relating to state government; appropriating money for jobs, economic
development, and housing; establishing and modifying certain programs;
providing for regulation of certain activities and practices; providing for
accounts, assessments, and fees; changing codes and licensing provisions;
providing penalties;amending Minnesota Statutes 2006, sections 13.7931,
by adding a subdivision; 16B.61, subdivision 1a; 16B.63, subdivision 5;
16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 116J.551, subdivision
1; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions
1, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04,
subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116L.666,
subdivision 1; 116M.18, subdivision 6a; 154.003; 177.27, subdivisions 1, 4, 8,
9, 10; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3, 4, 6, by adding a
subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1;
179A.04, subdivision 3; 181.932, subdivision 1; 181.935; 182.65, subdivision 2;
190.096; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding
a subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision;
298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.242, subdivisions
3d, 5, 8, 11, by adding a subdivision; 326.2441; 326.37, subdivision 1, by adding
a subdivision; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.405;
326.42, subdivision 1; 326.46; 326.47, subdivision 2; 326.48, subdivisions 1,
2, by adding a subdivision; 326.50; 326.975, subdivision 1; 326.992; 327.33,
subdivisions 2, 6; 327B.04, subdivision 7; 341.21, by adding a subdivision;
341.22; 341.25; 341.27; 341.28, subdivision 2, by adding a subdivision; 341.32,
subdivision 2; 341.321; 462.39, by adding a subdivision; 462A.21, subdivision
8b; 462A.33, subdivision 3; 469.021; 469.334; 471.471, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 116O; 154; 179; 181; 181A;
182; 325E; 326; proposing coding for new law as Minnesota Statutes, chapter
326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4;
16C.18, subdivision 2; 176.042; 183.375, subdivision 5; 183.545, subdivision 9;
268.035, subdivision 9; 326.241; 326.44; 326.45; 326.52; 326.64; 326.975.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.2JOBS, ECONOMIC DEVELOPMENT, HOUSING AND MINNESOTA
2.3HERITAGE APPROPRIATIONS SUMMARY
2.5 The amounts shown in this section summarize direct appropriations, by fund, made
2.6in this act.
|Section 1. SUMMARY OF APPROPRIATIONS.
2.14 The sums shown in the columns marked "Appropriations" are appropriated to the
2.15agencies and for the purposes specified in this act. The appropriations are from the general
2.16fund, or another named fund, and are available for the fiscal years indicated for each
2.17purpose. The figures "2008" and "2009" used in this act mean that the appropriations
2.18listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
2.19respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
2.20"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
2.21June 30, 2007, are effective the day following final enactment.
|Sec. 2. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 3. EMPLOYMENT AND ECONOMIC
|Subdivision 1.Total Appropriation
3.1The amounts that may be spent for each
3.2purpose are specified in the following
|Appropriations by Fund
|Subd. 2.Business and Community
3.9(a) (1) $250,000 the first year and $250,000
3.10the second year are from the general fund
3.11for a grant under Minnesota Statutes,
116J.421, to the Rural Policy and
3.13Development Center at St. Peter, Minnesota.
3.14The grant shall be used for research and
3.15policy analysis on emerging economic and
3.16social issues in rural Minnesota, to serve as
3.17a policy resource center for rural Minnesota
3.18communities, to encourage collaboration
3.19across higher education institutions to
3.20provide interdisciplinary team approaches
3.21to research and problem-solving in rural
3.22communities, and to administer overall
3.23operations of the center.
3.24(2) The grant shall be provided upon the
3.25condition that each state-appropriated
3.26dollar be matched with a nonstate dollar.
3.27Acceptable matching funds are nonstate
3.28contributions that the center has received and
3.29have not been used to match previous state
3.30grants. Any unencumbered balance in the
3.31first year is available for the second year.
3.32(b) $250,000 the first year and $250,000
3.33the second year are from the general fund
3.34for a grant to WomenVenture for women's
3.35business development programs.
4.1(c) $250,000 the first year is for a grant to
4.2University Enterprise Laboratories (UEL)
4.3for its direct and indirect expenses to support
4.4efforts to encourage the growth of early-stage
4.5and emerging bioscience companies. UEL
4.6must provide a report by June 30 each year
4.7to the commissioner on the expenditures
4.8until the appropriation is expended. This is a
4.9onetime appropriation and is available until
4.11(d) $2,000,000 the first year is for grants
4.12under Minnesota Statutes, section 116J.571,
4.13for the redevelopment grant program. This is
4.14a onetime appropriation.
4.15(e) $100,000 the first year and $100,000 the
4.16second year are to help small businesses
4.17access federal funds through the federal
4.18Small Business Innovation Research Program
4.19and the federal Small Business Technology
4.20Transfer Program. Department services
4.21must include maintaining connections to
4.2211 federal programs, assessment of specific
4.23funding opportunities, review of funding
4.24proposals, referral to specific consulting
4.25services, and training workshops throughout
4.26the state. Unless prohibited by federal law,
4.27the department must implement fees for
4.28services that help companies seek federal
4.29Phase II Small Business Innovation Research
4.30grants. The recommended fee schedule
4.31must be reported to the chairs of the house
4.32of representatives finance committee and
4.33senate budget division with jurisdiction over
4.34economic development by February 1, 2008.
5.1(f) $100,000 the first year and $100,000
5.2the second year are appropriated to the
5.3Public Facilities Authority for the small
5.4community wastewater treatment program
5.5under Minnesota Statutes, chapter 446A.
5.6(g) $255,000 the first year and $155,000
5.7the second year are from the general fund
5.8for a grant to the Metropolitan Economic
5.9Development Association for continuing
5.10minority business development programs in
5.11the metropolitan area.
5.12(h) $85,000 the first year and $85,000 the
5.13second year are for grants to the Minnesota
5.14Inventors Congress. Of this amount, $10,000
5.15each year is for the Student Inventors
5.17(i) $151,000 the first year is for a onetime
5.18grant to the city of Faribault to design,
5.19construct, furnish, and equip renovations to
5.20accommodate handicapped accessibility at
5.21the Paradise Center for the Arts.
5.22(j) $750,000 each year is to Minnesota
5.23Technology, Inc. for the small business
5.24growth acceleration program established
5.25under Minnesota Statutes, section
5.26This is a onetime appropriation.
5.27(k) $300,000 the first year is for a onetime
5.28grant to the city of Northome for the
5.29construction of a new municipal building to
5.30replace the structures damaged by fire on
5.31July 22, 2006. This appropriation is available
5.32when the commissioner determines that a
5.33sufficient match is available from nonstate
5.34sources to complete the project.
6.1(l) $250,000 the first year and $250,000
6.2the second year are for a technology and
6.3commercialization unit established in this
6.4act. This is a onetime appropriation and is
6.5available until expended.
6.6(m) $300,000 the first year is for a grant to the
6.7city of Worthington for an agricultural-based
6.8bioscience training and testing center. Funds
6.9appropriated under this section must be used
6.10to provide a training and testing facility for
6.11incubator firms developing new agricultural
6.12processes and products. This is a onetime
6.13appropriation and is available until expended.
6.14(n) $1,000,000 the first year is for a onetime
6.15grant to BioBusiness Alliance of Minnesota
6.16for bioscience business development
6.17programs to promote and position the state
6.18as a global leader in bioscience business
6.19activities. These funds may be used for:
6.20(1) completion and periodic updating of
6.21a statewide bioscience business industry
6.22assessment of business technology
6.23enterprises and Minnesota's competitive
6.24position employing annual updates to federal
6.25industry classification data;
6.26(2) long-term strategic planning that includes
6.27projections of market changes resulting
6.28from developments in biotechnology and the
6.29development of 20-year goals, strategies, and
6.30identified objectives for renewable energy,
6.31medical devices, biopharma, and biologics
6.32business development in Minnesota;
6.33(3) the design and construction of a
6.34Minnesota focused bioscience business
6.35model to test competing strategies and
7.1scenarios, evaluate options, and forecast
7.3(4) creation of a bioscience business
7.4resources network that includes development
7.5of a statewide bioscience business economic
7.6development framework to encourage
7.7bioscience business development and
7.8encourage spin-off activities, attract
7.9bioscience business location or expansion in
7.10Minnesota, and establish a local capability to
7.11support strategic system level planning for
7.12industry, government, and academia.
7.13This appropriation is available until June 30,
7.15(o) $325,000 is for a grant to the Walker
7.16Area Community Center, Inc., to construct,
7.17furnish, and equip the Walker Area
7.18Community Center. This appropriation is
7.19not available until the commissioner has
7.20determined that an amount sufficient to
7.21complete the project has been committed
7.22from nonstate sources. This is a onetime
7.23appropriation and is available until expended.
7.24(p) $100,000 the first year is for a grant
7.25to the Pine Island Economic Development
7.26Authority for predesign to upgrade and
7.27extend utilities to serve Elk Run Bioscience
7.28Research Park and The Falls - Healthy
7.29Living By Nature, an integrated medicine
7.30facility. This is a onetime appropriation and
7.31is available until expended.
7.32(q) $350,000 the first year is for a grant
7.33to Thomson Township for infrastructure
7.34improvements for the industrial park. This
8.1is a onetime appropriation and is available
8.3(r) $75,000 the first year is for a grant to
8.4Le Sueur County for the cost of cleaning
8.5up debris from lakes in Le Sueur County,
8.6caused by the August 24, 2006, tornado in
8.7southern Le Sueur County. This is a onetime
8.8appropriation and is available until expended.
8.9(s) $75,000 the first year is for a grant to
8.10the city of Warroad for new public facilities
8.11to replace those damaged or destroyed
8.12by the August 2006 tornado, including
8.13approximately 28 new street lights and
8.14underground electrical circuits and a new
8.15fish cleaning house. This is a onetime
8.16appropriation and is available until expended.
8.17If an appropriation for this purpose is enacted
8.18more than once in the 2007 session, the
8.19appropriation is effective only once.
8.20(t) $500,000 the first year is for a grant to
8.21the Upper Sioux Community to improve the
8.22current water system to ensure continuity
8.23of service to the entire population of the
8.24community and to meet the demands of the
8.25community expansion over the next 20 years.
8.26The is a onetime appropriation and is not
8.27available until the Public Facilities Authority
8.28has determined that at least $1,000,000 has
8.29been committed from nonstate sources. This
8.30appropriation is available until expended.
8.31(u) $500,000 the second year is for bioscience
8.32business development and commercialization
8.33grants. The commissioner shall designate an
8.34evaluation team to accept grant applications,
8.35review and evaluate grant proposals, and
9.1select up to five grant proposals to receive
9.2funding each year. The evaluation team
9.3shall be comprised of not more than 12
9.4members including: the commissioner or the
9.5commissioner's designee; representatives of
9.6bioscience businesses; public and private
9.7institutions of higher education; private
9.8investment companies; a nonprofit entity
9.9that qualifies as a 501(c)6 under the Internal
9.10Revenue Code and is a trade association
9.11representing the life sciences industry;
9.12and a bio business alliance that qualifies
9.13as a 501(c)3 under the Internal Revenue
9.14Code. The criteria used by the evaluation
9.15team in evaluating grant proposals must
9.16include, but is not limited to: the potential
9.17to create and sustain jobs within the state
9.18of Minnesota; the potential for long-term
9.19business activity, growth, and expansion
9.20in Minnesota; the level of technological
9.21maturity; the potential to attract private
9.22investment; and the availability and readiness
9.23of markets. The commissioner must report
9.24to the standing committees of the house
9.25of representatives and the senate having
9.26jurisdiction over bioscience and technology
9.27issues by February 1 each year on the
9.28number, type, and amounts of grants awarded
9.29and the activities of the grant recipients. This
9.30is a onetime appropriation and is available
9.32All data contained in a grant application
9.33and evaluations of a grant application are
9.34classified as nonpublic data, as defined in
9.35section 13.02, subdivision 9, or private data
9.36on individuals, as defined in section 13.02,
10.1subdivision 12. The grant applicant's name,
10.2address, and amount requested are classified
10.3as public data. When a grant is approved, the
10.4commissioner shall release the following in a
10.5manner that does not disclose the nonpublic
10.6or private data: a description of the problem
10.7presented by the applicant, how the applicant
10.8proposes to resolve the problem, and for
10.9what the grant will be used.
10.10The commissioner may share nonpublic
10.11or private data contained in a grant
10.12application with the grant evaluation team
10.13and outside experts consulted by the grant
10.14evaluation team. Prior to sharing the data,
10.15the commissioner must obtain a signed
10.16nondisclosure agreement from each member
10.17of the grant evaluation team and any outside
10.18expert providing consultation to the team.
10.19The nondisclosure agreement must prohibit
10.20the use or dissemination of any of the
10.21nonpublic or private data outside of the grant
10.23The grant evaluation team and any outside
10.24experts consulted by the grant evaluation
10.25team are subject to the penalties and remedies
10.26provided in sections 13.08 and 13.09.
10.27(v) $755,000 the first year is for the urban
10.28challenge grant program under Minnesota
10.29Statutes, section 116M.18. This is a onetime
10.31(w) $1,100,000 is for a grant to the
10.32Neighborhood Development Center for
10.33assistance necessary to retain minority
10.34business enterprises at the Global Market.
11.1This is a onetime appropriation and is
11.2available until expended.
11.3(x) $350,000 the first year is for a onetime
11.4grant to the city of Inver Grove Heights
11.5to reduce debt on the Inver Grove Heights
11.6Veterans Memorial Community Center.
11.7(y) $14,900,000 the first year is for the
11.8Minnesota minerals 21st century fund created
11.9in Minnesota Statutes, section 116J.423, to
11.10partially restore the money unallotted by the
11.11commissioner of finance in 2003 pursuant
11.12to Minnesota Statutes, section 16A.152.
11.13This appropriation may be used as provided
11.14in Minnesota Statutes, section 116J.423,
11.15subdivision 2. This appropriation is available
11.17(z) $2,500,000 the first year is for a grant to
11.18the city of St. Paul to be used to pay, redeem,
11.19or refund debt service costs incurred for the
11.20River Centre Campus.
11.21(aa) $147,000 each year is appropriated from
11.22the general fund to the commissioner of
11.23employment and economic development for
11.24grants of $49,000 to eligible organizations
11.25each year and for the purposes of this
11.26paragraph. Each state grant dollar must be
11.27matched with $1 of nonstate funds. Any
11.28balance in the first year does not cancel but
11.29is available in the second year. The base for
11.30these grants in fiscal years 2010 and 2011
11.31is $189,000 each year, with each eligible
11.32organization receiving a $63,000 grant each
11.34The commissioner of employment and
11.35economic development must make grants to
12.1organizations to assist in the development
12.2of entrepreneurs and small businesses.
12.3Three grants must be awarded to continue
12.4or to develop a program. One grant must
12.5be awarded to the Riverbend Center for
12.6Entrepreneurial Facilitation in Blue Earth
12.7County, and two to other organizations
12.8serving Faribault and Martin Counties. Grant
12.9recipients must report to the commissioner
12.10by February 1 of each year that the
12.11organization receives a grant with the
12.12number of customers served; the number of
12.13businesses started, stabilized, or expanded;
12.14the number of jobs created and retained; and
12.15business success rates. The commissioner
12.16must report to the house of representatives
12.17and senate committees with jurisdiction
12.18over economic development finance on the
12.19effectiveness of these programs for assisting
12.20in the development of entrepreneurs and
12.22(bb) $4,100,000 the first year is for grants
12.23under Minnesota Statutes, section 116J.8731,
12.24for the Minnesota investment fund program.
12.25Of this amount, up to $2,000,000 may
12.26be used for a legal reference office and
12.27data center facility, provided that the total
12.28capital investment in the facility is at least
12.29$60,000,000. This grant is not subject to
12.30grant limitations under Minnesota Statutes,
12.31section 116J.8731, subdivision 5. This is a
|Appropriations by Fund
|Subd. 3.Workforce Development
13.5(a) $6,785,000 the first year and $6,785,000
13.6the second year are from the general fund
13.7for the Minnesota job skills partnership
13.8program under Minnesota Statutes, sections
13.9116L.01 to 116L.17. If the appropriation for
13.10either year is insufficient, the appropriation
13.11for the other year is available for it. This
13.12appropriation does not cancel.
13.13(b) $455,000 the first year and $455,000 the
13.14second year are from the general fund for
13.15a grant under Minnesota Statutes, section
13.16116J.8747, to Twin Cities RISE! to provide
13.17training to hard-to-train individuals.
13.18(c) $1,375,000 each year is from
13.19the workforce development fund for
13.20Opportunities Industrialization Center
13.22(d) $5,614,000 each year is from the general
13.23fund and $6,920,000 each year is from the
13.24workforce development fund for extended
13.25employment services for persons with
13.26severe disabilities or related conditions under
13.27Minnesota Statutes, section 268A.15. Of this,
13.28$125,000 each year and in the base for fiscal
13.29years 2010 and 2011 is to supplement funds
13.30paid for wage incentives for the community
13.31support fund established in Minnesota Rules,
13.33(e) $1,650,000 the first year and $1,650,000
13.34the second year are from the general fund for
13.35grants for programs that provide employment
14.1support services to persons with mental
14.2illness under Minnesota Statutes, sections
14.3268A.13 and 268A.14. Up to $77,000 each
14.4year may be used for administrative and
14.6(f) $2,440,000 the first year and $2,440,000
14.7the second year are from the general
14.8fund for grants under Minnesota Statutes,
268A.11, for the eight centers
14.10for independent living. The base for this
14.11program is $2,190,000 each year in fiscal
14.12years 2010 and 2011. Money not expended
14.13the first year is available the second year.
14.14The commissioner must:
14.15(1) transfer $115,000 of federal independent
14.16living Part B rehabilitation services funds
14.17to the Minnesota Centers for Independent
14.18Living each year contingent upon the
14.19availability of federal funds under Title VII,
14.20Part B, of the Federal Rehabilitation Act of
14.211973 as amended under United States Code,
14.22title 29, section 711(c), and approved by the
14.23Statewide Independent Living Council;
14.24(2) replace federal Part B funds in the
14.25State Independent Living Council budget
14.26transferred under clause (1) with $115,000
14.27of Social Security Administration program
14.28income funds each year; and
14.29(3) provide an additional $185,000 each year
14.30from the Social Security Administration
14.31program income to the Minnesota Centers for
14.32Independent Living to be allocated equally
14.33among the eight centers.
14.34Additional funding for centers for
14.35independent living under clauses (1) and (3)
15.1must be used for core independent living
15.2services by the Centers for Independent
15.3Living. The Statewide Independent Living
15.4Council framework for statewide distribution
15.5of state and federal funding to the Minnesota
15.6Centers for Independent Living does not
15.7apply to the funds under clauses (1) and
15.8(3). The commissioner must report on the
15.9transfers in clauses (1), (2), and (3), and any
15.10other effort to pursue additional funding for
15.11the Centers for Independent Living to the
15.12standing committees of the senate and house
15.13of representatives having jurisdiction over
15.14Centers for Independent Living by March 15
15.16(g) $5,940,000 the first year and $5,940,000
15.17the second year are from the general fund for
15.18state services for the blind activities.
15.19(h) $150,000 the first year and $150,000
15.20the second year are from the general fund
15.21and $175,000 the first year and $175,000
15.22the second year are from the workforce
15.23development fund for grants under Minnesota
15.24Statutes, section 268A.03, to Rise, Inc.
15.25for the Minnesota Employment Center for
15.26People Who are Deaf or Hard-of-Hearing.
15.27Money not expended the first year is
15.28available the second year.
15.29(i) $9,021,000 the first year and $9,021,000
15.30the second year are from the general fund for
15.31the state's vocational rehabilitation program
15.32for people with significant disabilities to
15.33assist with employment, under Minnesota
15.34Statutes, chapter 268A.
16.1(j) $350,000 the first year and $350,000
16.2the second year are from the workforce
16.3development fund for grants to provide
16.4interpreters for a regional transition program
16.5that specializes in providing culturally
16.6appropriate transition services leading to
16.7employment for deaf, hard-of-hearing, and
16.8deaf-blind students. This amount must be
16.9added to the department's base.
16.10(k) $150,000 the first year and $150,000 the
16.11second year are for a grant to Advocating
16.12Change Together for training, technical
16.13assistance, and resources materials to persons
16.14with developmental and mental illness
16.16(l) $250,000 the first year and $250,000
16.17the second year are from the workforce
16.18development fund and $150,000 the first
16.19year and $100,000 the second year are from
16.20the general fund for a grant to Lifetrack
16.21Resources for its immigrant and refugee
16.22collaborative programs, including those
16.23related to job-seeking skills and workplace
16.24orientation, intensive job development,
16.25functional work English, and on-site job
16.26coaching. $50,000 of the first year general
16.27fund appropriation is for a onetime pilot
16.28Lifetrack project in Rochester.
16.29(m) $575,000 the first year and $575,000
16.30the second year are from the general fund
16.31and $500,000 the first year and $500,000
16.32the second year are from the workforce
16.33development fund for the youthbuild
16.34program under Minnesota Statutes, sections
17.1116L.361 to 116L.366. This appropriation
17.2may be used for:
17.3(1) restoring the three youthbuild programs
17.4that were eliminated due to budget reductions
17.5and adding seven more youthbuild programs
17.7(2) restoring funding levels for all youthbuild
17.8programs plus an inflationary increase for
17.10(3) increasing the number of at-risk youth
17.11served by the youthbuild programs from 260
17.12youth per year to 500 youth per year; and
17.13(4) restoring the youthbuild focus on careers
17.14in technology and adding a youthbuild focus
17.15on careers in the medical field.
17.16(n) $1,325,000 each year is from the
17.17workforce development fund for grants
17.18to fund summer youth employment in
17.19Minneapolis. The grants shall be used to
17.20fund up to 500 jobs for youth each summer.
17.21Of this appropriation, $325,000 each year is
17.22for a grant to the learn-to-earn summer youth
17.23employment program. The commissioner
17.24shall establish criteria for awarding the
17.25grants. This appropriation is available in
17.26either year of the biennium and is available
17.28(o) $600,000 the first year and $600,000
17.29the second year are from the workforce
17.30development fund for a grant to the city of
17.31St. Paul for grants to fund summer youth
17.32employment in St. Paul. The grants shall be
17.33used to fund up to 500 jobs for youth each
17.34summer. The commissioner shall establish
17.35criteria for awarding the grants within the
18.1city of St. Paul. This appropriation is
18.2available in either year of the biennium and
18.3is available until spent.
18.4(p) $250,000 the first year and $250,000 the
18.5second year are from the general fund for
18.6grants to Northern Connections in Perham
18.7to implement and operate a pilot workforce
18.8program that provides one-stop supportive
18.9services to individuals as they transition into
18.11(q) $100,000 each year is for a grant to
18.12Ramsey County Workforce Investment Board
18.13for the development of the building lives
18.14program. This is a onetime appropriation.
18.15(r) $150,000 each year is for a grant to the
18.16Hennepin-Carver Workforce Investment
18.17Board (WIB) to coordinate with the Partners
18.18for Progress Regional Skills Consortium
18.19to provide employment and training as
18.20demonstrated by the Twin Cities regional
18.21health care training partnership project.
18.22(s) $160,000 the first year is for a onetime
18.23grant to Workforce Development, Inc., for
18.24a pilot project to provide demand-driven
18.25employment and training services to
18.26welfare recipients and other economically
18.27disadvantaged populations in Mower,
18.28Freeborn, Dodge, and Steele Counties.
18.29(t) $200,000 the first year and $200,000 the
18.30second year are from the general fund for
18.31a grant to HIRED to operate its industry
18.32sector training initiatives, which provide
18.33employee training developed in collaboration
18.34with employers in specific, high-demand
19.1(u) $100,000 the first year is for a onetime
19.2grant to a nonprofit organization. The
19.3nonprofit organization must work on behalf
19.4of all licensed vendors to coordinate their
19.5efforts to respond to solicitations or other
19.6requests from private and governmental units
19.7as defined in Minnesota Statutes, section
19.8471.59, subdivision 1, in order to increase
19.9employment opportunities for persons with
19.11(v) $3,500,000 each year from the workforce
19.12development fund is for the Minnesota youth
19.13program under Minnesota Statutes, sections
19.14116L.56 and 116L.561.
19.15(w) $1,000,000 each year from the workforce
19.16development fund is for a grant to the
19.17Minnesota Alliance of Boys and Girls
19.18Clubs to administer a statewide project
19.19of youth job skills development. This
19.20project, which may have career guidance
19.21components, including health and life skills,
19.22is to encourage, train, and assist youth in
19.23job-seeking skills, workplace orientation,
19.24and job site knowledge through coaching.
19.25This grant requires a 25 percent match from
19.27(x) $10,000 the first year is for a study on
19.28ways to promote employment opportunities
19.29for minorities, with a particular focus on
19.30opportunities for African Americans, in
19.31the state of Minnesota. The study should
19.32focus on how to significantly expand the job
19.33training available to minorities and promote
19.34substantial increases in the wages paid to
19.35minorities, at least to a rate well above living
20.1wage, and within several years, to equality.
20.2The commissioner must report on the study
20.3to the governor and the chair of the finance
20.4committee in each house of the legislature
20.5that has jurisdiction over employment by
20.6January 15, 2008, with recommendations for
20.7implementing the findings.
