to accomplish related ends.

Sec. 2.

Minnesota Statutes 2006, section 178.02, is amended to read:


178.02 APPRENTICESHIP deleted text beginADVISORYdeleted text end COUNCIL.

Subdivision 1.

Members.

The commissioner of labor and industry, hereinafter
called the commissioner, shall appoint an Apprenticeship deleted text beginAdvisorydeleted text end Council, hereinafter
referred to as the council, composed of three representatives each from employer and
employee organizations, and two representatives of the general public. The director of
education responsible for career and technical education or designee shall be an ex officio
member of the council and shall serve in an advisory capacity only.

Subd. 2.

Terms.

The council shall expire and the terms, compensation, and removal
of appointed members shall be as provided in section 15.059, except that the council shall
not expire before June 30, 2003.

Subd. 4.

Duties.

The council shall meet at the call of the commissioner. It shall
propose occupational classifications for apprenticeship programs; propose minimum
standards for apprenticeship programs and agreements; and advise on the establishment
of such policies, procedures, and rules as the deleted text begincommissionerdeleted text end new text begincouncil new text enddeems necessary in
implementing the intent of this chapter.

Sec. 3.

Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:


Subd. 3.

Duties and functions.

The director, under the supervision of the
commissioner, and with the advice new text beginand oversight new text endof the Apprenticeship deleted text beginAdvisorydeleted text end Council,
is authorized: to administer the provisions of this chapter; to promote apprenticeship and
other forms of on the job training; to establish, in cooperation new text beginand consultation new text endwith the
Apprenticeship deleted text beginAdvisorydeleted text end Council and with the apprenticeship committees, conditions and
training standards for the approval of apprenticeship programs and agreements, which
conditions and standards shall in no case be lower than those prescribed by this chapter; to
promote equal employment opportunity in apprenticeship and other on the job training
and to establish a Minnesota plan for equal employment opportunity in apprenticeship
which shall be consistent with standards established under Code of Federal Regulations,
title 29, part 30, as amended; to issue certificates of registration to sponsors of approved
apprenticeship programs; to act as secretary of the Apprenticeship deleted text beginAdvisorydeleted text end Council; to
approve, if of the opinion that approval is for the best interest of the apprentice, any
apprenticeship agreement which meets the standards established hereunder; to terminate
any apprenticeship agreement in accordance with the provisions of such agreement; to
keep a record of apprenticeship agreements and their disposition; to issue certificates of
completion of apprenticeship; and to perform such other duties as the commissioner deems
necessary to carry out the intent of this chapter; provided, that the administration and
supervision of supplementary instruction in related subjects for apprentices; coordination
of instruction on a concurrent basis with job experiences, and the selection and training
of teachers and coordinators for such instruction shall be the function of state and local
boards responsible for vocational education. The director shall have the authority to make
wage determinations applicable to the graduated schedule of wages and journeyman
wage rate for apprenticeship agreements, giving consideration to the existing wage rates
prevailing throughout the state, except that no wage determination by the director shall
alter an existing wage provision for apprentices or journeymen that is contained in a
bargaining agreement in effect between an employer and an organization of employees,
nor shall the director make any determination for the beginning rate for an apprentice that
is below the wage minimum established by federal or state law.

Sec. 4.

Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:


Subdivision 1.

Rules.

The commissioner may, upon receipt of the council's
proposals, accept, adopt, and issue them by rule with any modifications or amendments
the commissioner finds appropriate. The commissioner may refer them back to the council
with recommendations for further study, consideration and revision. new text beginIf the commissioner
refuses to accept, adopt, and issue by rule or other appropriate action a council proposal,
the commissioner must provide a written explanation of the reason for the refusal to the
council within 30 days after the council submitted the proposal to the commissioner.
new text endAdditional rules may be issued as the commissioner may deem necessary.

ARTICLE 13

BOARD OF ELECTRICITY

Section 1.

Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:


Subd. 2.

Powers.

The board, or the complaint committee on behalf of the board
where authorized by law, shall have power to:

(1) Elect its own officers.

(2) deleted text beginEngage and fix the compensation of inspectors, anddeleted text end Hire employees. The
salary of the executive secretary shall be established pursuant to chapter 43A. All agents
and employees deleted text beginother than contract inspectorsdeleted text end shall be in the classified service and shall
be compensated pursuant to chapter 43A. All inspectors shall hold licenses as master
or journeyman electricians under section 326.242, subdivision 1(1) or 2(1)deleted text begin, and shall
give bond in an amount fixed by the board, conditioned upon the faithful performance
of their duties
deleted text end.

(3) Pay such other expenses as it may deem necessary in the performance of its
duties, including rent, supplies, and such like.

(4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon
request, such additional voluntary inspections and reviews as it may deem appropriate.

(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
relief and civil penalties in court as authorized by section 326.242 and other provisions
of Minnesota law.

(6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248new text begin,
implement state modifications to the National Electrical Code,
new text end and to provide for the
amount and collection of fees for inspection and other services. All rules shall be adopted
in accordance with chapter 14.

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 2006, section 326.243, is amended to read:


326.243 SAFETY STANDARDS.

All electrical wiring, apparatus and equipment for electric light, heat and power,
technology circuits or systems shall comply with the rules of new text beginthe Board of Electricity, new text endthe
Department of Commercenew text begin,new text end or the Department of Labor and Industry, as applicable, and
be installed in conformity with accepted standards of construction for safety to life and
property. For the purposes of this chapter, the rules and safety standards stated at the
time the work is done in the deleted text beginthen most recently publisheddeleted text endnew text begin currentnew text end edition of the National
Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
by the American National Standards Institute, and the National Electrical Safety Code
as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
by the American National Standards Institute, shall be prima facie evidence of accepted
standards of construction for safety to life and property; provided further, that in the event
a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
methods of electrical construction for safety to life and property, compliance with said
methods of electrical construction of said Minnesota Building Code shall also constitute
compliance with this section, and provided further, that nothing herein contained shall
prohibit any political subdivision from making and enforcing more stringent requirements
than set forth herein and such requirements shall be complied with by all licensed
electricians working within the jurisdiction of such political subdivisions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 14

PLUMBING BOARD; COUNCIL

Section 1.

Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:


Subdivision 1.

Rules.

