Minnesota Legislature
HF 122
3rd Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money for jobs, economic
1.3development, and housing; establishing and modifying certain programs;
1.4providing for regulation of certain activities and practices; providing for
1.5accounts, assessments, and fees; changing codes and licensing provisions;
1.6providing penalties;amending Minnesota Statutes 2006, sections 13.7931,
1.7by adding a subdivision; 16B.61, subdivision 1a; 16B.63, subdivision 5;
1.816B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 116J.551, subdivision
1.91; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions
1.101, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04,
1.11subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116L.666,
1.12subdivision 1; 116M.18, subdivision 6a; 154.003; 177.27, subdivisions 1, 4, 8,
1.139, 10; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3, 4, 6, by adding a
1.14subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1;
1.15179A.04, subdivision 3; 181.932, subdivision 1; 181.935; 182.65, subdivision 2;
1.16190.096; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding
1.17a subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision;
1.18298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.242, subdivisions
1.193d, 5, 8, 11, by adding a subdivision; 326.2441; 326.37, subdivision 1, by adding
1.20a subdivision; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.405;
1.21326.42, subdivision 1; 326.46; 326.47, subdivision 2; 326.48, subdivisions 1,
1.222, by adding a subdivision; 326.50; 326.975, subdivision 1; 326.992; 327.33,
1.23subdivisions 2, 6; 327B.04, subdivision 7; 341.21, by adding a subdivision;
1.24341.22; 341.25; 341.27; 341.28, subdivision 2, by adding a subdivision; 341.32,
1.25subdivision 2; 341.321; 462.39, by adding a subdivision; 462A.21, subdivision
1.268b; 462A.33, subdivision 3; 469.021; 469.334; 471.471, subdivision 4; proposing
1.27coding for new law in Minnesota Statutes, chapters 116O; 154; 179; 181; 181A;
1.28182; 325E; 326; proposing coding for new law as Minnesota Statutes, chapter
1.29326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4;
1.3016C.18, subdivision 2; 176.042; 183.375, subdivision 5; 183.545, subdivision 9;
1.31268.035, subdivision 9; 326.241; 326.44; 326.45; 326.52; 326.64; 326.975.
1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.5 The amounts shown in this section summarize direct appropriations, by fund, made
2.6in this act.
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.
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
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,
3.12section116J.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
4.10expended.
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
5.16Congress.
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, section116O.115 .
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) $300,000 the first year is for a grant to the
6.2city of Worthington for an agricultural-based
6.3bioscience training and testing center. Funds
6.4appropriated under this section must be used
6.5to provide a training and testing facility for
6.6incubator firms developing new agricultural
6.7processes and products. This is a onetime
6.8appropriation and is available until expended.
6.9(m) $1,750,000 the first year is for a onetime
6.10grant to BioBusiness Alliance of Minnesota
6.11for bioscience business development
6.12programs to promote and position the state
6.13as a global leader in bioscience business
6.14activities. These funds may be used for:
6.15(1) completion and periodic updating of
6.16a statewide bioscience business industry
6.17assessment of business technology
6.18enterprises and Minnesota's competitive
6.19position employing annual updates to federal
6.20industry classification data;
6.21(2) long-term strategic planning that includes
6.22projections of market changes resulting
6.23from developments in biotechnology and the
6.24development of 20-year goals, strategies, and
6.25identified objectives for renewable energy,
6.26medical devices, biopharma, and biologics
6.27business development in Minnesota;
6.28(3) the design and construction of a
6.29Minnesota focused bioscience business
6.30model to test competing strategies and
6.31scenarios, evaluate options, and forecast
6.32outcomes; and
6.33(4) creation of a bioscience business
6.34resources network that includes development
6.35of a statewide bioscience business economic
7.1development framework to encourage
7.2bioscience business development and
7.3encourage spin-off activities, attract
7.4bioscience business location or expansion in
7.5Minnesota, and establish a local capability to
7.6support strategic system level planning for
7.7industry, government, and academia.
7.8This appropriation is available until June 30,
7.92009.
7.10(n) $250,000 the first year is to develop and
7.11operate a bioscience business marketing
7.12program to market Minnesota bioscience
7.13businesses and business opportunities
7.14to other states and other countries. The
7.15bioscience business marketing program must
7.16emphasize bioscience business location and
7.17expansion opportunities in communities
7.18outside of the seven-county metropolitan
7.19area as defined in Minnesota Statutes,
7.20section 473.121, subdivision 2, that have
7.21established collaborative plans among two
7.22or more municipal units for bioscience
7.23business activities, and that are within 15
7.24miles of a four-year, baccalaureate degree
7.25granting institution or a two-year technical
7.26or community college that offers bioscience
7.27curricula. The commissioner must report
7.28to the committees of the senate and house
7.29of representatives having jurisdiction
7.30over bioscience and technology issues by
7.31February 1 of each year on the expenditures
7.32of these funds and the promotional activities
7.33undertaken to market the Minnesota
7.34bioscience industry to persons outside of the
7.35state. This is a onetime appropriation and is
7.36available until expended.
8.1(o) $325,000 is for a grant to the Walker
8.2Area Community Center, Inc., to construct,
8.3furnish, and equip the Walker Area
8.4Community Center. This appropriation is
8.5not available until the commissioner has
8.6determined that an amount sufficient to
8.7complete the project has been committed
8.8from nonstate sources. This is a onetime
8.9appropriation and is available until expended.
8.10(p) $100,000 the first year is for a grant
8.11to the Pine Island Economic Development
8.12Authority for predesign to upgrade and
8.13extend utilities to serve Elk Run Bioscience
8.14Research Park and The Falls - Healthy
8.15Living By Nature, an integrated medicine
8.16facility. This is a onetime appropriation and
8.17is available until expended.
8.18(q) $350,000 the first year is for a grant
8.19to Thomson Township for infrastructure
8.20improvements for the industrial park. This
8.21is a onetime appropriation and is available
8.22until expended.
8.23(r) $75,000 the first year is for a grant to
8.24Le Sueur County for the cost of cleaning
8.25up debris from lakes in Le Sueur County,
8.26caused by the August 24, 2006, tornado in
8.27southern Le Sueur County. This is a onetime
8.28appropriation and is available until expended.
8.29(s) $75,000 the first year is for a grant to
8.30the city of Warroad for new public facilities
8.31to replace those damaged or destroyed
8.32by the August 2006 tornado, including
8.33approximately 28 new street lights and
8.34underground electrical circuits and a new
8.35fish cleaning house. This is a onetime
9.1appropriation and is available until expended.
9.2If an appropriation for this purpose is enacted
9.3more than once in the 2007 session, the
9.4appropriation is effective only once.
9.5(t) $500,000 the first year is for a grant to
9.6the Upper Sioux Community to improve the
9.7current water system to ensure continuity
9.8of service to the entire population of the
9.9community and to meet the demands of the
9.10community expansion over the next 20 years.
9.11The is a onetime appropriation and is not
9.12available until the Public Facilities Authority
9.13has determined that at least $1,000,000 has
9.14been committed from nonstate sources. This
9.15appropriation is available until expended.
9.16(u) $755,000 the first year is for the urban
9.17challenge grant program under Minnesota
9.18Statutes, section 116M.18. This is a onetime
9.19appropriation.
9.20(v) $1,100,000 is for a grant to the
9.21Neighborhood Development Center for
9.22assistance necessary to retain minority
9.23business enterprises at the Global Market.
9.24This is a onetime appropriation and is
9.25available until expended.
9.26(w) $350,000 the first year is for a onetime
9.27grant to the city of Inver Grove Heights
9.28to reduce debt on the Inver Grove Heights
9.29Veterans Memorial Community Center.
9.30(x) $14,900,000 the first year is for the
9.31Minnesota minerals 21st century fund created
9.32in Minnesota Statutes, section 116J.423, to
9.33partially restore the money unallotted by the
9.34commissioner of finance in 2003 pursuant
9.35to Minnesota Statutes, section 16A.152.
10.1This appropriation may be used as provided
10.2in Minnesota Statutes, section 116J.423,
10.3subdivision 2. This appropriation is available
10.4until expended.
10.5(y) $2,500,000 the first year is for a grant to
10.6the city of St. Paul to be used to pay, redeem,
10.7or refund debt service costs incurred for the
10.8River Centre Campus.
10.9(z) $147,000 each year is appropriated from
10.10the general fund to the commissioner of
10.11employment and economic development for
10.12grants of $49,000 to eligible organizations
10.13each year and for the purposes of this
10.14paragraph. Each state grant dollar must be
10.15matched with $1 of nonstate funds. Any
10.16balance in the first year does not cancel but
10.17is available in the second year. The base for
10.18these grants in fiscal years 2010 and 2011
10.19is $189,000 each year, with each eligible
10.20organization receiving a $63,000 grant each
10.21year.
10.22The commissioner of employment and
10.23economic development must make grants to
10.24organizations to assist in the development
10.25of entrepreneurs and small businesses.
10.26Three grants must be awarded to continue
10.27or to develop a program. One grant must
10.28be awarded to the Riverbend Center for
10.29Entrepreneurial Facilitation in Blue Earth
10.30County, and two to other organizations
10.31serving Faribault and Martin Counties. Grant
10.32recipients must report to the commissioner
10.33by February 1 of each year that the
10.34organization receives a grant with the
10.35number of customers served; the number of
11.1businesses started, stabilized, or expanded;
11.2the number of jobs created and retained; and
11.3business success rates. The commissioner
11.4must report to the house of representatives
11.5and senate committees with jurisdiction
11.6over economic development finance on the
11.7effectiveness of these programs for assisting
11.8in the development of entrepreneurs and
11.9small businesses.
11.10(aa) $4,100,000 the first year is for grants
11.11under Minnesota Statutes, section 116J.8731,
11.12for the Minnesota investment fund program.
11.13Of this amount, up to $2,000,000 may
11.14be used for a legal reference office and
11.15data center facility, provided that the total
11.16capital investment in the facility is at least
11.17$60,000,000. This grant is not subject to
11.18grant limitations under Minnesota Statutes,
11.19section 116J.8731, subdivision 5. This is a
11.20onetime appropriation.
11.26(a) $6,785,000 the first year and $6,785,000
11.27the second year are from the general fund
11.28for the Minnesota job skills partnership
11.29program under Minnesota Statutes, sections
11.30116L.01 to 116L.17. If the appropriation for
11.31either year is insufficient, the appropriation
11.32for the other year is available for it. This
11.33appropriation does not cancel.
11.34(b) $455,000 the first year and $455,000 the
11.35second year are from the general fund for
11.36a grant under Minnesota Statutes, section
12.1116J.8747 , to Twin Cities RISE! to provide
12.2training to hard-to-train individuals.
12.3(c) $1,375,000 each year is from
12.4the workforce development fund for
12.5Opportunities Industrialization Center
12.6programs.
12.7(d) $5,614,000 each year is from the general
12.8fund and $6,920,000 each year is from the
12.9workforce development fund for extended
12.10employment services for persons with
12.11severe disabilities or related conditions under
12.12Minnesota Statutes, section 268A.15. Of this,
12.13$125,000 each year and in the base for fiscal
12.14years 2010 and 2011 is to supplement funds
12.15paid for wage incentives for the community
12.16support fund established in Minnesota Rules,
12.17part 3300.2045.
12.18(e) $1,650,000 the first year and $1,650,000
12.19the second year are from the general fund for
12.20grants for programs that provide employment
12.21support services to persons with mental
12.22illness under Minnesota Statutes, sections
12.23268A.13 and 268A.14. Up to $77,000 each
12.24year may be used for administrative and
12.25salary expenses.
12.26(f) $2,440,000 the first year and $2,440,000
12.27the second year are from the general
12.28fund for grants under Minnesota Statutes,
12.29section268A.11 , for the eight centers
12.30for independent living. The base for this
12.31program is $2,190,000 each year in fiscal
12.32years 2010 and 2011. Money not expended
12.33the first year is available the second year.
12.34The commissioner must:
13.1(1) transfer $115,000 of federal independent
13.2living Part B rehabilitation services funds
13.3to the Minnesota Centers for Independent
13.4Living each year contingent upon the
13.5availability of federal funds under Title VII,
13.6Part B, of the Federal Rehabilitation Act of
13.71973 as amended under United States Code,
13.8title 29, section 711(c), and approved by the
13.9Statewide Independent Living Council;
13.10(2) replace federal Part B funds in the
13.11State Independent Living Council budget
13.12transferred under clause (1) with $115,000
13.13of Social Security Administration program
13.14income funds each year; and
13.15(3) provide an additional $185,000 each year
13.16from the Social Security Administration
13.17program income to the Minnesota Centers for
13.18Independent Living to be allocated equally
13.19among the eight centers.
13.20Additional funding for centers for
13.21independent living under clauses (1) and (3)
13.22must be used for core independent living
13.23services by the Centers for Independent
13.24Living. The Statewide Independent Living
13.25Council framework for statewide distribution
13.26of state and federal funding to the Minnesota
13.27Centers for Independent Living does not
13.28apply to the funds under clauses (1) and
13.29(3). The commissioner must report on the
13.30transfers in clauses (1), (2), and (3), and any
13.31other effort to pursue additional funding for
13.32the Centers for Independent Living to the
13.33standing committees of the senate and house
13.34of representatives having jurisdiction over
14.1Centers for Independent Living by March 15
14.2each year.
14.3(g) $5,940,000 the first year and $5,940,000
14.4the second year are from the general fund for
14.5state services for the blind activities.
14.6(h) $150,000 the first year and $150,000
14.7the second year are from the general fund
14.8and $175,000 the first year and $175,000
14.9the second year are from the workforce
14.10development fund for grants under Minnesota
14.11Statutes, section 268A.03, to Rise, Inc.
14.12for the Minnesota Employment Center for
14.13People Who are Deaf or Hard-of-Hearing.
14.14Money not expended the first year is
14.15available the second year.
14.16(i) $9,021,000 the first year and $9,021,000
14.17the second year are from the general fund for
14.18the state's vocational rehabilitation program
14.19for people with significant disabilities to
14.20assist with employment, under Minnesota
14.21Statutes, chapter 268A.
14.22(j) $350,000 the first year and $350,000
14.23the second year are from the workforce
14.24development fund for grants to provide
14.25interpreters for a regional transition program
14.26that specializes in providing culturally
14.27appropriate transition services leading to
14.28employment for deaf, hard-of-hearing, and
14.29deaf-blind students. This amount must be
14.30added to the department's base.
14.31(k) $150,000 the first year and $150,000 the
14.32second year are for a grant to Advocating
14.33Change Together for training, technical
14.34assistance, and resources materials to persons
15.1with developmental and mental illness
15.2disabilities.
15.3(l) $250,000 the first year and $250,000
15.4the second year are from the workforce
15.5development fund and $150,000 the first
15.6year and $100,000 the second year are from
15.7the general fund for a grant to Lifetrack
15.8Resources for its immigrant and refugee
15.9collaborative programs, including those
15.10related to job-seeking skills and workplace
15.11orientation, intensive job development,
15.12functional work English, and on-site job
15.13coaching. $50,000 of the first year general
15.14fund appropriation is for a onetime pilot
15.15Lifetrack project in Rochester.
15.16(m) $575,000 the first year and $575,000
15.17the second year are from the general fund
15.18and $500,000 the first year and $500,000
15.19the second year are from the workforce
15.20development fund for the youthbuild
15.21program under Minnesota Statutes, sections
15.22116L.361 to 116L.366. This appropriation
15.23may be used for:
15.24(1) restoring the three youthbuild programs
15.25that were eliminated due to budget reductions
15.26and adding seven more youthbuild programs
15.27statewide;
15.28(2) restoring funding levels for all youthbuild
15.29programs plus an inflationary increase for
15.30each program;
15.31(3) increasing the number of at-risk youth
15.32served by the youthbuild programs from 260
15.33youth per year to 500 youth per year; and
16.1(4) restoring the youthbuild focus on careers
16.2in technology and adding a youthbuild focus
16.3on careers in the medical field.
16.4(n) $1,325,000 each year is from the
16.5workforce development fund for grants
16.6to fund summer youth employment in
16.7Minneapolis. The grants shall be used to
16.8fund up to 500 jobs for youth each summer.
16.9Of this appropriation, $325,000 each year is
16.10for a grant to the learn-to-earn summer youth
16.11employment program. The commissioner
16.12shall establish criteria for awarding the
16.13grants. This appropriation is available in
16.14either year of the biennium and is available
16.15until spent.
16.16(o) $600,000 the first year and $600,000
16.17the second year are from the workforce
16.18development fund for a grant to the city of
16.19St. Paul for grants to fund summer youth
16.20employment in St. Paul. The grants shall be
16.21used to fund up to 500 jobs for youth each
16.22summer. The commissioner shall establish
16.23criteria for awarding the grants within the
16.24city of St. Paul. This appropriation is
16.25available in either year of the biennium and
16.26is available until spent.
16.27(p) $250,000 the first year and $250,000 the
16.28second year are from the general fund for
16.29grants to Northern Connections in Perham
16.30to implement and operate a pilot workforce
16.31program that provides one-stop supportive
16.32services to individuals as they transition into
16.33the workforce.
16.34(q) $100,000 each year is for a grant to
16.35Ramsey County Workforce Investment Board
17.1for the development of the building lives
17.2program. This is a onetime appropriation.
17.3(r) $150,000 each year is for a grant to the
17.4Hennepin-Carver Workforce Investment
17.5Board (WIB) to coordinate with the Partners
17.6for Progress Regional Skills Consortium
17.7to provide employment and training as
17.8demonstrated by the Twin Cities regional
17.9health care training partnership project.
17.10(s) $160,000 the first year is for a onetime
17.11grant to Workforce Development, Inc., for
17.12a pilot project to provide demand-driven
17.13employment and training services to
17.14welfare recipients and other economically
17.15disadvantaged populations in Mower,
17.16Freeborn, Dodge, and Steele Counties.
17.17(t) $200,000 the first year and $200,000 the
17.18second year are from the general fund for
17.19a grant to HIRED to operate its industry
17.20sector training initiatives, which provide
17.21employee training developed in collaboration
17.22with employers in specific, high-demand
17.23industries.
17.24(u) $100,000 the first year is for a onetime
17.25grant to a nonprofit organization. The
17.26nonprofit organization must work on behalf
17.27of all licensed vendors to coordinate their
17.28efforts to respond to solicitations or other
17.29requests from private and governmental units
17.30as defined in Minnesota Statutes, section
17.31471.59, subdivision 1, in order to increase
17.32employment opportunities for persons with
17.33disabilities.
17.34(v) $3,500,000 each year from the workforce
17.35development fund is for the Minnesota youth
18.1program under Minnesota Statutes, sections
18.2116L.56 and 116L.561.
18.3(w) $1,000,000 each year from the workforce
18.4development fund is for a grant to the
18.5Minnesota Alliance of Boys and Girls
18.6Clubs to administer a statewide project
18.7of youth job skills development. This
18.8project, which may have career guidance
18.9components, including health and life skills,
18.10is to encourage, train, and assist youth in
18.11job-seeking skills, workplace orientation,
18.12and job site knowledge through coaching.
18.13This grant requires a 25 percent match from
18.14nonstate resources.
18.15(x) $10,000 the first year is for a study on
18.16ways to promote employment opportunities
18.17for minorities, with a particular focus on
18.18opportunities for African Americans, in
18.19the state of Minnesota. The study should
18.20focus on how to significantly expand the job
18.21training available to minorities and promote
18.22substantial increases in the wages paid to
18.23minorities, at least to a rate well above living
18.24wage, and within several years, to equality.
18.25The commissioner must report on the study
18.26to the governor and the chair of the finance
18.27committee in each house of the legislature
18.28that has jurisdiction over employment by
18.29January 15, 2008, with recommendations for
18.30implementing the findings.
18.31(y) The commissioner must provide funding
18.32for the Minnesota Conservation Corps to
18.33provide learning stipends for deaf students
18.34and wages for interpreters participating in
18.35the MCC summer youth program.
19.2The first $1,450,000 deposited in each
19.3year of the biennium and in each year of
19.4subsequent bienniums into the contingent
19.5account created under Minnesota Statutes,
19.6section 268.196, subdivision 3, shall be
19.7transferred by June 30 of each fiscal year
19.8to the workforce development fund created
19.9under Minnesota Statutes, section 116L.20.
19.10Deposits in excess of $1,450,000 shall be
19.11transferred by June 30 of each fiscal year to
19.12the general fund.
19.14(a) To develop maximum private sector
19.15involvement in tourism, $500,000 the first
19.16year and $500,000 the second year must
19.17be matched by Explore Minnesota Tourism
19.18from nonstate sources. Each $1 of state
19.19incentive must be matched with $3 of private
19.20sector funding. Cash match is defined as
19.21revenue to the state or documented cash
19.22expenditures directly expended to support
19.23Explore Minnesota Tourism programs. Up
19.24to one-half of the private sector contribution
19.25may be in-kind or soft match. The incentive
19.26in the first year shall be based on fiscal
19.27year 2007 private sector contributions as
19.28prescribed in Laws 2005, First Special
19.29Session chapter 1, article 3, section 6. The
19.30incentive increase in the second year will
19.31be based on fiscal year 2008 private sector
19.32contributions. This incentive is ongoing.
19.33Funding for the marketing grants is available
19.34either year of the biennium. Unexpended
20.1grant funds from the first year are available
20.2in the second year.
20.3Any unexpended money from the general
20.4fund appropriations made under this section
20.5does not cancel but must be placed in a
20.6special marketing account for use by Explore
20.7Minnesota Tourism for additional marketing
20.8activities.
20.9(b) $325,000 the first year and $325,000 the
20.10second year are for the Minnesota Film and
20.11TV Board. The appropriation in each year
20.12is available only upon receipt by the board
20.13of $1 in matching contributions of money or
20.14in-kind contributions from nonstate sources
20.15for every $3 provided by this appropriation.
20.16(c) $650,000 the first year and $650,000
20.17the second year are appropriated for a grant
20.18to the Minnesota Film and TV Board for
20.19the film jobs production program under
20.20Minnesota Statutes, section 116U.26. These
20.21appropriations are available in either year
20.22of the biennium and are available until
20.23expended.
20.24(d) $150,000 the first year is for a onetime
20.25grant to St. Louis County to be used for
20.26feasibility studies and planning activities
20.27concerning additional uses for the St. Louis
20.28County Heritage and Arts Center at the
20.29Duluth depot. The studies and planning
20.30activities must include:
20.31(1) examining the costs and benefits of
20.32relocating the Northeast Minnesota Office of
20.33Tourism to the Duluth depot;
20.34(2) establishing a heritage tourism center at
20.35the Duluth depot;
21.1(3) developing a multimodal operational plan
21.2integrating railroad and bus service; and
21.3(4) identifying additional services and
21.4activities that would contribute toward
21.5returning the Duluth depot to being a
21.6working railroad station and cultural gateway
21.7to Duluth and St. Louis County.
21.8This appropriation is available until
21.9expended.
21.12The amounts that may be spent for each
21.13purpose are specified in the following
21.14subdivisions.
21.15This appropriation is for transfer to the
21.16housing development fund for the programs
21.17specified. Except as otherwise indicated, this
21.18transfer is part of the agency's permanent
21.19budget base.
21.21For the economic development and housing
21.22challenge program under Minnesota Statutes,
21.23section462A.33 , for housing that:
21.24(1) conserves energy and utilizes sustainable,
21.25healthy building materials;
21.26(2) preserves sensitive natural areas and
21.27open spaces and minimizes the need for new
21.28infrastructure;
21.29(3) is accessible to jobs and services through
21.30integration with transportation or transit
21.31systems; and
22.1(4) expands the mix of housing choices in
22.2a community by diversifying the levels of
22.3housing affordability.
22.4The agency may fund demonstration projects
22.5that have unique approaches to achieving the
22.6housing described in clauses (1) to (4).
22.8For deposit in the housing trust fund account
22.9created under Minnesota Statutes, section
22.10462A.201, and used for the purposes
22.11provided in that section.
22.13For a rental housing assistance program for
22.14persons with a mental illness or families with
22.15an adult member with a mental illness under
22.16Minnesota Statutes, section462A.2097 . The
22.17agency must not reduce the funding under
22.18this subdivision.
22.20For family homeless prevention and
22.21assistance programs under Minnesota
22.22Statutes, section462A.204 . Any balance in
22.23the first year does not cancel but is available
22.24in the second year.
22.26For the home ownership assistance program
22.27under Minnesota Statutes, section 462A.21,
22.28subdivision 8.
22.30For the affordable rental investment fund
22.31program under Minnesota Statutes, section
22.32462A.21, subdivision 8b .
23.1This appropriation is to finance the
23.2acquisition, rehabilitation, and debt
23.3restructuring of federally assisted rental
23.4property and for making equity take-out
23.5loans under Minnesota Statutes, section
23.6462A.05 , subdivision 39.
23.7The owner of the federally assisted rental
23.8property must agree to participate in
23.9the applicable federally assisted housing
23.10program and to extend any existing
23.11low-income affordability restrictions on the
23.12housing for the maximum term permitted.
23.13The owner must also enter into an agreement
23.14that gives local units of government,
23.15housing and redevelopment authorities,
23.16and nonprofit housing organizations the
23.17right of first refusal if the rental property
23.18is offered for sale. Priority must be given
23.19among comparable federally assisted rental
23.20properties to properties with the longest
23.21remaining term under an agreement for
23.22federal rental assistance. Priority must also
23.23be given among comparable rental housing
23.24developments to developments that are or
23.25will be owned by local government units, a
23.26housing and redevelopment authority, or a
23.27nonprofit housing organization.
23.28This appropriation also may be used to
23.29finance the acquisition, rehabilitation, and
23.30debt restructuring of existing supportive
23.31housing properties. For purposes of this
23.32subdivision, "supportive housing" means
23.33affordable rental housing with links to
23.34services necessary for individuals, youth, and
23.35families with children to maintain housing
23.36stability.
24.1Of this amount, $2,500,000 is appropriated
24.2for the purposes of financing the
24.3rehabilitation and operating costs to preserve
24.4public housing. For purposes of this
24.5subdivision, "public housing" is housing for
24.6low-income persons and households financed
24.7by the federal government and owned and
24.8operated by public housing authorities and
24.9agencies. Eligible public housing authorities
24.10must have a public housing assessment
24.11system rating of standard or above. Priority
24.12among comparable proposals must be given
24.13to proposals that maximize federal or local
24.14resources to finance the capital and operating
24.15costs.
24.18For the housing rehabilitation and
24.19accessibility program under Minnesota
24.20Statutes, section462A.05 , subdivisions 14a
24.21and 15a.
24.23For the urban Indian housing program
24.24under Minnesota Statutes, section 462A.07,
24.25subdivision 15. The base is reduced by
24.26$7,000 each year in fiscal year 2010 and
24.27fiscal year 2011.
24.29For the tribal Indian housing program
24.30under Minnesota Statutes, section 462A.07,
24.31subdivision 14. The base is reduced by
24.32$179,000 each year in fiscal year 2010 and
24.33fiscal year 2011.
25.1For the home ownership education,
25.2counseling, and training program under
25.3Minnesota Statutes, section462A.209 .
25.5For nonprofit capacity building grants
25.6under Minnesota Statutes, section462A.21 ,
25.7subdivision 3b. The base is reduced by
25.8$90,000 each year in fiscal year 2010 and
25.9fiscal year 2011.
25.19The amounts that may be spent for each
25.20purpose are specified in the following
25.21subdivisions.
25.23This appropriation is from the workers'
25.24compensation fund.
25.25Up to $200,000 the first year and up to
25.26$200,000 the second year are for grants
25.27to the Vinland Center for rehabilitation
25.28services. The grants shall be distributed as
25.29the department refers injured workers to
25.30the Vinland Center to receive rehabilitation
25.31services.
25.33This appropriation is from the workers'
25.34compensation fund.
26.1$500,000 the first year and $500,000
26.2the second year are from the workers'
26.3compensation fund for patient safe handling
26.4grants under Minnesota Statutes, section
26.5182.6553. This is a onetime appropriation
26.6and is available until expended.
26.12The appropriation from the workforce
26.13development fund is for the apprenticeship
26.14program under Minnesota Statutes, chapter
26.15178, and includes $100,000 each year for
26.16labor education and advancement program
26.17grants.
26.18$360,000 the first year and $300,000 the
26.19second year from the general fund are for
26.20prevailing wage enforcement of which
26.21$60,000 in the first year is for outreach and
26.22survey participation improvements.
26.24This appropriation is from the workers'
26.25compensation fund.
26.29The amounts that may be spent for each
26.30purpose are specified in the following
26.31subdivisions.
27.1$150,000 the first year and $150,000
27.2the second year are for grants to area
27.3labor-management committees. Grants may
27.4be awarded for a 12-month period beginning
27.5July 1 of each year. Any unencumbered
27.6balance remaining at the end of the first
27.7year does not cancel but is available for the
27.8second year.
27.11This appropriation is from the workers'
27.12compensation fund.
27.16The amounts that may be spent for each
27.17purpose are specified in the following
27.18subdivisions. Of the appropriations,
27.19$500,000 the first year and $500,000 the
27.20second year are for increased building lease
27.21costs. These amounts are added to the
27.22department's base.
27.24(a) Of this amount, $750,000 the first year is
27.25a onetime appropriation for the Minnesota
27.26Sesquicentennial Commission. Of this
27.27appropriation, $325,000 is for competitive
27.28matching grants for local events and projects;
27.29$325,000 is for planning and support of
27.30statewide activities, and up to $100,000 may
27.31be used for administration.
27.32The Minnesota Historical Society, the State
27.33Arts Board, and Explore Minnesota Tourism
28.1may assist the commission in designing and
28.2implementing the grants program.
28.3The commission shall encourage private
28.4contributions to match the state funds to the
28.5greatest extent possible. Any gifts, pledges,
28.6membership fees, or contributions received
28.7by the commission are appropriated to the
28.8commission.
28.9(b) $500,000 the first year is for a grant-in-aid
28.10program for county and local historical
28.11societies. The Minnesota Historical Society
28.12shall establish program guidelines and
28.13grant evaluation and award criteria for the
28.14program. Each dollar of state funds awarded
28.15to a grantee must be matched with nonstate
28.16funds on a dollar-for-dollar basis by a
28.17grantee. This is a onetime appropriation and
28.18is available until expended.
28.19(c) Notwithstanding Minnesota Statutes,
28.20section 138.668, the Minnesota Historical
28.21Society may not charge a fee for its general
28.22tours at the Capitol, but may charge fees for
28.23special programs other than general tours.
28.25(a) $250,000 the first year is to conduct
28.26a conservation survey and for restoration,
28.27treatment, moving, and storage of the 1905
28.28historic furnishings and works of art in the
28.29Minnesota State Capitol. This is a onetime
28.30appropriation and is available until expended.
28.31(b) $150,000 the first year is for the
28.32preservation of battle flags. This is a onetime
28.33appropriation and is available until expended.
29.1(c) Funds may be reallocated between
29.2paragraphs (a) and (b) for the purpose of
29.3maximizing federal funds.
29.10Any unencumbered balance remaining in
29.11this subdivision the first year does not cancel
29.12but is available for the second year of the
29.13biennium.
29.14(f) $75,000 the first year is for a onetime
29.15grant to the Nicollet County Historical
29.16Society for renovation of the center exhibit
29.17gallery in the Treaty Site History Center in
29.18St. Peter, including additions to the center's
29.19infrastructure and state-of-the-art interpretive
29.20elements. This appropriation is available
29.21until expended.
29.22(g) $75,000 the first year is for a grant to
29.23the Hmong Studies Center at Concordia
29.24University in St. Paul, Minnesota, to be
29.25used for preservation of Hmong historical
29.26artifacts and documents. Any part of the
29.27appropriation not used in fiscal year 2008 is
29.28available for use in fiscal year 2009. This is
29.29a onetime appropriation and is available until
29.30expended.
29.31(h) $75,000 the first year and $75,000 the
29.32second year are for a grant to the city of
29.33Eveleth to be used for the support of the
30.1Hockey Hall of Fame Museum provided
30.2that it continues to operate in the city. This
30.3grant is in addition to and must not be
30.4used to supplant funding under Minnesota
30.5Statutes, section 298.28, subdivision 9c. This
30.6appropriation is added to the society's base
30.7budget.
30.9The Minnesota Historical Society may
30.10reallocate funds appropriated in and between
30.11subdivisions 2 and 3 for any program
30.12purposes.
30.14The Minnesota Historical Society in
30.15cooperation with Explore Minnesota Tourism
30.16shall establish and coordinate a Minnesota
30.17River Valley study group. The Minnesota
30.18River Valley study group shall be comprised
30.19of representatives of the Minnesota Valley
30.20Scenic Byway Alliance, the Department
30.21of Natural Resources, the Department
30.22of Transportation, the Minnesota Indian
30.23Affairs Council, the Region 6 West, Region
30.246 East, Region 8 and Region 9 Regional
30.25Development Commissions, the Minnesota
30.26Historical Society, Explore Minnesota
30.27Tourism, State Arts Board, and other
30.28interested parties. The study group must
30.29develop a plan for coordinated activities
30.30among organizations represented on the
30.31study group to enhance and promote historic
30.32sites, and historic, scenic, and natural
30.33features of the Minnesota River Valley
30.34area. Study topics shall include, but are
30.35not limited to, historic sites related to the
31.1Dakota Conflict of 1862 and the state and
31.2local preparations for the sesquicentennial of
31.3this event. The Minnesota Historical Society
31.4and Explore Minnesota Tourism shall report
31.5on the findings and recommendations of
31.6the Minnesota River Valley study group to
31.7the standing committees of the house of
31.8representatives and senate with jurisdiction
31.9over historic sites and tourism by March 1,
31.102008. The Minnesota River Valley study
31.11group shall serve without compensation.
31.14If the appropriation for either year is
31.15insufficient, the appropriation for the other
31.16year is available.
31.17The amounts that may be spent for each
31.18purpose are specified in the following
31.19subdivisions.
31.22The base for this program is $6,477,000 each
31.23year in the 2010-2011 biennium.
32.3This is a onetime appropriation to transition
32.4the commission to being a self-funded entity.
32.7Of this amount, ten percent each year is
32.8for lifelong learning programs in greater
32.9Minnesota communities that do not
32.10receive financial support from other large
32.11educational institutions. The base budget
32.12for the Minnesota Humanities Commission
32.13is $250,000 each year in the 2010-2011
32.14biennium.
32.16The commissioner of labor and industry shall
32.17transfer $1,627,000 by June 30, 2008, and
32.18$1,515,000 by June 30, 2009, and each year
32.19thereafter, from the construction code fund to
32.20the general fund.
32.21Of the balance remaining in Laws 2005, First
32.22Special Session chapter 1, article 3, section
32.232, subdivision 2, for the methamphetamine
32.24laboratory cleanup revolving loan fund,
32.25$100,000 is for transfer to the small
32.26community wastewater treatment account
32.27established in Minnesota Statutes, section
32.28446A.075, subdivision 1.
32.31 Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a
32.32subdivision to read:
33.1 Subd. 5. Data from safety and education programs for loggers. The following
33.2data collected from persons who attend safety and education programs or seminars for
33.3loggers established or approved by the commissioner under section 176.130, subdivision
33.411, is public data:
33.5 (1) the names of the individuals attending the program or seminar;
33.6 (2) the names of each attendee's employer;
33.7 (3) the city where the employer is located;
33.8 (4) the date the program or seminar was held; and
33.9 (5) a description of the seminar or program.
33.10 Sec. 2. Minnesota Statutes 2006, section 16B.61, subdivision 1a, is amended to read:
33.11 Subd. 1a. Administration by commissioner. The commissioner shall administer
33.12and enforce the State Building Code as a municipality with respect to public buildings and
33.13state licensed facilities in the state. The commissioner shall establish appropriate permit,
33.14plan review,and inspection fees, and surcharges for public buildings and state licensed
33.15facilities.Fees and surcharges for public buildings and state licensed facilities must be
33.16remitted to the commissioner, who shall deposit them in the state treasury for credit to
33.17the special revenue fund.
33.18 Municipalities other than the state having an agreement with the commissioner
33.19for code administration and enforcement service for public buildings and state licensed
33.20facilities shall charge their customary fees, including surcharge, to be paid directly to the
33.21jurisdiction by the applicant seeking authorization to construct a public building or a state
33.22licensed facility. The commissioner shall sign an agreement with a municipality other than
33.23the state for plan review, code administration, and code enforcement service for public
33.24buildings and state licensed facilities in the jurisdiction if the building officials of the
33.25municipality meet the requirements of section16B.65 and wish to provide those services
33.26and if the commissioner determines that the municipality has enough adequately trained
33.27and qualified building inspectors to provide those services for the construction project.
33.28 The commissioner may direct the state building official to assist a community that
33.29has been affected by a natural disaster with building evaluation and other activities related
33.30to building codes.
33.31 Administration and enforcement in a municipality under this section must apply
33.32any optional provisions of the State Building Code adopted by the municipality. A
33.33municipality adopting any optional code provision shall notify the state building official
33.34within 30 days of its adoption.
34.1 The commissioner shall administer and enforce the provisions of the code relating to
34.2elevators statewide, except as provided for under section16B.747, subdivision 3 .
34.3 Sec. 3. Minnesota Statutes 2006, section 16B.65, subdivision 1, is amended to read:
34.4 Subdivision 1. Designation.By January 1, 2002, Each municipality shall designate
34.5a building official to administer the code. A municipality may designate no more than one
34.6building official responsible for code administration defined by each certification category
34.7established in rule. Two or more municipalities may combine in the designation of a
34.8building official for the purpose of administering the provisions of the code within their
34.9communities. In those municipalities for which no building officials have been designated,
34.10the state building official may use whichever state employees are necessary to perform
34.11the duties of the building official until the municipality makes a temporary or permanent
34.12designation. All costs incurred by virtue of these services rendered by state employees
34.13must be borne by the involved municipality and receipts arising from these services must
34.14be paidinto the state treasury and credited to the special revenue fund to the commissioner.
34.15 Sec. 4. Minnesota Statutes 2006, section 16B.65, subdivision 5a, is amended to read:
34.16 Subd. 5a. Administrative action and penalties. The commissioner shall, by rule,
34.17establish a graduated schedule of administrative actions for violations of sections16B.59
34.18to16B.75 and rules adopted under those sections. The schedule must be based on and
34.19reflect the culpability, frequency, and severity of the violator's actions. The commissioner
34.20may impose a penalty from the schedule on a certification holder for a violation of sections
34.2116B.59
to
16B.75 and rules adopted under those sections. The penalty is in addition to
34.22any criminal penalty imposed for the same violation.Administrative monetary penalties
34.23imposed by the commissioner must be paid to the special revenue fund.
34.24 Sec. 5. Minnesota Statutes 2006, section 16B.70, subdivision 2, is amended to read:
34.25 Subd. 2. Collection and reports. All permit surcharges must be collected by each
34.26municipality and a portion of them remitted to the state. Each municipality having a
34.27population greater than 20,000 people shall prepare and submit to the commissioner once
34.28a month a report of fees and surcharges on fees collected during the previous month
34.29but shall retain the greater of two percent or that amount collected up to $25 to apply
34.30against the administrative expenses the municipality incurs in collecting the surcharges.
34.31All other municipalities shall submit the report and surcharges on fees once a quarter
34.32but shall retain the greater of four percent or that amount collected up to $25 to apply
34.33against the administrative expenses the municipalities incur in collecting the surcharges.
35.1The report, which must be in a form prescribed by the commissioner, must be submitted
35.2together with a remittance covering the surcharges collected by the 15th day following
35.3the month or quarter in which the surcharges are collected.All money collected by the
35.4commissioner through surcharges and other fees prescribed by sections
16B.59 to
16B.75
35.5shall be deposited in the state government special revenue fund and is appropriated to the
35.6commissioner for the purpose of administering and enforcing the State Building Code
35.7under sections
16B.59 to
16B.75.
35.8 Sec. 6. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
35.9 Subdivision 1. Grant account. A contaminated site cleanup and development
35.10grant account is created in the general fund. Money in the account may be used, as
35.11appropriated by law, to make grants as provided in section116J.554 and to pay for the
35.12commissioner's costs in reviewing applications and making grants. Notwithstanding
35.13section16A.28 , money appropriated to the account for this program from any source is
35.14availablefor four years until spent.
35.15 Sec. 7. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
35.16 Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the
35.17following criteria are met:
35.18 (1) the site is not scheduled for funding during the current or next fiscal year under
35.19the Comprehensive Environmental Response, Compensation, and Liability Act, United
35.20States Code, title 42, section 9601, et seq. or under the Environmental Response, and
35.21Liability Act under sections115B.01 to
115B.20 ;
35.22(2) the appraised value of the site after adjusting for the effect on the value of the
35.23presence or possible presence of contaminants using accepted appraisal methodology, or
35.24the current market value of the site as issued under section
273.121, separately taking into
35.25account the effect of the contaminants on the market value, (i) is less than 75 percent of
35.26the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup
35.27costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and
35.28(3) (2) if the proposed cleanup is completed, it is expected that the site will be
35.29improved with buildings or other improvements and these improvements will provide a
35.30substantial increase in the property tax base within a reasonable period of time or the site
35.31will be used for an important publicly owned or tax-exempt facility.
35.32 Sec. 8. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
36.1 Subdivision 1. Priorities. (a) The legislature expects that applications for grants
36.2will exceed the available appropriations and the agency will be able to provide grants to
36.3only some of the applicant development authorities.
36.4 (b) If applications for grants for qualified sites exceed the available appropriations,
36.5the agency shall make grants for sites that, in the commissioner's judgment, provide
36.6the highest return in public benefits for the public costs incurred and that meet all the
36.7requirements provided by law. In making this judgment, the commissioner shall consider
36.8the following factors:
36.9 (1) the recommendations or ranking of projects by the commissioner of the Pollution
36.10Control Agency regarding the potential threat to public health and the environment that
36.11would be reduced or eliminated by completion of each of the response action plans;
36.12 (2) the potential increase in the property tax base of the local taxing jurisdictions,
36.13considered relative to the fiscal needs of the jurisdictions, that will result from
36.14developments that will occur because of completion of each of the response action plans;
36.15 (3) the social value to the community of the cleanup and redevelopment of the site,
36.16including the importance of development of the proposed public facilities on each of
36.17the sites;
36.18 (4) the probability that each site will be cleaned up without use of government
36.19money in the reasonably foreseeable future by considering but not limited to the current
36.20market value of the site versus the cleanup cost;
36.21 (5) the amount of cleanup costs for each site; and
36.22 (6) the amount of the commitment of municipal or other local resources to pay for
36.23the cleanup costs.
36.24 The factors are not listed in a rank order of priority; rather the commissioner may
36.25weigh each factor, depending upon the facts and circumstances, as the commissioner
36.26considers appropriate. The commissioner may consider other factors that affect the net
36.27return of public benefits for completion of the response action plan. The commissioner,
36.28notwithstanding the listing of priorities and the goal of maximizing the return of public
36.29benefits, shall make grants that distribute available money to sites both within and outside
36.30of the metropolitan area. The commissioner shall provide a written statement of the
36.31supporting reasons for each grant. Unless sufficient applications are not received for
36.32qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
36.33as grants must be made for sites located outside of the metropolitan area.
36.34 Sec. 9. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
37.1 Subdivision 1. Commissioner discretion. The commissioner may make a grant for
37.2up to 50 percent of the eligible costs of a project. The determination of whether to make a
37.3grant for a site is within the discretion of the commissioner, subject to this section and
37.4sections116J.571 to
116J.574 and available unencumbered money in the redevelopment
37.5account. If the commissioner determines that the applications for grants for projects in
37.6greater Minnesota are less than the amount of grant funds available, the commissioner
37.7may make grants for projects anywhere in Minnesota. The commissioner's decisions and
37.8application of the priorities under this section are not subject to judicial review, except
37.9for abuse of discretion.
37.10 Sec. 10. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
37.11 Subd. 1a. Priorities. (a) If applications for grants exceed the available
37.12appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
37.13the highest return in public benefits for the public costs incurred. "Public benefits" include
37.14job creation, bioscience development, environmental benefits to the state and region,
37.15efficient use of public transportation, efficient use of existing infrastructure, provision of
37.16affordable housing, multiuse development that constitutes community rebuilding rather
37.17than single-use development, crime reduction, blight reduction, community stabilization,
37.18and property tax base maintenance or improvement. In making this judgment, the
37.19commissioner shall give priority to redevelopment projects with one or more of the
37.20following characteristics:
37.21 (1) the need for redevelopment in conjunction with contamination remediation needs;
37.22 (2) the redevelopment project meets current tax increment financing requirements
37.23for a redevelopment district and tax increments will contribute to the project;
37.24 (3) the redevelopment potential within the municipality;
37.25 (4) proximity to public transit if located in the metropolitan area;and
37.26 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
37.27and
37.28(5) (6) multijurisdictional projects that take into account the need for affordable
37.29housing, transportation, and environmental impact.
37.30 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
37.31commissioner may weigh each factor, depending upon the facts and circumstances, as
37.32the commissioner considers appropriate. The commissioner may consider other factors
37.33that affect the net return of public benefits for completion of the redevelopment plan. The
37.34commissioner, notwithstanding the listing of priorities and the goal of maximizing the
37.35return of public benefits, shall make grants that distribute available money to sites both
38.1within and outside of the metropolitan area. Unless sufficient applications are not received
38.2for qualifying sites outside of the metropolitan area, at least 50 percent of the money
38.3provided as grants must be made for sites located outside of the metropolitan area.
38.4 Sec. 11. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
38.5 Subdivision 1. Generally. (a) The commissioner shall promote, develop, and
38.6facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
38.7addition to the powers granted by section116J.035 , the commissioner may:
38.8 (1) locate, develop, and promote international markets for Minnesota products
38.9and services;
38.10 (2) arrange and lead trade missions to countries with promising international markets
38.11for Minnesota goods, technology, services, and agricultural products;
38.12 (3) promote Minnesota products and services at domestic and international trade
38.13shows;
38.14 (4) organize, promote, and present domestic and international trade shows featuring
38.15Minnesota products and services;
38.16 (5) host trade delegations and assist foreign traders in contacting appropriate
38.17Minnesota businesses and investments;
38.18 (6) develop contacts with Minnesota businesses and gather and provide information
38.19to assist them in locating and communicating with international trading or joint venture
38.20counterparts;
38.21 (7) provide information, education, and counseling services to Minnesota businesses
38.22regarding the economic, commercial, legal, and cultural contexts of international trade;
38.23 (8) provide Minnesota businesses with international trade leads and information
38.24about the availability and sources of services relating to international trade, such as
38.25export financing, licensing, freight forwarding, international advertising, translation, and
38.26custom brokering;
38.27 (9) locate, attract, and promote foreign direct investment and business development
38.28in Minnesota to enhance employment opportunities in Minnesota;
38.29 (10) provide foreign businesses and investors desiring to locate facilities in
38.30Minnesota information regarding sources of governmental, legal, real estate, financial, and
38.31business services;
38.32 (11) enter into contracts or other agreements with private persons and public entities,
38.33including agreements to establish and maintain offices and other types of representation in
38.34foreign countries, to carry out the purposes of promoting international trade and attracting
39.1investment from foreign countries to Minnesota and to carry out this section, without
39.2regard to section16C.06 ; and
39.3 (12) market trade-related materials to businesses and organizations, and the proceeds
39.4of which must be placed in a special revolving account and are appropriated to the
39.5commissioner to prepare and distribute trade-related materials.
39.6 (b) The programs and activities of the commissioner of employment and economic
39.7development and the Minnesota Trade Division may not duplicate programs and activities
39.8of the commissioner of agriculture.
39.9 (c) The commissioner shall notify the chairs of the senate Finance and house Ways
39.10and Means Committees of each agreement under this subdivision to establish and maintain
39.11an office or other type of representation in a foreign country.
39.12 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
39.13assistance to official visits by foreign government representatives and shall serve as liaison
39.14to the foreign diplomatic corps in Minnesota.
39.15 Sec. 12. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
39.16to read:
39.17 Subd. 4. Workforce development intermediaries. "Workforce development
39.18intermediaries" means public, private, or nonprofit entities that provide employment
39.19services to low-income individuals and have a demonstrated track record bringing together
39.20employers and workers, private and public funding streams, and other stakeholders to
39.21implement pathways to career advancement for low-income individuals. Entities may
39.22include, but are not limited to, nonprofit organizations, educational institutions, or the
39.23administrative entity of a local workforce service area.
39.24 Sec. 13. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
39.25 Subd. 1a. Pathways program. The pathways program may provide grants-in-aid
39.26for developing programs which assist in the transition of persons from welfare to work and
39.27assist individuals at or below 200 percent of the federal poverty guidelines. The program
39.28is to be operated by the board. The board shall consult and coordinate with program
39.29administrators at the Department of Employment and Economic Development to design
39.30and provide services for temporary assistance for needy families recipients.
39.31 Pathways grants-in-aid may be awarded to educational or other nonprofit training
39.32institutions or to workforce development intermediaries for education and training
39.33programs and services supporting education and training programs that serve eligible
39.34recipients.
40.1 Preference shall be given to projects that:
40.2 (1) provide employment with benefits paid to employees;
40.3 (2) provide employment where there are defined career paths for trainees;
40.4 (3) pilot the development of an educational pathway that can be used on a continuing
40.5basis for transitioning persons from welfare to work; and
40.6 (4) demonstrate the active participation of Department of Employment and
40.7Economic Development workforce centers, Minnesota State College and University
40.8institutions and other educational institutions, and local welfare agencies.
40.9 Pathways projects must demonstrate the active involvement and financial
40.10commitment of private business. Pathways projects must be matched with cash or in-kind
40.11contributions on at least aone-to-one one-half-to-one ratio by participating private
40.12business.
40.13 A single grant to any one institution shall not exceed $400,000. A portion of a grant
40.14may be used for preemployment training.
40.15 Sec. 14. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
40.16 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
40.17have the meanings given them in this subdivision.
40.18 (b) "Commissioner" means the commissioner of employment and economic
40.19development.
40.20 (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
40.21time employment ceased or was working in the state at the time employment ceased and:
40.22 (1) has been permanently separated or has received a notice of permanent separation
40.23from public or private sector employment and is eligible for or has exhausted entitlement
40.24to unemployment benefits, and is unlikely to return to the previous industry or occupation;
40.25 (2) has been long-term unemployed and has limited opportunities for employment
40.26or reemployment in the same or a similar occupation in the area in which the individual
40.27resides, including older individuals who may have substantial barriers to employment by
40.28reason of age;
40.29 (3) has been terminated or has received a notice of termination of employment as a
40.30result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
40.31 (4) has been self-employed, including farmers and ranchers, and is unemployed as a
40.32result of general economic conditions in the community in which the individual resides or
40.33because of natural disasters; or
40.34(4) (5) is a displaced homemaker. A "displaced homemaker" is an individual who
40.35has spent a substantial number of years in the home providing homemaking service and
41.1(i) has been dependent upon the financial support of another; and now due to divorce,
41.2separation, death, or disability of that person, must find employment to self support; or (ii)
41.3derived the substantial share of support from public assistance on account of dependents
41.4in the home and no longer receives such support.
41.5 To be eligible under this clause, the support must have ceased while the worker
41.6resided in Minnesota.
41.7 (d) "Eligible organization" means a state or local government unit, nonprofit
41.8organization, community action agency, business organization or association, or labor
41.9organization.
41.10 (e) "Plant closing" means the announced or actual permanent shutdown of a single
41.11site of employment, or one or more facilities or operating units within a single site of
41.12employment.
41.13 (f) "Substantial layoff" means a permanent reduction in the workforce, which is
41.14not a result of a plant closing, and which results in an employment loss at a single site
41.15of employment during any 30-day period for at least 50 employees excluding those
41.16employees that work less than 20 hours per week.
41.17 Sec. 15. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
41.18 Subdivision 1. Determination and collection of special assessment. (a) In addition
41.19to amounts due from an employer under the Minnesota unemployment insurance program,
41.20each employer, except an employer making reimbursements is liable for a special
41.21assessment levied at the rate of .10 percent per yearfor calendar years 2006 and 2007 on
41.22all taxable wages, as defined in section268.035, subdivision 24 . Beginning January 1,
41.232008, the special assessment shall be levied at a rate of .085 percent per year on all taxable
41.24wages. The assessment shall become due and be paid by each employer on the same
41.25schedule and in the same manner as other amounts due from an employer under section
41.26268.051, subdivision 1
.
41.27 (b) The special assessment levied under this section shall be subject to the same
41.28requirements and collection procedures as any amounts due from an employer under the
41.29Minnesota unemployment insurance program.
41.30 Sec. 16. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
41.31 Subdivision 1. Designation of workforce service areas. For the purpose of
41.32administering federal, state, and local employment and training services, the commissioner
41.33shall designate the geographic boundaries for workforce service areas in Minnesota.
41.34 The commissioner shall approve a request to be a workforce service area from:
42.1 (1) a home rule charter or statutory city with a population of 200,000 or more or a
42.2county with a population of 200,000 or more; or
42.3 (2) a consortium of contiguous home rule charter or statutory cities or counties
42.4with an aggregate population of 200,000 or more that serves a substantial part of one or
42.5more labor markets.
42.6 The commissioner may approve a request to be a workforce service area from a
42.7home rule charter or statutory city or a county or a consortium of contiguous home
42.8rule charter or statutory cities or counties, without regard to population, that serves a
42.9substantial portion of a labor market area.
42.10 The commissioner shall make a final designation of workforce service areas within
42.11the state after consulting with local elected officials and the governor's Workforce
42.12Development Council. Existing service delivery areas designated under the federal Job
42.13Training Partnership Act shall be initially designated as workforce service areas providing
42.14that no other petitions are submitted by local elected officials.
42.15 The commissioner may redesignate workforce service areas, upon the advice of
42.16the affected local elected officials, no more frequently than every two years. These
42.17redesignations must be made not later than four months before the beginning of a program
42.18year.
42.19 Sec. 17. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
42.20 Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
42.21corporation with which it has entered into an agreement under subdivision 1. These
42.22loans must be used to support a new or expanding business. This support may include
42.23such forms of financing as the sale of goods to the business on installment or deferred
42.24payments, lease purchase agreements, or royalty investments in the business. The interest
42.25rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
42.26the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
42.27nonprofit corporation may charge a loan origination fee equal to or less than one percent
42.28of the loan value. The nonprofit corporation may retain the amount of the origination fee.
42.29The nonprofit corporation must provide at least an equal match to the loan received by the
42.30board. The maximum loan available to the nonprofit corporation under this subdivision is
42.31$50,000. Loans made to the nonprofit corporation under this subdivision may be made
42.32without interest. Repayments made by the nonprofit corporation must be deposited in the
42.33revolving fund created for urban initiative grants.
43.1 Sec. 18. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
43.2PROGRAM.
43.3 Subdivision 1. Establishment; purpose. The small business growth acceleration
43.4program is established. The purpose of the program is to (1) help qualified companies
43.5implement technology and business improvements; and (2) bridge the gap between
43.6standard market pricing for technology and business improvements and what qualified
43.7companies can afford to pay.
43.8 Subd. 2. Qualified company. A company is qualified to receive assistance under
43.9the small business growth acceleration program if it is a manufacturing company or a
43.10manufacturing-related service company that employs 100 or fewer full-time equivalent
43.11employees.
43.12 Subd. 3. Applications for assistance. A company seeking assistance under the
43.13small business growth acceleration program must file an application according to the
43.14requirements of the corporation. A company's application for small business growth
43.15acceleration program assistance must include documentation of the company's overall plan
43.16for technology and business improvement and prioritize the components of the overall
43.17plan. The application must also document the company's need for small business growth
43.18acceleration program funds in order to carry forward the highest priority components of
43.19the plan.