20.8(y) The commissioner must provide funding
20.9for the Minnesota Conservation Corps to
20.10provide learning stipends for deaf students
20.11and wages for interpreters participating in
20.12the MCC summer youth program.
|Appropriations by Fund
20.14The first $1,450,000 deposited in each
20.15year of the biennium and in each year of
20.16subsequent bienniums into the contingent
20.17account created under Minnesota Statutes,
20.18section 268.196, subdivision 3, shall be
20.19transferred by June 30 of each fiscal year
20.20to the workforce development fund created
20.21under Minnesota Statutes, section 116L.20.
20.22Deposits in excess of $1,450,000 shall be
20.23transferred by June 30 of each fiscal year to
20.24the general fund.
|Subd. 4.State-Funded Administration
20.26(a) To develop maximum private sector
20.27involvement in tourism, $500,000 the first
20.28year and $500,000 the second year must
20.29be matched by Explore Minnesota Tourism
20.30from nonstate sources. Each $1 of state
20.31incentive must be matched with $3 of private
20.32sector funding. Cash match is defined as
20.33revenue to the state or documented cash
20.34expenditures directly expended to support
21.1Explore Minnesota Tourism programs. Up
21.2to one-half of the private sector contribution
21.3may be in-kind or soft match. The incentive
21.4in the first year shall be based on fiscal
21.5year 2007 private sector contributions as
21.6prescribed in Laws 2005, First Special
21.7Session chapter 1, article 3, section 6. The
21.8incentive increase in the second year will
21.9be based on fiscal year 2008 private sector
21.10contributions. This incentive is ongoing.
21.11Funding for the marketing grants is available
21.12either year of the biennium. Unexpended
21.13grant funds from the first year are available
21.14in the second year.
21.15Any unexpended money from the general
21.16fund appropriations made under this section
21.17does not cancel but must be placed in a
21.18special marketing account for use by Explore
21.19Minnesota Tourism for additional marketing
21.21(b) $325,000 the first year and $325,000 the
21.22second year are for the Minnesota Film and
21.23TV Board. The appropriation in each year
21.24is available only upon receipt by the board
21.25of $1 in matching contributions of money or
21.26in-kind contributions from nonstate sources
21.27for every $3 provided by this appropriation.
21.28(c) $650,000 the first year and $650,000
21.29the second year are appropriated for a grant
21.30to the Minnesota Film and TV Board for
21.31the film jobs production program under
21.32Minnesota Statutes, section 116U.26. These
21.33appropriations are available in either year
21.34of the biennium and are available until
22.1(d) $150,000 the first year is for a onetime
22.2grant to St. Louis County to be used for
22.3feasibility studies and planning activities
22.4concerning additional uses for the St. Louis
22.5County Heritage and Arts Center at the
22.6Duluth depot. The studies and planning
22.7activities must include:
22.8(1) examining the costs and benefits of
22.9relocating the Northeast Minnesota Office of
22.10Tourism to the Duluth depot;
22.11(2) establishing a heritage tourism center at
22.12the Duluth depot;
22.13(3) developing a multimodal operational plan
22.14integrating railroad and bus service; and
22.15(4) identifying additional services and
22.16activities that would contribute toward
22.17returning the Duluth depot to being a
22.18working railroad station and cultural gateway
22.19to Duluth and St. Louis County.
22.20This appropriation is available until
|Sec. 4. EXPLORE MINNESOTA TOURISM
|Sec. 5. HOUSING FINANCE AGENCY
22.24The amounts that may be spent for each
22.25purpose are specified in the following
22.27This appropriation is for transfer to the
22.28housing development fund for the programs
22.29specified. Except as otherwise indicated, this
22.30transfer is part of the agency's permanent
|Subdivision 1.Total Appropriation
23.1For the economic development and housing
23.2challenge program under Minnesota Statutes,
462A.33, for housing that:
23.4(1) conserves energy and utilizes sustainable,
23.5healthy building materials;
23.6(2) preserves sensitive natural areas and
23.7open spaces and minimizes the need for new
23.9(3) is accessible to jobs and services through
23.10integration with transportation or transit
23.12(4) expands the mix of housing choices in
23.13a community by diversifying the levels of
23.15The agency may fund demonstration projects
23.16that have unique approaches to achieving the
23.17housing described in clauses (1) to (4).
|Subd. 2.Challenge Program
23.19For deposit in the housing trust fund account
23.20created under Minnesota Statutes, section
23.21462A.201, and used for the purposes
23.22provided in that section.
|Subd. 3.Housing Trust Fund
23.24For a rental housing assistance program for
23.25persons with a mental illness or families with
23.26an adult member with a mental illness under
23.27Minnesota Statutes, section
23.28agency must not reduce the funding under
|Subd. 4.Rental Assistance for Mentally Ill
23.31For family homeless prevention and
23.32assistance programs under Minnesota
462A.204. Any balance in
24.1the first year does not cancel but is available
24.2in the second year.
|Subd. 5.Family Homeless Prevention
24.4For the home ownership assistance program
24.5under Minnesota Statutes, section 462A.21,
|Subd. 6.Home Ownership Assistance Fund
24.8For the affordable rental investment fund
24.9program under Minnesota Statutes, section
24.10462A.21, subdivision 8b.
24.11This appropriation is to finance the
24.12acquisition, rehabilitation, and debt
24.13restructuring of federally assisted rental
24.14property and for making equity take-out
24.15loans under Minnesota Statutes, section
24.16462A.05, subdivision 39.
24.17The owner of the federally assisted rental
24.18property must agree to participate in
24.19the applicable federally assisted housing
24.20program and to extend any existing
24.21low-income affordability restrictions on the
24.22housing for the maximum term permitted.
24.23The owner must also enter into an agreement
24.24that gives local units of government,
24.25housing and redevelopment authorities,
24.26and nonprofit housing organizations the
24.27right of first refusal if the rental property
24.28is offered for sale. Priority must be given
24.29among comparable federally assisted rental
24.30properties to properties with the longest
24.31remaining term under an agreement for
24.32federal rental assistance. Priority must also
24.33be given among comparable rental housing
24.34developments to developments that are or
24.35will be owned by local government units, a
25.1housing and redevelopment authority, or a
25.2nonprofit housing organization.
25.3This appropriation also may be used to
25.4finance the acquisition, rehabilitation, and
25.5debt restructuring of existing supportive
25.6housing properties. For purposes of this
25.7subdivision, "supportive housing" means
25.8affordable rental housing with links to
25.9services necessary for individuals, youth, and
25.10families with children to maintain housing
25.12Of this amount, $2,500,000 is appropriated
25.13for the purposes of financing the
25.14rehabilitation and operating costs to preserve
25.15public housing. For purposes of this
25.16subdivision, "public housing" is housing for
25.17low-income persons and households financed
25.18by the federal government and owned and
25.19operated by public housing authorities and
25.20agencies. Eligible public housing authorities
25.21must have a public housing assessment
25.22system rating of standard or above. Priority
25.23among comparable proposals must be given
25.24to proposals that maximize federal or local
25.25resources to finance the capital and operating
|Subd. 7.Affordable Rental Investment Fund
25.29For the housing rehabilitation and
25.30accessibility program under Minnesota
462A.05, subdivisions 14a
|Subd. 8.Housing Rehabilitation and
25.34For the urban Indian housing program
25.35under Minnesota Statutes, section 462A.07,
26.1subdivision 15. The base is reduced by
26.2$7,000 each year in fiscal year 2010 and
26.3fiscal year 2011.
|Subd. 9.Urban Indian Housing Program
26.5For the tribal Indian housing program
26.6under Minnesota Statutes, section 462A.07,
26.7subdivision 14. The base is reduced by
26.8$179,000 each year in fiscal year 2010 and
26.9fiscal year 2011.
|Subd. 10.Tribal Indian Housing Program
26.12For the home ownership education,
26.13counseling, and training program under
26.14Minnesota Statutes, section
|Subd. 11.Home Ownership Education,
Counseling, and Training
26.16For nonprofit capacity building grants
26.17under Minnesota Statutes, section
26.18subdivision 3b. The base is reduced by
26.19$90,000 each year in fiscal year 2010 and
26.20fiscal year 2011.
|Subd. 12.Capacity Building Grants
|Sec. 6. LABOR AND INDUSTRY
|Subdivision 1.Total Appropriation
26.30The amounts that may be spent for each
26.31purpose are specified in the following
|Appropriations by Fund
27.1This appropriation is from the workers'
27.3Up to $200,000 the first year and up to
27.4$200,000 the second year are for grants
27.5to the Vinland Center for rehabilitation
27.6services. The grants shall be distributed as
27.7the department refers injured workers to
27.8the Vinland Center to receive rehabilitation
|Subd. 2.Workers' Compensation
27.11This appropriation is from the workers'
27.13$500,000 the first year and $500,000
27.14the second year are from the workers'
27.15compensation fund for patient safe handling
27.16grants under Minnesota Statutes, section
27.17182.6553. This is a onetime appropriation
27.18and is available until expended.
|Subd. 3.Safety Codes and Services
|Subd. 4.Labor Standards/Apprenticeship
27.24The appropriation from the workforce
27.25development fund is for the apprenticeship
27.26program under Minnesota Statutes, chapter
27.27178, and includes $100,000 each year for
27.28labor education and advancement program
27.30$360,000 the first year and $300,000 the
27.31second year from the general fund are for
27.32prevailing wage enforcement of which
27.33$60,000 in the first year is for outreach and
27.34survey participation improvements.
|Appropriations by Fund
28.2This appropriation is from the workers'
|Subd. 5.General Support
|Sec. 7. BUREAU OF MEDIATION
28.7The amounts that may be spent for each
28.8purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Mediation Services
28.13$150,000 the first year and $150,000
28.14the second year are for grants to area
28.15labor-management committees. Grants may
28.16be awarded for a 12-month period beginning
28.17July 1 of each year. Any unencumbered
28.18balance remaining at the end of the first
28.19year does not cancel but is available for the
|Subd. 3.Labor Management Cooperation
28.23This appropriation is from the workers'
|Sec. 8. WORKERS' COMPENSATION
COURT OF APPEALS
|Sec. 9. MINNESOTA HISTORICAL
28.28The amounts that may be spent for each
28.29purpose are specified in the following
28.30subdivisions. Of the appropriations,
28.31$500,000 the first year and $500,000 the
28.32second year are for increased building lease
29.1costs. These amounts are added to the
|Subdivision 1.Total Appropriation
29.4(a) Of this amount, $750,000 the first year is
29.5a onetime appropriation for the Minnesota
29.6Sesquicentennial Commission. Of this
29.7appropriation, $325,000 is for competitive
29.8matching grants for local events and projects;
29.9$325,000 is for planning and support of
29.10statewide activities, and up to $100,000 may
29.11be used for administration.
29.12The Minnesota Historical Society, the State
29.13Arts Board, and Explore Minnesota Tourism
29.14may assist the commission in designing and
29.15implementing the grants program.
29.16The commission shall encourage private
29.17contributions to match the state funds to the
29.18greatest extent possible. Any gifts, pledges,
29.19membership fees, or contributions received
29.20by the commission are appropriated to the
29.22(b) $500,000 the first year is for a grant-in-aid
29.23program for county and local historical
29.24societies. The Minnesota Historical Society
29.25shall establish program guidelines and
29.26grant evaluation and award criteria for the
29.27program. Each dollar of state funds awarded
29.28to a grantee must be matched with nonstate
29.29funds on a dollar-for-dollar basis by a
29.30grantee. This is a onetime appropriation and
29.31is available until expended.
29.32(c) Notwithstanding Minnesota Statutes,
29.33section 138.668, the Minnesota Historical
29.34Society may not charge a fee for its general
30.1tours at the Capitol, but may charge fees for
30.2special programs other than general tours.
|Subd. 2.Education and Outreach
30.4(a) $250,000 the first year is to conduct
30.5a conservation survey and for restoration,
30.6treatment, moving, and storage of the 1905
30.7historic furnishings and works of art in the
30.8Minnesota State Capitol. This is a onetime
30.9appropriation and is available until expended.
30.10(b) $150,000 the first year is for the
30.11preservation of battle flags. This is a onetime
30.12appropriation and is available until expended.
30.13(c) Funds may be reallocated between
30.14paragraphs (a) and (b) for the purpose of
30.15maximizing federal funds.
|Subd. 3.Preservation and Access
|Subd. 4.Fiscal Agent
|(a) Minnesota International Center
|(b) Minnesota Air National Guard Museum
|(c) Minnesota Military Museum
30.22Any unencumbered balance remaining in
30.23this subdivision the first year does not cancel
30.24but is available for the second year of the
30.26(f) $75,000 the first year is for a onetime
30.27grant to the Nicollet County Historical
30.28Society for renovation of the center exhibit
30.29gallery in the Treaty Site History Center in
30.30St. Peter, including additions to the center's
30.31infrastructure and state-of-the-art interpretive
30.32elements. This appropriation is available
31.1(g) $75,000 the first year is for a grant to
31.2the Hmong Studies Center at Concordia
31.3University in St. Paul, Minnesota, to be
31.4used for preservation of Hmong historical
31.5artifacts and documents. Any part of the
31.6appropriation not used in fiscal year 2008 is
31.7available for use in fiscal year 2009. This is
31.8a onetime appropriation and is available until
31.10(h) $75,000 the first year and $75,000 the
31.11second year are for a grant to the city of
31.12Eveleth to be used for the support of the
31.13Hockey Hall of Fame Museum provided
31.14that it continues to operate in the city. This
31.15grant is in addition to and must not be
31.16used to supplant funding under Minnesota
31.17Statutes, section 298.28, subdivision 9c. This
31.18appropriation is added to the society's base
|(e) Balances Forward
31.21The Minnesota Historical Society may
31.22reallocate funds appropriated in and between
31.23subdivisions 2 and 3 for any program
|Subd. 5.Fund Transfer
31.26The Minnesota Historical Society in
31.27cooperation with Explore Minnesota Tourism
31.28shall establish and coordinate a Minnesota
31.29River Valley study group. The Minnesota
31.30River Valley study group shall be comprised
31.31of representatives of the Minnesota Valley
31.32Scenic Byway Alliance, the Department
31.33of Natural Resources, the Department
31.34of Transportation, the Minnesota Indian
31.35Affairs Council, the Region 6 West, Region
32.16 East, Region 8 and Region 9 Regional
32.2Development Commissions, the Minnesota
32.3Historical Society, Explore Minnesota
32.4Tourism, State Arts Board, and other
32.5interested parties. The study group must
32.6develop a plan for coordinated activities
32.7among organizations represented on the
32.8study group to enhance and promote historic
32.9sites, and historic, scenic, and natural
32.10features of the Minnesota River Valley
32.11area. Study topics shall include, but are
32.12not limited to, historic sites related to the
32.13Dakota Conflict of 1862 and the state and
32.14local preparations for the sesquicentennial of
32.15this event. The Minnesota Historical Society
32.16and Explore Minnesota Tourism shall report
32.17on the findings and recommendations of
32.18the Minnesota River Valley study group to
32.19the standing committees of the house of
32.20representatives and senate with jurisdiction
32.21over historic sites and tourism by March 1,
32.222008. The Minnesota River Valley study
32.23group shall serve without compensation.
|Subd. 6.Minnesota River Valley Study Group
|Sec. 10. BOARD OF THE ARTS
32.26If the appropriation for either year is
32.27insufficient, the appropriation for the other
32.28year is available.
32.29The amounts that may be spent for each
32.30purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Operations and Services
33.1The base for this program is $6,477,000 each
33.2year in the 2010-2011 biennium.
|Subd. 3.Grants Program
|Subd. 4.Regional Arts Councils
|Sec. 11. BOARD OF ACCOUNTANCY
|Sec. 12. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
GEOSCIENCE, AND INTERIOR DESIGN
|Sec. 13. BOARD OF BARBER AND
33.13This is a onetime appropriation to transition
33.14the commission to being a self-funded entity.
|Sec. 14. MINNESOTA BOXING
33.17Of this amount, ten percent each year is
33.18for lifelong learning programs in greater
33.19Minnesota communities that do not
33.20receive financial support from other large
33.21educational institutions. The base budget
33.22for the Minnesota Humanities Commission
33.23is $250,000 each year in the 2010-2011
33.26The commissioner of labor and industry shall
33.27transfer $1,627,000 by June 30, 2008, and
33.28$1,515,000 by June 30, 2009, and each year
33.29thereafter, from the construction code fund to
33.30the general fund.
33.31Of the balance remaining in Laws 2005, First
33.32Special Session chapter 1, article 3, section
34.12, subdivision 2, for the methamphetamine
34.2laboratory cleanup revolving loan fund,
34.3$100,000 is for transfer to the small
34.4community wastewater treatment account
34.5established in Minnesota Statutes, section
34.6446A.075, subdivision 1.
|Sec. 15. MINNESOTA HUMANITIES
34.8EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS
Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a
subdivision to read:
34.11 Subd. 5. Data from safety and education programs for loggers. The following
34.12data collected from persons who attend safety and education programs or seminars for
34.13loggers established or approved by the commissioner under section 176.130, subdivision
34.1411, is public data:
34.15 (1) the names of the individuals attending the program or seminar;
34.16 (2) the names of each attendee's employer;
34.17 (3) the city where the employer is located;
34.18 (4) the date the program or seminar was held; and
34.19 (5) a description of the seminar or program.
Sec. 2. Minnesota Statutes 2006, section 16B.61, subdivision 1a, is amended to read:
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,
inspection fees, and surcharges
for public buildings and state licensed
Fees and surcharges for public buildings and state licensed facilities must be
34.26 remitted to the commissioner, who shall deposit them in the state treasury for credit to
34.27 the special revenue fund.
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
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
Sec. 3. Minnesota Statutes 2006, section 16B.65, subdivision 1, is amended to read:
Subdivision 1. Designation.
By January 1, 2002,
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
into the state treasury and credited to the special revenue fund to the commissioner
Sec. 4. Minnesota Statutes 2006, section 16B.65, subdivision 5a, is amended to read:
Subd. 5a. Administrative action and penalties.
The commissioner shall, by rule,
establish a graduated schedule of administrative actions for violations of sections
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
and rules adopted under those sections. The penalty is in addition to
any criminal penalty imposed for the same violation.
Administrative monetary penalties
35.33 imposed by the commissioner must be paid to the special revenue fund.
Sec. 5. Minnesota Statutes 2006, section 16B.70, subdivision 2, is amended to read:
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.
All money collected by the
36.14 commissioner through surcharges and other fees prescribed by sections
36.15 shall be deposited in the state government special revenue fund and is appropriated to the
36.16 commissioner for the purpose of administering and enforcing the State Building Code
36.17 under sections
Sec. 6. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
Subdivision 1. Grant account.
A contaminated site cleanup and development
grant account is created in the general fund. Money in the account may be used, as
appropriated by law, to make grants as provided in section
and to pay for the
commissioner's costs in reviewing applications and making grants. Notwithstanding
, money appropriated to the account for this program from any source
for four years until spent
Sec. 7. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
Subd. 2. Qualifying sites.
A site qualifies for a grant under this section, if the
following criteria are met:
(1) the site is not scheduled for funding during the current or next fiscal year under
the Comprehensive Environmental Response, Compensation, and Liability Act, United
States Code, title 42, section 9601, et seq. or under the Environmental Response, and
Liability Act under sections
(2) the appraised value of the site after adjusting for the effect on the value of the
36.33 presence or possible presence of contaminants using accepted appraisal methodology, or
36.34 the current market value of the site as issued under section
273.121 , separately taking into
37.1 account the effect of the contaminants on the market value, (i) is less than 75 percent of
37.2 the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup
37.3 costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and
37.4 (3) (2)
if the proposed cleanup is completed, it is expected that the site will be
improved with buildings or other improvements and these improvements will provide a
substantial increase in the property tax base within a reasonable period of time or the site
will be used for an important publicly owned or tax-exempt facility.
Sec. 8. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
Subdivision 1. Priorities.
(a) The legislature expects that applications for grants
will exceed the available appropriations and the agency will be able to provide grants to
only some of the applicant development authorities.
(b) If applications for grants for qualified sites exceed the available appropriations,
the agency shall make grants for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred and that meet all the
requirements provided by law. In making this judgment, the commissioner shall consider
the following factors:
(1) the recommendations or ranking of projects by the commissioner of the Pollution
Control Agency regarding the potential threat to public health and the environment that
would be reduced or eliminated by completion of each of the response action plans;
(2) the potential increase in the property tax base of the local taxing jurisdictions,
considered relative to the fiscal needs of the jurisdictions, that will result from
developments that will occur because of completion of each of the response action plans;
(3) the social value to the community of the cleanup and redevelopment of the site,
including the importance of development of the proposed public facilities on each of
(4) the probability that each site will be cleaned up without use of government
money in the reasonably foreseeable future by considering but not limited to the current
37.28market value of the site versus the cleanup cost
(5) the amount of cleanup costs for each site; and
(6) the amount of the commitment of municipal or other local resources to pay for
the cleanup costs.
The factors are not listed in a rank order of priority; rather the commissioner may
weigh each factor, depending upon the facts and circumstances, as the commissioner
considers appropriate. The commissioner may consider other factors that affect the net
return of public benefits for completion of the response action plan. The commissioner,
notwithstanding the listing of priorities and the goal of maximizing the return of public
benefits, shall make grants that distribute available money to sites both within and outside
of the metropolitan area. The commissioner shall provide a written statement of the
supporting reasons for each grant. Unless sufficient applications are not received for
qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
as grants must be made for sites located outside of the metropolitan area.
Sec. 9. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
Subdivision 1. Commissioner discretion.
The commissioner may make a grant for
up to 50 percent of the eligible costs of a project. The determination of whether to make a
grant for a site is within the discretion of the commissioner, subject to this section and
and available unencumbered money in the redevelopment
If the commissioner determines that the applications for grants for projects in
38.13 greater Minnesota are less than the amount of grant funds available, the commissioner
38.14 may make grants for projects anywhere in Minnesota.
The commissioner's decisions and
application of the priorities under this section are not subject to judicial review, except
for abuse of discretion.
Sec. 10. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
Subd. 1a. Priorities.
(a) If applications for grants exceed the available
appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred. "Public benefits" include
job creation, bioscience development, environmental benefits to the state and region,
efficient use of public transportation, efficient use of existing infrastructure, provision of
affordable housing, multiuse development that constitutes community rebuilding rather
than single-use development, crime reduction, blight reduction, community stabilization,
and property tax base maintenance or improvement. In making this judgment, the
commissioner shall give priority to redevelopment projects with one or more of the
(1) the need for redevelopment in conjunction with contamination remediation needs;
(2) the redevelopment project meets current tax increment financing requirements
for a redevelopment district and tax increments will contribute to the project;
(3) the redevelopment potential within the municipality;
(4) proximity to public transit if located in the metropolitan area;
38.33 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
39.1 (5) (6)
multijurisdictional projects that take into account the need for affordable
housing, transportation, and environmental impact.
(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
commissioner may weigh each factor, depending upon the facts and circumstances, as
the commissioner considers appropriate. The commissioner may consider other factors
39.6that affect the net return of public benefits for completion of the redevelopment plan. The
39.7commissioner, notwithstanding the listing of priorities and the goal of maximizing the
39.8return of public benefits, shall make grants that distribute available money to sites both
39.9within and outside of the metropolitan area. Unless sufficient applications are not received
39.10for qualifying sites outside of the metropolitan area, at least 50 percent of the money
39.11provided as grants must be made for sites located outside of the metropolitan area.
Sec. 11. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
Subdivision 1. Generally.
(a) The commissioner shall promote, develop, and
facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
addition to the powers granted by section
, the commissioner may:
(1) locate, develop, and promote international markets for Minnesota products
(2) arrange and lead trade missions to countries with promising international markets
for Minnesota goods, technology, services, and agricultural products;
(3) promote Minnesota products and services at domestic and international trade
(4) organize, promote, and present domestic and international trade shows featuring
Minnesota products and services;
(5) host trade delegations and assist foreign traders in contacting appropriate
Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather and provide information
to assist them in locating and communicating with international trading or joint venture
(7) provide information, education, and counseling services to Minnesota businesses
regarding the economic, commercial, legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade leads and information
about the availability and sources of services relating to international trade, such as
export financing, licensing, freight forwarding, international advertising, translation, and
(9) locate, attract, and promote foreign direct investment and business development
in Minnesota to enhance employment opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to locate facilities in
Minnesota information regarding sources of governmental, legal, real estate, financial, and
(11) enter into contracts or other agreements with private persons and public entities,
including agreements to establish and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting international trade and attracting
investment from foreign countries to Minnesota and to carry out this section, without
regard to section
(12) market trade-related materials to businesses and organizations, and the proceeds
of which must be placed in a special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.
(b) The programs and activities of the commissioner of employment and economic
development and the Minnesota Trade Division may not duplicate programs and activities
of the commissioner of agriculture.
(c) The commissioner shall notify the chairs of the senate Finance and house Ways
and Means Committees of each agreement under this subdivision to establish and maintain
an office or other type of representation in a foreign country.
40.20 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
40.21assistance to official visits by foreign government representatives and shall serve as liaison
40.22to the foreign diplomatic corps in Minnesota.