The state deleted text begincommissioner of healthdeleted text end new text beginBoard of Plumbing new text endmay,
by rule, prescribe minimum standards which shall be uniform, and which standards shall
thereafter be effective for all new plumbing installations, including additions, extensions,
alterations, and replacements connected with any water or sewage disposal system owned
or operated by or for any municipality, institution, factory, office building, hotel, apartment
building, or any other place of business regardless of location or the population of the
city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
4715.3130, as they apply to review of plans and specifications, the commissioner may
allow plumbing construction, alteration, or extension to proceed without approval of the
plans or specifications by the commissioner.

new text begin Except for those powers granted to the state Board of Plumbing under sections
326.37 to 326.45,
new text endthe commissioner new text beginof health new text endshall administer the provisions of sections
326.37 to 326.45 and for such purposes may employ plumbing inspectors and other
assistants.

Sec. 2.

new text begin [326.372] PLUMBING COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Plumbing Council shall consist of 11 voting
members who must be residents of the state, appointed by the governor, and confirmed by
the senate. The commissioner of labor and industry or the commissioner's designee shall
be a nonvoting member. The first appointed council members shall serve an initial term
of four years, except where designated otherwise. The governor shall then reappoint the
current members or appoint replacement members, all or in part, to subsequent three-year
terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
occurring with less than six months time remaining in the term shall be filled for the
existing term and the following three-year term. Of the 11 appointed members, the
composition shall be as follows:
new text end

new text begin (1) two members shall be municipal plumbing inspectors;
new text end

new text begin (2) one member shall be a licensed mechanical engineer;
new text end

new text begin (3) two members serving an initial term of three years shall be plumbing contractors
or the representative of the contractor, engaged in a commercial scope of plumbing
contracting, one from the metro area and one from greater Minnesota;
new text end

new text begin (4) two members serving an initial term of three years shall be plumbing contractors
or their representatives, engaged in the residential scope of plumbing contracting, one
from the metro area and one from greater Minnesota;
new text end

new text begin (5) two members serving an initial term of two years shall be plumbing
journeypersons engaged in a commercial scope of plumbing systems installation, one
from the metro area and one from greater Minnesota; and
new text end

new text begin (6) two members serving an initial term of two years shall be plumbing
journeypersons engaged in a residential scope of plumbing systems installation, one from
the metro area and one from greater Minnesota.
new text end

new text begin (b) Except for the licensed mechanical engineer, all persons appointed to the
council must possess a current Minnesota plumbing license and maintain the license for
the duration of their term.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (a) The council shall have the power to:
new text end

new text begin (1) elect its own officers;
new text end

new text begin (2) specify the plumbing code that must be followed in this state;
new text end

new text begin (3) maintain a review process to make determinations regarding any complaints,
code amendments, code compliance, and code clarifications filed with the council;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, apprentices, and other persons engaged in the design, installation,
alteration, and inspection of plumbing systems that would include the issuing, renewing,
revoking, refusing to renew, and suspending a plumbing license;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section; and
new text end

new text begin (6) pay expenses deemed necessary in the performance of council duties, including
rent, utilities, and supplies in the manner and amount specified in section 43A.18,
subdivision 2.
new text end

new text begin (b) Requests under the review process in paragraph (a), clause (3), may originate
with the municipal inspectors, the plumbing contractors or their employees, and other
persons engaged in the design, installation, and alteration of plumbing systems. The
council shall make their findings known to all parties and the commissioner of labor and
industry within the time period specified by the council.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances. new text end

new text begin The council shall submit an annual budget to the
commissioner of labor and industry. The commissioner shall collect fees necessary for
the operation and continuance of the council. The commissioner is responsible for the
enforcement of the codes and licensing requirements determined by the council. The
council shall set the fees for licenses and certification under this section. Fees collected
under sections 326.42 and 326.47 shall be transferred to the council quarterly to meet the
ongoing operation needs of the council.
new text end

Sec. 3.

Minnesota Statutes 2006, section 326.38, is amended to read:


326.38 LOCAL REGULATIONS.

Any city having a system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
airports commission, may, by ordinance, adopt local regulations providing for plumbing
permits, bonds, approval of plans, and inspections of plumbing, which regulations are
not in conflict with the plumbing standards on the same subject prescribed by the state
deleted text begin commissioner of healthdeleted text endnew text begin Board of Plumbingnew text end. No city or such town shall prohibit plumbers
licensed by the state commissioner of health from engaging in or working at the business,
except cities and statutory cities which, prior to April 21, 1933, by ordinance required
the licensing of plumbers. Any city by ordinance may prescribe regulations, reasonable
standards, and inspections and grant permits to any person, firm, or corporation engaged
in the business of installing water softeners, who is not licensed as a master plumber or
journeyman plumber by the state commissioner of health, to connect water softening and
water filtering equipment to private residence water distribution systems, where provision
has been previously made therefor and openings left for that purpose or by use of cold
water connections to a domestic water heater; where it is not necessary to rearrange, make
any extension or alteration of, or addition to any pipe, fixture or plumbing connected with
the water system except to connect the water softener, and provided the connections so
made comply with minimum standards prescribed by the state deleted text begincommissioner of healthdeleted text endnew text begin
Board of Plumbing
new text end.

Sec. 4.

Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:


Subdivision 1.

License required; master and journeyman plumbers.

In any city
now or hereafter having 5,000 or more population, according to the last federal census, and
having a system of waterworks or sewerage, no person, firm, or corporation shall engage
in or work at the business of a master plumber or journeyman plumber unless licensed
to do so by the state commissioner of health. A master plumber may also work as a
journeyman plumber. Anyone not so licensed may do plumbing work which complies with
the provisions of the minimum standard prescribed by the state deleted text begincommissioner of healthdeleted text end
new text begin Board of Plumbing new text endon premises or that part of premises owned and actually occupied by
the worker as a residence, unless otherwise forbidden to do so by a local ordinance.

In any such city no person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and selling of
plumbing material and supplies unless at all times a licensed master plumber, who shall
be responsible for proper installation, is in charge of the plumbing work of the person,
firm, or corporation.

The deleted text beginDepartment of Healthdeleted text end new text beginstate Board of Plumbing new text endshall prescribe rules, not
inconsistent herewith, for the examination and licensing of plumbers.

Sec. 5.

Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:


Subdivision 1.