43.20 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
43.21procedures for determining which applicants for assistance under the small business
43.22growth acceleration program will receive program funding. Funding shall be awarded
43.23only to accelerate a qualified company's adoption of needed technology or business
43.24improvements when the corporation concludes that it is unlikely the improvements could
43.25be accomplished in any other way.
43.26 (b) The maximum amount of funds awarded to a qualified company under the small
43.27business growth acceleration program for a particular project must not exceed 50 percent
43.28of the total cost of a project and must not under any circumstances exceed $25,000 during
43.29a calendar year. The corporation shall not award to a qualified company small business
43.30growth acceleration program funds in excess of $50,000 per year.
43.31 (c) Any funds awarded to a qualified company under the small business growth
43.32acceleration program must be used for business services and products that will enhance the
43.33operation of the company. These business services and products must come either directly
43.34from the corporation or from a network of expert providers identified and approved by
43.35the corporation. No company receiving small business growth acceleration program
44.1funds may use the funds for refinancing, overhead costs, new construction, renovation,
44.2equipment, or computer hardware.
44.3 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
44.4documented according to requirements of the corporation.
44.5 Subd. 5. Service agreements. The corporation shall enter a written service
44.6agreement with each company awarded funds under the small business growth acceleration
44.7program. Each service agreement shall clearly articulate the company's need for service,
44.8state the cost of the service, identify who will provide the service, and define the scope of
44.9the service that will be provided. The service agreement must also include an estimate
44.10of the financial impact of the service on the company and require the company to report
44.11the actual financial impact of the service to the corporation 24 months after the service is
44.12provided.
44.13 Subd. 6. Reporting. The corporation shall report annually to the legislative
44.14committees with fiscal jurisdiction over the Department of Employment and Economic
44.15Development:
44.16 (1) the funds awarded under the small business growth acceleration program during
44.17the past 12 months;
44.18 (2) the estimated financial impact of the funds awarded to each company receiving
44.19service under the program; and
44.20 (3) the actual financial impact of funds awarded during the past 24 months.
44.21 Sec. 19. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
44.22 Subdivision 1. Definition. For the purpose of this section, "employer" means an
44.23employer in the meatpacking industry.
44.24 Subd. 2. Right to adequate equipment. An employer must furnish its employees
44.25with equipment to safely perform their jobs under OSHA standards.
44.26 Subd. 3. Information provided to employee by employer. (a) An employer
44.27must provide an explanation in an employee's native language of the employee's rights
44.28and duties as an employee either person to person or through written materials that, at a
44.29minimum, include:
44.30 (1) a complete description of the salary and benefits plans as they relate to the
44.31employee;
44.32 (2) a job description for the employee's position;
44.33 (3) a description of leave policies;
44.34 (4) a description of the work hours and work hours policy; and
44.35 (5) a description of the occupational hazards known to exist for the position.
45.1 (b) The explanation must also include information on the following employee rights
45.2as protected by state or federal law and a description of where additional information
45.3about those rights may be obtained:
45.4 (1) the right to organize and bargain collectively and refrain from organizing and
45.5bargaining collectively;
45.6 (2) the right to a safe workplace; and
45.7 (3) the right to be free from discrimination.
45.8 Subd. 4. Commissioner duties. The commissioner of labor and industry in
45.9consultation with the commissioner of human rights must develop and implement a
45.10strategy to assist employers in providing adequate notice and education to employees of
45.11their rights under this section. The commissioner shall assign the duty to implement
45.12the strategy to a specific identified position in the department. The position, along with
45.13contact information, must be included on printed materials the department prepares and
45.14distributes to carry out the commissioner's duties under this section.
45.15 Sec. 20. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
45.16 Subd. 3. Other duties. (a) The commissioner shall:
45.17 (1) provide mediation services as requested by the parties until the parties reach
45.18agreement, and may continue to assist parties after they have submitted their final
45.19positions for interest arbitration;
45.20 (2) issue notices, subpoenas, and orders required by law to carry out duties under
45.21sections179A.01 to
179A.25 ;
45.22 (3) assist the parties in formulating petitions, notices, and other papers required to
45.23be filed with the commissioner;
45.24 (4) conduct elections;
45.25 (5) certify the final results of any election or other voting procedure conducted
45.26under sections179A.01 to
179A.25 ;
45.27 (6) adopt rules relating to the administration of this chapter and the conduct of
45.28hearings and elections;
45.29 (7) receive, catalogue, file, and make available to the public all decisions of
45.30arbitrators and panels authorized by sections179A.01 to
179A.25 , all grievance arbitration
45.31decisions, and the commissioner's orders and decisions;
45.32 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
45.33section179A.20, subdivision 4 , that is available to any employee in a unit not covered by
45.34a contractual grievance procedure;
46.1 (9) maintain a schedule of state employee classifications or positions assigned to
46.2each unit established in section179A.10, subdivision 2 ;
46.3 (10) collect fees established by rule for empanelment of persons on the labor
46.4arbitrator roster maintained by the commissioner or in conjunction with fair share fee
46.5challenges. Arbitrator application fees will be $100 per year for initial applications and
46.6renewals effective July 1, 2007;
46.7 (11) provide technical support and assistance to voluntary joint labor-management
46.8committees established for the purpose of improving relationships between exclusive
46.9representatives and employers, at the discretion of the commissioner;
46.10 (12) provide to the parties a list of arbitrators as required by section179A.16,
46.11subdivision 4 ; and
46.12 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
46.13representatives for the resolution of grievance or interest disputes. Each person on the
46.14list must be knowledgeable about collective bargaining and labor relations in the public
46.15sector, well versed in state and federal labor law, and experienced in and knowledgeable
46.16about labor arbitration. To the extent practicable, the commissioner shall appoint members
46.17to the list so that the list is gender and racially diverse.
46.18 (b) From the names provided by representative organizations, the commissioner
46.19shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
46.20according to section122A.40 or
122A.41 . The persons on the list must meet at least
46.21one of the following requirements:
46.22 (1) be a former or retired judge;
46.23 (2) be a qualified arbitrator on the list maintained by the bureau;
46.24 (3) be a present, former, or retired administrative law judge; or
46.25 (4) be a neutral individual who is learned in the law and admitted to practice in
46.26Minnesota, who is qualified by experience to conduct these hearings, and who is without
46.27bias to either party.
46.28 Each year, education Minnesota shall provide a list of up to 14 names and the
46.29Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
46.30The commissioner may adopt rules about maintaining and updating the list.
46.31 Sec. 21. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
46.32PRESENCE OF LIQUOR.
46.33 No minor under the age of 18 shall be employed in any rooms constituting the place
46.34in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
47.1tasks involving the serving, dispensing, or handling of such liquors that are consumed on
47.2the premises except that:
47.3 (1) minors who have reached the age of 16 may be employed to perform busing,
47.4dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or
47.5resort where the presence of intoxicating liquor is incidental to food service or preparation;
47.6 (2) minors who have reached the age of 16 may be employed to perform busing,
47.7dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas
47.8where the presence of 3.2 percent malt liquor is incidental to food service or preparation;
47.9 (3) minors who have reached the age of 16 may be employed to provide musical
47.10entertainment in those rooms or areas where the presence of intoxicating liquor and3.2
47.11percent malt liquor is incidental to food service or preparation; and
47.12 (4) minors are not prevented from working at tasks which are not prohibited by law
47.13in establishments where liquor is sold, served, dispensed, or handled in those rooms or
47.14areas where no liquor is consumed or served.
47.15 Sec. 22. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
47.16 Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
47.17employers and employees of this state resulting from personal injuries and illnesses arising
47.18out of work situations is substantial; that the prevention of these injuries and illnesses is an
47.19important objective of the government of this state; that the greatest hope of attaining this
47.20objective lies in programs of research and education, and in the earnest cooperation of
47.21government, employers and employees; and that a program of regulation and enforcement
47.22is a necessary supplement to these more basic programs.
47.23 The legislature declares it to be its purpose and policy through the exercise of its
47.24powers to assure so far as possible every worker in the state of Minnesota safe and
47.25healthful working conditions and to preserve our human resources by:
47.26 (a) authorizing the Occupational Safety and Health Advisory Council to advise,
47.27consult with or recommend on any matters relating to the Minnesota occupational
47.28safety and health plan to the commissioner of labor and industry and by authorizing the
47.29commissioner of labor and industry to promulgate and enforce mandatory occupational
47.30safety and health standards applicable to employers and employees in the state of
47.31Minnesota;
47.32 (b) encouraging employers and employees to increase their efforts to reduce the
47.33number of occupational safety and health hazards at their places of employment, and to
47.34stimulate employers and employees to institute new and to perfect existing programs for
47.35providing safe and healthful working conditions;
48.1 (c) providing that employers and employees have separate but dependent
48.2responsibilities and rights with respect to achieving safe and healthful working conditions;
48.3 (d) providing for research in the field of occupational safety and health; including
48.4the psychological factors involved, and by developing innovative methods, techniques,
48.5and approaches for dealing with occupational safety and health problems;
48.6 (e) exploring ways to discover latent diseases, establishing causal connections
48.7between diseases and work in environmental conditions, and conducting other research
48.8relating to health problems, in recognition of the fact that occupational health standards
48.9present problems often different from those involved in occupational safety;
48.10 (f) utilizing advances already made by federal laws and regulations providing safe
48.11and healthful working conditions;
48.12 (g) providing criteria which will assure insofar as practicable that no employee
48.13will suffer diminished health, functional capacity, or life expectancy as a result of work
48.14experience;
48.15 (h) providing an effective enforcement program which shall include locating
48.16enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
48.17injuries, and complaints and a prohibition against giving advance notice of an inspection
48.18and sanctions for any individual violating this prohibition;
48.19 (i) providing for appropriate reporting procedures with respect to occupational
48.20safety and health, which procedures will help achieve the objectives of this chapter and
48.21accurately describe the nature of the occupational safety and health problem;
48.22 (j) encouraging joint labor-management efforts to reduce injuries and diseases
48.23arising out of employment;
48.24 (k) providing consultation to employees and employers which will aid them in
48.25complying with their responsibilities under this chapter where such consultation does not
48.26interfere with the effective enforcement of this chapter; and
48.27 (l) providing for training programs to increase the number and competence of
48.28personnel engaged in the field of occupational safety and health.
48.29 Sec. 23. [182.6551] CITATION.
48.30 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
48.31 Sec. 24. [182.6552] DEFINITIONS.
48.32 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
48.33individual doing the job of directly providing physical care to patients including nurses, as
48.34defined by section 148.171, who provide physical care to patients.
49.1 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
49.2section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
49.3subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
49.4 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
49.5scientific evidence on causes of injuries, that uses safe patient handling equipment rather
49.6than people to transfer, move, and reposition patients in all health care facilities to reduce
49.7workplace injuries. This process also reduces the risk of injury to patients.
49.8 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
49.9means engineering controls, lifting and transfer aids, or mechanical assistive devices used
49.10by nurses and other direct patient care workers instead of manual lifting to perform the
49.11acts of lifting, transferring, and repositioning health care facility patients and residents.
49.12 Sec. 25. [182.6553] SAFE PATIENT HANDLING PROGRAM.
49.13 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
49.14every licensed health care facility in the state shall adopt a written safe patient handling
49.15policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
49.16manual lifting of patients by nurses and other direct patient care workers by utilizing
49.17safe patient handling equipment.
49.18 (b) The program shall address:
49.19 (1) assessment of hazards with regard to patient handling;
49.20 (2) the acquisition of an adequate supply of appropriate safe patient handling
49.21equipment;
49.22 (3) initial and ongoing training of nurses and other direct patient care workers on
49.23the use of this equipment;
49.24 (4) procedures to ensure that physical plant modifications and major construction
49.25projects are consistent with program goals; and
49.26 (5) periodic evaluations of the safe patient handling program.
49.27 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
49.28health care facility in the state shall establish a safe patient handling committee either by
49.29creating a new committee or assigning the functions of a safe patient handling committee
49.30to an existing committee.
49.31 (b) Membership of a safe patient handling committee or an existing committee must
49.32meet the following requirements:
49.33 (1) at least half the members shall be nonmanagerial nurses and other direct patient
49.34care workers; and
50.1 (2) in a health care facility where nurses and other direct patient care workers
50.2are covered by a collective bargaining agreement, the union shall select the committee
50.3members proportionate to its representation of nonmanagerial workers, nurses, and other
50.4direct patient care workers.
50.5 (c) A health care organization with more than one covered health care facility may
50.6establish a committee at each facility or one committee to serve this function for all the
50.7facilities. If the organization chooses to have one overall committee for multiple facilities,
50.8at least half of the members of the overall committee must be nonmanagerial nurses and
50.9other direct patient care workers and each facility must be represented on the committee.
50.10 (d) Employees who serve on a safe patient handling committee must be compensated
50.11by their employer for all hours spent on committee business.
50.12 Subd. 3. Facilities with existing programs. A facility that has already adopted a
50.13safe patient handling policy that satisfies the requirements of subdivision 1, and established
50.14a safe patient handling committee by July 1, 2008, is considered to be in compliance
50.15with those requirements. The committee must continue to satisfy the requirements of
50.16subdivision 2, paragraph (b), on an ongoing basis.
50.17 Subd. 4. Committee duties. A safe patient handling committee shall:
50.18 (1) complete a patient handling hazard assessment that:
50.19 (i) considers patient handling tasks, types of nursing units, patient populations, and
50.20the physical environment of patient care areas;
50.21 (ii) identifies problems and solutions;
50.22 (iii) identifies areas of highest risk for lifting injuries; and
50.23 (iv) recommends a mechanism to report, track, and analyze injury trends;
50.24 (2) make recommendations on the purchase, use, and maintenance of an adequate
50.25supply of appropriate safe patient handling equipment;
50.26 (3) make recommendations on training of nurses and other direct patient care
50.27workers on use of safe patient handling equipment, initially when the equipment arrives at
50.28the facility and periodically afterwards;
50.29 (4) conduct annual evaluations of the safe patient handling implementation plan and
50.30progress toward goals established in the safe patient handling policy; and
50.31 (5) recommend procedures to ensure that, when remodeling of patient care areas
50.32occurs, the plans incorporate safe patient handling equipment or the physical space and
50.33construction design needed to accommodate safe patient handling equipment at a later date.
50.34 Subd. 5. Training materials. The commissioner shall make training materials on
50.35implementation of this section available to all health care facilities at no cost as part of the
50.36training and education duties of the commissioner under section 182.673.
51.1 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
51.2section 182.661. A violation of this section is subject to the penalties provided under
51.3section 182.666.
51.4 Subd. 7. Grant program. The commissioner may make grants to health care
51.5facilities to acquire safe patient handling equipment and for training on safe patient
51.6handling and safe patient handling equipment. Grants to any one facility may not exceed
51.7$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
51.8commissioner shall establish a grant application process. The commissioner may give
51.9priority for grants to facilities that demonstrate that acquiring safe patient handling
51.10equipment will impose a financial hardship on the facility. For health care facilities
51.11that provide evidence of hardship, the commissioner may waive the 50 percent match
51.12requirement and may grant such a facility more than $40,000. Health care facilities that
51.13the commissioner determines are experiencing hardship shall not be required to meet the
51.14safe patient handling requirements until July 1, 2012.
51.15 Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
51.16to read:
51.17 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
51.18must ensure that the telephone system used for unemployment insurance benefits provides
51.19an option for any caller to speak to an unemployment insurance specialist. An individual
51.20who calls any of the publicized telephone numbers seeking information about applying for
51.21benefits or on the status of a claim must have the option to speak on the telephone to a
51.22specialist who can provide direct assistance or can direct the caller to the person or office
51.23that is able to respond to the caller's needs.
51.24 Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
51.25 Subd. 13. Supported employment. (a) "Supported employment" means
51.26employment of a person with a disability so severe that the person needs ongoing training
51.27and support to get and keep a job in which:
51.28 (1) the person engages in paid work in a position removed from the service vendor's
51.29site where individuals without disabilities who do not require public subsidies also may
51.30be employed;
51.31 (2) public funds are necessary to provide ongoing training and support services
51.32throughout the period of the person's employment; and
51.33 (3) the person has the opportunity for social interaction with individuals who do not
51.34have disabilities and who are not paid caregivers.
52.1 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
52.2then employment at that site may be considered supported employment.
52.3 Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
52.4subdivision to read:
52.5 Subd. 14. Affirmative business enterprise employment. "Affirmative business
52.6enterprise employment" means employment which provides paid work on the premises of
52.7an affirmative business enterprise as certified by the commissioner.
52.8 Affirmative business enterprise employment is considered community employment
52.9for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
52.10that the wages for individuals reported must be at or above customary wages for the
52.11same employer. The employer must also provide one benefit package that is available to
52.12all employees.
52.13 Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
52.14 Subdivision 1. Appointment; membership. Every city, town, county, nonprofit
52.15corporation, or combination thereof establishing a rehabilitation facility shall appoint a
52.16rehabilitation facility board of no fewer thannine seven voting members before becoming
52.17eligible for the assistance provided by sections268A.06 to
268A.15 . When any city,
52.18town, or county singly establishes such a rehabilitation facility, the board shall be
52.19appointed by the chief executive officer of the city or the chair of the governing board
52.20of the county or town. When any combination of cities, towns, counties, or nonprofit
52.21corporations establishes a rehabilitation facility, the chief executive officers of the cities,
52.22nonprofit corporations, and the chairs of the governing bodies of the counties or towns
52.23shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
52.24facility, the corporation shall appoint the board of directors. Membership on a board
52.25shall be representative of the community served and shall include a person with a
52.26disability.One-third to one-half of the board shall be representative of industry or
52.27business. The remaining members should be representative of lay associations for persons
52.28with a disability, labor, the general public, and education, welfare, medical, and health
52.29professions. Nothing in sections
268A.06 to
268A.15 shall be construed to preclude
52.30the appointment of elected or appointed public officials or members of the board of
52.31directors of the sponsoring nonprofit corporation to the board, so long as the representation
52.32described above is preserved. If a county establishes an extended employment program
52.33and manages the program with county employees, the governing board shall be the county
53.1board of commissioners, and other provisions of this chapter pertaining to membership on
53.2the governing board do not apply.
53.3 Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
53.4subdivision to read:
53.5 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
53.6premises of a rehabilitation facility may be certified as an integrated setting after a site
53.7review by the department.
53.8 Sec. 31. [325E.60] RESTROOM ACCESS.
53.9 Subdivision 1. Short title. This section may be cited as the Restroom Access Act.
53.10 Subd. 2. Definitions. For purposes of this section:
53.11 (a) "Customer" means an individual who is lawfully on the premises of a retail
53.12establishment.
53.13 (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other
53.14inflammatory bowel disease, irritable bowel syndrome, or any other medical condition
53.15that requires immediate access to a restroom facility.
53.16 (c) "Retail establishment" means a place of business open to the general public for
53.17the sale of goods or services. Retail establishment does not include a filling station or
53.18service station with a structure of 800 square feet or less that has an employee restroom
53.19facility located within that structure.
53.20 Subd. 3. Retail establishment; customer access to restroom facilities. A retail
53.21establishment that has a restroom facility for its employees shall allow a customer to
53.22use that facility during normal business hours if the restroom facility is reasonably safe
53.23and all of the following conditions are met:
53.24 (1) the customer requesting the use of the employee restroom facility suffers from an
53.25eligible medical condition or uses an ostomy device, provided that the existence of the
53.26condition or device is documented in writing by the customer's physician or a nonprofit
53.27organization whose purpose includes serving individuals who suffer from the condition;
53.28 (2) three or more employees of the retail establishment are working at the time the
53.29customer requests use of the employee restroom facility;
53.30 (3) the retail establishment does not normally make a restroom available to the
53.31public;
53.32 (4) the employee restroom facility is not located in an area where providing access
53.33would create an obvious health or safety risk to the customer or an obvious security risk
53.34to the establishment; and
54.1 (5) a public restroom is not immediately accessible to the customer.
54.2 Subd. 4. Liability. (a) A retail establishment or an employee of a retail
54.3establishment is not civilly liable for an act or omission in allowing a customer who
54.4claims to have an eligible medical condition to use an employee restroom facility that is
54.5not a public restroom if the act or omission:
54.6 (1) is not negligent;
54.7 (2) occurs in an area of the retail establishment that is not accessible to the public; and
54.8 (3) results in an injury to or death of the customer or an individual other than an
54.9employee accompanying the customer.
54.10 (b) This section does not require a retail establishment to make any physical changes
54.11to an employee restroom facility.
54.12 Subd. 5. Violation. For a first violation of this section, the city or county attorney
54.13shall issue a warning letter to the retail establishment or employee informing the
54.14establishment or employee of the requirements of this section. A retail establishment or an
54.15employee of a retail establishment that violates this section after receiving a warning letter
54.16is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50.
54.17 Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
54.18to read:
54.19 Subd. 5. Local planning assistance. A regional development commission or,
54.20in regions not served by regional development commissions, a regional organization
54.21selected by the commissioner of employment and economic development, may develop a
54.22program to support planning on behalf of local units of government. The local planning
54.23must be related to issues of regional or statewide significance and may include, but is not
54.24limited to, the following:
54.25 (1) local planning and development assistance, which may include local zoning
54.26ordinances and land use plans;
54.27 (2) community or economic development plans, which may include workforce
54.28development plans, housing development plans and market analysis, JOBZ administration,
54.29grant writing assistance, and grant administration;
54.30 (3) environment and natural resources plans, which may include solid waste
54.31management plans, wastewater management plans, and renewable energy development
54.32plans;
54.33 (4) rural community health services; and
54.34 (5) development of geographical information systems to serve regional needs,
54.35including hardware and software purchases and related labor costs.
55.1 Each regional development commission or organization shall submit to the
55.2commissioner of employment and economic development an annual work program
55.3that outlines the work items for the upcoming year and establishes the relationship of
55.4the work items to development issues of regional or statewide significance. The entity
55.5completing the annual work program and identifying the statewide development issues
55.6shall consider input from the Departments of Employment and Economic Development,
55.7Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
55.8appropriate to the issues.
55.9 Sec. 33. Minnesota Statutes 2006, section 469.334, is amended to read:
55.10469.334 DESIGNATION OF ZONE.
55.11 Subdivision 1. Commissioner to designate. (a) The commissioner, in consultation
55.12with the commissioner of revenue and the director of the Office of Strategic and
55.13Long-Range Planning,shall may designate one or more biotechnology and health sciences
55.14industry zones. Priority must be given to applicants with a development plan that links a
55.15higher education/research institution with a biotechnology and health sciences industry
55.16facility.
55.17 (b) The commissioner may consult with the applicant prior to the designation of the
55.18zone. The commissioner may modify the development plan, including the boundaries
55.19of the zone or subzones, if in the commissioner's opinion a modified plan would better
55.20meet the objectives of the biotechnology and health sciences industry zone program. The
55.21commissioner shall notify the applicant of the modifications and provide a statement of
55.22the reasons for the modifications.
55.23 Subd. 2. Need indicators. (a) In evaluating applications to determine the need for
55.24designation of a biotechnology and health sciences industry zone, the commissioner shall
55.25consider the following factors as indicators of need:
55.26 (1) the extent to which land in proximity to a significant scientific research institution
55.27could be developed as a higher and better use for biotechnology and health sciences
55.28industry facilities;
55.29 (2) the amount of property in or near the zone that is deteriorated or underutilized;
55.30and
55.31 (3) the extent to which property in the area would remain underdeveloped or
55.32nonperforming due to physical characteristics.
55.33 (b) The commissioner may require applicants to provide data to demonstrate how
55.34the area meets one or more of the indicators of need.
56.1 Subd. 3. Success indicators. In determining the likelihood of success of a proposed
56.2zone, the commissioner shall consider:
56.3 (1) applicants that show a viable link between a higher education/research institution,
56.4the biotechnology and/or medical devices business sectors, and one or more units of
56.5local government with a development plan;
56.6 (2) the extent to which the area has substantial real property with adequate
56.7infrastructure and energy to support new or expanded development;
56.8 (3) the strength and viability of the proposed development goals, objectives, and
56.9strategies in the development plan;
56.10 (4) whether the development plan is creative and innovative in comparison to
56.11other applications;
56.12 (5) local public and private commitment to development of a biotechnology and
56.13health sciences industry facility or facilities in the proposed zone and the potential
56.14cooperation of surrounding communities;
56.15 (6) existing resources available to the proposed zone;
56.16 (7) how the designation of the zone would relate to other economic and community
56.17development projects and to regional initiatives or programs;
56.18 (8) how the regulatory burden will be eased for biotechnology and health sciences
56.19industry facilities located in the proposed zone;
56.20 (9) proposals to establish and link job creation and job training in the biotechnology
56.21and health sciences industry with research/educational institutions; and
56.22 (10) the extent to which the development is directed at encouraging, and that
56.23designation of the zone is likely to result in, the creation of high-paying jobs.
56.24 Subd. 4. Designation schedule. (a) The schedule in paragraphs (b) to (e) applies to
56.25the designation of the first biotechnology and health sciences industry zone.
56.26 (b) The commissioner shall publish the form for applications and any procedural,
56.27form, or content requirements for applications by no later than August 1, 2003. The
56.28commissioner may publish these requirements on the Internet, in the State Register, or by
56.29any other means the commissioner determines appropriate to disseminate the information
56.30to potential applicants for designation.
56.31 (c) Applications must be submitted by October 15, 2003.
56.32 (d) The commissioner shall designate the zones by no later than December 31, 2003.
56.33 (e) The designation of the zones takes effect January 1, 2004.
56.34 (f) Additional zones may be designated in later years,following substantially the
56.35same application and designation process as provided in paragraphs (b) to (e) only after
56.36the commissioner of employment and economic development has established criteria for
57.1expanding the number of zones. The criteria must limit designating a new zone to a
57.2community that has adequate resources and infrastructure to support bioindustry, including
57.3postsecondary institutions, strong health care systems, and existing bioscience companies.
57.4It must also require that a new zone be located on a transportation corridor.
57.5 Sec. 34. WORKFORCE ENHANCEMENT FEE.
57.6 If the commissioner of employment and economic development determines that
57.7the need for services under the dislocated worker program substantially exceeds the
57.8resources that will be available for the program, the commissioner may increase the
57.9special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
57.10more than .12 percent of taxable wages.
57.11 Sec. 35. WORKING GROUP ON STATE ROLE IN TRADE POLICY.
57.12 Subdivision 1. Work group members. The Department of Employment and
57.13Economic Development must convene a working group to develop recommendations for
57.14establishing policies and procedures regarding the role of the state in federal trade policy
57.15and trade agreements. The working group must be comprised of 17 members as follows:
57.16 (1) the governor or his designee;
57.17 (2) the commissioner of the Department of Employment and Economic Development
57.18or his designee;
57.19 (3) the commissioner of the Department of Agriculture or his designee;
57.20 (4) the commissioner of the Department of Administration or his designee;
57.21 (5) the attorney general or her designee;
57.22 (6) two members of the Minnesota senate one of whom is appointed by the senate
57.23majority leader and one appointed by the minority leader;
57.24 (7) two members of the Minnesota house of representatives, one of whom is
57.25appointed by the speaker and one appointed by the minority leader;
57.26 (8) two members designated by the Minnesota AFL-CIO;
57.27 (9) two members representing labor organizations other than the AFL-CIO with one
57.28to be appointed by the speaker of the Minnesota house of representatives and one to be
57.29appointed by the majority leader of the Minnesota senate;
57.30 (10) two members designated by the Minnesota Chamber of Commerce; and
57.31 (11) two members representing business organizations other than the Minnesota
57.32Chamber of Commerce appointed by the governor.
57.33 The Department of Employment and Economic Development must provide
57.34administrative support to the working group.
58.1 Subd. 2. Duties; responsibilities. The working group may obtain input from other
58.2state and federal agencies as appropriate and may conduct public hearings to allow input
58.3from interested stakeholders. The working group must:
58.4 (1) determine the state's jurisdiction regarding federal trade policy and trade
58.5agreements;
58.6 (2) assess the state's current policies, procedures, roles and responsibilities for
58.7providing advice and consent on federal trade policy and trade agreements;
58.8 (3) review the current means through which the state interacts with the Office of
58.9the United States Trade Representative (USTR) and Congress regarding trade policy and
58.10trade agreements;
58.11 (4) inventory the federal trade policies and trade agreements that the state of
58.12Minnesota has formally approved or signed on to;
58.13 (5) examine trade policy models established by other states;
58.14 (6) develop recommendations for defining responsibilities and procedures for the
58.15state's role in federal trade policy and trade agreements; and
58.16 (7) prepare legislative recommendations to implement the recommendations of
58.17the working group.
58.18 The working group must report its findings and recommendations to the governor
58.19and the legislature by December 1, 2007.
58.20 Sec. 36. STUDY; SAFE PATIENT HANDLING.
58.21 (a) The commissioner of labor and industry shall study ways to require workers'
58.22compensation insurers to recognize compliance with Minnesota Statutes, section
58.23182.6553, in the workers' compensation premiums of health care and long-term care
58.24facilities. The commissioner shall report by January 15, 2008, the results of the study
58.25to the chairs of the policy committees of the legislature with primary jurisdiction over
58.26workers' compensation issues.
58.27 (b) By January 15, 2008, the commissioner must make recommendations to the
58.28legislature regarding funding sources available to health care facilities for safe patient
58.29handling programs and equipment, including, but not limited to, low interest loans, interest
58.30free loans, and federal, state, or county grants.
58.31 Sec. 37. WORK GROUP; SAFE PATIENT HANDLING.
58.32 The Minnesota State Council on Disability shall convene a work group comprised
58.33of representatives from the Minnesota Medical Association and other organizations
58.34representing clinics, disability advocates, and direct care workers, to do the following:
59.1 (1) assess the current options for and use of safe patient handling equipment in
59.2unlicensed outpatient clinics, physician offices, and dental settings;
59.3 (2) identify barriers to the use of safe patient handling equipment in these settings;
59.4and
59.5 (3) define clinical settings that move patients to determine applicability of the Safe
59.6Patient Handling Act.
59.7 The work group must report to the legislature by January 15, 2008, including
59.8reports to the chairs of the senate and house of representatives committees on workforce
59.9development.
59.10 Sec. 38. EFFECT ON RULES.
59.11 The commissioner of labor and industry shall amend Minnesota Rules, part
59.125200.0910 , to conform to Minnesota Statutes, section 181A.115. The commissioner
59.13may use the good cause exemption in Minnesota Statutes, section14.388 , in adopting
59.14the amendment required by this section.
59.15 Sec. 39. PUBLIC FACILITIES AUTHORITY FUNDING.
59.16 To the greatest practical extent, projects on the Public Facilities Authority's 2007
59.17intended use plan, the listings for which were based on the Pollution Control Agency's
59.182006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
59.19qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
59.20section 21, that could not be certified by the Pollution Control Agency by the applicable
59.21deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
59.22issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
59.23obtain the required certification from the Pollution Control Agency.
59.24 Sec. 40. REPEALER.
59.25(a) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision
59.262; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; and 326.64,
59.27are repealed.
59.28(b) Minnesota Statutes 2006, section 326.975, is repealed effective December
59.291, 2007.
59.32 Section 1. Minnesota Statutes 2006, section 16B.63, subdivision 5, is amended to read:
60.1 Subd. 5. Interpretative authority. To achieve uniform and consistent application
60.2of the State Building Code, thestate building official commissioner has final interpretative
60.3authority applicable to all codes adopted as part of the State Building Code except
60.4for the Plumbing Code and the Electrical Codewhen enforced by the State Board of
60.5Electricity. A final interpretative committee composed of seven members, consisting
60.6of three building officials, two inspectors from the affected field, and two construction
60.7industry representatives, shall review requests for final interpretations relating to that field
60.8for which the commissioner has final interpretative authority.A request The Plumbing
60.9Board has final interpretative authority applicable to the state Plumbing Code and shall
60.10review requests for final interpretation made to the board that relate to the state plumbing
60.11code. The Board of Electricity has final interpretative authority applicable to the state
60.12Electrical Code and shall review requests for final interpretation made to the board that
60.13relate to the state Electrical Code. The Board of High Pressure Piping Systems has final
60.14interpretative authority applicable to the state High Pressure Piping Code and shall review
60.15requests for final interpretation made to the board that relate to the state high pressure
60.16piping code. Except for requests for final interpretations that relate to the state plumbing
60.17code, the state Electrical Code, and the state High Pressure Piping Code, requests for final
60.18interpretation must come from a local or state level building code board of appeals. The
60.19state building official commissioner must establish procedures for membership of the final
60.20interpretative committees. The appropriate committee shall review the request and make
60.21a recommendation to thestate building official commissioner for the final interpretation
60.22within 30 days of the request. Thestate building official commissioner must issue an a final
60.23interpretation within ten business daysfrom after the receipt of the recommendation from
60.24thereview final interpretative committee. A The Plumbing Board, the Board of Electricity,
60.25or the Board of High Pressure Piping Systems shall review a request and issue a final
60.26interpretation within 30 days of the request. Any person aggrieved by final interpretation
60.27maybe appealed appeal within 30 days of its issuance to by the commissioner under
60.28section
16B.67
60.29must be published within ten business days of its issuance and made available to the
60.30public. Municipal building officials shall administer all final interpretations issued by
60.31thestate building official commissioner until the final interpretations are considered by
60.32the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High
60.33Pressure Piping Systems for adoption as part of the State Building Code, state Plumbing
60.34Code, state Electrical Code, or the High Pressure Piping Code.
61.1 Sec. 2. Minnesota Statutes 2006, section 154.003, is amended to read:
61.2154.003 FEES.
61.3 (a) The fees collected, as required in this chapter, chapter 214, and the rules of the
61.4board, shall be paid to the executive secretary of the board. The executive secretary shall
61.5deposit the fees in the general fund in the state treasury.
61.6 (b) The board shall charge the following fees:
61.7 (1) examination and certificate, registered barber, $65;
61.8 (2) examination and certificate, apprentice, $60;
61.9 (3) examination, instructor, $160;
61.10 (4) certificate, instructor, $45;
61.11 (5) temporary teacher or apprentice permit, $50;
61.12 (6) renewal of license, registered barber, $50;
61.13 (7) renewal of license, apprentice, $45;
61.14 (8) renewal of license, instructor, $60;
61.15 (9) renewal of temporary teacher permit, $35;
61.16 (10) student permit, $25;
61.17 (11) initial shop registration, $60;
61.18 (12) initial school registration, $1,010;
61.19 (13) renewal shop registration, $60;
61.20 (14) renewal school registration, $260;
61.21 (15) restoration of registered barber license, $75;
61.22 (16) restoration of apprentice license, $70;
61.23 (17) restoration of shop registration, $85;
61.24 (18) change of ownership or location, $35;
61.25 (19) duplicate license, $20;and
61.26 (20) home study course, $75; and
61.27 (21) registration of hair braiders, $20 per year.
61.28 Sec. 3. [154.465] HAIR BRAIDING.
61.29 Subdivision 1. Registration. Any person engaged in hair braiding solely for
61.30compensation as a profession, except persons licensed as cosmetologists, shall register
61.31with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
61.32by the board.
61.33 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
61.34results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
61.35locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
62.1fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
62.2hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
62.3includes what is commonly known as "African-style hair braiding" or "natural hair care"
62.4but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
62.5Hair braiding includes the making of customized wigs from natural hair, natural fibers,
62.6synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
62.7as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
62.8involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
62.9chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
62.10or chemical hair bleaching agents applied to growing human hair. For purposes of this
62.11section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
62.12rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
62.13are required solely for hair braiding.
62.14 Subd. 3. Requirements. In order to qualify for initial registration, any person
62.15engaged in hair braiding solely for compensation as a profession, except persons licensed
62.16as cosmetologists, shall satisfactorily complete instruction at either an accredited school,
62.17professional association, or by an individual approved by the board. Instruction includes
62.18coursework covering the topics of health, safety, sanitation, and state laws related to
62.19cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in
62.20a foreign language format and such availability shall be reported to and posted by the
62.21Minnesota Board of Barber and Cosmetology Examiners.
62.22 Subd. 4. Curriculum. An accredited school, professional association, or an
62.23individual approved by the board desiring to provide the coursework required under
62.24subdivision 3 shall have curriculum in place by January 1, 2008.
62.25EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
62.26effective the day following final enactment.
62.27 Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
62.28 Subdivision 1. Examination of records. The commissioner may enter during
62.29reasonable office hours or upon request and inspect the place of business or employment of
62.30any employer of employees working in the state, to examine and inspect books, registers,
62.31payrolls, and other records of any employer that in any way relate to wages, hours, and
62.32other conditions of employment of any employees. The commissioner may transcribe any
62.33or all of the books, registers, payrolls, and other records as the commissioner deems
62.34necessary or appropriate and may question the employees to ascertain compliance with
62.35sections177.21 to
177.35 177.435
63.1complaints by an employee against an employer if the failure to pay a wage may violate
63.2Minnesota law or an order or rule of the department.
63.3 Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
63.4 Subd. 4. Compliance orders. The commissioner may issue an order requiring an
63.5employer to comply with sections177.21 to
177.35 177.435181.02 ,
181.03 ,
181.031 ,
63.6181.032
,
181.101 ,
181.11 ,
181.12 ,
181.13 ,
181.14 ,
181.145 ,
181.15 , and
181.79 , or with
63.7any rule promulgated under section177.28 . The department shall serve the order upon
63.8the employer or the employer's authorized representative in person or by certified mail
63.9at the employer's place of business. An employer who wishes to contest the order must
63.10file written notice of objection to the order with the commissioner within 15 calendar
63.11days after being served with the order. A contested case proceeding must then be held
63.12in accordance with sections14.57 to
14.69 . If, within 15 calendar days after being
63.13served with the order, the employer fails to file a written notice of objection with the
63.14commissioner, the order becomes a final order of the commissioner.
63.15 Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
63.16 Subd. 8. Court actions; suits brought by private parties. An employee may bring
63.17a civil action seeking redress for a violation or violations of sections177.21 to
177.35
63.18177.44 directly to district court. An employer who pays an employee less than the wages
63.19and overtime compensation to which the employee is entitled under sections177.21 to
63.20177.35
177.44 is liable to the employee for the full amount of the wages, gratuities, and
63.21overtime compensation, less any amount the employer is able to establish was actually
63.22paid to the employee and for an additional equal amount as liquidated damages. In
63.23addition, in an action under this subdivision the employee may seek damages and other
63.24appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
63.25between the employee and the employer to work for less than the applicable wage is not
63.26a defense to the action.
63.27 Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
63.28 Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
63.29be filed in the district court of the county wherein a violation or violations of sections
63.30177.21
to
177.35
63.31or has a principal place of business, or any other court of competent jurisdiction. The
63.32action may be brought by one or more employees.
64.1 Sec. 8. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
64.2 Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8,
64.3the court shall order an employer who is found to have committed a violation or violations
64.4of sections177.21 to
177.35
64.5disbursements, witness fees, and attorney fees.
64.6 Sec. 9. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
64.7 Subdivision 1. General authority. The commissioner may adopt rules, including
64.8definitions of terms, to carry out the purposes of sections177.21 to
177.35
64.9prevent the circumvention or evasion of those sections, and to safeguard the minimum
64.10wage and overtime rates established by sections177.24 and
177.25 .
64.11 Sec. 10. Minnesota Statutes 2006, section 177.30, is amended to read:
64.12177.30 KEEPING RECORDS; PENALTY.
64.13 Every employer subject to sections177.21 to
177.35
64.14record of:
64.15 (1) the name, address, and occupation of each employee;
64.16 (2) the rate of pay, and the amount paid each pay period to each employee;
64.17 (3) the hours worked each day and each workweek by the employee;and
64.18 (4) for each employer subject to sections 177.41 to 177.44, and while performing
64.19work on public works projects funded in whole or in part with state funds, the prevailing
64.20wage master job classification of each employee working on the project for each hour
64.21worked; and
64.22(4) (5) other information the commissioner finds necessary and appropriate to
64.23enforce sections177.21 to
177.35 . The records must be kept for three years in or near the
64.24premises where an employee works except each employer subject to sections 177.41 to
64.25177.44, and while performing work on public works projects funded in whole or in part
64.26with state funds, the records must be kept for three years after the contracting authority
64.27has made final payment on the public works project.
64.28 The commissioner may fine an employer up to $1,000 for each failure to maintain
64.29records as required by this section. This penalty is in addition to any penalties provided
64.30under section177.32, subdivision 1 . In determining the amount of a civil penalty under
64.31this subdivision, the appropriateness of such penalty to the size of the employer's business
64.32and the gravity of the violation shall be considered.
64.33 Sec. 11. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
65.1 Subd. 3. Contract requirements. The contract must specifically state the prevailing
65.2wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
65.3provide that the contracting agency shall demand, and the contractor and subcontractor
65.4shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days
65.5after the end of each pay period. The payrolls must contain all the data required by section
65.6177.30. The contracting authority may examine all records relating to wages paid laborers
65.7or mechanics on work to which sections 177.41 to 177.44 apply.
65.8 Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
65.9 Subd. 4. Determination by commissioner; posting; petition for reconsideration.
65.10 The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
65.11trades and occupations required in any project must be ascertained before the state asks for
65.12bids. The commissioner of labor and industry shall investigate as necessary to ascertain
65.13the information.The commissioner Each contractor and subcontractor performing work
65.14on a public project shall keep the information posted on the project in at least one
65.15conspicuous place for the information of the employees working on the project. A person
65.16aggrieved by a final determination of the commissioner may petition the commissioner for
65.17reconsideration of findings. A person aggrieved by a decision of the commissioner after
65.18reconsideration may, within 20 days after the decision, petition the commissioner for a
65.19public hearing in the manner of a contested case under sections14.57 to
14.61 .
65.20 Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
65.21 Subd. 6. Examination of records; investigation by the department. The
65.22Department of Labor and Industry shall enforce this section. The department may
65.23demand, and the contractor and subcontractor shall furnish to the department, copies
65.24of any or all payrolls. The department may examine all records relating to wages paid
65.25laborers or mechanics on work to which sections177.41 to
177.44 apply. The department
65.26shall employ at least three investigators to perform on-site project reviews, receive and
65.27investigate complaints of violations of this section, and conduct training and outreach to
65.28contractors and contracting authorities for public works projects financed in whole or
65.29in part with state funds.
65.30 Sec. 14. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
65.31to read:
65.32 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
65.33employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
66.1177.44, the commissioner shall issue a withholding order to the contracting authority
66.2ordering the contracting authority to withhold payment of sufficient sum to the prime
66.3or general contractor on the project to satisfy the back wages assessed or otherwise
66.4cure the violation, and the contracting authority must withhold the sum ordered until
66.5the compliance order has become a final order of the commissioner and has been fully
66.6paid or otherwise resolved by the employer.
66.7 During an investigation of a violation of sections 177.41 to 177.44 which the
66.8commissioner reasonably determines is likely to result in the finding of a violation of
66.9sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
66.10177.27, subdivision 4, the commissioner may notify the contracting authority of the
66.11determination and the amount expected to be assessed and the contracting authority shall
66.12give the commissioner 90 days' prior notice of the date the contracting authority intends to
66.13make final payment.
66.14 Sec. 15. [181.723] INDEPENDENT CONTRACTORS.
66.15 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
66.16 (a) "Person" means any individual, limited liability corporation, corporation,
66.17partnership, incorporated or unincorporated association, sole proprietorship, joint stock
66.18company, or any other legal or commercial entity.
66.19 (b) "Department" means the Department of Labor and Industry.
66.20 (c) "Commissioner" means the commissioner of labor and industry or a duly
66.21designated representative of the commissioner who is either an employee of the
66.22Department of Labor and Industry or person working under contract with the Department
66.23of Labor and Industry.
66.24 (d) "Individual" means a human being.
66.25 (e) "Day" means calendar day unless otherwise provided.
66.26 (f) "Knowingly" means knew or could have known with the exercise of reasonable
66.27diligence.
66.28 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
66.29contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
66.30records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
66.31maintained in any form or manner.
66.32 Subd. 2. Limited application. This section only applies to individuals performing
66.33public or private sector commercial or residential building construction or improvement
66.34services.
67.1 Subd. 3. Employee-employer relationship. Except as provided in subdivision
67.24, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
67.3individual who performs services for a person that are in the course of the person's trade,
67.4business, profession, or occupation is an employee of that person and that person is an
67.5employer of the individual.
67.6 Subd. 4. Independent contractor. An individual is an independent contractor and
67.7not an employee of the person for whom the individual is performing services in the course
67.8of the person's trade, business, profession, or occupation only if (1) the individual holds
67.9a current independent contractor exemption certificate issued by the commissioner; and
67.10(2) the individual is performing services for the person under the independent contractor
67.11exemption certificate as provided in subdivision 6. The requirements in clauses (1) and (2)
67.12must be met in order to qualify as an independent contractor and not as an employee of
67.13the person for whom the individual is performing services in the course of the person's
67.14trade, business, profession, or occupation.
67.15 Subd. 5. Application. To obtain an independent contractor exemption certificate,
67.16the individual must submit, in the manner prescribed by the commissioner, a complete
67.17application and the certificate fee required under subdivision 14.
67.18 (a) A complete application must include all of the following information:
67.19 (1) the individual's full name;
67.20 (2) the individual's residence address and telephone number;
67.21 (3) the individual's business name, address, and telephone number;
67.22 (4) the services for which the individual is seeking an independent contractor
67.23exemption certificate;
67.24 (5) the individual's Social Security number;
67.25 (6) the individual's or the individual's business federal employer identification
67.26number, if a number has been issued to the individual or the individual's business;
67.27 (7) any information or documentation that the commissioner requires by rule that
67.28will assist the department in determining whether to grant or deny the individual's
67.29application; and
67.30 (8) the individual's sworn statement that the individual meets all of the following
67.31conditions:
67.32 (i) maintains a separate business with the individual's own office, equipment,
67.33materials, and other facilities;
67.34 (ii) holds or has applied for a federal employer identification number or has filed
67.35business or self-employment income tax returns with the federal Internal Revenue Service
68.1if the person has performed services in the previous year for which the individual is
68.2seeking the independent contractor exemption certificate;
68.3 (iii) operates under contracts to perform specific services for specific amounts of
68.4money and under which the individual controls the means of performing the services;
68.5 (iv) incurs the main expenses related to the service that the individual performs
68.6under contract;
68.7 (v) is responsible for the satisfactory completion of services that the individual
68.8contracts to perform and is liable for a failure to complete the service;
68.9 (vi) receives compensation for service performed under a contract on a commission
68.10or per-job or competitive bid basis and not on any other basis;
68.11 (vii) may realize a profit or suffer a loss under contracts to perform service;
68.12 (viii) has continuing or recurring business liabilities or obligations; and
68.13 (ix) the success or failure of the individual's business depends on the relationship of
68.14business receipts to expenditures.
68.15 (b) Individuals who are applying for or renewing a residential building contractor
68.16or residential remodeler license under sections 326.83 to 326.992 and any rules
68.17promulgated pursuant thereto may simultaneously apply for or renew an independent
68.18contractor exemption certificate. The commissioner shall create an application form
68.19that allows for the simultaneous application for both a residential building contractor
68.20or residential remodeler license and an independent contractor exemption certificate.
68.21If individuals simultaneously apply for or renew a residential building contractor or
68.22residential remodeler license and an independent contractor exemption certificate using
68.23the form created by the commissioner, individuals shall only be required to provide, in
68.24addition to the information required by section 326.89 and rules promulgated pursuant
68.25thereto, the sworn statement required by paragraph (a), clause (8), and any additional
68.26information required by this subdivision that is not also required by section 326.89 and
68.27any rules promulgated thereto. When individuals submit a simultaneous application on the
68.28form created by the commissioner for both a residential building contractor or residential
68.29remodeler license and an independent contractor exemption certificate, the application
68.30fee shall be $150. An independent contractor exemption certificate that is in effect
68.31before March 1, 2009, shall remain in effect until March 1, 2011, unless revoked by the
68.32commissioner or cancelled by the individual.
68.33 (c) Within 30 days of receiving a complete application and the certificate fee, the
68.34commissioner must either grant or deny the application. The commissioner may deny
68.35an application for an independent contractor exemption certificate if the individual has
68.36not submitted a complete application and certificate fee or if the individual does not
69.1meet all of the conditions for holding the independent contractor exemption certificate.
69.2The commissioner may revoke an independent contractor exemption certificate if the
69.3commissioner determines that the individual no longer meets all of the conditions for
69.4holding the independent contractor exemption certificate, commits any of the actions
69.5set out in subdivision 7, or fails to cooperate with a department investigation into the
69.6continued validity of the individual's certificate. Once issued, an independent contractor
69.7exemption certificate remains in effect for two years unless:
69.8 (1) revoked by the commissioner; or
69.9 (2) canceled by the individual.
69.10 (d) If the department denies an individual's original or renewal application for
69.11an independent contractor exemption certificate or revokes an independent contractor
69.12exemption certificate, the commissioner shall issue to the individual an order denying or
69.13revoking the certificate. The commissioner may issue an administrative penalty order to
69.14an individual or person who commits any of the actions set out in subdivision 7.
69.15 (e) An individual or person to whom the commissioner issues an order under
69.16paragraph (d) shall have 30 days after service of the order to request a hearing. The
69.17request for hearing must be in writing and must be served on or faxed to the commissioner
69.18at the address or facsimile number specified in the order by the 30th day after service of
69.19the order. If the individual does not request a hearing or if the individual's request for a
69.20hearing is not served on or faxed to the commissioner by the 30th day after service of the
69.21order, the order shall become a final order of the commissioner and will not be subject to
69.22review by any court or agency. The date on which a request for hearing is served by mail
69.23shall be the postmark date on the envelope in which the request for hearing is mailed. If
69.24the individual serves or faxes a timely request for hearing, the hearing shall be a contested
69.25case hearing and shall be held in accordance with chapter 14.
69.26 Subd. 6. Performing services under exemption certificate. An individual is
69.27performing services for a person under an independent contractor exemption certificate if:
69.28 (a) the individual is performing services listed on the individual's independent
69.29contractor exemption certificate; and
69.30 (b) at the time the individual is performing services listed on the individual's
69.31independent contractor exemption certificate, the individual meets all of the following
69.32conditions:
69.33 (1) maintains a separate business with the individual's own office, equipment,
69.34materials, and other facilities;
69.35 (2) holds or has applied for a federal employer identification number or has filed
69.36business or self-employment income tax returns with the federal Internal Revenue Service
70.1if the individual performed services in the previous year for which the individual has the
70.2independent contractor exemption certificate;
70.3 (3) is operating under contract to perform the specific services for the person
70.4for specific amounts of money and under which the individual controls the means of
70.5performing the services;
70.6 (4) is incurring the main expenses related to the services that the individual is
70.7performing for the person under the contract;
70.8 (5) is responsible for the satisfactory completion of the services that the individual
70.9has contracted to perform for the person and is liable for a failure to complete the services;
70.10 (6) receives compensation from the person for the services performed under the
70.11contract on a commission or per-job or competitive bid basis and not on any other basis;
70.12 (7) may realize a profit or suffers a loss under the contract to perform services for
70.13the person;
70.14 (8) has continuing or recurring business liabilities or obligations; and
70.15 (9) the success or failure of the individual's business depends on the relationship of
70.16business receipts to expenditures.
70.17 Subd. 7. Prohibited activities. (a) An individual shall not:
70.18 (1) perform work as an independent contractor who meets the qualifications under
70.19subdivision 6 without first obtaining from the department an independent contractor
70.20exemption certificate;
70.21 (2) perform work as an independent contractor when the department has denied or
70.22revoked the individual's independent contractor exemption certificate;
70.23 (3) transfer to another individual or allow another individual to use the individual's
70.24independent contractor exemption certificate;
70.25 (4) alter or falsify an independent contractor exemption certificate;
70.26 (5) misrepresent the individual's status as an independent contractor; or
70.27 (6) make a false material statement, representation, or certification; omit material
70.28information; or alter, conceal, or fail to file a document required by this section or any rule
70.29promulgated by the commissioner under rulemaking authority set out in this section.
70.30 (b) A person shall not:
70.31 (1) require an individual through coercion, misrepresentation, or fraudulent means to
70.32adopt independent contractor status;
70.33 (2) knowingly misrepresent that an individual who has not been issued an
70.34independent contractor exemption certificate or is not performing services for the person
70.35under an independent contractor exemption certificate is an independent contractor; or
71.1 (3) make a false material statement, representation, or certification; omit material
71.2information; or alter, conceal, or fail to file a document required by this section or any rule
71.3promulgated by the commissioner under rulemaking authority set out in this section.
71.4 (c) A person for whom an individual is performing services must obtain a copy of the
71.5individual's independent contractor exemption certificate before services may commence.
71.6A copy of the independent contractor exemption certificate must be retained for five years
71.7from the date of receipt by the person for whom an individual is performing services.
71.8 Subd. 8. Remedies. An individual or person who violates any provision of
71.9subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
71.10each violation. The department shall deposit penalties in the assigned risk safety account.
71.11 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
71.12section, the commissioner may:
71.13 (1) administer oaths and affirmations, certify official acts, interview, question, take
71.14oral or written statements, and take depositions;
71.15 (2) request, examine, take possession of, photograph, record, and copy any
71.16documents, equipment, or materials;
71.17 (3) at a time and place indicated by the commissioner, request persons to appear
71.18before the commissioner to give testimony and produce documents, equipment, or
71.19materials;
71.20 (4) issue subpoenas to compel persons to appear before the commissioner to give
71.21testimony and produce documents, equipment, or materials; and
71.22 (5) subject to paragraph (c), with or without notice, enter without delay upon
71.23any property, public or private, for the purpose of taking any action authorized under
71.24this subdivision or the applicable law, including obtaining information or conducting
71.25inspections or investigations.
71.26 (b) Persons requested by the commissioner to give testimony or produce documents,
71.27equipment, or materials shall respond within the time and in the manner specified by the
71.28commissioner. If no time to respond is specified in the request, then a response shall be
71.29submitted within 30 days of the commissioner's service of the request.
71.30 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
71.31owner's representative, or lessee's representative to permit the commissioner's entry onto
71.32property as provided in paragraph (a), the commissioner may apply for an administrative
71.33inspection order in the Ramsey County District Court or, at the commissioner's discretion,
71.34in the district court in the county in which the property is located. The commissioner may
71.35anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
71.36property owner's representative, or lessee's representative has refused to permit entry on a
72.1prior occasion or has informed the commissioner that entry will be refused. Upon showing
72.2of administrative probable cause by the commissioner, the district court shall issue an
72.3administrative inspection order that compels the property owner or lessee to permit the
72.4commissioner to enter the property for the purposes specified in paragraph (a).
72.5 (d) Upon the application of the commissioner, a district court shall treat the failure of
72.6any person to obey a subpoena lawfully issued by the commissioner under this subdivision
72.7as a contempt of court.
72.8 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
72.9on a person under this section may be by mail, by personal service, or in accordance with
72.10any consent to service filed with the commissioner. Service by mail shall be accomplished
72.11in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
72.12shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
72.13subpart 3.
72.14 Subd. 11. Facsimile; timely service. When this section permits a request for
72.15hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
72.16pages in length. The request shall be considered timely served if the facsimile is received
72.17by the commissioner, at the facsimile number identified by the commissioner in the order,
72.18no later than 4:30 p.m. central time on the last day permitted for faxing the request.
72.19Where the quality or authenticity of the faxed request is at issue, the commissioner
72.20may require the original request to be filed. Where the commissioner has not identified
72.21quality or authenticity of the faxed request as an issue and the request has been faxed in
72.22accordance with this subdivision, the person faxing the request does not need to file the
72.23original request with the commissioner.