Sec. 12. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
40.25 Subd. 4. Workforce development intermediaries. "Workforce development
40.26intermediaries" means public, private, or nonprofit entities that provide employment
40.27services to low-income individuals and have a demonstrated track record bringing together
40.28employers and workers, private and public funding streams, and other stakeholders to
40.29implement pathways to career advancement for low-income individuals. Entities may
40.30include, but are not limited to, nonprofit organizations, educational institutions, or the
40.31administrative entity of a local workforce service area.
Sec. 13. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a. Pathways program.
The pathways program may provide grants-in-aid
for developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions or to workforce development intermediaries
for education and training
programs and services supporting education and training programs that serve eligible
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths for trainees;
(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and
(4) demonstrate the active participation of Department of Employment and
Economic Development workforce centers, Minnesota State College and University
institutions and other educational institutions, and local welfare agencies.
Pathways projects must demonstrate the active involvement and financial
commitment of private business. Pathways projects must be matched with cash or in-kind
contributions on at least a
ratio by participating private
A single grant to any one institution shall not exceed $400,000. A portion of a grant
may be used for preemployment training.
Sec. 14. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
Subdivision 1. Definitions.
(a) For the purposes of this section, the following terms
have the meanings given them in this subdivision.
(b) "Commissioner" means the commissioner of employment and economic
(c) "Dislocated worker" means an individual who is a resident of Minnesota at the
time employment ceased or was working in the state at the time employment ceased and:
(1) has been permanently separated or has received a notice of permanent separation
from public or private sector employment and is eligible for or has exhausted entitlement
to unemployment benefits, and is unlikely to return to the previous industry or occupation;
(2) has been long-term unemployed and has limited opportunities for employment
or reemployment in the same or a similar occupation in the area in which the individual
resides, including older individuals who may have substantial barriers to employment by
reason of age;
(3) has been terminated or has received a notice of termination of employment as a
42.4result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
has been self-employed, including farmers and ranchers, and is unemployed as a
result of general economic conditions in the community in which the individual resides or
because of natural disasters; or
is a displaced homemaker. A "displaced homemaker" is an individual who
has spent a substantial number of years in the home providing homemaking service and
(i) has been dependent upon the financial support of another; and now due to divorce,
separation, death, or disability of that person, must find employment to self support; or (ii)
derived the substantial share of support from public assistance on account of dependents
in the home and no longer receives such support.
To be eligible under this clause, the support must have ceased while the worker
resided in Minnesota.
(d) "Eligible organization" means a state or local government unit, nonprofit
organization, community action agency, business organization or association, or labor
(e) "Plant closing" means the announced or actual permanent shutdown of a single
site of employment, or one or more facilities or operating units within a single site of
(f) "Substantial layoff" means a permanent reduction in the workforce, which is
not a result of a plant closing, and which results in an employment loss at a single site
of employment during any 30-day period for at least 50 employees excluding those
employees that work less than 20 hours per week.
Sec. 15. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
Subdivision 1. Determination and collection of special assessment.
(a) In addition
to amounts due from an employer under the Minnesota unemployment insurance program,
each employer, except an employer making reimbursements is liable for a special
assessment levied at the rate of .10 percent per year
for calendar years 2006 and 2007
all taxable wages, as defined in section
268.035, subdivision 24
Beginning January 1,
42.32 2008, the special assessment shall be levied at a rate of .085 percent per year on all taxable
The assessment shall become due and be paid by each employer on the same
schedule and in the same manner as other amounts due from an employer under section
42.35268.051, subdivision 1
(b) The special assessment levied under this section shall be subject to the same
requirements and collection procedures as any amounts due from an employer under the
Minnesota unemployment insurance program.
Sec. 16. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
Subdivision 1. Designation of workforce service areas.
For the purpose of
administering federal, state, and local employment and training services, the commissioner
shall designate the geographic boundaries for workforce service areas in Minnesota.
The commissioner shall approve a request to be a workforce service area from:
(1) a home rule charter or statutory city with a population of 200,000 or more or a
county with a population of 200,000 or more; or
(2) a consortium of contiguous home rule charter or statutory cities or counties
with an aggregate population of 200,000 or more that serves a substantial part of one or
more labor markets.
The commissioner may approve a request to be a workforce service area from a
home rule charter or statutory city or a county or a consortium of contiguous home
rule charter or statutory cities or counties, without regard to population, that serves a
substantial portion of a labor market area.
The commissioner shall make a final designation of workforce service areas within
the state after consulting with local elected officials and the governor's Workforce
Development Council. Existing service delivery areas designated under the federal Job
Training Partnership Act shall be initially designated as workforce service areas providing
that no other petitions are submitted by local elected officials.
The commissioner may redesignate workforce service areas, upon the advice of
43.24the affected local elected officials,
no more frequently than every two years. These
redesignations must be made not later than four months before the beginning of a program
Sec. 17. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
Subd. 6a. Nonprofit corporation loans.
The board may make loans to a nonprofit
corporation with which it has entered into an agreement under subdivision 1. These
loans must be used to support a new or expanding business. This support may include
such forms of financing as the sale of goods to the business on installment or deferred
payments, lease purchase agreements, or royalty investments in the business. The interest
43.33rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
43.34the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
44.1nonprofit corporation may charge a loan origination fee equal to or less than one percent
44.2of the loan value. The nonprofit corporation may retain the amount of the origination fee.
The nonprofit corporation must provide at least an equal match to the loan received by the
board. The maximum loan available to the nonprofit corporation under this subdivision is
$50,000. Loans made to the nonprofit corporation under this subdivision may be made
without interest. Repayments made by the nonprofit corporation must be deposited in the
revolving fund created for urban initiative grants.
Sec. 18. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
44.10 Subdivision 1. Establishment; purpose. The small business growth acceleration
44.11program is established. The purpose of the program is to (1) help qualified companies
44.12implement technology and business improvements; and (2) bridge the gap between
44.13standard market pricing for technology and business improvements and what qualified
44.14companies can afford to pay.
44.15 Subd. 2. Qualified company. A company is qualified to receive assistance under
44.16the small business growth acceleration program if it is a manufacturing company or a
44.17manufacturing-related service company that employs 100 or fewer full-time equivalent
44.19 Subd. 3. Applications for assistance. A company seeking assistance under the
44.20small business growth acceleration program must file an application according to the
44.21requirements of the corporation. A company's application for small business growth
44.22acceleration program assistance must include documentation of the company's overall plan
44.23for technology and business improvement and prioritize the components of the overall
44.24plan. The application must also document the company's need for small business growth
44.25acceleration program funds in order to carry forward the highest priority components of
44.27 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
44.28procedures for determining which applicants for assistance under the small business
44.29growth acceleration program will receive program funding. Funding shall be awarded
44.30only to accelerate a qualified company's adoption of needed technology or business
44.31improvements when the corporation concludes that it is unlikely the improvements could
44.32be accomplished in any other way.
44.33 (b) The maximum amount of funds awarded to a qualified company under the small
44.34business growth acceleration program for a particular project must not exceed 50 percent
44.35of the total cost of a project and must not under any circumstances exceed $25,000 during
45.1a calendar year. The corporation shall not award to a qualified company small business
45.2growth acceleration program funds in excess of $50,000 per year.
45.3 (c) Any funds awarded to a qualified company under the small business growth
45.4acceleration program must be used for business services and products that will enhance the
45.5operation of the company. These business services and products must come either directly
45.6from the corporation or from a network of expert providers identified and approved by
45.7the corporation. No company receiving small business growth acceleration program
45.8funds may use the funds for refinancing, overhead costs, new construction, renovation,
45.9equipment, or computer hardware.
45.10 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
45.11documented according to requirements of the corporation.
45.12 Subd. 5. Service agreements. The corporation shall enter a written service
45.13agreement with each company awarded funds under the small business growth acceleration
45.14program. Each service agreement shall clearly articulate the company's need for service,
45.15state the cost of the service, identify who will provide the service, and define the scope of
45.16the service that will be provided. The service agreement must also include an estimate
45.17of the financial impact of the service on the company and require the company to report
45.18the actual financial impact of the service to the corporation 24 months after the service is
45.20 Subd. 6. Reporting. The corporation shall report annually to the legislative
45.21committees with fiscal jurisdiction over the Department of Employment and Economic
45.23 (1) the funds awarded under the small business growth acceleration program during
45.24the past 12 months;
45.25 (2) the estimated financial impact of the funds awarded to each company receiving
45.26service under the program; and
45.27 (3) the actual financial impact of funds awarded during the past 24 months.
Sec. 19. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
45.29 Subdivision 1. Definition. For the purpose of this section, "employer" means an
45.30employer in the meatpacking industry.
45.31 Subd. 2. Right to adequate equipment. An employer must furnish its employees
45.32with equipment to safely perform their jobs under OSHA standards.
45.33 Subd. 3. Information provided to employee by employer. (a) An employer
45.34must provide an explanation in an employee's native language of the employee's rights
46.1and duties as an employee either person to person or through written materials that, at a
46.3 (1) a complete description of the salary and benefits plans as they relate to the
46.5 (2) a job description for the employee's position;
46.6 (3) a description of leave policies;
46.7 (4) a description of the work hours and work hours policy; and
46.8 (5) a description of the occupational hazards known to exist for the position.
46.9 (b) The explanation must also include information on the following employee rights
46.10as protected by state or federal law and a description of where additional information
46.11about those rights may be obtained:
46.12 (1) the right to organize and bargain collectively and refrain from organizing and
46.14 (2) the right to a safe workplace; and
46.15 (3) the right to be free from discrimination.
46.16 Subd. 4. Commissioner duties. The commissioner of labor and industry in
46.17consultation with the commissioner of human rights must develop and implement a
46.18strategy to assist employers in providing adequate notice and education to employees of
46.19their rights under this section. The commissioner shall assign the duty to implement
46.20the strategy to a specific identified position in the department. The position, along with
46.21contact information, must be included on printed materials the department prepares and
46.22distributes to carry out the commissioner's duties under this section.
Sec. 20. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
Subd. 3. Other duties.
(a) The commissioner shall:
(1) provide mediation services as requested by the parties until the parties reach
agreement, and may continue to assist parties after they have submitted their final
positions for interest arbitration;
(2) issue notices, subpoenas, and orders required by law to carry out duties under
(3) assist the parties in formulating petitions, notices, and other papers required to
be filed with the commissioner;
(4) conduct elections;
(5) certify the final results of any election or other voting procedure conducted
(6) adopt rules relating to the administration of this chapter and the conduct of
hearings and elections;
(7) receive, catalogue, file, and make available to the public all decisions of
arbitrators and panels authorized by sections
, all grievance arbitration
decisions, and the commissioner's orders and decisions;
(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
179A.20, subdivision 4
, that is available to any employee in a unit not covered by
a contractual grievance procedure;
(9) maintain a schedule of state employee classifications or positions assigned to
each unit established in section
179A.10, subdivision 2
(10) collect fees established by rule for empanelment of persons on the labor
arbitrator roster maintained by the commissioner or in conjunction with fair share fee
challenges. Arbitrator application fees will be $100 per year for initial applications and
47.14renewals effective July 1, 2007
(11) provide technical support and assistance to voluntary joint labor-management
committees established for the purpose of improving relationships between exclusive
representatives and employers, at the discretion of the commissioner;
(12) provide to the parties a list of arbitrators as required by section
(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
representatives for the resolution of grievance or interest disputes. Each person on the
list must be knowledgeable about collective bargaining and labor relations in the public
sector, well versed in state and federal labor law, and experienced in and knowledgeable
about labor arbitration. To the extent practicable, the commissioner shall appoint members
to the list so that the list is gender and racially diverse.
(b) From the names provided by representative organizations, the commissioner
shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
according to section
. The persons on the list must meet at least
one of the following requirements:
(1) be a former or retired judge;
(2) be a qualified arbitrator on the list maintained by the bureau;
(3) be a present, former, or retired administrative law judge; or
(4) be a neutral individual who is learned in the law and admitted to practice in
Minnesota, who is qualified by experience to conduct these hearings, and who is without
bias to either party.
Each year, education Minnesota shall provide a list of up to 14 names and the
Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
The commissioner may adopt rules about maintaining and updating the list.
Sec. 21. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
48.5PRESENCE OF LIQUOR.
48.6 No minor under the age of 18 shall be employed in any rooms constituting the place
48.7in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
48.8tasks involving the serving, dispensing, or handling of such liquors that are consumed on
48.9the premises except that:
48.10 (1) minors who have reached the age of 16 may be employed to perform busing,
48.11dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or
48.12resort where the presence of intoxicating liquor is incidental to food service or preparation;
48.13 (2) minors who have reached the age of 16 may be employed to perform busing,
48.14dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas
48.15where the presence of 3.2 percent malt liquor is incidental to food service or preparation;
48.16 (3) minors who have reached the age of 16 may be employed to provide musical
48.17entertainment in those rooms or areas where the presence of intoxicating liquor and
48.18percent malt liquor is incidental to food service or preparation; and
48.19 (4) minors are not prevented from working at tasks which are not prohibited by law
48.20in establishments where liquor is sold, served, dispensed, or handled in those rooms or
48.21areas where no liquor is consumed or served.
Sec. 22. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
Subd. 2. Legislative findings and purpose.
The legislature finds that the burden on
employers and employees of this state resulting from personal injuries and illnesses arising
out of work situations is substantial; that the prevention of these injuries and illnesses is an
important objective of the government of this state; that the greatest hope of attaining this
objective lies in programs of research and education, and in the earnest cooperation of
government, employers and employees; and that a program of regulation and enforcement
is a necessary supplement to these more basic programs.
The legislature declares it to be its purpose and policy through the exercise of its
powers to assure so far as possible every worker in the state of Minnesota safe and
healthful working conditions and to preserve our human resources by:
(a) authorizing the Occupational Safety and Health Advisory Council to advise,
consult with or recommend on any matters relating to the Minnesota occupational
safety and health plan to the commissioner of labor and industry and by authorizing the
commissioner of labor and industry to promulgate and enforce mandatory occupational
safety and health standards applicable to employers and employees in the state of
(b) encouraging employers and employees to increase their efforts to reduce the
number of occupational safety and health hazards at their places of employment, and to
stimulate employers and employees to institute new and to perfect existing programs for
providing safe and healthful working conditions;
(c) providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving safe and healthful working conditions;
(d) providing for research in the field of occupational safety and health; including
the psychological factors involved, and by developing innovative methods, techniques,
and approaches for dealing with occupational safety and health problems;
(e) exploring ways to discover latent diseases, establishing causal connections
between diseases and work in environmental conditions, and conducting other research
relating to health problems, in recognition of the fact that occupational health standards
present problems often different from those involved in occupational safety;
(f) utilizing advances already made by federal laws and regulations providing safe
and healthful working conditions;
(g) providing criteria which will assure insofar as practicable that no employee
will suffer diminished health, functional capacity, or life expectancy as a result of work
(h) providing an effective enforcement program which shall include locating
49.24enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
49.25injuries, and complaints and
a prohibition against giving advance notice of an inspection
and sanctions for any individual violating this prohibition;
(i) providing for appropriate reporting procedures with respect to occupational
safety and health, which procedures will help achieve the objectives of this chapter and
accurately describe the nature of the occupational safety and health problem;
(j) encouraging joint labor-management efforts to reduce injuries and diseases
arising out of employment;
(k) providing consultation to employees and employers which will aid them in
complying with their responsibilities under this chapter where such consultation does not
interfere with the effective enforcement of this chapter; and
(l) providing for training programs to increase the number and competence of
personnel engaged in the field of occupational safety and health.
Sec. 23. [182.6551] CITATION.
50.2 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
Sec. 24. [182.6552] DEFINITIONS.
50.4 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
50.5individual doing the job of directly providing physical care to patients including nurses, as
50.6defined by section 148.171, who provide physical care to patients.
50.7 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
50.8section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
50.9subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
50.10 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
50.11scientific evidence on causes of injuries, that uses safe patient handling equipment rather
50.12than people to transfer, move, and reposition patients in all health care facilities to reduce
50.13workplace injuries. This process also reduces the risk of injury to patients.
50.14 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
50.15means engineering controls, lifting and transfer aids, or mechanical assistive devices used
50.16by nurses and other direct patient care workers instead of manual lifting to perform the
50.17acts of lifting, transferring, and repositioning health care facility patients and residents.
Sec. 25. [182.6553] SAFE PATIENT HANDLING PROGRAM.
50.19 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
50.20every licensed health care facility in the state shall adopt a written safe patient handling
50.21policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
50.22manual lifting of patients by nurses and other direct patient care workers by utilizing
50.23safe patient handling equipment.
50.24 (b) The program shall address:
50.25 (1) assessment of hazards with regard to patient handling;
50.26 (2) the acquisition of an adequate supply of appropriate safe patient handling
50.28 (3) initial and ongoing training of nurses and other direct patient care workers on
50.29the use of this equipment;
50.30 (4) procedures to ensure that physical plant modifications and major construction
50.31projects are consistent with program goals; and
50.32 (5) periodic evaluations of the safe patient handling program.
50.33 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
50.34health care facility in the state shall establish a safe patient handling committee either by
51.1creating a new committee or assigning the functions of a safe patient handling committee
51.2to an existing committee.
51.3 (b) Membership of a safe patient handling committee or an existing committee must
51.4meet the following requirements:
51.5 (1) at least half the members shall be nonmanagerial nurses and other direct patient
51.6care workers; and
51.7 (2) in a health care facility where nurses and other direct patient care workers
51.8are covered by a collective bargaining agreement, the union shall select the committee
51.9members proportionate to its representation of nonmanagerial workers, nurses, and other
51.10direct patient care workers.
51.11 (c) A health care organization with more than one covered health care facility may
51.12establish a committee at each facility or one committee to serve this function for all the
51.13facilities. If the organization chooses to have one overall committee for multiple facilities,
51.14at least half of the members of the overall committee must be nonmanagerial nurses and
51.15other direct patient care workers and each facility must be represented on the committee.
51.16 (d) Employees who serve on a safe patient handling committee must be compensated
51.17by their employer for all hours spent on committee business.
51.18 Subd. 3. Facilities with existing programs. A facility that has already adopted a
51.19safe patient handling policy that satisfies the requirements of subdivision 1, and established
51.20a safe patient handling committee by July 1, 2008, is considered to be in compliance
51.21with those requirements. The committee must continue to satisfy the requirements of
51.22subdivision 2, paragraph (b), on an ongoing basis.
51.23 Subd. 4. Committee duties. A safe patient handling committee shall:
51.24 (1) complete a patient handling hazard assessment that:
51.25 (i) considers patient handling tasks, types of nursing units, patient populations, and
51.26the physical environment of patient care areas;
51.27 (ii) identifies problems and solutions;
51.28 (iii) identifies areas of highest risk for lifting injuries; and
51.29 (iv) recommends a mechanism to report, track, and analyze injury trends;
51.30 (2) make recommendations on the purchase, use, and maintenance of an adequate
51.31supply of appropriate safe patient handling equipment;
51.32 (3) make recommendations on training of nurses and other direct patient care
51.33workers on use of safe patient handling equipment, initially when the equipment arrives at
51.34the facility and periodically afterwards;
51.35 (4) conduct annual evaluations of the safe patient handling implementation plan and
51.36progress toward goals established in the safe patient handling policy; and
52.1 (5) recommend procedures to ensure that, when remodeling of patient care areas
52.2occurs, the plans incorporate safe patient handling equipment or the physical space and
52.3construction design needed to accommodate safe patient handling equipment at a later date.
52.4 Subd. 5. Training materials. The commissioner shall make training materials on
52.5implementation of this section available to all health care facilities at no cost as part of the
52.6training and education duties of the commissioner under section 182.673.
52.7 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
52.8section 182.661. A violation of this section is subject to the penalties provided under
52.10 Subd. 7. Grant program. The commissioner may make grants to health care
52.11facilities to acquire safe patient handling equipment and for training on safe patient
52.12handling and safe patient handling equipment. Grants to any one facility may not exceed
52.13$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
52.14commissioner shall establish a grant application process. The commissioner may give
52.15priority for grants to facilities that demonstrate that acquiring safe patient handling
52.16equipment will impose a financial hardship on the facility. For health care facilities
52.17that provide evidence of hardship, the commissioner may waive the 50 percent match
52.18requirement and may grant such a facility more than $40,000. Health care facilities that
52.19the commissioner determines are experiencing hardship shall not be required to meet the
52.20safe patient handling requirements until July 1, 2012.
Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
52.23 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
52.24must ensure that the telephone system used for unemployment insurance benefits provides
52.25an option for any caller to speak to an unemployment insurance specialist. An individual
52.26who calls any of the publicized telephone numbers seeking information about applying for
52.27benefits or on the status of a claim must have the option to speak on the telephone to a
52.28specialist who can provide direct assistance or can direct the caller to the person or office
52.29that is able to respond to the caller's needs.
Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
Subd. 13. Supported employment. (a)
"Supported employment" means
employment of a person with a disability so severe that the person needs ongoing training
and support to get and keep a job in which:
(1) the person engages in paid work in a position removed from the service vendor's
site where individuals without disabilities who do not require public subsidies also may
(2) public funds are necessary to provide ongoing training and support services
throughout the period of the person's employment; and
(3) the person has the opportunity for social interaction with individuals who do not
have disabilities and who are not paid caregivers.
53.8 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
53.9then employment at that site may be considered supported employment.
Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
subdivision to read:
53.12 Subd. 14. Affirmative business enterprise employment. "Affirmative business
53.13enterprise employment" means employment which provides paid work on the premises of
53.14an affirmative business enterprise as certified by the commissioner.
53.15 Affirmative business enterprise employment is considered community employment
53.16for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
53.17that the wages for individuals reported must be at or above customary wages for the
53.18same employer. The employer must also provide one benefit package that is available to
Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
Subdivision 1. Appointment; membership.
Every city, town, county, nonprofit
corporation, or combination thereof establishing a rehabilitation facility shall appoint a
rehabilitation facility board of no fewer than
nine seven voting
members before becoming
eligible for the assistance provided by sections
. When any city,
town, or county singly establishes such a rehabilitation facility, the board shall be
appointed by the chief executive officer of the city or the chair of the governing board
of the county or town. When any combination of cities, towns, counties, or nonprofit
corporations establishes a rehabilitation facility, the chief executive officers of the cities,
nonprofit corporations, and the chairs of the governing bodies of the counties or towns
shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
facility, the corporation shall appoint the board of directors. Membership on a board
shall be representative of the community served and shall include a person with a
One-third to one-half of the board shall be representative of industry or
53.34 business. The remaining members should be representative of lay associations for persons
54.1 with a disability, labor, the general public, and education, welfare, medical, and health
54.2 professions. Nothing in sections
268A.15 shall be construed to preclude
54.3 the appointment of elected or appointed public officials or members of the board of
54.4 directors of the sponsoring nonprofit corporation to the board, so long as the representation
54.5 described above is preserved.
If a county establishes an extended employment program
and manages the program with county employees, the governing board shall be the county
board of commissioners, and other provisions of this chapter pertaining to membership on
the governing board do not apply.
Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
subdivision to read:
54.11 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
54.12premises of a rehabilitation facility may be certified as an integrated setting after a site
54.13review by the department.
Sec. 31. [325E.60] RESTROOM ACCESS.
54.15 Subdivision 1. Short title. This section may be cited as the Restroom Access Act.
54.16 Subd. 2. Definitions. For purposes of this section:
54.17 (a) "Customer" means an individual who is lawfully on the premises of a retail
54.19 (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other
54.20inflammatory bowel disease, irritable bowel syndrome, or any other medical condition
54.21that requires immediate access to a restroom facility.
54.22 (c) "Retail establishment" means a place of business open to the general public for
54.23the sale of goods or services. Retail establishment does not include a filling station or
54.24service station with a structure of 800 square feet or less that has an employee restroom
54.25facility located within that structure.
54.26 Subd. 3. Retail establishment; customer access to restroom facilities. A retail
54.27establishment that has a restroom facility for its employees shall allow a customer to
54.28use that facility during normal business hours if the restroom facility is reasonably safe
54.29and all of the following conditions are met:
54.30 (1) the customer requesting the use of the employee restroom facility suffers from an
54.31eligible medical condition or uses an ostomy device, provided that the existence of the
54.32condition or device is documented in writing by the customer's physician or a nonprofit
54.33organization whose purpose includes serving individuals who suffer from the condition;
55.1 (2) three or more employees of the retail establishment are working at the time the
55.2customer requests use of the employee restroom facility;
55.3 (3) the retail establishment does not normally make a restroom available to the
55.5 (4) the employee restroom facility is not located in an area where providing access
55.6would create an obvious health or safety risk to the customer or an obvious security risk
55.7to the establishment; and
55.8 (5) a public restroom is not immediately accessible to the customer.
55.9 Subd. 4. Liability. (a) A retail establishment or an employee of a retail
55.10establishment is not civilly liable for an act or omission in allowing a customer who
55.11claims to have an eligible medical condition to use an employee restroom facility that is
55.12not a public restroom if the act or omission:
55.13 (1) is not negligent;
55.14 (2) occurs in an area of the retail establishment that is not accessible to the public; and
55.15 (3) results in an injury to or death of the customer or an individual other than an
55.16employee accompanying the customer.
55.17 (b) This section does not require a retail establishment to make any physical changes
55.18to an employee restroom facility.