License requireddeleted text begin; master and journeyman plumbersdeleted text end.

deleted text beginIn any city
now or hereafter having 5,000 or more population, according to the last federal census,
and having a system of waterworks or sewerage,
deleted text end new text begin(a) new text endNo person, firm, or corporation shall
engage in or work at the business of a master plumber deleted text beginordeleted text endnew text begin, restricted master plumber,new text end
journeyman plumbernew text begin, and restricted journeyman plumber new text end unless licensed to do so by the
state commissioner of deleted text beginhealthdeleted text end new text beginlabor and industrynew text end. A master plumber may also work as a
journeyman plumbernew text begin, a restricted journeyman plumber, and a restricted master plumber.
A journeyman plumber may also work as a restricted journeyman plumber
new text end. Anyone not
so licensed may do plumbing work which complies with the provisions of the minimum
standard prescribed by the state commissioner of deleted text beginhealthdeleted text end new text beginlabor and industry new text endon premises or
that part of premises owned and actually occupied by the worker as a residence, unless
otherwise forbidden to do so by a local ordinance.

deleted text begin In any such citydeleted text end new text begin(b) new text endNo person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and selling
of plumbing material and supplies unless at all times a licensed master plumber,new text begin or in
cities and towns with a population of fewer than 5,000 according to the federal census a
restricted master plumber,
new text end who shall be responsible for proper installation, is in charge
of the plumbing work of the person, firm, or corporation.

The deleted text beginDepartment of Healthdeleted text end new text beginstate Board of Plumbing new text endshall prescribe rules, not
inconsistent herewith, for the examination and licensing of plumbers.

Sec. 6.

Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:


Subd. 2.

Journeyman exam.

A plumber's apprentice who has completed four years
of practical plumbing experience is eligible to take the journeyman plumbing examination.
Up to 24 months of practical plumbing experience prior to registration as an apprentice
may be applied to the four-year experience requirement. However, none of this practical
plumbing experience may be applied if the person did not have any practical plumbing
experience in the 12-month period immediately prior to registration. The deleted text begincommissionerdeleted text end
new text begin state Board of Plumbing new text endmay adopt rules to evaluate whether the person's past practical
plumbing experience is applicable in preparing for the journeyman's examination. If
two years after completing the training the person has not taken the examination, the
four years of experience shall be forfeited.

The commissioner may allow an extension of the two-year period for taking the
exam for cases of hardship or other appropriate circumstances.

Sec. 7.

new text begin [326.402] RESTRICTED PLUMBER LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin (a) The commissioner of labor and industry shall grant a
restricted journeyman plumber license to any person who applies to the commissioner and
provides evidence of having at least two years of practical plumbing experience in the
plumbing trade preceding application for licensure.
new text end

new text begin (b) The commissioner shall grant a restricted master plumbing license to any person
who applies to the commissioner and provides evidence of having at least four years of
practical plumbing experience in the plumbing trade prior to application for licensure.
new text end

new text begin Subd. 2. new text end

new text begin Use of license. new text end

new text begin A restricted master plumber and restricted journeyman
plumber may engage in the plumbing trade only in cities and towns with a population of
fewer than 5,000 according to the federal census.
new text end

new text begin Subd. 3. new text end

new text begin Application period. new text end

new text begin Applications for restricted master plumber and
restricted journeyman plumber licenses must be submitted to the commissioner prior
to January 1, 2008.
new text end

new text begin Subd. 4. new text end

new text begin Renewal; use period for license. new text end

new text begin A restricted master plumber and
restricted journeyman plumber license must be renewed annually for as long as that
licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
restricted journeyman plumber license within 12 months after the expiration date will
result in permanent forfeiture of the restricted master plumber and restricted journeyman
plumber license.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition of transference. new text end

new text begin A restricted master plumber and restricted
journeyman plumber license may not be transferred or sold to any other person.
new text end

new text begin Subd. 6. new text end

new text begin Bond; insurance. new text end

new text begin A restricted master plumber licensee is subject to the
bond and insurance requirements of section 326.40, subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin The commissioner shall determine the annual fee for the restricted
master plumber and restricted journeyman plumber licenses.
new text end

Sec. 8.

Minnesota Statutes 2006, section 326.405, is amended to read:


326.405 RECIPROCITY WITH OTHER STATES.

The commissioner of deleted text beginhealthdeleted text end new text beginlabor and industry new text endmay license without examination,
upon payment of the required fee, nonresident applicants who are licensed under the
laws of a state having standards for licensing plumbers which the deleted text begincommissionerdeleted text end new text beginstate
Plumbing Council
new text enddetermines are substantially equivalent to the standards of this state if
the other state grants similar privileges to Minnesota residents duly licensed in this state.new text begin
Applicants who receive a temporary license under this section may acquire a cumulative
24 months of experience before they have to apply and pass the plumbing licensing
examination. Applicants must register with the commissioner of labor and industry and
the commissioner shall set a fee for a temporary license. Applicants have four years in
which to comply with this section.
new text end

Sec. 9.

Minnesota Statutes 2006, section 326.41, is amended to read:


326.41 deleted text beginADVISORY COUNCILdeleted text endnew text begin STATE BOARD OF PLUMBINGnew text end.

new text begin Subdivision 1. new text end

new text begin Membership. new text end

The deleted text beginstate commissioner of healthdeleted text end new text begingovernor, with the
advice and consent of the senate,
new text endshall appoint deleted text beginninedeleted text end new text begin11 new text endpersons to the deleted text beginAdvisory Council on
Plumbing Code and Examinations
deleted text endnew text begin state Board of Plumbingnew text end, two of whom shall be deleted text beginmaster
plumbers
deleted text endnew text begin residential plumbing contractorsnew text end, one who represents greater Minnesota and one
who represents the metropolitan areadeleted text begin, anddeleted text endnew text begin; two commercial plumbing contractors, one who
represents greater Minnesota and one who represents the metropolitan area; two residential
journeyman plumbers, one who represents greater Minnesota and one who represents the
metropolitan area;
new text end two new text begincommercial new text endjourneyman plumbers, one who represents greater
Minnesota and one who represents the metropolitan areanew text begin; two plumbing inspectors, one
who represents greater Minnesota, and one who represents the metropolitan area; and one
mechanical engineer
new text end. deleted text beginThe council shall expire and the terms, compensation and removal of
members of the council shall be as provided in section 15.059.
deleted text endnew text begin The commissioner of labor
and industry shall serve ex-officio as the nonvoting chair of the board. All voting members
of the board except the mechanical engineer must maintain a current plumbing license.
new text end

new text begin Subd. 2. new text end

new text begin Membership; compensation; removal; vacancies. new text end

new text begin Except to the
extent inconsistent with this section, section 214.09 shall govern board membership,
compensation, renewal, and vacancies of board members and positions.
new text end

new text begin Subd. 3. new text end

new text begin Powers. new text end

new text begin The board has exclusive authority to adopt rules related to
plumbing installations and the criteria to license contractors and master, journeyman,
and apprentice plumbers.
new text end

new text begin Subd. 4. new text end

new text begin Reorganization prohibited. new text end

new text begin Section 16B.37 does not apply to powers
and duties of the state Board of Plumbing.
new text end