72.24 Subd. 12. Time period computation. In computing any period of time prescribed
72.25or allowed by this section, the day of the act, event, or default from which the designated
72.26period of time begins to run shall not be included. The last day of the period so computed
72.27shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
72.28period runs until the next day which is not a Saturday, Sunday, or legal holiday.
72.29 Subd. 13. Rulemaking. The commissioner may, in consultation with the
72.30commissioner of revenue and the commissioner of employment and economic
72.31development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
72.32of chapter 14 that relate to the commissioner's responsibilities under this section. This
72.33subdivision is effective the day following final enactment.
72.34 Subd. 14. Fee. The certificate fee for the original application and for the renewal of
72.35an independent contractor exemption certificate shall be $150.
73.1 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
73.2the commissioner has reason to believe that an individual who holds a certificate has failed
73.3to maintain all the conditions required by subdivision 6 or is not performing services for a
73.4person under the independent contractor exemption certificate, the commissioner must
73.5notify the commissioner of revenue and the commissioner of employment and economic
73.6development. Upon receipt of notification from the commissioner that an individual who
73.7holds a certificate has failed to maintain all the conditions required by subdivision 6
73.8or is not performing services for a person under the independent contractor exemption
73.9certificate, the commissioner of revenue must review the information returns required
73.10under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
73.11also review the submitted certification that is applicable to returns audited or investigated
73.12under section 289A.35.
73.13 Subd. 16. Data classified. Data in applications for an independent contractor
73.14exemption certificate and any required documentation submitted to the commissioner are
73.15private data on individuals as defined in section 13.02. Data in exemption certificates
73.16issued by the commissioner are public data. Data that document a revocation or
73.17cancellation of an exemption certificate are public data. Upon request of the Department
73.18of Revenue or Department of Employment and Economic Development, the commissioner
73.19may release to the requesting department data classified as private under this subdivision
73.20or investigative data that are not public under section 13.39 that relate to the issuance or
73.21denial of applications or revocations of certificates.
73.22EFFECTIVE DATE.This section is effective July 1, 2008.
73.23 Sec. 16. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
73.24 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
73.25threaten, otherwise discriminate against, or penalize an employee regarding the employee's
73.26compensation, terms, conditions, location, or privileges of employment because:
73.27 (a) the employee, or a person acting on behalf of an employee, in good faith, reports
73.28a violation or suspected violation of any federal or state law or rule adopted pursuant to
73.29law to an employer or to any governmental body or law enforcement official;
73.30 (b) the employee is requested by a public body or office to participate in an
73.31investigation, hearing, inquiry;
73.32 (c) the employee refuses an employer's order to perform an action that the employee
73.33has an objective basis in fact to believe violates any state or federal law or rule or
73.34regulation adopted pursuant to law, and the employee informs the employer that the order
73.35is being refused for that reason;or
74.1 (d) the employee, in good faith, reports a situation in which the quality of health care
74.2services provided by a health care facility, organization, or health care provider violates a
74.3standard established by federal or state law or a professionally recognized national clinical
74.4or ethical standard and potentially places the public at risk of harm.; or
74.5 (e) a public employee communicates the findings of a scientific or technical study
74.6that the employee, in good faith, believes to be truthful and accurate, including reports to a
74.7governmental body or law enforcement official.
74.8The disclosures protected pursuant to this section do not authorize the disclosure of data
74.9otherwise protected by law.
74.10 Sec. 17. Minnesota Statutes 2006, section 181.935, is amended to read:
74.11181.935 INDIVIDUAL REMEDIES; PENALTY.
74.12 (a) In addition to any remedies otherwise provided by law, an employee injured by
74.13a violation of section181.932 may bring a civil action to recover any and all damages
74.14recoverable at law, together with costs and disbursements, including reasonable attorney's
74.15fees, and may receive such injunctive and other equitable relief as determined by the court.
74.16 (b) An employer who failed to notify, as required under section181.933 or
181.934 ,
74.17an employee injured by a violation of section181.932 is subject to a civil penalty of $25
74.18per day per injured employee not to exceed $750 per injured employee.
74.19 (c) If the district court determines that a violation of section 181.932 occurred,
74.20the court may order any appropriate relief, including but not limited to reinstatement,
74.21back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the
74.22expungement of any adverse records of an employee who was the subject of the alleged
74.23acts of misconduct.
74.24 Sec. 18. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
74.25 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
74.26during some part of the period of the sales representative agreement:
74.27 (1) is a resident of Minnesota or maintains that person's principal place of business
74.28in Minnesota; or
74.29 (2) whose geographical territory specified in the sales representative agreement
74.30includes part or all of Minnesota.
74.31 (b) To be effective, any demand for arbitration under subdivision 5 must be made
74.32in writing and delivered to the principal on or before one year after the effective date of
74.33the termination of the agreement.
75.1 (c) A provision in any contract between a sales representative dealing in plumbing
75.2equipment or supplies and a principal purporting to waive any provision of this act,
75.3whether by express waiver or by a provision stipulating that the contract is subject to the
75.4laws of another state, shall be void.
75.5 Sec. 19. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
75.6 Subdivision 1. Rules. Thestate commissioner of health Plumbing Board may, by
75.7rule, prescribe minimum standards which shall be uniform, and whichstandards shall
75.8thereafter be effective for all new plumbing installations, including additions, extensions,
75.9alterations, and replacements connected with any water or sewage disposal system owned
75.10or operated by or for any municipality, institution, factory, office building, hotel, apartment
75.11building, or any other place of business regardless of location or the population of the city
75.12or town in which the installation is to be located. Notwithstanding the provisions of
75.13Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications,
75.14the commissioner may allow plumbing construction, alteration, or extension to proceed
75.15without approval of the plans or specifications by the commissioner.
75.16 Except for powers granted to the Plumbing Board, the commissioner of labor and
75.17industry shall administer the provisions of sections326.37 to
326.45 and for such purposes
75.18may employ plumbing inspectors and other assistants.
75.19 Sec. 20. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
75.20to read:
75.21 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
75.22Mechanical devices and fittings with internal moving parts are prohibited from installation
75.23in plumbing venting systems.
75.24 (b) All urinals covered under the jurisdiction of the state Plumbing Code must have
75.25a water flush device with a volume of not more than one gallon per use.
75.26 Sec. 21. [326.372] PLUMBING BOARD.
75.27 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 13 members.
75.28Eleven members shall be appointed by the governor with the advice and consent of the
75.29senate and shall be voting members. Appointments of members by the governor shall be
75.30made in accordance with section 15.066. If the senate votes to refuse to consent to an
75.31appointment of a member made by the governor, the governor shall appoint a new member
75.32with the advice and consent of the senate. One member shall be the commissioner of labor
75.33and industry or the designee, who shall be a voting member. One member shall be the
76.1commissioner of health or the designee, who shall not be a voting member. Of the 11
76.2appointed members, the composition shall be as follows:
76.3 (1) two members shall be municipal plumbing inspectors, one from the metropolitan
76.4area and one from greater Minnesota;
76.5 (2) one member shall a be licensed professional engineer specializing in plumbing
76.6designs or systems;
76.7 (3) two members shall be commercial/industrial plumbing contractors, one from the
76.8metropolitan area and one from greater Minnesota;
76.9 (4) one member shall be a residential plumbing contractor;
76.10 (5) two members shall be commercial/industrial journeymen, one from the
76.11metropolitan area and one from greater Minnesota;
76.12 (6) one member shall be a residential plumbing journeyman;
76.13 (7) one member shall be a water conditioning contractor; and
76.14 (8) one member shall be a municipal public water supply system operator or
76.15superintendent.
76.16 One of the municipal plumbing inspectors shall be appointed for an initial term to
76.17end on December 31, 2010, and one municipal plumbing inspector shall be appointed for
76.18an initial term to end on December 31, 2011. The professional engineer shall be appointed
76.19for an initial term to end on December 31, 2011. One of the commercial/industrial
76.20plumbing contractors shall be appointed for an initial term to end on December 31, 2010,
76.21and one commercial/industrial plumbing contractor shall be appointed for an initial term
76.22to end on December 31, 2011. The residential plumbing contractor shall be appointed for
76.23an initial term to end on December 31, 2010. One of the commercial/industrial plumbing
76.24journeymen shall be appointed for an initial term to end on December 31, 2011, and one
76.25commercial/industrial plumbing journeyman shall be appointed for an initial term to end
76.26on December 31, 2010. The residential plumbing journeyman shall be appointed for an
76.27initial term to end on December 31, 2011. The water conditioning contractor shall be
76.28appointed for an initial term to end on December 31, 2010. The municipal public water
76.29supply system operator or superintendent shall be appointed for an initial term to end
76.30on December 31, 2011.
76.31 (b) The licensed professional engineer must possess a current Minnesota professional
76.32engineering license and maintain the license for the duration of the term served on the
76.33board. All other appointed members, except the water conditioning contractor and the
76.34municipal public water supply system operator or superintendent, must possess a current
76.35plumbing license issued by the Department of Labor and Industry and maintain that
76.36license for the duration of their terms. The water conditioning contractor must be licensed
77.1as a water conditioning contractor by the department and maintain the license for the
77.2duration of the term served on the board. All appointed members must be residents of
77.3Minnesota at the time of and throughout their terms. The term of any appointed member
77.4who does not maintain membership qualification status shall end on the date of status
77.5change and the governor shall appoint a replacement member. It is the responsibility of
77.6the member to notify the board of a change in the member's status.
77.7 (c) For appointed members, except the initial terms designated in paragraph (a), each
77.8term shall be three years with the terms ending on the first Monday in January. Members
77.9appointed by the governor shall be limited to three consecutive terms. The governor shall,
77.10all or in part, reappoint the current members or appoint replacement members with the
77.11advice and consent of the senate. Midterm vacancies shall be filled for the remaining
77.12portion of the term. Vacancies occurring with less than six months time remaining in the
77.13term shall be filled for the existing term and the following three-year term. Members may
77.14serve until successors are appointed but in no case later than July 1 in a year in which the
77.15term expires unless reappointed.
77.16 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
77.17power to:
77.18 (1) elect its chair, vice-chair, and secretary;
77.19 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
77.20board, and contain such other provisions as may be useful and necessary for the efficient
77.21conduct of the business of the board;
77.22 (3) adopt the Plumbing Code that must be followed in this state and any Plumbing
77.23Code amendments thereto. The board shall adopt the Plumbing Code and any amendments
77.24thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c),
77.25and (d);
77.26 (4) review requests for final interpretations and issue final interpretations as provided
77.27in section 16B.63, subdivision 5;
77.28 (5) except for rules regulating continuing education, adopt rules that regulate the
77.29licensure or registration of plumbing contractors, journeymen, apprentices, master
77.30plumbers, restricted master plumbers, and restricted journeymen and other persons
77.31engaged in the design, installation, and alteration of plumbing systems, except for those
77.32individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt
77.33these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
77.34 (6) advise the commissioner regarding educational requirements for plumbing
77.35inspectors;
78.1 (7) refer complaints or other communications, whether oral or written, that allege
78.2or imply a violation of a statute, rule, or order that the commissioner has the authority to
78.3enforce pertaining to code compliance, licensure, or an offering to perform or performance
78.4of unlicensed plumbing services to the commissioner under subdivision 8;
78.5 (8) approve per diem and expenses deemed necessary for its members as provided in
78.6subdivision 3;
78.7 (9) approve license reciprocity agreements;
78.8 (10) select from its members individuals to serve on any other state advisory council,
78.9board, or committee; and
78.10 (11) recommend the fees for licenses and certifications.
78.11 Except for the powers granted to the Plumbing Board, the commissioner of labor
78.12and industry shall administer and enforce the provisions of sections 326.37 to 326.45 and
78.13any rules promulgated pursuant thereto.
78.14 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
78.15 (c) The commissioner shall coordinate the board's rulemaking and recommendations
78.16with the recommendations and rulemaking conducted by the other boards. The
78.17commissioner shall provide staff support to the board. The support includes professional,
78.18legal, technical, and clerical staff necessary to perform rulemaking and other duties
78.19assigned to the board. The commissioner of labor and industry shall supply necessary
78.20office space and supplies to assist the board in its duties.
78.21 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
78.22of $55 a day spent on board activities, when authorized by the board, plus expenses in
78.23the same manner and amount as authorized by the commissioner's plan adopted under
78.24section 43A.18, subdivision 2. Members who, as a result of time spent attending board
78.25meetings, incur child care expenses that would not otherwise have been incurred, may be
78.26reimbursed for those expenses upon board authorization.
78.27 (b) Members who are state employees or employees of the political subdivisions
78.28of the state must not receive the daily payment for activities that occur during working
78.29hours for which they are compensated by the state or political subdivision. However, a
78.30state or political subdivision employee may receive the daily payment if the employee
78.31uses vacation time or compensatory time accumulated in accordance with a collective
78.32bargaining agreement or compensation plan for board activities. Members who are state
78.33employees or employees of the political subdivisions of the state may receive the expenses
78.34provided for in this subdivision unless the expenses are reimbursed by another source.
78.35Members who are state employees or employees of political subdivisions of the state
79.1may be reimbursed for child care expenses only for time spent on board activities that
79.2are outside their working hours.
79.3 (c) The board shall adopt internal standards prescribing what constitutes a day spent
79.4on board activities for purposes of making daily payments under this subdivision.
79.5 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
79.6removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
79.7missing three consecutive meetings. The chair of the board shall inform the governor of
79.8an appointed member missing three consecutive meetings. After the second consecutive
79.9missed meeting and before the next meeting, the secretary of the board shall notify the
79.10appointed member in writing that the member may be removed for missing the next
79.11meeting. In the case of a vacancy on the board, the governor shall, with the advice
79.12and consent of the senate, appoint a person to fill the vacancy for the remainder of the
79.13unexpired term.
79.14 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
79.15 Subd. 5. Membership vacancies within three months of appointment.
79.16 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
79.17three months after being filled through the appointment process, the governor may,
79.18upon notification to the Office of the Secretary of State, choose a new member from the
79.19applications on hand and need not repeat the process.
79.20 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
79.21members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
79.22majority of members of the board qualified to vote on the matter in question. All questions
79.23concerning the manner in which a meeting is conducted or called that are not covered
79.24by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
79.25specified by the bylaws.
79.26 (b) Except as provided in paragraph (c), each Plumbing Code amendment considered
79.27by the board that receives an affirmative two-thirds or more majority vote of all of the
79.28voting members of the board shall be included in the next Plumbing Code rulemaking
79.29proceeding initiated by the board. If a Plumbing Code amendment considered, or
79.30reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
79.31members of the board, the Plumbing Code amendment shall not be included in the next
79.32Plumbing Code rulemaking proceeding initiated by the board.
79.33 (c) If the Plumbing Code amendment considered by the board is to replace the
79.34Minnesota Plumbing Code with a model Plumbing Code, then the amendment may only
79.35be included in the next Plumbing Code rulemaking proceeding if it receives an affirmative
79.36two-thirds or more majority vote of all of the voting members of the board.
80.1 (d) The board may reconsider Plumbing Code amendments during an active
80.2Plumbing Code rulemaking proceeding in which the amendment previously failed to
80.3receive a two-thirds majority vote or more of all of the voting members of the board only if
80.4new or updated information that affects the Plumbing Code amendment is presented to the
80.5board. The board may also reconsider failed Plumbing Code amendments in subsequent
80.6Plumbing Code rulemaking proceedings.
80.7 (e) Except as provided in paragraph (f), each proposed rule and rule amendment
80.8considered by the board pursuant to the rulemaking authority specified in subdivision 2,
80.9paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the
80.10voting members of the board shall be included in the next rulemaking proceeding initiated
80.11by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
80.12board receives less than an affirmative majority vote of all of the voting members of the
80.13board, the proposed rule or rule amendment shall not be included in the next rulemaking
80.14proceeding initiated by the board.
80.15 (f) The board may reconsider a proposed rule or rule amendment during an
80.16active rulemaking proceeding in which the amendment previously failed to receive an
80.17affirmative majority vote of all of the voting members of the board only if new or updated
80.18information that affects the proposed rule or rule amendment is presented to the board.
80.19The board may also reconsider a failed proposed rule or rule amendment in subsequent
80.20rulemaking proceedings.
80.21 Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the
80.22board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
80.23and in such a manner as the bylaws may provide.
80.24 (b) If compliance with section 13D.02 is impractical, the board may conduct a
80.25meeting of its members by telephone or other electronic means so long as the following
80.26conditions are met:
80.27 (1) all members of the board participating in the meeting, wherever their physical
80.28location, can hear one another and can hear all discussion and testimony;
80.29 (2) members of the public present at the regular meeting location of the board can
80.30hear clearly all discussion and testimony and all votes of members of the board and, if
80.31needed, receive those services required by sections 15.44 and 15.441;
80.32 (3) at least one member of the board is physically present at the regular meeting
80.33location; and
80.34 (4) all votes are conducted by roll call, so each member's vote on each issue can be
80.35identified and recorded.
81.1 Each member of the board participating in a meeting by telephone or other electronic
81.2means is considered present at the meeting for purposes of determining a quorum and
81.3participating in all proceedings.
81.4 If telephone or other electronic means is used to conduct a regular, special, or
81.5emergency meeting, the board, to the extent practical, shall allow a person to monitor
81.6the meeting electronically from a remote location. The board may require the person
81.7making such a connection to pay for documented costs that the board incurs as a result of
81.8the additional connection.
81.9 If telephone or other electronic means is used to conduct a regular, special, or
81.10emergency meeting, the board shall provide notice of the regular meeting location, of the
81.11fact that some members may participate by telephone or other electronic means, and that a
81.12person may monitor the meeting electronically from a remote location. The timing and
81.13method of providing notice is governed by section 13D.04.
81.14 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
81.15the substance of any complaint or communication it receives, whether written or oral,
81.16that alleges or implies a violation of a statute, rule, or order that the commissioner has
81.17the authority to enforce pertaining to the license or registration of any person authorized
81.18by the department to provide plumbing services, the performance or offering to perform
81.19plumbing services requiring licensure by an unlicensed person, or Plumbing Code
81.20compliance. Each complaint or communication that is forwarded to the commissioner
81.21shall be submitted on a form provided by the commissioner.
81.22 (b) The commissioner shall advise the board of the status of a complaint within 90
81.23days after the board's written submission is received, or within 90 days after the board
81.24is provided with a written request for additional information or documentation from the
81.25commissioner or the commissioner's designee, whichever is later. The commissioner shall
81.26advise the board of the disposition of a complaint referred by the board within 180 days
81.27after the board's written submission is received. The commissioner shall annually report to
81.28the board a summary of the actions taken in response to complaints referred by the board.
81.29 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
81.30Government Data Practices Act, and shall protect from unlawful disclosure data classified
81.31as not public.
81.32 Subd. 10. Official records. The board shall make and preserve all records necessary
81.33to a full and accurate knowledge of its official activities in accordance with section 15.17.
81.34 Sec. 22. Minnesota Statutes 2006, section 326.38, is amended to read:
81.35326.38 LOCAL REGULATIONS.
82.1 Any city having a system of waterworks or sewerage, or any town in which reside
82.2over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
82.3airports commission, may, by ordinance, adopt local regulations providing for plumbing
82.4permits, bonds, approval of plans, and inspections of plumbing, which regulations are
82.5not in conflict with the plumbing standards on the same subject prescribed by the state
82.6commissioner of health Plumbing Board. No city or such town shall prohibit plumbers
82.7licensed by the state commissioner ofhealth labor and industry from engaging in or
82.8working at the business, except cities and statutory cities which, prior to April 21, 1933,
82.9by ordinance required the licensing of plumbers. No city or town may require a license
82.10for persons performing building sewer or water service installation who have completed
82.11pipe laying training as prescribed by the commissioner of labor and industry. Any city
82.12by ordinance may prescribe regulations, reasonable standards, and inspections and grant
82.13permits to any person, firm, or corporation engaged in the business of installing water
82.14softeners, who is not licensed as a master plumber or journeyman plumber by the state
82.15commissioner ofhealth labor and industry, to connect water softening and water filtering
82.16equipment to private residence water distribution systems, where provision has been
82.17previously made therefor and openings left for that purpose or by use of cold water
82.18connections to a domestic water heater; where it is not necessary to rearrange, make any
82.19extension or alteration of, or addition to any pipe, fixture or plumbing connected with
82.20the water system except to connect the water softener, and provided the connections so
82.21made comply with minimum standards prescribed by the statecommissioner of health
82.22Plumbing Board.
82.23 Sec. 23. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
82.24 Subdivision 1. License required; master and journeyman plumbers. In any city
82.25now or hereafter having 5,000 or more population, according to the last federal census,
82.26and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
82.27engage in or work at the business of a master plumberor, restricted master plumber,
82.28journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
82.29state commissioner ofhealth labor and industry. A license is not required for persons
82.30performing building sewer or water service installation who have completed pipe laying
82.31training as prescribed by the commissioner of labor and industry. A master plumber may
82.32also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
82.33master plumber. A journeyman plumber may also work as a restricted journeyman
82.34plumber. Anyone not so licensed may do plumbing work which complies with the
82.35provisions of the minimumstandard standards prescribed by the state commissioner of
83.1health Plumbing Board on premises or that part of premises owned and actually occupied
83.2by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
83.3In any such city (b) No person, firm, or corporation shall engage in the business of
83.4installing plumbing nor install plumbing in connection with the dealing in and selling
83.5of plumbing material and supplies unless at all times a licensed master plumber, or in
83.6cities and towns with a population of fewer than 5,000 according to the federal census a
83.7restricted master plumber, who shall be responsible for proper installation, is in charge
83.8of the plumbing work of the person, firm, or corporation.
83.9 TheDepartment of Health Plumbing Board shall prescribe rules, not inconsistent
83.10herewith, for the examination and licensing of plumbers.
83.11 Sec. 24. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
83.12 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
83.13of practical plumbing experience is eligible to take the journeyman plumbing examination.
83.14Up to 24 months of practical plumbing experience prior to registration as an apprentice
83.15may be applied to the four-year experience requirement. However, none of this practical
83.16plumbing experience may be applied if the person did not have any practical plumbing
83.17experience in the 12-month period immediately prior to registration. Thecommissioner
83.18Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
83.19experience is applicable in preparing for the journeyman's examination. If two years
83.20after completing the training the person has not taken the examination, the four years
83.21of experience shall be forfeited.
83.22 The commissioner may allow an extension of the two-year period for taking the
83.23exam for cases of hardship or other appropriate circumstances.
83.24 Sec. 25. [326.402] RESTRICTED PLUMBER LICENSE.
83.25 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
83.26restricted journeyman or restricted master plumber license to an individual if:
83.27 (1) the individual completes an application with information required by the
83.28commissioner of labor and industry;
83.29 (2) the completed application is accompanied by a fee of $30;
83.30 (3) the commissioner of labor and industry receives the completed application and
83.31fee before January 1, 2008;
83.32 (4) the completed application demonstrates that the applicant has had at least two
83.33years for a restricted journeyman plumber license or four years for a restricted master
84.1plumber license of practical plumbing experience in the plumbing trade prior to the
84.2application; and
84.3 (5) during the entire time for which the applicant is claiming experience in
84.4contracting for plumbing work under clause (4), the applicant was in compliance with all
84.5applicable requirements of section 326.40.
84.6 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
84.7plumber may engage in the plumbing trade in all areas of the state except in cities and
84.8towns with a population of more than 5,000 according to the federal census.
84.9 Subd. 3. Application period. Applications for restricted master plumber and
84.10restricted journeyman plumber licenses must be submitted to the commissioner prior
84.11to January 1, 2008.
84.12 Subd. 4. Renewal; use period for license. A restricted master plumber and
84.13restricted journeyman plumber license must be renewed annually for as long as that
84.14licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
84.15restricted journeyman plumber license within 12 months after the expiration date will
84.16result in permanent forfeiture of the restricted master plumber and restricted journeyman
84.17plumber license.
84.18 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
84.19journeyman plumber license may not be transferred or sold to any other person.
84.20 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
84.21bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
84.22provided by section 326.40, subdivision 3, applies.
84.23 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
84.24journeyman plumber licenses is the same fee as for a master or journeyman plumber
84.25license, respectively.
84.26 Sec. 26. Minnesota Statutes 2006, section 326.405, is amended to read:
84.27326.405 RECIPROCITY WITH OTHER STATES.
84.28The commissioner of health may license without examination, upon payment of the
84.29required fee, nonresident applicants who are licensed under the laws of a state having
84.30standards for licensing plumbers which the commissioner determines are substantially
84.31equivalent to the standards of this state if the other state grants similar privileges to
84.32Minnesota residents duly licensed in this state. The commissioner may enter into
84.33reciprocity agreements for personal licenses with another state if approved by the board.
84.34Once approved by the board, the commissioner may issue a plumber's license without
84.35requiring the applicant to pass an examination provided the applicant:
85.1 (a) submits an application under section 326.42;
85.2 (b) pays the fee required under section 326.42; and
85.3 (c) holds a valid comparable license in the state participating in the agreement.
85.4 Agreements are subject to the following:
85.5 (1) The parties to the agreement must administer a statewide licensing program that
85.6includes examination and qualifying experience or training comparable to Minnesota's.
85.7 (2) The experience and training requirements under which an individual applicant
85.8qualified for examination in the qualifying state must be deemed equal to or greater than
85.9required for an applicant making application in Minnesota at the time the applicant
85.10acquired the license in the qualifying state.
85.11 (3) The applicant must have acquired the license in the qualifying state through an
85.12examination deemed equivalent to the same class of license examination in Minnesota.
85.13A lesser class of license may be granted where the applicant has acquired a greater
85.14class of license in the qualifying state and the applicant otherwise meets the conditions
85.15of this subdivision.
85.16 (4) At the time of application, the applicant must hold a valid license in the
85.17qualifying state and have held the license continuously for at least one year before making
85.18application in Minnesota.
85.19 (5) An applicant is not eligible for a license under this subdivision if the applicant
85.20has failed the same or greater class of license examination in Minnesota, or if the
85.21applicant's license of the same or greater class has been revoked or suspended.
85.22 (6) An applicant who has failed to renew a plumber's license for two years or more
85.23after its expiration is not eligible for a license under this subdivision.
85.24 Sec. 27. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
85.25 Subdivision 1. Application. Applications for plumber's license shall be made to the
85.26state commissioner ofhealth labor and industry, with fee. Unless the applicant is entitled
85.27to a renewal, the applicant shall be licensed by the state commissioner ofhealth labor and
85.28industry only after passing a satisfactory examination developed and administered by the
85.29examiners commissioner of labor and industry, based upon rules adopted by the Plumbing
85.30Board showing fitness. Examination fees for both journeyman and master plumbers
85.31shall be in an amount prescribed by the state commissioner ofhealth labor and industry
85.32pursuant to section144.122 . Upon being notified that of having successfully passed
85.33the examination for original license the applicant shall submit an application, with the
85.34license fee herein provided. License fees shall be in an amount prescribed by the state
86.1commissioner ofhealth labor and industry pursuant to section
144.122 . Licenses shall
86.2expire and be renewed as prescribed by the commissioner pursuant to section144.122 .
86.3 Sec. 28. [326B.04] DEPOSIT OF MONEY.
86.4 Subdivision 1. Construction code fund. There is created in the state treasury
86.5a construction code fund as a special revenue fund for the purpose of administering this
86.6chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
86.7sections, except penalties, is credited to the construction code fund unless otherwise
86.8specifically designated by law. Any interest or profit accruing from investment of these
86.9sums is credited to the construction code fund. All money collected in the construction
86.10code fund is appropriated to the commissioner of labor and industry to administer and
86.11enforce the provisions of the laws identified in this section.
86.12 Unless otherwise provided by law, all penalties assessed under this chapter, section
86.13327.35, and chapter 327B are credited to the assigned risk safety account established
86.14by section 79.253.
86.15 Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
86.16government special revenue fund and special revenue fund accounts maintained for
86.17the Building Codes and Standards Division, Board of Electricity, and plumbing and
86.18engineering unit are transferred to the construction code fund. Unless otherwise
86.19specifically designated by law: (1) all money collected under chapter 183 and sections
86.2016B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to
86.21326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to
86.22327B.12, except penalties, is credited to the construction code fund; (2) all fees collected
86.23under section 45.23 in connection with continuing education for residential contractors,
86.24residential remodelers, and residential roofers are credited to the construction code fund;
86.25and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all
86.26penalties assessed under sections 144.99 to 144.993 in connection with any violation of
86.27sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections
86.28are credited to the assigned risk safety account established by section 79.253.
86.29 Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
86.30 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
86.31have the meanings given them.
86.32 (b) "Gross annual receipts" means the total amount derived from residential
86.33contracting or residential remodeling activities, regardless of where the activities are
87.1performed, and must not be reduced by costs of goods sold, expenses, losses, or any
87.2other amount.
87.3 (c) "Licensee" means a person licensed as a residential contractor or residential
87.4remodeler.
87.5 (d) "Residential real estate" means a new or existing building constructed for
87.6habitation by one to four families, and includes detached garages.
87.7 (e) "Fund" means the contractor recovery fund.
87.8 Subd. 2. Generally. The contractor recovery fund is created in the state treasury
87.9and shall be administered by the commissioner for the purposes described in this section.
87.10Any interest or profit accruing from investment of money in the fund shall be credited
87.11to the contractor recovery fund.
87.12 Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
87.13renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
87.14shall pay, in addition to the appropriate application or renewal fee, the following additional
87.15fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
87.16gross annual receipts for the person's most recent fiscal year preceding the application or
87.17renewal, on the following scale:
87.22 Subd. 4. Purpose of fund. The purpose of this fund is to:
87.23 (1) compensate owners or lessees of residential real estate who meet the requirements
87.24of this section;
87.25 (2) reimburse the department for all legal and administrative expenses,
87.26disbursements, and costs, including staffing costs, incurred in administering and defending
87.27the fund;
87.28 (3) pay for educational or research projects in the field of residential contracting to
87.29further the purposes of sections 326B.801 to 326B.825; and
87.30 (4) provide information to the public on residential contracting issues.
87.31 Subd. 5. Payment limitations. Except as otherwise provided in this section,
87.32the commissioner shall not pay compensation from the fund to an owner or a lessee
87.33in an amount greater than $75,000. Except as otherwise provided in this section, the
87.34commissioner shall not pay compensation from the fund to owners and lessees in an
87.35amount that totals more than $150,000 per licensee. The commissioner shall not pay
88.1compensation from the fund for a final judgment based on a cause of action that arose
88.2before the commissioner's receipt of the licensee's fee required by subdivision 3.
88.3 Subd. 6. Verified application. To be eligible for compensation from the fund, an
88.4owner or lessee shall serve on the commissioner a verified application for compensation
88.5on a form approved by the commissioner. The application shall verify the following
88.6information:
88.7 (1) the specific grounds upon which the owner or lessee seeks to recover from
88.8the fund:
88.9 (2) that the owner or the lessee has obtained a final judgment in a court of competent
88.10jurisdiction against a licensee licensed under section 326B.803;
88.11 (3) that the final judgment was obtained against the licensee on the grounds of
88.12fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
88.13that arose directly out of a transaction that occurred when the licensee was licensed and
88.14performing any of the special skills enumerated under section 326B.802, subdivision 19;
88.15 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
88.16the owner's residential real estate, on residential real estate leased by the lessee, or on new
88.17residential real estate that has never been occupied or that was occupied by the licensee
88.18for less than one year prior to purchase by the owner;
88.19 (5) that the residential real estate is located in Minnesota;
88.20 (6) that the owner or the lessee is not the spouse of the licensee or the personal
88.21representative of the licensee;
88.22 (7) the amount of the final judgment, any amount paid in satisfaction of the final
88.23judgment, and the amount owing on the final judgment as of the date of the verified
88.24application; and
88.25 (8) that the verified application is being served within two years after the judgment
88.26became final.
88.27 The owner's and the lessee's actual and direct out-of-pocket loss shall not include
88.28attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
88.29the loss. An owner or lessee may serve a verified application regardless of whether the
88.30final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
88.31final if all proceedings on the judgment have either been pursued and concluded or been
88.32forgone, including all reviews and appeals. For purposes of this section, owners who are
88.33joint tenants or tenants in common are deemed to be a single owner. For purposes of this
88.34section, owners and lessees eligible for payment of compensation from the fund shall not
88.35include government agencies, political subdivisions, financial institutions, and any other
88.36entity that purchases, guarantees, or insures a loan secured by real estate.
89.1 Subd. 7. Commissioner review. The commissioner shall within 120 days after
89.2receipt of the verified application:
89.3 (1) enter into an agreement with an owner or a lessee that resolves the verified
89.4application for compensation from the fund; or
89.5 (2) issue an order to the owner or the lessee accepting, modifying, or denying the
89.6verified application for compensation from the fund.
89.7 Upon receipt of an order issued under clause (2), the owner or the lessee shall have
89.830 days to serve upon the commissioner a written request for a hearing. If the owner or
89.9the lessee does not serve upon the commissioner a timely written request for hearing, the
89.10order issued under clause (2) shall become a final order of the commissioner that may not
89.11be reviewed by any court or agency. The commissioner shall order compensation from
89.12the fund only if the owner or the lessee has filed a verified application that complies with
89.13subdivision 6 and if the commissioner determines based on review of the application that
89.14compensation should be paid from the fund. The commissioner shall not be bound by any
89.15prior settlement, compromise, or stipulation between the owner or the lessee and the
89.16licensee.
89.17 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
89.18for hearing under subdivision 7, the commissioner shall request that an administrative law
89.19judge be assigned and that a hearing be conducted under the contested case provisions
89.20of chapter 14 within 30 days after the service of the request for hearing upon the
89.21commissioner. Upon petition of the commissioner, the administrative law judge shall
89.22continue the hearing up to 60 days and upon a showing of good cause may continue the
89.23hearing for such additional period as the administrative law judge deems appropriate.
89.24At the hearing the owner or the lessee shall have the burden of proving by substantial
89.25evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
89.26findings of fact, conclusions of law, and order. If the administrative law judge finds that
89.27compensation should be paid to the owner or the lessee, the administrative law judge
89.28shall order the commissioner to make payment from the fund of the amount it finds to be
89.29payable pursuant to the provisions of and in accordance with the limitations contained in
89.30this section. The order of the administrative law judge shall constitute the final decision of
89.31the agency in the contested case. Judicial review of the administrative law judge's findings
89.32of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
89.33 Subd. 9. Satisfaction of applications for compensation. The commissioner shall
89.34pay compensation from the fund to an owner or a lessee pursuant to the terms of an
89.35agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
89.36order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
90.1of the fiscal year following the fiscal year during which the agreement was entered into or
90.2during which the order became final, subject to the limitations of this section. At the end
90.3of each fiscal year the commissioner shall calculate the amount of compensation to be
90.4paid from the fund pursuant to agreements that have been entered into under subdivision
90.57, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
90.6subdivision 8. If the calculated amount exceeds the amount available for payment, then
90.7the commissioner shall allocate the amount available among the owners and the lessees
90.8in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
90.9bears to the amount calculated. The commissioner shall mail notice of the allocation to
90.10all owners and lessees not less than 45 days following the end of the fiscal year. Any
90.11compensation paid by the commissioner in accordance with this subdivision shall be
90.12deemed to satisfy and extinguish any right to compensation from the fund based upon the
90.13verified application of the owner or lessee.
90.14 Subd. 10. Right of subrogation. If the commissioner pays compensation from the
90.15fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
90.16final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
90.17shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
90.18judgment in the amount of compensation paid from the fund and the owner or the lessee
90.19shall assign to the commissioner all rights, title, and interest in the final judgment in
90.20the amount of compensation paid. The commissioner shall deposit in the fund money
90.21recovered under this subdivision.
90.22 Subd. 11. Effect of section on commissioner's authority. Nothing contained
90.23in this section shall limit the authority of the commissioner to take disciplinary action
90.24against a licensee under the provisions of this chapter. A licensee's repayment in full of
90.25obligations to the fund shall not nullify or modify the effect of any other disciplinary
90.26proceeding brought under the provisions of this chapter.
90.27 Subd. 12. Limitation. Nothing may obligate the fund to compensate:
90.28 (1) insurers or sureties under subrogation or similar theories; or
90.29 (2) owner of residential property for final judgments against a prior owner of the
90.30residential property unless the claim is brought and judgment is rendered for breach of the
90.31statutory warranty set forth in chapter 327A.
90.32 Subd. 13. Condominiums or townhouses. For purposes of this section, the owner
90.33or the lessee of a condominium or townhouse is considered an owner or a lessee of
90.34residential property regardless of the number of residential units per building.
90.35 Subd. 14. Accelerated compensation. (a) Payments made from the fund to
90.36compensate owners and lessees that do not exceed the jurisdiction limits for conciliation
91.1court matters as specified in section 491A.01 may be paid on an accelerated basis if all of
91.2the requirements in paragraphs (b) and (c) have been satisfied.
91.3 (b) The owner or the lessee has served upon the commissioner a verified application
91.4for compensation that complies with the requirements set out in subdivision 6 and the
91.5commissioner determines based on review of the application that compensation should be
91.6paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
91.7loss in the transaction, minus attorney fees, interest on the loss and on the judgment
91.8obtained as a result of the loss, and any satisfaction of the judgment, and make payment
91.9to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
91.10after the owner or lessee serves the verified application.
91.11 (c) The commissioner may pay compensation to owners or lessees that totals not
91.12more than $50,000 per licensee per fiscal year under this accelerated process. The
91.13commissioner may prorate the amount of compensation paid to owners or lessees under
91.14this subdivision if applications submitted by owners and lessees seek compensation in
91.15excess of $50,000 against a licensee. Any unpaid portion of a verified application that
91.16has been prorated under this subdivision shall be satisfied in the manner set forth in
91.17subdivision 9.
91.18 Subd. 15. Appropriation. Money in the fund is appropriated to the commissioner
91.19for the purposes of this section.
91.20 Subd. 16. Additional assessment. If the balance in the fund is at any time less than
91.21the commissioner determines is necessary to carry out the purposes of this section, every
91.22licensee, when renewing a license, shall pay, in addition to the annual renewal fee and
91.23the fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner
91.24shall set the amount of assessment based on a reasonable determination of the amount
91.25that is necessary to restore a balance in the fund that is adequate to carry out the purposes
91.26of this section.
91.27EFFECTIVE DATE.This section is effective December 1, 2007, except that
91.28subdivisions 1, 3, and 15 are effective July 1, 2007.
91.29 Sec. 30. Minnesota Statutes 2006, section 341.21, is amended by adding a subdivision
91.30to read:
91.31 Subd. 8. Mixed martial arts. "Mixed martial arts" means any combination of
91.32boxing, kick boxing, wrestling, grappling, or other recognized martial arts.
92.1 Sec. 31. Minnesota Statutes 2006, section 341.22, is amended to read:
92.2341.22 BOXING COMMISSION.
92.3 There is hereby created the Minnesota Boxing Commission consisting offive nine
92.4members who are citizens of this state. The members must be appointed by the governor.
92.5One member of the commission must be a retired judge of the Minnesota district court,
92.6Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court
92.7for the District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three
92.8members must have knowledge of the boxing industry. At least four members must have
92.9knowledge of the mixed martial arts industry. The governor shall make serious efforts to
92.10appoint qualified women to serve on the commission. Membership terms, compensation
92.11of members, removal of members, the filling of membership vacancies, and fiscal year and
92.12reporting requirements must be as provided in sections214.07 to
214.09 . The provision of
92.13staff, administrative services, and office space; the review and processing of complaints;
92.14the setting of fees; and other provisions relating to commission operations must be as
92.15provided in chapter 214. The purpose of the commission is to protect health, promote
92.16safety, and ensure fair events.
92.17 Sec. 32. Minnesota Statutes 2006, section 341.25, is amended to read:
92.18341.25 RULES.
92.19 (a) The commission may adopt rules that include standards for the physical
92.20examination and condition of boxers and referees.
92.21 (b) The commission may adopt other rules necessary to carry out the purposes of
92.22this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and
92.23fights, and their manner, supervision, time, and place.
92.24 (c) The commission must adopt unified rules for mixed martial arts.
92.25 Sec. 33. Minnesota Statutes 2006, section 341.27, is amended to read:
92.26341.27 COMMISSION DUTIES.
92.27 The commission shall:
92.28 (1) issue, deny, renew, suspend, or revoke licenses;
92.29 (2) make and maintain records of its acts and proceedings including the issuance,
92.30denial, renewal, suspension, or revocation of licenses;
92.31 (3) keep public records of the commission open to inspection at all reasonable times;
92.32 (4) assist the director in the development of rules to be implemented under this
92.33chapter;and
93.1 (5) conform to the rules adopted under this chapter; and
93.2 (6) develop policies and procedures for regulating mixed martial arts.
93.3 Sec. 34. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
93.4 Subd. 2. Regulatory authority; tough person contests. All tough person contests,
93.5including amateur tough person contests, are subject to this chapter. All tough person
93.6contests are subject to American Boxing Commission (ABC) rules. Every contestant
93.7in a tough person contest shall have a physical examination prior to their bouts. Every
93.8contestant in a tough person contest shall wear padded gloves that weigh at least 12
93.9ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
93.10total rounds. Officials at tough person bouts shall be licensed under this chapter.
93.11 Sec. 35. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
93.12to read:
93.13 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
93.14ultimate fight contests, and similar sporting events are subject to this chapter.
93.15 Sec. 36. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
93.16 Subd. 2. Expiration and renewal. A licenseexpires December 31 at midnight in
93.17the year of its issuance issued after the effective date of this act is valid for one year from
93.18the date it is issued and may be renewed by filing an application for renewal with the
93.19commission and payment of the license fee. An application for a license and renewal of a
93.20license must be on a form provided by the commission. There is a 30-day grace period
93.21during which a license may be renewed if a late filing penalty fee equal to the license fee
93.22is submitted with the regular license fee. A licensee that files late shall not conduct any
93.23activity regulated by this chapter until the commission has renewed the license. If the
93.24licensee fails to apply to the commission within the 30-day grace period, the licensee must
93.25apply for a new license under subdivision 1.
93.26 Sec. 37. Minnesota Statutes 2006, section 341.321, is amended to read:
93.27341.321 FEE SCHEDULE.
93.28 (a) The fee schedule for licenses issued by the Minnesota Boxing Commission
93.29is as follows:
93.30 (1) referees,$35 $45 for each initial license and each renewal;
93.31 (2) promoters, $400 for each initial license and each renewal;
93.32 (3) judges and knockdown judges,$25 $45 for each initial license and each renewal;
94.1 (4) trainers,$35 $45 for each initial license and each renewal;
94.2 (5) ring announcers,$25 $45 for each initial license and each renewal;
94.3 (6) boxers' seconds,$25 $45 for each initial license and each renewal;
94.4 (7) timekeepers,$25 $45 for each initial license and each renewal; and
94.5 (8) boxers,$35 $45 for each initial license and each renewal.;
94.6 (9) managers, $45 for each initial license and each renewal; and
94.7 (10) ringside physicians, $45 for each initial license and each renewal.
94.8 (b) The commission shall establish and assess an event fee for each sporting event.
94.9The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
94.10determined by the commission when the sporting event is scheduled.
94.11 (c) All fees collected by the Minnesota Boxing Commission must be deposited in
94.12the Boxing Commission account in the special revenue fund.
94.13 Sec. 38. Minnesota Statutes 2006, section 471.471, subdivision 4, is amended to read:
94.14 Subd. 4. Application process. A person seeking a waiver shall apply to the
94.15Building Code and Standards Division of the Department of Administration Labor and
94.16Industry on a form prescribed by the board and pay a $70 fee to the construction code
94.17fund. The division shall review the application to determine whether it appears to be
94.18meritorious, using the standards set out in subdivision 3. The division shall forward
94.19applications it considers meritorious to the board, along with a list and summary of
94.20applications considered not to be meritorious. The board may require the division to
94.21forward to it an application the division has considered not to be meritorious. The board
94.22shall issue a decision on an application within 90 days of its receipt. A board decision
94.23to approve an application must be unanimous. An application that contains false or
94.24misleading information must be rejected.
94.25 Sec. 39. WHISTLE-BLOWER PROTECTION ADMINISTRATIVE
94.26PROCEDURES.
94.27 By January 15, 2008, the commissioner of labor and industry shall report to the
94.28legislature its recommendations for implementing an administrative review procedure to
94.29address whistle-blower protection complaints under section 181.932.
94.30 Sec. 40. TRANSFER OF AUTHORITY; PLUMBING BOARD.
94.31 The commissioner of administration may not use the authority under Minnesota
94.32Statutes, section 16B.37, to modify the transfers of authority in this act.
95.1 Sec. 41. FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.
95.2 The governor must complete the appointments required by Minnesota Statutes,
95.3section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall
95.4convene the first meeting of the Plumbing Board no later than September 1, 2007.
95.5 Sec. 42. REPEALER.
95.6Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
95.7repealed.
95.8EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
95.9effective January 1, 2009.
95.12 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
95.13326.46SUPERVISION OF DEPARTMENT TO SUPERVISE HIGH
95.14PRESSURE PIPING.
95.15 The departmentof Labor and Industry shall supervise all high pressure piping used
95.16on all projects in this state, and may prescribe minimum standards which shall be uniform.
95.17 The department shall employ inspectors and other assistants to carry out the
95.18provisions of sections326.46 to
326.52 .
95.19 Sec. 2. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
95.20 Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
95.21provide for the inspection of high pressure piping system materials and construction, and
95.22provide that it shall not be constructed or installed except in accordance with minimum
95.23state standards. The authority designated by the ordinance for issuing high pressure piping
95.24permits and assuring compliance with state standards must report to the Department of
95.25Labor and Industry all violations of state high pressure piping standards.
95.26 A municipality may not adopt an ordinance with high pressure piping standards that
95.27does not conform to the uniform standards prescribed by theDepartment of Labor and
95.28Industry board. The Department of Labor and Industry board shall specify by rule the
95.29minimum qualifications for municipal inspectors.
95.30 Sec. 3. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
96.1 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
96.2consist of 12 members. Eleven members shall be appointed by the governor with the
96.3advice and consent of the senate and shall be voting members. Appointments of members
96.4by the governor shall be made in accordance with section 15.066. If the senate votes to
96.5refuse to consent to an appointment of a member made by the governor, the governor shall
96.6appoint a new member with the advice and consent of the senate. One member shall be
96.7the commissioner of labor and industry or the commissioner's designee, who shall be a
96.8voting member. Of the 11 appointed members, the composition shall be as follows:
96.9 (1) one member shall be a high pressure piping inspector;
96.10 (2) one member shall be a licensed professional mechanical engineer;
96.11 (3) one member shall be a representative of the high pressure piping industry;
96.12 (4) four members shall be high pressure piping contractors engaged in the scope of
96.13high pressure piping, two from the metropolitan area and two from greater Minnesota;
96.14 (5) two members shall be high pressure piping journeymen engaged in the scope
96.15of high pressure piping systems installation, one from the metropolitan area and one
96.16from greater Minnesota; and
96.17 (6) two members shall be representatives of industrial companies which use high
96.18pressure piping systems in their industrial processes.
96.19 (b) The high pressure piping inspector shall be appointed for a term to end December
96.2031, 2011. The professional mechanical engineer shall be appointed for a term to end
96.21December 31, 2010. The representative of the high pressure piping industry shall be
96.22appointed for a term to end December 31, 2011. Two of the high pressure piping
96.23contractors shall be appointed for a term to end December 31, 2011, and two high pressure
96.24piping contractors shall be appointed for a term to end December 31, 2010. One of the
96.25high pressure piping journeymen shall be appointed for a term to end December 31, 2011,
96.26and one high pressure piping journeyman shall be appointed for a term to end December
96.2731, 2010. The two representatives of industrial companies that use high pressure piping
96.28systems in their industrial process shall be appointed for a term to end December 31, 2010.
96.29 (c) The licensed professional mechanical engineer must possess a current Minnesota
96.30professional engineering license and maintain the license for the duration of the term
96.31served on the board. All other appointed members, except for the representative of the
96.32piping industry and the representatives of industrial companies that use high pressure
96.33piping systems in their industrial processes must possess a current high pressure piping
96.34license issued by the Department of Labor and Industry and maintain that license for the
96.35duration of their terms. All appointed members must be residents of Minnesota at the time
96.36of and throughout their terms. The term of any appointed member who does not maintain
97.1membership qualification status shall end on the date of status change and the governor
97.2shall appoint a replacement member. It is the responsibility of the member to notify the
97.3board of a change in the member's status.
97.4 (d) For appointed members, except for the initial terms designated in paragraph (a),
97.5each term shall be three years with the terms ending on the first Monday in January.
97.6Members appointed by the governor shall be limited to three consecutive terms. The
97.7governor shall, all or in part, reappoint the current members or appoint replacement
97.8members with the advice and consent of the senate. Midterm vacancies shall be filled for
97.9the remaining portion of the term. Vacancies occurring with less than six months time
97.10remaining in the term shall be filled for the existing term and the following three-year
97.11term. Members may serve until their successors are appointed but in no case later than
97.12July 1 in a year in which the term expires unless reappointed.
97.13 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
97.14power to:
97.15 (1) elect its chair, vice-chair, and secretary;
97.16 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
97.17board, and contain such other provisions as may be useful and necessary for the efficient
97.18conduct of the business of the board;
97.19 (3) adopt the High Pressure Piping Code that must be followed in this state and any
97.20High Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in
97.21subdivision 6, paragraphs (b), (c), and (d);
97.22 (4) review requests for final interpretations and issue final interpretations as provided
97.23in section 16B.63, subdivision 5;
97.24 (5) adopt rules that regulate the licensure or registration of high pressure piping
97.25contractors, journeymen, and other persons engaged in the design, installation, and
97.26alteration of high pressure piping systems, except for those individuals licensed under
97.27section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter
97.2814 and as provided in subdivision 6, paragraph (e);
97.29 (6) adopt rules that regulate continuing education for individuals licensed or
97.30registered as high pressure piping contractors, journeymen, or other persons engaged in
97.31the design, installation, and alteration of high pressure piping systems. The board shall
97.32adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraph (e);
97.33 (7) advise the commissioner regarding educational requirements for high pressure
97.34piping inspectors;
97.35 (8) refer complaints or other communications, whether orally or in writing, that
97.36allege or imply a violation of a statute, rule, or order that the commissioner has the
98.1authority to enforce pertaining to code compliance, licensure, or an offering to perform
98.2or performance of unlicensed high pressure piping services to the commissioner under
98.3subdivision 8;
98.4 (9) approve per diem and expenses deemed necessary for its members as provided in
98.5subdivision 3;
98.6 (10) select from its members individuals to serve on any other state advisory council,
98.7board, or committee; and
98.8 (11) recommend the fees for licenses and certifications.
98.9 Except for the powers granted to the Board of High Pressure Piping Systems, the
98.10commissioner of labor and industry shall administer and enforce the provisions of sections
98.11326.46 to 326.521 and any rules promulgated pursuant thereto.
98.12 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
98.13 (c) The commissioner shall coordinate the board's rulemaking and recommendations
98.14with the recommendations and rulemaking conducted by the other boards. The
98.15commissioner shall provide staff support to the board. The support includes professional,
98.16legal, technical, and clerical staff necessary to perform rulemaking and other duties
98.17assigned to the board. The commissioner of labor and industry shall supply necessary
98.18office space and supplies to assist the board in its duties.
98.19 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
98.20of $55 per day spent on board activities, when authorized by the board, plus expenses in
98.21the same manner and amount as authorized by the commissioner's plan adopted under
98.22section 43A.18, subdivision 2. Members who, as a result of time spent attending board
98.23meetings, incur child care expenses that would not otherwise have been incurred, may be
98.24reimbursed for those expenses upon board authorization.
98.25 (b) Members who are state employees or employees of political subdivisions of
98.26the state must not receive the daily payment for activities that occur during working
98.27hours for which they are compensated by the state or political subdivision. However, a
98.28state or political subdivision employee may receive the daily payment if the employee
98.29uses vacation time or compensatory time accumulated in accordance with a collective
98.30bargaining agreement or compensation plan for board activities. Members who are state
98.31employees or employees of the political subdivisions of the state may receive the expenses
98.32provided for in this subdivision unless the expenses are reimbursed by another source.
98.33Members who are state employees or employees of political subdivisions of the state
98.34may be reimbursed for child care expenses only for time spent on board activities that
98.35are outside their working hours.
99.1 (c) The board shall adopt internal standards prescribing what constitutes a day spent
99.2on board activities for purposes of making daily payments under this subdivision.
99.3 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
99.4removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
99.5missing three consecutive meetings. The chair of the board shall inform the governor of
99.6an appointed member missing three consecutive meetings. After the second consecutive
99.7missed meeting and before the next meeting, the secretary of the board shall notify the
99.8appointed member in writing that the member may be removed for missing the next
99.9meeting. In the case of a vacancy on the board, the governor shall, with the advice
99.10and consent of the senate, appoint a person to fill the vacancy for the remainder of the
99.11unexpired term.
99.12 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
99.13 Subd. 5. Membership vacancies within three months of appointment.
99.14 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
99.15three months after being filled through the appointment process, the governor may,
99.16upon notification to the Office of the Secretary of State, choose a new member from the
99.17applications on hand and need not repeat the process.
99.18 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
99.19members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
99.20majority of members of the board qualified to vote on the matter in question. All questions
99.21concerning the manner in which a meeting is conducted or called that are not covered
99.22by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
99.23specified by the bylaws.
99.24 (b) Except as provided in paragraph (c), each High Pressure Piping Code amendment
99.25considered by the board that receives an affirmative two-thirds or more majority vote
99.26of all of the voting members of the board shall be included in the next High Pressure
99.27Piping Code rulemaking proceeding initiated by the board. If a High Pressure Piping Code
99.28amendment considered, or reconsidered, by the board receives less than a two-thirds
99.29majority vote of all of the voting members of the board, the High Pressure Piping Code
99.30amendment shall not be included in the next High Pressure Piping Code rulemaking
99.31proceeding initiated by the board.
99.32 (c) If the High Pressure Piping Code amendment considered by the board is to
99.33replace the Minnesota High Pressure Piping Code with a model High Pressure Piping
99.34Code, then the amendment may only be included in the next High Pressure Piping Code
99.35rulemaking proceeding if it receives an affirmative two-thirds or more majority vote
99.36of all of the voting members of the board.
100.1 (d) The board may reconsider High Pressure Piping Code amendments during
100.2an active High Pressure Piping Code rulemaking proceeding in which the amendment
100.3previously failed to receive a two-thirds or more majority vote of all of the voting
100.4members of the board only if new or updated information that affects the High Pressure
100.5Piping Code amendment is presented to the board. The board may also reconsider failed
100.6High Pressure Piping Code amendments in subsequent High Pressure Piping Code
100.7rulemaking proceedings.
100.8 (e) Except as provided in paragraph (f), each proposed rule and rule amendment
100.9considered by the board pursuant to the rulemaking authority specified in subdivision 2,
100.10paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the
100.11voting members of the board shall be included in the next rulemaking proceeding initiated
100.12by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
100.13board receives less than an affirmative majority vote of all of the voting members of the
100.14board, the proposed rule or rule amendment shall not be included in the next rulemaking
100.15proceeding initiated by the board.
100.16 (f) The board may reconsider a proposed rule or rule amendment during an
100.17active rulemaking proceeding in which the amendment previously failed to receive an
100.18affirmative majority vote of all of the voting members of the board only if new or updated
100.19information that affects the proposed rule or rule amendment is presented to the board.
100.20The board may also reconsider a failed proposed rule or rule amendment in subsequent
100.21rulemaking proceedings.
100.22 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
100.23board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
100.24and in such a manner as the bylaws may provide.