55.19 Subd. 5. Violation. For a first violation of this section, the city or county attorney
55.20shall issue a warning letter to the retail establishment or employee informing the
55.21establishment or employee of the requirements of this section. A retail establishment or an
55.22employee of a retail establishment that violates this section after receiving a warning letter
55.23is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50.
Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
55.26 Subd. 5. Local planning assistance. A regional development commission or,
55.27in regions not served by regional development commissions, a regional organization
55.28selected by the commissioner of employment and economic development, may develop a
55.29program to support planning on behalf of local units of government. The local planning
55.30must be related to issues of regional or statewide significance and may include, but is not
55.31limited to, the following:
55.32 (1) local planning and development assistance, which may include local zoning
55.33ordinances and land use plans;
56.1 (2) community or economic development plans, which may include workforce
56.2development plans, housing development plans and market analysis, JOBZ administration,
56.3grant writing assistance, and grant administration;
56.4 (3) environment and natural resources plans, which may include solid waste
56.5management plans, wastewater management plans, and renewable energy development
56.7 (4) rural community health services; and
56.8 (5) development of geographical information systems to serve regional needs,
56.9including hardware and software purchases and related labor costs.
56.10 Each regional development commission or organization shall submit to the
56.11commissioner of employment and economic development an annual work program
56.12that outlines the work items for the upcoming year and establishes the relationship of
56.13the work items to development issues of regional or statewide significance. The entity
56.14completing the annual work program and identifying the statewide development issues
56.15shall consider input from the Departments of Employment and Economic Development,
56.16Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
56.17appropriate to the issues.
Sec. 33. Minnesota Statutes 2006, section 469.334, is amended to read:
56.19469.334 DESIGNATION OF ZONE.
Subdivision 1. Commissioner to designate.
(a) The commissioner, in consultation
with the commissioner of revenue and the director of the Office of Strategic and
one or more
biotechnology and health sciences
industry zones. Priority must be given to applicants with a development plan that links a
higher education/research institution with a biotechnology and health sciences industry
(b) The commissioner may consult with the applicant prior to the designation of the
zone. The commissioner may modify the development plan, including the boundaries
of the zone or subzones, if in the commissioner's opinion a modified plan would better
meet the objectives of the biotechnology and health sciences industry zone program. The
commissioner shall notify the applicant of the modifications and provide a statement of
the reasons for the modifications.
Subd. 2. Need indicators.
(a) In evaluating applications to determine the need for
designation of a biotechnology and health sciences industry zone, the commissioner shall
consider the following factors as indicators of need:
(1) the extent to which land in proximity to a significant scientific research institution
could be developed as a higher and better use for biotechnology and health sciences
(2) the amount of property in or near the zone that is deteriorated or underutilized;
(3) the extent to which property in the area would remain underdeveloped or
nonperforming due to physical characteristics.
(b) The commissioner may require applicants to provide data to demonstrate how
the area meets one or more of the indicators of need.
Subd. 3. Success indicators.
In determining the likelihood of success of a proposed
zone, the commissioner shall consider:
(1) applicants that show a viable link between a higher education/research institution,
the biotechnology and/or medical devices business sectors, and one or more units of
local government with a development plan;
(2) the extent to which the area has substantial real property with adequate
infrastructure and energy to support new or expanded development;
(3) the strength and viability of the proposed development goals, objectives, and
strategies in the development plan;
(4) whether the development plan is creative and innovative in comparison to
(5) local public and private commitment to development of a biotechnology and
health sciences industry facility or facilities in the proposed zone and the potential
cooperation of surrounding communities;
(6) existing resources available to the proposed zone;
(7) how the designation of the zone would relate to other economic and community
development projects and to regional initiatives or programs;
(8) how the regulatory burden will be eased for biotechnology and health sciences
industry facilities located in the proposed zone;
(9) proposals to establish and link job creation and job training in the biotechnology
and health sciences industry with research/educational institutions; and
(10) the extent to which the development is directed at encouraging, and that
designation of the zone is likely to result in, the creation of high-paying jobs.
Subd. 4. Designation schedule.
(a) The schedule in paragraphs (b) to (e) applies to
the designation of the first biotechnology and health sciences industry zone.
(b) The commissioner shall publish the form for applications and any procedural,
form, or content requirements for applications by no later than August 1, 2003. The
commissioner may publish these requirements on the Internet, in the State Register, or by
any other means the commissioner determines appropriate to disseminate the information
to potential applicants for designation.
(c) Applications must be submitted by October 15, 2003.
(d) The commissioner shall designate the zones by no later than December 31, 2003.
(e) The designation of the zones takes effect January 1, 2004.
(f) Additional zones may be designated in later years,
following substantially the
58.8 same application and designation process as provided in paragraphs (b) to (e) only after
58.9the commissioner of employment and economic development has established criteria for
58.10expanding the number of zones. The criteria must limit designating a new zone to a
58.11community that has adequate resources and infrastructure to support bioindustry, including
58.12postsecondary institutions, strong health care systems, and existing bioscience companies.
58.13It must also require that a new zone be located on a transportation corridor
Sec. 34. WORKFORCE ENHANCEMENT FEE.
58.15 If the commissioner of employment and economic development determines that
58.16the need for services under the dislocated worker program substantially exceeds the
58.17resources that will be available for the program, the commissioner may increase the
58.18special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
58.19more than .12 percent of taxable wages.
Sec. 35. FEDERAL PROCUREMENT LIAISON.
58.21 The commissioner of employment and economic development must establish and
58.22operate a technology and commercialization unit in the Department of Employment and
58.23Economic Development. Appropriation for this purpose must be used to: coordinate
58.24public and private efforts to procure federal funding for collaborative research and
58.25development projects of primary benefit to small- and medium-sized businesses; promote
58.26contractual relationships between Minnesota businesses who, as recipients of federal
58.27grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess
58.28the research and development capabilities of small- and medium-sized businesses;
58.29undertake referral activities to link Minnesota companies with federal requests for
58.30proposal opportunities; and develop a framework for Minnesota companies to establish
58.31sole-sourcing relationships with federal agencies.
58.32 The commissioner must report to the committees in the house of representatives and
58.33the senate having jurisdiction over bioscience and technology issues on the activities of
58.34the technology and commercialization unit by June 30 of each year.
Sec. 36. WORKING GROUP ON STATE ROLE IN TRADE POLICY.
59.2 Subdivision 1. Work group members. The Department of Employment and
59.3Economic Development must convene a working group to develop recommendations for
59.4establishing policies and procedures regarding the role of the state in federal trade policy
59.5and trade agreements. The working group must be comprised of 17 members as follows:
59.6 (1) the governor or his designee;
59.7 (2) the commissioner of the Department of Employment and Economic Development
59.8or his designee;
59.9 (3) the commissioner of the Department of Agriculture or his designee;
59.10 (4) the commissioner of the Department of Administration or his designee;
59.11 (5) the attorney general or her designee;
59.12 (6) two members of the Minnesota senate one of whom is appointed by the senate
59.13majority leader and one appointed by the minority leader;
59.14 (7) two members of the Minnesota house of representatives, one of whom is
59.15appointed by the speaker and one appointed by the minority leader;
59.16 (8) two members designated by the Minnesota AFL-CIO;
59.17 (9) two members representing labor organizations other than the AFL-CIO with one
59.18to be appointed by the speaker of the Minnesota house of representatives and one to be
59.19appointed by the majority leader of the Minnesota senate;
59.20 (10) two members designated by the Minnesota Chamber of Commerce; and
59.21 (11) two members representing business organizations other than the Minnesota
59.22Chamber of Commerce appointed by the governor.
59.23 The Department of Employment and Economic Development must provide
59.24administrative support to the working group.
59.25 Subd. 2. Duties; responsibilities. The working group may obtain input from other
59.26state and federal agencies as appropriate and may conduct public hearings to allow input
59.27from interested stakeholders. The working group must:
59.28 (1) determine the state's jurisdiction regarding federal trade policy and trade
59.30 (2) assess the state's current policies, procedures, roles and responsibilities for
59.31providing advice and consent on federal trade policy and trade agreements;
59.32 (3) review the current means through which the state interacts with the Office of
59.33the United States Trade Representative (USTR) and Congress regarding trade policy and
59.35 (4) inventory the federal trade policies and trade agreements that the state of
59.36Minnesota has formally approved or signed on to;
60.1 (5) examine trade policy models established by other states;
60.2 (6) develop recommendations for defining responsibilities and procedures for the
60.3state's role in federal trade policy and trade agreements; and
60.4 (7) prepare legislative recommendations to implement the recommendations of
60.5the working group.
60.6 The working group must report its findings and recommendations to the governor
60.7and the legislature by December 1, 2007.
Sec. 37. STUDY; SAFE PATIENT HANDLING.
60.9 (a) The commissioner of labor and industry shall study ways to require workers'
60.10compensation insurers to recognize compliance with Minnesota Statutes, section
60.11182.6553, in the workers' compensation premiums of health care and long-term care
60.12facilities. The commissioner shall report by January 15, 2008, the results of the study
60.13to the chairs of the policy committees of the legislature with primary jurisdiction over
60.14workers' compensation issues.
60.15 (b) By January 15, 2008, the commissioner must make recommendations to the
60.16legislature regarding funding sources available to health care facilities for safe patient
60.17handling programs and equipment, including, but not limited to, low interest loans, interest
60.18free loans, and federal, state, or county grants.
Sec. 38. WORK GROUP; SAFE PATIENT HANDLING.
60.20 The Minnesota State Council on Disability shall convene a work group comprised
60.21of representatives from the Minnesota Medical Association and other organizations
60.22representing clinics, disability advocates, and direct care workers, to do the following:
60.23 (1) assess the current options for and use of safe patient handling equipment in
60.24unlicensed outpatient clinics, physician offices, and dental settings;
60.25 (2) identify barriers to the use of safe patient handling equipment in these settings;
60.27 (3) define clinical settings that move patients to determine applicability of the Safe
60.28Patient Handling Act.
60.29 The work group must report to the legislature by January 15, 2008, including
60.30reports to the chairs of the senate and house of representatives committees on workforce
Sec. 39. EFFECT ON RULES.
61.1 The commissioner of labor and industry shall amend Minnesota Rules, part
61.25200.0910, to conform to Minnesota Statutes, section 181A.115. The commissioner
61.3may use the good cause exemption in Minnesota Statutes, section
14.388, in adopting
61.4the amendment required by this section.
Sec. 40. PUBLIC FACILITIES AUTHORITY FUNDING.
61.6 To the greatest practical extent, projects on the Public Facilities Authority's 2007
61.7intended use plan, the listings for which were based on the Pollution Control Agency's
61.82006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
61.9qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
61.10section 21, that could not be certified by the Pollution Control Agency by the applicable
61.11deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
61.12issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
61.13obtain the required certification from the Pollution Control Agency.
Sec. 41. REPEALER.
61.15(a) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision
61.162; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; and 326.64,
61.18(b) Minnesota Statutes 2006, section 326.975, is repealed effective December
Section 1. Minnesota Statutes 2006, section 16B.63, subdivision 5, is amended to read:
Subd. 5. Interpretative authority.
To achieve uniform and consistent application
of the State Building Code, the
state building official commissioner
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
. 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
61.30for which the commissioner has final interpretative authority
A request The Plumbing
61.31Board has final interpretative authority applicable to the state Plumbing Code and shall
61.32review requests for final interpretation made to the board that relate to the state plumbing
61.33code. The Board of Electricity has final interpretative authority applicable to the state
62.1Electrical Code and shall review requests for final interpretation made to the board that
62.2relate to the state Electrical Code. The Board of High Pressure Piping Systems has final
62.3interpretative authority applicable to the state High Pressure Piping Code and shall review
62.4requests for final interpretation made to the board that relate to the state high pressure
62.5piping code. Except for requests for final interpretations that relate to the state plumbing
62.6code, the state Electrical Code, and the state High Pressure Piping Code, requests
interpretation must come from a local or state level building code board of appeals. The
state building official commissioner
must establish procedures for membership of the final
interpretative committees. The appropriate committee shall review the request and make
a recommendation to the
state building official commissioner
for the final interpretation
within 30 days of the request. The
state building official commissioner
an a final
interpretation within ten business days
from after the receipt of
the recommendation from
review final interpretative
A The Plumbing Board, the Board of Electricity,
62.14or the Board of High Pressure Piping Systems shall review a request and issue a final
62.15interpretation within 30 days of the request. Any person aggrieved by
be appealed appeal
within 30 days of its issuance
16B.67 or the board in accordance with chapter 14
. 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
state building official commissioner
until the final interpretations are considered by
62.21the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High
62.22Pressure Piping Systems
for adoption as part of the State Building Code, state Plumbing
62.23Code, state Electrical Code, or the High Pressure Piping Code
Sec. 2. Minnesota Statutes 2006, section 154.003, is amended to read:
(a) The fees collected, as required in this chapter, chapter 214, and the rules of the
board, shall be paid to the executive secretary of the board. The executive secretary shall
deposit the fees in the general fund in the state treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $65;
(2) examination and certificate, apprentice, $60;
(3) examination, instructor, $160;
(4) certificate, instructor, $45;
(5) temporary teacher or apprentice permit, $50;
(6) renewal of license, registered barber, $50;
(7) renewal of license, apprentice, $45;
(8) renewal of license, instructor, $60;
(9) renewal of temporary teacher permit, $35;
(10) student permit, $25;
(11) initial shop registration, $60;
(12) initial school registration, $1,010;
(13) renewal shop registration, $60;
(14) renewal school registration, $260;
(15) restoration of registered barber license, $75;
(16) restoration of apprentice license, $70;
(17) restoration of shop registration, $85;
(18) change of ownership or location, $35;
(19) duplicate license, $20;
(20) home study course, $75; and
63.15 (21) registration of hair braiders, $20 per year
Sec. 3. [154.465] HAIR BRAIDING.
63.17 Subdivision 1. Registration. Any person engaged in hair braiding solely for
63.18compensation as a profession, except persons licensed as cosmetologists, shall register
63.19with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
63.20by the board.
63.21 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
63.22results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
63.23locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
63.24fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
63.25hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
63.26includes what is commonly known as "African-style hair braiding" or "natural hair care"
63.27but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
63.28Hair braiding includes the making of customized wigs from natural hair, natural fibers,
63.29synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
63.30as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
63.31involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
63.32chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
63.33or chemical hair bleaching agents applied to growing human hair. For purposes of this
63.34section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
64.1rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
64.2are required solely for hair braiding.
64.3 Subd. 3. Requirements. In order to qualify for initial registration, any person
64.4engaged in hair braiding solely for compensation as a profession, except persons licensed
64.5as cosmetologists, shall satisfactorily complete instruction at either an accredited school,
64.6professional association, or by an individual approved by the board. Instruction includes
64.7coursework covering the topics of health, safety, sanitation, and state laws related to
64.8cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in
64.9a foreign language format and such availability shall be reported to and posted by the
64.10Minnesota Board of Barber and Cosmetology Examiners.
64.11 Subd. 4. Curriculum. An accredited school, professional association, or an
64.12individual approved by the board desiring to provide the coursework required under
64.13subdivision 3 shall have curriculum in place by January 1, 2008.
64.14EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
64.15effective the day following final enactment.
Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
Subdivision 1. Examination of records.
The commissioner may enter during
reasonable office hours or upon request and inspect the place of business or employment of
any employer of employees working in the state, to examine and inspect books, registers,
payrolls, and other records of any employer that in any way relate to wages, hours, and
other conditions of employment of any employees. The commissioner may transcribe any
or all of the books, registers, payrolls, and other records as the commissioner deems
necessary or appropriate and may question the employees to ascertain compliance with
. The commissioner may investigate wage claims or
complaints by an employee against an employer if the failure to pay a wage may violate
Minnesota law or an order or rule of the department.
Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
Subd. 4. Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections
, or with
any rule promulgated under section
. The department shall serve the order upon
the employer or the employer's authorized representative in person or by certified mail
at the employer's place of business. An employer who wishes to contest the order must
file written notice of objection to the order with the commissioner within 15 calendar
days after being served with the order. A contested case proceeding must then be held
in accordance with sections
. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.
Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
Subd. 8. Court actions; suits brought by private parties.
An employee may bring
a civil action seeking redress for a violation or violations of sections
directly to district court. An employer who pays an employee less than the wages
and overtime compensation to which the employee is entitled under sections
is liable to the employee for the full amount of the wages, gratuities, and
overtime compensation, less any amount the employer is able to establish was actually
paid to the employee and for an additional equal amount as liquidated damages. In
addition, in an action under this subdivision the employee may seek damages and other
appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
between the employee and the employer to work for less than the applicable wage is not
a defense to the action.
Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
Subd. 9. District court jurisdiction.
Any action brought under subdivision 8 may
be filed in the district court of the county wherein a violation or violations of sections
are alleged to have been committed, where the respondent resides
or has a principal place of business, or any other court of competent jurisdiction. The
action may be brought by one or more employees.
Sec. 8. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
Subd. 10. Attorney fees and costs.
In any action brought pursuant to subdivision 8,
the court shall order an employer who is found to have committed a violation or violations
to pay to the employee or employees reasonable costs,
disbursements, witness fees, and attorney fees.
Sec. 9. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
Subdivision 1. General authority.
The commissioner may adopt rules, including
definitions of terms, to carry out the purposes of sections
prevent the circumvention or evasion of those sections, and to safeguard the minimum
wage and overtime rates established by sections
Sec. 10. Minnesota Statutes 2006, section 177.30, is amended to read:
66.2177.30 KEEPING RECORDS; PENALTY.
Every employer subject to sections
must make and keep a
(1) the name, address, and occupation of each employee;
(2) the rate of pay, and the amount paid each pay period to each employee;
(3) the hours worked each day and each workweek by the employee;
66.8 (4) for each employer subject to sections 177.41 to 177.44, and while performing
66.9work on public works projects funded in whole or in part with state funds, the prevailing
66.10wage master job classification of each employee working on the project for each hour
66.12 (4) (5)
other information the commissioner finds necessary and appropriate to
. The records must be kept for three years in or near the
premises where an employee works except each employer subject to sections 177.41 to
66.15177.44, and while performing work on public works projects funded in whole or in part
66.16with state funds, the records must be kept for three years after the contracting authority
66.17has made final payment on the public works project
The commissioner may fine an employer up to $1,000 for each failure to maintain
records as required by this section. This penalty is in addition to any penalties provided
177.32, subdivision 1
. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered.
Sec. 11. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
Subd. 3. Contract requirements.
The contract must specifically state the prevailing
wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
66.26provide that the contracting agency shall demand, and the contractor and subcontractor
66.27shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days
66.28after the end of each pay period. The payrolls must contain all the data required by section
66.29177.30. The contracting authority may examine all records relating to wages paid laborers
66.30or mechanics on work to which sections 177.41 to 177.44 apply.
Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
Subd. 4. Determination by commissioner; posting; petition for reconsideration.
The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
trades and occupations required in any project must be ascertained before the state asks for
bids. The commissioner of labor and industry shall investigate as necessary to ascertain
The commissioner Each contractor and subcontractor performing work
67.3on a public project
shall keep the information posted on the project in at least one
conspicuous place for the information of the employees working on the project. A person
aggrieved by a final determination of the commissioner may petition the commissioner for
reconsideration of findings. A person aggrieved by a decision of the commissioner after
reconsideration may, within 20 days after the decision, petition the commissioner for a
public hearing in the manner of a contested case under sections
Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
Subd. 6. Examination of records; investigation by the department.
Department of Labor and Industry shall enforce this section. The department may
demand, and the contractor and subcontractor shall furnish to the department, copies
of any or all payrolls. The department may examine all records relating to wages paid
laborers or mechanics on work to which sections
apply. The department
67.15shall employ at least three investigators to perform on-site project reviews, receive and
67.16investigate complaints of violations of this section, and conduct training and outreach to
67.17contractors and contracting authorities for public works projects financed in whole or
67.18in part with state funds.
Sec. 14. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
67.21 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
67.22employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
67.23177.44, the commissioner shall issue a withholding order to the contracting authority
67.24ordering the contracting authority to withhold payment of sufficient sum to the prime
67.25or general contractor on the project to satisfy the back wages assessed or otherwise
67.26cure the violation, and the contracting authority must withhold the sum ordered until
67.27the compliance order has become a final order of the commissioner and has been fully
67.28paid or otherwise resolved by the employer.
67.29 During an investigation of a violation of sections 177.41 to 177.44 which the
67.30commissioner reasonably determines is likely to result in the finding of a violation of
67.31sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
67.32177.27, subdivision 4, the commissioner may notify the contracting authority of the
67.33determination and the amount expected to be assessed and the contracting authority shall
68.1give the commissioner 90 days' prior notice of the date the contracting authority intends to
68.2make final payment.
Sec. 15. [181.723] INDEPENDENT CONTRACTORS.
68.4 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
68.5 (a) "Person" means any individual, limited liability corporation, corporation,
68.6partnership, incorporated or unincorporated association, sole proprietorship, joint stock
68.7company, or any other legal or commercial entity.
68.8 (b) "Department" means the Department of Labor and Industry.
68.9 (c) "Commissioner" means the commissioner of labor and industry or a duly
68.10designated representative of the commissioner who is either an employee of the
68.11Department of Labor and Industry or person working under contract with the Department
68.12of Labor and Industry.
68.13 (d) "Individual" means a human being.
68.14 (e) "Day" means calendar day unless otherwise provided.
68.15 (f) "Knowingly" means knew or could have known with the exercise of reasonable
68.17 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
68.18contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
68.19records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
68.20maintained in any form or manner.
68.21 Subd. 2. Limited application. This section only applies to individuals performing
68.22public or private sector commercial or residential building construction or improvement
68.24 Subd. 3. Employee-employer relationship. Except as provided in subdivision
68.254, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
68.26individual who performs services for a person that are in the course of the person's trade,
68.27business, profession, or occupation is an employee of that person and that person is an
68.28employer of the individual.
68.29 Subd. 4. Independent contractor. An individual is an independent contractor and
68.30not an employee of the person for whom the individual is performing services in the course
68.31of the person's trade, business, profession, or occupation only if (1) the individual holds
68.32a current independent contractor exemption certificate issued by the commissioner; and
68.33(2) the individual is performing services for the person under the independent contractor
68.34exemption certificate as provided in subdivision 6. The requirements in clauses (1) and (2)
68.35must be met in order to qualify as an independent contractor and not as an employee of
69.1the person for whom the individual is performing services in the course of the person's
69.2trade, business, profession, or occupation.
69.3 Subd. 5. Application. To obtain an independent contractor exemption certificate,
69.4the individual must submit, in the manner prescribed by the commissioner, a complete
69.5application and the certificate fee required under subdivision 14.
69.6 (a) A complete application must include all of the following information:
69.7 (1) the individual's full name;
69.8 (2) the individual's residence address and telephone number;
69.9 (3) the individual's business name, address, and telephone number;
69.10 (4) the services for which the individual is seeking an independent contractor
69.12 (5) the individual's Social Security number;
69.13 (6) the individual's or the individual's business federal employer identification
69.14number, if a number has been issued to the individual or the individual's business;
69.15 (7) any information or documentation that the commissioner requires by rule that
69.16will assist the department in determining whether to grant or deny the individual's
69.18 (8) the individual's sworn statement that the individual meets all of the following
69.20 (i) maintains a separate business with the individual's own office, equipment,
69.21materials, and other facilities;
69.22 (ii) holds or has applied for a federal employer identification number or has filed
69.23business or self-employment income tax returns with the federal Internal Revenue Service
69.24if the person has performed services in the previous year for which the individual is
69.25seeking the independent contractor exemption certificate;
69.26 (iii) operates under contracts to perform specific services for specific amounts of
69.27money and under which the individual controls the means of performing the services;
69.28 (iv) incurs the main expenses related to the service that the individual performs
69.30 (v) is responsible for the satisfactory completion of services that the individual
69.31contracts to perform and is liable for a failure to complete the service;
69.32 (vi) receives compensation for service performed under a contract on a commission
69.33or per-job or competitive bid basis and not on any other basis;
69.34 (vii) may realize a profit or suffer a loss under contracts to perform service;
69.35 (viii) has continuing or recurring business liabilities or obligations; and
70.1 (ix) the success or failure of the individual's business depends on the relationship of
70.2business receipts to expenditures.
70.3 (b) Individuals who are applying for or renewing a residential building contractor
70.4or residential remodeler license under sections 326.83 to 326.992 and any rules
70.5promulgated pursuant thereto may simultaneously apply for or renew an independent
70.6contractor exemption certificate. The commissioner shall create an application form
70.7that allows for the simultaneous application for both a residential building contractor
70.8or residential remodeler license and an independent contractor exemption certificate.
70.9If individuals simultaneously apply for or renew a residential building contractor or
70.10residential remodeler license and an independent contractor exemption certificate using
70.11the form created by the commissioner, individuals shall only be required to provide, in
70.12addition to the information required by section 326.89 and rules promulgated pursuant
70.13thereto, the sworn statement required by paragraph (a), clause (8), and any additional
70.14information required by this subdivision that is not also required by section 326.89 and
70.15any rules promulgated thereto. When individuals submit a simultaneous application on the
70.16form created by the commissioner for both a residential building contractor or residential
70.17remodeler license and an independent contractor exemption certificate, the application
70.18fee shall be $150. An independent contractor exemption certificate that is in effect
70.19before March 1, 2009, shall remain in effect until March 1, 2011, unless revoked by the
70.20commissioner or cancelled by the individual.