Sec. 10. new text beginTRANSFER OF AUTHORITY.
new text end

new text begin The authority of the commissioner of health to adopt rules and to set licensing
criteria for contractors and master, journeyman, and apprentice plumbers is transferred
to the state Board of Plumbing effective October 1, 2007. The governor must appoint
members to the state Board of Plumbing no later than October 1, 2007. Licenses currently
in effect remain in effect according to their terms. Rules adopted under authority granted
to the commissioner of health remain in effect until amended or repealed by the state
Board of Plumbing.
new text end

Sec. 11. new text beginAPPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the state Board of Plumbing for the
biennium ending June 30, 2009, for the purposes of Minnesota Statutes, sections 326.37
to 326.45.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 326.45, new text end new text begin is repealed.
new text end

ARTICLE 15

BOARD OF CONSTRUCTION CODES

Section 1.

Minnesota Statutes 2006, section 16B.76, is amended to read:


16B.76 new text beginBOARD OF new text endCONSTRUCTION CODES deleted text beginADVISORY COUNCILdeleted text end.

Subdivision 1.

Membership.

(a) The new text beginBoard of new text endConstruction Codes deleted text beginAdvisory
Council
deleted text end consists of the following members:

(1) the commissioner of administration or the commissioner's designee representing
the department's Building Codes and Standards Division;

(2) the commissioner of health or the commissioner's designee representing an
Environmental Health Section of the department;

(3) the commissioner of public safety or the commissioner's designee representing
the department's State Fire Marshal Division;

(4) the commissioner of commerce or the commissioner's designee representing
the department's State Energy Office; and

(5) one member representing each of the following occupations or entities, appointed
by the commissioner of deleted text beginadministrationdeleted text endnew text begin the Department of Labor and Industrynew text end:

(i) a certified building official;

(ii) a fire service representative;

(iii) a licensed architect;

(iv) a licensed engineer;

deleted text begin (v) a building owners and managers representative;
deleted text end

deleted text begin (vi)deleted text endnew text begin (v)new text end a licensed residential building contractor;

deleted text begin (vii)deleted text endnew text begin (vi)new text end a commercial building contractor;

deleted text begin (viii)deleted text endnew text begin (vii)new text end a heating and ventilation contractor;

deleted text begin (ix)deleted text endnew text begin (viii)new text end a plumbing contractor;new text begin and
new text end

new text begin (ix) an electrical contractor.
new text end

deleted text begin (x) a representative of a construction and building trades union; and
deleted text end

deleted text begin (xi) a local unit of government representative.
deleted text end

(b) For members who are not state officials or employees, terms, compensation,
removal, and the filling of vacancies are governed by section 15.059. new text beginThe chairperson of
the Board of Construction Codes will be the commissioner of the Department of Labor
and Industry or the commissioner's designee as a nonvoting member.
new text end The deleted text begincouncildeleted text endnew text begin boardnew text end
shall select one of its members to serve as chair.

(c) The deleted text begincouncildeleted text endnew text begin boardnew text end expires June 30, 2003.

Subd. 2.

Duties of deleted text begincouncildeleted text endnew text begin boardnew text end.

The deleted text begincouncildeleted text endnew text begin boardnew text end shall review laws, codes,
rules, standards, and licensing requirements relating to building construction and may:

(1) recommend ways to eliminate inconsistencies, to streamline construction
regulation and construction processes, and to improve procedures within and among
jurisdictions;

(2) review and comment on current and proposed laws and rules to promote
coordination and consistency;

(3) advise agencies on possible changes in rules to make them easier to understand
and apply; and

(4) promote the coordination, within each jurisdiction, of the administration and
enforcement of construction codes.

The deleted text begincouncildeleted text endnew text begin boardnew text end shall report its findings and recommendations to the commissioner
of administration and the head of any other affected agency by the end of each calendar
year. The deleted text begincouncildeleted text endnew text begin boardnew text end may recommend changes in laws or rules governing building
construction. The deleted text begincouncildeleted text endnew text begin boardnew text end may establish subcommittees to facilitate its work.
If the deleted text begincouncildeleted text endnew text begin boardnew text end establishes subcommittees, it shall include in their memberships
representation from entities and organizations expressing an interest in membership.
The commissioner of administration shall maintain a list of interested entities and
organizations.

Subd. 3.

Agency cooperation.

State agencies and local governmental units shall
cooperate with the deleted text begincouncildeleted text endnew text begin boardnew text end and, so far as possible, provide information or assistance
to it upon its request. The commissioner of administration shall provide necessary staff
and administrative support to the deleted text begincouncildeleted text endnew text begin boardnew text end.

Sec. 2.

Minnesota Statutes 2006, section 16B.76, subdivision 2, is amended to read:


Subd. 2.

Duties of council.

new text begin(a) new text endThe deleted text begincouncildeleted text end new text beginboard new text endshall review laws, codes, rules,
standards, and licensing requirements relating to building construction and may:

deleted text begin (1) recommend ways to eliminate inconsistencies, to streamline construction
regulation and construction processes, and to improve procedures within and among
jurisdictions;
deleted text end

deleted text begin (2) review and comment on current and proposed laws and rules to promote
coordination and consistency;
deleted text end

deleted text begin (3) advise agencies on possible changes in rules to make them easier to understand
and apply; and
deleted text end

deleted text begin (4) promote the coordination, within each jurisdiction, of the administration and
enforcement of construction codes.
deleted text end

deleted text begin The council shall report its findings and recommendations to the commissioner of
administration and the head of any other affected agency by the end of each calendar year.
The council may recommend changes in laws or rules governing building construction.
The council may establish subcommittees to facilitate its work. If the council establishes
subcommittees, it shall include in their memberships representation from entities and
organizations expressing an interest in membership. The commissioner of administration
shall maintain a list of interested entities and organizations.
deleted text end

new text begin (1) recommend ways to eliminate inconsistencies and improve construction
regulation and procedures within and among jurisdictions;
new text end

new text begin (2) review current and proposed laws and rules from the established trade councils
and boards to promote coordination and consistency;
new text end

new text begin (3) advise state agencies on possible changes in rules to make them easier to
understand and apply; and
new text end