100.25 (b) If compliance with section 13D.02 is impractical, the board may conduct a
100.26meeting of its members by telephone or other electronic means so long as the following
100.27conditions are met:
100.28 (1) all members of the board participating in the meeting, wherever their physical
100.29location, can hear one another and can hear all discussion and testimony;
100.30 (2) members of the public present at the regular meeting location of the board can
100.31hear clearly all discussion and testimony and all votes of members of the board and, if
100.32needed, receive those services required by sections 15.44 and 15.441;
100.33 (3) at least one member of the board is physically present at the regular meeting
100.34location; and
100.35 (4) all votes are conducted by roll call, so each member's vote on each issue can be
100.36identified and recorded.
101.1 Each member of the board participating in a meeting by telephone or other electronic
101.2means is considered present at the meeting for purposes of determining a quorum and
101.3participating in all proceedings.
101.4 If telephone or other electronic means is used to conduct a regular, special, or
101.5emergency meeting, the board, to the extent practical, shall allow a person to monitor
101.6the meeting electronically from a remote location. The board may require the person
101.7making such a connection to pay for documented costs that the board incurs as a result of
101.8the additional connection.
101.9 If telephone or other electronic means is used to conduct a regular, special, or
101.10emergency meeting, the board shall provide notice of the regular meeting location, of the
101.11fact that some members may participate by telephone or other electronic means, and that a
101.12person may monitor the meeting electronically from a remote location. The timing and
101.13method of providing notice is governed by section 13D.04.
101.14 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
101.15the substance of any complaint or communication it receives, whether in writing or orally,
101.16that alleges or implies a violation of a statute, rule, or order that the commissioner has
101.17the authority to enforce pertaining to the license or registration of any person authorized
101.18by the department to provide high pressure piping services, the performance or offering
101.19to perform high pressure piping services requiring licensure by an unlicensed person, or
101.20high pressure code compliance. Each complaint or communication that is forwarded to the
101.21commissioner shall be submitted on a form provided by the commissioner.
101.22 (b) The commissioner shall advise the board of the status of a complaint within 90
101.23days after the board's written submission is received, or within 90 days after the board
101.24is provided with a written request for additional information or documentation from the
101.25commissioner or the commissioner's designee, whichever is later. The commissioner shall
101.26advise the board of the disposition of a complaint referred by the board within 180 days
101.27after the board's written submission is received. The commissioner shall annually report to
101.28the board a summary of the actions taken in response to complaints referred by the board.
101.29 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
101.30Government Data Practices Act, and shall protect from unlawful disclosure data classified
101.31as not public.
101.32 Subd. 10. Official records. The board shall make and preserve all records necessary
101.33to a full and accurate knowledge of its official activities in accordance with section 15.17.
101.34 Sec. 4. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
102.1 Subdivision 1. License required; rules; time credit. Noperson individual shall
102.2engage in or work at the business of a contracting high pressure pipefitter unless issued an
102.3individual contracting pipefitter license to do so by the departmentof Labor and Industry
102.4under rules adopted by the board. No license shall be required for repairs on existing
102.5installations. Noperson individual shall engage in or work at the business of journeyman
102.6high pressure pipefitter unless issued an individual journeyman pipefitter competency
102.7license to do so by the departmentof Labor and Industry under rules adopted by the board.
102.8A person possessing an individual contracting pipefitter competency license may also
102.9work as a journeyman high pressure pipefitter.
102.10 No person, partnership, firm, or corporation shall construct or install high pressure
102.11piping, nor install high pressure piping in connection with the dealing in and selling of high
102.12pressure pipe material and supplies, unless, at all times, aperson individual possessing a
102.13contracting high pressure pipefitter individual competency license or a journeyman high
102.14pressure pipefitter individual competency license is responsible for ensuring that the high
102.15pressure pipefitting workconducted by the person, partnership, firm, or corporation being
102.16is in conformity with Minnesota Statutes and Minnesota Rules.
102.17 TheDepartment of Labor and Industry board shall prescribe rules, not inconsistent
102.18herewith, for the examination and individual competency licensing of contracting high
102.19pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
102.20by the department and municipalities for the installation of high pressure piping.
102.21 An employee performing the duties of inspector for the Department of Labor and
102.22Industry in regulating pipefitting shall not receive time credit for the inspection duties
102.23when making an application for a license required by this section.
102.24 Sec. 5. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
102.25 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
102.26for high pressure piping work, a person, partnership, firm, or corporation must obtain or
102.27utilize a business with a high pressure piping business license.
102.28 A person, partnership, firm, or corporation must have at all times as a full-time
102.29employee at least one individual holding an individual contracting high pressure pipefitter
102.30competency license. Only full-time employees who hold individual contracting high
102.31pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
102.32name of the business. The individual contracting high pressure pipefitter competency
102.33license holder can be the employee of only one high pressure piping business at a time.
102.34 To retain its business license without reapplication, a person, partnership, firm, or
102.35corporation holding a high pressure piping business license that ceases to employ a person
103.1an individual holding an individual contracting high pressure pipefitter competency
103.2license shall have 60 days from the last day of employment of its previous individual
103.3contracting pipefitter competency license holder to employ another license holder. The
103.4departmentof Labor and Industry must be notified no later than five days after the last day
103.5of employment of the previous license holder.
103.6 No high pressure pipefitting work may be performed during any period when the
103.7high pressure pipefitting business does not have an individual contracting high pressure
103.8pipefitter competency license holder on staff. If a license holder is not employed within
103.960 days after the last day of employment of the previous license holder, the pipefitting
103.10business license shall lapse.
103.11 TheDepartment of Labor and Industry board shall prescribe by rule procedures for
103.12application for and issuance of business licensesand fees.
103.13 Sec. 6. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
103.14to read:
103.15 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
103.16license without examination, upon payment of the required fee, nonresident applicants
103.17who are licensed under the laws of a state having standards for licensing which the
103.18commissioner determines are substantially equivalent to the standards of this state if
103.19the other state grants similar privileges to Minnesota residents duly licensed in this
103.20state. Applicants who receive a temporary license under this section may acquire an
103.21aggregate of 24 months of experience before they have to apply and pass the licensing
103.22examination. Applicants must register with the commissioner of labor and industry and
103.23the commissioner shall set a fee for a temporary license. Applicants have five years in
103.24which to comply with this section.
103.25 Sec. 7. Minnesota Statutes 2006, section 326.50, is amended to read:
103.26326.50 LICENSE APPLICATION; FEES AND RENEWAL.
103.27 Application for an individual contracting high pressure pipefitter competency or an
103.28individual journeyman high pressure pipefitter competency license shall be made to the
103.29departmentof Labor and Industry, with fees. The applicant shall be licensed only after
103.30passing an examination developed and administered by the departmentof Labor and
103.31Industry in accordance with rules adopted by the board. A competency license issued by
103.32the department shall expire on December 31 of each year. A renewal application must be
103.33received by the department within one year after expiration of the competency license. A
103.34license that has been expired for more than one year cannot be renewed, and can only be
104.1reissued if the applicant submits a new application for the competency license, pays a new
104.2application fee, and retakes and passes the applicable license examination.
104.3 Sec. 8. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
104.4 Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
104.5license under sections326.83 to
326.98 shall pay a fee to the contractor's recovery fund.
104.6The contractor's recovery fund is created in the state treasury and must be administered
104.7by the commissioner in the manner and subject to all the requirements and limitations
104.8provided by section82.43 with the following exceptions:.
104.9(1) each licensee who renews a license shall pay in addition to the appropriate
104.10renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
104.11amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
104.12most recent fiscal year preceding the renewal, on the following scale:
104.17Any person who receives a new license shall pay a fee based on the same scale;
104.18(2) (b) The purpose of this fund is:
104.19(i) (1) to compensate any aggrieved owner or lessee of residential property located
104.20within this state who obtains a final judgment in any court of competent jurisdiction
104.21against a licensee licensed under section326.84 , on grounds of fraudulent, deceptive, or
104.22dishonest practices, conversion of funds, or failure of performance arising directly out
104.23of any transaction when the judgment debtor was licensed and performed any of the
104.24activities enumerated under section326.83, subdivision 19 , on the owner's residential
104.25property or on residential property rented by the lessee, or on new residential construction
104.26which was never occupied prior to purchase by the owner, or which was occupied by the
104.27licensee for less than one year prior to purchase by the owner, and which cause of action
104.28arose on or after April 1, 1994; and
104.29(ii) (2) to reimburse the Department of Commerce Labor and Industry for all legal
104.30and administrative expenses, including staffing costs, incurred in administering the fund;.
104.31(3) Nothing may obligate the fund for more than $50,000 per claimant, nor more
104.32than $75,000 per licensee; and.
104.33(4) Nothing may obligate the fund for claims based on a cause of action that arose
104.34before the licensee paid the recovery fund fee set in clause (1), or as provided in section
104.35326.945, subdivision 3
.
105.1(b) (c) Should the commissioner pay from the contractor's recovery fund any amount
105.2in settlement of a claim or toward satisfaction of a judgment against a licensee, the
105.3license shall be automatically suspended upon the effective date of an order by the court
105.4authorizing payment from the fund. No licensee shall be granted reinstatement until the
105.5licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
105.6paid from the fund on the licensee's account, and has obtained a surety bond issued by an
105.7insurer authorized to transact business in this state in the amount of at least $40,000.
105.8 Sec. 9. Minnesota Statutes 2006, section 326.992, is amended to read:
105.9326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
105.10 (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
105.11fuel burning, or refrigeration work must give bond to the state in the amount of
105.12$25,000 for all work entered into within the state. The bond must be for the benefit of
105.13persons suffering financial loss by reason of the contractor's failure to comply with the
105.14requirements of the State Mechanical Code. A bond given to the state must be filed with
105.15the commissioner ofadministration labor and industry and is in lieu of all other bonds to
105.16any political subdivision required for work covered by this section. The bond must be
105.17written by a corporate surety licensed to do business in the state.
105.18 (b) The commissioner ofadministration labor and industry may charge each person
105.19giving bond under this section an annual bond filing fee of $15.The money must be
105.20deposited in a special revenue fund and is appropriated to the commissioner to cover the
105.21cost of administering the bond program.
105.22 Sec. 10. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
105.23SYSTEMS.
105.24 The commissioner of administration may not use the authority under Minnesota
105.25Statutes, section 16B.37, to modify transfers of authority in this act.
105.26 Sec. 11. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
105.27PRESSURE PIPING SYSTEMS.
105.28 The governor must complete the appointments required by Minnesota Statutes,
105.29section 326.471, no later than July 1, 2007. The commissioner of labor and industry
105.30shall convene the first meeting of the Board of High Pressure Piping Systems no later
105.31than September 1, 2007.
106.3 Section 1. Minnesota Statutes 2006, section 298.227, is amended to read:
106.4298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
106.5 An amount equal to that distributed pursuant to each taconite producer's taxable
106.6production and qualifying sales under section298.28, subdivision 9a , shall be held by
106.7the Iron Range Resources and Rehabilitation Board in a separate taconite economic
106.8development fund for each taconite and direct reduced ore producer. Money from the
106.9fund for each producer shall be released by the commissioner after review by a joint
106.10committee consisting of an equal number of representatives of the salaried employees and
106.11the nonsalaried production and maintenance employees of that producer. The District 11
106.12director of the United States Steelworkers of America, on advice of each local employee
106.13president, shall select the employee members. In nonorganized operations, the employee
106.14committee shall be elected by the nonsalaried production and maintenance employees.
106.15The review must be completed no later than six months after the producer presents a
106.16proposal for expenditure of the funds to the committee. The funds held pursuant to this
106.17section may be released only for acquisition of plant and stationary mining equipment and
106.18facilities for the producer or for research and development in Minnesota on new mining, or
106.19taconite, iron, or steel production technology, but only if the producer provides a matching
106.20expenditure to be used for the same purpose of at least 50 percent of the distribution based
106.21on14.7 cents per ton beginning with distributions in 2002. Effective for proposals for
106.22expenditures of money from the fund beginning the day following final enactment, the
106.23commissioner may not release the funds before the next scheduled meeting of the board.
106.24If the board rejects a proposed expenditure, the funds must be deposited in the Taconite
106.25Environmental Protection Fund under sections 298.222 to 298.225. If a producer uses
106.26money which has been released from the fund prior to the day following final enactment to
106.27procure haulage trucks, mobile equipment, or mining shovels, and the producer removes
106.28the piece of equipment from the taconite tax relief area defined in section273.134 within
106.29ten years from the date of receipt of the money from the fund, a portion of the money
106.30granted from the fund must be repaid to the taconite economic development fund. The
106.31portion of the money to be repaid is 100 percent of the grant if the equipment is removed
106.32from the taconite tax relief area within 12 months after receipt of the money from the fund,
106.33declining by ten percent for each of the subsequent nine years during which the equipment
106.34remains within the taconite tax relief area. If a taconite production facility is sold after
106.35operations at the facility had ceased, any money remaining in the fund for the former
107.1producer may be released to the purchaser of the facility on the terms otherwise applicable
107.2to the former producer under this section. If a producer fails to provide matching funds
107.3for a proposed expenditure within six months after the commissioner approves release
107.4of the funds, the funds are available for release to another producer in proportion to the
107.5distribution provided and under the conditions of this section. Any portion of the fund
107.6which is not released by the commissioner within two years of its deposit in the fund shall
107.7be divided between the taconite environmental protection fund created in section298.223
107.8and the Douglas J. Johnson economic protection trust fund created in section298.292 for
107.9placement in their respective special accounts. Two-thirds of the unreleased funds shall be
107.10distributed to the taconite environmental protection fund and one-third to the Douglas J.
107.11Johnson economic protection trust fund.
107.12EFFECTIVE DATE.This section is effective for proposals for expenditures of
107.13money from the fund the day following final enactment.
107.14 Sec. 2. APPROPRIATION; IRON RANGE RESOURCES AND
107.15REHABILITATION BOARD.
107.16 (a) $575,000 is appropriated from the Iron Range Resources and Rehabilitation
107.17Board fund for fiscal year 2008 for allocation in this section:
107.18 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
107.19infrastructure to a peat project in Spencer Township in Aitkin County;
107.20 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
107.21Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
107.22endowment for the preservation;
107.23 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
107.24organization to employ youth for the construction of community centers;
107.25 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
107.26construction; and
107.27 (5) $75,000 is for a grant to the city of Chisholm to improve infrastructure at the
107.28city-owned baseball field.
107.29 These are onetime appropriations.
107.30 Sec. 3. IRRRB BUILDING.
107.31 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
107.32Minnesota is designated and named the Joe Begich Building and shall be signed as such
107.33at every entrance.
108.3 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
108.4 Subd. 6g.Personal Direct supervision. The term "personal "Direct supervision"
108.5meansthat a person licensed to perform electrical work oversees and directs the electrical
108.6work performed by an unlicensed person such that:
108.7 (1)the licensed person actually reviews the electrical work performed by the
108.8unlicensed person an unlicensed individual is being supervised by an individual licensed
108.9to perform the electrical work being supervised;
108.10 (2) during the entire working day of the unlicensed individual, the licensed
108.11individual is physically present at the location where the unlicensed individual is
108.12preforming electrical work and immediately available to the unlicensed individual;
108.13 (3) the licensedperson individual is physically present and immediately available to
108.14the unlicensedperson individual at all times for assistance and direction; and
108.15 (4) electronic supervision does not meet the requirement of physically present and
108.16immediately available;
108.17 (5) the licensed individual shall review the electrical work performed by the
108.18unlicensed individual before the electrical work is operated; and
108.19(3) (6) the licensed person individual is able to and does determine that all electrical
108.20work performed by the unlicensedperson individual is performed in compliance with
108.21section326.243 .
108.22 The licensedperson individual is responsible for the compliance with section
108.23326.243
of all electrical work performed by the unlicensed person individual.
108.24 Sec. 2. [326.2411] BOARD OF ELECTRICITY.
108.25 Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12
108.26members. Eleven members shall be appointed by the governor with the advice and consent
108.27of the senate and shall be voting members. Appointments of members by the governor
108.28shall be made in accordance with section 15.066. If the senate votes to refuse to consent
108.29to an appointment of a member made by the governor, the governor shall appoint a new
108.30member with the advice and consent of the senate. One member shall be the commissioner
108.31of labor and industry or the commissioner's designee, who shall be a voting member. Of
108.32the 11 appointed members, the composition shall be as follows:
108.33 (1) one member shall be an electrical inspector;
108.34 (2) two members shall be representatives of the electrical suppliers in rural areas;
109.1 (3) two members shall be master electricians, who shall be contractors;
109.2 (4) two members shall be journeyman electricians;
109.3 (5) one member shall be a registered consulting electrical engineer;
109.4 (6) two members shall be power limited technicians, who shall be technology
109.5system contractors primarily engaged in the business of installing technology circuits
109.6or systems; and
109.7 (7) one member shall be a public member as defined by section 214.02.
109.8 The electrical inspector shall be appointed to a term to end December 31, 2011. One
109.9of the rural electrical suppliers shall be appointed for a term to end December 31, 2011,
109.10and one rural electrical supplier shall serve for a term to end December 31, 2010. The
109.11consulting electrical engineer shall be appointed for a term to end December 31, 2011.
109.12One of the master electrician contractors shall be appointed for a term to end December
109.1331, 2011, and one master electrician contractor shall be appointed for a term to end
109.14December 31, 2010. One of the journeyman electricians shall be appointed for a term to
109.15end December 31, 2011, and one journeyman electrician shall be appointed for a term to
109.16end December 31, 2010. One of the power limited technicians shall be appointed for a
109.17term to end December 31, 2011, and one power limited technician shall be appointed for
109.18a term to end December 31, 2010. The public member shall be appointed for a term to
109.19end December 31, 2010.
109.20 (b) The consulting electrical engineer must possess a current Minnesota professional
109.21engineering license and maintain the license for the duration of the term served on the
109.22board. All other appointed members, except the public member and the representatives of
109.23electrical suppliers in rural areas, must possess a current electrical license issued by the
109.24Department of Labor and Industry and maintain that license for the duration of their terms.
109.25All appointed members must be residents of Minnesota at the time of and throughout
109.26their terms. The term of any appointed member who does not maintain membership
109.27qualification status shall end on the date of status change and the governor shall appoint
109.28a replacement member. It is the responsibility of the member to notify the board of a
109.29change in the member's status.
109.30 (c) For appointed members, except the initial terms designated in paragraph (a), each
109.31term shall be three years with the terms ending on the first Monday in January. Members
109.32appointed by the governor shall be limited to three consecutive terms. The governor shall,
109.33all or in part, reappoint the current members or appoint replacement members with the
109.34advice and consent of the senate. Midterm vacancies shall be filled for the remaining
109.35portion of the term. Vacancies occurring with less than six months time remaining in the
109.36term shall be filled for the existing term and the following three-year term. Members may
110.1serve until their successors are appointed but in no case later than July 1 in a year in
110.2which the term expires unless reappointed.
110.3 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
110.4power to:
110.5 (1) elect its chair, vice-chair, and secretary;
110.6 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
110.7board, and contain such other provisions as may be useful and necessary for the efficient
110.8conduct of the business of the board;
110.9 (3) the Minnesota Electrical Code shall be the most current edition of the National
110.10Electrical Code upon its adoption by the board and any amendments thereto as adopted
110.11by the board. The board shall adopt the most current edition of the National Electrical
110.12Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
110.136, paragraphs (b) and (c);
110.14 (4) review requests for final interpretations and issue final interpretations as provided
110.15in section 16B.63, subdivision 5;
110.16 (5) adopt rules that regulate the licensure or registration of electrical businesses,
110.17electrical contractors, master electricians, journeyman electricians, class A installer, class
110.18B installer, power limited technicians, and other persons who perform electrical work.
110.19The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
110.206, paragraphs (d) and (e);
110.21 (6) adopt rules that regulate continuing education for individuals licensed or
110.22registered as electrical businesses, electrical contractors, master electricians, journeyman
110.23electricians, class A installer, class B installer, power limited technicians, and other
110.24persons who perform electrical work. The board shall adopt these rules pursuant to
110.25chapter 14 and as provided in subdivision 6, paragraph (e);
110.26 (7) advise the commissioner regarding educational requirements for electrical
110.27inspectors;
110.28 (8) refer complaints or other communications, whether orally or in writing, that
110.29allege or imply a violation of a statute, rule, or order that the commissioner has the
110.30authority to enforce pertaining to code compliance, licensure, or an offering to perform or
110.31performance of unlicensed electrical services to the commissioner under subdivision 8;
110.32 (9) approve per diem and expenses deemed necessary for its members as provided in
110.33subdivision 3;
110.34 (10) approve license reciprocity agreements;
110.35 (11) select from its members individuals to serve on any other state advisory council,
110.36board, or committee; and
111.1 (12) recommend the fees for licenses and certifications.
111.2 Except for the powers granted to the Board of Electricity, the commissioner of labor
111.3and industry shall administer and enforce the provisions of sections 326.241 to 326.248
111.4and any rules promulgated pursuant thereto.
111.5 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
111.6 (c) The commissioner shall coordinate the board's rulemaking and recommendations
111.7with the recommendations and rulemaking conducted by the other boards. The
111.8commissioner shall provide staff support to the board. The support includes professional,
111.9legal, technical, and clerical staff necessary to perform rulemaking and other duties
111.10assigned to the board. The commissioner of labor and industry shall supply necessary
111.11office space and supplies to assist the board in its duties.
111.12 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
111.13of $55 per day spent on board activities, when authorized by the board, plus expenses, in
111.14the same manner and amount as authorized by the commissioner's plan adopted under
111.15section 43A.18, subdivision 2. Members who, as a result of time spent attending board
111.16meetings, incur child care expenses that would not otherwise have been incurred, may be
111.17reimbursed for those expenses upon board authorization.
111.18 (b) Members who are state employees or employees of political subdivisions of
111.19the state must not receive the daily payment for activities that occur during working
111.20hours for which they are compensated by the state or political subdivision. However, a
111.21state or political subdivision employee may receive the daily payment if the employee
111.22uses vacation time or compensatory time accumulated in accordance with a collective
111.23bargaining agreement or compensation plan for board activities. Members who are state
111.24employees or employees of the political subdivisions of the state may receive the expenses
111.25provided for in this subdivision unless the expenses are reimbursed by another source.
111.26Members who are state employees or employees of political subdivisions of the state
111.27may be reimbursed for child care expenses only for time spent on board activities that
111.28are outside their working hours.
111.29 (c) The board shall adopt internal standards prescribing what constitutes a day spent
111.30on board activities for purposes of making daily payments under this subdivision.
111.31 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
111.32removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
111.33missing three consecutive meetings. The chair of the board shall inform the governor of
111.34an appointed member missing three consecutive meetings. After the second consecutive
111.35missed meeting and before the next meeting, the secretary of the board shall notify the
111.36appointed member in writing that the member may be removed for missing the next
112.1meeting. In the case of a vacancy on the board, the governor shall, with the advice
112.2and consent of the senate, appoint a person to fill the vacancy for the remainder of the
112.3unexpired term.
112.4 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
112.5 Subd. 5. Membership vacancies within three months of appointment.
112.6 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
112.7three months after being filled through the appointment process, the governor may,
112.8upon notification to the Office of the Secretary of State, choose a new member from the
112.9applications on hand and need not repeat the process.
112.10 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
112.11members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
112.12majority of members of the board qualified to vote on the matter in question. All questions
112.13concerning the manner in which a meeting is conducted or called that are not covered
112.14by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
112.15specified by the bylaws.
112.16 (b) Except as provided in paragraph (c), each Electrical Code amendment considered
112.17by the board that receives an affirmative two-thirds or more majority vote of all of the
112.18voting members of the board shall be included in the next Electrical Code rulemaking
112.19proceeding initiated by the board. If an Electrical Code amendment considered, or
112.20reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
112.21members of the board, the Electrical Code amendment shall not be included in the next
112.22Electrical Code rulemaking proceeding initiated by the board.
112.23 (c) The board may reconsider Electrical Code amendments during an active
112.24Electrical Code rulemaking proceeding in which the amendment previously failed to
112.25receive a two-thirds or more majority vote of all of the voting members of the board only if
112.26new or updated information that affects the Electrical Code amendment is presented to the
112.27board. The board may also reconsider failed Electrical Code amendments in subsequent
112.28Electrical Code rulemaking proceedings.
112.29 (d) Except as provided in paragraph (e), each proposed rule and rule amendment
112.30considered by the board pursuant to the rulemaking authority specified in subdivision 2,
112.31paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of the all the
112.32voting members of the board shall be included in the next rulemaking proceeding initiated
112.33by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
112.34board receives less than an affirmative majority vote of all of the voting members of the
112.35board, the proposed rule or rule amendment shall not be included in the next rulemaking
112.36proceeding initiated by the board.
113.1 (e) The board may reconsider a proposed rule or rule amendment during an
113.2active rulemaking proceeding in which the amendment previously failed to receive an
113.3affirmative majority vote of all of the voting members of the board only if new or updated
113.4information that affects the proposed rule or rule amendment is presented to the board.
113.5The board may also reconsider a failed proposed rule or rule amendment in subsequent
113.6rulemaking proceedings.
113.7 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
113.8board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
113.9and in such a manner as the bylaws may provide.
113.10 (b) If compliance with section 13D.02 is impractical, the board may conduct a
113.11meeting of its members by telephone or other electronic means so long as the following
113.12conditions are met:
113.13 (1) all members of the board participating in the meeting, wherever their physical
113.14location, can hear one another and can hear all discussion and testimony;
113.15 (2) members of the public present at the regular meeting location of the board can
113.16hear clearly all discussion and testimony and all votes of members of the board and, if
113.17needed, receive those services required by sections 15.44 and 15.441;
113.18 (3) at least one member of the board is physically present at the regular meeting
113.19location; and
113.20 (4) all votes are conducted by roll call, so each member's vote on each issue can be
113.21identified and recorded.
113.22 Each member of the board participating in a meeting by telephone or other electronic
113.23means is considered present at the meeting for purposes of determining a quorum and
113.24participating in all proceedings.
113.25 If telephone or other electronic means is used to conduct a regular, special, or
113.26emergency meeting, the board, to the extent practical, shall allow a person to monitor
113.27the meeting electronically from a remote location. The board may require the person
113.28making such a connection to pay for documented costs that the board incurs as a result of
113.29the additional connection.
113.30 If telephone or other electronic means is used to conduct a regular, special, or
113.31emergency meeting, the board shall provide notice of the regular meeting location, of the
113.32fact that some members may participate by telephone or other electronic means, and that a
113.33person may monitor the meeting electronically from a remote location. The timing and
113.34method of providing notice is governed by section 13D.04.
113.35 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
113.36the substance of any complaint or communication it receives, whether in writing or orally,
114.1that alleges or implies a violation of a statute, rule, or order that the commissioner has the
114.2authority to enforce pertaining to the license or registration of any person authorized by the
114.3department to provide electrical services, the performance or offering to perform electrical
114.4services requiring licensure by an unlicensed person, or Electrical Code compliance. Each
114.5complaint or communication that is forwarded to the commissioner shall be submitted
114.6on a form provided by the commissioner.
114.7 (b) The commissioner shall advise the board of the status of a complaint within 90
114.8days after the board's written submission is received, or within 90 days after the board
114.9is provided with a written request for additional information or documentation from the
114.10commissioner or the commissioner's designee, whichever is later. The commissioner shall
114.11advise the board of the disposition of a complaint referred by the board within 180 days
114.12after the board's written submission is received. The commissioner shall annually report to
114.13the board a summary of the actions taken in response to complaints referred by the board.
114.14 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
114.15Government Data Practices Act, and shall protect from unlawful disclosure data classified
114.16as not public.
114.17 Subd. 10. Official records. The board shall make and preserve all records necessary
114.18to a full and accurate knowledge of its official activities in accordance with section 15.17.
114.19 Sec. 3. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
114.20 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
114.21noperson individual shall install, alter, repair, plan, lay out, or supervise the installing,
114.22altering,or repairing, planning, or laying out of electrical wiring, apparatus, or equipment
114.23for technology circuits or systems unless:
114.24 (1) theperson individual is licensed by the board commissioner as a power limited
114.25technician; and
114.26 (2) the electrical work is:
114.27 (i) for a licensed contractor and theperson individual is an employee, partner, or
114.28officer of, or is the licensed contractor; or
114.29 (ii) performed under the direct supervision of a master electrician or power limited
114.30technician also employed by theperson's individual's employer on technology circuits,
114.31systems, apparatus, equipment, or facilities that are owned or leased by the employer that
114.32are located within the limits of property operated, maintained, and either owned or leased,
114.33operated, and maintained by the employer.
114.34 (b) An applicant for a power limited technician's license shall (1) be a graduate
114.35of a four-year electrical coursein offered by an accredited college or university; or (2)
115.1have had at least 36 months' experience, acceptable to the board, in planning for, laying
115.2out, supervising,and installing, altering and repairing wiring, apparatus, or equipment
115.3for power limited systems, provided however, that the board may by rule provide for the
115.4allowance of up to 12 months (2,000 hours) of experience credit for successful completion
115.5of a two-year post high school electrical course or other technical training approved by
115.6the board.
115.7 (c)The board may initially set experience requirements without rulemaking, but
115.8must adopt rules before July 1, 2004.
115.9(d) Licensees must attain eight 16 hours of continuing education acceptable to
115.10the board every renewal period.
115.11(e) A person who has submitted an application by June 30, 2003, to take the alarm
115.12and communications examination administered by the board, and who has achieved a
115.13minimal score of 70 percent on the examination by September 30, 2003, may obtain a
115.14power limited technician license without further examination by submitting an application
115.15and a license fee of $30.
115.16(f) (d) A company holding an alarm and communication license as of June 30, 2003,
115.17may designate oneperson individual who may obtain a power limited technician license
115.18without passing an examination administered by theboard commissioner by submitting an
115.19application and license fee of $30.
115.20(g) (e) A person who has submitted an application by September 30, 2005 December
115.2131, 2007, to take the power limited technician examination administered by theboard
115.22department is not required to meet the qualifications set forth in paragraph (b).
115.23EFFECTIVE DATE.This section is effective the day following final enactment.
115.24 Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
115.25 Subd. 5. Unlicensedpersons individuals. (a) An unlicensed person individual
115.26means an individual who has not been licensed by the department to perform specific
115.27electrical work. An unlicensed individual shall not perform electrical work required to
115.28be performed by a licensed individual unless the individual has first registered with the
115.29department as an unlicensed individual. Thereafter, an unlicensed individual shall not
115.30perform electrical work required to be performed by a licensed individual unless the work
115.31is performed under thepersonal direct supervision of a person an individual actually
115.32licensed to perform such workand. The licensed electrician individual and unlicensed
115.33persons are individual must be employed by the same employer. Licensed persons
115.34individuals shall not permit unlicensedpersons individuals to perform electrical work
115.35except under thepersonal direct supervision of a person an individual actually licensed to
116.1perform such work. Unlicensedpersons individuals shall not supervise the performance of
116.2electrical work or make assignments of electrical work to unlicensedpersons individuals.
116.3Except for technology circuit or system work, licensedpersons individuals shall supervise
116.4no more than two unlicensedpersons individuals. For technology circuit or system
116.5work, licensedpersons individuals shall supervise no more than three unlicensed persons
116.6individuals.
116.7 (b) Notwithstanding any other provision of this section, noperson individual other
116.8than a master electrician or power limited technician shall plan or lay out electrical wiring,
116.9apparatus, or equipment for light, heat, power, or other purposes, except circuits or
116.10systems exempted from personal licensing by subdivision 12, paragraph (b).
116.11 (c) Contractors employing unlicensedpersons performing individuals to perform
116.12electrical work shall maintain records establishing compliance with this subdivision,
116.13which that shall designate identify all unlicensed persons individuals performing electrical
116.14work, except for persons working on circuits or systems exempted from personal licensing
116.15by subdivision 12, paragraph (b), and shall permit theboard department to examine and
116.16copy all such recordsas provided for in section
326.244, subdivision 6
116.17 (d) When a licensed individual supervises the electrical work of an unlicensed
116.18individual, the licensed individual is responsible for ensuring that the electrical work
116.19complies with the Minnesota Electrical Act and rules adopted under the act.
116.20 Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
116.21to read:
116.22 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
116.23performing electrical work for a contractor or employer shall register with the department
116.24in the manner prescribed by the commissioner. Experience credit for electrical work
116.25performed in Minnesota after January 1, 2008, by an applicant for a license identified in
116.26this section shall not be granted where the applicant has not registered with or is not
116.27licensed by the department.
116.28 Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read:
116.29 Subd. 8. License, registration, and renewal fees; expiration.All licenses issued
116.30hereunder shall expire in a manner as provided by the board. (a) Unless revoked or
116.31suspended under this chapter, all licenses issued or renewed under this section expire
116.32on the date specified in this subdivision. Master licenses expire March 1 of each
116.33odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
116.341 of each even-numbered year after issuance or renewal. Technology system contractor
117.1licenses expire August 1 of each even-numbered year after issuance or renewal. All
117.2other personal licenses expire two years from the date of original issuance and every two
117.3years thereafter. Registrations of unlicensed individuals expire one year from the date of
117.4original issuance and every year thereafter.
117.5 (b) Fees, as set by the board, shall be payable for application and examination, and
117.6for the original issuance and each subsequent renewalof the following, are:
117.7 (1) For each personal license application and examination: $35;
117.8Class A Master.
117.9Class B Master.
117.10Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
117.11Special Electrician.
117.12 (2) For original issuanceof original license and each subsequent renewal of:
117.13 Class A Master. or master special electrician, including master elevator constructor:
117.14$40 per year;
117.15 Class B Master.: $25 per year;
117.16 Power Limited Technician.: $15 per year;
117.17 Class A Journeyman, Class B Journeyman, Installer, or Special Electrician. other
117.18than master special electrician: $15 per year;
117.19Electrical contractor: $100 per year.
117.20Technology Systems Contractor Unlicensed individual registration: $15 per year.
117.21 (c) If any new license is issued in accordance with this subdivision for less than two
117.22years, the fee for the license shall be prorated on an annual basis.
117.23 (d) A license fee may not be refunded after a license is issued or renewed. However,
117.24if the fee paid for a license was not prorated in accordance with this subdivision, the
117.25amount of the overpayment shall be refunded.
117.26 (e) Any contractor who seeks reissuance of a license after it has been revoked or
117.27suspended under this chapter shall submit a reissuance fee of $100 before the license is
117.28reinstated.
117.29 (f) The fee for the issuance of each duplicate license is $15.
117.30(3) (g) An individual or contractor who fails to renew a license before 30 days after
117.31the expiration or registration of the license must submit a late fee equal to one year's
117.32license fee in addition to the full renewal fee. Fees for renewed licenses or registrations
117.33are not prorated. An individual or contractor that fails to renew a license or registration by
117.34the expiration date is unlicensed until the license or registration is renewed.
117.35 Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
118.1 Subd. 11. Reciprocity.To the extent that any other state which provides for the
118.2licensing of electricians provides for similar action the board may grant licenses, without
118.3examination, of the same grade and class to an electrician who has been licensed by such
118.4other state for at least one year, upon payment by the applicant of the required fee and
118.5upon the board being furnished with proof that the required fee and upon the board being
118.6furnished with proof that the qualifications of the applicant are equal to the qualifications
118.7of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
118.8agreements for personal licenses with another state if approved by the board. Once
118.9approved by the board, the commissioner may issue a personal license without requiring
118.10the applicant to pass an examination provided the applicant:
118.11 (a) submits an application under section 326.242;
118.12 (b) pays the fee required under section 326.242; and
118.13 (c) holds a valid comparable license in the state participating in the agreement.
118.14 Agreements are subject to the following:
118.15 (1) The parties to the agreement must administer a statewide licensing program that
118.16includes examination and qualifying experience or training comparable to Minnesota's.
118.17 (2) The experience and training requirements under which an individual applicant
118.18qualified for examination in the qualifying state must be deemed equal to or greater than
118.19required for an applicant making application in Minnesota at the time the applicant
118.20acquired the license in the qualifying state.
118.21 (3) The applicant must have acquired the license in the qualifying state through an
118.22examination deemed equivalent to the same class of license examination in Minnesota.
118.23A lesser class of license may be granted where the applicant has acquired a greater
118.24class of license in the qualifying state and the applicant otherwise meets the conditions
118.25of this subdivision.
118.26 (4) At the time of application, the applicant must hold a valid license in the
118.27qualifying state and have held the license continuously for at least one year before making
118.28application in Minnesota.
118.29 (5) An applicant is not eligible for a license under this subdivision if the applicant
118.30has failed the same or greater class of license examination in Minnesota, or if the
118.31applicant's license of the same or greater class has been revoked or suspended.
118.32 (6) An applicant who has failed to renew a personal license for two years or more
118.33after its expiration is not eligible for a license under this subdivision.
118.34 Sec. 8. Minnesota Statutes 2006, section 326.2441, is amended to read:
118.35326.2441 INSPECTION FEE SCHEDULE.
119.1 Subdivision 1. Schedule. State electrical inspection fees shall bepaid according
119.2to calculated in accordance with subdivisions 2 to 13 15.
119.3 Subd. 2. Fee for each separate inspection. The minimum fee for each separate
119.4inspection of an installation, replacement, alteration, or repair is$20. $35. Except as
119.5otherwise provided in this section, the maximum number of separate inspections allowed
119.6without payment of an additional fee is the whole number resulting from dividing by
119.735 the total fee calculated in accordance with this section. Where additional separate
119.8inspections are necessary, additional fees are required to result in a value equal to the total
119.9number of separate inspections multiplied by 35. The fee for any inspections needed after
119.10a "final inspection" is performed shall be calculated without consideration of any fee
119.11paid before the final inspection.
119.12 Subd. 3. Fee for services, generators, other power supply sources, or feeders to
119.13separate structures. The inspection fee for the installation, addition, alteration, or repair
119.14of each service, change of service, temporary service, generator, other power supply
119.15source, or feeder to a separate structure is:
119.16 (1) 0 ampere to and including 400 ampere capacity,$25 $35;
119.17 (2) 401 ampere to and including 800 ampere capacity,$50 $60; and
119.18 (3) ampere capacity above 800,$75 $100.
119.19 Where multiple disconnects are grouped at a single location and are supplied by a
119.20single set of supply conductors the cumulative rating of the overcurrent devices shall be
119.21used to determine the supply ampere capacity.
119.22 Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
119.23conductors. The inspection fee for the installation, addition, alteration, or repair of
119.24each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
119.25the equipment served, is:
119.26 (1) 0 ampere to and including 200 ampere capacity,$5 $6; and
119.27 (2) ampere capacity above 200,$10 $15.
119.28 Where existing feeders and circuits are reconnected to overcurrent devices installed
119.29as part of the replacement of an existing disconnect, switchboard, motor control center, or
119.30panelboard, the inspection fee for each circuit or feeder is $2.
119.31 Subd. 5.Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
119.32 (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
119.33dwellingwith a supply of up to 500 amperes where a combination of ten or more sources
119.34of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. is
119.35the following:
119.36 (1) the fee for each service or other source of power as provided in subdivision 3;
120.1 (2) $100 for up to 30 feeders and circuits; and
120.2 (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
120.3This fee applies to each separate installation for new dwellings andadditions, alterations,
120.4or repairs to existing dwellings and includes not more than two inspections. where 15
120.5or more feeders or circuits are installed or extended in connection with any addition,
120.6alteration, or repair to existing dwellings. Where existing feeders and circuits are
120.7reconnected to overcurrent devices installed as part of the replacement of an existing
120.8panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
120.9of separate inspections shall be determined in accordance with subdivision 2. The
120.10fee for additional inspections or other installations is that specified in subdivisions 2
120.11to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the
120.12request for electrical inspection. The fee for each detached accessory structure directly
120.13associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
120.144. When included on the same request for electrical inspection form, inspection fees for
120.15detached accessory structures directly associated with the dwelling unit may be combined
120.16with the dwelling unit fees to determine the maximum number of separate inspections in
120.17accordance with subdivision 2.
120.18 (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
120.19to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.
120.20$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
120.21or circuit. This fee applies to each separate installation for each new dwelling unit and
120.22where ten or more feeders or circuits are installed or extended in connection with any
120.23addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
120.24are reconnected to overcurrent devices installed as part of the replacement of an existing
120.25panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
120.26of separate inspections for each dwelling unit shall be determined in accordance with
120.27subdivision 2. The fee for additional inspections or for inspection of other installations
120.28is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the
120.29wiring within individual dwelling units and the final feeder to that unit. This limitation is
120.30subject to the following conditions:
120.31(1) where the multifamily dwelling is provided with common service equipment
120.32and each dwelling unit is supplied by a separate feeder or feeders extended from common
120.33service or distribution equipment. The fee for multifamily dwelling services or other
120.34power source supplies and all other circuits is that specified in subdivisions 2 to 4; and.
121.1(2) this limitation applies only to new installations for multifamily dwellings where
121.2the majority of the individual dwelling units are available for inspection during each
121.3inspection trip.
121.4 (c) A separate request for electrical inspection form must be filed for each dwelling
121.5unit that is supplied with an individual set of service entrance conductors. These fees are
121.6the one-family dwelling rate specified in paragraph (a).
121.7 Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
121.8supply for each manufactured home park lot is$25 $35. This fee includes the service or
121.9feeder conductors up to and including the service equipment or disconnecting means.
121.10The fee for feeders and circuits that extend from the service or disconnecting means is
121.11that specified in subdivision 4.
121.12 (b) The fee for each recreational vehicle site electrical supply equipment is$5 $6
121.13for each circuit originating within the equipment. The fee for recreational vehicle park
121.14services, feeders, and circuits is that specified in subdivisions 3 and 4.
121.15 (c) The fee for each street, parking lot, or outdoor area lighting standardis $1, and the
121.16fee for each traffic signal standard is $5. Circuits originating within the standard or traffic
121.17signal controller shall not be used whencomputing calculating the fee for each standard.
121.18 (d) The fee for transformers for light, heat, and power is$10 $15 for transformers
121.19rated up to ten kilovolt-amperes and$20 $30 for transformers rated in excess of ten
121.20kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
121.21supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
121.22supplies.
121.23 (e) The fee for transformers and electronic power supplies for electric signs and
121.24outline lighting is $5 per unit.
121.25 (f) The fee foralarm, communication, remote control, and signaling technology
121.26circuits or systems, and circuits of less than 50 volts, is50 75 cents for each system device
121.27or apparatus.
121.28 (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
121.29fountain, an equipotential plane for an agricultural confinement area, or similar installation
121.30shall be $20 is $35. Bonding conductors and connections require an inspection before
121.31being concealed.
121.32 (h) The fee for all wiring installed on center pivot irrigation booms is$40 $35 plus
121.33$5 for each electrical drive unit.
121.34 (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
121.35lighting fixture luminaire.
122.1 (j) When a separate inspection of a concrete-encased grounding electrode is
122.2performed, the fee is $35.
122.3 (k) The fees required by subdivisions 3 and 4 are doubled for installations over
122.4600 volts.
122.5 Subd. 7. Investigation fees: work without a request for electrical inspection.
122.6 (a) Whenever any work for which a request for electrical inspection is requiredby the
122.7board has begun without the request for electrical inspection form being filed with the
122.8board commissioner, a special investigation shall be made before a request for electrical
122.9inspection form is acceptedby the board.
122.10 (b) An investigation fee, in addition to the full fee required by subdivisions 1
122.11to 6, shall be paid before an inspection is made. The investigation fee is two times the
122.12hourly rate minimum fee specified in subdivision 10 2 or the inspection fee required
122.13by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
122.14investigation fee does not exempt any person from compliance with all other provisions of
122.15theboard department rules or statutes nor from any penalty prescribed by law.
122.16 Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
122.17when reinspection is necessary to determine whether unsafe conditions identified during a
122.18final inspection have been corrected and the conditions are not the subject of an appeal
122.19pending before theboard commissioner or any court, a reinspection fee of $20 may $35
122.20shall be assessed in writing by the inspector.
122.21 Subd. 9. Supplemental fee. When inspections scheduled by the installer are
122.22preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
122.23to circumstances beyond the control of the inspector, a supplemental inspection fee of
122.24$20 may $35 shall be assessed in writing by the inspector.
122.25 Subd. 10. Special inspection. For inspections not covered in this section, or for
122.26requested special inspections or services, the feeshall be $30 is $80 per hour, including
122.27travel time, plus31 cents the standard mileage rate per mile traveled, plus the reasonable
122.28cost of equipment or material consumed. This provision is applicable to inspection
122.29of empty conduits and other jobs as may be determined by theboard commissioner.
122.30This fee may also be assessed when installations are not accessible by roadway and
122.31require alternate forms of transportation. or are located in the Northwest Angle, or when
122.32inspections are performed outside of Minnesota. For purposes of this subdivision,
122.33the standard mileage rate is the standard mileage rate effective at the time of travel,
122.34as established by the Internal Revenue Service for computing the deductible costs of
122.35operating an automobile for business expense purposes.
123.1 Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
123.2projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
123.3sites, and portable road construction plants, the inspection procedures and fees are as
123.4specified in paragraphs (b) to (i).
123.5 (b) The fee for inspection of each generator or other source of supply is that specified
123.6in subdivision 3. A like fee is required at each engagement or setup.
123.7 (c) In addition to the fee for generators or other sources of supply, there must be an
123.8inspection of all installed feeders, circuits, and equipment at each engagement or setup at
123.9the hourly rate specified in subdivision 10, with atwo-hour one-hour minimum.
123.10 (d) An owner, operator, or appointed representative of a transitory enterprise
123.11including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
123.12shows, portable road construction plants, and similar enterprises shall notify theboard
123.13commissioner of its itinerary or schedule and make application for initial inspection a
123.14minimum of 14 days before its first engagement or setup. An owner, operator, or appointed
123.15representative of a transitory enterprise who fails to notify theboard commissioner 14
123.16days before its first engagement or setup may be subject to the investigation fees specified
123.17in subdivision 7. The owner, operator, or appointed representative shall request inspection
123.18and pay the inspection fee for each subsequent engagement or setup at the time of the initial
123.19inspection. For subsequent engagements or setups not listed on the itinerary or schedule
123.20submitted to theboard commissioner and where the board commissioner is not notified at
123.21least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
123.22 (e) Amusement rides, devices, concessions, attractions, or other units must be
123.23inspected at their first appearance of the year. The inspection fee is$20 $35 per unit with a
123.24supply of up to 60 amperes and$30 $40 per unit with a supply above 60 amperes.
123.25 (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
123.26for additional time spent by each inspector if equipment is not ready or available for
123.27inspection at the time and date specified on the application for initial inspection or the
123.28request for electrical inspection form.
123.29 (g) In addition to the fees specified in paragraphs (a) and (b), a fee oftwo hours one
123.30hour at the hourly rate specified in subdivision 10 must be charged for inspections required
123.31to be performed on Saturdays, Sundays, holidays, or after regular business hours.
123.32 (h) The fee for reinspection of corrections or supplemental inspections where an
123.33additional trip is necessary may be assessed as specified in subdivision 8.
123.34 (i) Theboard may commissioner shall retain the inspection fee when an owner,
123.35operator, or appointed representative of a transitory enterprise fails to notify theboard
123.36commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
124.1 Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions
124.22 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
124.3commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
124.4 Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
124.5of the paper form requesting an electrical inspection is up to $1.
124.6 Subd. 13. National Electrical Code used for interpretation of provisions. For
124.7purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most
124.8recently adopted edition of the National Electrical Code shall be prima facie evidence of
124.9the definitions, interpretations, and scope of words and terms used.
124.12 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
124.13178.01 PURPOSES.
124.14 The purposes of this chapter are: to open to young people regardless of race, sex,
124.15creed, color or national origin, the opportunity to obtain training that will equip them for
124.16profitable employment and citizenship; to establish as a means to this end, a program
124.17of voluntary apprenticeship under approved apprentice agreements providing facilities
124.18for their training and guidance in the arts, skills, and crafts of industry and trade, with
124.19concurrent, supplementary instruction in related subjects; to promote employment
124.20opportunities under conditions providing adequate training and reasonable earnings;
124.21to relate the supply of skilled workers to employment demands; to establish standards
124.22for apprentice training; to establish an ApprenticeshipAdvisory Council Board and
124.23apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
124.24for a Division of Labor Standards and Apprenticeship within the Department of Labor
124.25and Industry; to provide for reports to the legislature regarding the status of apprentice
124.26training in the state; to establish a procedure for the determination of apprentice agreement
124.27controversies; and to accomplish related ends.
124.28 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
124.29178.02 APPRENTICESHIPADVISORY COUNCIL BOARD.
124.30 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
124.31called the commissioner, shall appoint an ApprenticeshipAdvisory Council Board,
124.32hereinafter referred to as thecouncil board, composed of three representatives each from
124.33employer and employee organizations, and two representatives of the general public. The
125.1director of education responsible for career and technical education or designee shall be an
125.2ex officio member of thecouncil board and shall serve in an advisory capacity only.
125.3 Subd. 2. Terms. Thecouncil board shall expire and the terms, compensation, and
125.4removal of appointed members shall be as provided in section15.059 , except that the
125.5council shall not expire before June 30, 2003.
125.6 Subd. 4. Duties. Thecouncil board shall meet at the call of the commissioner. It
125.7shall propose occupational classifications for apprenticeship programs; propose minimum
125.8standards for apprenticeship programs and agreements; and advise on the establishment
125.9of such policies, procedures, and rules as thecommissioner board deems necessary in
125.10implementing the intent of this chapter.
125.11 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
125.12 Subd. 3. Duties and functions. The director, under the supervision of the
125.13commissioner, and with the advice and consultation of the ApprenticeshipAdvisory
125.14Council Board, is authorized: to administer the provisions of this chapter; to promote
125.15apprenticeship and other forms of on the job training; to establish, in cooperation and
125.16consultation with the ApprenticeshipAdvisory Council Board and with the apprenticeship
125.17committees, conditions and training standards for the approval of apprenticeship programs
125.18and agreements, which conditions and standards shall in no case be lower than those
125.19prescribed by this chapter; to promote equal employment opportunity in apprenticeship
125.20and other on the job training and to establish a Minnesota plan for equal employment
125.21opportunity in apprenticeship which shall be consistent with standards established
125.22under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
125.23registration to sponsors of approved apprenticeship programs; to act as secretary of the
125.24ApprenticeshipAdvisory Council Board; to approve, if of the opinion that approval is
125.25for the best interest of the apprentice, any apprenticeship agreement which meets the
125.26standards established hereunder; to terminate any apprenticeship agreement in accordance
125.27with the provisions of such agreement; to keep a record of apprenticeship agreements and
125.28their disposition; to issue certificates of completion of apprenticeship; and to perform
125.29such other duties as the commissioner deems necessary to carry out the intent of this
125.30chapter; provided, that the administration and supervision of supplementary instruction in
125.31related subjects for apprentices; coordination of instruction on a concurrent basis with
125.32job experiences, and the selection and training of teachers and coordinators for such
125.33instruction shall be the function of state and local boards responsible for vocational
125.34education. The director shall have the authority to make wage determinations applicable
125.35to the graduated schedule of wages and journeyman wage rate for apprenticeship
126.1agreements, giving consideration to the existing wage rates prevailing throughout the
126.2state, except that no wage determination by the director shall alter an existing wage
126.3provision for apprentices or journeymen that is contained in a bargaining agreement in
126.4effect between an employer and an organization of employees, nor shall the director
126.5make any determination for the beginning rate for an apprentice that is below the wage
126.6minimum established by federal or state law.
126.7 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
126.8 Subdivision 1. Rules. The commissioner may, upon receipt of thecouncil's board's
126.9proposals, accept, adopt, and issue them by rule with any modifications or amendments
126.10the commissioner finds appropriate. The commissioner may refer them back to the
126.11council board with recommendations for further study, consideration and revision. If
126.12the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
126.13a board proposal, the commissioner must provide a written explanation of the reason
126.14for the refusal to the board within 30 days after the board submitted the proposal to the
126.15commissioner. Additional rules may be issued as the commissioner may deem necessary.
126.18 Section 1. Minnesota Statutes 2006, section 190.096, is amended to read:
126.19190.096 BATTLE FLAGS; REPAIR.
126.20 Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
126.21Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
126.22Society may contract for the repair, restoration, and preservation of regimental battle flags,
126.23standards, and guidons with persons or corporations skilled in such repair, restoration, and
126.24preservation, upon terms or conditions the adjutant general or the Minnesota Historical
126.25Society deems proper, subject to the approval of the commissioner of administration.
126.26 Subd. 2. Surrender. Notwithstanding the provisions of this section or section
126.27190.09
, the adjutant general or the Minnesota Historical Society may, for the purposes
126.28of this section, surrender the immediate custody and control of regimental battle flags,
126.29standards, and guidons under conditions and safeguards the adjutant general or the
126.30Minnesota Historical Society deems necessary and proper, for such time as is reasonably
126.31necessary for their restoration, after which they shall at once be again properly stored
126.32or displayed. The adjutant general or the Minnesota Historical Society shall provide
126.33adequate storage and display space for flags, standards, and guidons which have been
126.34repaired and restored.
127.1 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
127.2Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
127.3preserved under the care and control of the Minnesota Historical Society. They shall be
127.4suitably encased and marked, and, so far as the historical society may deem it consistent
127.5with the safety of the flags and colors, they shall be publicly displayed in the capitol.
127.6 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
127.7preserved under the care and control of the adjutant general. They shall be suitably
127.8encased and marked, and, so far as the adjutant general may deem it consistent with the
127.9safety of the flags and colors, shall be publicly displayed.
127.10 Sec. 2. [325E.65] SALE OF AMERICAN FLAGS.
127.11 No person in the business of offering goods at retail may sell or offer for sale in this
127.12state an American flag unless the flag was manufactured in the United States of America.
127.13EFFECTIVE DATE.This section is effective January 1, 2008.
127.14 Sec. 3. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
127.15 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
127.16installation seals and inspections which are sufficient to cover all costs incurred in the
127.17administration of sections327.31 to
327.35 . The commissioner shall also establish by
127.18rule a monitoring inspection fee in an amount that will comply with the secretary's fee
127.19distribution program. This monitoring inspection fee shall be an amount paid by the
127.20manufacturer for each manufactured home produced in Minnesota. The monitoring
127.21inspection fee shall be paid by the manufacturer to the secretary. The rules of the
127.22fee distribution program require the secretary to distribute the fees collected from all
127.23manufactured home manufacturers among states approved and conditionally approved
127.24based on the number of new manufactured homes whose first location after leaving the
127.25manufacturer is on the premises of a distributor, dealer or purchaser in that state.All
127.26money collected by the commissioner through fees prescribed by sections
327.31 to
127.27327.36 shall be deposited in the state government special revenue fund and is appropriated
127.28to the commissioner for the purpose of administering and enforcing the Manufactured
127.29Home Building Code under sections
327.31 to
327.36.
127.30 Sec. 4. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
127.31 Subd. 6. Authorization as agency. The commissioner shall apply to the secretary
127.32for approval of the commissioner as the administrative agency for the regulation of
127.33manufactured homes under the rules of the secretary. The commissioner may make
128.1rules for the administration and enforcement of department responsibilities as a state
128.2administrative agency including, but not limited to, rules for the handling of citizen's
128.3complaints. All money received for services provided by the commissioner or the
128.4department's authorized agents as a state administrative agency shall be deposited in
128.5thegeneral construction code fund. The commissioner is charged with the adoption,
128.6administration, and enforcement of the Manufactured Home Construction and Safety
128.7Standards, consistent with rules and regulations promulgated by the United States
128.8Department of Housing and Urban Development. The commissioner may adopt the
128.9rules, codes, and standards necessary to enforce the standards promulgated under this
128.10section. The commissioner is authorized to conduct hearings and presentations of views
128.11consistent with regulations adopted by the United States Department of Housing and
128.12Urban Development and to adopt rules in order to carry out this function.