70.21 (c) Within 30 days of receiving a complete application and the certificate fee, the
70.22commissioner must either grant or deny the application. The commissioner may deny
70.23an application for an independent contractor exemption certificate if the individual has
70.24not submitted a complete application and certificate fee or if the individual does not
70.25meet all of the conditions for holding the independent contractor exemption certificate.
70.26The commissioner may revoke an independent contractor exemption certificate if the
70.27commissioner determines that the individual no longer meets all of the conditions for
70.28holding the independent contractor exemption certificate, commits any of the actions
70.29set out in subdivision 7, or fails to cooperate with a department investigation into the
70.30continued validity of the individual's certificate. Once issued, an independent contractor
70.31exemption certificate remains in effect for two years unless:
70.32 (1) revoked by the commissioner; or
70.33 (2) canceled by the individual.
70.34 (d) If the department denies an individual's original or renewal application for
70.35an independent contractor exemption certificate or revokes an independent contractor
70.36exemption certificate, the commissioner shall issue to the individual an order denying or
71.1revoking the certificate. The commissioner may issue an administrative penalty order to
71.2an individual or person who commits any of the actions set out in subdivision 7.
71.3 (e) An individual or person to whom the commissioner issues an order under
71.4paragraph (d) shall have 30 days after service of the order to request a hearing. The
71.5request for hearing must be in writing and must be served on or faxed to the commissioner
71.6at the address or facsimile number specified in the order by the 30th day after service of
71.7the order. If the individual does not request a hearing or if the individual's request for a
71.8hearing is not served on or faxed to the commissioner by the 30th day after service of the
71.9order, the order shall become a final order of the commissioner and will not be subject to
71.10review by any court or agency. The date on which a request for hearing is served by mail
71.11shall be the postmark date on the envelope in which the request for hearing is mailed. If
71.12the individual serves or faxes a timely request for hearing, the hearing shall be a contested
71.13case hearing and shall be held in accordance with chapter 14.
71.14 Subd. 6. Performing services under exemption certificate. An individual is
71.15performing services for a person under an independent contractor exemption certificate if:
71.16 (a) the individual is performing services listed on the individual's independent
71.17contractor exemption certificate; and
71.18 (b) at the time the individual is performing services listed on the individual's
71.19independent contractor exemption certificate, the individual meets all of the following
71.21 (1) maintains a separate business with the individual's own office, equipment,
71.22materials, and other facilities;
71.23 (2) holds or has applied for a federal employer identification number or has filed
71.24business or self-employment income tax returns with the federal Internal Revenue Service
71.25if the individual performed services in the previous year for which the individual has the
71.26independent contractor exemption certificate;
71.27 (3) is operating under contract to perform the specific services for the person
71.28for specific amounts of money and under which the individual controls the means of
71.29performing the services;
71.30 (4) is incurring the main expenses related to the services that the individual is
71.31performing for the person under the contract;
71.32 (5) is responsible for the satisfactory completion of the services that the individual
71.33has contracted to perform for the person and is liable for a failure to complete the services;
71.34 (6) receives compensation from the person for the services performed under the
71.35contract on a commission or per-job or competitive bid basis and not on any other basis;
72.1 (7) may realize a profit or suffers a loss under the contract to perform services for
72.3 (8) has continuing or recurring business liabilities or obligations; and
72.4 (9) the success or failure of the individual's business depends on the relationship of
72.5business receipts to expenditures.
72.6 Subd. 7. Prohibited activities. (a) An individual shall not:
72.7 (1) perform work as an independent contractor who meets the qualifications under
72.8subdivision 6 without first obtaining from the department an independent contractor
72.10 (2) perform work as an independent contractor when the department has denied or
72.11revoked the individual's independent contractor exemption certificate;
72.12 (3) transfer to another individual or allow another individual to use the individual's
72.13independent contractor exemption certificate;
72.14 (4) alter or falsify an independent contractor exemption certificate;
72.15 (5) misrepresent the individual's status as an independent contractor; or
72.16 (6) make a false material statement, representation, or certification; omit material
72.17information; or alter, conceal, or fail to file a document required by this section or any rule
72.18promulgated by the commissioner under rulemaking authority set out in this section.
72.19 (b) A person shall not:
72.20 (1) require an individual through coercion, misrepresentation, or fraudulent means to
72.21adopt independent contractor status;
72.22 (2) knowingly misrepresent that an individual who has not been issued an
72.23independent contractor exemption certificate or is not performing services for the person
72.24under an independent contractor exemption certificate is an independent contractor; or
72.25 (3) make a false material statement, representation, or certification; omit material
72.26information; or alter, conceal, or fail to file a document required by this section or any rule
72.27promulgated by the commissioner under rulemaking authority set out in this section.
72.28 (c) A person for whom an individual is performing services must obtain a copy of the
72.29individual's independent contractor exemption certificate before services may commence.
72.30A copy of the independent contractor exemption certificate must be retained for five years
72.31from the date of receipt by the person for whom an individual is performing services.
72.32 Subd. 8. Remedies. An individual or person who violates any provision of
72.33subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
72.34each violation. The department shall deposit penalties in the assigned risk safety account.
72.35 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
72.36section, the commissioner may:
73.1 (1) administer oaths and affirmations, certify official acts, interview, question, take
73.2oral or written statements, and take depositions;
73.3 (2) request, examine, take possession of, photograph, record, and copy any
73.4documents, equipment, or materials;
73.5 (3) at a time and place indicated by the commissioner, request persons to appear
73.6before the commissioner to give testimony and produce documents, equipment, or
73.8 (4) issue subpoenas to compel persons to appear before the commissioner to give
73.9testimony and produce documents, equipment, or materials; and
73.10 (5) subject to paragraph (c), with or without notice, enter without delay upon
73.11any property, public or private, for the purpose of taking any action authorized under
73.12this subdivision or the applicable law, including obtaining information or conducting
73.13inspections or investigations.
73.14 (b) Persons requested by the commissioner to give testimony or produce documents,
73.15equipment, or materials shall respond within the time and in the manner specified by the
73.16commissioner. If no time to respond is specified in the request, then a response shall be
73.17submitted within 30 days of the commissioner's service of the request.
73.18 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
73.19owner's representative, or lessee's representative to permit the commissioner's entry onto
73.20property as provided in paragraph (a), the commissioner may apply for an administrative
73.21inspection order in the Ramsey County District Court or, at the commissioner's discretion,
73.22in the district court in the county in which the property is located. The commissioner may
73.23anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
73.24property owner's representative, or lessee's representative has refused to permit entry on a
73.25prior occasion or has informed the commissioner that entry will be refused. Upon showing
73.26of administrative probable cause by the commissioner, the district court shall issue an
73.27administrative inspection order that compels the property owner or lessee to permit the
73.28commissioner to enter the property for the purposes specified in paragraph (a).
73.29 (d) Upon the application of the commissioner, a district court shall treat the failure of
73.30any person to obey a subpoena lawfully issued by the commissioner under this subdivision
73.31as a contempt of court.
73.32 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
73.33on a person under this section may be by mail, by personal service, or in accordance with
73.34any consent to service filed with the commissioner. Service by mail shall be accomplished
73.35in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
74.1shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
74.3 Subd. 11. Facsimile; timely service. When this section permits a request for
74.4hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
74.5pages in length. The request shall be considered timely served if the facsimile is received
74.6by the commissioner, at the facsimile number identified by the commissioner in the order,
74.7no later than 4:30 p.m. central time on the last day permitted for faxing the request.
74.8Where the quality or authenticity of the faxed request is at issue, the commissioner
74.9may require the original request to be filed. Where the commissioner has not identified
74.10quality or authenticity of the faxed request as an issue and the request has been faxed in
74.11accordance with this subdivision, the person faxing the request does not need to file the
74.12original request with the commissioner.
74.13 Subd. 12. Time period computation. In computing any period of time prescribed
74.14or allowed by this section, the day of the act, event, or default from which the designated
74.15period of time begins to run shall not be included. The last day of the period so computed
74.16shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
74.17period runs until the next day which is not a Saturday, Sunday, or legal holiday.
74.18 Subd. 13. Rulemaking. The commissioner may, in consultation with the
74.19commissioner of revenue and the commissioner of employment and economic
74.20development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
74.21of chapter 14 that relate to the commissioner's responsibilities under this section. This
74.22subdivision is effective the day following final enactment.
74.23 Subd. 14. Fee. The certificate fee for the original application and for the renewal of
74.24an independent contractor exemption certificate shall be $150.
74.25 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
74.26the commissioner has reason to believe that an individual who holds a certificate has failed
74.27to maintain all the conditions required by subdivision 6 or is not performing services for a
74.28person under the independent contractor exemption certificate, the commissioner must
74.29notify the commissioner of revenue and the commissioner of employment and economic
74.30development. Upon receipt of notification from the commissioner that an individual who
74.31holds a certificate has failed to maintain all the conditions required by subdivision 6
74.32or is not performing services for a person under the independent contractor exemption
74.33certificate, the commissioner of revenue must review the information returns required
74.34under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
74.35also review the submitted certification that is applicable to returns audited or investigated
74.36under section 289A.35.
75.1 Subd. 16. Data classified. Data in applications for an independent contractor
75.2exemption certificate and any required documentation submitted to the commissioner are
75.3private data on individuals as defined in section 13.02. Data in exemption certificates
75.4issued by the commissioner are public data. Data that document a revocation or
75.5cancellation of an exemption certificate are public data. Upon request of the Department
75.6of Revenue or Department of Employment and Economic Development, the commissioner
75.7may release to the requesting department data classified as private under this subdivision
75.8or investigative data that are not public under section 13.39 that relate to the issuance or
75.9denial of applications or revocations of certificates.
75.10EFFECTIVE DATE.This section is effective July 1, 2008.
Sec. 16. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
Subdivision 1. Prohibited action.
An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment because:
(a) the employee, or a person acting on behalf of an employee, in good faith, reports
a violation or suspected violation of any federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or law enforcement official;
(b) the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;
(c) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or
regulation adopted pursuant to law, and the employee informs the employer that the order
is being refused for that reason;
(d) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm
75.28 (e) a public employee communicates the findings of a scientific or technical study
75.29that the employee, in good faith, believes to be truthful and accurate, including reports to a
75.30governmental body or law enforcement official.
75.31The disclosures protected pursuant to this section do not authorize the disclosure of data
75.32otherwise protected by law.
Sec. 17. Minnesota Statutes 2006, section 181.935, is amended to read:
76.2181.935 INDIVIDUAL REMEDIES; PENALTY.
(a) In addition to any remedies otherwise provided by law, an employee injured by
a violation of section
may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including reasonable attorney's
fees, and may receive such injunctive and other equitable relief as determined by the court.
(b) An employer who failed to notify, as required under section
an employee injured by a violation of section
is subject to a civil penalty of $25
per day per injured employee not to exceed $750 per injured employee.
76.10 (c) If the district court determines that a violation of section 181.932 occurred,
76.11the court may order any appropriate relief, including but not limited to reinstatement,
76.12back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the
76.13expungement of any adverse records of an employee who was the subject of the alleged
76.14acts of misconduct.
Sec. 18. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
Subd. 6. Scope; limitations.
(a) This section applies to a sales representative who,
during some part of the period of the sales representative agreement:
(1) is a resident of Minnesota or maintains that person's principal place of business
in Minnesota; or
(2) whose geographical territory specified in the sales representative agreement
includes part or all of Minnesota.
(b) To be effective, any demand for arbitration under subdivision 5 must be made
in writing and delivered to the principal on or before one year after the effective date of
the termination of the agreement.
76.25 (c) A provision in any contract between a sales representative dealing in plumbing
76.26equipment or supplies and a principal purporting to waive any provision of this act,
76.27whether by express waiver or by a provision stipulating that the contract is subject to the
76.28laws of another state, shall be void.
Sec. 19. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
Subdivision 1. Rules.
state commissioner of health Plumbing Board
rule, prescribe minimum standards which shall be uniform, and which
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 the installation is to be
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.
77.6 Except for powers granted to the Plumbing Board,
the commissioner of labor and
shall administer the provisions of sections
and for such purposes
may employ plumbing inspectors and other assistants.
Sec. 20. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
77.11 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
77.12Mechanical devices and fittings with internal moving parts are prohibited from installation
77.13in plumbing venting systems.
77.14 (b) All urinals covered under the jurisdiction of the state Plumbing Code must have
77.15a water flush device with a volume of not more than one gallon per use.
Sec. 21. [326.372] PLUMBING BOARD.
77.17 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 13 members.
77.18Eleven members shall be appointed by the governor with the advice and consent of the
77.19senate and shall be voting members. Appointments of members by the governor shall be
77.20made in accordance with section 15.066. If the senate votes to refuse to consent to an
77.21appointment of a member made by the governor, the governor shall appoint a new member
77.22with the advice and consent of the senate. One member shall be the commissioner of labor
77.23and industry or the designee, who shall be a voting member. One member shall be the
77.24commissioner of health or the designee, who shall not be a voting member. Of the 11
77.25appointed members, the composition shall be as follows:
77.26 (1) two members shall be municipal plumbing inspectors, one from the metropolitan
77.27area and one from greater Minnesota;
77.28 (2) one member shall a be licensed professional engineer specializing in plumbing
77.29designs or systems;
77.30 (3) two members shall be commercial/industrial plumbing contractors, one from the
77.31metropolitan area and one from greater Minnesota;
77.32 (4) one member shall be a residential plumbing contractor;
77.33 (5) two members shall be commercial/industrial journeymen, one from the
77.34metropolitan area and one from greater Minnesota;
78.1 (6) one member shall be a residential plumbing journeyman;
78.2 (7) one member shall be a water conditioning contractor; and
78.3 (8) one member shall be a municipal public water supply system operator or
78.5 One of the municipal plumbing inspectors shall be appointed for an initial term to
78.6end on December 31, 2010, and one municipal plumbing inspector shall be appointed for
78.7an initial term to end on December 31, 2011. The professional engineer shall be appointed
78.8for an initial term to end on December 31, 2011. One of the commercial/industrial
78.9plumbing contractors shall be appointed for an initial term to end on December 31, 2010,
78.10and one commercial/industrial plumbing contractor shall be appointed for an initial term
78.11to end on December 31, 2011. The residential plumbing contractor shall be appointed for
78.12an initial term to end on December 31, 2010. One of the commercial/industrial plumbing
78.13journeymen shall be appointed for an initial term to end on December 31, 2011, and one
78.14commercial/industrial plumbing journeyman shall be appointed for an initial term to end
78.15on December 31, 2010. The residential plumbing journeyman shall be appointed for an
78.16initial term to end on December 31, 2011. The water conditioning contractor shall be
78.17appointed for an initial term to end on December 31, 2010. The municipal public water
78.18supply system operator or superintendent shall be appointed for an initial term to end
78.19on December 31, 2011.
78.20 (b) The licensed professional engineer must possess a current Minnesota professional
78.21engineering license and maintain the license for the duration of the term served on the
78.22board. All other appointed members, except the water conditioning contractor and the
78.23municipal public water supply system operator or superintendent, must possess a current
78.24plumbing license issued by the Department of Labor and Industry and maintain that
78.25license for the duration of their terms. The water conditioning contractor must be licensed
78.26as a water conditioning contractor by the department and maintain the license for the
78.27duration of the term served on the board. All appointed members must be residents of
78.28Minnesota at the time of and throughout their terms. The term of any appointed member
78.29who does not maintain membership qualification status shall end on the date of status
78.30change and the governor shall appoint a replacement member. It is the responsibility of
78.31the member to notify the board of a change in the member's status.
78.32 (c) For appointed members, except the initial terms designated in paragraph (a), each
78.33term shall be three years with the terms ending on the first Monday in January. Members
78.34appointed by the governor shall be limited to three consecutive terms. The governor shall,
78.35all or in part, reappoint the current members or appoint replacement members with the
78.36advice and consent of the senate. Midterm vacancies shall be filled for the remaining
79.1portion of the term. Vacancies occurring with less than six months time remaining in the
79.2term shall be filled for the existing term and the following three-year term. Members may
79.3serve until successors are appointed but in no case later than July 1 in a year in which the
79.4term expires unless reappointed.
79.5 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
79.7 (1) elect its chair, vice-chair, and secretary;
79.8 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
79.9board, and contain such other provisions as may be useful and necessary for the efficient
79.10conduct of the business of the board;
79.11 (3) adopt the Plumbing Code that must be followed in this state and any Plumbing
79.12Code amendments thereto. The board shall adopt the Plumbing Code and any amendments
79.13thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c),
79.15 (4) review requests for final interpretations and issue final interpretations as provided
79.16in section 16B.63, subdivision 5;
79.17 (5) except for rules regulating continuing education, adopt rules that regulate the
79.18licensure or registration of plumbing contractors, journeymen, apprentices, master
79.19plumbers, restricted master plumbers, and restricted journeymen and other persons
79.20engaged in the design, installation, and alteration of plumbing systems, except for those
79.21individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt
79.22these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
79.23 (6) advise the commissioner regarding educational requirements for plumbing
79.25 (7) refer complaints or other communications, whether oral or written, that allege
79.26or imply a violation of a statute, rule, or order that the commissioner has the authority to
79.27enforce pertaining to code compliance, licensure, or an offering to perform or performance
79.28of unlicensed plumbing services to the commissioner under subdivision 8;
79.29 (8) approve per diem and expenses deemed necessary for its members as provided in
79.31 (9) approve license reciprocity agreements;
79.32 (10) select from its members individuals to serve on any other state advisory council,
79.33board, or committee; and
79.34 (11) recommend the fees for licenses and certifications.
80.1 Except for the powers granted to the Plumbing Board, the commissioner of labor
80.2and industry shall administer and enforce the provisions of sections 326.37 to 326.45 and
80.3any rules promulgated pursuant thereto.
80.4 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
80.5 (c) The commissioner shall coordinate the board's rulemaking and recommendations
80.6with the recommendations and rulemaking conducted by the other boards. The
80.7commissioner shall provide staff support to the board. The support includes professional,
80.8legal, technical, and clerical staff necessary to perform rulemaking and other duties
80.9assigned to the board. The commissioner of labor and industry shall supply necessary
80.10office space and supplies to assist the board in its duties.
80.11 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
80.12of $55 a day spent on board activities, when authorized by the board, plus expenses in
80.13the same manner and amount as authorized by the commissioner's plan adopted under
80.14section 43A.18, subdivision 2. Members who, as a result of time spent attending board
80.15meetings, incur child care expenses that would not otherwise have been incurred, may be
80.16reimbursed for those expenses upon board authorization.
80.17 (b) Members who are state employees or employees of the political subdivisions
80.18of the state must not receive the daily payment for activities that occur during working
80.19hours for which they are compensated by the state or political subdivision. However, a
80.20state or political subdivision employee may receive the daily payment if the employee
80.21uses vacation time or compensatory time accumulated in accordance with a collective
80.22bargaining agreement or compensation plan for board activities. Members who are state
80.23employees or employees of the political subdivisions of the state may receive the expenses
80.24provided for in this subdivision unless the expenses are reimbursed by another source.
80.25Members who are state employees or employees of political subdivisions of the state
80.26may be reimbursed for child care expenses only for time spent on board activities that
80.27are outside their working hours.
80.28 (c) The board shall adopt internal standards prescribing what constitutes a day spent
80.29on board activities for purposes of making daily payments under this subdivision.
80.30 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
80.31removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
80.32missing three consecutive meetings. The chair of the board shall inform the governor of
80.33an appointed member missing three consecutive meetings. After the second consecutive
80.34missed meeting and before the next meeting, the secretary of the board shall notify the
80.35appointed member in writing that the member may be removed for missing the next
80.36meeting. In the case of a vacancy on the board, the governor shall, with the advice
81.1and consent of the senate, appoint a person to fill the vacancy for the remainder of the
81.3 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
81.4 Subd. 5. Membership vacancies within three months of appointment.
81.5 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
81.6three months after being filled through the appointment process, the governor may,
81.7upon notification to the Office of the Secretary of State, choose a new member from the
81.8applications on hand and need not repeat the process.
81.9 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
81.10members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
81.11majority of members of the board qualified to vote on the matter in question. All questions
81.12concerning the manner in which a meeting is conducted or called that are not covered
81.13by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
81.14specified by the bylaws.
81.15 (b) Except as provided in paragraph (c), each Plumbing Code amendment considered
81.16by the board that receives an affirmative two-thirds or more majority vote of all of the
81.17voting members of the board shall be included in the next Plumbing Code rulemaking
81.18proceeding initiated by the board. If a Plumbing Code amendment considered, or
81.19reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
81.20members of the board, the Plumbing Code amendment shall not be included in the next
81.21Plumbing Code rulemaking proceeding initiated by the board.
81.22 (c) If the Plumbing Code amendment considered by the board is to replace the
81.23Minnesota Plumbing Code with a model Plumbing Code, then the amendment may only
81.24be included in the next Plumbing Code rulemaking proceeding if it receives an affirmative
81.25two-thirds or more majority vote of all of the voting members of the board.
81.26 (d) The board may reconsider Plumbing Code amendments during an active
81.27Plumbing Code rulemaking proceeding in which the amendment previously failed to
81.28receive a two-thirds majority vote or more of all of the voting members of the board only if
81.29new or updated information that affects the Plumbing Code amendment is presented to the
81.30board. The board may also reconsider failed Plumbing Code amendments in subsequent
81.31Plumbing Code rulemaking proceedings.
81.32 (e) Except as provided in paragraph (f), each proposed rule and rule amendment
81.33considered by the board pursuant to the rulemaking authority specified in subdivision 2,
81.34paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the
81.35voting members of the board shall be included in the next rulemaking proceeding initiated
81.36by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
82.1board receives less than an affirmative majority vote of all of the voting members of the
82.2board, the proposed rule or rule amendment shall not be included in the next rulemaking
82.3proceeding initiated by the board.
82.4 (f) The board may reconsider a proposed rule or rule amendment during an
82.5active rulemaking proceeding in which the amendment previously failed to receive an
82.6affirmative majority vote of all of the voting members of the board only if new or updated
82.7information that affects the proposed rule or rule amendment is presented to the board.
82.8The board may also reconsider a failed proposed rule or rule amendment in subsequent
82.10 Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the
82.11board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
82.12and in such a manner as the bylaws may provide.
82.13 (b) If compliance with section 13D.02 is impractical, the board may conduct a
82.14meeting of its members by telephone or other electronic means so long as the following
82.15conditions are met:
82.16 (1) all members of the board participating in the meeting, wherever their physical
82.17location, can hear one another and can hear all discussion and testimony;
82.18 (2) members of the public present at the regular meeting location of the board can
82.19hear clearly all discussion and testimony and all votes of members of the board and, if
82.20needed, receive those services required by sections 15.44 and 15.441;
82.21 (3) at least one member of the board is physically present at the regular meeting
82.23 (4) all votes are conducted by roll call, so each member's vote on each issue can be
82.24identified and recorded.
82.25 Each member of the board participating in a meeting by telephone or other electronic
82.26means is considered present at the meeting for purposes of determining a quorum and
82.27participating in all proceedings.
82.28 If telephone or other electronic means is used to conduct a regular, special, or
82.29emergency meeting, the board, to the extent practical, shall allow a person to monitor
82.30the meeting electronically from a remote location. The board may require the person
82.31making such a connection to pay for documented costs that the board incurs as a result of
82.32the additional connection.
82.33 If telephone or other electronic means is used to conduct a regular, special, or
82.34emergency meeting, the board shall provide notice of the regular meeting location, of the
82.35fact that some members may participate by telephone or other electronic means, and that a
83.1person may monitor the meeting electronically from a remote location. The timing and
83.2method of providing notice is governed by section 13D.04.
83.3 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
83.4the substance of any complaint or communication it receives, whether written or oral,
83.5that alleges or implies a violation of a statute, rule, or order that the commissioner has
83.6the authority to enforce pertaining to the license or registration of any person authorized
83.7by the department to provide plumbing services, the performance or offering to perform
83.8plumbing services requiring licensure by an unlicensed person, or Plumbing Code
83.9compliance. Each complaint or communication that is forwarded to the commissioner
83.10shall be submitted on a form provided by the commissioner.
83.11 (b) The commissioner shall advise the board of the status of a complaint within 90
83.12days after the board's written submission is received, or within 90 days after the board
83.13is provided with a written request for additional information or documentation from the
83.14commissioner or the commissioner's designee, whichever is later. The commissioner shall
83.15advise the board of the disposition of a complaint referred by the board within 180 days
83.16after the board's written submission is received. The commissioner shall annually report to
83.17the board a summary of the actions taken in response to complaints referred by the board.
83.18 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
83.19Government Data Practices Act, and shall protect from unlawful disclosure data classified
83.20as not public.
83.21 Subd. 10. Official records. The board shall make and preserve all records necessary
83.22to a full and accurate knowledge of its official activities in accordance with section 15.17.
Sec. 22. Minnesota Statutes 2006, section 326.38, is amended to read:
83.24326.38 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
commissioner of health Plumbing Board
. No city or such town shall prohibit plumbers
licensed by the state commissioner of
health labor and industry
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. No city or town may require a license
83.34for persons performing building sewer or water service installation who have completed
83.35pipe laying training as prescribed by the commissioner of labor and industry.