new text begin (4) promote the coordination of the administration and enforcement of construction
codes within each jurisdiction.
new text end

new text begin (b) The board shall meet a minimum of four times each year. The board shall report
its findings and recommendations to the commissioner of administration. The board
shall forward all approved changes in laws or rules governing building construction to
the commissioner of administration for final action. All rule additions, amendments, or
deletions shall be approved by the specific trade council or board first, and then forwarded
to the Board of Construction Codes for approval, before the commissioner issues final
approval. The board shall use the following established trade councils or boards for
technical expertise:
new text end

new text begin (1) the Plumbing Council;
new text end

new text begin (2) the Electrical Board;
new text end

new text begin (3) the Mechanical Council;
new text end

new text begin (4) the High Pressure Piping Board; and
new text end

new text begin (5) the Fire Protection Council.
new text end

ARTICLE 16

FIRE PROTECTION COUNCIL; ADVISORY COUNCIL

Section 1.

Minnesota Statutes 2006, section 299M.02, is amended to read:


299M.02 FIRE PROTECTION ADVISORY deleted text beginCOUNCILdeleted text endnew text begin BOARDnew text end.

Subdivision 1.

Creation.

The commissioner shall establish a Fire Protection
Advisory deleted text beginCouncildeleted text endnew text begin Boardnew text end.

Subd. 2.

Membership.

The deleted text begincouncildeleted text endnew text begin boardnew text end consists of the commissioner of public
safety, or the commissioner's designee, and deleted text begineightdeleted text endnew text begin ninenew text end members appointed for a term
of three years by the commissioner. Two members must be licensed fire protection
contractors or full-time, managing employees actively engaged in a licensed fire protection
contractor business. Two members must be journeyman sprinkler fitters certified as
competent under this chapter. One member of the deleted text begincouncildeleted text endnew text begin boardnew text end must be an active member
of the Minnesota State Fire Chiefs Association. One member must be an active member
of the Fire Marshals Association of Minnesota. One member must be a building official
certified by the Department of Administration, who is professionally competent in fire
protection system inspection. One member must be a member of the general public. new text beginOne
member must be a state fire protection system inspector.
new text end The commissioner or designee
is a nonvoting member.

Subd. 3.

Duties.

The deleted text begincouncildeleted text endnew text begin boardnew text end shall advise the commissioner of public
safety on matters within the deleted text begincouncil'sdeleted text endnew text begin board'snew text end expertise or under the regulation of the
commissioner.new text begin The board may adopt rules regarding fire protection code issues.
new text end

Sec. 2.

Minnesota Statutes 2006, section 299M.04, is amended to read:


299M.04 RULES, FEES, ORDERS, PENALTIES.

The commissioner shall adopt permanent rules for operation of the deleted text begincouncildeleted text endnew text begin
board
new text end; regulation by municipalities; qualifications, examination, and licensing of fire
protection contractors; licensing of multipurpose potable water piping system contractors;
certification of multipurpose potable water piping system installers; certification of
journeyman sprinkler fitters; registration of apprentices; and the administration and
enforcement of this chapter. Permit fees must be a percentage of the total cost of the
fire protection work.

The commissioner may issue a cease and desist order to cease an activity considered
an immediate risk to public health or public safety. The commissioner shall adopt
permanent rules governing when an order may be issued; how long the order is effective;
notice requirements; and other procedures and requirements necessary to implement,
administer, and enforce the provisions of this chapter.

The commissioner, in place of or in addition to licensing sanctions allowed under
this chapter, may impose a civil penalty not greater than $1,000 for each violation of this
chapter or rule adopted under this chapter, for each day of violation. The commissioner
shall adopt permanent rules governing and establishing procedures for implementation,
administration, and enforcement of this paragraph.

Sec. 3.

new text begin [326.995] FIRE PROTECTION COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Fire Protection Council shall consist of 11
voting members who must be residents of the state, appointed by the governor, and
confirmed by the senate. The commissioner of labor and industry or the commissioner's
designee shall be a nonvoting member. The first appointed board members shall serve
an initial term of four years, except where designated otherwise. The governor shall
then reappoint the current members or appoint replacement members, all or in part, to
subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
of the term. Vacancies occurring with less than six months time remaining in the term
shall be filled for the existing term and the following three-year term. Of the 11 appointed
members, the composition shall be as follows:
new text end

new text begin (1) two members shall be municipal fire protection inspectors;
new text end

new text begin (2) one member shall be a licensed mechanical engineer;
new text end

new text begin (3) two members, one from the metro area and one from greater Minnesota, serving
an initial term of three years shall be fire protection contractors or their representatives
engaged in a commercial scope of fire protection contracting;
new text end

new text begin (4) two members, one from the metro area and one from greater Minnesota, serving
an initial term of three years shall be fire protection contractors engaged in the residential
scope of fire protection contracting;
new text end

new text begin (5) two members, one from the metro area and one from greater Minnesota,
serving an initial term of two years shall be fire protection journeypersons engaged in a
commercial scope of fire protection systems installation; and
new text end

new text begin (6) two members, one active member of the Minnesota State Fire Chiefs Association
and one active member from the Fire Marshals Association of Minnesota, serving an
initial term of two years.
new text end

new text begin (b) Except for the licensed mechanical engineer, all persons appointed to the council
must possess a current Minnesota fire protection license and maintain the license for
the duration of their term.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (a) The council shall have the power to:
new text end

new text begin (1) elect its own officers;
new text end

new text begin (2) specify the fire protection code that must be followed in this state;
new text end

new text begin (3) coordinate any changes to the fire protection code with the commissioner of
labor and industry;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, apprentices, and other persons engaged in the design, installation,
alteration, and inspection of fire protection systems that would include the issuing,
renewing, revoking, refusing to renew, and suspending of the fire protection license;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section;
new text end

new text begin (6) maintain a review process to make determinations regarding complaints, code
amendments, code compliance, and code clarifications with the council; and
new text end

new text begin (7) pay expenses deemed necessary in the performance of council duties, including
rent, utilities, and supplies in the manner and amount specified in section 43A.18,
subdivision 2.
new text end

new text begin (b) Complaints filed under this section may originate with municipal inspectors,
fire protection contractors or their employees, or other persons engaged in the design,
installation, and alteration of fire protection systems. The council shall make their findings
known to all parties and the commissioner of public safety within the time period specified
by the council.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances. new text end

new text begin The council shall submit an annual budget to the
commissioner of labor and industry. The commissioner of labor and industry shall collect
fees necessary for the operation and continuance of the council. The commissioner
of labor and industry is responsible for the enforcement of the codes and licensing
requirements determined by the council. The council shall set the fees for licenses and
certification under this section and submit the fee structure to the commissioner of labor
and industry. A portion of the funds collected by the commissioner of labor and industry
under this section shall be transferred to the council quarterly to meet the ongoing
budgetary needs of the council.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 299M.02, new text end new text begin is repealed.
new text end