128.13 Sec. 5. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
128.14 Subd. 7. Fees; licenses; when granted. Each application for a license or license
128.15renewal must be accompanied by a fee in an amount established by the commissioner
128.16by rule pursuant to section327B.10 . The fees shall be set in an amount which over
128.17the fiscal biennium will produce revenues approximately equal to the expenses which
128.18the commissioner expects to incur during that fiscal biennium while administering and
128.19enforcing sections327B.01 to
327B.12 . All money collected by the commissioner
128.20through fees prescribed in sections
327B.01 to
327B.12 shall be deposited in the state
128.21government special revenue fund and is appropriated to the commissioner for purposes of
128.22administering and enforcing the provisions of this chapter. The commissioner shall grant
128.23or deny a license application or a renewal application within 60 days of its filing. If the
128.24license is granted, the commissioner shall license the applicant as a dealer or manufacturer
128.25for the remainder of the calendar year. Upon application by the licensee, the commissioner
128.26shall renew the license for a two year period, if:
128.27 (a) the renewal application satisfies the requirements of subdivisions 3 and 4;
128.28 (b) the renewal applicant has made all listings, registrations, notices and reports
128.29required by the commissioner during the preceding year; and
128.30 (c) the renewal applicant has paid all fees owed pursuant to sections327B.01 to
128.31327B.12
and all taxes, arrearages, and penalties owed to the state.
128.32 Sec. 6. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
128.33 Subd. 8b. Family rental housing. It may establish a family rental housing
128.34assistance program to provide loans or direct rental subsidies for housing for families
129.1with incomes of up to 80 percent of state median income, or to provide grants for the
129.2operating cost of public housing. Priority must be given to those developments with
129.3resident families with the lowest income. The development may be financed by the
129.4agency or other public or private lenders. Direct rental subsidies must be administered by
129.5the agency for the benefit of eligible families. Financial assistance provided under this
129.6subdivision to recipients of aid to families with dependent children must be in the form
129.7of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
129.8this subdivision may be made only with specific appropriations by the legislature. The
129.9limitations on eligible mortgagors contained in section462A.03, subdivision 13 , do not
129.10apply to loans for the rehabilitation of existing housing under this subdivision.
129.11 Sec. 7. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
129.12 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
129.13this section must be used for challenge grants or loanswhich meet the requirements of this
129.14subdivision for housing proposals with financial or in-kind contributions from nonstate
129.15resources that reduce the need for deferred loan or grant funds from state resources.These
129.16Challenge grants or loans must be used for economically viable homeownership or rental
129.17housing proposals that:
129.18(1) include a financial or in-kind contribution from an area employer and either a unit
129.19of local government or a private philanthropic, religious, or charitable organization; and
129.20(2) address the housing needs of the local work force.
129.21 Among comparable proposals, preference must be given to proposals that include
129.22contributions from nonstate resources for the greatest portion of the total development
129.23cost. Comparable proposals with contributions from local units of government or private
129.24philanthropic, religious, or charitable organizations must be given preference in awarding
129.25grants or loans.
129.26 For the purpose of this subdivision,an employer a contribution may consist partially
129.27or wholly of the premium paid for federal housing tax credits.
129.28Preference for grants and loans shall also be given to comparable proposals that
129.29include a financial or in-kind contribution from a unit of local government, an area
129.30employer, and a private philanthropic, religious, or charitable organization.
129.31 Sec. 8. Minnesota Statutes 2006, section 469.021, is amended to read:
129.32469.021 PREFERENCES.
129.33 As between applicants equally in need and eligible for occupancy of a dwelling
129.34and at the rent involved, preference shall be given to disabled veterans, persons with
130.1disabilities, and families of service persons who died in service and to families of veterans.
130.2In admitting families of low income to dwelling accommodations in any housing project an
130.3authority shall, as far as is reasonably practicable, give consideration to applications from
130.4familiesto which aid for dependent children is payable receiving assistance under chapter
130.5256J, and to resident families to whom public assistance or supplemental security income
130.6for the aged, blind, and disabled is payable, when those families are otherwise eligible.
130.7 Sec. 9. WORK GROUP.
130.8 The commissioner of employment and economic development shall convene a work
130.9group to evaluate the impact of the money appropriated for wage incentives and how the
130.10wage incentive program works. The work group is to make recommendations to the
130.11legislature by January 15, 2008.
130.12 Sec. 10. EFFECTIVE DATE.
130.13 Unless another effective date is expressly provided, this act is effective July 1, 2007.
1.3development, and housing; establishing and modifying certain programs;
1.4providing for regulation of certain activities and practices; providing for
1.5accounts, assessments, and fees; changing codes and licensing provisions;
1.6providing penalties;amending Minnesota Statutes 2006, sections 13.7931,
1.7by adding a subdivision; 16B.61, subdivision 1a; 16B.63, subdivision 5;
1.816B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 116J.551, subdivision
1.91; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions
1.101, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04,
1.11subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116L.666,
1.12subdivision 1; 116M.18, subdivision 6a; 154.003; 177.27, subdivisions 1, 4, 8,
1.139, 10; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3, 4, 6, by adding a
1.14subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1;
1.15179A.04, subdivision 3; 181.932, subdivision 1; 181.935; 182.65, subdivision 2;
1.16190.096; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding
1.17a subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision;
1.18298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.242, subdivisions
1.193d, 5, 8, 11, by adding a subdivision; 326.2441; 326.37, subdivision 1, by adding
1.20a subdivision; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.405;
1.21326.42, subdivision 1; 326.46; 326.47, subdivision 2; 326.48, subdivisions 1,
1.222, by adding a subdivision; 326.50; 326.975, subdivision 1; 326.992; 327.33,
1.23subdivisions 2, 6; 327B.04, subdivision 7; 341.21, by adding a subdivision;
1.24341.22; 341.25; 341.27; 341.28, subdivision 2, by adding a subdivision; 341.32,
1.25subdivision 2; 341.321; 462.39, by adding a subdivision; 462A.21, subdivision
1.268b; 462A.33, subdivision 3; 469.021; 469.334; 471.471, subdivision 4; proposing
1.27coding for new law in Minnesota Statutes, chapters 116O; 154; 179; 181; 181A;
1.28182; 325E; 326; proposing coding for new law as Minnesota Statutes, chapter
1.29326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4;
1.3016C.18, subdivision 2; 176.042; 183.375, subdivision 5; 183.545, subdivision 9;
1.31268.035, subdivision 9; 326.241; 326.44; 326.45; 326.52; 326.64; 326.975.
1.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.4 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.6in this act.
| 2.13 |
Sec. 2. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS. |
||||||
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.
| 2.22 |
APPROPRIATIONS |
||||||
| 2.23 |
Available for the Year |
||||||
| 2.24 |
Ending June 30 |
||||||
| 2.25 |
2008 |
2009 |
|||||
| 2.26 2.27 |
Sec. 3. EMPLOYMENT AND ECONOMIC DEVELOPMENT |
||||||
| 2.28 |
Subdivision 1.Total Appropriation |
$ |
92,525,000 |
$ |
61,514,000 |
||
| 2.29 |
Appropriations by Fund |
||
| 2.30 |
2008 |
2009 |
|
| 2.31 |
General |
75,830,000 |
44,819,000 |
| 2.32 |
Remediation |
700,000 |
700,000 |
| 2.33 2.34 |
Workforce Development |
15,995,000 |
15,995,000 |
3.2purpose are specified in the following
3.3subdivisions.
| 3.4 3.5 |
Subd. 2.Business and Community Development |
39,492,000 |
8,639,000 |
||||
| 3.6 |
Appropriations by Fund |
||
| 3.7 |
General |
38,792,000 |
7,939,000 |
| 3.8 |
Remediation |
700,000 |
700,000 |
3.10the second year are from the general fund
3.11for a grant under Minnesota Statutes,
3.12section
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
4.10expended.
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
5.16Congress.
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) $300,000 the first year is for a grant to the
6.2city of Worthington for an agricultural-based
6.3bioscience training and testing center. Funds
6.4appropriated under this section must be used
6.5to provide a training and testing facility for
6.6incubator firms developing new agricultural
6.7processes and products. This is a onetime
6.8appropriation and is available until expended.
6.9(m) $1,750,000 the first year is for a onetime
6.10grant to BioBusiness Alliance of Minnesota
6.11for bioscience business development
6.12programs to promote and position the state
6.13as a global leader in bioscience business
6.14activities. These funds may be used for:
6.15(1) completion and periodic updating of
6.16a statewide bioscience business industry
6.17assessment of business technology
6.18enterprises and Minnesota's competitive
6.19position employing annual updates to federal
6.20industry classification data;
6.21(2) long-term strategic planning that includes
6.22projections of market changes resulting
6.23from developments in biotechnology and the
6.24development of 20-year goals, strategies, and
6.25identified objectives for renewable energy,
6.26medical devices, biopharma, and biologics
6.27business development in Minnesota;
6.28(3) the design and construction of a
6.29Minnesota focused bioscience business
6.30model to test competing strategies and
6.31scenarios, evaluate options, and forecast
6.32outcomes; and
6.33(4) creation of a bioscience business
6.34resources network that includes development
6.35of a statewide bioscience business economic
7.1development framework to encourage
7.2bioscience business development and
7.3encourage spin-off activities, attract
7.4bioscience business location or expansion in
7.5Minnesota, and establish a local capability to
7.6support strategic system level planning for
7.7industry, government, and academia.
7.8This appropriation is available until June 30,
7.92009.
7.10(n) $250,000 the first year is to develop and
7.11operate a bioscience business marketing
7.12program to market Minnesota bioscience
7.13businesses and business opportunities
7.14to other states and other countries. The
7.15bioscience business marketing program must
7.16emphasize bioscience business location and
7.17expansion opportunities in communities
7.18outside of the seven-county metropolitan
7.19area as defined in Minnesota Statutes,
7.20section 473.121, subdivision 2, that have
7.21established collaborative plans among two
7.22or more municipal units for bioscience
7.23business activities, and that are within 15
7.24miles of a four-year, baccalaureate degree
7.25granting institution or a two-year technical
7.26or community college that offers bioscience
7.27curricula. The commissioner must report
7.28to the committees of the senate and house
7.29of representatives having jurisdiction
7.30over bioscience and technology issues by
7.31February 1 of each year on the expenditures
7.32of these funds and the promotional activities
7.33undertaken to market the Minnesota
7.34bioscience industry to persons outside of the
7.35state. This is a onetime appropriation and is
7.36available until expended.
8.1(o) $325,000 is for a grant to the Walker
8.2Area Community Center, Inc., to construct,
8.3furnish, and equip the Walker Area
8.4Community Center. This appropriation is
8.5not available until the commissioner has
8.6determined that an amount sufficient to
8.7complete the project has been committed
8.8from nonstate sources. This is a onetime
8.9appropriation and is available until expended.
8.10(p) $100,000 the first year is for a grant
8.11to the Pine Island Economic Development
8.12Authority for predesign to upgrade and
8.13extend utilities to serve Elk Run Bioscience
8.14Research Park and The Falls - Healthy
8.15Living By Nature, an integrated medicine
8.16facility. This is a onetime appropriation and
8.17is available until expended.
8.18(q) $350,000 the first year is for a grant
8.19to Thomson Township for infrastructure
8.20improvements for the industrial park. This
8.21is a onetime appropriation and is available
8.22until expended.
8.23(r) $75,000 the first year is for a grant to
8.24Le Sueur County for the cost of cleaning
8.25up debris from lakes in Le Sueur County,
8.26caused by the August 24, 2006, tornado in
8.27southern Le Sueur County. This is a onetime
8.28appropriation and is available until expended.
8.29(s) $75,000 the first year is for a grant to
8.30the city of Warroad for new public facilities
8.31to replace those damaged or destroyed
8.32by the August 2006 tornado, including
8.33approximately 28 new street lights and
8.34underground electrical circuits and a new
8.35fish cleaning house. This is a onetime
9.1appropriation and is available until expended.
9.2If an appropriation for this purpose is enacted
9.3more than once in the 2007 session, the
9.4appropriation is effective only once.
9.5(t) $500,000 the first year is for a grant to
9.6the Upper Sioux Community to improve the
9.7current water system to ensure continuity
9.8of service to the entire population of the
9.9community and to meet the demands of the
9.10community expansion over the next 20 years.
9.11The is a onetime appropriation and is not
9.12available until the Public Facilities Authority
9.13has determined that at least $1,000,000 has
9.14been committed from nonstate sources. This
9.15appropriation is available until expended.
9.16(u) $755,000 the first year is for the urban
9.17challenge grant program under Minnesota
9.18Statutes, section 116M.18. This is a onetime
9.19appropriation.
9.20(v) $1,100,000 is for a grant to the
9.21Neighborhood Development Center for
9.22assistance necessary to retain minority
9.23business enterprises at the Global Market.
9.24This is a onetime appropriation and is
9.25available until expended.
9.26(w) $350,000 the first year is for a onetime
9.27grant to the city of Inver Grove Heights
9.28to reduce debt on the Inver Grove Heights
9.29Veterans Memorial Community Center.
9.30(x) $14,900,000 the first year is for the
9.31Minnesota minerals 21st century fund created
9.32in Minnesota Statutes, section 116J.423, to
9.33partially restore the money unallotted by the
9.34commissioner of finance in 2003 pursuant
9.35to Minnesota Statutes, section 16A.152.
10.1This appropriation may be used as provided
10.2in Minnesota Statutes, section 116J.423,
10.3subdivision 2. This appropriation is available
10.4until expended.
10.5(y) $2,500,000 the first year is for a grant to
10.6the city of St. Paul to be used to pay, redeem,
10.7or refund debt service costs incurred for the
10.8River Centre Campus.
10.9(z) $147,000 each year is appropriated from
10.10the general fund to the commissioner of
10.11employment and economic development for
10.12grants of $49,000 to eligible organizations
10.13each year and for the purposes of this
10.14paragraph. Each state grant dollar must be
10.15matched with $1 of nonstate funds. Any
10.16balance in the first year does not cancel but
10.17is available in the second year. The base for
10.18these grants in fiscal years 2010 and 2011
10.19is $189,000 each year, with each eligible
10.20organization receiving a $63,000 grant each
10.21year.
10.22The commissioner of employment and
10.23economic development must make grants to
10.24organizations to assist in the development
10.25of entrepreneurs and small businesses.
10.26Three grants must be awarded to continue
10.27or to develop a program. One grant must
10.28be awarded to the Riverbend Center for
10.29Entrepreneurial Facilitation in Blue Earth
10.30County, and two to other organizations
10.31serving Faribault and Martin Counties. Grant
10.32recipients must report to the commissioner
10.33by February 1 of each year that the
10.34organization receives a grant with the
10.35number of customers served; the number of
11.1businesses started, stabilized, or expanded;
11.2the number of jobs created and retained; and
11.3business success rates. The commissioner
11.4must report to the house of representatives
11.5and senate committees with jurisdiction
11.6over economic development finance on the
11.7effectiveness of these programs for assisting
11.8in the development of entrepreneurs and
11.9small businesses.
11.10(aa) $4,100,000 the first year is for grants
11.11under Minnesota Statutes, section 116J.8731,
11.12for the Minnesota investment fund program.
11.13Of this amount, up to $2,000,000 may
11.14be used for a legal reference office and
11.15data center facility, provided that the total
11.16capital investment in the facility is at least
11.17$60,000,000. This grant is not subject to
11.18grant limitations under Minnesota Statutes,
11.19section 116J.8731, subdivision 5. This is a
11.20onetime appropriation.
| 11.21 |
Subd. 3.Workforce Development |
50,024,000 |
49,833,000 |
||||
| 11.22 |
Appropriations by Fund |
||
| 11.23 |
General |
34,029,000 |
33,838,000 |
| 11.24 11.25 |
Workforce Development |
15,995,000 |
15,995,000 |
11.27the second year are from the general fund
11.28for the Minnesota job skills partnership
11.29program under Minnesota Statutes, sections
11.30
11.31either year is insufficient, the appropriation
11.32for the other year is available for it. This
11.33appropriation does not cancel.
11.34(b) $455,000 the first year and $455,000 the
11.35second year are from the general fund for
11.36a grant under Minnesota Statutes, section
12.1
12.2training to hard-to-train individuals.
12.3(c) $1,375,000 each year is from
12.4the workforce development fund for
12.5Opportunities Industrialization Center
12.6programs.
12.7(d) $5,614,000 each year is from the general
12.8fund and $6,920,000 each year is from the
12.9workforce development fund for extended
12.10employment services for persons with
12.11severe disabilities or related conditions under
12.12Minnesota Statutes, section 268A.15. Of this,
12.13$125,000 each year and in the base for fiscal
12.14years 2010 and 2011 is to supplement funds
12.15paid for wage incentives for the community
12.16support fund established in Minnesota Rules,
12.17part 3300.2045.
12.18(e) $1,650,000 the first year and $1,650,000
12.19the second year are from the general fund for
12.20grants for programs that provide employment
12.21support services to persons with mental
12.22illness under Minnesota Statutes, sections
12.23
12.24year may be used for administrative and
12.25salary expenses.
12.26(f) $2,440,000 the first year and $2,440,000
12.27the second year are from the general
12.28fund for grants under Minnesota Statutes,
12.29section
12.30for independent living. The base for this
12.31program is $2,190,000 each year in fiscal
12.32years 2010 and 2011. Money not expended
12.33the first year is available the second year.
12.34The commissioner must:
13.1(1) transfer $115,000 of federal independent
13.2living Part B rehabilitation services funds
13.3to the Minnesota Centers for Independent
13.4Living each year contingent upon the
13.5availability of federal funds under Title VII,
13.6Part B, of the Federal Rehabilitation Act of
13.71973 as amended under United States Code,
13.8title 29, section 711(c), and approved by the
13.9Statewide Independent Living Council;
13.10(2) replace federal Part B funds in the
13.11State Independent Living Council budget
13.12transferred under clause (1) with $115,000
13.13of Social Security Administration program
13.14income funds each year; and
13.15(3) provide an additional $185,000 each year
13.16from the Social Security Administration
13.17program income to the Minnesota Centers for
13.18Independent Living to be allocated equally
13.19among the eight centers.
13.20Additional funding for centers for
13.21independent living under clauses (1) and (3)
13.22must be used for core independent living
13.23services by the Centers for Independent
13.24Living. The Statewide Independent Living
13.25Council framework for statewide distribution
13.26of state and federal funding to the Minnesota
13.27Centers for Independent Living does not
13.28apply to the funds under clauses (1) and
13.29(3). The commissioner must report on the
13.30transfers in clauses (1), (2), and (3), and any
13.31other effort to pursue additional funding for
13.32the Centers for Independent Living to the
13.33standing committees of the senate and house
13.34of representatives having jurisdiction over
14.1Centers for Independent Living by March 15
14.2each year.
14.3(g) $5,940,000 the first year and $5,940,000
14.4the second year are from the general fund for
14.5state services for the blind activities.
14.6(h) $150,000 the first year and $150,000
14.7the second year are from the general fund
14.8and $175,000 the first year and $175,000
14.9the second year are from the workforce
14.10development fund for grants under Minnesota
14.11Statutes, section 268A.03, to Rise, Inc.
14.12for the Minnesota Employment Center for
14.13People Who are Deaf or Hard-of-Hearing.
14.14Money not expended the first year is
14.15available the second year.
14.16(i) $9,021,000 the first year and $9,021,000
14.17the second year are from the general fund for
14.18the state's vocational rehabilitation program
14.19for people with significant disabilities to
14.20assist with employment, under Minnesota
14.21Statutes, chapter 268A.
14.22(j) $350,000 the first year and $350,000
14.23the second year are from the workforce
14.24development fund for grants to provide
14.25interpreters for a regional transition program
14.26that specializes in providing culturally
14.27appropriate transition services leading to
14.28employment for deaf, hard-of-hearing, and
14.29deaf-blind students. This amount must be
14.30added to the department's base.
14.31(k) $150,000 the first year and $150,000 the
14.32second year are for a grant to Advocating
14.33Change Together for training, technical
14.34assistance, and resources materials to persons
15.1with developmental and mental illness
15.2disabilities.
15.3(l) $250,000 the first year and $250,000
15.4the second year are from the workforce
15.5development fund and $150,000 the first
15.6year and $100,000 the second year are from
15.7the general fund for a grant to Lifetrack
15.8Resources for its immigrant and refugee
15.9collaborative programs, including those
15.10related to job-seeking skills and workplace
15.11orientation, intensive job development,
15.12functional work English, and on-site job
15.13coaching. $50,000 of the first year general
15.14fund appropriation is for a onetime pilot
15.15Lifetrack project in Rochester.
15.16(m) $575,000 the first year and $575,000
15.17the second year are from the general fund
15.18and $500,000 the first year and $500,000
15.19the second year are from the workforce
15.20development fund for the youthbuild
15.21program under Minnesota Statutes, sections
15.22116L.361 to 116L.366. This appropriation
15.23may be used for:
15.24(1) restoring the three youthbuild programs
15.25that were eliminated due to budget reductions
15.26and adding seven more youthbuild programs
15.27statewide;
15.28(2) restoring funding levels for all youthbuild
15.29programs plus an inflationary increase for
15.30each program;
15.31(3) increasing the number of at-risk youth
15.32served by the youthbuild programs from 260
15.33youth per year to 500 youth per year; and
16.1(4) restoring the youthbuild focus on careers
16.2in technology and adding a youthbuild focus
16.3on careers in the medical field.
16.4(n) $1,325,000 each year is from the
16.5workforce development fund for grants
16.6to fund summer youth employment in
16.7Minneapolis. The grants shall be used to
16.8fund up to 500 jobs for youth each summer.
16.9Of this appropriation, $325,000 each year is
16.10for a grant to the learn-to-earn summer youth
16.11employment program. The commissioner
16.12shall establish criteria for awarding the
16.13grants. This appropriation is available in
16.14either year of the biennium and is available
16.15until spent.
16.16(o) $600,000 the first year and $600,000
16.17the second year are from the workforce
16.18development fund for a grant to the city of
16.19St. Paul for grants to fund summer youth
16.20employment in St. Paul. The grants shall be
16.21used to fund up to 500 jobs for youth each
16.22summer. The commissioner shall establish
16.23criteria for awarding the grants within the
16.24city of St. Paul. This appropriation is
16.25available in either year of the biennium and
16.26is available until spent.
16.27(p) $250,000 the first year and $250,000 the
16.28second year are from the general fund for
16.29grants to Northern Connections in Perham
16.30to implement and operate a pilot workforce
16.31program that provides one-stop supportive
16.32services to individuals as they transition into
16.33the workforce.
16.34(q) $100,000 each year is for a grant to
16.35Ramsey County Workforce Investment Board
17.1for the development of the building lives
17.2program. This is a onetime appropriation.
17.3(r) $150,000 each year is for a grant to the
17.4Hennepin-Carver Workforce Investment
17.5Board (WIB) to coordinate with the Partners
17.6for Progress Regional Skills Consortium
17.7to provide employment and training as
17.8demonstrated by the Twin Cities regional
17.9health care training partnership project.
17.10(s) $160,000 the first year is for a onetime
17.11grant to Workforce Development, Inc., for
17.12a pilot project to provide demand-driven
17.13employment and training services to
17.14welfare recipients and other economically
17.15disadvantaged populations in Mower,
17.16Freeborn, Dodge, and Steele Counties.
17.17(t) $200,000 the first year and $200,000 the
17.18second year are from the general fund for
17.19a grant to HIRED to operate its industry
17.20sector training initiatives, which provide
17.21employee training developed in collaboration
17.22with employers in specific, high-demand
17.23industries.
17.24(u) $100,000 the first year is for a onetime
17.25grant to a nonprofit organization. The
17.26nonprofit organization must work on behalf
17.27of all licensed vendors to coordinate their
17.28efforts to respond to solicitations or other
17.29requests from private and governmental units
17.30as defined in Minnesota Statutes, section
17.31471.59, subdivision 1, in order to increase
17.32employment opportunities for persons with
17.33disabilities.
17.34(v) $3,500,000 each year from the workforce
17.35development fund is for the Minnesota youth
18.1program under Minnesota Statutes, sections
18.2116L.56 and 116L.561.
18.3(w) $1,000,000 each year from the workforce
18.4development fund is for a grant to the
18.5Minnesota Alliance of Boys and Girls
18.6Clubs to administer a statewide project
18.7of youth job skills development. This
18.8project, which may have career guidance
18.9components, including health and life skills,
18.10is to encourage, train, and assist youth in
18.11job-seeking skills, workplace orientation,
18.12and job site knowledge through coaching.
18.13This grant requires a 25 percent match from
18.14nonstate resources.
18.15(x) $10,000 the first year is for a study on
18.16ways to promote employment opportunities
18.17for minorities, with a particular focus on
18.18opportunities for African Americans, in
18.19the state of Minnesota. The study should
18.20focus on how to significantly expand the job
18.21training available to minorities and promote
18.22substantial increases in the wages paid to
18.23minorities, at least to a rate well above living
18.24wage, and within several years, to equality.
18.25The commissioner must report on the study
18.26to the governor and the chair of the finance
18.27committee in each house of the legislature
18.28that has jurisdiction over employment by
18.29January 15, 2008, with recommendations for
18.30implementing the findings.
18.31(y) The commissioner must provide funding
18.32for the Minnesota Conservation Corps to
18.33provide learning stipends for deaf students
18.34and wages for interpreters participating in
18.35the MCC summer youth program.
| 19.1 |
Subd. 4.State-Funded Administration |
3,009,000 |
3,042,000 |
||||
19.3year of the biennium and in each year of
19.4subsequent bienniums into the contingent
19.5account created under Minnesota Statutes,
19.6section 268.196, subdivision 3, shall be
19.7transferred by June 30 of each fiscal year
19.8to the workforce development fund created
19.9under Minnesota Statutes, section 116L.20.
19.10Deposits in excess of $1,450,000 shall be
19.11transferred by June 30 of each fiscal year to
19.12the general fund.
| 19.13 |
Sec. 4. EXPLORE MINNESOTA TOURISM |
$ |
11,178,000 |
$ |
11,130,000 |
||
19.15involvement in tourism, $500,000 the first
19.16year and $500,000 the second year must
19.17be matched by Explore Minnesota Tourism
19.18from nonstate sources. Each $1 of state
19.19incentive must be matched with $3 of private
19.20sector funding. Cash match is defined as
19.21revenue to the state or documented cash
19.22expenditures directly expended to support
19.23Explore Minnesota Tourism programs. Up
19.24to one-half of the private sector contribution
19.25may be in-kind or soft match. The incentive
19.26in the first year shall be based on fiscal
19.27year 2007 private sector contributions as
19.28prescribed in Laws 2005, First Special
19.29Session chapter 1, article 3, section 6. The
19.30incentive increase in the second year will
19.31be based on fiscal year 2008 private sector
19.32contributions. This incentive is ongoing.
19.33Funding for the marketing grants is available
19.34either year of the biennium. Unexpended
20.1grant funds from the first year are available
20.2in the second year.
20.3Any unexpended money from the general
20.4fund appropriations made under this section
20.5does not cancel but must be placed in a
20.6special marketing account for use by Explore
20.7Minnesota Tourism for additional marketing
20.8activities.
20.9(b) $325,000 the first year and $325,000 the
20.10second year are for the Minnesota Film and
20.11TV Board. The appropriation in each year
20.12is available only upon receipt by the board
20.13of $1 in matching contributions of money or
20.14in-kind contributions from nonstate sources
20.15for every $3 provided by this appropriation.
20.16(c) $650,000 the first year and $650,000
20.17the second year are appropriated for a grant
20.18to the Minnesota Film and TV Board for
20.19the film jobs production program under
20.20Minnesota Statutes, section 116U.26. These
20.21appropriations are available in either year
20.22of the biennium and are available until
20.23expended.
20.24(d) $150,000 the first year is for a onetime
20.25grant to St. Louis County to be used for
20.26feasibility studies and planning activities
20.27concerning additional uses for the St. Louis
20.28County Heritage and Arts Center at the
20.29Duluth depot. The studies and planning
20.30activities must include:
20.31(1) examining the costs and benefits of
20.32relocating the Northeast Minnesota Office of
20.33Tourism to the Duluth depot;
20.34(2) establishing a heritage tourism center at
20.35the Duluth depot;
21.1(3) developing a multimodal operational plan
21.2integrating railroad and bus service; and
21.3(4) identifying additional services and
21.4activities that would contribute toward
21.5returning the Duluth depot to being a
21.6working railroad station and cultural gateway
21.7to Duluth and St. Louis County.
21.8This appropriation is available until
21.9expended.
| 21.10 |
Sec. 5. HOUSING FINANCE AGENCY |
||||||
| 21.11 |
Subdivision 1.Total Appropriation |
$ |
69,323,000 |
$ |
45,234,000 |
||
21.13purpose are specified in the following
21.14subdivisions.
21.15This appropriation is for transfer to the
21.16housing development fund for the programs
21.17specified. Except as otherwise indicated, this
21.18transfer is part of the agency's permanent
21.19budget base.
| 21.20 |
Subd. 2.Challenge Program |
24,622,000 |
9,622,000 |
||||
21.22challenge program under Minnesota Statutes,
21.23section
21.24(1) conserves energy and utilizes sustainable,
21.25healthy building materials;
21.26(2) preserves sensitive natural areas and
21.27open spaces and minimizes the need for new
21.28infrastructure;
21.29(3) is accessible to jobs and services through
21.30integration with transportation or transit
21.31systems; and
22.1(4) expands the mix of housing choices in
22.2a community by diversifying the levels of
22.3housing affordability.
22.4The agency may fund demonstration projects
22.5that have unique approaches to achieving the
22.6housing described in clauses (1) to (4).
| 22.7 |
Subd. 3.Housing Trust Fund |
13,555,000 |
8,555,000 |
||||
22.9created under Minnesota Statutes, section
22.10462A.201, and used for the purposes
22.11provided in that section.
| 22.12 |
Subd. 4.Rental Assistance for Mentally Ill |
2,638,000 |
2,638,000 |
||||
22.14persons with a mental illness or families with
22.15an adult member with a mental illness under
22.16Minnesota Statutes, section
22.17agency must not reduce the funding under
22.18this subdivision.
| 22.19 |
Subd. 5.Family Homeless Prevention |
7,465,000 |
7,465,000 |
||||
22.21assistance programs under Minnesota
22.22Statutes, section
22.23the first year does not cancel but is available
22.24in the second year.
| 22.25 |
Subd. 6.Home Ownership Assistance Fund |
885,000 |
885,000 |
||||
22.27under Minnesota Statutes, section 462A.21,
22.28subdivision 8.
| 22.29 |
Subd. 7.Affordable Rental Investment Fund |
11,496,000 |
8,996,000 |
||||
22.31program under Minnesota Statutes, section
22.32
23.1This appropriation is to finance the
23.2acquisition, rehabilitation, and debt
23.3restructuring of federally assisted rental
23.4property and for making equity take-out
23.5loans under Minnesota Statutes, section
23.6
23.7The owner of the federally assisted rental
23.8property must agree to participate in
23.9the applicable federally assisted housing
23.10program and to extend any existing
23.11low-income affordability restrictions on the
23.12housing for the maximum term permitted.
23.13The owner must also enter into an agreement
23.14that gives local units of government,
23.15housing and redevelopment authorities,
23.16and nonprofit housing organizations the
23.17right of first refusal if the rental property
23.18is offered for sale. Priority must be given
23.19among comparable federally assisted rental
23.20properties to properties with the longest
23.21remaining term under an agreement for
23.22federal rental assistance. Priority must also
23.23be given among comparable rental housing
23.24developments to developments that are or
23.25will be owned by local government units, a
23.26housing and redevelopment authority, or a
23.27nonprofit housing organization.
23.28This appropriation also may be used to
23.29finance the acquisition, rehabilitation, and
23.30debt restructuring of existing supportive
23.31housing properties. For purposes of this
23.32subdivision, "supportive housing" means
23.33affordable rental housing with links to
23.34services necessary for individuals, youth, and
23.35families with children to maintain housing
23.36stability.
24.1Of this amount, $2,500,000 is appropriated
24.2for the purposes of financing the
24.3rehabilitation and operating costs to preserve
24.4public housing. For purposes of this
24.5subdivision, "public housing" is housing for
24.6low-income persons and households financed
24.7by the federal government and owned and
24.8operated by public housing authorities and
24.9agencies. Eligible public housing authorities
24.10must have a public housing assessment
24.11system rating of standard or above. Priority
24.12among comparable proposals must be given
24.13to proposals that maximize federal or local
24.14resources to finance the capital and operating
24.15costs.
| 24.16 24.17 |
Subd. 8.Housing Rehabilitation and Accessibility |
5,587,000 |
4,287,000 |
||||
24.19accessibility program under Minnesota
24.20Statutes, section
24.21and 15a.
| 24.22 |
Subd. 9.Urban Indian Housing Program |
187,000 |
187,000 |
||||
24.24under Minnesota Statutes, section 462A.07,
24.25subdivision 15. The base is reduced by
24.26$7,000 each year in fiscal year 2010 and
24.27fiscal year 2011.
| 24.28 |
Subd. 10.Tribal Indian Housing Program |
1,683,000 |
1,394,000 |
||||
24.30under Minnesota Statutes, section 462A.07,
24.31subdivision 14. The base is reduced by
24.32$179,000 each year in fiscal year 2010 and
24.33fiscal year 2011.
| 24.34 24.35 |
Subd. 11.Home Ownership Education, Counseling, and Training |
865,000 |
865,000 |
||||
25.2counseling, and training program under
25.3Minnesota Statutes, section
| 25.4 |
Subd. 12.Capacity Building Grants |
340,000 |
340,000 |
||||
25.6under Minnesota Statutes, section
25.7subdivision 3b. The base is reduced by
25.8$90,000 each year in fiscal year 2010 and
25.9fiscal year 2011.
| 25.10 |
Sec. 6. LABOR AND INDUSTRY |
||||||
| 25.11 |
Subdivision 1.Total Appropriation |
$ |
22,909,000 |
$ |
23,174,000 |
||
| 25.12 |
Appropriations by Fund |
||
| 25.13 |
2008 |
2009 |
|
| 25.14 |
General |
1,069,000 |
1,024,000 |
| 25.15 25.16 |
Workers' Compensation |
21,076,000 |
21,371,000 |
| 25.17 25.18 |
Workforce Development |
764,000 |
779,000 |
25.20purpose are specified in the following
25.21subdivisions.
| 25.22 |
Subd. 2.Workers' Compensation |
10,360,000 |
10,617,000 |
||||
25.24compensation fund.
25.25Up to $200,000 the first year and up to
25.26$200,000 the second year are for grants
25.27to the Vinland Center for rehabilitation
25.28services. The grants shall be distributed as
25.29the department refers injured workers to
25.30the Vinland Center to receive rehabilitation
25.31services.
| 25.32 |
Subd. 3.Safety Codes and Services |
4,685,000 |
4,773,000 |
||||
25.34compensation fund.
26.1$500,000 the first year and $500,000
26.2the second year are from the workers'
26.3compensation fund for patient safe handling
26.4grants under Minnesota Statutes, section
26.5182.6553. This is a onetime appropriation
26.6and is available until expended.
| 26.7 |
Subd. 4.Labor Standards/Apprenticeship |
1,833,000 |
1,803,000 |
||||
| 26.8 |
Appropriations by Fund |
||
| 26.9 |
General |
1,069,000 |
1,024,000 |
| 26.10 26.11 |
Workforce Development |
764,000 |
779,000 |
26.13development fund is for the apprenticeship
26.14program under Minnesota Statutes, chapter
26.15178, and includes $100,000 each year for
26.16labor education and advancement program
26.17grants.
26.18$360,000 the first year and $300,000 the
26.19second year from the general fund are for
26.20prevailing wage enforcement of which
26.21$60,000 in the first year is for outreach and
26.22survey participation improvements.
| 26.23 |
Subd. 5.General Support |
6,031,000 |
5,981,000 |
||||
26.25compensation fund.
| 26.26 26.27 |
Sec. 7. BUREAU OF MEDIATION SERVICES |
||||||
| 26.28 |
Subdivision 1.Total Appropriation |
$ |
1,864,000 |
$ |
1,904,000 |
||
26.30purpose are specified in the following
26.31subdivisions.
| 26.32 |
Subd. 2.Mediation Services |
1,714,000 |
1,754,000 |
||||
| 26.33 26.34 |
Subd. 3.Labor Management Cooperation Grants |
150,000 |
150,000 |
||||
27.2the second year are for grants to area
27.3labor-management committees. Grants may
27.4be awarded for a 12-month period beginning
27.5July 1 of each year. Any unencumbered
27.6balance remaining at the end of the first
27.7year does not cancel but is available for the
27.8second year.
| 27.9 27.10 |
Sec. 8. WORKERS' COMPENSATION COURT OF APPEALS |
$ |
1,660,000 |
$ |
1,703,000 |
||
27.12compensation fund.
| 27.13 27.14 |
Sec. 9. MINNESOTA HISTORICAL SOCIETY |
||||||
| 27.15 |
Subdivision 1.Total Appropriation |
$ |
25,994,000 |
$ |
24,504,000 |
||
27.17purpose are specified in the following
27.18subdivisions. Of the appropriations,
27.19$500,000 the first year and $500,000 the
27.20second year are for increased building lease
27.21costs. These amounts are added to the
27.22department's base.
| 27.23 |
Subd. 2.Education and Outreach |
14,875,000 |
13,862,000 |
||||
27.25a onetime appropriation for the Minnesota
27.26Sesquicentennial Commission. Of this
27.27appropriation, $325,000 is for competitive
27.28matching grants for local events and projects;
27.29$325,000 is for planning and support of
27.30statewide activities, and up to $100,000 may
27.31be used for administration.
27.32The Minnesota Historical Society, the State
27.33Arts Board, and Explore Minnesota Tourism
28.1may assist the commission in designing and
28.2implementing the grants program.
28.3The commission shall encourage private
28.4contributions to match the state funds to the
28.5greatest extent possible. Any gifts, pledges,
28.6membership fees, or contributions received
28.7by the commission are appropriated to the
28.8commission.
28.9(b) $500,000 the first year is for a grant-in-aid
28.10program for county and local historical
28.11societies. The Minnesota Historical Society
28.12shall establish program guidelines and
28.13grant evaluation and award criteria for the
28.14program. Each dollar of state funds awarded
28.15to a grantee must be matched with nonstate
28.16funds on a dollar-for-dollar basis by a
28.17grantee. This is a onetime appropriation and
28.18is available until expended.
28.19(c) Notwithstanding Minnesota Statutes,
28.20section 138.668, the Minnesota Historical
28.21Society may not charge a fee for its general
28.22tours at the Capitol, but may charge fees for
28.23special programs other than general tours.
| 28.24 |
Subd. 3.Preservation and Access |
10,607,000 |
10,396,000 |
||||
28.26a conservation survey and for restoration,
28.27treatment, moving, and storage of the 1905
28.28historic furnishings and works of art in the
28.29Minnesota State Capitol. This is a onetime
28.30appropriation and is available until expended.
28.31(b) $150,000 the first year is for the
28.32preservation of battle flags. This is a onetime
28.33appropriation and is available until expended.
29.1(c) Funds may be reallocated between
29.2paragraphs (a) and (b) for the purpose of
29.3maximizing federal funds.
| 29.4 |
Subd. 4.Fiscal Agent |
||||||
| 29.5 |
(a) Minnesota International Center |
43,000 |
43,000 |
||||
| 29.6 |
(b) Minnesota Air National Guard Museum |
16,000 |
-0- |
||||
| 29.7 |
(c) Minnesota Military Museum |
100,000 |
-0- |
||||
| 29.8 |
(d) Farmamerica |
128,000 |
128,000 |
||||
| 29.9 |
(e) Balances Forward |
||||||
29.11this subdivision the first year does not cancel
29.12but is available for the second year of the
29.13biennium.
29.14(f) $75,000 the first year is for a onetime
29.15grant to the Nicollet County Historical
29.16Society for renovation of the center exhibit
29.17gallery in the Treaty Site History Center in
29.18St. Peter, including additions to the center's
29.19infrastructure and state-of-the-art interpretive
29.20elements. This appropriation is available
29.21until expended.
29.22(g) $75,000 the first year is for a grant to
29.23the Hmong Studies Center at Concordia
29.24University in St. Paul, Minnesota, to be
29.25used for preservation of Hmong historical
29.26artifacts and documents. Any part of the
29.27appropriation not used in fiscal year 2008 is
29.28available for use in fiscal year 2009. This is
29.29a onetime appropriation and is available until
29.30expended.
29.31(h) $75,000 the first year and $75,000 the
29.32second year are for a grant to the city of
29.33Eveleth to be used for the support of the
30.1Hockey Hall of Fame Museum provided
30.2that it continues to operate in the city. This
30.3grant is in addition to and must not be
30.4used to supplant funding under Minnesota
30.5Statutes, section 298.28, subdivision 9c. This
30.6appropriation is added to the society's base
30.7budget.
| 30.8 |
Subd. 5.Fund Transfer |
||||||
30.10reallocate funds appropriated in and between
30.11subdivisions 2 and 3 for any program
30.12purposes.
| 30.13 |
Subd. 6.Minnesota River Valley Study Group |
||||||
30.15cooperation with Explore Minnesota Tourism
30.16shall establish and coordinate a Minnesota
30.17River Valley study group. The Minnesota
30.18River Valley study group shall be comprised
30.19of representatives of the Minnesota Valley
30.20Scenic Byway Alliance, the Department
30.21of Natural Resources, the Department
30.22of Transportation, the Minnesota Indian
30.23Affairs Council, the Region 6 West, Region
30.246 East, Region 8 and Region 9 Regional
30.25Development Commissions, the Minnesota
30.26Historical Society, Explore Minnesota
30.27Tourism, State Arts Board, and other
30.28interested parties. The study group must
30.29develop a plan for coordinated activities
30.30among organizations represented on the
30.31study group to enhance and promote historic
30.32sites, and historic, scenic, and natural
30.33features of the Minnesota River Valley
30.34area. Study topics shall include, but are
30.35not limited to, historic sites related to the
31.1Dakota Conflict of 1862 and the state and
31.2local preparations for the sesquicentennial of
31.3this event. The Minnesota Historical Society
31.4and Explore Minnesota Tourism shall report
31.5on the findings and recommendations of
31.6the Minnesota River Valley study group to
31.7the standing committees of the house of
31.8representatives and senate with jurisdiction
31.9over historic sites and tourism by March 1,
31.102008. The Minnesota River Valley study
31.11group shall serve without compensation.
| 31.12 |
Sec. 10. BOARD OF THE ARTS |
||||||
| 31.13 |
Subdivision 1.Total Appropriation |
$ |
10,215,000 |
$ |
10,227,000 |
||
31.15insufficient, the appropriation for the other
31.16year is available.
31.17The amounts that may be spent for each
31.18purpose are specified in the following
31.19subdivisions.
| 31.20 |
Subd. 2.Operations and Services |
641,000 |
651,000 |
||||
| 31.21 |
Subd. 3.Grants Program |
6,617,000 |
6,617,000 |
||||
31.23year in the 2010-2011 biennium.
| 31.24 |
Subd. 4.Regional Arts Councils |
2,957,000 |
2,959,000 |
||||
| 31.25 |
Sec. 11. BOARD OF ACCOUNTANCY |
$ |
496,000 |
$ |
505,000 |
||
| 31.26 31.27 31.28 31.29 |
Sec. 12. BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN |
$ |
800,000 |
$ |
815,000 |
||
| 31.30 31.31 |
Sec. 13. BOARD OF BARBER AND COSMETOLOGIST EXAMINERS |
$ |
829,000 |
$ |
749,000 |
||
| 32.1 32.2 |
Sec. 14. MINNESOTA BOXING COMMISSION |
$ |
50,000 |
$ |
-0- |
||
32.4the commission to being a self-funded entity.
| 32.5 32.6 |
Sec. 15. MINNESOTA HUMANITIES COMMISSION |
$ |
250,000 |
$ |
250,000 |
||
32.8for lifelong learning programs in greater
32.9Minnesota communities that do not
32.10receive financial support from other large
32.11educational institutions. The base budget
32.12for the Minnesota Humanities Commission
32.13is $250,000 each year in the 2010-2011
32.14biennium.
| 32.15 |
Sec. 16. TRANSFERS |
||||||
32.17transfer $1,627,000 by June 30, 2008, and
32.18$1,515,000 by June 30, 2009, and each year
32.19thereafter, from the construction code fund to
32.20the general fund.
32.21Of the balance remaining in Laws 2005, First
32.22Special Session chapter 1, article 3, section
32.232, subdivision 2, for the methamphetamine
32.24laboratory cleanup revolving loan fund,
32.25$100,000 is for transfer to the small
32.26community wastewater treatment account
32.27established in Minnesota Statutes, section
32.28446A.075, subdivision 1.
32.31 Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a
32.32subdivision to read:
33.1 Subd. 5. Data from safety and education programs for loggers. The following
33.2data collected from persons who attend safety and education programs or seminars for
33.3loggers established or approved by the commissioner under section 176.130, subdivision
33.411, is public data:
33.5 (1) the names of the individuals attending the program or seminar;
33.6 (2) the names of each attendee's employer;
33.7 (3) the city where the employer is located;
33.8 (4) the date the program or seminar was held; and
33.9 (5) a description of the seminar or program.
33.10 Sec. 2. Minnesota Statutes 2006, section 16B.61, subdivision 1a, is amended to read:
33.11 Subd. 1a. Administration by commissioner. The commissioner shall administer
33.12and enforce the State Building Code as a municipality with respect to public buildings and
33.13state licensed facilities in the state. The commissioner shall establish appropriate permit,
33.14plan review,
33.15facilities.
33.16
33.17
33.18 Municipalities other than the state having an agreement with the commissioner
33.19for code administration and enforcement service for public buildings and state licensed
33.20facilities shall charge their customary fees, including surcharge, to be paid directly to the
33.21jurisdiction by the applicant seeking authorization to construct a public building or a state
33.22licensed facility. The commissioner shall sign an agreement with a municipality other than
33.23the state for plan review, code administration, and code enforcement service for public
33.24buildings and state licensed facilities in the jurisdiction if the building officials of the
33.25municipality meet the requirements of section
33.26and if the commissioner determines that the municipality has enough adequately trained
33.27and qualified building inspectors to provide those services for the construction project.
33.28 The commissioner may direct the state building official to assist a community that
33.29has been affected by a natural disaster with building evaluation and other activities related
33.30to building codes.
33.31 Administration and enforcement in a municipality under this section must apply
33.32any optional provisions of the State Building Code adopted by the municipality. A
33.33municipality adopting any optional code provision shall notify the state building official
33.34within 30 days of its adoption.
34.1 The commissioner shall administer and enforce the provisions of the code relating to
34.2elevators statewide, except as provided for under section
34.3 Sec. 3. Minnesota Statutes 2006, section 16B.65, subdivision 1, is amended to read:
34.4 Subdivision 1. Designation.
34.5a building official to administer the code. A municipality may designate no more than one
34.6building official responsible for code administration defined by each certification category
34.7established in rule. Two or more municipalities may combine in the designation of a
34.8building official for the purpose of administering the provisions of the code within their
34.9communities. In those municipalities for which no building officials have been designated,
34.10the state building official may use whichever state employees are necessary to perform
34.11the duties of the building official until the municipality makes a temporary or permanent
34.12designation. All costs incurred by virtue of these services rendered by state employees
34.13must be borne by the involved municipality and receipts arising from these services must
34.14be paid
34.15 Sec. 4. Minnesota Statutes 2006, section 16B.65, subdivision 5a, is amended to read:
34.16 Subd. 5a. Administrative action and penalties. The commissioner shall, by rule,
34.17establish a graduated schedule of administrative actions for violations of sections
34.18to
34.19reflect the culpability, frequency, and severity of the violator's actions. The commissioner
34.20may impose a penalty from the schedule on a certification holder for a violation of sections
34.22any criminal penalty imposed for the same violation.
34.23
34.24 Sec. 5. Minnesota Statutes 2006, section 16B.70, subdivision 2, is amended to read:
34.25 Subd. 2. Collection and reports. All permit surcharges must be collected by each
34.26municipality and a portion of them remitted to the state. Each municipality having a
34.27population greater than 20,000 people shall prepare and submit to the commissioner once
34.28a month a report of fees and surcharges on fees collected during the previous month
34.29but shall retain the greater of two percent or that amount collected up to $25 to apply
34.30against the administrative expenses the municipality incurs in collecting the surcharges.
34.31All other municipalities shall submit the report and surcharges on fees once a quarter
34.32but shall retain the greater of four percent or that amount collected up to $25 to apply
34.33against the administrative expenses the municipalities incur in collecting the surcharges.
35.1The report, which must be in a form prescribed by the commissioner, must be submitted
35.2together with a remittance covering the surcharges collected by the 15th day following
35.3the month or quarter in which the surcharges are collected.
35.4
35.5
35.6
35.7
35.8 Sec. 6. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
35.9 Subdivision 1. Grant account. A contaminated site cleanup and development
35.10grant account is created in the general fund. Money in the account may be used, as
35.11appropriated by law, to make grants as provided in section
35.12commissioner's costs in reviewing applications and making grants. Notwithstanding
35.13section
35.14available
35.15 Sec. 7. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
35.16 Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the
35.17following criteria are met:
35.18 (1) the site is not scheduled for funding during the current or next fiscal year under
35.19the Comprehensive Environmental Response, Compensation, and Liability Act, United
35.20States Code, title 42, section 9601, et seq. or under the Environmental Response, and
35.21Liability Act under sections
35.22
35.23
35.24
35.25
35.26
35.27
35.28
35.29improved with buildings or other improvements and these improvements will provide a
35.30substantial increase in the property tax base within a reasonable period of time or the site
35.31will be used for an important publicly owned or tax-exempt facility.
35.32 Sec. 8. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
36.1 Subdivision 1. Priorities. (a) The legislature expects that applications for grants
36.2will exceed the available appropriations and the agency will be able to provide grants to
36.3only some of the applicant development authorities.
36.4 (b) If applications for grants for qualified sites exceed the available appropriations,
36.5the agency shall make grants for sites that, in the commissioner's judgment, provide
36.6the highest return in public benefits for the public costs incurred and that meet all the
36.7requirements provided by law. In making this judgment, the commissioner shall consider
36.8the following factors:
36.9 (1) the recommendations or ranking of projects by the commissioner of the Pollution
36.10Control Agency regarding the potential threat to public health and the environment that
36.11would be reduced or eliminated by completion of each of the response action plans;
36.12 (2) the potential increase in the property tax base of the local taxing jurisdictions,
36.13considered relative to the fiscal needs of the jurisdictions, that will result from
36.14developments that will occur because of completion of each of the response action plans;
36.15 (3) the social value to the community of the cleanup and redevelopment of the site,
36.16including the importance of development of the proposed public facilities on each of
36.17the sites;
36.18 (4) the probability that each site will be cleaned up without use of government
36.19money in the reasonably foreseeable future by considering but not limited to the current
36.20market value of the site versus the cleanup cost;
36.21 (5) the amount of cleanup costs for each site; and
36.22 (6) the amount of the commitment of municipal or other local resources to pay for
36.23the cleanup costs.
36.24 The factors are not listed in a rank order of priority; rather the commissioner may
36.25weigh each factor, depending upon the facts and circumstances, as the commissioner
36.26considers appropriate. The commissioner may consider other factors that affect the net
36.27return of public benefits for completion of the response action plan. The commissioner,
36.28notwithstanding the listing of priorities and the goal of maximizing the return of public
36.29benefits, shall make grants that distribute available money to sites both within and outside
36.30of the metropolitan area. The commissioner shall provide a written statement of the
36.31supporting reasons for each grant. Unless sufficient applications are not received for
36.32qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
36.33as grants must be made for sites located outside of the metropolitan area.
36.34 Sec. 9. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
37.1 Subdivision 1. Commissioner discretion. The commissioner may make a grant for
37.2up to 50 percent of the eligible costs of a project. The determination of whether to make a
37.3grant for a site is within the discretion of the commissioner, subject to this section and
37.4sections
37.5account.
37.6
37.7
37.8application of the priorities under this section are not subject to judicial review, except
37.9for abuse of discretion.
37.10 Sec. 10. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
37.11 Subd. 1a. Priorities. (a) If applications for grants exceed the available
37.12appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
37.13the highest return in public benefits for the public costs incurred. "Public benefits" include
37.14job creation, bioscience development, environmental benefits to the state and region,
37.15efficient use of public transportation, efficient use of existing infrastructure, provision of
37.16affordable housing, multiuse development that constitutes community rebuilding rather
37.17than single-use development, crime reduction, blight reduction, community stabilization,
37.18and property tax base maintenance or improvement. In making this judgment, the
37.19commissioner shall give priority to redevelopment projects with one or more of the
37.20following characteristics:
37.21 (1) the need for redevelopment in conjunction with contamination remediation needs;
37.22 (2) the redevelopment project meets current tax increment financing requirements
37.23for a redevelopment district and tax increments will contribute to the project;
37.24 (3) the redevelopment potential within the municipality;
37.25 (4) proximity to public transit if located in the metropolitan area;
37.26 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
37.27and
37.28
37.29housing, transportation, and environmental impact.
37.30 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
37.31commissioner may weigh each factor, depending upon the facts and circumstances, as
37.32the commissioner considers appropriate. The commissioner may consider other factors
37.33that affect the net return of public benefits for completion of the redevelopment plan. The
37.34commissioner, notwithstanding the listing of priorities and the goal of maximizing the
37.35return of public benefits, shall make grants that distribute available money to sites both
38.1within and outside of the metropolitan area. Unless sufficient applications are not received
38.2for qualifying sites outside of the metropolitan area, at least 50 percent of the money
38.3provided as grants must be made for sites located outside of the metropolitan area.
38.4 Sec. 11. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
38.5 Subdivision 1. Generally. (a) The commissioner shall promote, develop, and
38.6facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
38.7addition to the powers granted by section
38.8 (1) locate, develop, and promote international markets for Minnesota products
38.9and services;
38.10 (2) arrange and lead trade missions to countries with promising international markets
38.11for Minnesota goods, technology, services, and agricultural products;
38.12 (3) promote Minnesota products and services at domestic and international trade
38.13shows;
38.14 (4) organize, promote, and present domestic and international trade shows featuring
38.15Minnesota products and services;
38.16 (5) host trade delegations and assist foreign traders in contacting appropriate
38.17Minnesota businesses and investments;
38.18 (6) develop contacts with Minnesota businesses and gather and provide information
38.19to assist them in locating and communicating with international trading or joint venture
38.20counterparts;
38.21 (7) provide information, education, and counseling services to Minnesota businesses
38.22regarding the economic, commercial, legal, and cultural contexts of international trade;
38.23 (8) provide Minnesota businesses with international trade leads and information
38.24about the availability and sources of services relating to international trade, such as
38.25export financing, licensing, freight forwarding, international advertising, translation, and
38.26custom brokering;
38.27 (9) locate, attract, and promote foreign direct investment and business development
38.28in Minnesota to enhance employment opportunities in Minnesota;
38.29 (10) provide foreign businesses and investors desiring to locate facilities in
38.30Minnesota information regarding sources of governmental, legal, real estate, financial, and
38.31business services;
38.32 (11) enter into contracts or other agreements with private persons and public entities,
38.33including agreements to establish and maintain offices and other types of representation in
38.34foreign countries, to carry out the purposes of promoting international trade and attracting
39.1investment from foreign countries to Minnesota and to carry out this section, without
39.2regard to section
39.3 (12) market trade-related materials to businesses and organizations, and the proceeds
39.4of which must be placed in a special revolving account and are appropriated to the
39.5commissioner to prepare and distribute trade-related materials.