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
health labor and industry
, 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
commissioner of health
Sec. 23. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
Subdivision 1. License required
; master and journeyman plumbers. In any city
84.14 now or hereafter having 5,000 or more population, according to the last federal census,
84.15 and having a system of waterworks or sewerage, (a)
No person, firm, or corporation shall
engage in or work at the business of a master plumber
or, restricted master plumber,
journeyman plumber, and restricted journeyman plumber
unless licensed to do so by the
state commissioner of
health labor and industry
. A license is not required for persons
84.19performing building sewer or water service installation who have completed pipe laying
84.20training as prescribed by the commissioner of labor and industry.
A master plumber may
also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
84.22master plumber. A journeyman plumber may also work as a restricted journeyman
. Anyone not so licensed may do plumbing work which complies with the
provisions of the minimum
prescribed by the state
84.25 health Plumbing Board
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 (b)
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, or in
84.30cities and towns with a population of fewer than 5,000 according to the federal census a
84.31restricted master plumber,
who shall be responsible for proper installation, is in charge
of the plumbing work of the person, firm, or corporation.
Department of Health Plumbing Board
shall prescribe rules, not inconsistent
herewith, for the examination and licensing of plumbers.
Sec. 24. 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
may 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. 25. [326.402] RESTRICTED PLUMBER LICENSE.
85.15 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
85.16restricted journeyman or restricted master plumber license to an individual if:
85.17 (1) the individual completes an application with information required by the
85.18commissioner of labor and industry;
85.19 (2) the completed application is accompanied by a fee of $30;
85.20 (3) the commissioner of labor and industry receives the completed application and
85.21fee before January 1, 2008;
85.22 (4) the completed application demonstrates that the applicant has had at least two
85.23years for a restricted journeyman plumber license or four years for a restricted master
85.24plumber license of practical plumbing experience in the plumbing trade prior to the
85.26 (5) during the entire time for which the applicant is claiming experience in
85.27contracting for plumbing work under clause (4), the applicant was in compliance with all
85.28applicable requirements of section 326.40.
85.29 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
85.30plumber may engage in the plumbing trade in all areas of the state except in cities and
85.31towns with a population of more than 5,000 according to the federal census.
85.32 Subd. 3. Application period. Applications for restricted master plumber and
85.33restricted journeyman plumber licenses must be submitted to the commissioner prior
85.34to January 1, 2008.
86.1 Subd. 4. Renewal; use period for license. A restricted master plumber and
86.2restricted journeyman plumber license must be renewed annually for as long as that
86.3licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
86.4restricted journeyman plumber license within 12 months after the expiration date will
86.5result in permanent forfeiture of the restricted master plumber and restricted journeyman
86.7 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
86.8journeyman plumber license may not be transferred or sold to any other person.
86.9 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
86.10bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
86.11provided by section 326.40, subdivision 3, applies.
86.12 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
86.13journeyman plumber licenses is the same fee as for a master or journeyman plumber
Sec. 26. Minnesota Statutes 2006, section 326.405, is amended to read:
86.16326.405 RECIPROCITY WITH OTHER STATES.
The commissioner of health may license without examination, upon payment of the
86.18 required fee, nonresident applicants who are licensed under the laws of a state having
86.19 standards for licensing plumbers which the commissioner determines are substantially
86.20 equivalent to the standards of this state if the other state grants similar privileges to
86.21 Minnesota residents duly licensed in this state. The commissioner may enter into
86.22reciprocity agreements for personal licenses with another state if approved by the board.
86.23Once approved by the board, the commissioner may issue a plumber's license without
86.24requiring the applicant to pass an examination provided the applicant:
86.25 (a) submits an application under section 326.42;
86.26 (b) pays the fee required under section 326.42; and
86.27 (c) holds a valid comparable license in the state participating in the agreement.
86.28 Agreements are subject to the following:
86.29 (1) The parties to the agreement must administer a statewide licensing program that
86.30includes examination and qualifying experience or training comparable to Minnesota's.
86.31 (2) The experience and training requirements under which an individual applicant
86.32qualified for examination in the qualifying state must be deemed equal to or greater than
86.33required for an applicant making application in Minnesota at the time the applicant
86.34acquired the license in the qualifying state.
87.1 (3) The applicant must have acquired the license in the qualifying state through an
87.2examination deemed equivalent to the same class of license examination in Minnesota.
87.3A lesser class of license may be granted where the applicant has acquired a greater
87.4class of license in the qualifying state and the applicant otherwise meets the conditions
87.5of this subdivision.
87.6 (4) At the time of application, the applicant must hold a valid license in the
87.7qualifying state and have held the license continuously for at least one year before making
87.8application in Minnesota.
87.9 (5) An applicant is not eligible for a license under this subdivision if the applicant
87.10has failed the same or greater class of license examination in Minnesota, or if the
87.11applicant's license of the same or greater class has been revoked or suspended.
87.12 (6) An applicant who has failed to renew a plumber's license for two years or more
87.13after its expiration is not eligible for a license under this subdivision.
Sec. 27. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
Subdivision 1. Application.
Applications for plumber's license shall be made to the
state commissioner of
health labor and industry
, with fee. Unless the applicant is entitled
to a renewal, the applicant shall be licensed by the state commissioner of
health labor and
only after passing a satisfactory examination developed and administered
examiners commissioner of labor and industry, based upon rules adopted by the Plumbing
showing fitness. Examination fees for both journeyman and master plumbers
shall be in an amount prescribed by the state commissioner of
health labor and industry
pursuant to section
. Upon being notified that of having successfully passed
the examination for original license the applicant shall submit an application, with the
license fee herein provided. License fees shall be in an amount prescribed by the state
health labor and industry
pursuant to section
. Licenses shall
expire and be renewed as prescribed by the commissioner pursuant to section
Sec. 28. [326B.04] DEPOSIT OF MONEY.
87.28 Subdivision 1. Construction code fund. There is created in the state treasury
87.29a construction code fund as a special revenue fund for the purpose of administering this
87.30chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
87.31sections, except penalties, is credited to the construction code fund unless otherwise
87.32specifically designated by law. Any interest or profit accruing from investment of these
87.33sums is credited to the construction code fund. All money collected in the construction
88.1code fund is appropriated to the commissioner of labor and industry to administer and
88.2enforce the provisions of the laws identified in this section.
88.3 Unless otherwise provided by law, all penalties assessed under this chapter, section
88.4327.35, and chapter 327B are credited to the assigned risk safety account established
88.5by section 79.253.
88.6 Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
88.7government special revenue fund and special revenue fund accounts maintained for
88.8the Building Codes and Standards Division, Board of Electricity, and plumbing and
88.9engineering unit are transferred to the construction code fund. Unless otherwise
88.10specifically designated by law: (1) all money collected under chapter 183 and sections
88.1116B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to
88.12326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to
88.13327B.12, except penalties, is credited to the construction code fund; (2) all fees collected
88.14under section 45.23 in connection with continuing education for residential contractors,
88.15residential remodelers, and residential roofers are credited to the construction code fund;
88.16and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all
88.17penalties assessed under sections 144.99 to 144.993 in connection with any violation of
88.18sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections
88.19are credited to the assigned risk safety account established by section 79.253.
Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
88.21 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
88.22have the meanings given them.
88.23 (b) "Gross annual receipts" means the total amount derived from residential
88.24contracting or residential remodeling activities, regardless of where the activities are
88.25performed, and must not be reduced by costs of goods sold, expenses, losses, or any
88.27 (c) "Licensee" means a person licensed as a residential contractor or residential
88.29 (d) "Residential real estate" means a new or existing building constructed for
88.30habitation by one to four families, and includes detached garages.
88.31 (e) "Fund" means the contractor recovery fund.
88.32 Subd. 2. Generally. The contractor recovery fund is created in the state treasury
88.33and shall be administered by the commissioner for the purposes described in this section.
88.34Any interest or profit accruing from investment of money in the fund shall be credited
88.35to the contractor recovery fund.
89.1 Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
89.2renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
89.3shall pay, in addition to the appropriate application or renewal fee, the following additional
89.4fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
89.5gross annual receipts for the person's most recent fiscal year preceding the application or
89.6renewal, on the following scale:
89.11 Subd. 4. Purpose of fund. The purpose of this fund is to:
89.12 (1) compensate owners or lessees of residential real estate who meet the requirements
89.13of this section;
89.14 (2) reimburse the department for all legal and administrative expenses,
89.15disbursements, and costs, including staffing costs, incurred in administering and defending
89.17 (3) pay for educational or research projects in the field of residential contracting to
89.18further the purposes of sections 326B.801 to 326B.825; and
89.19 (4) provide information to the public on residential contracting issues.
89.20 Subd. 5. Payment limitations. Except as otherwise provided in this section,
89.21the commissioner shall not pay compensation from the fund to an owner or a lessee
89.22in an amount greater than $75,000. Except as otherwise provided in this section, the
89.23commissioner shall not pay compensation from the fund to owners and lessees in an
89.24amount that totals more than $150,000 per licensee. The commissioner shall not pay
89.25compensation from the fund for a final judgment based on a cause of action that arose
89.26before the commissioner's receipt of the licensee's fee required by subdivision 3.
89.27 Subd. 6. Verified application. To be eligible for compensation from the fund, an
89.28owner or lessee shall serve on the commissioner a verified application for compensation
89.29on a form approved by the commissioner. The application shall verify the following
89.31 (1) the specific grounds upon which the owner or lessee seeks to recover from
89.33 (2) that the owner or the lessee has obtained a final judgment in a court of competent
89.34jurisdiction against a licensee licensed under section 326B.803;
89.35 (3) that the final judgment was obtained against the licensee on the grounds of
89.36fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
90.1that arose directly out of a transaction that occurred when the licensee was licensed and
90.2performing any of the special skills enumerated under section 326B.802, subdivision 19;
90.3 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
90.4the owner's residential real estate, on residential real estate leased by the lessee, or on new
90.5residential real estate that has never been occupied or that was occupied by the licensee
90.6for less than one year prior to purchase by the owner;
90.7 (5) that the residential real estate is located in Minnesota;
90.8 (6) that the owner or the lessee is not the spouse of the licensee or the personal
90.9representative of the licensee;
90.10 (7) the amount of the final judgment, any amount paid in satisfaction of the final
90.11judgment, and the amount owing on the final judgment as of the date of the verified
90.13 (8) that the verified application is being served within two years after the judgment
90.15 The owner's and the lessee's actual and direct out-of-pocket loss shall not include
90.16attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
90.17the loss. An owner or lessee may serve a verified application regardless of whether the
90.18final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
90.19final if all proceedings on the judgment have either been pursued and concluded or been
90.20forgone, including all reviews and appeals. For purposes of this section, owners who are
90.21joint tenants or tenants in common are deemed to be a single owner. For purposes of this
90.22section, owners and lessees eligible for payment of compensation from the fund shall not
90.23include government agencies, political subdivisions, financial institutions, and any other
90.24entity that purchases, guarantees, or insures a loan secured by real estate.
90.25 Subd. 7. Commissioner review. The commissioner shall within 120 days after
90.26receipt of the verified application:
90.27 (1) enter into an agreement with an owner or a lessee that resolves the verified
90.28application for compensation from the fund; or
90.29 (2) issue an order to the owner or the lessee accepting, modifying, or denying the
90.30verified application for compensation from the fund.
90.31 Upon receipt of an order issued under clause (2), the owner or the lessee shall have
90.3230 days to serve upon the commissioner a written request for a hearing. If the owner or
90.33the lessee does not serve upon the commissioner a timely written request for hearing, the
90.34order issued under clause (2) shall become a final order of the commissioner that may not
90.35be reviewed by any court or agency. The commissioner shall order compensation from
90.36the fund only if the owner or the lessee has filed a verified application that complies with
91.1subdivision 6 and if the commissioner determines based on review of the application that
91.2compensation should be paid from the fund. The commissioner shall not be bound by any
91.3prior settlement, compromise, or stipulation between the owner or the lessee and the
91.5 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
91.6for hearing under subdivision 7, the commissioner shall request that an administrative law
91.7judge be assigned and that a hearing be conducted under the contested case provisions
91.8of chapter 14 within 30 days after the service of the request for hearing upon the
91.9commissioner. Upon petition of the commissioner, the administrative law judge shall
91.10continue the hearing up to 60 days and upon a showing of good cause may continue the
91.11hearing for such additional period as the administrative law judge deems appropriate.
91.12At the hearing the owner or the lessee shall have the burden of proving by substantial
91.13evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
91.14findings of fact, conclusions of law, and order. If the administrative law judge finds that
91.15compensation should be paid to the owner or the lessee, the administrative law judge
91.16shall order the commissioner to make payment from the fund of the amount it finds to be
91.17payable pursuant to the provisions of and in accordance with the limitations contained in
91.18this section. The order of the administrative law judge shall constitute the final decision of
91.19the agency in the contested case. Judicial review of the administrative law judge's findings
91.20of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
91.21 Subd. 9. Satisfaction of applications for compensation. The commissioner shall
91.22pay compensation from the fund to an owner or a lessee pursuant to the terms of an
91.23agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
91.24order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
91.25of the fiscal year following the fiscal year during which the agreement was entered into or
91.26during which the order became final, subject to the limitations of this section. At the end
91.27of each fiscal year the commissioner shall calculate the amount of compensation to be
91.28paid from the fund pursuant to agreements that have been entered into under subdivision
91.297, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
91.30subdivision 8. If the calculated amount exceeds the amount available for payment, then
91.31the commissioner shall allocate the amount available among the owners and the lessees
91.32in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
91.33bears to the amount calculated. The commissioner shall mail notice of the allocation to
91.34all owners and lessees not less than 45 days following the end of the fiscal year. Any
91.35compensation paid by the commissioner in accordance with this subdivision shall be
92.1deemed to satisfy and extinguish any right to compensation from the fund based upon the
92.2verified application of the owner or lessee.
92.3 Subd. 10. Right of subrogation. If the commissioner pays compensation from the
92.4fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
92.5final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
92.6shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
92.7judgment in the amount of compensation paid from the fund and the owner or the lessee
92.8shall assign to the commissioner all rights, title, and interest in the final judgment in
92.9the amount of compensation paid. The commissioner shall deposit in the fund money
92.10recovered under this subdivision.
92.11 Subd. 11. Effect of section on commissioner's authority. Nothing contained
92.12in this section shall limit the authority of the commissioner to take disciplinary action
92.13against a licensee under the provisions of this chapter. A licensee's repayment in full of
92.14obligations to the fund shall not nullify or modify the effect of any other disciplinary
92.15proceeding brought under the provisions of this chapter.
92.16 Subd. 12. Limitation. Nothing may obligate the fund to compensate:
92.17 (1) insurers or sureties under subrogation or similar theories; or
92.18 (2) owner of residential property for final judgments against a prior owner of the
92.19residential property unless the claim is brought and judgment is rendered for breach of the
92.20statutory warranty set forth in chapter 327A.
92.21 Subd. 13. Condominiums or townhouses. For purposes of this section, the owner
92.22or the lessee of a condominium or townhouse is considered an owner or a lessee of
92.23residential property regardless of the number of residential units per building.
92.24 Subd. 14. Accelerated compensation. (a) Payments made from the fund to
92.25compensate owners and lessees that do not exceed the jurisdiction limits for conciliation
92.26court matters as specified in section 491A.01 may be paid on an accelerated basis if all of
92.27the requirements in paragraphs (b) and (c) have been satisfied.
92.28 (b) The owner or the lessee has served upon the commissioner a verified application
92.29for compensation that complies with the requirements set out in subdivision 6 and the
92.30commissioner determines based on review of the application that compensation should be
92.31paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
92.32loss in the transaction, minus attorney fees, interest on the loss and on the judgment
92.33obtained as a result of the loss, and any satisfaction of the judgment, and make payment
92.34to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
92.35after the owner or lessee serves the verified application.
93.1 (c) The commissioner may pay compensation to owners or lessees that totals not
93.2more than $50,000 per licensee per fiscal year under this accelerated process. The
93.3commissioner may prorate the amount of compensation paid to owners or lessees under
93.4this subdivision if applications submitted by owners and lessees seek compensation in
93.5excess of $50,000 against a licensee. Any unpaid portion of a verified application that
93.6has been prorated under this subdivision shall be satisfied in the manner set forth in
93.8 Subd. 15. Appropriation. Money in the fund is appropriated to the commissioner
93.9for the purposes of this section.
93.10 Subd. 16. Additional assessment. If the balance in the fund is at any time less than
93.11the commissioner determines is necessary to carry out the purposes of this section, every
93.12licensee, when renewing a license, shall pay, in addition to the annual renewal fee and
93.13the fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner
93.14shall set the amount of assessment based on a reasonable determination of the amount
93.15that is necessary to restore a balance in the fund that is adequate to carry out the purposes
93.16of this section.
93.17EFFECTIVE DATE.This section is effective December 1, 2007, except that
93.18subdivisions 1, 3, and 15 are effective July 1, 2007.
|Gross Annual Receipts
|$1,000,000 to $5,000,000
Sec. 30. Minnesota Statutes 2006, section 341.21, is amended by adding a subdivision
93.21 Subd. 8. Mixed martial arts. "Mixed martial arts" means any combination of
93.22boxing, kick boxing, wrestling, grappling, or other recognized martial arts.
Sec. 31. Minnesota Statutes 2006, section 341.22, is amended to read:
93.24341.22 BOXING COMMISSION.
There is hereby created the Minnesota Boxing Commission consisting of
members who are citizens of this state. The members must be appointed by the governor.
One member of the commission must be a retired judge of the Minnesota district court,
Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court
for the District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three
members must have knowledge of the boxing industry. At least four members must have
93.31knowledge of the mixed martial arts industry.
The governor shall make serious efforts to
appoint qualified women to serve on the commission. Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements must be as provided in sections
. The provision of
staff, administrative services, and office space; the review and processing of complaints;
the setting of fees; and other provisions relating to commission operations must be as
provided in chapter 214. The purpose of the commission is to protect health, promote
safety, and ensure fair events.
Sec. 32. Minnesota Statutes 2006, section 341.25, is amended to read:
(a) The commission may adopt rules that include standards for the physical
examination and condition of boxers and referees.
(b) The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and
fights, and their manner, supervision, time, and place.
94.13 (c) The commission must adopt unified rules for mixed martial arts.
Sec. 33. Minnesota Statutes 2006, section 341.27, is amended to read:
94.15341.27 COMMISSION DUTIES.
The commission shall:
(1) issue, deny, renew, suspend, or revoke licenses;
(2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
(3) keep public records of the commission open to inspection at all reasonable times;
(4) assist the director in the development of rules to be implemented under this
(5) conform to the rules adopted under this chapter; and
94.24 (6) develop policies and procedures for regulating mixed martial arts
Sec. 34. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
Subd. 2. Regulatory authority; tough person contests.
All tough person contests,
including amateur tough person contests, are subject to this chapter. All tough person
94.28contests are subject to American Boxing Commission (ABC) rules. Every contestant
94.29in a tough person contest shall have a physical examination prior to their bouts.
contestant in a tough person contest shall wear padded gloves that weigh at least 12
ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
94.32total rounds. Officials at tough person bouts shall be licensed under this chapter.
Sec. 35. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
95.3 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
95.4ultimate fight contests, and similar sporting events are subject to this chapter.
Sec. 36. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
Subd. 2. Expiration and renewal.
expires December 31 at midnight in
95.7 the year of its issuance issued after the effective date of this act is valid for one year from
95.8the date it is issued
and may be renewed by filing an application for renewal with the
commission and payment of the license fee. An application for a license and renewal of a
license must be on a form provided by the commission. There is a 30-day grace period
during which a license may be renewed if a late filing penalty fee equal to the license fee
is submitted with the regular license fee. A licensee that files late shall not conduct any
activity regulated by this chapter until the commission has renewed the license. If the
licensee fails to apply to the commission within the 30-day grace period, the licensee must
apply for a new license under subdivision 1.
Sec. 37. Minnesota Statutes 2006, section 341.321, is amended to read:
95.17341.321 FEE SCHEDULE.
The fee schedule for licenses issued by the Minnesota Boxing Commission
is as follows:
for each initial license and each renewal;
(2) promoters, $400 for each initial license and each renewal;
(3) judges and knockdown judges
for each initial license and each renewal;
for each initial license and each renewal;
(5) ring announcers,
for each initial license and each renewal;
(6) boxers' seconds,
for each initial license and each renewal;
for each initial license and each renewal;
for each initial license and each renewal
95.28 (9) managers, $45 for each initial license and each renewal; and
95.29 (10) ringside physicians, $45 for each initial license and each renewal.
95.30 (b) The commission shall establish and assess an event fee for each sporting event.
95.31The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
95.32determined by the commission when the sporting event is scheduled.
All fees collected by the Minnesota Boxing Commission must be deposited in
the Boxing Commission account in the special revenue fund.
Sec. 38. Minnesota Statutes 2006, section 471.471, subdivision 4, is amended to read:
Subd. 4. Application process.
A person seeking a waiver shall apply to the
Building Code and Standards Division of the
Administration Labor and
on a form prescribed by the board and pay a $70 fee to the construction code
. 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.
Sec. 39. WHISTLE-BLOWER PROTECTION ADMINISTRATIVE
96.15 By January 15, 2008, the commissioner of labor and industry shall report to the
96.16legislature its recommendations for implementing an administrative review procedure to
96.17address whistle-blower protection complaints under section 181.932.
Sec. 40. TRANSFER OF AUTHORITY; PLUMBING BOARD.
96.19 The commissioner of administration may not use the authority under Minnesota
96.20Statutes, section 16B.37, to modify the transfers of authority in this act.
Sec. 41. FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.
96.22 The governor must complete the appointments required by Minnesota Statutes,
96.23section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall
96.24convene the first meeting of the Plumbing Board no later than September 1, 2007.
Sec. 42. REPEALER.
96.26Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
96.28EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
96.29effective January 1, 2009.
Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
SUPERVISION OF DEPARTMENT TO SUPERVISE HIGH
of Labor and Industry
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
Sec. 2. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
Subd. 2. Permissive municipal regulation.
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.
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
97.19 Industry board
Department of Labor and Industry board
shall specify by rule the
minimum qualifications for municipal inspectors.
Sec. 3. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
97.22 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
97.23consist of 12 members. Eleven members shall be appointed by the governor with the
97.24advice and consent of the senate and shall be voting members. Appointments of members
97.25by the governor shall be made in accordance with section 15.066. If the senate votes to
97.26refuse to consent to an appointment of a member made by the governor, the governor shall
97.27appoint a new member with the advice and consent of the senate. One member shall be
97.28the commissioner of labor and industry or the commissioner's designee, who shall be a
97.29voting member. Of the 11 appointed members, the composition shall be as follows:
97.30 (1) one member shall be a high pressure piping inspector;
97.31 (2) one member shall be a licensed professional mechanical engineer;
97.32 (3) one member shall be a representative of the high pressure piping industry;
98.1 (4) four members shall be high pressure piping contractors engaged in the scope of
98.2high pressure piping, two from the metropolitan area and two from greater Minnesota;
98.3 (5) two members shall be high pressure piping journeymen engaged in the scope
98.4of high pressure piping systems installation, one from the metropolitan area and one
98.5from greater Minnesota; and
98.6 (6) two members shall be representatives of industrial companies which use high
98.7pressure piping systems in their industrial processes.
98.8 (b) The high pressure piping inspector shall be appointed for a term to end December
98.931, 2011. The professional mechanical engineer shall be appointed for a term to end
98.10December 31, 2010. The representative of the high pressure piping industry shall be
98.11appointed for a term to end December 31, 2011. Two of the high pressure piping
98.12contractors shall be appointed for a term to end December 31, 2011, and two high pressure
98.13piping contractors shall be appointed for a term to end December 31, 2010. One of the
98.14high pressure piping journeymen shall be appointed for a term to end December 31, 2011,
98.15and one high pressure piping journeyman shall be appointed for a term to end December
98.1631, 2010. The two representatives of industrial companies that use high pressure piping
98.17systems in their industrial process shall be appointed for a term to end December 31, 2010.
98.18 (c) The licensed professional mechanical engineer must possess a current Minnesota
98.19professional engineering license and maintain the license for the duration of the term
98.20served on the board. All other appointed members, except for the representative of the
98.21piping industry and the representatives of industrial companies that use high pressure
98.22piping systems in their industrial processes must possess a current high pressure piping
98.23license issued by the Department of Labor and Industry and maintain that license for the
98.24duration of their terms. All appointed members must be residents of Minnesota at the time
98.25of and throughout their terms. The term of any appointed member who does not maintain
98.26membership qualification status shall end on the date of status change and the governor
98.27shall appoint a replacement member. It is the responsibility of the member to notify the
98.28board of a change in the member's status.
98.29 (d) For appointed members, except for the initial terms designated in paragraph (a),
98.30each term shall be three years with the terms ending on the first Monday in January.