ARTICLE 17

HIGH PRESSURE PIPING BOARD

Section 1.

new text begin [326.462] HIGH PRESSURE PIPING BOARD.
new text end

new text begin The commissioner of labor and industry shall appoint nine persons to the
High-Pressure Piping Code and Examinations Board. The board consists of two master
pipefitters from the metropolitan area and two from greater Minnesota, two journeymen,
one from the metropolitan area, and one from greater Minnesota, one mechanical engineer,
and one representative from each of two separate utilities. The commissioner or the
commissioner's designee shall be the nonvoting chairperson of the committee.
new text end

new text begin The board may adopt rules on all high-pressure piping code issues and shall advise
the commissioner on all matters within the board's expertise.
new text end

new text begin new text end

Sec. 2.

Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:


Subd. 6.

Filing and inspection fees.

The Department of Labor and Industry
must charge a filing fee set by the deleted text begincommissionerdeleted text endnew text begin councilnew text end under section 16A.1285 for all
applications for permits to construct or install high pressure piping systems. The fee for
inspection of high pressure piping system construction or installation shall be set by the
deleted text begin commissionerdeleted text endnew text begin councilnew text end under section 16A.1285. This subdivision does not apply where a
permit is issued by a municipality complying with subdivision 2.

Sec. 3.

new text begin [326.471] COUNCIL OF HIGH PRESSURE PIPING SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Council of High Pressure Piping Systems
shall consist of 12 members who must be residents of the state, appointed by the governor,
and confirmed by the senate. The commissioner of the Department of Labor and Industry
or the commissioner's designee shall be a nonvoting member. The first appointed board
members shall serve an initial term of four years, except where designated otherwise. The
governor shall then reappoint the current members or appoint replacement members, all or
in part, to subsequent three-year terms. Midterm vacancies shall be filled for the remaining
portion of the term. Vacancies occurring with less than six months time remaining in the
term shall be filled for the existing term and the following three-year term. Of the 11
appointed members, the composition shall be as follows:
new text end

new text begin (1) one member shall be a high pressure piping inspector;
new text end

new text begin (2) one member shall be a licensed mechanical engineer;
new text end

new text begin (3) one member shall be a representative of the piping industry;
new text end

new text begin (4) four members shall be high pressure piping contractors or their representatives,
engaged in the scope of high pressure piping, two from the metro area and two from
greater Minnesota;
new text end

new text begin (5) two members shall be high pressure piping journeypersons engaged in the scope
of high pressure piping systems installation, one from the metro area and one from greater
Minnesota; and
new text end

new text begin (6) two members shall be representatives from utility companies in Minnesota
who shall serve an initial term of two years.
new text end

new text begin (b) Except for the licensed mechanical engineer and the members from utilities
companies, all persons appointed to the council must possess a current license or
competency credential required for contractors and persons engaged in the design,
installation, alteration, and inspection of high pressure systems.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (a) The council shall have the power to:
new text end

new text begin (1) elect its own officers;
new text end

new text begin (2) specify the high pressure piping code that must be followed in Minnesota;
new text end

new text begin (3) maintain an appeals committee to make determinations regarding any complaints,
code amendments, code compliance, and code clarifications filed with the council;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, trainees, and other persons engaged in the design, installation, alteration,
and inspection of high pressure piping systems;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section; and
new text end

new text begin (6) pay expenses deemed necessary in the performance of council duties, including
rent, utilities, and supplies in the manner and amount specified in section 43A.18,
subdivision 2.
new text end

new text begin (b) Complaints filed under this section may originate with high pressure piping
inspectors, contractors, or their employees, or other persons engaged in the design,
installation, and alteration of a high pressure piping system. The council shall make
their findings known to all parties and the commissioner of the Department of Labor and
Industry within the time period specified by the council.
new text end

new text begin Subd. 3. new text end

new text begin Fee and finances. new text end

new text begin The council shall submit an annual budget to the
commissioner of the Department of Labor and Industry. The commissioner shall collect
fees necessary for the operation and continuance of the council. The commissioner
is responsible for the enforcement of the codes and licensing requirements determined
by the council. The council shall set the fees for licenses and certification under this
section and for all high pressure piping system permits and submit the fee structure to
the commissioner of labor and industry. Funds collected under section 326.50 shall be
transferred to the council quarterly to meet ongoing budgetary needs of the council.
new text end

ARTICLE 18

BUILDING AND STRUCTURAL CODE COUNCIL

Section 1.

new text begin [326.522] BUILDING AND STRUCTURAL CODE COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Building and Structural Code Council shall
consist of 11 voting members who must be residents of the state and appointed by the
governor with confirmation by the senate. The council shall also include one nonvoting
representative from the Department of Labor and Industry. The first board members shall
serve an initial term of four years, except where designated otherwise. The governor shall
then reappoint the current members or appoint replacement members, all or in part, to
subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
of the term. Vacancies occurring with less than six months time remaining in the term
shall be filled for the existing term and the following three-year term. Of the 11 appointed
members, the composition shall be as follows:
new text end

new text begin (1) two members shall be municipal building inspectors who will serve an initial
term of four years;
new text end

new text begin (2) one member shall be a licensed qualified engineer;
new text end

new text begin (3) four members serving an initial term of three years shall be construction or
carpentry contractors or their representatives, and shall be composed as follows:
new text end

new text begin (i) two must be general construction or general contractors engaged in a commercial
scope of construction or carpentry contracting, one from the metro area and one from
greater Minnesota;
new text end

new text begin (ii) one shall be a general contractor;
new text end

new text begin (iii) one shall be a construction or carpentry subcontractor; and
new text end

new text begin (iv) of the four members specified in clauses (i) to (iii), one shall be a carpentry
contractor; and
new text end

new text begin (4) four members serving an initial term of two years shall be construction
journeypersons and shall be composed as follows:
new text end

new text begin (i) two shall be construction journeypersons engaged in a commercial scope of
construction, one from the metro area and one from greater Minnesota;
new text end