39.6 (b) The programs and activities of the commissioner of employment and economic
39.7development and the Minnesota Trade Division may not duplicate programs and activities
39.8of the commissioner of agriculture.
39.9 (c) The commissioner shall notify the chairs of the senate Finance and house Ways
39.10and Means Committees of each agreement under this subdivision to establish and maintain
39.11an office or other type of representation in a foreign country.
39.12 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
39.13assistance to official visits by foreign government representatives and shall serve as liaison
39.14to the foreign diplomatic corps in Minnesota.
39.15 Sec. 12. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
39.16to read:
39.17 Subd. 4. Workforce development intermediaries. "Workforce development
39.18intermediaries" means public, private, or nonprofit entities that provide employment
39.19services to low-income individuals and have a demonstrated track record bringing together
39.20employers and workers, private and public funding streams, and other stakeholders to
39.21implement pathways to career advancement for low-income individuals. Entities may
39.22include, but are not limited to, nonprofit organizations, educational institutions, or the
39.23administrative entity of a local workforce service area.
39.24 Sec. 13. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
39.25 Subd. 1a. Pathways program. The pathways program may provide grants-in-aid
39.26for developing programs which assist in the transition of persons from welfare to work and
39.27assist individuals at or below 200 percent of the federal poverty guidelines. The program
39.28is to be operated by the board. The board shall consult and coordinate with program
39.29administrators at the Department of Employment and Economic Development to design
39.30and provide services for temporary assistance for needy families recipients.
39.31 Pathways grants-in-aid may be awarded to educational or other nonprofit training
39.32institutions or to workforce development intermediaries for education and training
39.33programs and services supporting education and training programs that serve eligible
39.34recipients.
40.1 Preference shall be given to projects that:
40.2 (1) provide employment with benefits paid to employees;
40.3 (2) provide employment where there are defined career paths for trainees;
40.4 (3) pilot the development of an educational pathway that can be used on a continuing
40.5basis for transitioning persons from welfare to work; and
40.6 (4) demonstrate the active participation of Department of Employment and
40.7Economic Development workforce centers, Minnesota State College and University
40.8institutions and other educational institutions, and local welfare agencies.
40.9 Pathways projects must demonstrate the active involvement and financial
40.10commitment of private business. Pathways projects must be matched with cash or in-kind
40.11contributions on at least a
40.12business.
40.13 A single grant to any one institution shall not exceed $400,000. A portion of a grant
40.14may be used for preemployment training.
40.15 Sec. 14. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
40.16 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
40.17have the meanings given them in this subdivision.
40.18 (b) "Commissioner" means the commissioner of employment and economic
40.19development.
40.20 (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
40.21time employment ceased or was working in the state at the time employment ceased and:
40.22 (1) has been permanently separated or has received a notice of permanent separation
40.23from public or private sector employment and is eligible for or has exhausted entitlement
40.24to unemployment benefits, and is unlikely to return to the previous industry or occupation;
40.25 (2) has been long-term unemployed and has limited opportunities for employment
40.26or reemployment in the same or a similar occupation in the area in which the individual
40.27resides, including older individuals who may have substantial barriers to employment by
40.28reason of age;
40.29 (3) has been terminated or has received a notice of termination of employment as a
40.30result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
40.31 (4) has been self-employed, including farmers and ranchers, and is unemployed as a
40.32result of general economic conditions in the community in which the individual resides or
40.33because of natural disasters; or
40.34
40.35has spent a substantial number of years in the home providing homemaking service and
41.1(i) has been dependent upon the financial support of another; and now due to divorce,
41.2separation, death, or disability of that person, must find employment to self support; or (ii)
41.3derived the substantial share of support from public assistance on account of dependents
41.4in the home and no longer receives such support.
41.5 To be eligible under this clause, the support must have ceased while the worker
41.6resided in Minnesota.
41.7 (d) "Eligible organization" means a state or local government unit, nonprofit
41.8organization, community action agency, business organization or association, or labor
41.9organization.
41.10 (e) "Plant closing" means the announced or actual permanent shutdown of a single
41.11site of employment, or one or more facilities or operating units within a single site of
41.12employment.
41.13 (f) "Substantial layoff" means a permanent reduction in the workforce, which is
41.14not a result of a plant closing, and which results in an employment loss at a single site
41.15of employment during any 30-day period for at least 50 employees excluding those
41.16employees that work less than 20 hours per week.
41.17 Sec. 15. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
41.18 Subdivision 1. Determination and collection of special assessment. (a) In addition
41.19to amounts due from an employer under the Minnesota unemployment insurance program,
41.20each employer, except an employer making reimbursements is liable for a special
41.21assessment levied at the rate of .10 percent per year
41.22all taxable wages, as defined in section
41.23
41.24
41.25schedule and in the same manner as other amounts due from an employer under section
41.27 (b) The special assessment levied under this section shall be subject to the same
41.28requirements and collection procedures as any amounts due from an employer under the
41.29Minnesota unemployment insurance program.
41.30 Sec. 16. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
41.31 Subdivision 1. Designation of workforce service areas. For the purpose of
41.32administering federal, state, and local employment and training services, the commissioner
41.33shall designate the geographic boundaries for workforce service areas in Minnesota.
41.34 The commissioner shall approve a request to be a workforce service area from:
42.1 (1) a home rule charter or statutory city with a population of 200,000 or more or a
42.2county with a population of 200,000 or more; or
42.3 (2) a consortium of contiguous home rule charter or statutory cities or counties
42.4with an aggregate population of 200,000 or more that serves a substantial part of one or
42.5more labor markets.
42.6 The commissioner may approve a request to be a workforce service area from a
42.7home rule charter or statutory city or a county or a consortium of contiguous home
42.8rule charter or statutory cities or counties, without regard to population, that serves a
42.9substantial portion of a labor market area.
42.10 The commissioner shall make a final designation of workforce service areas within
42.11the state after consulting with local elected officials and the governor's Workforce
42.12Development Council. Existing service delivery areas designated under the federal Job
42.13Training Partnership Act shall be initially designated as workforce service areas providing
42.14that no other petitions are submitted by local elected officials.
42.15 The commissioner may redesignate workforce service areas, upon the advice of
42.16the affected local elected officials, no more frequently than every two years. These
42.17redesignations must be made not later than four months before the beginning of a program
42.18year.
42.19 Sec. 17. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
42.20 Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
42.21corporation with which it has entered into an agreement under subdivision 1. These
42.22loans must be used to support a new or expanding business. This support may include
42.23such forms of financing as the sale of goods to the business on installment or deferred
42.24payments, lease purchase agreements, or royalty investments in the business. The interest
42.25rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
42.26the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
42.27nonprofit corporation may charge a loan origination fee equal to or less than one percent
42.28of the loan value. The nonprofit corporation may retain the amount of the origination fee.
42.29The nonprofit corporation must provide at least an equal match to the loan received by the
42.30board. The maximum loan available to the nonprofit corporation under this subdivision is
42.31$50,000. Loans made to the nonprofit corporation under this subdivision may be made
42.32without interest. Repayments made by the nonprofit corporation must be deposited in the
42.33revolving fund created for urban initiative grants.
43.1 Sec. 18. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
43.2PROGRAM.
43.3 Subdivision 1. Establishment; purpose. The small business growth acceleration
43.4program is established. The purpose of the program is to (1) help qualified companies
43.5implement technology and business improvements; and (2) bridge the gap between
43.6standard market pricing for technology and business improvements and what qualified
43.7companies can afford to pay.
43.8 Subd. 2. Qualified company. A company is qualified to receive assistance under
43.9the small business growth acceleration program if it is a manufacturing company or a
43.10manufacturing-related service company that employs 100 or fewer full-time equivalent
43.11employees.
43.12 Subd. 3. Applications for assistance. A company seeking assistance under the
43.13small business growth acceleration program must file an application according to the
43.14requirements of the corporation. A company's application for small business growth
43.15acceleration program assistance must include documentation of the company's overall plan
43.16for technology and business improvement and prioritize the components of the overall
43.17plan. The application must also document the company's need for small business growth
43.18acceleration program funds in order to carry forward the highest priority components of
43.19the plan.
43.20 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
43.21procedures for determining which applicants for assistance under the small business
43.22growth acceleration program will receive program funding. Funding shall be awarded
43.23only to accelerate a qualified company's adoption of needed technology or business
43.24improvements when the corporation concludes that it is unlikely the improvements could
43.25be accomplished in any other way.
43.26 (b) The maximum amount of funds awarded to a qualified company under the small
43.27business growth acceleration program for a particular project must not exceed 50 percent
43.28of the total cost of a project and must not under any circumstances exceed $25,000 during
43.29a calendar year. The corporation shall not award to a qualified company small business
43.30growth acceleration program funds in excess of $50,000 per year.
43.31 (c) Any funds awarded to a qualified company under the small business growth
43.32acceleration program must be used for business services and products that will enhance the
43.33operation of the company. These business services and products must come either directly
43.34from the corporation or from a network of expert providers identified and approved by
43.35the corporation. No company receiving small business growth acceleration program
44.1funds may use the funds for refinancing, overhead costs, new construction, renovation,
44.2equipment, or computer hardware.
44.3 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
44.4documented according to requirements of the corporation.
44.5 Subd. 5. Service agreements. The corporation shall enter a written service
44.6agreement with each company awarded funds under the small business growth acceleration
44.7program. Each service agreement shall clearly articulate the company's need for service,
44.8state the cost of the service, identify who will provide the service, and define the scope of
44.9the service that will be provided. The service agreement must also include an estimate
44.10of the financial impact of the service on the company and require the company to report
44.11the actual financial impact of the service to the corporation 24 months after the service is
44.12provided.
44.13 Subd. 6. Reporting. The corporation shall report annually to the legislative
44.14committees with fiscal jurisdiction over the Department of Employment and Economic
44.15Development:
44.16 (1) the funds awarded under the small business growth acceleration program during
44.17the past 12 months;
44.18 (2) the estimated financial impact of the funds awarded to each company receiving
44.19service under the program; and
44.20 (3) the actual financial impact of funds awarded during the past 24 months.
44.21 Sec. 19. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
44.22 Subdivision 1. Definition. For the purpose of this section, "employer" means an
44.23employer in the meatpacking industry.
44.24 Subd. 2. Right to adequate equipment. An employer must furnish its employees
44.25with equipment to safely perform their jobs under OSHA standards.
44.26 Subd. 3. Information provided to employee by employer. (a) An employer
44.27must provide an explanation in an employee's native language of the employee's rights
44.28and duties as an employee either person to person or through written materials that, at a
44.29minimum, include:
44.30 (1) a complete description of the salary and benefits plans as they relate to the
44.31employee;
44.32 (2) a job description for the employee's position;
44.33 (3) a description of leave policies;
44.34 (4) a description of the work hours and work hours policy; and
44.35 (5) a description of the occupational hazards known to exist for the position.
45.1 (b) The explanation must also include information on the following employee rights
45.2as protected by state or federal law and a description of where additional information
45.3about those rights may be obtained:
45.4 (1) the right to organize and bargain collectively and refrain from organizing and
45.5bargaining collectively;
45.6 (2) the right to a safe workplace; and
45.7 (3) the right to be free from discrimination.
45.8 Subd. 4. Commissioner duties. The commissioner of labor and industry in
45.9consultation with the commissioner of human rights must develop and implement a
45.10strategy to assist employers in providing adequate notice and education to employees of
45.11their rights under this section. The commissioner shall assign the duty to implement
45.12the strategy to a specific identified position in the department. The position, along with
45.13contact information, must be included on printed materials the department prepares and
45.14distributes to carry out the commissioner's duties under this section.
45.15 Sec. 20. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
45.16 Subd. 3. Other duties. (a) The commissioner shall:
45.17 (1) provide mediation services as requested by the parties until the parties reach
45.18agreement, and may continue to assist parties after they have submitted their final
45.19positions for interest arbitration;
45.20 (2) issue notices, subpoenas, and orders required by law to carry out duties under
45.21sections
45.22 (3) assist the parties in formulating petitions, notices, and other papers required to
45.23be filed with the commissioner;
45.24 (4) conduct elections;
45.25 (5) certify the final results of any election or other voting procedure conducted
45.26under sections
45.27 (6) adopt rules relating to the administration of this chapter and the conduct of
45.28hearings and elections;
45.29 (7) receive, catalogue, file, and make available to the public all decisions of
45.30arbitrators and panels authorized by sections
45.31decisions, and the commissioner's orders and decisions;
45.32 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
45.33section
45.34a contractual grievance procedure;
46.1 (9) maintain a schedule of state employee classifications or positions assigned to
46.2each unit established in section
46.3 (10) collect fees established by rule for empanelment of persons on the labor
46.4arbitrator roster maintained by the commissioner or in conjunction with fair share fee
46.5challenges. Arbitrator application fees will be $100 per year for initial applications and
46.6renewals effective July 1, 2007;
46.7 (11) provide technical support and assistance to voluntary joint labor-management
46.8committees established for the purpose of improving relationships between exclusive
46.9representatives and employers, at the discretion of the commissioner;
46.10 (12) provide to the parties a list of arbitrators as required by section
46.11subdivision 4
46.12 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
46.13representatives for the resolution of grievance or interest disputes. Each person on the
46.14list must be knowledgeable about collective bargaining and labor relations in the public
46.15sector, well versed in state and federal labor law, and experienced in and knowledgeable
46.16about labor arbitration. To the extent practicable, the commissioner shall appoint members
46.17to the list so that the list is gender and racially diverse.
46.18 (b) From the names provided by representative organizations, the commissioner
46.19shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
46.20according to section
46.21one of the following requirements:
46.22 (1) be a former or retired judge;
46.23 (2) be a qualified arbitrator on the list maintained by the bureau;
46.24 (3) be a present, former, or retired administrative law judge; or
46.25 (4) be a neutral individual who is learned in the law and admitted to practice in
46.26Minnesota, who is qualified by experience to conduct these hearings, and who is without
46.27bias to either party.
46.28 Each year, education Minnesota shall provide a list of up to 14 names and the
46.29Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
46.30The commissioner may adopt rules about maintaining and updating the list.
46.31 Sec. 21. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
46.32PRESENCE OF LIQUOR.
46.33 No minor under the age of 18 shall be employed in any rooms constituting the place
46.34in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
47.1tasks involving the serving, dispensing, or handling of such liquors that are consumed on
47.2the premises except that:
47.3 (1) minors who have reached the age of 16 may be employed to perform busing,
47.4dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or
47.5resort where the presence of intoxicating liquor is incidental to food service or preparation;
47.6 (2) minors who have reached the age of 16 may be employed to perform busing,
47.7dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas
47.8where the presence of 3.2 percent malt liquor is incidental to food service or preparation;
47.9 (3) minors who have reached the age of 16 may be employed to provide musical
47.10entertainment in those rooms or areas where the presence of intoxicating liquor and
47.11percent malt liquor is incidental to food service or preparation; and
47.12 (4) minors are not prevented from working at tasks which are not prohibited by law
47.13in establishments where liquor is sold, served, dispensed, or handled in those rooms or
47.14areas where no liquor is consumed or served.
47.15 Sec. 22. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
47.16 Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
47.17employers and employees of this state resulting from personal injuries and illnesses arising
47.18out of work situations is substantial; that the prevention of these injuries and illnesses is an
47.19important objective of the government of this state; that the greatest hope of attaining this
47.20objective lies in programs of research and education, and in the earnest cooperation of
47.21government, employers and employees; and that a program of regulation and enforcement
47.22is a necessary supplement to these more basic programs.
47.23 The legislature declares it to be its purpose and policy through the exercise of its
47.24powers to assure so far as possible every worker in the state of Minnesota safe and
47.25healthful working conditions and to preserve our human resources by:
47.26 (a) authorizing the Occupational Safety and Health Advisory Council to advise,
47.27consult with or recommend on any matters relating to the Minnesota occupational
47.28safety and health plan to the commissioner of labor and industry and by authorizing the
47.29commissioner of labor and industry to promulgate and enforce mandatory occupational
47.30safety and health standards applicable to employers and employees in the state of
47.31Minnesota;
47.32 (b) encouraging employers and employees to increase their efforts to reduce the
47.33number of occupational safety and health hazards at their places of employment, and to
47.34stimulate employers and employees to institute new and to perfect existing programs for
47.35providing safe and healthful working conditions;
48.1 (c) providing that employers and employees have separate but dependent
48.2responsibilities and rights with respect to achieving safe and healthful working conditions;
48.3 (d) providing for research in the field of occupational safety and health; including
48.4the psychological factors involved, and by developing innovative methods, techniques,
48.5and approaches for dealing with occupational safety and health problems;
48.6 (e) exploring ways to discover latent diseases, establishing causal connections
48.7between diseases and work in environmental conditions, and conducting other research
48.8relating to health problems, in recognition of the fact that occupational health standards
48.9present problems often different from those involved in occupational safety;
48.10 (f) utilizing advances already made by federal laws and regulations providing safe
48.11and healthful working conditions;
48.12 (g) providing criteria which will assure insofar as practicable that no employee
48.13will suffer diminished health, functional capacity, or life expectancy as a result of work
48.14experience;
48.15 (h) providing an effective enforcement program which shall include locating
48.16enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
48.17injuries, and complaints and a prohibition against giving advance notice of an inspection
48.18and sanctions for any individual violating this prohibition;
48.19 (i) providing for appropriate reporting procedures with respect to occupational
48.20safety and health, which procedures will help achieve the objectives of this chapter and
48.21accurately describe the nature of the occupational safety and health problem;
48.22 (j) encouraging joint labor-management efforts to reduce injuries and diseases
48.23arising out of employment;
48.24 (k) providing consultation to employees and employers which will aid them in
48.25complying with their responsibilities under this chapter where such consultation does not
48.26interfere with the effective enforcement of this chapter; and
48.27 (l) providing for training programs to increase the number and competence of
48.28personnel engaged in the field of occupational safety and health.
48.29 Sec. 23. [182.6551] CITATION.
48.30 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
48.31 Sec. 24. [182.6552] DEFINITIONS.
48.32 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
48.33individual doing the job of directly providing physical care to patients including nurses, as
48.34defined by section 148.171, who provide physical care to patients.
49.1 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
49.2section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
49.3subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
49.4 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
49.5scientific evidence on causes of injuries, that uses safe patient handling equipment rather
49.6than people to transfer, move, and reposition patients in all health care facilities to reduce
49.7workplace injuries. This process also reduces the risk of injury to patients.
49.8 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
49.9means engineering controls, lifting and transfer aids, or mechanical assistive devices used
49.10by nurses and other direct patient care workers instead of manual lifting to perform the
49.11acts of lifting, transferring, and repositioning health care facility patients and residents.
49.12 Sec. 25. [182.6553] SAFE PATIENT HANDLING PROGRAM.
49.13 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
49.14every licensed health care facility in the state shall adopt a written safe patient handling
49.15policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
49.16manual lifting of patients by nurses and other direct patient care workers by utilizing
49.17safe patient handling equipment.
49.18 (b) The program shall address:
49.19 (1) assessment of hazards with regard to patient handling;
49.20 (2) the acquisition of an adequate supply of appropriate safe patient handling
49.21equipment;
49.22 (3) initial and ongoing training of nurses and other direct patient care workers on
49.23the use of this equipment;
49.24 (4) procedures to ensure that physical plant modifications and major construction
49.25projects are consistent with program goals; and
49.26 (5) periodic evaluations of the safe patient handling program.
49.27 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
49.28health care facility in the state shall establish a safe patient handling committee either by
49.29creating a new committee or assigning the functions of a safe patient handling committee
49.30to an existing committee.
49.31 (b) Membership of a safe patient handling committee or an existing committee must
49.32meet the following requirements:
49.33 (1) at least half the members shall be nonmanagerial nurses and other direct patient
49.34care workers; and
50.1 (2) in a health care facility where nurses and other direct patient care workers
50.2are covered by a collective bargaining agreement, the union shall select the committee
50.3members proportionate to its representation of nonmanagerial workers, nurses, and other
50.4direct patient care workers.
50.5 (c) A health care organization with more than one covered health care facility may
50.6establish a committee at each facility or one committee to serve this function for all the
50.7facilities. If the organization chooses to have one overall committee for multiple facilities,
50.8at least half of the members of the overall committee must be nonmanagerial nurses and
50.9other direct patient care workers and each facility must be represented on the committee.
50.10 (d) Employees who serve on a safe patient handling committee must be compensated
50.11by their employer for all hours spent on committee business.
50.12 Subd. 3. Facilities with existing programs. A facility that has already adopted a
50.13safe patient handling policy that satisfies the requirements of subdivision 1, and established
50.14a safe patient handling committee by July 1, 2008, is considered to be in compliance
50.15with those requirements. The committee must continue to satisfy the requirements of
50.16subdivision 2, paragraph (b), on an ongoing basis.
50.17 Subd. 4. Committee duties. A safe patient handling committee shall:
50.18 (1) complete a patient handling hazard assessment that:
50.19 (i) considers patient handling tasks, types of nursing units, patient populations, and
50.20the physical environment of patient care areas;
50.21 (ii) identifies problems and solutions;
50.22 (iii) identifies areas of highest risk for lifting injuries; and
50.23 (iv) recommends a mechanism to report, track, and analyze injury trends;
50.24 (2) make recommendations on the purchase, use, and maintenance of an adequate
50.25supply of appropriate safe patient handling equipment;
50.26 (3) make recommendations on training of nurses and other direct patient care
50.27workers on use of safe patient handling equipment, initially when the equipment arrives at
50.28the facility and periodically afterwards;
50.29 (4) conduct annual evaluations of the safe patient handling implementation plan and
50.30progress toward goals established in the safe patient handling policy; and
50.31 (5) recommend procedures to ensure that, when remodeling of patient care areas
50.32occurs, the plans incorporate safe patient handling equipment or the physical space and
50.33construction design needed to accommodate safe patient handling equipment at a later date.
50.34 Subd. 5. Training materials. The commissioner shall make training materials on
50.35implementation of this section available to all health care facilities at no cost as part of the
50.36training and education duties of the commissioner under section 182.673.
51.1 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
51.2section 182.661. A violation of this section is subject to the penalties provided under
51.3section 182.666.
51.4 Subd. 7. Grant program. The commissioner may make grants to health care
51.5facilities to acquire safe patient handling equipment and for training on safe patient
51.6handling and safe patient handling equipment. Grants to any one facility may not exceed
51.7$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
51.8commissioner shall establish a grant application process. The commissioner may give
51.9priority for grants to facilities that demonstrate that acquiring safe patient handling
51.10equipment will impose a financial hardship on the facility. For health care facilities
51.11that provide evidence of hardship, the commissioner may waive the 50 percent match
51.12requirement and may grant such a facility more than $40,000. Health care facilities that
51.13the commissioner determines are experiencing hardship shall not be required to meet the
51.14safe patient handling requirements until July 1, 2012.
51.15 Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
51.16to read:
51.17 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
51.18must ensure that the telephone system used for unemployment insurance benefits provides
51.19an option for any caller to speak to an unemployment insurance specialist. An individual
51.20who calls any of the publicized telephone numbers seeking information about applying for
51.21benefits or on the status of a claim must have the option to speak on the telephone to a
51.22specialist who can provide direct assistance or can direct the caller to the person or office
51.23that is able to respond to the caller's needs.
51.24 Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
51.25 Subd. 13. Supported employment. (a) "Supported employment" means
51.26employment of a person with a disability so severe that the person needs ongoing training
51.27and support to get and keep a job in which:
51.28 (1) the person engages in paid work in a position removed from the service vendor's
51.29site where individuals without disabilities who do not require public subsidies also may
51.30be employed;
51.31 (2) public funds are necessary to provide ongoing training and support services
51.32throughout the period of the person's employment; and
51.33 (3) the person has the opportunity for social interaction with individuals who do not
51.34have disabilities and who are not paid caregivers.
52.1 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
52.2then employment at that site may be considered supported employment.
52.3 Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
52.4subdivision to read:
52.5 Subd. 14. Affirmative business enterprise employment. "Affirmative business
52.6enterprise employment" means employment which provides paid work on the premises of
52.7an affirmative business enterprise as certified by the commissioner.
52.8 Affirmative business enterprise employment is considered community employment
52.9for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
52.10that the wages for individuals reported must be at or above customary wages for the
52.11same employer. The employer must also provide one benefit package that is available to
52.12all employees.
52.13 Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
52.14 Subdivision 1. Appointment; membership. Every city, town, county, nonprofit
52.15corporation, or combination thereof establishing a rehabilitation facility shall appoint a
52.16rehabilitation facility board of no fewer than
52.17eligible for the assistance provided by sections
52.18town, or county singly establishes such a rehabilitation facility, the board shall be
52.19appointed by the chief executive officer of the city or the chair of the governing board
52.20of the county or town. When any combination of cities, towns, counties, or nonprofit
52.21corporations establishes a rehabilitation facility, the chief executive officers of the cities,
52.22nonprofit corporations, and the chairs of the governing bodies of the counties or towns
52.23shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
52.24facility, the corporation shall appoint the board of directors. Membership on a board
52.25shall be representative of the community served and shall include a person with a
52.26disability.
52.27
52.28
52.29
52.30
52.31
52.32
52.33and manages the program with county employees, the governing board shall be the county
53.1board of commissioners, and other provisions of this chapter pertaining to membership on
53.2the governing board do not apply.
53.3 Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
53.4subdivision to read:
53.5 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
53.6premises of a rehabilitation facility may be certified as an integrated setting after a site
53.7review by the department.
53.8 Sec. 31. [325E.60] RESTROOM ACCESS.
53.9 Subdivision 1. Short title. This section may be cited as the Restroom Access Act.
53.10 Subd. 2. Definitions. For purposes of this section:
53.11 (a) "Customer" means an individual who is lawfully on the premises of a retail
53.12establishment.
53.13 (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other
53.14inflammatory bowel disease, irritable bowel syndrome, or any other medical condition
53.15that requires immediate access to a restroom facility.
53.16 (c) "Retail establishment" means a place of business open to the general public for
53.17the sale of goods or services. Retail establishment does not include a filling station or
53.18service station with a structure of 800 square feet or less that has an employee restroom
53.19facility located within that structure.
53.20 Subd. 3. Retail establishment; customer access to restroom facilities. A retail
53.21establishment that has a restroom facility for its employees shall allow a customer to
53.22use that facility during normal business hours if the restroom facility is reasonably safe
53.23and all of the following conditions are met:
53.24 (1) the customer requesting the use of the employee restroom facility suffers from an
53.25eligible medical condition or uses an ostomy device, provided that the existence of the
53.26condition or device is documented in writing by the customer's physician or a nonprofit
53.27organization whose purpose includes serving individuals who suffer from the condition;
53.28 (2) three or more employees of the retail establishment are working at the time the
53.29customer requests use of the employee restroom facility;
53.30 (3) the retail establishment does not normally make a restroom available to the
53.31public;
53.32 (4) the employee restroom facility is not located in an area where providing access
53.33would create an obvious health or safety risk to the customer or an obvious security risk
53.34to the establishment; and
54.1 (5) a public restroom is not immediately accessible to the customer.
54.2 Subd. 4. Liability. (a) A retail establishment or an employee of a retail
54.3establishment is not civilly liable for an act or omission in allowing a customer who
54.4claims to have an eligible medical condition to use an employee restroom facility that is
54.5not a public restroom if the act or omission:
54.6 (1) is not negligent;
54.7 (2) occurs in an area of the retail establishment that is not accessible to the public; and
54.8 (3) results in an injury to or death of the customer or an individual other than an
54.9employee accompanying the customer.
54.10 (b) This section does not require a retail establishment to make any physical changes
54.11to an employee restroom facility.
54.12 Subd. 5. Violation. For a first violation of this section, the city or county attorney
54.13shall issue a warning letter to the retail establishment or employee informing the
54.14establishment or employee of the requirements of this section. A retail establishment or an
54.15employee of a retail establishment that violates this section after receiving a warning letter
54.16is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50.
54.17 Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
54.18to read:
54.19 Subd. 5. Local planning assistance. A regional development commission or,
54.20in regions not served by regional development commissions, a regional organization
54.21selected by the commissioner of employment and economic development, may develop a
54.22program to support planning on behalf of local units of government. The local planning
54.23must be related to issues of regional or statewide significance and may include, but is not
54.24limited to, the following:
54.25 (1) local planning and development assistance, which may include local zoning
54.26ordinances and land use plans;
54.27 (2) community or economic development plans, which may include workforce
54.28development plans, housing development plans and market analysis, JOBZ administration,
54.29grant writing assistance, and grant administration;
54.30 (3) environment and natural resources plans, which may include solid waste
54.31management plans, wastewater management plans, and renewable energy development
54.32plans;
54.33 (4) rural community health services; and
54.34 (5) development of geographical information systems to serve regional needs,
54.35including hardware and software purchases and related labor costs.
55.1 Each regional development commission or organization shall submit to the
55.2commissioner of employment and economic development an annual work program
55.3that outlines the work items for the upcoming year and establishes the relationship of
55.4the work items to development issues of regional or statewide significance. The entity
55.5completing the annual work program and identifying the statewide development issues
55.6shall consider input from the Departments of Employment and Economic Development,
55.7Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
55.8appropriate to the issues.
55.9 Sec. 33. Minnesota Statutes 2006, section 469.334, is amended to read:
55.10469.334 DESIGNATION OF ZONE.
55.11 Subdivision 1. Commissioner to designate. (a) The commissioner, in consultation
55.12with the commissioner of revenue and the director of the Office of Strategic and
55.13Long-Range Planning,
55.14industry zones. Priority must be given to applicants with a development plan that links a
55.15higher education/research institution with a biotechnology and health sciences industry
55.16facility.
55.17 (b) The commissioner may consult with the applicant prior to the designation of the
55.18zone. The commissioner may modify the development plan, including the boundaries
55.19of the zone or subzones, if in the commissioner's opinion a modified plan would better
55.20meet the objectives of the biotechnology and health sciences industry zone program. The
55.21commissioner shall notify the applicant of the modifications and provide a statement of
55.22the reasons for the modifications.
55.23 Subd. 2. Need indicators. (a) In evaluating applications to determine the need for
55.24designation of a biotechnology and health sciences industry zone, the commissioner shall
55.25consider the following factors as indicators of need:
55.26 (1) the extent to which land in proximity to a significant scientific research institution
55.27could be developed as a higher and better use for biotechnology and health sciences
55.28industry facilities;
55.29 (2) the amount of property in or near the zone that is deteriorated or underutilized;
55.30and
55.31 (3) the extent to which property in the area would remain underdeveloped or
55.32nonperforming due to physical characteristics.
55.33 (b) The commissioner may require applicants to provide data to demonstrate how
55.34the area meets one or more of the indicators of need.
56.1 Subd. 3. Success indicators. In determining the likelihood of success of a proposed
56.2zone, the commissioner shall consider:
56.3 (1) applicants that show a viable link between a higher education/research institution,
56.4the biotechnology and/or medical devices business sectors, and one or more units of
56.5local government with a development plan;
56.6 (2) the extent to which the area has substantial real property with adequate
56.7infrastructure and energy to support new or expanded development;
56.8 (3) the strength and viability of the proposed development goals, objectives, and
56.9strategies in the development plan;
56.10 (4) whether the development plan is creative and innovative in comparison to
56.11other applications;
56.12 (5) local public and private commitment to development of a biotechnology and
56.13health sciences industry facility or facilities in the proposed zone and the potential
56.14cooperation of surrounding communities;
56.15 (6) existing resources available to the proposed zone;
56.16 (7) how the designation of the zone would relate to other economic and community
56.17development projects and to regional initiatives or programs;
56.18 (8) how the regulatory burden will be eased for biotechnology and health sciences
56.19industry facilities located in the proposed zone;
56.20 (9) proposals to establish and link job creation and job training in the biotechnology
56.21and health sciences industry with research/educational institutions; and
56.22 (10) the extent to which the development is directed at encouraging, and that
56.23designation of the zone is likely to result in, the creation of high-paying jobs.
56.24 Subd. 4. Designation schedule. (a) The schedule in paragraphs (b) to (e) applies to
56.25the designation of the first biotechnology and health sciences industry zone.
56.26 (b) The commissioner shall publish the form for applications and any procedural,
56.27form, or content requirements for applications by no later than August 1, 2003. The
56.28commissioner may publish these requirements on the Internet, in the State Register, or by
56.29any other means the commissioner determines appropriate to disseminate the information
56.30to potential applicants for designation.
56.31 (c) Applications must be submitted by October 15, 2003.
56.32 (d) The commissioner shall designate the zones by no later than December 31, 2003.
56.33 (e) The designation of the zones takes effect January 1, 2004.
56.34 (f) Additional zones may be designated in later years,
56.35
56.36the commissioner of employment and economic development has established criteria for
57.1expanding the number of zones. The criteria must limit designating a new zone to a
57.2community that has adequate resources and infrastructure to support bioindustry, including
57.3postsecondary institutions, strong health care systems, and existing bioscience companies.
57.4It must also require that a new zone be located on a transportation corridor.
57.5 Sec. 34. WORKFORCE ENHANCEMENT FEE.
57.6 If the commissioner of employment and economic development determines that
57.7the need for services under the dislocated worker program substantially exceeds the
57.8resources that will be available for the program, the commissioner may increase the
57.9special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
57.10more than .12 percent of taxable wages.
57.11 Sec. 35. WORKING GROUP ON STATE ROLE IN TRADE POLICY.
57.12 Subdivision 1. Work group members. The Department of Employment and
57.13Economic Development must convene a working group to develop recommendations for
57.14establishing policies and procedures regarding the role of the state in federal trade policy
57.15and trade agreements. The working group must be comprised of 17 members as follows:
57.16 (1) the governor or his designee;
57.17 (2) the commissioner of the Department of Employment and Economic Development
57.18or his designee;
57.19 (3) the commissioner of the Department of Agriculture or his designee;
57.20 (4) the commissioner of the Department of Administration or his designee;
57.21 (5) the attorney general or her designee;
57.22 (6) two members of the Minnesota senate one of whom is appointed by the senate
57.23majority leader and one appointed by the minority leader;
57.24 (7) two members of the Minnesota house of representatives, one of whom is
57.25appointed by the speaker and one appointed by the minority leader;
57.26 (8) two members designated by the Minnesota AFL-CIO;
57.27 (9) two members representing labor organizations other than the AFL-CIO with one
57.28to be appointed by the speaker of the Minnesota house of representatives and one to be
57.29appointed by the majority leader of the Minnesota senate;
57.30 (10) two members designated by the Minnesota Chamber of Commerce; and
57.31 (11) two members representing business organizations other than the Minnesota
57.32Chamber of Commerce appointed by the governor.
57.33 The Department of Employment and Economic Development must provide
57.34administrative support to the working group.
58.1 Subd. 2. Duties; responsibilities. The working group may obtain input from other
58.2state and federal agencies as appropriate and may conduct public hearings to allow input
58.3from interested stakeholders. The working group must:
58.4 (1) determine the state's jurisdiction regarding federal trade policy and trade
58.5agreements;
58.6 (2) assess the state's current policies, procedures, roles and responsibilities for
58.7providing advice and consent on federal trade policy and trade agreements;
58.8 (3) review the current means through which the state interacts with the Office of
58.9the United States Trade Representative (USTR) and Congress regarding trade policy and
58.10trade agreements;
58.11 (4) inventory the federal trade policies and trade agreements that the state of
58.12Minnesota has formally approved or signed on to;
58.13 (5) examine trade policy models established by other states;
58.14 (6) develop recommendations for defining responsibilities and procedures for the
58.15state's role in federal trade policy and trade agreements; and
58.16 (7) prepare legislative recommendations to implement the recommendations of
58.17the working group.
58.18 The working group must report its findings and recommendations to the governor
58.19and the legislature by December 1, 2007.
58.20 Sec. 36. STUDY; SAFE PATIENT HANDLING.
58.21 (a) The commissioner of labor and industry shall study ways to require workers'
58.22compensation insurers to recognize compliance with Minnesota Statutes, section
58.23182.6553, in the workers' compensation premiums of health care and long-term care
58.24facilities. The commissioner shall report by January 15, 2008, the results of the study
58.25to the chairs of the policy committees of the legislature with primary jurisdiction over
58.26workers' compensation issues.
58.27 (b) By January 15, 2008, the commissioner must make recommendations to the
58.28legislature regarding funding sources available to health care facilities for safe patient
58.29handling programs and equipment, including, but not limited to, low interest loans, interest
58.30free loans, and federal, state, or county grants.
58.31 Sec. 37. WORK GROUP; SAFE PATIENT HANDLING.
58.32 The Minnesota State Council on Disability shall convene a work group comprised
58.33of representatives from the Minnesota Medical Association and other organizations
58.34representing clinics, disability advocates, and direct care workers, to do the following:
59.1 (1) assess the current options for and use of safe patient handling equipment in
59.2unlicensed outpatient clinics, physician offices, and dental settings;
59.3 (2) identify barriers to the use of safe patient handling equipment in these settings;
59.4and
59.5 (3) define clinical settings that move patients to determine applicability of the Safe
59.6Patient Handling Act.
59.7 The work group must report to the legislature by January 15, 2008, including
59.8reports to the chairs of the senate and house of representatives committees on workforce
59.9development.
59.10 Sec. 38. EFFECT ON RULES.
59.11 The commissioner of labor and industry shall amend Minnesota Rules, part
59.12
59.13may use the good cause exemption in Minnesota Statutes, section
59.14the amendment required by this section.
59.15 Sec. 39. PUBLIC FACILITIES AUTHORITY FUNDING.
59.16 To the greatest practical extent, projects on the Public Facilities Authority's 2007
59.17intended use plan, the listings for which were based on the Pollution Control Agency's
59.182006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
59.19qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
59.20section 21, that could not be certified by the Pollution Control Agency by the applicable
59.21deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
59.22issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
59.23obtain the required certification from the Pollution Control Agency.
59.24 Sec. 40. REPEALER.
59.25(a) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision
59.262; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; and 326.64,
59.27are repealed.
59.28(b) Minnesota Statutes 2006, section 326.975, is repealed effective December
59.291, 2007.
59.32 Section 1. Minnesota Statutes 2006, section 16B.63, subdivision 5, is amended to read:
60.1 Subd. 5. Interpretative authority. To achieve uniform and consistent application
60.2of the State Building Code, the
60.3authority applicable to all codes adopted as part of the State Building Code except
60.4for the Plumbing Code and the Electrical Code
60.5
60.6of three building officials, two inspectors from the affected field, and two construction
60.7industry representatives, shall review requests for final interpretations relating to that field
60.8for which the commissioner has final interpretative authority.
60.9Board has final interpretative authority applicable to the state Plumbing Code and shall
60.10review requests for final interpretation made to the board that relate to the state plumbing
60.11code. The Board of Electricity has final interpretative authority applicable to the state
60.12Electrical Code and shall review requests for final interpretation made to the board that
60.13relate to the state Electrical Code. The Board of High Pressure Piping Systems has final
60.14interpretative authority applicable to the state High Pressure Piping Code and shall review
60.15requests for final interpretation made to the board that relate to the state high pressure
60.16piping code. Except for requests for final interpretations that relate to the state plumbing
60.17code, the state Electrical Code, and the state High Pressure Piping Code, requests for final
60.18interpretation must come from a local or state level building code board of appeals. The
60.19
60.20interpretative committees. The appropriate committee shall review the request and make
60.21a recommendation to the
60.22within 30 days of the request. The
60.23interpretation within ten business days
60.24the
60.25or the Board of High Pressure Piping Systems shall review a request and issue a final
60.26interpretation within 30 days of the request. Any person aggrieved by final interpretation
60.27may
60.28
60.29must be published within ten business days of its issuance and made available to the
60.30public. Municipal building officials shall administer all final interpretations issued by
60.31the
60.32the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High
60.33Pressure Piping Systems for adoption as part of the State Building Code, state Plumbing
60.34Code, state Electrical Code, or the High Pressure Piping Code.
61.1 Sec. 2. Minnesota Statutes 2006, section 154.003, is amended to read:
61.2154.003 FEES.
61.3 (a) The fees collected, as required in this chapter, chapter 214, and the rules of the
61.4board, shall be paid to the executive secretary of the board. The executive secretary shall
61.5deposit the fees in the general fund in the state treasury.
61.6 (b) The board shall charge the following fees:
61.7 (1) examination and certificate, registered barber, $65;
61.8 (2) examination and certificate, apprentice, $60;
61.9 (3) examination, instructor, $160;
61.10 (4) certificate, instructor, $45;
61.11 (5) temporary teacher or apprentice permit, $50;
61.12 (6) renewal of license, registered barber, $50;
61.13 (7) renewal of license, apprentice, $45;
61.14 (8) renewal of license, instructor, $60;
61.15 (9) renewal of temporary teacher permit, $35;
61.16 (10) student permit, $25;
61.17 (11) initial shop registration, $60;
61.18 (12) initial school registration, $1,010;
61.19 (13) renewal shop registration, $60;
61.20 (14) renewal school registration, $260;
61.21 (15) restoration of registered barber license, $75;
61.22 (16) restoration of apprentice license, $70;
61.23 (17) restoration of shop registration, $85;
61.24 (18) change of ownership or location, $35;
61.25 (19) duplicate license, $20;
61.26 (20) home study course, $75; and
61.27 (21) registration of hair braiders, $20 per year.
61.28 Sec. 3. [154.465] HAIR BRAIDING.
61.29 Subdivision 1. Registration. Any person engaged in hair braiding solely for
61.30compensation as a profession, except persons licensed as cosmetologists, shall register
61.31with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
61.32by the board.
61.33 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
61.34results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
61.35locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
62.1fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
62.2hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
62.3includes what is commonly known as "African-style hair braiding" or "natural hair care"
62.4but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
62.5Hair braiding includes the making of customized wigs from natural hair, natural fibers,
62.6synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
62.7as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
62.8involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
62.9chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
62.10or chemical hair bleaching agents applied to growing human hair. For purposes of this
62.11section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
62.12rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
62.13are required solely for hair braiding.
62.14 Subd. 3. Requirements. In order to qualify for initial registration, any person
62.15engaged in hair braiding solely for compensation as a profession, except persons licensed
62.16as cosmetologists, shall satisfactorily complete instruction at either an accredited school,
62.17professional association, or by an individual approved by the board. Instruction includes
62.18coursework covering the topics of health, safety, sanitation, and state laws related to
62.19cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in
62.20a foreign language format and such availability shall be reported to and posted by the
62.21Minnesota Board of Barber and Cosmetology Examiners.
62.22 Subd. 4. Curriculum. An accredited school, professional association, or an
62.23individual approved by the board desiring to provide the coursework required under
62.24subdivision 3 shall have curriculum in place by January 1, 2008.
62.25EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
62.26effective the day following final enactment.
62.27 Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
62.28 Subdivision 1. Examination of records. The commissioner may enter during
62.29reasonable office hours or upon request and inspect the place of business or employment of
62.30any employer of employees working in the state, to examine and inspect books, registers,
62.31payrolls, and other records of any employer that in any way relate to wages, hours, and
62.32other conditions of employment of any employees. The commissioner may transcribe any
62.33or all of the books, registers, payrolls, and other records as the commissioner deems
62.34necessary or appropriate and may question the employees to ascertain compliance with
62.35sections
63.1complaints by an employee against an employer if the failure to pay a wage may violate
63.2Minnesota law or an order or rule of the department.
63.3 Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
63.4 Subd. 4. Compliance orders. The commissioner may issue an order requiring an
63.5employer to comply with sections
63.7any rule promulgated under section
63.8the employer or the employer's authorized representative in person or by certified mail
63.9at the employer's place of business. An employer who wishes to contest the order must
63.10file written notice of objection to the order with the commissioner within 15 calendar
63.11days after being served with the order. A contested case proceeding must then be held
63.12in accordance with sections
63.13served with the order, the employer fails to file a written notice of objection with the
63.14commissioner, the order becomes a final order of the commissioner.
63.15 Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
63.16 Subd. 8. Court actions; suits brought by private parties. An employee may bring
63.17a civil action seeking redress for a violation or violations of sections
63.18177.44 directly to district court. An employer who pays an employee less than the wages
63.19and overtime compensation to which the employee is entitled under sections
63.21overtime compensation, less any amount the employer is able to establish was actually
63.22paid to the employee and for an additional equal amount as liquidated damages. In
63.23addition, in an action under this subdivision the employee may seek damages and other
63.24appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
63.25between the employee and the employer to work for less than the applicable wage is not
63.26a defense to the action.
63.27 Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
63.28 Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
63.29be filed in the district court of the county wherein a violation or violations of sections
63.31or has a principal place of business, or any other court of competent jurisdiction. The
63.32action may be brought by one or more employees.
64.1 Sec. 8. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
64.2 Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8,
64.3the court shall order an employer who is found to have committed a violation or violations
64.4of sections
64.5disbursements, witness fees, and attorney fees.
64.6 Sec. 9. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
64.7 Subdivision 1. General authority. The commissioner may adopt rules, including
64.8definitions of terms, to carry out the purposes of sections
64.9prevent the circumvention or evasion of those sections, and to safeguard the minimum
64.10wage and overtime rates established by sections
64.11 Sec. 10. Minnesota Statutes 2006, section 177.30, is amended to read:
64.12177.30 KEEPING RECORDS; PENALTY.
64.13 Every employer subject to sections
64.14record of:
64.15 (1) the name, address, and occupation of each employee;
64.16 (2) the rate of pay, and the amount paid each pay period to each employee;
64.17 (3) the hours worked each day and each workweek by the employee;
64.18 (4) for each employer subject to sections 177.41 to 177.44, and while performing
64.19work on public works projects funded in whole or in part with state funds, the prevailing
64.20wage master job classification of each employee working on the project for each hour
64.21worked; and
64.22
64.23enforce sections
64.24premises where an employee works except each employer subject to sections 177.41 to
64.25177.44, and while performing work on public works projects funded in whole or in part
64.26with state funds, the records must be kept for three years after the contracting authority
64.27has made final payment on the public works project.
64.28 The commissioner may fine an employer up to $1,000 for each failure to maintain
64.29records as required by this section. This penalty is in addition to any penalties provided
64.30under section
64.31this subdivision, the appropriateness of such penalty to the size of the employer's business
64.32and the gravity of the violation shall be considered.
64.33 Sec. 11. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
65.1 Subd. 3. Contract requirements. The contract must specifically state the prevailing
65.2wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
65.3provide that the contracting agency shall demand, and the contractor and subcontractor
65.4shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days
65.5after the end of each pay period. The payrolls must contain all the data required by section
65.6177.30. The contracting authority may examine all records relating to wages paid laborers
65.7or mechanics on work to which sections 177.41 to 177.44 apply.
65.8 Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
65.9 Subd. 4. Determination by commissioner; posting; petition for reconsideration.
65.10 The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
65.11trades and occupations required in any project must be ascertained before the state asks for
65.12bids. The commissioner of labor and industry shall investigate as necessary to ascertain
65.13the information.
65.14on a public project shall keep the information posted on the project in at least one
65.15conspicuous place for the information of the employees working on the project. A person
65.16aggrieved by a final determination of the commissioner may petition the commissioner for
65.17reconsideration of findings. A person aggrieved by a decision of the commissioner after
65.18reconsideration may, within 20 days after the decision, petition the commissioner for a
65.19public hearing in the manner of a contested case under sections
65.20 Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
65.21 Subd. 6. Examination of records; investigation by the department. The
65.22Department of Labor and Industry shall enforce this section. The department may
65.23demand, and the contractor and subcontractor shall furnish to the department, copies
65.24of any or all payrolls. The department may examine all records relating to wages paid
65.25laborers or mechanics on work to which sections
65.26shall employ at least three investigators to perform on-site project reviews, receive and
65.27investigate complaints of violations of this section, and conduct training and outreach to
65.28contractors and contracting authorities for public works projects financed in whole or
65.29in part with state funds.
65.30 Sec. 14. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
65.31to read:
65.32 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
65.33employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
66.1177.44, the commissioner shall issue a withholding order to the contracting authority
66.2ordering the contracting authority to withhold payment of sufficient sum to the prime
66.3or general contractor on the project to satisfy the back wages assessed or otherwise
66.4cure the violation, and the contracting authority must withhold the sum ordered until
66.5the compliance order has become a final order of the commissioner and has been fully
66.6paid or otherwise resolved by the employer.
66.7 During an investigation of a violation of sections 177.41 to 177.44 which the
66.8commissioner reasonably determines is likely to result in the finding of a violation of
66.9sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
66.10177.27, subdivision 4, the commissioner may notify the contracting authority of the
66.11determination and the amount expected to be assessed and the contracting authority shall
66.12give the commissioner 90 days' prior notice of the date the contracting authority intends to
66.13make final payment.
66.14 Sec. 15. [181.723] INDEPENDENT CONTRACTORS.
66.15 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
66.16 (a) "Person" means any individual, limited liability corporation, corporation,
66.17partnership, incorporated or unincorporated association, sole proprietorship, joint stock
66.18company, or any other legal or commercial entity.
66.19 (b) "Department" means the Department of Labor and Industry.
66.20 (c) "Commissioner" means the commissioner of labor and industry or a duly
66.21designated representative of the commissioner who is either an employee of the
66.22Department of Labor and Industry or person working under contract with the Department
66.23of Labor and Industry.
66.24 (d) "Individual" means a human being.
66.25 (e) "Day" means calendar day unless otherwise provided.
66.26 (f) "Knowingly" means knew or could have known with the exercise of reasonable
66.27diligence.
66.28 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
66.29contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
66.30records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
66.31maintained in any form or manner.
66.32 Subd. 2. Limited application. This section only applies to individuals performing
66.33public or private sector commercial or residential building construction or improvement
66.34services.
67.1 Subd. 3. Employee-employer relationship. Except as provided in subdivision
67.24, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
67.3individual who performs services for a person that are in the course of the person's trade,
67.4business, profession, or occupation is an employee of that person and that person is an
67.5employer of the individual.
67.6 Subd. 4. Independent contractor. An individual is an independent contractor and
67.7not an employee of the person for whom the individual is performing services in the course
67.8of the person's trade, business, profession, or occupation only if (1) the individual holds
67.9a current independent contractor exemption certificate issued by the commissioner; and
67.10(2) the individual is performing services for the person under the independent contractor
67.11exemption certificate as provided in subdivision 6. The requirements in clauses (1) and (2)
67.12must be met in order to qualify as an independent contractor and not as an employee of
67.13the person for whom the individual is performing services in the course of the person's
67.14trade, business, profession, or occupation.
67.15 Subd. 5. Application. To obtain an independent contractor exemption certificate,
67.16the individual must submit, in the manner prescribed by the commissioner, a complete
67.17application and the certificate fee required under subdivision 14.
67.18 (a) A complete application must include all of the following information:
67.19 (1) the individual's full name;
67.20 (2) the individual's residence address and telephone number;
67.21 (3) the individual's business name, address, and telephone number;
67.22 (4) the services for which the individual is seeking an independent contractor
67.23exemption certificate;
67.24 (5) the individual's Social Security number;
67.25 (6) the individual's or the individual's business federal employer identification
67.26number, if a number has been issued to the individual or the individual's business;
67.27 (7) any information or documentation that the commissioner requires by rule that
67.28will assist the department in determining whether to grant or deny the individual's
67.29application; and
67.30 (8) the individual's sworn statement that the individual meets all of the following
67.31conditions:
67.32 (i) maintains a separate business with the individual's own office, equipment,
67.33materials, and other facilities;
67.34 (ii) holds or has applied for a federal employer identification number or has filed
67.35business or self-employment income tax returns with the federal Internal Revenue Service
68.1if the person has performed services in the previous year for which the individual is
68.2seeking the independent contractor exemption certificate;
68.3 (iii) operates under contracts to perform specific services for specific amounts of
68.4money and under which the individual controls the means of performing the services;
68.5 (iv) incurs the main expenses related to the service that the individual performs
68.6under contract;
68.7 (v) is responsible for the satisfactory completion of services that the individual
68.8contracts to perform and is liable for a failure to complete the service;
68.9 (vi) receives compensation for service performed under a contract on a commission
68.10or per-job or competitive bid basis and not on any other basis;
68.11 (vii) may realize a profit or suffer a loss under contracts to perform service;
68.12 (viii) has continuing or recurring business liabilities or obligations; and
68.13 (ix) the success or failure of the individual's business depends on the relationship of
68.14business receipts to expenditures.
68.15 (b) Individuals who are applying for or renewing a residential building contractor
68.16or residential remodeler license under sections 326.83 to 326.992 and any rules
68.17promulgated pursuant thereto may simultaneously apply for or renew an independent
68.18contractor exemption certificate. The commissioner shall create an application form
68.19that allows for the simultaneous application for both a residential building contractor
68.20or residential remodeler license and an independent contractor exemption certificate.
68.21If individuals simultaneously apply for or renew a residential building contractor or
68.22residential remodeler license and an independent contractor exemption certificate using
68.23the form created by the commissioner, individuals shall only be required to provide, in
68.24addition to the information required by section 326.89 and rules promulgated pursuant
68.25thereto, the sworn statement required by paragraph (a), clause (8), and any additional
68.26information required by this subdivision that is not also required by section 326.89 and
68.27any rules promulgated thereto. When individuals submit a simultaneous application on the
68.28form created by the commissioner for both a residential building contractor or residential
68.29remodeler license and an independent contractor exemption certificate, the application
68.30fee shall be $150. An independent contractor exemption certificate that is in effect
68.31before March 1, 2009, shall remain in effect until March 1, 2011, unless revoked by the
68.32commissioner or cancelled by the individual.
68.33 (c) Within 30 days of receiving a complete application and the certificate fee, the
68.34commissioner must either grant or deny the application. The commissioner may deny
68.35an application for an independent contractor exemption certificate if the individual has
68.36not submitted a complete application and certificate fee or if the individual does not
69.1meet all of the conditions for holding the independent contractor exemption certificate.
69.2The commissioner may revoke an independent contractor exemption certificate if the
69.3commissioner determines that the individual no longer meets all of the conditions for
69.4holding the independent contractor exemption certificate, commits any of the actions
69.5set out in subdivision 7, or fails to cooperate with a department investigation into the
69.6continued validity of the individual's certificate. Once issued, an independent contractor
69.7exemption certificate remains in effect for two years unless:
69.8 (1) revoked by the commissioner; or
69.9 (2) canceled by the individual.
69.10 (d) If the department denies an individual's original or renewal application for
69.11an independent contractor exemption certificate or revokes an independent contractor
69.12exemption certificate, the commissioner shall issue to the individual an order denying or
69.13revoking the certificate. The commissioner may issue an administrative penalty order to
69.14an individual or person who commits any of the actions set out in subdivision 7.
69.15 (e) An individual or person to whom the commissioner issues an order under
69.16paragraph (d) shall have 30 days after service of the order to request a hearing. The
69.17request for hearing must be in writing and must be served on or faxed to the commissioner
69.18at the address or facsimile number specified in the order by the 30th day after service of
69.19the order. If the individual does not request a hearing or if the individual's request for a
69.20hearing is not served on or faxed to the commissioner by the 30th day after service of the
69.21order, the order shall become a final order of the commissioner and will not be subject to
69.22review by any court or agency. The date on which a request for hearing is served by mail
69.23shall be the postmark date on the envelope in which the request for hearing is mailed. If
69.24the individual serves or faxes a timely request for hearing, the hearing shall be a contested
69.25case hearing and shall be held in accordance with chapter 14.