98.31Members appointed by the governor shall be limited to three consecutive terms. The
98.32governor shall, all or in part, reappoint the current members or appoint replacement
98.33members with the advice and consent of the senate. Midterm vacancies shall be filled for
98.34the remaining portion of the term. Vacancies occurring with less than six months time
98.35remaining in the term shall be filled for the existing term and the following three-year
99.1term. Members may serve until their successors are appointed but in no case later than
99.2July 1 in a year in which the term expires unless reappointed.
99.3 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
99.5 (1) elect its chair, vice-chair, and secretary;
99.6 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
99.7board, and contain such other provisions as may be useful and necessary for the efficient
99.8conduct of the business of the board;
99.9 (3) adopt the High Pressure Piping Code that must be followed in this state and any
99.10High Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in
99.11subdivision 6, paragraphs (b), (c), and (d);
99.12 (4) review requests for final interpretations and issue final interpretations as provided
99.13in section 16B.63, subdivision 5;
99.14 (5) adopt rules that regulate the licensure or registration of high pressure piping
99.15contractors, journeymen, and other persons engaged in the design, installation, and
99.16alteration of high pressure piping systems, except for those individuals licensed under
99.17section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter
99.1814 and as provided in subdivision 6, paragraph (e);
99.19 (6) adopt rules that regulate continuing education for individuals licensed or
99.20registered as high pressure piping contractors, journeymen, or other persons engaged in
99.21the design, installation, and alteration of high pressure piping systems. The board shall
99.22adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraph (e);
99.23 (7) advise the commissioner regarding educational requirements for high pressure
99.25 (8) refer complaints or other communications, whether orally or in writing, that
99.26allege or imply a violation of a statute, rule, or order that the commissioner has the
99.27authority to enforce pertaining to code compliance, licensure, or an offering to perform
99.28or performance of unlicensed high pressure piping services to the commissioner under
99.30 (9) approve per diem and expenses deemed necessary for its members as provided in
99.32 (10) select from its members individuals to serve on any other state advisory council,
99.33board, or committee; and
99.34 (11) recommend the fees for licenses and certifications.
100.1 Except for the powers granted to the Board of High Pressure Piping Systems, the
100.2commissioner of labor and industry shall administer and enforce the provisions of sections
100.3326.46 to 326.521 and any rules promulgated pursuant thereto.
100.4 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
100.5 (c) The commissioner shall coordinate the board's rulemaking and recommendations
100.6with the recommendations and rulemaking conducted by the other boards. The
100.7commissioner shall provide staff support to the board. The support includes professional,
100.8legal, technical, and clerical staff necessary to perform rulemaking and other duties
100.9assigned to the board. The commissioner of labor and industry shall supply necessary
100.10office space and supplies to assist the board in its duties.
100.11 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
100.12of $55 per day spent on board activities, when authorized by the board, plus expenses in
100.13the same manner and amount as authorized by the commissioner's plan adopted under
100.14section 43A.18, subdivision 2. Members who, as a result of time spent attending board
100.15meetings, incur child care expenses that would not otherwise have been incurred, may be
100.16reimbursed for those expenses upon board authorization.
100.17 (b) Members who are state employees or employees of political subdivisions of
100.18the state must not receive the daily payment for activities that occur during working
100.19hours for which they are compensated by the state or political subdivision. However, a
100.20state or political subdivision employee may receive the daily payment if the employee
100.21uses vacation time or compensatory time accumulated in accordance with a collective
100.22bargaining agreement or compensation plan for board activities. Members who are state
100.23employees or employees of the political subdivisions of the state may receive the expenses
100.24provided for in this subdivision unless the expenses are reimbursed by another source.
100.25Members who are state employees or employees of political subdivisions of the state
100.26may be reimbursed for child care expenses only for time spent on board activities that
100.27are outside their working hours.
100.28 (c) The board shall adopt internal standards prescribing what constitutes a day spent
100.29on board activities for purposes of making daily payments under this subdivision.
100.30 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
100.31removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
100.32missing three consecutive meetings. The chair of the board shall inform the governor of
100.33an appointed member missing three consecutive meetings. After the second consecutive
100.34missed meeting and before the next meeting, the secretary of the board shall notify the
100.35appointed member in writing that the member may be removed for missing the next
100.36meeting. In the case of a vacancy on the board, the governor shall, with the advice
101.1and consent of the senate, appoint a person to fill the vacancy for the remainder of the
101.3 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
101.4 Subd. 5. Membership vacancies within three months of appointment.
101.5 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
101.6three months after being filled through the appointment process, the governor may,
101.7upon notification to the Office of the Secretary of State, choose a new member from the
101.8applications on hand and need not repeat the process.
101.9 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
101.10members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
101.11majority of members of the board qualified to vote on the matter in question. All questions
101.12concerning the manner in which a meeting is conducted or called that are not covered
101.13by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
101.14specified by the bylaws.
101.15 (b) Except as provided in paragraph (c), each High Pressure Piping Code amendment
101.16considered by the board that receives an affirmative two-thirds or more majority vote
101.17of all of the voting members of the board shall be included in the next High Pressure
101.18Piping Code rulemaking proceeding initiated by the board. If a High Pressure Piping Code
101.19amendment considered, or reconsidered, by the board receives less than a two-thirds
101.20majority vote of all of the voting members of the board, the High Pressure Piping Code
101.21amendment shall not be included in the next High Pressure Piping Code rulemaking
101.22proceeding initiated by the board.
101.23 (c) If the High Pressure Piping Code amendment considered by the board is to
101.24replace the Minnesota High Pressure Piping Code with a model High Pressure Piping
101.25Code, then the amendment may only be included in the next High Pressure Piping Code
101.26rulemaking proceeding if it receives an affirmative two-thirds or more majority vote
101.27of all of the voting members of the board.
101.28 (d) The board may reconsider High Pressure Piping Code amendments during
101.29an active High Pressure Piping Code rulemaking proceeding in which the amendment
101.30previously failed to receive a two-thirds or more majority vote of all of the voting
101.31members of the board only if new or updated information that affects the High Pressure
101.32Piping Code amendment is presented to the board. The board may also reconsider failed
101.33High Pressure Piping Code amendments in subsequent High Pressure Piping Code
101.35 (e) Except as provided in paragraph (f), each proposed rule and rule amendment
101.36considered by the board pursuant to the rulemaking authority specified in subdivision 2,
102.1paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the
102.2voting members of the board shall be included in the next rulemaking proceeding initiated
102.3by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
102.4board receives less than an affirmative majority vote of all of the voting members of the
102.5board, the proposed rule or rule amendment shall not be included in the next rulemaking
102.6proceeding initiated by the board.
102.7 (f) The board may reconsider a proposed rule or rule amendment during an
102.8active rulemaking proceeding in which the amendment previously failed to receive an
102.9affirmative majority vote of all of the voting members of the board only if new or updated
102.10information that affects the proposed rule or rule amendment is presented to the board.
102.11The board may also reconsider a failed proposed rule or rule amendment in subsequent
102.13 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
102.14board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
102.15and in such a manner as the bylaws may provide.
102.16 (b) If compliance with section 13D.02 is impractical, the board may conduct a
102.17meeting of its members by telephone or other electronic means so long as the following
102.18conditions are met:
102.19 (1) all members of the board participating in the meeting, wherever their physical
102.20location, can hear one another and can hear all discussion and testimony;
102.21 (2) members of the public present at the regular meeting location of the board can
102.22hear clearly all discussion and testimony and all votes of members of the board and, if
102.23needed, receive those services required by sections 15.44 and 15.441;
102.24 (3) at least one member of the board is physically present at the regular meeting
102.26 (4) all votes are conducted by roll call, so each member's vote on each issue can be
102.27identified and recorded.
102.28 Each member of the board participating in a meeting by telephone or other electronic
102.29means is considered present at the meeting for purposes of determining a quorum and
102.30participating in all proceedings.
102.31 If telephone or other electronic means is used to conduct a regular, special, or
102.32emergency meeting, the board, to the extent practical, shall allow a person to monitor
102.33the meeting electronically from a remote location. The board may require the person
102.34making such a connection to pay for documented costs that the board incurs as a result of
102.35the additional connection.
103.1 If telephone or other electronic means is used to conduct a regular, special, or
103.2emergency meeting, the board shall provide notice of the regular meeting location, of the
103.3fact that some members may participate by telephone or other electronic means, and that a
103.4person may monitor the meeting electronically from a remote location. The timing and
103.5method of providing notice is governed by section 13D.04.
103.6 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
103.7the substance of any complaint or communication it receives, whether in writing or orally,
103.8that alleges or implies a violation of a statute, rule, or order that the commissioner has
103.9the authority to enforce pertaining to the license or registration of any person authorized
103.10by the department to provide high pressure piping services, the performance or offering
103.11to perform high pressure piping services requiring licensure by an unlicensed person, or
103.12high pressure code compliance. Each complaint or communication that is forwarded to the
103.13commissioner shall be submitted on a form provided by the commissioner.
103.14 (b) The commissioner shall advise the board of the status of a complaint within 90
103.15days after the board's written submission is received, or within 90 days after the board
103.16is provided with a written request for additional information or documentation from the
103.17commissioner or the commissioner's designee, whichever is later. The commissioner shall
103.18advise the board of the disposition of a complaint referred by the board within 180 days
103.19after the board's written submission is received. The commissioner shall annually report to
103.20the board a summary of the actions taken in response to complaints referred by the board.
103.21 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
103.22Government Data Practices Act, and shall protect from unlawful disclosure data classified
103.23as not public.
103.24 Subd. 10. Official records. The board shall make and preserve all records necessary
103.25to a full and accurate knowledge of its official activities in accordance with section 15.17.
Sec. 4. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
Subdivision 1. License required; rules; time credit.
engage in or work at the business of a contracting high pressure
pipefitter unless issued an
individual contracting pipefitter license to do so by the department
of Labor and Industry
103.30under rules adopted by the board
. No license shall be required for repairs on existing
shall engage in or work at the business of journeyman
pipefitter unless issued an individual journeyman pipefitter competency
license to do so by the department
of Labor and Industry under rules adopted by the board
A person possessing an individual contracting pipefitter competency license may also
work as a journeyman high pressure
, partnership, firm, or corporation
shall construct or
install 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, a
contracting high pressure
pipefitter individual competency license or a journeyman high
pipefitter individual competency license is responsible for ensuring that
pressure pipefitting work
conducted by the person, partnership, firm, or corporation being
in conformity with Minnesota Statutes and Minnesota Rules.
Department of Labor and Industry board
shall prescribe rules, not inconsistent
herewith, for the examination and individual competency licensing of contracting high
pipefitters and journeyman high pressure
pipefitters 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 of Labor and
Industry in regulating pipefitting shall not receive time credit for the inspection duties
when making an application for a license required by this section.
Sec. 5. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
Subd. 2. High pressure pipefitting business license.
Before obtaining a permit
for high pressure piping work, a person
, partnership, firm, or corporation
must obtain or
utilize a business with a high pressure piping business license.
, partnership, firm, or corporation
must have at all times as a full-time
employee at least one individual holding an individual contracting high pressure
competency license. Only full-time employees who hold individual contracting high
pipefitter licenses are authorized to obtain high pressure piping permits in the
name of the business. The individual contracting high pressure
license holder can be the employee of only one high pressure piping business at a time.
To retain its business license without reapplication, a person
, partnership, firm, or
holding a high pressure piping business license that ceases to employ
holding an individual contracting high pressure
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
of Labor and Industry
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 high pressure
pipefitter competency license holder on staff. If a license holder is not employed within
60 days after the last day of employment of the previous license holder
, the pipefitting
business license shall lapse.
Department of Labor and Industry board
shall prescribe by rule procedures for
application for and issuance of business licenses
Sec. 6. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
105.7 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
105.8license without examination, upon payment of the required fee, nonresident applicants
105.9who are licensed under the laws of a state having standards for licensing which the
105.10commissioner determines are substantially equivalent to the standards of this state if
105.11the other state grants similar privileges to Minnesota residents duly licensed in this
105.12state. Applicants who receive a temporary license under this section may acquire an
105.13aggregate of 24 months of experience before they have to apply and pass the licensing
105.14examination. Applicants must register with the commissioner of labor and industry and
105.15the commissioner shall set a fee for a temporary license. Applicants have five years in
105.16which to comply with this section.
Sec. 7. Minnesota Statutes 2006, section 326.50, is amended to read:
105.18326.50 LICENSE APPLICATION
; FEES AND RENEWAL.
Application for an individual contracting high pressure
pipefitter competency or an
individual journeyman high pressure
pipefitter competency license shall be made to the
of Labor and Industry
, with fees. The applicant shall be licensed only after
passing an examination developed and administered
by the department
of Labor and
105.23 Industry in accordance with rules adopted by the board
. A competency license issued by
105.24the department shall expire on December 31 of each year. A renewal application must be
105.25received by the department within one year after expiration of the competency license. A
105.26license that has been expired for more than one year cannot be renewed, and can only be
105.27reissued if the applicant submits a new application for the competency license, pays a new
105.28application fee, and retakes and passes the applicable license examination.
Sec. 8. 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
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
with the following exceptions:.
106.3 (1) each licensee who renews a license shall pay in addition to the appropriate
106.4 renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
106.5 amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
106.6 most recent fiscal year preceding the renewal, on the following scale:
|$1,000,000 to $5,000,000
Any person who receives a new license shall pay a fee based on the same scale;
106.12 (2) (b)
The purpose of this fund is:
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
, 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
to reimburse the Department of
Commerce Labor and Industry
for all legal
and administrative expenses, including staffing costs, incurred in administering the fund
Nothing may obligate the fund for more than $50,000 per claimant, nor more
than $75,000 per licensee
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
106.29326.945, subdivision 3
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.
Sec. 9. Minnesota Statutes 2006, section 326.992, is amended to read:
107.2326.992 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 of
administration labor and industry
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 of
administration labor and industry
may charge each person
giving bond under this section an annual bond filing fee of $15.
The money must be
107.13 deposited in a special revenue fund and is appropriated to the commissioner to cover the
107.14 cost of administering the bond program.
Sec. 10. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
107.17 The commissioner of administration may not use the authority under Minnesota
107.18Statutes, section 16B.37, to modify transfers of authority in this act.
Sec. 11. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
107.20PRESSURE PIPING SYSTEMS.
107.21 The governor must complete the appointments required by Minnesota Statutes,
107.22section 326.471, no later than July 1, 2007. The commissioner of labor and industry
107.23shall convene the first meeting of the Board of High Pressure Piping Systems no later
107.24than September 1, 2007.
107.26IRON RANGE RESOURCES AND REHABILITATION BOARD
Section 1. Minnesota Statutes 2006, section 298.227, is amended to read:
107.28298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
An amount equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section
298.28, subdivision 9a
, shall be held by
the Iron Range Resources and Rehabilitation Board in a separate taconite economic
development fund for each taconite and direct reduced ore producer. Money from the
fund for each producer shall be released by the commissioner after review by a joint
committee consisting of an equal number of representatives of the salaried employees and
the nonsalaried production and maintenance employees of that producer. The District 11
director of the United States Steelworkers of America, on advice of each local employee
president, shall select the employee members. In nonorganized operations, the employee
committee shall be elected by the nonsalaried production and maintenance employees.
The review must be completed no later than six months after the producer presents a
proposal for expenditure of the funds to the committee. The funds held pursuant to this
section may be released only for acquisition of plant and stationary mining
facilities for the producer or for research and development in Minnesota on new mining, or
taconite, iron, or steel production technology, but only if the producer provides a matching
expenditure to be used for the same purpose of at least 50 percent of the distribution based
cents per ton beginning with distributions in 2002. Effective for proposals for
108.14expenditures of money from the fund beginning the day following final enactment, the
108.15commissioner may not release the funds before the next scheduled meeting of the board.
108.16If the board rejects a proposed expenditure, the funds must be deposited in the Taconite
108.17Environmental Protection Fund under sections 298.222 to 298.225.
If a producer uses
money which has been released
from the fund prior to the day following final enactment
procure haulage trucks, mobile equipment, or mining shovels, and the producer removes
the piece of equipment from the taconite tax relief area defined in section
ten years from the date of receipt of the money from the fund, a portion of the money
granted from the fund must be repaid to the taconite economic development fund. The
portion of the money to be repaid is 100 percent of the grant if the equipment is removed
from the taconite tax relief area within 12 months after receipt of the money from the fund,
declining by ten percent for each of the subsequent nine years during which the equipment
remains within the taconite tax relief area. If a taconite production facility is sold after
operations at the facility had ceased, any money remaining in the fund for the former
producer may be released to the purchaser of the facility on the terms otherwise applicable
to the former producer under this section. If a producer fails to provide matching funds
for a proposed expenditure within six months after the commissioner approves release
of the funds, the funds are available for release to another producer in proportion to the
distribution provided and under the conditions of this section. Any portion of the fund
which is not released by the commissioner within two years of its deposit in the fund shall
be divided between the taconite environmental protection fund created in section
and the Douglas J. Johnson economic protection trust fund created in section
placement in their respective special accounts. Two-thirds of the unreleased funds shall be
distributed to the taconite environmental protection fund and one-third to the Douglas J.
Johnson economic protection trust fund.
109.3EFFECTIVE DATE.This section is effective for proposals for expenditures of
109.4money from the fund the day following final enactment.
Sec. 2. APPROPRIATION; IRON RANGE RESOURCES AND
109.7 (a) $575,000 is appropriated from the Iron Range Resources and Rehabilitation
109.8Board fund for fiscal year 2008 for allocation in this section:
109.9 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
109.10infrastructure to a peat project in Spencer Township in Aitkin County;
109.11 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
109.12Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
109.13endowment for the preservation;
109.14 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
109.15organization to employ youth for the construction of community centers;
109.16 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
109.18 (5) $75,000 is for a grant to the city of Chisholm to improve infrastructure at the
109.19city-owned baseball field.
109.20 These are onetime appropriations.
Sec. 3. IRRRB BUILDING.
109.22 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
109.23Minnesota is designated and named the Joe Begich Building and shall be signed as such
109.24at every entrance.
Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
Personal Direct supervision. The term "personal "Direct
that a person licensed to perform electrical work oversees and directs the electrical
109.30 work performed by an unlicensed person such that:
the licensed person actually reviews the electrical work performed by the
110.2 unlicensed person an unlicensed individual is being supervised by an individual licensed
110.3to perform the electrical work being supervised
(2) during the entire working day of the unlicensed individual, the licensed
110.5individual is physically present at the location where the unlicensed individual is
110.6preforming electrical work and immediately available to the unlicensed individual;
is physically present and
immediately available to
at all times for assistance and direction;
110.9 (4) electronic supervision does not meet the requirement of physically present and
110.11 (5) the licensed individual shall review the electrical work performed by the
110.12unlicensed individual before the electrical work is operated; and
110.13 (3) (6)
is able to and does determine that all electrical
work performed by the unlicensed
is performed in compliance with
is responsible for the compliance with section
of all electrical work performed by the unlicensed
Sec. 2. [326.2411] BOARD OF ELECTRICITY.
110.19 Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12
110.20members. Eleven members shall be appointed by the governor with the advice and consent
110.21of the senate and shall be voting members. Appointments of members by the governor
110.22shall be made in accordance with section 15.066. If the senate votes to refuse to consent
110.23to an appointment of a member made by the governor, the governor shall appoint a new
110.24member with the advice and consent of the senate. One member shall be the commissioner
110.25of labor and industry or the commissioner's designee, who shall be a voting member. Of
110.26the 11 appointed members, the composition shall be as follows:
110.27 (1) one member shall be an electrical inspector;
110.28 (2) two members shall be representatives of the electrical suppliers in rural areas;
110.29 (3) two members shall be master electricians, who shall be contractors;
110.30 (4) two members shall be journeyman electricians;
110.31 (5) one member shall be a registered consulting electrical engineer;
110.32 (6) two members shall be power limited technicians, who shall be technology
110.33system contractors primarily engaged in the business of installing technology circuits
110.34or systems; and
110.35 (7) one member shall be a public member as defined by section 214.02.
111.1 The electrical inspector shall be appointed to a term to end December 31, 2011. One
111.2of the rural electrical suppliers shall be appointed for a term to end December 31, 2011,
111.3and one rural electrical supplier shall serve for a term to end December 31, 2010. The
111.4consulting electrical engineer shall be appointed for a term to end December 31, 2011.
111.5One of the master electrician contractors shall be appointed for a term to end December
111.631, 2011, and one master electrician contractor shall be appointed for a term to end
111.7December 31, 2010. One of the journeyman electricians shall be appointed for a term to
111.8end December 31, 2011, and one journeyman electrician shall be appointed for a term to
111.9end December 31, 2010. One of the power limited technicians shall be appointed for a
111.10term to end December 31, 2011, and one power limited technician shall be appointed for
111.11a term to end December 31, 2010. The public member shall be appointed for a term to
111.12end December 31, 2010.
111.13 (b) The consulting electrical engineer must possess a current Minnesota professional
111.14engineering license and maintain the license for the duration of the term served on the
111.15board. All other appointed members, except the public member and the representatives of
111.16electrical suppliers in rural areas, must possess a current electrical license issued by the
111.17Department of Labor and Industry and maintain that license for the duration of their terms.
111.18All appointed members must be residents of Minnesota at the time of and throughout
111.19their terms. The term of any appointed member who does not maintain membership
111.20qualification status shall end on the date of status change and the governor shall appoint
111.21a replacement member. It is the responsibility of the member to notify the board of a
111.22change in the member's status.
111.23 (c) For appointed members, except the initial terms designated in paragraph (a), each
111.24term shall be three years with the terms ending on the first Monday in January. Members
111.25appointed by the governor shall be limited to three consecutive terms. The governor shall,
111.26all or in part, reappoint the current members or appoint replacement members with the
111.27advice and consent of the senate. Midterm vacancies shall be filled for the remaining
111.28portion of the term. Vacancies occurring with less than six months time remaining in the
111.29term shall be filled for the existing term and the following three-year term. Members may
111.30serve until their successors are appointed but in no case later than July 1 in a year in
111.31which the term expires unless reappointed.
111.32 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
111.34 (1) elect its chair, vice-chair, and secretary;
112.1 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
112.2board, and contain such other provisions as may be useful and necessary for the efficient
112.3conduct of the business of the board;
112.4 (3) the Minnesota Electrical Code shall be the most current edition of the National
112.5Electrical Code upon its adoption by the board and any amendments thereto as adopted
112.6by the board. The board shall adopt the most current edition of the National Electrical
112.7Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
112.86, paragraphs (b) and (c);
112.9 (4) review requests for final interpretations and issue final interpretations as provided
112.10in section 16B.63, subdivision 5;
112.11 (5) adopt rules that regulate the licensure or registration of electrical businesses,
112.12electrical contractors, master electricians, journeyman electricians, class A installer, class
112.13B installer, power limited technicians, and other persons who perform electrical work.
112.14The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
112.156, paragraphs (d) and (e);
112.16 (6) adopt rules that regulate continuing education for individuals licensed or
112.17registered as electrical businesses, electrical contractors, master electricians, journeyman
112.18electricians, class A installer, class B installer, power limited technicians, and other
112.19persons who perform electrical work. The board shall adopt these rules pursuant to
112.20chapter 14 and as provided in subdivision 6, paragraph (e);
112.21 (7) advise the commissioner regarding educational requirements for electrical
112.23 (8) refer complaints or other communications, whether orally or in writing, that
112.24allege or imply a violation of a statute, rule, or order that the commissioner has the
112.25authority to enforce pertaining to code compliance, licensure, or an offering to perform or
112.26performance of unlicensed electrical services to the commissioner under subdivision 8;
112.27 (9) approve per diem and expenses deemed necessary for its members as provided in
112.29 (10) approve license reciprocity agreements;
112.30 (11) select from its members individuals to serve on any other state advisory council,
112.31board, or committee; and
112.32 (12) recommend the fees for licenses and certifications.
112.33 Except for the powers granted to the Board of Electricity, the commissioner of labor
112.34and industry shall administer and enforce the provisions of sections 326.241 to 326.248
112.35and any rules promulgated pursuant thereto.
112.36 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
113.1 (c) The commissioner shall coordinate the board's rulemaking and recommendations
113.2with the recommendations and rulemaking conducted by the other boards. The
113.3commissioner shall provide staff support to the board. The support includes professional,
113.4legal, technical, and clerical staff necessary to perform rulemaking and other duties
113.5assigned to the board. The commissioner of labor and industry shall supply necessary
113.6office space and supplies to assist the board in its duties.
113.7 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
113.8of $55 per day spent on board activities, when authorized by the board, plus expenses, in
113.9the same manner and amount as authorized by the commissioner's plan adopted under
113.10section 43A.18, subdivision 2. Members who, as a result of time spent attending board
113.11meetings, incur child care expenses that would not otherwise have been incurred, may be
113.12reimbursed for those expenses upon board authorization.
113.13 (b) Members who are state employees or employees of political subdivisions of
113.14the state must not receive the daily payment for activities that occur during working
113.15hours for which they are compensated by the state or political subdivision. However, a
113.16state or political subdivision employee may receive the daily payment if the employee
113.17uses vacation time or compensatory time accumulated in accordance with a collective
113.18bargaining agreement or compensation plan for board activities. Members who are state
113.19employees or employees of the political subdivisions of the state may receive the expenses
113.20provided for in this subdivision unless the expenses are reimbursed by another source.
113.21Members who are state employees or employees of political subdivisions of the state
113.22may be reimbursed for child care expenses only for time spent on board activities that
113.23are outside their working hours.