new text begin (ii) one shall be an employee of a general contractor; and
new text end

new text begin (iii) one shall be an employee of a construction subcontractor.
new text end

new text begin (b) All persons appointed to the council must possess a current license or
competency credential if required for contractors and persons engaged in the design,
installation, alteration, and inspection of all aspects of residential, commercial, industrial,
and public construction.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (a) The council shall have the power to:
new text end

new text begin (1) elect its own officers;
new text end

new text begin (2) except for plumbing codes, electrical codes, mechanical codes, high-pressure
piping codes, and fire protection codes, the council, with consultation with the
commissioner of the Department of Labor and Industry, shall specify building codes
that must be followed in this state;
new text end

new text begin (3) maintain an appeals committee to make determinations regarding any complaints,
code amendments, code compliance and code clarifications filed with the council;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of inspectors, contractors,
journeypersons, apprentices, and all persons engaged in the design, installation, alteration,
and inspection of all aspects of residential, commercial, industrial, and public construction
or carpentry including, but not limited to:
new text end

new text begin (i) any structural, load or nonload bearing component;
new text end

new text begin (ii) any insulation;
new text end

new text begin (iii) air or water barriers;
new text end

new text begin (iv) exterior or interior cladding; or
new text end

new text begin (v) any partial or total envelope;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section; and
new text end

new text begin (6) pay expenses deemed necessary in the performance of council duties, including
rent, utilities, and supplies in the manner and amount specified in section 43A.18,
subdivision 2.
new text end

new text begin (b) Complaints under this section may originate with municipal inspectors,
construction contractors or their employees, or other persons engaged in the design,
installation, alteration, and inspection of building and structural construction. The council
must make their findings known to all parties and the commissioner within the time period
specified by the council.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances. new text end

new text begin The council shall submit an annual budget to the
commissioner of labor and industry. The commissioner shall set and collect fees necessary
for the operation and continuance of the council and transfer the funds to the council
quarterly. The commissioner is responsible for the enforcement of the codes and licensing
requirements determined by the council. The commissioner shall set the fees for licenses
and certification under this section as directed by the council and for all construction and
carpentry permits.
new text end

ARTICLE 19

MECHANICAL SYSTEMS COUNCIL

Section 1.

new text begin [326.531] MECHANICAL SYSTEMS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin The Mechanical Systems Council shall consist of 11
members, residents of the state, appointed by the governor, and confirmed by the senate
and the commissioner of the Department of Labor and Industry or his designee shall
be a nonvoting member.
new text end

new text begin Two members shall be municipal mechanical inspectors; one from the seven-county
metro area and one from greater Minnesota; and one a licensed mechanical or professional
engineer;
new text end

new text begin The eight additional members shall represent each of the eight mechanical license
categories detailed in section 326.532.
new text end

new text begin The engineer, the limited license representative of section 326.532, subdivision 4,
paragraph (a), and the unlimited license representative of section 326.532, subdivision
7, shall serve an initial term of two years.
new text end

new text begin The municipal mechanical inspector representing the seven-county metro area,
the limited license representatives of section 326.532, subdivisions 5 and 7, and the
unlimited license representative of section 326.532, subdivision 6, shall serve an initial
term of three years.
new text end

new text begin The municipal mechanical inspector representing the greater Minnesota area, the
limited license representatives of section 326.532, subdivision 6, and the unlimited
license representatives of section 326.532, subdivisions 4 and 5, shall serve an initial
term of four years.
new text end

new text begin These members or replacement members, all or in part, shall be appointed by the
governor and confirmed by the senate, to subsequent three-year terms.
new text end

new text begin Midterm vacancies shall be filled by the governor for the remaining portion of
the term.
new text end

new text begin The meaning of the terms "masters and journeypersons" shall be as prescribed
in section 326.532.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (1) The council shall elect its officers.
new text end

new text begin (2) The council shall select the mechanical and fuel gas codes for Minnesota. The
selection of mechanical and fuel gas codes shall include a comprehensive review of
available model codes, the approval of all additions, amendments, and deletions to these
codes. The council shall coordinate the adoption of the mechanical and fuel gas codes
with the commissioner of the Department of Labor and Industry to the best of its ability.
new text end

new text begin (3) The council shall maintain an appeals committee to make determinations
regarding any complaints, code amendments, code compliance, and code clarifications
filed with the council. These complaints may originate with the municipal inspectors
and/or the mechanical contractors or their employees and all other persons engaged in the
design, installation, alteration, and inspection of a mechanical system or those that have
purchased such services or systems. The council shall make their findings known to all
parties and the commissioner of the Department of Labor and Industry within a period
of time specified by the council.
new text end

new text begin (4) The council shall have the authority to adopt rules necessary for the regulation
and licensing of inspectors, contractors, journeypersons, apprentices, and all other persons
engaged in the design, installation, alteration, and inspection of mechanical systems
utilized to provide control of environmental conditions and regulated processes within
buildings or regulated by the mechanical and fuel gas codes adopted. Municipalities shall
not create additional licensing requirements for performing work on mechanical systems
regulated by the State Mechanical and Fuel Gas Codes.
new text end

new text begin (5) The council shall have the authority to adopt rules to determine the level of
continuing education for inspectors and licensed individuals.
new text end

new text begin (6) All persons appointed to the council shall possess a current license required for
contractors or persons engaged in the design, installation, alteration, and inspection of
mechanical systems in effect at the time of their appointment except for the mechanical
engineer and the commissioner or his designee.
new text end

new text begin (7) Pay such other expenses as it may deem necessary in the performance of
its duties, including rent, supplies in the manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances; disposition. new text end

new text begin The council shall submit a budget to the
commissioner of the Department of Labor and Industry annually. The commissioner of
the Department of Labor and Industry shall collect fees as necessary for the operation
and continuance of the council. The commissioner of the Department of Labor and
Industry shall be responsible for the enforcement of the codes and licensing requirements
prescribed by the council. The council shall set fees for licenses of mechanical systems
contractors and persons engaged in the design, installation, alteration, and inspection of
mechanical systems as directed by the council and for all mechanical systems permits.
new text end

Sec. 2.