69.26 Subd. 6. Performing services under exemption certificate. An individual is
69.27performing services for a person under an independent contractor exemption certificate if:
69.28 (a) the individual is performing services listed on the individual's independent
69.29contractor exemption certificate; and
69.30 (b) at the time the individual is performing services listed on the individual's
69.31independent contractor exemption certificate, the individual meets all of the following
69.32conditions:
69.33 (1) maintains a separate business with the individual's own office, equipment,
69.34materials, and other facilities;
69.35 (2) holds or has applied for a federal employer identification number or has filed
69.36business or self-employment income tax returns with the federal Internal Revenue Service
70.1if the individual performed services in the previous year for which the individual has the
70.2independent contractor exemption certificate;
70.3 (3) is operating under contract to perform the specific services for the person
70.4for specific amounts of money and under which the individual controls the means of
70.5performing the services;
70.6 (4) is incurring the main expenses related to the services that the individual is
70.7performing for the person under the contract;
70.8 (5) is responsible for the satisfactory completion of the services that the individual
70.9has contracted to perform for the person and is liable for a failure to complete the services;
70.10 (6) receives compensation from the person for the services performed under the
70.11contract on a commission or per-job or competitive bid basis and not on any other basis;
70.12 (7) may realize a profit or suffers a loss under the contract to perform services for
70.13the person;
70.14 (8) has continuing or recurring business liabilities or obligations; and
70.15 (9) the success or failure of the individual's business depends on the relationship of
70.16business receipts to expenditures.
70.17 Subd. 7. Prohibited activities. (a) An individual shall not:
70.18 (1) perform work as an independent contractor who meets the qualifications under
70.19subdivision 6 without first obtaining from the department an independent contractor
70.20exemption certificate;
70.21 (2) perform work as an independent contractor when the department has denied or
70.22revoked the individual's independent contractor exemption certificate;
70.23 (3) transfer to another individual or allow another individual to use the individual's
70.24independent contractor exemption certificate;
70.25 (4) alter or falsify an independent contractor exemption certificate;
70.26 (5) misrepresent the individual's status as an independent contractor; or
70.27 (6) make a false material statement, representation, or certification; omit material
70.28information; or alter, conceal, or fail to file a document required by this section or any rule
70.29promulgated by the commissioner under rulemaking authority set out in this section.
70.30 (b) A person shall not:
70.31 (1) require an individual through coercion, misrepresentation, or fraudulent means to
70.32adopt independent contractor status;
70.33 (2) knowingly misrepresent that an individual who has not been issued an
70.34independent contractor exemption certificate or is not performing services for the person
70.35under an independent contractor exemption certificate is an independent contractor; or
71.1 (3) make a false material statement, representation, or certification; omit material
71.2information; or alter, conceal, or fail to file a document required by this section or any rule
71.3promulgated by the commissioner under rulemaking authority set out in this section.
71.4 (c) A person for whom an individual is performing services must obtain a copy of the
71.5individual's independent contractor exemption certificate before services may commence.
71.6A copy of the independent contractor exemption certificate must be retained for five years
71.7from the date of receipt by the person for whom an individual is performing services.
71.8 Subd. 8. Remedies. An individual or person who violates any provision of
71.9subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
71.10each violation. The department shall deposit penalties in the assigned risk safety account.
71.11 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
71.12section, the commissioner may:
71.13 (1) administer oaths and affirmations, certify official acts, interview, question, take
71.14oral or written statements, and take depositions;
71.15 (2) request, examine, take possession of, photograph, record, and copy any
71.16documents, equipment, or materials;
71.17 (3) at a time and place indicated by the commissioner, request persons to appear
71.18before the commissioner to give testimony and produce documents, equipment, or
71.19materials;
71.20 (4) issue subpoenas to compel persons to appear before the commissioner to give
71.21testimony and produce documents, equipment, or materials; and
71.22 (5) subject to paragraph (c), with or without notice, enter without delay upon
71.23any property, public or private, for the purpose of taking any action authorized under
71.24this subdivision or the applicable law, including obtaining information or conducting
71.25inspections or investigations.
71.26 (b) Persons requested by the commissioner to give testimony or produce documents,
71.27equipment, or materials shall respond within the time and in the manner specified by the
71.28commissioner. If no time to respond is specified in the request, then a response shall be
71.29submitted within 30 days of the commissioner's service of the request.
71.30 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
71.31owner's representative, or lessee's representative to permit the commissioner's entry onto
71.32property as provided in paragraph (a), the commissioner may apply for an administrative
71.33inspection order in the Ramsey County District Court or, at the commissioner's discretion,
71.34in the district court in the county in which the property is located. The commissioner may
71.35anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
71.36property owner's representative, or lessee's representative has refused to permit entry on a
72.1prior occasion or has informed the commissioner that entry will be refused. Upon showing
72.2of administrative probable cause by the commissioner, the district court shall issue an
72.3administrative inspection order that compels the property owner or lessee to permit the
72.4commissioner to enter the property for the purposes specified in paragraph (a).
72.5 (d) Upon the application of the commissioner, a district court shall treat the failure of
72.6any person to obey a subpoena lawfully issued by the commissioner under this subdivision
72.7as a contempt of court.
72.8 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
72.9on a person under this section may be by mail, by personal service, or in accordance with
72.10any consent to service filed with the commissioner. Service by mail shall be accomplished
72.11in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
72.12shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
72.13subpart 3.
72.14 Subd. 11. Facsimile; timely service. When this section permits a request for
72.15hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
72.16pages in length. The request shall be considered timely served if the facsimile is received
72.17by the commissioner, at the facsimile number identified by the commissioner in the order,
72.18no later than 4:30 p.m. central time on the last day permitted for faxing the request.
72.19Where the quality or authenticity of the faxed request is at issue, the commissioner
72.20may require the original request to be filed. Where the commissioner has not identified
72.21quality or authenticity of the faxed request as an issue and the request has been faxed in
72.22accordance with this subdivision, the person faxing the request does not need to file the
72.23original request with the commissioner.
72.24 Subd. 12. Time period computation. In computing any period of time prescribed
72.25or allowed by this section, the day of the act, event, or default from which the designated
72.26period of time begins to run shall not be included. The last day of the period so computed
72.27shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
72.28period runs until the next day which is not a Saturday, Sunday, or legal holiday.
72.29 Subd. 13. Rulemaking. The commissioner may, in consultation with the
72.30commissioner of revenue and the commissioner of employment and economic
72.31development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
72.32of chapter 14 that relate to the commissioner's responsibilities under this section. This
72.33subdivision is effective the day following final enactment.
72.34 Subd. 14. Fee. The certificate fee for the original application and for the renewal of
72.35an independent contractor exemption certificate shall be $150.
73.1 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
73.2the commissioner has reason to believe that an individual who holds a certificate has failed
73.3to maintain all the conditions required by subdivision 6 or is not performing services for a
73.4person under the independent contractor exemption certificate, the commissioner must
73.5notify the commissioner of revenue and the commissioner of employment and economic
73.6development. Upon receipt of notification from the commissioner that an individual who
73.7holds a certificate has failed to maintain all the conditions required by subdivision 6
73.8or is not performing services for a person under the independent contractor exemption
73.9certificate, the commissioner of revenue must review the information returns required
73.10under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
73.11also review the submitted certification that is applicable to returns audited or investigated
73.12under section 289A.35.
73.13 Subd. 16. Data classified. Data in applications for an independent contractor
73.14exemption certificate and any required documentation submitted to the commissioner are
73.15private data on individuals as defined in section 13.02. Data in exemption certificates
73.16issued by the commissioner are public data. Data that document a revocation or
73.17cancellation of an exemption certificate are public data. Upon request of the Department
73.18of Revenue or Department of Employment and Economic Development, the commissioner
73.19may release to the requesting department data classified as private under this subdivision
73.20or investigative data that are not public under section 13.39 that relate to the issuance or
73.21denial of applications or revocations of certificates.
73.22EFFECTIVE DATE.This section is effective July 1, 2008.
73.23 Sec. 16. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
73.24 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
73.25threaten, otherwise discriminate against, or penalize an employee regarding the employee's
73.26compensation, terms, conditions, location, or privileges of employment because:
73.27 (a) the employee, or a person acting on behalf of an employee, in good faith, reports
73.28a violation or suspected violation of any federal or state law or rule adopted pursuant to
73.29law to an employer or to any governmental body or law enforcement official;
73.30 (b) the employee is requested by a public body or office to participate in an
73.31investigation, hearing, inquiry;
73.32 (c) the employee refuses an employer's order to perform an action that the employee
73.33has an objective basis in fact to believe violates any state or federal law or rule or
73.34regulation adopted pursuant to law, and the employee informs the employer that the order
73.35is being refused for that reason;
74.1 (d) the employee, in good faith, reports a situation in which the quality of health care
74.2services provided by a health care facility, organization, or health care provider violates a
74.3standard established by federal or state law or a professionally recognized national clinical
74.4or ethical standard and potentially places the public at risk of harm
74.5 (e) a public employee communicates the findings of a scientific or technical study
74.6that the employee, in good faith, believes to be truthful and accurate, including reports to a
74.7governmental body or law enforcement official.
74.8The disclosures protected pursuant to this section do not authorize the disclosure of data
74.9otherwise protected by law.
74.10 Sec. 17. Minnesota Statutes 2006, section 181.935, is amended to read:
74.11181.935 INDIVIDUAL REMEDIES; PENALTY.
74.12 (a) In addition to any remedies otherwise provided by law, an employee injured by
74.13a violation of section
74.14recoverable at law, together with costs and disbursements, including reasonable attorney's
74.15fees, and may receive such injunctive and other equitable relief as determined by the court.
74.16 (b) An employer who failed to notify, as required under section
74.17an employee injured by a violation of section
74.18per day per injured employee not to exceed $750 per injured employee.
74.19 (c) If the district court determines that a violation of section 181.932 occurred,
74.20the court may order any appropriate relief, including but not limited to reinstatement,
74.21back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the
74.22expungement of any adverse records of an employee who was the subject of the alleged
74.23acts of misconduct.
74.24 Sec. 18. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
74.25 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
74.26during some part of the period of the sales representative agreement:
74.27 (1) is a resident of Minnesota or maintains that person's principal place of business
74.28in Minnesota; or
74.29 (2) whose geographical territory specified in the sales representative agreement
74.30includes part or all of Minnesota.
74.31 (b) To be effective, any demand for arbitration under subdivision 5 must be made
74.32in writing and delivered to the principal on or before one year after the effective date of
74.33the termination of the agreement.
75.1 (c) A provision in any contract between a sales representative dealing in plumbing
75.2equipment or supplies and a principal purporting to waive any provision of this act,
75.3whether by express waiver or by a provision stipulating that the contract is subject to the
75.4laws of another state, shall be void.
75.5 Sec. 19. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
75.6 Subdivision 1. Rules. The
75.7rule, prescribe minimum standards which shall be uniform, and which
75.8
75.9alterations, and replacements connected with any water or sewage disposal system owned
75.10or operated by or for any municipality, institution, factory, office building, hotel, apartment
75.11building, or any other place of business regardless of location or the population of the city
75.12or town in which the installation is to be located. Notwithstanding the provisions of
75.13Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications,
75.14the commissioner may allow plumbing construction, alteration, or extension to proceed
75.15without approval of the plans or specifications by the commissioner.
75.16 Except for powers granted to the Plumbing Board, the commissioner of labor and
75.17industry shall administer the provisions of sections
75.18may employ plumbing inspectors and other assistants.
75.19 Sec. 20. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
75.20to read:
75.21 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
75.22Mechanical devices and fittings with internal moving parts are prohibited from installation
75.23in plumbing venting systems.
75.24 (b) All urinals covered under the jurisdiction of the state Plumbing Code must have
75.25a water flush device with a volume of not more than one gallon per use.
75.26 Sec. 21. [326.372] PLUMBING BOARD.
75.27 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 13 members.
75.28Eleven members shall be appointed by the governor with the advice and consent of the
75.29senate and shall be voting members. Appointments of members by the governor shall be
75.30made in accordance with section 15.066. If the senate votes to refuse to consent to an
75.31appointment of a member made by the governor, the governor shall appoint a new member
75.32with the advice and consent of the senate. One member shall be the commissioner of labor
75.33and industry or the designee, who shall be a voting member. One member shall be the
76.1commissioner of health or the designee, who shall not be a voting member. Of the 11
76.2appointed members, the composition shall be as follows:
76.3 (1) two members shall be municipal plumbing inspectors, one from the metropolitan
76.4area and one from greater Minnesota;
76.5 (2) one member shall a be licensed professional engineer specializing in plumbing
76.6designs or systems;
76.7 (3) two members shall be commercial/industrial plumbing contractors, one from the
76.8metropolitan area and one from greater Minnesota;
76.9 (4) one member shall be a residential plumbing contractor;
76.10 (5) two members shall be commercial/industrial journeymen, one from the
76.11metropolitan area and one from greater Minnesota;
76.12 (6) one member shall be a residential plumbing journeyman;
76.13 (7) one member shall be a water conditioning contractor; and
76.14 (8) one member shall be a municipal public water supply system operator or
76.15superintendent.
76.16 One of the municipal plumbing inspectors shall be appointed for an initial term to
76.17end on December 31, 2010, and one municipal plumbing inspector shall be appointed for
76.18an initial term to end on December 31, 2011. The professional engineer shall be appointed
76.19for an initial term to end on December 31, 2011. One of the commercial/industrial
76.20plumbing contractors shall be appointed for an initial term to end on December 31, 2010,
76.21and one commercial/industrial plumbing contractor shall be appointed for an initial term
76.22to end on December 31, 2011. The residential plumbing contractor shall be appointed for
76.23an initial term to end on December 31, 2010. One of the commercial/industrial plumbing
76.24journeymen shall be appointed for an initial term to end on December 31, 2011, and one
76.25commercial/industrial plumbing journeyman shall be appointed for an initial term to end
76.26on December 31, 2010. The residential plumbing journeyman shall be appointed for an
76.27initial term to end on December 31, 2011. The water conditioning contractor shall be
76.28appointed for an initial term to end on December 31, 2010. The municipal public water
76.29supply system operator or superintendent shall be appointed for an initial term to end
76.30on December 31, 2011.
76.31 (b) The licensed professional engineer must possess a current Minnesota professional
76.32engineering license and maintain the license for the duration of the term served on the
76.33board. All other appointed members, except the water conditioning contractor and the
76.34municipal public water supply system operator or superintendent, must possess a current
76.35plumbing license issued by the Department of Labor and Industry and maintain that
76.36license for the duration of their terms. The water conditioning contractor must be licensed
77.1as a water conditioning contractor by the department and maintain the license for the
77.2duration of the term served on the board. All appointed members must be residents of
77.3Minnesota at the time of and throughout their terms. The term of any appointed member
77.4who does not maintain membership qualification status shall end on the date of status
77.5change and the governor shall appoint a replacement member. It is the responsibility of
77.6the member to notify the board of a change in the member's status.
77.7 (c) For appointed members, except the initial terms designated in paragraph (a), each
77.8term shall be three years with the terms ending on the first Monday in January. Members
77.9appointed by the governor shall be limited to three consecutive terms. The governor shall,
77.10all or in part, reappoint the current members or appoint replacement members with the
77.11advice and consent of the senate. Midterm vacancies shall be filled for the remaining
77.12portion of the term. Vacancies occurring with less than six months time remaining in the
77.13term shall be filled for the existing term and the following three-year term. Members may
77.14serve until successors are appointed but in no case later than July 1 in a year in which the
77.15term expires unless reappointed.
77.16 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
77.17power to:
77.18 (1) elect its chair, vice-chair, and secretary;
77.19 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
77.20board, and contain such other provisions as may be useful and necessary for the efficient
77.21conduct of the business of the board;
77.22 (3) adopt the Plumbing Code that must be followed in this state and any Plumbing
77.23Code amendments thereto. The board shall adopt the Plumbing Code and any amendments
77.24thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c),
77.25and (d);
77.26 (4) review requests for final interpretations and issue final interpretations as provided
77.27in section 16B.63, subdivision 5;
77.28 (5) except for rules regulating continuing education, adopt rules that regulate the
77.29licensure or registration of plumbing contractors, journeymen, apprentices, master
77.30plumbers, restricted master plumbers, and restricted journeymen and other persons
77.31engaged in the design, installation, and alteration of plumbing systems, except for those
77.32individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt
77.33these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
77.34 (6) advise the commissioner regarding educational requirements for plumbing
77.35inspectors;
78.1 (7) refer complaints or other communications, whether oral or written, that allege
78.2or imply a violation of a statute, rule, or order that the commissioner has the authority to
78.3enforce pertaining to code compliance, licensure, or an offering to perform or performance
78.4of unlicensed plumbing services to the commissioner under subdivision 8;
78.5 (8) approve per diem and expenses deemed necessary for its members as provided in
78.6subdivision 3;
78.7 (9) approve license reciprocity agreements;
78.8 (10) select from its members individuals to serve on any other state advisory council,
78.9board, or committee; and
78.10 (11) recommend the fees for licenses and certifications.
78.11 Except for the powers granted to the Plumbing Board, the commissioner of labor
78.12and industry shall administer and enforce the provisions of sections 326.37 to 326.45 and
78.13any rules promulgated pursuant thereto.
78.14 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
78.15 (c) The commissioner shall coordinate the board's rulemaking and recommendations
78.16with the recommendations and rulemaking conducted by the other boards. The
78.17commissioner shall provide staff support to the board. The support includes professional,
78.18legal, technical, and clerical staff necessary to perform rulemaking and other duties
78.19assigned to the board. The commissioner of labor and industry shall supply necessary
78.20office space and supplies to assist the board in its duties.
78.21 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
78.22of $55 a day spent on board activities, when authorized by the board, plus expenses in
78.23the same manner and amount as authorized by the commissioner's plan adopted under
78.24section 43A.18, subdivision 2. Members who, as a result of time spent attending board
78.25meetings, incur child care expenses that would not otherwise have been incurred, may be
78.26reimbursed for those expenses upon board authorization.
78.27 (b) Members who are state employees or employees of the political subdivisions
78.28of the state must not receive the daily payment for activities that occur during working
78.29hours for which they are compensated by the state or political subdivision. However, a
78.30state or political subdivision employee may receive the daily payment if the employee
78.31uses vacation time or compensatory time accumulated in accordance with a collective
78.32bargaining agreement or compensation plan for board activities. Members who are state
78.33employees or employees of the political subdivisions of the state may receive the expenses
78.34provided for in this subdivision unless the expenses are reimbursed by another source.
78.35Members who are state employees or employees of political subdivisions of the state
79.1may be reimbursed for child care expenses only for time spent on board activities that
79.2are outside their working hours.
79.3 (c) The board shall adopt internal standards prescribing what constitutes a day spent
79.4on board activities for purposes of making daily payments under this subdivision.
79.5 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
79.6removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
79.7missing three consecutive meetings. The chair of the board shall inform the governor of
79.8an appointed member missing three consecutive meetings. After the second consecutive
79.9missed meeting and before the next meeting, the secretary of the board shall notify the
79.10appointed member in writing that the member may be removed for missing the next
79.11meeting. In the case of a vacancy on the board, the governor shall, with the advice
79.12and consent of the senate, appoint a person to fill the vacancy for the remainder of the
79.13unexpired term.
79.14 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
79.15 Subd. 5. Membership vacancies within three months of appointment.
79.16 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
79.17three months after being filled through the appointment process, the governor may,
79.18upon notification to the Office of the Secretary of State, choose a new member from the
79.19applications on hand and need not repeat the process.
79.20 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
79.21members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
79.22majority of members of the board qualified to vote on the matter in question. All questions
79.23concerning the manner in which a meeting is conducted or called that are not covered
79.24by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
79.25specified by the bylaws.
79.26 (b) Except as provided in paragraph (c), each Plumbing Code amendment considered
79.27by the board that receives an affirmative two-thirds or more majority vote of all of the
79.28voting members of the board shall be included in the next Plumbing Code rulemaking
79.29proceeding initiated by the board. If a Plumbing Code amendment considered, or
79.30reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
79.31members of the board, the Plumbing Code amendment shall not be included in the next
79.32Plumbing Code rulemaking proceeding initiated by the board.
79.33 (c) If the Plumbing Code amendment considered by the board is to replace the
79.34Minnesota Plumbing Code with a model Plumbing Code, then the amendment may only
79.35be included in the next Plumbing Code rulemaking proceeding if it receives an affirmative
79.36two-thirds or more majority vote of all of the voting members of the board.
80.1 (d) The board may reconsider Plumbing Code amendments during an active
80.2Plumbing Code rulemaking proceeding in which the amendment previously failed to
80.3receive a two-thirds majority vote or more of all of the voting members of the board only if
80.4new or updated information that affects the Plumbing Code amendment is presented to the
80.5board. The board may also reconsider failed Plumbing Code amendments in subsequent
80.6Plumbing Code rulemaking proceedings.
80.7 (e) Except as provided in paragraph (f), each proposed rule and rule amendment
80.8considered by the board pursuant to the rulemaking authority specified in subdivision 2,
80.9paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the
80.10voting members of the board shall be included in the next rulemaking proceeding initiated
80.11by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
80.12board receives less than an affirmative majority vote of all of the voting members of the
80.13board, the proposed rule or rule amendment shall not be included in the next rulemaking
80.14proceeding initiated by the board.
80.15 (f) The board may reconsider a proposed rule or rule amendment during an
80.16active rulemaking proceeding in which the amendment previously failed to receive an
80.17affirmative majority vote of all of the voting members of the board only if new or updated
80.18information that affects the proposed rule or rule amendment is presented to the board.
80.19The board may also reconsider a failed proposed rule or rule amendment in subsequent
80.20rulemaking proceedings.
80.21 Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the
80.22board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
80.23and in such a manner as the bylaws may provide.
80.24 (b) If compliance with section 13D.02 is impractical, the board may conduct a
80.25meeting of its members by telephone or other electronic means so long as the following
80.26conditions are met:
80.27 (1) all members of the board participating in the meeting, wherever their physical
80.28location, can hear one another and can hear all discussion and testimony;
80.29 (2) members of the public present at the regular meeting location of the board can
80.30hear clearly all discussion and testimony and all votes of members of the board and, if
80.31needed, receive those services required by sections 15.44 and 15.441;
80.32 (3) at least one member of the board is physically present at the regular meeting
80.33location; and
80.34 (4) all votes are conducted by roll call, so each member's vote on each issue can be
80.35identified and recorded.
81.1 Each member of the board participating in a meeting by telephone or other electronic
81.2means is considered present at the meeting for purposes of determining a quorum and
81.3participating in all proceedings.
81.4 If telephone or other electronic means is used to conduct a regular, special, or
81.5emergency meeting, the board, to the extent practical, shall allow a person to monitor
81.6the meeting electronically from a remote location. The board may require the person
81.7making such a connection to pay for documented costs that the board incurs as a result of
81.8the additional connection.
81.9 If telephone or other electronic means is used to conduct a regular, special, or
81.10emergency meeting, the board shall provide notice of the regular meeting location, of the
81.11fact that some members may participate by telephone or other electronic means, and that a
81.12person may monitor the meeting electronically from a remote location. The timing and
81.13method of providing notice is governed by section 13D.04.
81.14 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
81.15the substance of any complaint or communication it receives, whether written or oral,
81.16that alleges or implies a violation of a statute, rule, or order that the commissioner has
81.17the authority to enforce pertaining to the license or registration of any person authorized
81.18by the department to provide plumbing services, the performance or offering to perform
81.19plumbing services requiring licensure by an unlicensed person, or Plumbing Code
81.20compliance. Each complaint or communication that is forwarded to the commissioner
81.21shall be submitted on a form provided by the commissioner.
81.22 (b) The commissioner shall advise the board of the status of a complaint within 90
81.23days after the board's written submission is received, or within 90 days after the board
81.24is provided with a written request for additional information or documentation from the
81.25commissioner or the commissioner's designee, whichever is later. The commissioner shall
81.26advise the board of the disposition of a complaint referred by the board within 180 days
81.27after the board's written submission is received. The commissioner shall annually report to
81.28the board a summary of the actions taken in response to complaints referred by the board.
81.29 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
81.30Government Data Practices Act, and shall protect from unlawful disclosure data classified
81.31as not public.
81.32 Subd. 10. Official records. The board shall make and preserve all records necessary
81.33to a full and accurate knowledge of its official activities in accordance with section 15.17.
81.34 Sec. 22. Minnesota Statutes 2006, section 326.38, is amended to read:
81.35326.38 LOCAL REGULATIONS.
82.1 Any city having a system of waterworks or sewerage, or any town in which reside
82.2over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
82.3airports commission, may, by ordinance, adopt local regulations providing for plumbing
82.4permits, bonds, approval of plans, and inspections of plumbing, which regulations are
82.5not in conflict with the plumbing standards on the same subject prescribed by the state
82.6
82.7licensed by the state commissioner of
82.8working at the business, except cities and statutory cities which, prior to April 21, 1933,
82.9by ordinance required the licensing of plumbers. No city or town may require a license
82.10for persons performing building sewer or water service installation who have completed
82.11pipe laying training as prescribed by the commissioner of labor and industry. Any city
82.12by ordinance may prescribe regulations, reasonable standards, and inspections and grant
82.13permits to any person, firm, or corporation engaged in the business of installing water
82.14softeners, who is not licensed as a master plumber or journeyman plumber by the state
82.15commissioner of
82.16equipment to private residence water distribution systems, where provision has been
82.17previously made therefor and openings left for that purpose or by use of cold water
82.18connections to a domestic water heater; where it is not necessary to rearrange, make any
82.19extension or alteration of, or addition to any pipe, fixture or plumbing connected with
82.20the water system except to connect the water softener, and provided the connections so
82.21made comply with minimum standards prescribed by the state
82.22Plumbing Board.
82.23 Sec. 23. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
82.24 Subdivision 1. License required
82.25
82.26
82.27engage in or work at the business of a master plumber
82.28journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
82.29state commissioner of
82.30performing building sewer or water service installation who have completed pipe laying
82.31training as prescribed by the commissioner of labor and industry. A master plumber may
82.32also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
82.33master plumber. A journeyman plumber may also work as a restricted journeyman
82.34plumber. Anyone not so licensed may do plumbing work which complies with the
82.35provisions of the minimum
83.1
83.2by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
83.3
83.4installing plumbing nor install plumbing in connection with the dealing in and selling
83.5of plumbing material and supplies unless at all times a licensed master plumber, or in
83.6cities and towns with a population of fewer than 5,000 according to the federal census a
83.7restricted master plumber, who shall be responsible for proper installation, is in charge
83.8of the plumbing work of the person, firm, or corporation.
83.9 The
83.10herewith, for the examination and licensing of plumbers.
83.11 Sec. 24. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
83.12 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
83.13of practical plumbing experience is eligible to take the journeyman plumbing examination.
83.14Up to 24 months of practical plumbing experience prior to registration as an apprentice
83.15may be applied to the four-year experience requirement. However, none of this practical
83.16plumbing experience may be applied if the person did not have any practical plumbing
83.17experience in the 12-month period immediately prior to registration. The
83.18Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
83.19experience is applicable in preparing for the journeyman's examination. If two years
83.20after completing the training the person has not taken the examination, the four years
83.21of experience shall be forfeited.
83.22 The commissioner may allow an extension of the two-year period for taking the
83.23exam for cases of hardship or other appropriate circumstances.
83.24 Sec. 25. [326.402] RESTRICTED PLUMBER LICENSE.
83.25 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
83.26restricted journeyman or restricted master plumber license to an individual if:
83.27 (1) the individual completes an application with information required by the
83.28commissioner of labor and industry;
83.29 (2) the completed application is accompanied by a fee of $30;
83.30 (3) the commissioner of labor and industry receives the completed application and
83.31fee before January 1, 2008;
83.32 (4) the completed application demonstrates that the applicant has had at least two
83.33years for a restricted journeyman plumber license or four years for a restricted master
84.1plumber license of practical plumbing experience in the plumbing trade prior to the
84.2application; and
84.3 (5) during the entire time for which the applicant is claiming experience in
84.4contracting for plumbing work under clause (4), the applicant was in compliance with all
84.5applicable requirements of section 326.40.
84.6 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
84.7plumber may engage in the plumbing trade in all areas of the state except in cities and
84.8towns with a population of more than 5,000 according to the federal census.
84.9 Subd. 3. Application period. Applications for restricted master plumber and
84.10restricted journeyman plumber licenses must be submitted to the commissioner prior
84.11to January 1, 2008.
84.12 Subd. 4. Renewal; use period for license. A restricted master plumber and
84.13restricted journeyman plumber license must be renewed annually for as long as that
84.14licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
84.15restricted journeyman plumber license within 12 months after the expiration date will
84.16result in permanent forfeiture of the restricted master plumber and restricted journeyman
84.17plumber license.
84.18 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
84.19journeyman plumber license may not be transferred or sold to any other person.
84.20 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
84.21bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
84.22provided by section 326.40, subdivision 3, applies.
84.23 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
84.24journeyman plumber licenses is the same fee as for a master or journeyman plumber
84.25license, respectively.
84.26 Sec. 26. Minnesota Statutes 2006, section 326.405, is amended to read:
84.27326.405 RECIPROCITY WITH OTHER STATES.
84.28
84.29
84.30
84.31
84.32
84.33reciprocity agreements for personal licenses with another state if approved by the board.
84.34Once approved by the board, the commissioner may issue a plumber's license without
84.35requiring the applicant to pass an examination provided the applicant:
85.1 (a) submits an application under section 326.42;
85.2 (b) pays the fee required under section 326.42; and
85.3 (c) holds a valid comparable license in the state participating in the agreement.
85.4 Agreements are subject to the following:
85.5 (1) The parties to the agreement must administer a statewide licensing program that
85.6includes examination and qualifying experience or training comparable to Minnesota's.
85.7 (2) The experience and training requirements under which an individual applicant
85.8qualified for examination in the qualifying state must be deemed equal to or greater than
85.9required for an applicant making application in Minnesota at the time the applicant
85.10acquired the license in the qualifying state.
85.11 (3) The applicant must have acquired the license in the qualifying state through an
85.12examination deemed equivalent to the same class of license examination in Minnesota.
85.13A lesser class of license may be granted where the applicant has acquired a greater
85.14class of license in the qualifying state and the applicant otherwise meets the conditions
85.15of this subdivision.
85.16 (4) At the time of application, the applicant must hold a valid license in the
85.17qualifying state and have held the license continuously for at least one year before making
85.18application in Minnesota.
85.19 (5) An applicant is not eligible for a license under this subdivision if the applicant
85.20has failed the same or greater class of license examination in Minnesota, or if the
85.21applicant's license of the same or greater class has been revoked or suspended.
85.22 (6) An applicant who has failed to renew a plumber's license for two years or more
85.23after its expiration is not eligible for a license under this subdivision.
85.24 Sec. 27. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
85.25 Subdivision 1. Application. Applications for plumber's license shall be made to the
85.26state commissioner of
85.27to a renewal, the applicant shall be licensed by the state commissioner of
85.28industry only after passing a satisfactory examination developed and administered by the
85.29
85.30Board showing fitness. Examination fees for both journeyman and master plumbers
85.31shall be in an amount prescribed by the state commissioner of
85.32pursuant to section
85.33the examination for original license the applicant shall submit an application, with the
85.34license fee herein provided. License fees shall be in an amount prescribed by the state
86.1commissioner of
86.2expire and be renewed as prescribed by the commissioner pursuant to section
86.3 Sec. 28. [326B.04] DEPOSIT OF MONEY.
86.4 Subdivision 1. Construction code fund. There is created in the state treasury
86.5a construction code fund as a special revenue fund for the purpose of administering this
86.6chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
86.7sections, except penalties, is credited to the construction code fund unless otherwise
86.8specifically designated by law. Any interest or profit accruing from investment of these
86.9sums is credited to the construction code fund. All money collected in the construction
86.10code fund is appropriated to the commissioner of labor and industry to administer and
86.11enforce the provisions of the laws identified in this section.
86.12 Unless otherwise provided by law, all penalties assessed under this chapter, section
86.13327.35, and chapter 327B are credited to the assigned risk safety account established
86.14by section 79.253.
86.15 Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
86.16government special revenue fund and special revenue fund accounts maintained for
86.17the Building Codes and Standards Division, Board of Electricity, and plumbing and
86.18engineering unit are transferred to the construction code fund. Unless otherwise
86.19specifically designated by law: (1) all money collected under chapter 183 and sections
86.2016B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to
86.21326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to
86.22327B.12, except penalties, is credited to the construction code fund; (2) all fees collected
86.23under section 45.23 in connection with continuing education for residential contractors,
86.24residential remodelers, and residential roofers are credited to the construction code fund;
86.25and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all
86.26penalties assessed under sections 144.99 to 144.993 in connection with any violation of
86.27sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections
86.28are credited to the assigned risk safety account established by section 79.253.
86.29 Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
86.30 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
86.31have the meanings given them.
86.32 (b) "Gross annual receipts" means the total amount derived from residential
86.33contracting or residential remodeling activities, regardless of where the activities are
87.1performed, and must not be reduced by costs of goods sold, expenses, losses, or any
87.2other amount.
87.3 (c) "Licensee" means a person licensed as a residential contractor or residential
87.4remodeler.
87.5 (d) "Residential real estate" means a new or existing building constructed for
87.6habitation by one to four families, and includes detached garages.
87.7 (e) "Fund" means the contractor recovery fund.
87.8 Subd. 2. Generally. The contractor recovery fund is created in the state treasury
87.9and shall be administered by the commissioner for the purposes described in this section.
87.10Any interest or profit accruing from investment of money in the fund shall be credited
87.11to the contractor recovery fund.
87.12 Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
87.13renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
87.14shall pay, in addition to the appropriate application or renewal fee, the following additional
87.15fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
87.16gross annual receipts for the person's most recent fiscal year preceding the application or
87.17renewal, on the following scale:
| 87.18 |
Fee |
Gross Annual Receipts |
||
| 87.19 |
$160 |
under $1,000,000 |
||
| 87.20 |
$210 |
$1,000,000 to $5,000,000 |
||
| 87.21 |
$260 |
over $5,000,000 |
87.23 (1) compensate owners or lessees of residential real estate who meet the requirements
87.24of this section;
87.25 (2) reimburse the department for all legal and administrative expenses,
87.26disbursements, and costs, including staffing costs, incurred in administering and defending
87.27the fund;
87.28 (3) pay for educational or research projects in the field of residential contracting to
87.29further the purposes of sections 326B.801 to 326B.825; and
87.30 (4) provide information to the public on residential contracting issues.
87.31 Subd. 5. Payment limitations. Except as otherwise provided in this section,
87.32the commissioner shall not pay compensation from the fund to an owner or a lessee
87.33in an amount greater than $75,000. Except as otherwise provided in this section, the
87.34commissioner shall not pay compensation from the fund to owners and lessees in an
87.35amount that totals more than $150,000 per licensee. The commissioner shall not pay
88.1compensation from the fund for a final judgment based on a cause of action that arose
88.2before the commissioner's receipt of the licensee's fee required by subdivision 3.
88.3 Subd. 6. Verified application. To be eligible for compensation from the fund, an
88.4owner or lessee shall serve on the commissioner a verified application for compensation
88.5on a form approved by the commissioner. The application shall verify the following
88.6information:
88.7 (1) the specific grounds upon which the owner or lessee seeks to recover from
88.8the fund:
88.9 (2) that the owner or the lessee has obtained a final judgment in a court of competent
88.10jurisdiction against a licensee licensed under section 326B.803;
88.11 (3) that the final judgment was obtained against the licensee on the grounds of
88.12fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
88.13that arose directly out of a transaction that occurred when the licensee was licensed and
88.14performing any of the special skills enumerated under section 326B.802, subdivision 19;
88.15 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
88.16the owner's residential real estate, on residential real estate leased by the lessee, or on new
88.17residential real estate that has never been occupied or that was occupied by the licensee
88.18for less than one year prior to purchase by the owner;
88.19 (5) that the residential real estate is located in Minnesota;
88.20 (6) that the owner or the lessee is not the spouse of the licensee or the personal
88.21representative of the licensee;
88.22 (7) the amount of the final judgment, any amount paid in satisfaction of the final
88.23judgment, and the amount owing on the final judgment as of the date of the verified
88.24application; and
88.25 (8) that the verified application is being served within two years after the judgment
88.26became final.
88.27 The owner's and the lessee's actual and direct out-of-pocket loss shall not include
88.28attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
88.29the loss. An owner or lessee may serve a verified application regardless of whether the
88.30final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
88.31final if all proceedings on the judgment have either been pursued and concluded or been
88.32forgone, including all reviews and appeals. For purposes of this section, owners who are
88.33joint tenants or tenants in common are deemed to be a single owner. For purposes of this
88.34section, owners and lessees eligible for payment of compensation from the fund shall not
88.35include government agencies, political subdivisions, financial institutions, and any other
88.36entity that purchases, guarantees, or insures a loan secured by real estate.
89.1 Subd. 7. Commissioner review. The commissioner shall within 120 days after
89.2receipt of the verified application:
89.3 (1) enter into an agreement with an owner or a lessee that resolves the verified
89.4application for compensation from the fund; or
89.5 (2) issue an order to the owner or the lessee accepting, modifying, or denying the
89.6verified application for compensation from the fund.
89.7 Upon receipt of an order issued under clause (2), the owner or the lessee shall have
89.830 days to serve upon the commissioner a written request for a hearing. If the owner or
89.9the lessee does not serve upon the commissioner a timely written request for hearing, the
89.10order issued under clause (2) shall become a final order of the commissioner that may not
89.11be reviewed by any court or agency. The commissioner shall order compensation from
89.12the fund only if the owner or the lessee has filed a verified application that complies with
89.13subdivision 6 and if the commissioner determines based on review of the application that
89.14compensation should be paid from the fund. The commissioner shall not be bound by any
89.15prior settlement, compromise, or stipulation between the owner or the lessee and the
89.16licensee.
89.17 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
89.18for hearing under subdivision 7, the commissioner shall request that an administrative law
89.19judge be assigned and that a hearing be conducted under the contested case provisions
89.20of chapter 14 within 30 days after the service of the request for hearing upon the
89.21commissioner. Upon petition of the commissioner, the administrative law judge shall
89.22continue the hearing up to 60 days and upon a showing of good cause may continue the
89.23hearing for such additional period as the administrative law judge deems appropriate.
89.24At the hearing the owner or the lessee shall have the burden of proving by substantial
89.25evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
89.26findings of fact, conclusions of law, and order. If the administrative law judge finds that
89.27compensation should be paid to the owner or the lessee, the administrative law judge
89.28shall order the commissioner to make payment from the fund of the amount it finds to be
89.29payable pursuant to the provisions of and in accordance with the limitations contained in
89.30this section. The order of the administrative law judge shall constitute the final decision of
89.31the agency in the contested case. Judicial review of the administrative law judge's findings
89.32of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
89.33 Subd. 9. Satisfaction of applications for compensation. The commissioner shall
89.34pay compensation from the fund to an owner or a lessee pursuant to the terms of an
89.35agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
89.36order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
90.1of the fiscal year following the fiscal year during which the agreement was entered into or
90.2during which the order became final, subject to the limitations of this section. At the end
90.3of each fiscal year the commissioner shall calculate the amount of compensation to be
90.4paid from the fund pursuant to agreements that have been entered into under subdivision
90.57, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
90.6subdivision 8. If the calculated amount exceeds the amount available for payment, then
90.7the commissioner shall allocate the amount available among the owners and the lessees
90.8in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
90.9bears to the amount calculated. The commissioner shall mail notice of the allocation to
90.10all owners and lessees not less than 45 days following the end of the fiscal year. Any
90.11compensation paid by the commissioner in accordance with this subdivision shall be
90.12deemed to satisfy and extinguish any right to compensation from the fund based upon the
90.13verified application of the owner or lessee.
90.14 Subd. 10. Right of subrogation. If the commissioner pays compensation from the
90.15fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
90.16final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
90.17shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
90.18judgment in the amount of compensation paid from the fund and the owner or the lessee
90.19shall assign to the commissioner all rights, title, and interest in the final judgment in
90.20the amount of compensation paid. The commissioner shall deposit in the fund money
90.21recovered under this subdivision.
90.22 Subd. 11. Effect of section on commissioner's authority. Nothing contained
90.23in this section shall limit the authority of the commissioner to take disciplinary action
90.24against a licensee under the provisions of this chapter. A licensee's repayment in full of
90.25obligations to the fund shall not nullify or modify the effect of any other disciplinary
90.26proceeding brought under the provisions of this chapter.
90.27 Subd. 12. Limitation. Nothing may obligate the fund to compensate:
90.28 (1) insurers or sureties under subrogation or similar theories; or
90.29 (2) owner of residential property for final judgments against a prior owner of the
90.30residential property unless the claim is brought and judgment is rendered for breach of the
90.31statutory warranty set forth in chapter 327A.
90.32 Subd. 13. Condominiums or townhouses. For purposes of this section, the owner
90.33or the lessee of a condominium or townhouse is considered an owner or a lessee of
90.34residential property regardless of the number of residential units per building.
90.35 Subd. 14. Accelerated compensation. (a) Payments made from the fund to
90.36compensate owners and lessees that do not exceed the jurisdiction limits for conciliation
91.1court matters as specified in section 491A.01 may be paid on an accelerated basis if all of
91.2the requirements in paragraphs (b) and (c) have been satisfied.
91.3 (b) The owner or the lessee has served upon the commissioner a verified application
91.4for compensation that complies with the requirements set out in subdivision 6 and the
91.5commissioner determines based on review of the application that compensation should be
91.6paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
91.7loss in the transaction, minus attorney fees, interest on the loss and on the judgment
91.8obtained as a result of the loss, and any satisfaction of the judgment, and make payment
91.9to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
91.10after the owner or lessee serves the verified application.
91.11 (c) The commissioner may pay compensation to owners or lessees that totals not
91.12more than $50,000 per licensee per fiscal year under this accelerated process. The
91.13commissioner may prorate the amount of compensation paid to owners or lessees under
91.14this subdivision if applications submitted by owners and lessees seek compensation in
91.15excess of $50,000 against a licensee. Any unpaid portion of a verified application that
91.16has been prorated under this subdivision shall be satisfied in the manner set forth in
91.17subdivision 9.
91.18 Subd. 15. Appropriation. Money in the fund is appropriated to the commissioner
91.19for the purposes of this section.
91.20 Subd. 16. Additional assessment. If the balance in the fund is at any time less than
91.21the commissioner determines is necessary to carry out the purposes of this section, every
91.22licensee, when renewing a license, shall pay, in addition to the annual renewal fee and
91.23the fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner
91.24shall set the amount of assessment based on a reasonable determination of the amount
91.25that is necessary to restore a balance in the fund that is adequate to carry out the purposes
91.26of this section.
91.27EFFECTIVE DATE.This section is effective December 1, 2007, except that
91.28subdivisions 1, 3, and 15 are effective July 1, 2007.
91.29 Sec. 30. Minnesota Statutes 2006, section 341.21, is amended by adding a subdivision
91.30to read:
91.31 Subd. 8. Mixed martial arts. "Mixed martial arts" means any combination of
91.32boxing, kick boxing, wrestling, grappling, or other recognized martial arts.
92.1 Sec. 31. Minnesota Statutes 2006, section 341.22, is amended to read:
92.2341.22 BOXING COMMISSION.
92.3 There is hereby created the Minnesota Boxing Commission consisting of
92.4members who are citizens of this state. The members must be appointed by the governor.
92.5One member of the commission must be a retired judge of the Minnesota district court,
92.6Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court
92.7for the District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three
92.8members must have knowledge of the boxing industry. At least four members must have
92.9knowledge of the mixed martial arts industry. The governor shall make serious efforts to
92.10appoint qualified women to serve on the commission. Membership terms, compensation
92.11of members, removal of members, the filling of membership vacancies, and fiscal year and
92.12reporting requirements must be as provided in sections
92.13staff, administrative services, and office space; the review and processing of complaints;
92.14the setting of fees; and other provisions relating to commission operations must be as
92.15provided in chapter 214. The purpose of the commission is to protect health, promote
92.16safety, and ensure fair events.
92.17 Sec. 32. Minnesota Statutes 2006, section 341.25, is amended to read:
92.18341.25 RULES.
92.19 (a) The commission may adopt rules that include standards for the physical
92.20examination and condition of boxers and referees.
92.21 (b) The commission may adopt other rules necessary to carry out the purposes of
92.22this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and
92.23fights, and their manner, supervision, time, and place.
92.24 (c) The commission must adopt unified rules for mixed martial arts.
92.25 Sec. 33. Minnesota Statutes 2006, section 341.27, is amended to read:
92.26341.27 COMMISSION DUTIES.
92.27 The commission shall:
92.28 (1) issue, deny, renew, suspend, or revoke licenses;
92.29 (2) make and maintain records of its acts and proceedings including the issuance,
92.30denial, renewal, suspension, or revocation of licenses;
92.31 (3) keep public records of the commission open to inspection at all reasonable times;
92.32 (4) assist the director in the development of rules to be implemented under this
92.33chapter;
93.1 (5) conform to the rules adopted under this chapter; and
93.2 (6) develop policies and procedures for regulating mixed martial arts.
93.3 Sec. 34. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
93.4 Subd. 2. Regulatory authority; tough person contests. All tough person contests,
93.5including amateur tough person contests, are subject to this chapter. All tough person
93.6contests are subject to American Boxing Commission (ABC) rules. Every contestant
93.7in a tough person contest shall have a physical examination prior to their bouts. Every
93.8contestant in a tough person contest shall wear padded gloves that weigh at least 12
93.9ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
93.10total rounds. Officials at tough person bouts shall be licensed under this chapter.
93.11 Sec. 35. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
93.12to read:
93.13 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
93.14ultimate fight contests, and similar sporting events are subject to this chapter.
93.15 Sec. 36. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
93.16 Subd. 2. Expiration and renewal. A license
93.17
93.18the date it is issued and may be renewed by filing an application for renewal with the
93.19commission and payment of the license fee. An application for a license and renewal of a
93.20license must be on a form provided by the commission. There is a 30-day grace period
93.21during which a license may be renewed if a late filing penalty fee equal to the license fee
93.22is submitted with the regular license fee. A licensee that files late shall not conduct any
93.23activity regulated by this chapter until the commission has renewed the license. If the
93.24licensee fails to apply to the commission within the 30-day grace period, the licensee must
93.25apply for a new license under subdivision 1.
93.26 Sec. 37. Minnesota Statutes 2006, section 341.321, is amended to read:
93.27341.321 FEE SCHEDULE.
93.28 (a) The fee schedule for licenses issued by the Minnesota Boxing Commission
93.29is as follows:
93.30 (1) referees,
93.31 (2) promoters, $400 for each initial license and each renewal;
93.32 (3) judges and knockdown judges,
94.1 (4) trainers,
94.2 (5) ring announcers,
94.3 (6) boxers' seconds,
94.4 (7) timekeepers,
94.5 (8) boxers,
94.6 (9) managers, $45 for each initial license and each renewal; and
94.7 (10) ringside physicians, $45 for each initial license and each renewal.
94.8 (b) The commission shall establish and assess an event fee for each sporting event.
94.9The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
94.10determined by the commission when the sporting event is scheduled.
94.11 (c) All fees collected by the Minnesota Boxing Commission must be deposited in
94.12the Boxing Commission account in the special revenue fund.
94.13 Sec. 38. Minnesota Statutes 2006, section 471.471, subdivision 4, is amended to read:
94.14 Subd. 4. Application process. A person seeking a waiver shall apply to the
94.15
94.16Industry on a form prescribed by the board and pay a $70 fee to the construction code
94.17fund. The division shall review the application to determine whether it appears to be
94.18meritorious, using the standards set out in subdivision 3. The division shall forward
94.19applications it considers meritorious to the board, along with a list and summary of
94.20applications considered not to be meritorious. The board may require the division to
94.21forward to it an application the division has considered not to be meritorious. The board
94.22shall issue a decision on an application within 90 days of its receipt. A board decision
94.23to approve an application must be unanimous. An application that contains false or
94.24misleading information must be rejected.
94.25 Sec. 39. WHISTLE-BLOWER PROTECTION ADMINISTRATIVE
94.26PROCEDURES.
94.27 By January 15, 2008, the commissioner of labor and industry shall report to the
94.28legislature its recommendations for implementing an administrative review procedure to
94.29address whistle-blower protection complaints under section 181.932.
94.30 Sec. 40. TRANSFER OF AUTHORITY; PLUMBING BOARD.
94.31 The commissioner of administration may not use the authority under Minnesota
94.32Statutes, section 16B.37, to modify the transfers of authority in this act.
95.1 Sec. 41. FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.
95.2 The governor must complete the appointments required by Minnesota Statutes,
95.3section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall
95.4convene the first meeting of the Plumbing Board no later than September 1, 2007.
95.5 Sec. 42. REPEALER.
95.6Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
95.7repealed.
95.8EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
95.9effective January 1, 2009.
95.12 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
95.13326.46
95.14PRESSURE PIPING.
95.15 The department
95.16on all projects in this state
95.17 The department shall employ inspectors and other assistants to carry out the
95.18provisions of sections
95.19 Sec. 2. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
95.20 Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
95.21provide for the inspection of high pressure piping system materials and construction, and
95.22provide that it shall not be constructed or installed except in accordance with minimum
95.23state standards. The authority designated by the ordinance for issuing high pressure piping
95.24permits and assuring compliance with state standards must report to the Department of
95.25Labor and Industry all violations of state high pressure piping standards.
95.26 A municipality may not adopt an ordinance with high pressure piping standards that
95.27does not conform to the uniform standards prescribed by the
95.28
95.29minimum qualifications for municipal inspectors.
95.30 Sec. 3. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
96.1 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
96.2consist of 12 members. Eleven members shall be appointed by the governor with the
96.3advice and consent of the senate and shall be voting members. Appointments of members
96.4by the governor shall be made in accordance with section 15.066. If the senate votes to
96.5refuse to consent to an appointment of a member made by the governor, the governor shall
96.6appoint a new member with the advice and consent of the senate. One member shall be
96.7the commissioner of labor and industry or the commissioner's designee, who shall be a
96.8voting member. Of the 11 appointed members, the composition shall be as follows:
96.9 (1) one member shall be a high pressure piping inspector;
96.10 (2) one member shall be a licensed professional mechanical engineer;
96.11 (3) one member shall be a representative of the high pressure piping industry;
96.12 (4) four members shall be high pressure piping contractors engaged in the scope of
96.13high pressure piping, two from the metropolitan area and two from greater Minnesota;
96.14 (5) two members shall be high pressure piping journeymen engaged in the scope
96.15of high pressure piping systems installation, one from the metropolitan area and one
96.16from greater Minnesota; and
96.17 (6) two members shall be representatives of industrial companies which use high
96.18pressure piping systems in their industrial processes.
96.19 (b) The high pressure piping inspector shall be appointed for a term to end December
96.2031, 2011. The professional mechanical engineer shall be appointed for a term to end
96.21December 31, 2010. The representative of the high pressure piping industry shall be
96.22appointed for a term to end December 31, 2011. Two of the high pressure piping
96.23contractors shall be appointed for a term to end December 31, 2011, and two high pressure
96.24piping contractors shall be appointed for a term to end December 31, 2010. One of the
96.25high pressure piping journeymen shall be appointed for a term to end December 31, 2011,
96.26and one high pressure piping journeyman shall be appointed for a term to end December
96.2731, 2010. The two representatives of industrial companies that use high pressure piping
96.28systems in their industrial process shall be appointed for a term to end December 31, 2010.
96.29 (c) The licensed professional mechanical engineer must possess a current Minnesota
96.30professional engineering license and maintain the license for the duration of the term
96.31served on the board. All other appointed members, except for the representative of the
96.32piping industry and the representatives of industrial companies that use high pressure
96.33piping systems in their industrial processes must possess a current high pressure piping
96.34license issued by the Department of Labor and Industry and maintain that license for the
96.35duration of their terms. All appointed members must be residents of Minnesota at the time
96.36of and throughout their terms. The term of any appointed member who does not maintain
97.1membership qualification status shall end on the date of status change and the governor
97.2shall appoint a replacement member. It is the responsibility of the member to notify the
97.3board of a change in the member's status.
97.4 (d) For appointed members, except for the initial terms designated in paragraph (a),
97.5each term shall be three years with the terms ending on the first Monday in January.
97.6Members appointed by the governor shall be limited to three consecutive terms. The
97.7governor shall, all or in part, reappoint the current members or appoint replacement
97.8members with the advice and consent of the senate. Midterm vacancies shall be filled for
97.9the remaining portion of the term. Vacancies occurring with less than six months time
97.10remaining in the term shall be filled for the existing term and the following three-year
97.11term. Members may serve until their successors are appointed but in no case later than
97.12July 1 in a year in which the term expires unless reappointed.
97.13 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
97.14power to:
97.15 (1) elect its chair, vice-chair, and secretary;
97.16 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
97.17board, and contain such other provisions as may be useful and necessary for the efficient
97.18conduct of the business of the board;
97.19 (3) adopt the High Pressure Piping Code that must be followed in this state and any
97.20High Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in
97.21subdivision 6, paragraphs (b), (c), and (d);
97.22 (4) review requests for final interpretations and issue final interpretations as provided
97.23in section 16B.63, subdivision 5;
97.24 (5) adopt rules that regulate the licensure or registration of high pressure piping
97.25contractors, journeymen, and other persons engaged in the design, installation, and
97.26alteration of high pressure piping systems, except for those individuals licensed under
97.27section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter
97.2814 and as provided in subdivision 6, paragraph (e);
97.29 (6) adopt rules that regulate continuing education for individuals licensed or
97.30registered as high pressure piping contractors, journeymen, or other persons engaged in
97.31the design, installation, and alteration of high pressure piping systems. The board shall
97.32adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraph (e);
97.33 (7) advise the commissioner regarding educational requirements for high pressure
97.34piping inspectors;
97.35 (8) refer complaints or other communications, whether orally or in writing, that
97.36allege or imply a violation of a statute, rule, or order that the commissioner has the
98.1authority to enforce pertaining to code compliance, licensure, or an offering to perform
98.2or performance of unlicensed high pressure piping services to the commissioner under
98.3subdivision 8;
98.4 (9) approve per diem and expenses deemed necessary for its members as provided in
98.5subdivision 3;
98.6 (10) select from its members individuals to serve on any other state advisory council,
98.7board, or committee; and
98.8 (11) recommend the fees for licenses and certifications.
98.9 Except for the powers granted to the Board of High Pressure Piping Systems, the
98.10commissioner of labor and industry shall administer and enforce the provisions of sections
98.11326.46 to 326.521 and any rules promulgated pursuant thereto.
98.12 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
98.13 (c) The commissioner shall coordinate the board's rulemaking and recommendations
98.14with the recommendations and rulemaking conducted by the other boards. The
98.15commissioner shall provide staff support to the board. The support includes professional,
98.16legal, technical, and clerical staff necessary to perform rulemaking and other duties
98.17assigned to the board. The commissioner of labor and industry shall supply necessary
98.18office space and supplies to assist the board in its duties.
98.19 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
98.20of $55 per day spent on board activities, when authorized by the board, plus expenses in
98.21the same manner and amount as authorized by the commissioner's plan adopted under
98.22section 43A.18, subdivision 2. Members who, as a result of time spent attending board
98.23meetings, incur child care expenses that would not otherwise have been incurred, may be
98.24reimbursed for those expenses upon board authorization.