113.24 (c) The board shall adopt internal standards prescribing what constitutes a day spent
113.25on board activities for purposes of making daily payments under this subdivision.
113.26 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
113.27removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
113.28missing three consecutive meetings. The chair of the board shall inform the governor of
113.29an appointed member missing three consecutive meetings. After the second consecutive
113.30missed meeting and before the next meeting, the secretary of the board shall notify the
113.31appointed member in writing that the member may be removed for missing the next
113.32meeting. In the case of a vacancy on the board, the governor shall, with the advice
113.33and consent of the senate, appoint a person to fill the vacancy for the remainder of the
113.35 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
114.1 Subd. 5. Membership vacancies within three months of appointment.
114.2 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
114.3three months after being filled through the appointment process, the governor may,
114.4upon notification to the Office of the Secretary of State, choose a new member from the
114.5applications on hand and need not repeat the process.
114.6 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
114.7members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
114.8majority of members of the board qualified to vote on the matter in question. All questions
114.9concerning the manner in which a meeting is conducted or called that are not covered
114.10by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
114.11specified by the bylaws.
114.12 (b) Except as provided in paragraph (c), each Electrical Code amendment considered
114.13by the board that receives an affirmative two-thirds or more majority vote of all of the
114.14voting members of the board shall be included in the next Electrical Code rulemaking
114.15proceeding initiated by the board. If an Electrical Code amendment considered, or
114.16reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
114.17members of the board, the Electrical Code amendment shall not be included in the next
114.18Electrical Code rulemaking proceeding initiated by the board.
114.19 (c) The board may reconsider Electrical Code amendments during an active
114.20Electrical Code rulemaking proceeding in which the amendment previously failed to
114.21receive a two-thirds or more majority vote of all of the voting members of the board only if
114.22new or updated information that affects the Electrical Code amendment is presented to the
114.23board. The board may also reconsider failed Electrical Code amendments in subsequent
114.24Electrical Code rulemaking proceedings.
114.25 (d) Except as provided in paragraph (e), each proposed rule and rule amendment
114.26considered by the board pursuant to the rulemaking authority specified in subdivision 2,
114.27paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of the all the
114.28voting members of the board shall be included in the next rulemaking proceeding initiated
114.29by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
114.30board receives less than an affirmative majority vote of all of the voting members of the
114.31board, the proposed rule or rule amendment shall not be included in the next rulemaking
114.32proceeding initiated by the board.
114.33 (e) The board may reconsider a proposed rule or rule amendment during an
114.34active rulemaking proceeding in which the amendment previously failed to receive an
114.35affirmative majority vote of all of the voting members of the board only if new or updated
114.36information that affects the proposed rule or rule amendment is presented to the board.
115.1The board may also reconsider a failed proposed rule or rule amendment in subsequent
115.3 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
115.4board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
115.5and in such a manner as the bylaws may provide.
115.6 (b) If compliance with section 13D.02 is impractical, the board may conduct a
115.7meeting of its members by telephone or other electronic means so long as the following
115.8conditions are met:
115.9 (1) all members of the board participating in the meeting, wherever their physical
115.10location, can hear one another and can hear all discussion and testimony;
115.11 (2) members of the public present at the regular meeting location of the board can
115.12hear clearly all discussion and testimony and all votes of members of the board and, if
115.13needed, receive those services required by sections 15.44 and 15.441;
115.14 (3) at least one member of the board is physically present at the regular meeting
115.16 (4) all votes are conducted by roll call, so each member's vote on each issue can be
115.17identified and recorded.
115.18 Each member of the board participating in a meeting by telephone or other electronic
115.19means is considered present at the meeting for purposes of determining a quorum and
115.20participating in all proceedings.
115.21 If telephone or other electronic means is used to conduct a regular, special, or
115.22emergency meeting, the board, to the extent practical, shall allow a person to monitor
115.23the meeting electronically from a remote location. The board may require the person
115.24making such a connection to pay for documented costs that the board incurs as a result of
115.25the additional connection.
115.26 If telephone or other electronic means is used to conduct a regular, special, or
115.27emergency meeting, the board shall provide notice of the regular meeting location, of the
115.28fact that some members may participate by telephone or other electronic means, and that a
115.29person may monitor the meeting electronically from a remote location. The timing and
115.30method of providing notice is governed by section 13D.04.
115.31 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
115.32the substance of any complaint or communication it receives, whether in writing or orally,
115.33that alleges or implies a violation of a statute, rule, or order that the commissioner has the
115.34authority to enforce pertaining to the license or registration of any person authorized by the
115.35department to provide electrical services, the performance or offering to perform electrical
115.36services requiring licensure by an unlicensed person, or Electrical Code compliance. Each
116.1complaint or communication that is forwarded to the commissioner shall be submitted
116.2on a form provided by the commissioner.
116.3 (b) The commissioner shall advise the board of the status of a complaint within 90
116.4days after the board's written submission is received, or within 90 days after the board
116.5is provided with a written request for additional information or documentation from the
116.6commissioner or the commissioner's designee, whichever is later. The commissioner shall
116.7advise the board of the disposition of a complaint referred by the board within 180 days
116.8after the board's written submission is received. The commissioner shall annually report to
116.9the board a summary of the actions taken in response to complaints referred by the board.
116.10 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
116.11Government Data Practices Act, and shall protect from unlawful disclosure data classified
116.12as not public.
116.13 Subd. 10. Official records. The board shall make and preserve all records necessary
116.14to a full and accurate knowledge of its official activities in accordance with section 15.17.
Sec. 3. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
Subd. 3d. Power limited technician.
(a) Except as otherwise provided by law,
shall install, alter, repair, plan, lay out, or supervise the installing,
repairing, planning, or laying out
of electrical wiring, apparatus, or equipment
for technology circuits or systems unless:
is licensed by the
as a power limited
(2) the electrical work is:
(i) for a licensed contractor and the
is an employee, partner, or
officer of, or is the licensed contractor; or
(ii) performed under the direct
supervision of a master electrician or power limited
technician also employed by the
employer on technology circuits,
systems, apparatus, equipment, or facilities that are
owned or leased by the employer that
are located within the limits of property operated, maintained, and either
owned or leased
116.29 operated, and maintained
by the employer.
(b) An applicant for a power limited technician's license shall (1) be a graduate
of a four-year electrical course
in offered by
an accredited college or university; or (2)
have had at least 36 months' experience, acceptable to the board, in planning for, laying
installing, altering and repairing
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 may initially set experience requirements without rulemaking, but
117.4 must adopt rules before July 1, 2004.
Licensees must attain
hours of continuing education acceptable to
the board every renewal period.
(e) A person who has submitted an application by June 30, 2003, to take the alarm
117.8 and communications examination administered by the board, and who has achieved a
117.9 minimal score of 70 percent on the examination by September 30, 2003, may obtain a
117.10 power limited technician license without further examination by submitting an application
117.11 and a license fee of $30.
117.12 (f) (d)
A company holding an alarm and communication license as of June 30, 2003,
may designate one
who may obtain a power limited technician license
without passing an examination administered by the
by submitting an
application and license fee of $30.
A person who has submitted an application by
September 30, 2005 December
, to take the power limited technician examination administered by the
is not required to meet the qualifications set forth in paragraph (b).
117.19EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
Subd. 5. Unlicensed
(a) An unlicensed
117.22means an individual who has not been licensed by the department to perform specific
117.23electrical work. An unlicensed individual
shall not perform electrical work required to
117.24be performed by a licensed individual
unless the individual has first registered with the
117.25department as an unlicensed individual. Thereafter, an unlicensed individual shall not
117.26perform electrical work required to be performed by a licensed individual unless
is performed under the
a person an individual
licensed to perform such work
persons are individual must be
employed by the same employer. Licensed
shall not permit unlicensed
to perform electrical work
except under the
a person an individual
actually licensed to
perform such work. Unlicensed
shall not supervise the performance of
electrical work or make assignments of electrical work to unlicensed
Except for technology circuit or system work, licensed
no more than two unlicensed
. For technology circuit or system
shall supervise no more than three unlicensed
(b) Notwithstanding any other provision of this section, no
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
persons performing individuals to perform
electrical work shall maintain records establishing compliance with this subdivision,
work, except for persons working on circuits or systems exempted from personal licensing
by subdivision 12, paragraph (b), and shall permit the
to examine and
copy all such records
as provided for in section
326.244, subdivision 6
118.13 (d) When a licensed individual supervises the electrical work of an unlicensed
118.14individual, the licensed individual is responsible for ensuring that the electrical work
118.15complies with the Minnesota Electrical Act and rules adopted under the act.
Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
118.18 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
118.19performing electrical work for a contractor or employer shall register with the department
118.20in the manner prescribed by the commissioner. Experience credit for electrical work
118.21performed in Minnesota after January 1, 2008, by an applicant for a license identified in
118.22this section shall not be granted where the applicant has not registered with or is not
118.23licensed by the department.
Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read:
Subd. 8. License, registration, and renewal fees; expiration.
All licenses issued
118.26 hereunder shall expire in a manner as provided by the board. (a) Unless revoked or
118.27suspended under this chapter, all licenses issued or renewed under this section expire
118.28on the date specified in this subdivision. Master licenses expire March 1 of each
118.29odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
118.301 of each even-numbered year after issuance or renewal. Technology system contractor
118.31licenses expire August 1 of each even-numbered year after issuance or renewal. All
118.32other personal licenses expire two years from the date of original issuance and every two
118.33years thereafter. Registrations of unlicensed individuals expire one year from the date of
118.34original issuance and every year thereafter.
, as set by the board, shall be payable
for application and
119.2for the original
issuance and each subsequent
of the following, are
(1) For each personal license application and
Class A Master.
119.5 Class B Master.
119.6 Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
119.7 Special Electrician.
(2) For original
of original license
and each subsequent
Class A Master
. or master special electrician, including master elevator constructor:
119.10$40 per year;
Class B Master
.: $25 per year;
Power Limited Technician
.: $15 per year;
Class A Journeyman, Class B Journeyman, Installer, or Special Electrician
119.14than master special electrician: $15 per year;
contractor: $100 per year
Technology Systems Contractor Unlicensed individual registration: $15 per year
119.17 (c) If any new license is issued in accordance with this subdivision for less than two
119.18years, the fee for the license shall be prorated on an annual basis.
119.19 (d) A license fee may not be refunded after a license is issued or renewed. However,
119.20if the fee paid for a license was not prorated in accordance with this subdivision, the
119.21amount of the overpayment shall be refunded.
119.22 (e) Any contractor who seeks reissuance of a license after it has been revoked or
119.23suspended under this chapter shall submit a reissuance fee of $100 before the license is
119.25 (f) The fee for the issuance of each duplicate license is $15.
An individual or contractor who fails to renew a license before 30 days after
the expiration or registration
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 or registrations
are not prorated. An individual or contractor that fails to renew a license or registration
the expiration date is unlicensed until the license or registration
Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
Subd. 11. Reciprocity.
To the extent that any other state which provides for the
119.33 licensing of electricians provides for similar action the board may grant licenses, without
119.34 examination, of the same grade and class to an electrician who has been licensed by such
119.35 other state for at least one year, upon payment by the applicant of the required fee and
120.1 upon the board being furnished with proof that the required fee and upon the board being
120.2 furnished with proof that the qualifications of the applicant are equal to the qualifications
120.3 of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
120.4agreements for personal licenses with another state if approved by the board. Once
120.5approved by the board, the commissioner may issue a personal license without requiring
120.6the applicant to pass an examination provided the applicant:
120.7 (a) submits an application under section 326.242;
120.8 (b) pays the fee required under section 326.242; and
120.9 (c) holds a valid comparable license in the state participating in the agreement.
120.10 Agreements are subject to the following:
120.11 (1) The parties to the agreement must administer a statewide licensing program that
120.12includes examination and qualifying experience or training comparable to Minnesota's.
120.13 (2) The experience and training requirements under which an individual applicant
120.14qualified for examination in the qualifying state must be deemed equal to or greater than
120.15required for an applicant making application in Minnesota at the time the applicant
120.16acquired the license in the qualifying state.
120.17 (3) The applicant must have acquired the license in the qualifying state through an
120.18examination deemed equivalent to the same class of license examination in Minnesota.
120.19A lesser class of license may be granted where the applicant has acquired a greater
120.20class of license in the qualifying state and the applicant otherwise meets the conditions
120.21of this subdivision.
120.22 (4) At the time of application, the applicant must hold a valid license in the
120.23qualifying state and have held the license continuously for at least one year before making
120.24application in Minnesota.
120.25 (5) An applicant is not eligible for a license under this subdivision if the applicant
120.26has failed the same or greater class of license examination in Minnesota, or if the
120.27applicant's license of the same or greater class has been revoked or suspended.
120.28 (6) An applicant who has failed to renew a personal license for two years or more
120.29after its expiration is not eligible for a license under this subdivision.
Sec. 8. Minnesota Statutes 2006, section 326.2441, is amended to read:
120.31326.2441 INSPECTION FEE SCHEDULE.
Subdivision 1. Schedule.
State electrical inspection fees shall be
120.33 to calculated in accordance with
subdivisions 2 to
Subd. 2. Fee for each separate inspection.
The minimum fee for each separate
inspection of an installation, replacement, alteration, or repair is
$20. $35. Except as
121.1otherwise provided in this section, the maximum number of separate inspections allowed
121.2without payment of an additional fee is the whole number resulting from dividing by
121.335 the total fee calculated in accordance with this section. Where additional separate
121.4inspections are necessary, additional fees are required to result in a value equal to the total
121.5number of separate inspections multiplied by 35. The fee for any inspections needed after
121.6a "final inspection" is performed shall be calculated without consideration of any fee
121.7paid before the final inspection.
Subd. 3. Fee for services, generators, other power supply sources, or feeders to
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,
(2) 401 ampere to and including 800 ampere capacity,
(3) ampere capacity above 800,
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 sets of transformer secondary
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,
(2) ampere capacity above 200,
121.24 Where existing feeders and circuits are reconnected to overcurrent devices installed
121.25as part of the replacement of an existing disconnect, switchboard, motor control center, or
121.26panelboard, the inspection fee for each circuit or feeder is $2.
Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
(a) The inspection
fee for a one-family dwelling and each dwelling unit of a two-family
with a supply of up to 500 amperes where a combination of ten or more sources
121.30 of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. is
121.32 (1) the fee for each service or other source of power as provided in subdivision 3;
121.33 (2) $100 for up to 30 feeders and circuits; and
121.34 (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
This fee applies to each separate installation for new dwellings and
121.36 or repairs to existing dwellings and includes not more than two inspections. where 15
122.1or more feeders or circuits are installed or extended in connection with any addition,
122.2alteration, or repair to existing dwellings. Where existing feeders and circuits are
122.3reconnected to overcurrent devices installed as part of the replacement of an existing
122.4panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
122.5of separate inspections shall be determined in accordance with subdivision 2.
fee for additional inspections or other installations is that specified in subdivisions 2
4, 6, and 8
. The installer may submit fees for additional inspections when filing the
request for electrical inspection. The fee for each detached accessory structure directly
122.9associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
122.104. When included on the same request for electrical inspection form, inspection fees for
122.11detached accessory structures directly associated with the dwelling unit may be combined
122.12with the dwelling unit fees to determine the maximum number of separate inspections in
122.13accordance with subdivision 2.
(b) The inspection
fee for each dwelling unit of a multifamily dwelling with three
to 12 or more
dwelling units is
$50 and the fee for each additional dwelling unit is $25.
122.16$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
122.17or circuit. This fee applies to each separate installation for each new dwelling unit and
122.18where ten or more feeders or circuits are installed or extended in connection with any
122.19addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
122.20are reconnected to overcurrent devices installed as part of the replacement of an existing
122.21panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
122.22of separate inspections for each dwelling unit shall be determined in accordance with
122.23subdivision 2. The fee for additional inspections or for inspection of other installations
122.24is that specified in subdivisions 2, 4, 6, and 8.
These fees include only inspection of the
wiring within individual dwelling units and the final feeder to that unit
. This limitation is
122.26 subject to the following conditions:
122.27 (1) where
the multifamily dwelling is provided with common service equipment
and each dwelling unit is supplied by a separate feeder or feeders extended from common
122.29service or distribution equipment
. The fee for multifamily dwelling services or other
power source supplies and all other circuits is that specified in subdivisions 2 to 4
122.31 (2) this limitation applies only to new installations for multifamily dwellings where
122.32 the majority of the individual dwelling units are available for inspection during each
122.33 inspection trip.
(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
. 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
123.7for each circuit originating within the equipment
. 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
123.10 fee for
each traffic signal standard is $5. Circuits originating within the standard or traffic
signal controller shall not be used when
the fee for each standard
(d) The fee for transformers for light, heat, and power is
rated up to ten kilovolt-amperes and
for transformers rated in excess of ten
kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
123.15supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
(e) The fee for transformers and electronic power supplies for electric signs and
outline lighting is $5 per unit.
(f) The fee for
alarm, communication, remote control, and signaling technology
circuits or systems, and circuits of less than 50 volts, is
cents for each system device
(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
shall be $20 is $35
. Bonding conductors and connections require an inspection before
(h) The fee for all wiring installed on center pivot irrigation booms is
$40 $35 plus
123.27$5 for each electrical drive unit
(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
lighting fixture luminaire
123.30 (j) When a separate inspection of a concrete-encased grounding electrode is
123.31performed, the fee is $35.
123.32 (k) The fees required by subdivisions 3 and 4 are doubled for installations over
Subd. 7. Investigation fees: work without a request for electrical inspection.
(a) Whenever any work for which a request for electrical inspection is required
has begun without the request for electrical inspection form being filed with the
, 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
hourly rate minimum fee
specified in subdivision
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
rules or statutes nor from any penalty prescribed by law.
Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
when reinspection is necessary to determine whether unsafe conditions identified during a
have been corrected and the conditions are not the subject of an appeal
pending before the
or any court, a reinspection fee of
$20 may $35
be 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
$20 may $35 shall
be 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
shall be $30 is $80
per hour, including
travel time, plus
31 cents the standard mileage rate
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
This fee may also be assessed when installations are not accessible by roadway and
require alternate forms of transportation
. or are located in the Northwest Angle, or when
124.25inspections are performed outside of Minnesota. For purposes of this subdivision,
124.26the standard mileage rate is the standard mileage rate effective at the time of travel,
124.27as established by the Internal Revenue Service for computing the deductible costs of
124.28operating an automobile for business expense purposes.
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
(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
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
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
and where the
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
per unit with a
supply of up to 60 amperes and
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
two hours one
at 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.
board may commissioner shall
retain the inspection fee when an owner,
operator, or appointed representative of a transitory enterprise fails to notify the
at least 48 hours in advance of a scheduled inspection that is canceled.
125.31 Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions
125.322 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
125.33commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
Subd. 12. Handling fee.
The handling fee to pay the cost of printing and handling
of the paper
form requesting an electrical
inspection is up to
Subd. 13. National Electrical Code used for interpretation of provisions.
purposes of interpretation of 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.
Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
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
Advisory Council Board
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:
ADVISORY COUNCIL BOARD.
Subdivision 1. Members.
The commissioner of labor and industry, hereinafter
called the commissioner, shall appoint an Apprenticeship
Advisory Council Board
hereinafter referred to as the
, 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
and shall serve in an advisory capacity only.
Subd. 2. Terms.
shall expire and the terms, compensation, and
removal of appointed members shall be as provided in section
, except that the
126.33 council shall not expire before June 30, 2003
Subd. 4. Duties.
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
deems 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 and consultation
of the Apprenticeship
127.9 Council Board
, is authorized: to administer the provisions of this chapter; to promote
apprenticeship and other forms of on the job training; to establish, in cooperation and
with the Apprenticeship
Advisory Council Board
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
Advisory Council Board
; 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
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
with recommendations for further study, consideration and revision. If
128.8the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
128.9a board proposal, the commissioner must provide a written explanation of the reason
128.10for the refusal to the board within 30 days after the board submitted the proposal to the
Additional rules may be issued as the commissioner may deem necessary.
Section 1. Minnesota Statutes 2006, section 190.096, is amended to read:
128.15190.096 BATTLE FLAGS; REPAIR.
Subdivision 1. Authority to repair.
Notwithstanding the provisions of Minnesota
Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
may contract for the repair, restoration, and preservation of regimental battle flags,
standards, and guidons with persons or corporations skilled in such repair, restoration, and
preservation, upon terms or conditions the adjutant general or the Minnesota Historical
, subject to the approval of the commissioner of administration
Subd. 2. Surrender.
Notwithstanding the provisions of this section or
, the adjutant general or the Minnesota Historical Society
may, for the purposes
of this section, surrender the immediate custody and control of regimental battle flags,
standards, and guidons under conditions and safeguards the adjutant general or the
128.26Minnesota Historical Society
deems necessary and proper, for such time as is reasonably
necessary for their restoration, after which they shall at once be again properly stored
or displayed. The adjutant general or the Minnesota Historical Society
adequate storage and display space for flags, standards, and guidons which have been
repaired and restored.
128.31 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
128.32Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
128.33preserved under the care and control of the Minnesota Historical Society. They shall be
129.1suitably encased and marked, and, so far as the historical society may deem it consistent
129.2with the safety of the flags and colors, they shall be publicly displayed in the capitol.
129.3 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
129.4preserved under the care and control of the adjutant general. They shall be suitably
129.5encased and marked, and, so far as the adjutant general may deem it consistent with the
129.6safety of the flags and colors, shall be publicly displayed.
Sec. 2. [325E.65] SALE OF AMERICAN FLAGS.
129.8 No person in the business of offering goods at retail may sell or offer for sale in this
129.9state an American flag unless the flag was manufactured in the United States of America.
129.10EFFECTIVE DATE.This section is effective January 1, 2008.
Sec. 3. 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
. 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.
129.23 money collected by the commissioner through fees prescribed by sections
129.24 327.36 shall be deposited in the state government special revenue fund and is appropriated
129.25 to the commissioner for the purpose of administering and enforcing the Manufactured
129.26 Home Building Code under sections
Sec. 4. 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
general construction code
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.
Sec. 5. 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
. 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
All money collected by the commissioner
130.17 through fees prescribed in sections
327B.12 shall be deposited in the state
130.18 government special revenue fund and is appropriated to the commissioner for purposes of
130.19 administering and enforcing the provisions of this chapter.
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
and all taxes, arrearages, and penalties owed to the state.
Sec. 6. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
Subd. 8b. Family rental housing.
It may establish a family rental housing
assistance program to provide loans or direct rental subsidies for housing for families
with incomes of up to 80 percent of state median income, or to provide grants for the
130.33operating cost of public housing
. Priority must be given to those developments with
resident families with the lowest income. The development may be financed by the
agency or other public or private lenders. Direct rental subsidies must be administered by
the agency for the benefit of eligible families. Financial assistance provided under this
subdivision to recipients of aid to families with dependent children must be in the form
of vendor payments whenever possible. Loans, grants,
and direct rental subsidies under
this subdivision may be made only with specific appropriations by the legislature. The
limitations on eligible mortgagors contained in section
462A.03, subdivision 13
, do not
apply to loans for the rehabilitation of existing housing under this subdivision.
Sec. 7. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
Subd. 3. Contribution requirement.
Fifty percent of the funds appropriated for
this section must be used for challenge grants or loans
which meet the requirements of this
131.11 subdivision for housing proposals with financial or in-kind contributions from nonstate
131.12resources that reduce the need for deferred loan or grant funds from state resources
Challenge grants or loans must be used for economically viable homeownership or rental
housing proposals that
131.15 (1) include a financial or in-kind contribution from an area employer and either a unit
131.16 of local government or a private philanthropic, religious, or charitable organization; and
address the housing needs of the local work force.
131.18 Among comparable proposals, preference must be given to proposals that include
131.19contributions from nonstate resources for the greatest portion of the total development
131.20cost. Comparable proposals with contributions from local units of government or private
131.21philanthropic, religious, or charitable organizations must be given preference in awarding
131.22grants or loans.
For the purpose of this subdivision,
an employer a
contribution may consist partially
or wholly of the premium paid for federal housing tax credits.
Preference for grants and loans shall also be given to comparable proposals that
131.26 include a financial or in-kind contribution from a unit of local government, an area
131.27 employer, and a private philanthropic, religious, or charitable organization.
Sec. 8. Minnesota Statutes 2006, section 469.021, is amended to read:
As between applicants equally in need and eligible for occupancy of a dwelling
and at the rent involved, preference shall be given to disabled veterans, persons with
families of service persons who died in service and to families of veterans.
In admitting families of low income to dwelling accommodations in any housing project an
authority shall, as far as is reasonably practicable, give consideration to applications from
to which aid for dependent children is payable receiving assistance under chapter
, and to resident families to whom public assistance or supplemental security income
for the aged, blind, and disabled is payable, when those families are otherwise eligible.
Sec. 9. WORK GROUP.
132.5 The commissioner of employment and economic development shall convene a work
132.6group to evaluate the impact of the money appropriated for wage incentives and how the
132.7wage incentive program works. The work group is to make recommendations to the
132.8legislature by January 15, 2008.
Sec. 10. EFFECTIVE DATE.
132.10 Unless another effective date is expressly provided, this act is effective July 1, 2007.