new text begin [326.532] MECHANICAL TRADE LICENSING.
new text end

new text begin Subdivision 1. new text end

new text begin Licenses required; rules; time credit. new text end

new text begin No person shall engage in or
work at the business of any of the following mechanical construction trades unless issued
a license to do so by the State Council of Mechanical Systems. Mechanical construction
trades' work shall mean all scopes of work regulated by the mechanical and fuel gas
codes adopted by Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin A home owner may perform work, regulated by this section,
within a single family dwelling they own and occupy. Mechanical permits shall be
required for this work.
new text end

new text begin Subd. 3. new text end

new text begin Contractor, master, journeyperson licensing. new text end

new text begin The council shall by rule
set minimum requirements for contractor, master, and journeyperson licensing for each
of the categories outlined in subdivisions 4 to 7. Every contractor shall have a master
license or employ a person with a master license for each of the scopes of work that
they engage in, as defined below. A master license shall be registered with a maximum
of one contractor. All persons performing work regulated by these licenses shall have
either a master license or a journeyperson license for each of the scopes of work they
perform as defined below. Apprentices shall be registered with a federal or state approved
apprenticeship program and shall be allowed to perform work under the direct supervision
of either a master or journeyperson licensed for the scope of work being performed.
"Direct supervision" means an apprentice is being supervised by an individual licensed to
perform the scope of work being performed.
new text end

new text begin Subd. 4. new text end

new text begin Air conditioning/piping, refrigeration, and cooling systems. new text end

new text begin (a) An air
conditioning/piping, refrigeration, and cooling systems limited license applies to persons
or companies that install, alter, repair, or service air conditioning and refrigeration systems
or cooling equipment and any related piping, not exceeding 90,000 Btu/hr per appliance or
piece of equipment regulated by the Minnesota Mechanical Code.
new text end

new text begin (b) An air conditioning/piping, refrigeration, and cooling systems unlimited
license applies to persons or companies that install, alter, repair, or service all types of
air conditioning and refrigeration systems or cooling equipment and any related piping
regulated by the Minnesota Mechanical Code.
new text end

new text begin Subd. 5. new text end

new text begin Air handling, warm air heating, air conditioning/air distribution
and ventilating systems.
new text end

new text begin Warm air heating systems means all heating appliances and
equipment that use heated air as a medium for space conditioning.
new text end

new text begin (a) An air handling, warm air heating, air conditioning/air distribution and ventilating
systems limited license applies to persons or companies that install, alter, repair, or service
air handling, warm air heating, ventilating and air conditioning appliances, equipment,
and air distribution and exhaust systems, including all chimneys and vents that serve
residential occupancies and are regulated by the Minnesota Mechanical Code.
new text end

new text begin (b) An air handling, warm air heating, air conditioning/air distribution and
ventilating systems unlimited license applies to persons or companies that install,
alter, repair, or service air handling, warm air heating, ventilating and air conditioning
appliances, equipment, and air distribution and exhaust systems, including all chimneys
and vents, in any occupancy and are regulated by the Minnesota Mechanical Code.
new text end

new text begin Subd. 6. new text end

new text begin Fuel piping and burner systems. new text end

new text begin (a) A fuel piping and burner systems
limited license applies to persons or companies that install, alter, repair, or service fuel gas
(natural and propane), oil, and solid fuel burning appliances and equipment for structures
having a total installed heating system capacity of less than 400,000 Btu/hr, including
all chimneys and vents for these systems.
new text end

new text begin (b) A fuel piping and burner systems unlimited license applies to persons or
companies that install, alter, repair, or service fuel gas (natural and propane), oil, and solid
fuel burning appliances and equipment for structures, including all chimneys and vents.
new text end

new text begin Subd. 7. new text end

new text begin Steam and hot water heating. new text end

new text begin (a) A steam and hot water heating limited
license applies to persons or companies that install, alter, repair, or service steam or hot
water heating systems, not regulated by the high pressure pipefitting license in section
326.48, including chimneys and vents.
new text end

new text begin (b) A steam and hot water heating unlimited license scope of work is regulated by
the high pressure pipefitting license in section 326.48.
new text end

new text begin Subd. 8. new text end

new text begin License requirements. new text end

new text begin (a) The Mechanical Systems Council shall by rule
create exams and provide for the testing for contractors, masters, and journeypersons
license for each scope of work listed above.
new text end

new text begin The council shall by rule set parameters for one-time granting of licenses to
contractors, masters, and journeypersons currently engaged in the scopes of work
regulated herein. The council shall review and determine if any exam administered by a
municipality will be acceptable as equal to an exam issued by the council. Contractors
and individuals holding contractors, masters, and journeypersons licenses or competency
cards issued by cities where an examination, rated as equal to the council's exams, has
been successfully completed, shall be granted a license for each of the appropriate scopes
of work tested for in the examination.
new text end

new text begin (b) Persons that have successfully completed a federal or state approved
apprenticeship program shall be granted a license for each of the appropriate scopes
of work defined in their apprenticeship.
new text end

new text begin (c) Contractors and journeypersons with a minimum of five years verifiable
experience, prior to January 1, 2010, in each scope of work they are seeking a license for,
shall be granted the opportunity to take the exam for that license within the following year.
All such persons must make application and pass the applicable exam within one year
from the date of application. Verifiable experience shall mean the installing, altering,
repairing, and servicing or regulated mechanical appliances, equipment, and systems for
each scope of licensed work. Verifiable experience may also include supervisory duties
over the individuals that performed the regulated work.
new text end

new text begin Subd. 9. new text end

new text begin Reciprocity with other states. new text end

new text begin The commissioner may issue a temporary
license without examination, upon payment of the required fee, nonresident applicants
who are licensed under the laws of a state having standards for licensing which the
commissioner determines are substantially equivalent to the standards of this state if
the other state grants similar privileges to Minnesota residents duly licensed in this
state. Applicants who receive a temporary license under this section may acquire a
cumulative 24 months of experience before they have to apply and pass the licensing
examination. Applicants must register with the commissioner of labor and industry and
the commissioner shall set a fee for a temporary license. Applicants have four years in
which to comply with this section.
new text end

ARTICLE 20

REPEALER; EFFECTIVE DATE

Section 1. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001;
183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44,
subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and
6; 326.01, subdivisions 6h, 10, 11, and 12; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f,
9g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision
4; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12,
and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and
327B.05, subdivisions 2, 3, 4, 5, and 6,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision
9; 326.01, subdivision 13; 326.44; 326.52; and 326.64,
new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650;
3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900;
4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and
9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts
1, 3, and 4,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (c) are effective December 1, 2007.
Paragraph (b) is effective July 1, 2007.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective December 1, 2007, except when another date is specified. The
revisor's instructions contained in this act shall be implemented for the 2008 edition of
Minnesota Statutes.
new text end