98.25 (b) Members who are state employees or employees of political subdivisions of
98.26the state must not receive the daily payment for activities that occur during working
98.27hours for which they are compensated by the state or political subdivision. However, a
98.28state or political subdivision employee may receive the daily payment if the employee
98.29uses vacation time or compensatory time accumulated in accordance with a collective
98.30bargaining agreement or compensation plan for board activities. Members who are state
98.31employees or employees of the political subdivisions of the state may receive the expenses
98.32provided for in this subdivision unless the expenses are reimbursed by another source.
98.33Members who are state employees or employees of political subdivisions of the state
98.34may be reimbursed for child care expenses only for time spent on board activities that
98.35are outside their working hours.
99.1 (c) The board shall adopt internal standards prescribing what constitutes a day spent
99.2on board activities for purposes of making daily payments under this subdivision.
99.3 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
99.4removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
99.5missing three consecutive meetings. The chair of the board shall inform the governor of
99.6an appointed member missing three consecutive meetings. After the second consecutive
99.7missed meeting and before the next meeting, the secretary of the board shall notify the
99.8appointed member in writing that the member may be removed for missing the next
99.9meeting. In the case of a vacancy on the board, the governor shall, with the advice
99.10and consent of the senate, appoint a person to fill the vacancy for the remainder of the
99.11unexpired term.
99.12 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
99.13 Subd. 5. Membership vacancies within three months of appointment.
99.14 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
99.15three months after being filled through the appointment process, the governor may,
99.16upon notification to the Office of the Secretary of State, choose a new member from the
99.17applications on hand and need not repeat the process.
99.18 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
99.19members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
99.20majority of members of the board qualified to vote on the matter in question. All questions
99.21concerning the manner in which a meeting is conducted or called that are not covered
99.22by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
99.23specified by the bylaws.
99.24 (b) Except as provided in paragraph (c), each High Pressure Piping Code amendment
99.25considered by the board that receives an affirmative two-thirds or more majority vote
99.26of all of the voting members of the board shall be included in the next High Pressure
99.27Piping Code rulemaking proceeding initiated by the board. If a High Pressure Piping Code
99.28amendment considered, or reconsidered, by the board receives less than a two-thirds
99.29majority vote of all of the voting members of the board, the High Pressure Piping Code
99.30amendment shall not be included in the next High Pressure Piping Code rulemaking
99.31proceeding initiated by the board.
99.32 (c) If the High Pressure Piping Code amendment considered by the board is to
99.33replace the Minnesota High Pressure Piping Code with a model High Pressure Piping
99.34Code, then the amendment may only be included in the next High Pressure Piping Code
99.35rulemaking proceeding if it receives an affirmative two-thirds or more majority vote
99.36of all of the voting members of the board.
100.1 (d) The board may reconsider High Pressure Piping Code amendments during
100.2an active High Pressure Piping Code rulemaking proceeding in which the amendment
100.3previously failed to receive a two-thirds or more majority vote of all of the voting
100.4members of the board only if new or updated information that affects the High Pressure
100.5Piping Code amendment is presented to the board. The board may also reconsider failed
100.6High Pressure Piping Code amendments in subsequent High Pressure Piping Code
100.7rulemaking proceedings.
100.8 (e) Except as provided in paragraph (f), each proposed rule and rule amendment
100.9considered by the board pursuant to the rulemaking authority specified in subdivision 2,
100.10paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of all of the
100.11voting members of the board shall be included in the next rulemaking proceeding initiated
100.12by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
100.13board receives less than an affirmative majority vote of all of the voting members of the
100.14board, the proposed rule or rule amendment shall not be included in the next rulemaking
100.15proceeding initiated by the board.
100.16 (f) The board may reconsider a proposed rule or rule amendment during an
100.17active rulemaking proceeding in which the amendment previously failed to receive an
100.18affirmative majority vote of all of the voting members of the board only if new or updated
100.19information that affects the proposed rule or rule amendment is presented to the board.
100.20The board may also reconsider a failed proposed rule or rule amendment in subsequent
100.21rulemaking proceedings.
100.22 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
100.23board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
100.24and in such a manner as the bylaws may provide.
100.25 (b) If compliance with section 13D.02 is impractical, the board may conduct a
100.26meeting of its members by telephone or other electronic means so long as the following
100.27conditions are met:
100.28 (1) all members of the board participating in the meeting, wherever their physical
100.29location, can hear one another and can hear all discussion and testimony;
100.30 (2) members of the public present at the regular meeting location of the board can
100.31hear clearly all discussion and testimony and all votes of members of the board and, if
100.32needed, receive those services required by sections 15.44 and 15.441;
100.33 (3) at least one member of the board is physically present at the regular meeting
100.34location; and
100.35 (4) all votes are conducted by roll call, so each member's vote on each issue can be
100.36identified and recorded.
101.1 Each member of the board participating in a meeting by telephone or other electronic
101.2means is considered present at the meeting for purposes of determining a quorum and
101.3participating in all proceedings.
101.4 If telephone or other electronic means is used to conduct a regular, special, or
101.5emergency meeting, the board, to the extent practical, shall allow a person to monitor
101.6the meeting electronically from a remote location. The board may require the person
101.7making such a connection to pay for documented costs that the board incurs as a result of
101.8the additional connection.
101.9 If telephone or other electronic means is used to conduct a regular, special, or
101.10emergency meeting, the board shall provide notice of the regular meeting location, of the
101.11fact that some members may participate by telephone or other electronic means, and that a
101.12person may monitor the meeting electronically from a remote location. The timing and
101.13method of providing notice is governed by section 13D.04.
101.14 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
101.15the substance of any complaint or communication it receives, whether in writing or orally,
101.16that alleges or implies a violation of a statute, rule, or order that the commissioner has
101.17the authority to enforce pertaining to the license or registration of any person authorized
101.18by the department to provide high pressure piping services, the performance or offering
101.19to perform high pressure piping services requiring licensure by an unlicensed person, or
101.20high pressure code compliance. Each complaint or communication that is forwarded to the
101.21commissioner shall be submitted on a form provided by the commissioner.
101.22 (b) The commissioner shall advise the board of the status of a complaint within 90
101.23days after the board's written submission is received, or within 90 days after the board
101.24is provided with a written request for additional information or documentation from the
101.25commissioner or the commissioner's designee, whichever is later. The commissioner shall
101.26advise the board of the disposition of a complaint referred by the board within 180 days
101.27after the board's written submission is received. The commissioner shall annually report to
101.28the board a summary of the actions taken in response to complaints referred by the board.
101.29 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
101.30Government Data Practices Act, and shall protect from unlawful disclosure data classified
101.31as not public.
101.32 Subd. 10. Official records. The board shall make and preserve all records necessary
101.33to a full and accurate knowledge of its official activities in accordance with section 15.17.
101.34 Sec. 4. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
102.1 Subdivision 1. License required; rules; time credit. No
102.2engage in or work at the business of a contracting high pressure pipefitter unless issued an
102.3individual contracting pipefitter license to do so by the department
102.4under rules adopted by the board. No license shall be required for repairs on existing
102.5installations. No
102.6high pressure pipefitter unless issued an individual journeyman pipefitter competency
102.7license to do so by the department
102.8A person possessing an individual contracting pipefitter competency license may also
102.9work as a journeyman high pressure pipefitter.
102.10 No person
102.11piping, nor install high pressure piping in connection with the dealing in and selling of high
102.12pressure pipe material and supplies, unless, at all times, a
102.13contracting high pressure pipefitter individual competency license or a journeyman high
102.14pressure pipefitter individual competency license is responsible for ensuring that the high
102.15pressure pipefitting work
102.16is in conformity with Minnesota Statutes and Minnesota Rules.
102.17 The
102.18herewith, for the examination and individual competency licensing of contracting high
102.19pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
102.20by the department and municipalities for the installation of high pressure piping.
102.21 An employee performing the duties of inspector for the Department of Labor and
102.22Industry in regulating pipefitting shall not receive time credit for the inspection duties
102.23when making an application for a license required by this section.
102.24 Sec. 5. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
102.25 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
102.26for high pressure piping work, a person
102.27utilize a business with a high pressure piping business license.
102.28 A person
102.29employee at least one individual holding an individual contracting high pressure pipefitter
102.30competency license. Only full-time employees who hold individual contracting high
102.31pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
102.32name of the business. The individual contracting high pressure pipefitter competency
102.33license holder can be the employee of only one high pressure piping business at a time.
102.34 To retain its business license without reapplication, a person
102.35
103.1an individual holding an individual contracting high pressure pipefitter competency
103.2license shall have 60 days from the last day of employment of its previous individual
103.3contracting pipefitter competency license holder to employ another license holder. The
103.4department
103.5of employment of the previous license holder.
103.6 No high pressure pipefitting work may be performed during any period when the
103.7high pressure pipefitting business does not have an individual contracting high pressure
103.8pipefitter competency license holder on staff. If a license holder is not employed within
103.960 days after the last day of employment of the previous license holder, the pipefitting
103.10business license shall lapse.
103.11 The
103.12application for and issuance of business licenses
103.13 Sec. 6. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
103.14to read:
103.15 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
103.16license without examination, upon payment of the required fee, nonresident applicants
103.17who are licensed under the laws of a state having standards for licensing which the
103.18commissioner determines are substantially equivalent to the standards of this state if
103.19the other state grants similar privileges to Minnesota residents duly licensed in this
103.20state. Applicants who receive a temporary license under this section may acquire an
103.21aggregate of 24 months of experience before they have to apply and pass the licensing
103.22examination. Applicants must register with the commissioner of labor and industry and
103.23the commissioner shall set a fee for a temporary license. Applicants have five years in
103.24which to comply with this section.
103.25 Sec. 7. Minnesota Statutes 2006, section 326.50, is amended to read:
103.26326.50 LICENSE APPLICATION
103.27 Application for an individual contracting high pressure pipefitter competency or an
103.28individual journeyman high pressure pipefitter competency license shall be made to the
103.29department
103.30passing an examination developed and administered by the department
103.31
103.32the department shall expire on December 31 of each year. A renewal application must be
103.33received by the department within one year after expiration of the competency license. A
103.34license that has been expired for more than one year cannot be renewed, and can only be
104.1reissued if the applicant submits a new application for the competency license, pays a new
104.2application fee, and retakes and passes the applicable license examination.
104.3 Sec. 8. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
104.4 Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
104.5license under sections
104.6The contractor's recovery fund is created in the state treasury and must be administered
104.7by the commissioner in the manner and subject to all the requirements and limitations
104.8provided by section
104.9
104.10
104.11
104.12
| 104.13 |
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| 104.14 |
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| 104.15 |
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| 104.16 |
104.18
104.19
104.20within this state who obtains a final judgment in any court of competent jurisdiction
104.21against a licensee licensed under section
104.22dishonest practices, conversion of funds, or failure of performance arising directly out
104.23of any transaction when the judgment debtor was licensed and performed any of the
104.24activities enumerated under section
104.25property or on residential property rented by the lessee, or on new residential construction
104.26which was never occupied prior to purchase by the owner, or which was occupied by the
104.27licensee for less than one year prior to purchase by the owner, and which cause of action
104.28arose on or after April 1, 1994; and
104.29
104.30and administrative expenses, including staffing costs, incurred in administering the fund
104.31
104.32than $75,000 per licensee
104.33
104.34before the licensee paid the recovery fund fee set in clause (1), or as provided in section
105.1
105.2in settlement of a claim or toward satisfaction of a judgment against a licensee, the
105.3license shall be automatically suspended upon the effective date of an order by the court
105.4authorizing payment from the fund. No licensee shall be granted reinstatement until the
105.5licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
105.6paid from the fund on the licensee's account, and has obtained a surety bond issued by an
105.7insurer authorized to transact business in this state in the amount of at least $40,000.
105.8 Sec. 9. Minnesota Statutes 2006, section 326.992, is amended to read:
105.9326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
105.10 (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
105.11fuel burning, or refrigeration work must give bond to the state in the amount of
105.12$25,000 for all work entered into within the state. The bond must be for the benefit of
105.13persons suffering financial loss by reason of the contractor's failure to comply with the
105.14requirements of the State Mechanical Code. A bond given to the state must be filed with
105.15the commissioner of
105.16any political subdivision required for work covered by this section. The bond must be
105.17written by a corporate surety licensed to do business in the state.
105.18 (b) The commissioner of
105.19giving bond under this section an annual bond filing fee of $15.
105.20
105.21
105.22 Sec. 10. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
105.23SYSTEMS.
105.24 The commissioner of administration may not use the authority under Minnesota
105.25Statutes, section 16B.37, to modify transfers of authority in this act.
105.26 Sec. 11. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
105.27PRESSURE PIPING SYSTEMS.
105.28 The governor must complete the appointments required by Minnesota Statutes,
105.29section 326.471, no later than July 1, 2007. The commissioner of labor and industry
105.30shall convene the first meeting of the Board of High Pressure Piping Systems no later
105.31than September 1, 2007.
106.3 Section 1. Minnesota Statutes 2006, section 298.227, is amended to read:
106.4298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
106.5 An amount equal to that distributed pursuant to each taconite producer's taxable
106.6production and qualifying sales under section
106.7the Iron Range Resources and Rehabilitation Board in a separate taconite economic
106.8development fund for each taconite and direct reduced ore producer. Money from the
106.9fund for each producer shall be released by the commissioner after review by a joint
106.10committee consisting of an equal number of representatives of the salaried employees and
106.11the nonsalaried production and maintenance employees of that producer. The District 11
106.12director of the United States Steelworkers of America, on advice of each local employee
106.13president, shall select the employee members. In nonorganized operations, the employee
106.14committee shall be elected by the nonsalaried production and maintenance employees.
106.15The review must be completed no later than six months after the producer presents a
106.16proposal for expenditure of the funds to the committee. The funds held pursuant to this
106.17section may be released only for acquisition of plant and stationary mining equipment and
106.18facilities for the producer or for research and development in Minnesota on new mining, or
106.19taconite, iron, or steel production technology, but only if the producer provides a matching
106.20expenditure to be used for the same purpose of at least 50 percent of the distribution based
106.21on
106.22expenditures of money from the fund beginning the day following final enactment, the
106.23commissioner may not release the funds before the next scheduled meeting of the board.
106.24If the board rejects a proposed expenditure, the funds must be deposited in the Taconite
106.25Environmental Protection Fund under sections 298.222 to 298.225. If a producer uses
106.26money which has been released from the fund prior to the day following final enactment to
106.27procure haulage trucks, mobile equipment, or mining shovels, and the producer removes
106.28the piece of equipment from the taconite tax relief area defined in section
106.29ten years from the date of receipt of the money from the fund, a portion of the money
106.30granted from the fund must be repaid to the taconite economic development fund. The
106.31portion of the money to be repaid is 100 percent of the grant if the equipment is removed
106.32from the taconite tax relief area within 12 months after receipt of the money from the fund,
106.33declining by ten percent for each of the subsequent nine years during which the equipment
106.34remains within the taconite tax relief area. If a taconite production facility is sold after
106.35operations at the facility had ceased, any money remaining in the fund for the former
107.1producer may be released to the purchaser of the facility on the terms otherwise applicable
107.2to the former producer under this section. If a producer fails to provide matching funds
107.3for a proposed expenditure within six months after the commissioner approves release
107.4of the funds, the funds are available for release to another producer in proportion to the
107.5distribution provided and under the conditions of this section. Any portion of the fund
107.6which is not released by the commissioner within two years of its deposit in the fund shall
107.7be divided between the taconite environmental protection fund created in section
107.8and the Douglas J. Johnson economic protection trust fund created in section
107.9placement in their respective special accounts. Two-thirds of the unreleased funds shall be
107.10distributed to the taconite environmental protection fund and one-third to the Douglas J.
107.11Johnson economic protection trust fund.
107.12EFFECTIVE DATE.This section is effective for proposals for expenditures of
107.13money from the fund the day following final enactment.
107.14 Sec. 2. APPROPRIATION; IRON RANGE RESOURCES AND
107.15REHABILITATION BOARD.
107.16 (a) $575,000 is appropriated from the Iron Range Resources and Rehabilitation
107.17Board fund for fiscal year 2008 for allocation in this section:
107.18 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
107.19infrastructure to a peat project in Spencer Township in Aitkin County;
107.20 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
107.21Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
107.22endowment for the preservation;
107.23 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
107.24organization to employ youth for the construction of community centers;
107.25 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
107.26construction; and
107.27 (5) $75,000 is for a grant to the city of Chisholm to improve infrastructure at the
107.28city-owned baseball field.
107.29 These are onetime appropriations.
107.30 Sec. 3. IRRRB BUILDING.
107.31 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
107.32Minnesota is designated and named the Joe Begich Building and shall be signed as such
107.33at every entrance.
108.3 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
108.4 Subd. 6g.
108.5means
108.6
108.7 (1)
108.8
108.9to perform the electrical work being supervised;
108.10 (2) during the entire working day of the unlicensed individual, the licensed
108.11individual is physically present at the location where the unlicensed individual is
108.12preforming electrical work and immediately available to the unlicensed individual;
108.13 (3) the licensed
108.14the unlicensed
108.15 (4) electronic supervision does not meet the requirement of physically present and
108.16immediately available;
108.17 (5) the licensed individual shall review the electrical work performed by the
108.18unlicensed individual before the electrical work is operated; and
108.19
108.20work performed by the unlicensed
108.21section
108.22 The licensed
108.24 Sec. 2. [326.2411] BOARD OF ELECTRICITY.
108.25 Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12
108.26members. Eleven members shall be appointed by the governor with the advice and consent
108.27of the senate and shall be voting members. Appointments of members by the governor
108.28shall be made in accordance with section 15.066. If the senate votes to refuse to consent
108.29to an appointment of a member made by the governor, the governor shall appoint a new
108.30member with the advice and consent of the senate. One member shall be the commissioner
108.31of labor and industry or the commissioner's designee, who shall be a voting member. Of
108.32the 11 appointed members, the composition shall be as follows:
108.33 (1) one member shall be an electrical inspector;
108.34 (2) two members shall be representatives of the electrical suppliers in rural areas;
109.1 (3) two members shall be master electricians, who shall be contractors;
109.2 (4) two members shall be journeyman electricians;
109.3 (5) one member shall be a registered consulting electrical engineer;
109.4 (6) two members shall be power limited technicians, who shall be technology
109.5system contractors primarily engaged in the business of installing technology circuits
109.6or systems; and
109.7 (7) one member shall be a public member as defined by section 214.02.
109.8 The electrical inspector shall be appointed to a term to end December 31, 2011. One
109.9of the rural electrical suppliers shall be appointed for a term to end December 31, 2011,
109.10and one rural electrical supplier shall serve for a term to end December 31, 2010. The
109.11consulting electrical engineer shall be appointed for a term to end December 31, 2011.
109.12One of the master electrician contractors shall be appointed for a term to end December
109.1331, 2011, and one master electrician contractor shall be appointed for a term to end
109.14December 31, 2010. One of the journeyman electricians shall be appointed for a term to
109.15end December 31, 2011, and one journeyman electrician shall be appointed for a term to
109.16end December 31, 2010. One of the power limited technicians shall be appointed for a
109.17term to end December 31, 2011, and one power limited technician shall be appointed for
109.18a term to end December 31, 2010. The public member shall be appointed for a term to
109.19end December 31, 2010.
109.20 (b) The consulting electrical engineer must possess a current Minnesota professional
109.21engineering license and maintain the license for the duration of the term served on the
109.22board. All other appointed members, except the public member and the representatives of
109.23electrical suppliers in rural areas, must possess a current electrical license issued by the
109.24Department of Labor and Industry and maintain that license for the duration of their terms.
109.25All appointed members must be residents of Minnesota at the time of and throughout
109.26their terms. The term of any appointed member who does not maintain membership
109.27qualification status shall end on the date of status change and the governor shall appoint
109.28a replacement member. It is the responsibility of the member to notify the board of a
109.29change in the member's status.
109.30 (c) For appointed members, except the initial terms designated in paragraph (a), each
109.31term shall be three years with the terms ending on the first Monday in January. Members
109.32appointed by the governor shall be limited to three consecutive terms. The governor shall,
109.33all or in part, reappoint the current members or appoint replacement members with the
109.34advice and consent of the senate. Midterm vacancies shall be filled for the remaining
109.35portion of the term. Vacancies occurring with less than six months time remaining in the
109.36term shall be filled for the existing term and the following three-year term. Members may
110.1serve until their successors are appointed but in no case later than July 1 in a year in
110.2which the term expires unless reappointed.
110.3 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
110.4power to:
110.5 (1) elect its chair, vice-chair, and secretary;
110.6 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the
110.7board, and contain such other provisions as may be useful and necessary for the efficient
110.8conduct of the business of the board;
110.9 (3) the Minnesota Electrical Code shall be the most current edition of the National
110.10Electrical Code upon its adoption by the board and any amendments thereto as adopted
110.11by the board. The board shall adopt the most current edition of the National Electrical
110.12Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
110.136, paragraphs (b) and (c);
110.14 (4) review requests for final interpretations and issue final interpretations as provided
110.15in section 16B.63, subdivision 5;
110.16 (5) adopt rules that regulate the licensure or registration of electrical businesses,
110.17electrical contractors, master electricians, journeyman electricians, class A installer, class
110.18B installer, power limited technicians, and other persons who perform electrical work.
110.19The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
110.206, paragraphs (d) and (e);
110.21 (6) adopt rules that regulate continuing education for individuals licensed or
110.22registered as electrical businesses, electrical contractors, master electricians, journeyman
110.23electricians, class A installer, class B installer, power limited technicians, and other
110.24persons who perform electrical work. The board shall adopt these rules pursuant to
110.25chapter 14 and as provided in subdivision 6, paragraph (e);
110.26 (7) advise the commissioner regarding educational requirements for electrical
110.27inspectors;
110.28 (8) refer complaints or other communications, whether orally or in writing, that
110.29allege or imply a violation of a statute, rule, or order that the commissioner has the
110.30authority to enforce pertaining to code compliance, licensure, or an offering to perform or
110.31performance of unlicensed electrical services to the commissioner under subdivision 8;
110.32 (9) approve per diem and expenses deemed necessary for its members as provided in
110.33subdivision 3;
110.34 (10) approve license reciprocity agreements;
110.35 (11) select from its members individuals to serve on any other state advisory council,
110.36board, or committee; and
111.1 (12) recommend the fees for licenses and certifications.
111.2 Except for the powers granted to the Board of Electricity, the commissioner of labor
111.3and industry shall administer and enforce the provisions of sections 326.241 to 326.248
111.4and any rules promulgated pursuant thereto.
111.5 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
111.6 (c) The commissioner shall coordinate the board's rulemaking and recommendations
111.7with the recommendations and rulemaking conducted by the other boards. The
111.8commissioner shall provide staff support to the board. The support includes professional,
111.9legal, technical, and clerical staff necessary to perform rulemaking and other duties
111.10assigned to the board. The commissioner of labor and industry shall supply necessary
111.11office space and supplies to assist the board in its duties.
111.12 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
111.13of $55 per day spent on board activities, when authorized by the board, plus expenses, in
111.14the same manner and amount as authorized by the commissioner's plan adopted under
111.15section 43A.18, subdivision 2. Members who, as a result of time spent attending board
111.16meetings, incur child care expenses that would not otherwise have been incurred, may be
111.17reimbursed for those expenses upon board authorization.
111.18 (b) Members who are state employees or employees of political subdivisions of
111.19the state must not receive the daily payment for activities that occur during working
111.20hours for which they are compensated by the state or political subdivision. However, a
111.21state or political subdivision employee may receive the daily payment if the employee
111.22uses vacation time or compensatory time accumulated in accordance with a collective
111.23bargaining agreement or compensation plan for board activities. Members who are state
111.24employees or employees of the political subdivisions of the state may receive the expenses
111.25provided for in this subdivision unless the expenses are reimbursed by another source.
111.26Members who are state employees or employees of political subdivisions of the state
111.27may be reimbursed for child care expenses only for time spent on board activities that
111.28are outside their working hours.
111.29 (c) The board shall adopt internal standards prescribing what constitutes a day spent
111.30on board activities for purposes of making daily payments under this subdivision.
111.31 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
111.32removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
111.33missing three consecutive meetings. The chair of the board shall inform the governor of
111.34an appointed member missing three consecutive meetings. After the second consecutive
111.35missed meeting and before the next meeting, the secretary of the board shall notify the
111.36appointed member in writing that the member may be removed for missing the next
112.1meeting. In the case of a vacancy on the board, the governor shall, with the advice
112.2and consent of the senate, appoint a person to fill the vacancy for the remainder of the
112.3unexpired term.
112.4 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
112.5 Subd. 5. Membership vacancies within three months of appointment.
112.6 Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
112.7three months after being filled through the appointment process, the governor may,
112.8upon notification to the Office of the Secretary of State, choose a new member from the
112.9applications on hand and need not repeat the process.
112.10 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
112.11members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
112.12majority of members of the board qualified to vote on the matter in question. All questions
112.13concerning the manner in which a meeting is conducted or called that are not covered
112.14by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
112.15specified by the bylaws.
112.16 (b) Except as provided in paragraph (c), each Electrical Code amendment considered
112.17by the board that receives an affirmative two-thirds or more majority vote of all of the
112.18voting members of the board shall be included in the next Electrical Code rulemaking
112.19proceeding initiated by the board. If an Electrical Code amendment considered, or
112.20reconsidered, by the board receives less than a two-thirds majority vote of all of the voting
112.21members of the board, the Electrical Code amendment shall not be included in the next
112.22Electrical Code rulemaking proceeding initiated by the board.
112.23 (c) The board may reconsider Electrical Code amendments during an active
112.24Electrical Code rulemaking proceeding in which the amendment previously failed to
112.25receive a two-thirds or more majority vote of all of the voting members of the board only if
112.26new or updated information that affects the Electrical Code amendment is presented to the
112.27board. The board may also reconsider failed Electrical Code amendments in subsequent
112.28Electrical Code rulemaking proceedings.
112.29 (d) Except as provided in paragraph (e), each proposed rule and rule amendment
112.30considered by the board pursuant to the rulemaking authority specified in subdivision 2,
112.31paragraph (a), clauses (5) and (6), that receives an affirmative majority vote of the all the
112.32voting members of the board shall be included in the next rulemaking proceeding initiated
112.33by the board. If a proposed rule or rule amendment considered, or reconsidered, by the
112.34board receives less than an affirmative majority vote of all of the voting members of the
112.35board, the proposed rule or rule amendment shall not be included in the next rulemaking
112.36proceeding initiated by the board.
113.1 (e) The board may reconsider a proposed rule or rule amendment during an
113.2active rulemaking proceeding in which the amendment previously failed to receive an
113.3affirmative majority vote of all of the voting members of the board only if new or updated
113.4information that affects the proposed rule or rule amendment is presented to the board.
113.5The board may also reconsider a failed proposed rule or rule amendment in subsequent
113.6rulemaking proceedings.
113.7 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
113.8board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
113.9and in such a manner as the bylaws may provide.
113.10 (b) If compliance with section 13D.02 is impractical, the board may conduct a
113.11meeting of its members by telephone or other electronic means so long as the following
113.12conditions are met:
113.13 (1) all members of the board participating in the meeting, wherever their physical
113.14location, can hear one another and can hear all discussion and testimony;
113.15 (2) members of the public present at the regular meeting location of the board can
113.16hear clearly all discussion and testimony and all votes of members of the board and, if
113.17needed, receive those services required by sections 15.44 and 15.441;
113.18 (3) at least one member of the board is physically present at the regular meeting
113.19location; and
113.20 (4) all votes are conducted by roll call, so each member's vote on each issue can be
113.21identified and recorded.
113.22 Each member of the board participating in a meeting by telephone or other electronic
113.23means is considered present at the meeting for purposes of determining a quorum and
113.24participating in all proceedings.
113.25 If telephone or other electronic means is used to conduct a regular, special, or
113.26emergency meeting, the board, to the extent practical, shall allow a person to monitor
113.27the meeting electronically from a remote location. The board may require the person
113.28making such a connection to pay for documented costs that the board incurs as a result of
113.29the additional connection.
113.30 If telephone or other electronic means is used to conduct a regular, special, or
113.31emergency meeting, the board shall provide notice of the regular meeting location, of the
113.32fact that some members may participate by telephone or other electronic means, and that a
113.33person may monitor the meeting electronically from a remote location. The timing and
113.34method of providing notice is governed by section 13D.04.
113.35 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
113.36the substance of any complaint or communication it receives, whether in writing or orally,
114.1that alleges or implies a violation of a statute, rule, or order that the commissioner has the
114.2authority to enforce pertaining to the license or registration of any person authorized by the
114.3department to provide electrical services, the performance or offering to perform electrical
114.4services requiring licensure by an unlicensed person, or Electrical Code compliance. Each
114.5complaint or communication that is forwarded to the commissioner shall be submitted
114.6on a form provided by the commissioner.
114.7 (b) The commissioner shall advise the board of the status of a complaint within 90
114.8days after the board's written submission is received, or within 90 days after the board
114.9is provided with a written request for additional information or documentation from the
114.10commissioner or the commissioner's designee, whichever is later. The commissioner shall
114.11advise the board of the disposition of a complaint referred by the board within 180 days
114.12after the board's written submission is received. The commissioner shall annually report to
114.13the board a summary of the actions taken in response to complaints referred by the board.
114.14 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
114.15Government Data Practices Act, and shall protect from unlawful disclosure data classified
114.16as not public.
114.17 Subd. 10. Official records. The board shall make and preserve all records necessary
114.18to a full and accurate knowledge of its official activities in accordance with section 15.17.
114.19 Sec. 3. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
114.20 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
114.21no
114.22altering,
114.23for technology circuits or systems unless:
114.24 (1) the
114.25technician; and
114.26 (2) the electrical work is:
114.27 (i) for a licensed contractor and the
114.28officer of, or is the licensed contractor; or
114.29 (ii) performed under the direct supervision of a master electrician or power limited
114.30technician also employed by the
114.31systems, apparatus, equipment, or facilities that are owned or leased by the employer that
114.32are located within the limits of property operated, maintained, and either owned or leased
114.33
114.34 (b) An applicant for a power limited technician's license shall (1) be a graduate
114.35of a four-year electrical course
115.1have had at least 36 months' experience, acceptable to the board, in planning for, laying
115.2out, supervising,
115.3for power limited systems, provided however, that the board may by rule provide for the
115.4allowance of up to 12 months (2,000 hours) of experience credit for successful completion
115.5of a two-year post high school electrical course or other technical training approved by
115.6the board.
115.7 (c)
115.8
115.9
115.10the board every renewal period.
115.11
115.12
115.13
115.14
115.15
115.16
115.17may designate one
115.18without passing an examination administered by the
115.19application and license fee of $30.
115.20
115.2131, 2007, to take the power limited technician examination administered by the
115.22department is not required to meet the qualifications set forth in paragraph (b).
115.23EFFECTIVE DATE.This section is effective the day following final enactment.
115.24 Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
115.25 Subd. 5. Unlicensed
115.26means an individual who has not been licensed by the department to perform specific
115.27electrical work. An unlicensed individual shall not perform electrical work required to
115.28be performed by a licensed individual unless the individual has first registered with the
115.29department as an unlicensed individual. Thereafter, an unlicensed individual shall not
115.30perform electrical work required to be performed by a licensed individual unless the work
115.31is performed under the
115.32licensed to perform such work
115.33
115.34individuals shall not permit unlicensed
115.35except under the
116.1perform such work. Unlicensed
116.2electrical work or make assignments of electrical work to unlicensed
116.3Except for technology circuit or system work, licensed
116.4no more than two unlicensed
116.5work, licensed
116.6individuals.
116.7 (b) Notwithstanding any other provision of this section, no
116.8than a master electrician or power limited technician shall plan or lay out electrical wiring,
116.9apparatus, or equipment for light, heat, power, or other purposes, except circuits or
116.10systems exempted from personal licensing by subdivision 12, paragraph (b).
116.11 (c) Contractors employing unlicensed
116.12electrical work shall maintain records establishing compliance with this subdivision,
116.13
116.14work, except for persons working on circuits or systems exempted from personal licensing
116.15by subdivision 12, paragraph (b), and shall permit the
116.16copy all such records
116.17 (d) When a licensed individual supervises the electrical work of an unlicensed
116.18individual, the licensed individual is responsible for ensuring that the electrical work
116.19complies with the Minnesota Electrical Act and rules adopted under the act.
116.20 Sec. 5. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
116.21to read:
116.22 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
116.23performing electrical work for a contractor or employer shall register with the department
116.24in the manner prescribed by the commissioner. Experience credit for electrical work
116.25performed in Minnesota after January 1, 2008, by an applicant for a license identified in
116.26this section shall not be granted where the applicant has not registered with or is not
116.27licensed by the department.
116.28 Sec. 6. Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read:
116.29 Subd. 8. License, registration, and renewal fees; expiration.
116.30
116.31suspended under this chapter, all licenses issued or renewed under this section expire
116.32on the date specified in this subdivision. Master licenses expire March 1 of each
116.33odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
116.341 of each even-numbered year after issuance or renewal. Technology system contractor
117.1licenses expire August 1 of each even-numbered year after issuance or renewal. All
117.2other personal licenses expire two years from the date of original issuance and every two
117.3years thereafter. Registrations of unlicensed individuals expire one year from the date of
117.4original issuance and every year thereafter.
117.5 (b) Fees
117.6for the original issuance and each subsequent renewal
117.7 (1) For each personal license application and examination: $35;
117.8
117.9
117.10
117.11
117.12 (2) For original issuance
117.13 Class A Master
117.14$40 per year;
117.15 Class B Master
117.16 Power Limited Technician
117.17 Class A Journeyman, Class B Journeyman, Installer, or Special Electrician
117.18than master special electrician: $15 per year;
117.19
117.20
117.21 (c) If any new license is issued in accordance with this subdivision for less than two
117.22years, the fee for the license shall be prorated on an annual basis.
117.23 (d) A license fee may not be refunded after a license is issued or renewed. However,
117.24if the fee paid for a license was not prorated in accordance with this subdivision, the
117.25amount of the overpayment shall be refunded.
117.26 (e) Any contractor who seeks reissuance of a license after it has been revoked or
117.27suspended under this chapter shall submit a reissuance fee of $100 before the license is
117.28reinstated.
117.29 (f) The fee for the issuance of each duplicate license is $15.
117.30
117.31the expiration or registration of the license must submit a late fee equal to one year's
117.32license fee in addition to the full renewal fee. Fees for renewed licenses or registrations
117.33are not prorated. An individual or contractor that fails to renew a license or registration by
117.34the expiration date is unlicensed until the license or registration is renewed.
117.35 Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
118.1 Subd. 11. Reciprocity.
118.2
118.3
118.4
118.5
118.6
118.7
118.8agreements for personal licenses with another state if approved by the board. Once
118.9approved by the board, the commissioner may issue a personal license without requiring
118.10the applicant to pass an examination provided the applicant:
118.11 (a) submits an application under section 326.242;
118.12 (b) pays the fee required under section 326.242; and
118.13 (c) holds a valid comparable license in the state participating in the agreement.
118.14 Agreements are subject to the following:
118.15 (1) The parties to the agreement must administer a statewide licensing program that
118.16includes examination and qualifying experience or training comparable to Minnesota's.
118.17 (2) The experience and training requirements under which an individual applicant
118.18qualified for examination in the qualifying state must be deemed equal to or greater than
118.19required for an applicant making application in Minnesota at the time the applicant
118.20acquired the license in the qualifying state.
118.21 (3) The applicant must have acquired the license in the qualifying state through an
118.22examination deemed equivalent to the same class of license examination in Minnesota.
118.23A lesser class of license may be granted where the applicant has acquired a greater
118.24class of license in the qualifying state and the applicant otherwise meets the conditions
118.25of this subdivision.
118.26 (4) At the time of application, the applicant must hold a valid license in the
118.27qualifying state and have held the license continuously for at least one year before making
118.28application in Minnesota.
118.29 (5) An applicant is not eligible for a license under this subdivision if the applicant
118.30has failed the same or greater class of license examination in Minnesota, or if the
118.31applicant's license of the same or greater class has been revoked or suspended.
118.32 (6) An applicant who has failed to renew a personal license for two years or more
118.33after its expiration is not eligible for a license under this subdivision.
118.34 Sec. 8. Minnesota Statutes 2006, section 326.2441, is amended to read:
118.35326.2441 INSPECTION FEE SCHEDULE.
119.1 Subdivision 1. Schedule. State electrical inspection fees shall be
119.2
119.3 Subd. 2. Fee for each separate inspection. The minimum fee for each separate
119.4inspection of an installation, replacement, alteration, or repair is
119.5otherwise provided in this section, the maximum number of separate inspections allowed
119.6without payment of an additional fee is the whole number resulting from dividing by
119.735 the total fee calculated in accordance with this section. Where additional separate
119.8inspections are necessary, additional fees are required to result in a value equal to the total
119.9number of separate inspections multiplied by 35. The fee for any inspections needed after
119.10a "final inspection" is performed shall be calculated without consideration of any fee
119.11paid before the final inspection.
119.12 Subd. 3. Fee for services, generators, other power supply sources, or feeders to
119.13separate structures. The inspection fee for the installation, addition, alteration, or repair
119.14of each service, change of service, temporary service, generator, other power supply
119.15source, or feeder to a separate structure is:
119.16 (1) 0 ampere to and including 400 ampere capacity,
119.17 (2) 401 ampere to and including 800 ampere capacity,
119.18 (3) ampere capacity above 800,
119.19 Where multiple disconnects are grouped at a single location and are supplied by a
119.20single set of supply conductors the cumulative rating of the overcurrent devices shall be
119.21used to determine the supply ampere capacity.
119.22 Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
119.23conductors. The inspection fee for the installation, addition, alteration, or repair of
119.24each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
119.25the equipment served, is:
119.26 (1) 0 ampere to and including 200 ampere capacity,
119.27 (2) ampere capacity above 200,
119.28 Where existing feeders and circuits are reconnected to overcurrent devices installed
119.29as part of the replacement of an existing disconnect, switchboard, motor control center, or
119.30panelboard, the inspection fee for each circuit or feeder is $2.
119.31 Subd. 5.
119.32 (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
119.33dwelling
119.34
119.35the following:
119.36 (1) the fee for each service or other source of power as provided in subdivision 3;
120.1 (2) $100 for up to 30 feeders and circuits; and
120.2 (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
120.3This fee applies to each separate installation for new dwellings and
120.4
120.5or more feeders or circuits are installed or extended in connection with any addition,
120.6alteration, or repair to existing dwellings. Where existing feeders and circuits are
120.7reconnected to overcurrent devices installed as part of the replacement of an existing
120.8panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
120.9of separate inspections shall be determined in accordance with subdivision 2. The
120.10fee for additional inspections or other installations is that specified in subdivisions 2
120.11
120.12request for electrical inspection. The fee for each detached accessory structure directly
120.13associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
120.144. When included on the same request for electrical inspection form, inspection fees for
120.15detached accessory structures directly associated with the dwelling unit may be combined
120.16with the dwelling unit fees to determine the maximum number of separate inspections in
120.17accordance with subdivision 2.
120.18 (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
120.19
120.20$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
120.21or circuit. This fee applies to each separate installation for each new dwelling unit and
120.22where ten or more feeders or circuits are installed or extended in connection with any
120.23addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
120.24are reconnected to overcurrent devices installed as part of the replacement of an existing
120.25panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
120.26of separate inspections for each dwelling unit shall be determined in accordance with
120.27subdivision 2. The fee for additional inspections or for inspection of other installations
120.28is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the
120.29wiring within individual dwelling units and the final feeder to that unit
120.30
120.31
120.32and each dwelling unit is supplied by a separate feeder or feeders extended from common
120.33service or distribution equipment. The fee for multifamily dwelling services or other
120.34power source supplies and all other circuits is that specified in subdivisions 2 to 4
121.1
121.2
121.3
121.4 (c) A separate request for electrical inspection form must be filed for each dwelling
121.5unit that is supplied with an individual set of service entrance conductors. These fees are
121.6the one-family dwelling rate specified in paragraph (a).
121.7 Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
121.8supply for each manufactured home park lot is
121.9feeder conductors up to and including the service equipment or disconnecting means.
121.10The fee for feeders and circuits that extend from the service or disconnecting means is
121.11that specified in subdivision 4.
121.12 (b) The fee for each recreational vehicle site electrical supply equipment is
121.13for each circuit originating within the equipment. The fee for recreational vehicle park
121.14services, feeders, and circuits is that specified in subdivisions 3 and 4.
121.15 (c) The fee for each street, parking lot, or outdoor area lighting standard
121.16
121.17signal controller shall not be used when
121.18 (d) The fee for transformers for light, heat, and power is
121.19rated up to ten kilovolt-amperes and
121.20kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
121.21supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
121.22supplies.
121.23 (e) The fee for transformers and electronic power supplies for electric signs and
121.24outline lighting is $5 per unit.
121.25 (f) The fee for
121.26circuits or systems, and circuits of less than 50 volts, is
121.27or apparatus.
121.28 (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
121.29fountain, an equipotential plane for an agricultural confinement area, or similar installation
121.30
121.31being concealed.
121.32 (h) The fee for all wiring installed on center pivot irrigation booms is
121.33$5 for each electrical drive unit.
121.34 (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
121.35
122.1 (j) When a separate inspection of a concrete-encased grounding electrode is
122.2performed, the fee is $35.
122.3 (k) The fees required by subdivisions 3 and 4 are doubled for installations over
122.4600 volts.
122.5 Subd. 7. Investigation fees: work without a request for electrical inspection.
122.6 (a) Whenever any work for which a request for electrical inspection is required
122.7
122.8
122.9inspection form is accepted
122.10 (b) An investigation fee, in addition to the full fee required by subdivisions 1
122.11to 6, shall be paid before an inspection is made. The investigation fee is two times the
122.12
122.13by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
122.14investigation fee does not exempt any person from compliance with all other provisions of
122.15the
122.16 Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
122.17when reinspection is necessary to determine whether unsafe conditions identified during a
122.18final inspection have been corrected and the conditions are not the subject of an appeal
122.19pending before the
122.20shall be assessed in writing by the inspector.
122.21 Subd. 9. Supplemental fee. When inspections scheduled by the installer are
122.22preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
122.23to circumstances beyond the control of the inspector, a supplemental inspection fee of
122.24
122.25 Subd. 10. Special inspection. For inspections not covered in this section, or for
122.26requested special inspections or services, the fee
122.27travel time, plus
122.28cost of equipment or material consumed. This provision is applicable to inspection
122.29of empty conduits and other jobs as may be determined by the
122.30This fee may also be assessed when installations are not accessible by roadway and
122.31require alternate forms of transportation
122.32inspections are performed outside of Minnesota. For purposes of this subdivision,
122.33the standard mileage rate is the standard mileage rate effective at the time of travel,
122.34as established by the Internal Revenue Service for computing the deductible costs of
122.35operating an automobile for business expense purposes.
123.1 Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
123.2projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
123.3sites, and portable road construction plants, the inspection procedures and fees are as
123.4specified in paragraphs (b) to (i).
123.5 (b) The fee for inspection of each generator or other source of supply is that specified
123.6in subdivision 3. A like fee is required at each engagement or setup.
123.7 (c) In addition to the fee for generators or other sources of supply, there must be an
123.8inspection of all installed feeders, circuits, and equipment at each engagement or setup at
123.9the hourly rate specified in subdivision 10, with a
123.10 (d) An owner, operator, or appointed representative of a transitory enterprise
123.11including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
123.12shows, portable road construction plants, and similar enterprises shall notify the
123.13commissioner of its itinerary or schedule and make application for initial inspection a
123.14minimum of 14 days before its first engagement or setup. An owner, operator, or appointed
123.15representative of a transitory enterprise who fails to notify the
123.16days before its first engagement or setup may be subject to the investigation fees specified
123.17in subdivision 7. The owner, operator, or appointed representative shall request inspection
123.18and pay the inspection fee for each subsequent engagement or setup at the time of the initial
123.19inspection. For subsequent engagements or setups not listed on the itinerary or schedule
123.20submitted to the
123.21least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
123.22 (e) Amusement rides, devices, concessions, attractions, or other units must be
123.23inspected at their first appearance of the year. The inspection fee is
123.24supply of up to 60 amperes and
123.25 (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
123.26for additional time spent by each inspector if equipment is not ready or available for
123.27inspection at the time and date specified on the application for initial inspection or the
123.28request for electrical inspection form.
123.29 (g) In addition to the fees specified in paragraphs (a) and (b), a fee of
123.30hour at the hourly rate specified in subdivision 10 must be charged for inspections required
123.31to be performed on Saturdays, Sundays, holidays, or after regular business hours.
123.32 (h) The fee for reinspection of corrections or supplemental inspections where an
123.33additional trip is necessary may be assessed as specified in subdivision 8.
123.34 (i) The
123.35operator, or appointed representative of a transitory enterprise fails to notify the
123.36commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
124.1 Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions
124.22 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
124.3commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
124.4 Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
124.5of the paper form requesting an electrical inspection is up to $1.
124.6 Subd. 13. National Electrical Code used for interpretation of provisions. For
124.7purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most
124.8recently adopted edition of the National Electrical Code shall be prima facie evidence of
124.9the definitions, interpretations, and scope of words and terms used.
124.12 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
124.13178.01 PURPOSES.
124.14 The purposes of this chapter are: to open to young people regardless of race, sex,
124.15creed, color or national origin, the opportunity to obtain training that will equip them for
124.16profitable employment and citizenship; to establish as a means to this end, a program
124.17of voluntary apprenticeship under approved apprentice agreements providing facilities
124.18for their training and guidance in the arts, skills, and crafts of industry and trade, with
124.19concurrent, supplementary instruction in related subjects; to promote employment
124.20opportunities under conditions providing adequate training and reasonable earnings;
124.21to relate the supply of skilled workers to employment demands; to establish standards
124.22for apprentice training; to establish an Apprenticeship
124.23apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
124.24for a Division of Labor Standards and Apprenticeship within the Department of Labor
124.25and Industry; to provide for reports to the legislature regarding the status of apprentice
124.26training in the state; to establish a procedure for the determination of apprentice agreement
124.27controversies; and to accomplish related ends.
124.28 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
124.29178.02 APPRENTICESHIP
124.30 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
124.31called the commissioner, shall appoint an Apprenticeship
124.32hereinafter referred to as the
124.33employer and employee organizations, and two representatives of the general public. The
125.1director of education responsible for career and technical education or designee shall be an
125.2ex officio member of the
125.3 Subd. 2. Terms. The
125.4removal of appointed members shall be as provided in section
125.5
125.6 Subd. 4. Duties. The
125.7shall propose occupational classifications for apprenticeship programs; propose minimum
125.8standards for apprenticeship programs and agreements; and advise on the establishment
125.9of such policies, procedures, and rules as the
125.10implementing the intent of this chapter.
125.11 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
125.12 Subd. 3. Duties and functions. The director, under the supervision of the
125.13commissioner, and with the advice and consultation of the Apprenticeship
125.14
125.15apprenticeship and other forms of on the job training; to establish, in cooperation and
125.16consultation with the Apprenticeship
125.17committees, conditions and training standards for the approval of apprenticeship programs
125.18and agreements, which conditions and standards shall in no case be lower than those
125.19prescribed by this chapter; to promote equal employment opportunity in apprenticeship
125.20and other on the job training and to establish a Minnesota plan for equal employment
125.21opportunity in apprenticeship which shall be consistent with standards established
125.22under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
125.23registration to sponsors of approved apprenticeship programs; to act as secretary of the
125.24Apprenticeship
125.25for the best interest of the apprentice, any apprenticeship agreement which meets the
125.26standards established hereunder; to terminate any apprenticeship agreement in accordance
125.27with the provisions of such agreement; to keep a record of apprenticeship agreements and
125.28their disposition; to issue certificates of completion of apprenticeship; and to perform
125.29such other duties as the commissioner deems necessary to carry out the intent of this
125.30chapter; provided, that the administration and supervision of supplementary instruction in
125.31related subjects for apprentices; coordination of instruction on a concurrent basis with
125.32job experiences, and the selection and training of teachers and coordinators for such
125.33instruction shall be the function of state and local boards responsible for vocational
125.34education. The director shall have the authority to make wage determinations applicable
125.35to the graduated schedule of wages and journeyman wage rate for apprenticeship
126.1agreements, giving consideration to the existing wage rates prevailing throughout the
126.2state, except that no wage determination by the director shall alter an existing wage
126.3provision for apprentices or journeymen that is contained in a bargaining agreement in
126.4effect between an employer and an organization of employees, nor shall the director
126.5make any determination for the beginning rate for an apprentice that is below the wage
126.6minimum established by federal or state law.
126.7 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
126.8 Subdivision 1. Rules. The commissioner may, upon receipt of the
126.9proposals, accept, adopt, and issue them by rule with any modifications or amendments
126.10the commissioner finds appropriate. The commissioner may refer them back to the
126.11
126.12the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
126.13a board proposal, the commissioner must provide a written explanation of the reason
126.14for the refusal to the board within 30 days after the board submitted the proposal to the
126.15commissioner. Additional rules may be issued as the commissioner may deem necessary.
126.18 Section 1. Minnesota Statutes 2006, section 190.096, is amended to read:
126.19190.096 BATTLE FLAGS; REPAIR.
126.20 Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
126.21Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
126.22Society may contract for the repair, restoration, and preservation of regimental battle flags,
126.23standards, and guidons with persons or corporations skilled in such repair, restoration, and
126.24preservation, upon terms or conditions the adjutant general or the Minnesota Historical
126.25Society deems proper
126.26 Subd. 2. Surrender. Notwithstanding the provisions of this section or section
126.28of this section, surrender the immediate custody and control of regimental battle flags,
126.29standards, and guidons under conditions and safeguards the adjutant general or the
126.30Minnesota Historical Society deems necessary and proper, for such time as is reasonably
126.31necessary for their restoration, after which they shall at once be again properly stored
126.32or displayed. The adjutant general or the Minnesota Historical Society shall provide
126.33adequate storage and display space for flags, standards, and guidons which have been
126.34repaired and restored.
127.1 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
127.2Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
127.3preserved under the care and control of the Minnesota Historical Society. They shall be
127.4suitably encased and marked, and, so far as the historical society may deem it consistent
127.5with the safety of the flags and colors, they shall be publicly displayed in the capitol.
127.6 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
127.7preserved under the care and control of the adjutant general. They shall be suitably
127.8encased and marked, and, so far as the adjutant general may deem it consistent with the
127.9safety of the flags and colors, shall be publicly displayed.
127.10 Sec. 2. [325E.65] SALE OF AMERICAN FLAGS.
127.11 No person in the business of offering goods at retail may sell or offer for sale in this
127.12state an American flag unless the flag was manufactured in the United States of America.
127.13EFFECTIVE DATE.This section is effective January 1, 2008.
127.14 Sec. 3. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
127.15 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
127.16installation seals and inspections which are sufficient to cover all costs incurred in the
127.17administration of sections
127.18rule a monitoring inspection fee in an amount that will comply with the secretary's fee
127.19distribution program. This monitoring inspection fee shall be an amount paid by the
127.20manufacturer for each manufactured home produced in Minnesota. The monitoring
127.21inspection fee shall be paid by the manufacturer to the secretary. The rules of the
127.22fee distribution program require the secretary to distribute the fees collected from all
127.23manufactured home manufacturers among states approved and conditionally approved
127.24based on the number of new manufactured homes whose first location after leaving the
127.25manufacturer is on the premises of a distributor, dealer or purchaser in that state.
127.26
127.27
127.28
127.29
127.30 Sec. 4. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
127.31 Subd. 6. Authorization as agency. The commissioner shall apply to the secretary
127.32for approval of the commissioner as the administrative agency for the regulation of
127.33manufactured homes under the rules of the secretary. The commissioner may make
128.1rules for the administration and enforcement of department responsibilities as a state
128.2administrative agency including, but not limited to, rules for the handling of citizen's
128.3complaints. All money received for services provided by the commissioner or the
128.4department's authorized agents as a state administrative agency shall be deposited in
128.5the
128.6administration, and enforcement of the Manufactured Home Construction and Safety
128.7Standards, consistent with rules and regulations promulgated by the United States
128.8Department of Housing and Urban Development. The commissioner may adopt the
128.9rules, codes, and standards necessary to enforce the standards promulgated under this
128.10section. The commissioner is authorized to conduct hearings and presentations of views
128.11consistent with regulations adopted by the United States Department of Housing and
128.12Urban Development and to adopt rules in order to carry out this function.
128.13 Sec. 5. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
128.14 Subd. 7. Fees; licenses; when granted. Each application for a license or license
128.15renewal must be accompanied by a fee in an amount established by the commissioner
128.16by rule pursuant to section
128.17the fiscal biennium will produce revenues approximately equal to the expenses which
128.18the commissioner expects to incur during that fiscal biennium while administering and
128.19enforcing sections
128.20
128.21
128.22
128.23or deny a license application or a renewal application within 60 days of its filing. If the
128.24license is granted, the commissioner shall license the applicant as a dealer or manufacturer
128.25for the remainder of the calendar year. Upon application by the licensee, the commissioner
128.26shall renew the license for a two year period, if:
128.27 (a) the renewal application satisfies the requirements of subdivisions 3 and 4;
128.28 (b) the renewal applicant has made all listings, registrations, notices and reports
128.29required by the commissioner during the preceding year; and
128.30 (c) the renewal applicant has paid all fees owed pursuant to sections
128.32 Sec. 6. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
128.33 Subd. 8b. Family rental housing. It may establish a family rental housing
128.34assistance program to provide loans or direct rental subsidies for housing for families
129.1with incomes of up to 80 percent of state median income, or to provide grants for the
129.2operating cost of public housing. Priority must be given to those developments with
129.3resident families with the lowest income. The development may be financed by the
129.4agency or other public or private lenders. Direct rental subsidies must be administered by
129.5the agency for the benefit of eligible families. Financial assistance provided under this
129.6subdivision to recipients of aid to families with dependent children must be in the form
129.7of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
129.8this subdivision may be made only with specific appropriations by the legislature. The
129.9limitations on eligible mortgagors contained in section
129.10apply to loans for the rehabilitation of existing housing under this subdivision.
129.11 Sec. 7. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
129.12 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
129.13this section must be used for challenge grants or loans
129.14
129.15resources that reduce the need for deferred loan or grant funds from state resources.
129.16Challenge grants or loans must be used for economically viable homeownership or rental
129.17housing proposals that
129.18
129.19
129.20
129.21 Among comparable proposals, preference must be given to proposals that include
129.22contributions from nonstate resources for the greatest portion of the total development
129.23cost. Comparable proposals with contributions from local units of government or private
129.24philanthropic, religious, or charitable organizations must be given preference in awarding
129.25grants or loans.
129.26 For the purpose of this subdivision,
129.27or wholly of the premium paid for federal housing tax credits.
129.28
129.29
129.30
129.31 Sec. 8. Minnesota Statutes 2006, section 469.021, is amended to read:
129.32469.021 PREFERENCES.
129.33 As between applicants equally in need and eligible for occupancy of a dwelling
129.34and at the rent involved, preference shall be given to disabled veterans, persons with
130.1disabilities, and families of service persons who died in service and to families of veterans.
130.2In admitting families of low income to dwelling accommodations in any housing project an
130.3authority shall, as far as is reasonably practicable, give consideration to applications from
130.4families
130.5256J, and to resident families to whom public assistance or supplemental security income
130.6for the aged, blind, and disabled is payable, when those families are otherwise eligible.
130.7 Sec. 9. WORK GROUP.
130.8 The commissioner of employment and economic development shall convene a work
130.9group to evaluate the impact of the money appropriated for wage incentives and how the
130.10wage incentive program works. The work group is to make recommendations to the
130.11legislature by January 15, 2008.
130.12 Sec. 10. EFFECTIVE DATE.
130.13 Unless another effective date is expressly provided, this act is effective July 1, 2007.