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Minnesota Legislature

Office of the Revisor of Statutes

HF 1265

as introduced - 87th Legislature (2011 - 2012) Posted on 03/22/2011 09:06am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/22/2011

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
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43.22 43.23 43.24 43.25 43.26 43.27 43.28
43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4
44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31
44.32 44.33 45.1 45.2 45.3
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47.5 47.6 47.7
47.8

A bill for an act
relating to state government; appropriating money; modifying fees and licensing,
registration, and continuing education provisions; requiring rulemaking;
amending Minnesota Statutes 2010, sections 116J.035, by adding a subdivision;
116L.3625; 116L.62; 326B.04, subdivision 2; 326B.091; 326B.098; 326B.148,
subdivision 1; 326B.42, subdivisions 8, 9, 10, by adding subdivisions; 326B.435,
subdivision 2; 326B.438; 326B.46, subdivisions 1a, 1b, 2, 3; 326B.47,
subdivisions 1, 3; 326B.49, subdivision 1; 326B.56, subdivision 1; 326B.58;
326B.82, subdivisions 2, 3, 7, 9; 326B.821, subdivisions 1, 5, 5a, 6, 7, 8, 9, 10,
11, 12, 15, 16, 18, 19, 20, 22, 23; 326B.865; 341.321; Laws 2009, chapter 78,
article 1, section 18; proposing coding for new law in Minnesota Statutes, chapter
326B; repealing Minnesota Statutes 2010, sections 326B.82, subdivisions 4,
6; 326B.821, subdivision 3.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginJOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2012
new text end
new text begin 2013
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 129,809,000
new text end
new text begin $
new text end
new text begin 123,393,000
new text end
new text begin $
new text end
new text begin 253,202,000
new text end
new text begin Workforce Development
new text end
new text begin 17,451,000
new text end
new text begin 17,451,000
new text end
new text begin 34,902,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin 1,400,000
new text end
new text begin Workers' Compensation
new text end
new text begin 22,574,000
new text end
new text begin 22,574,000
new text end
new text begin 45,148,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 170,534,000
new text end
new text begin $
new text end
new text begin 164,118,000
new text end
new text begin $
new text end
new text begin 334,652,000
new text end

Sec. 2. new text beginJOBS AND ECONOMIC DEVELOPMENT.
new text end

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

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2012
new text end
new text begin 2013
new text end

Sec. 3. new text beginDEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 61,277,000
new text end
new text begin $
new text end
new text begin 56,277,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2012
new text end
new text begin 2013
new text end
new text begin General
new text end
new text begin 44,155,000
new text end
new text begin 39,155,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 16,422,000
new text end
new text begin 16,422,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Business and Community
Development
new text end

new text begin 13,225,000
new text end
new text begin 8,225,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 12,186,000
new text end
new text begin 7,186,000
new text end
new text begin Remediation
new text end
new text begin 700,000
new text end
new text begin 700,000
new text end
new text begin Workforce
Development
new text end
new text begin 339,000
new text end
new text begin 339,000
new text end

new text begin (a) $700,000 the first year and $700,000 the
second year are from the remediation fund for
contaminated site cleanup and development
grants under Minnesota Statutes, section
116J.554. This appropriation is available
until expended.
new text end

new text begin (b) $150,000 each year is from the general
fund for a grant to WomenVenture for
women's business development programs
and for programs that encourage and assist
women to enter nontraditional careers in the
trades; manual and technical occupations;
science, technology, engineering, and
mathematics-related occupations; and green
jobs. This appropriation may be matched
dollar for dollar with any resources available
from the federal government for these
purposes with priority given to initiatives
that have a goal of increasing by at least ten
percent the number of women in occupations
where women currently comprise less than
25 percent of the workforce.
new text end

new text begin (c) $79,000 each year is from the general
fund and $50,000 each year is from the
workforce development fund for a grant to
the Metropolitan Economic Development
Association for continuing minority business
development programs in the metropolitan
area. This appropriation must be used for the
sole purpose of providing free or reduced
fee business consulting services to minority
entrepreneurs and contractors.
new text end

new text begin (d)(1) $356,000 each year is from the
general fund for a grant to BioBusiness
Alliance of Minnesota for bioscience
business development programs to promote
and position the state as a global leader in
bioscience business activities. These funds
may be used to create, recruit, retain, and
expand biobusiness activity in Minnesota;
implement the destination 2025 statewide
plan; update a statewide assessment of the
bioscience industry and the competitive
position of Minnesota-based bioscience
businesses relative to other states and other
nations; and develop and implement business
and scenario-planning models to create,
recruit, retain, and expand biobusiness
activity in Minnesota.
new text end

new text begin (2) The BioBusiness Alliance must report
each year by February 15 to the committees
of the house of representatives and the senate
having jurisdiction over bioscience industry
activity in Minnesota on the use of funds;
the number of bioscience businesses and
jobs created, recruited, retained, or expanded
in the state since the last reporting period;
the competitive position of the biobusiness
industry; and utilization rates and results of
the business and scenario-planning models
and outcomes resulting from utilization of
the business and scenario-planning models.
new text end

new text begin (e) $37,000 each year is from the general
fund for a grant to the Minnesota Inventors
Congress, of which at least $6,500 must be
used for youth inventors.
new text end

new text begin (f)(1) $100,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 116J.421,
to the Rural Policy and Development
Center at St. Peter, Minnesota. The grant
shall be used for research and policy
analysis on emerging economic and social
issues in rural Minnesota, to serve as a
policy resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions, to
provide interdisciplinary team approaches
to research and problem-solving in rural
communities, and to administer overall
operations of the center.
new text end

new text begin (2) The grant shall be provided upon the
condition that each state-appropriated
dollar be matched with a nonstate dollar.
Acceptable matching funds are nonstate
contributions that the center has received and
have not been used to match previous state
grants.
new text end

new text begin (g)(1) $189,000 each year is appropriated
from the workforce development fund for
grants of $63,000 to eligible organizations
each year to assist in the development of
entrepreneurs and small businesses. Each
state grant dollar must be matched with $1
of nonstate funds.
new text end

new text begin (2) Three grants must be awarded to
continue or to develop a program. One
grant must be awarded to the Riverbend
Center for Entrepreneurial Facilitation
in Blue Earth County, and two to other
organizations serving Faribault and Martin
Counties. Grant recipients must report to the
commissioner by February 1 of each year
that the organization receives a grant with the
number of customers served; the number of
businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates. The commissioner
must report to the house of representatives
and senate committees with jurisdiction
over economic development finance on the
effectiveness of these programs for assisting
in the development of entrepreneurs and
small businesses.
new text end

new text begin (h) $3,000,000 the first year is for grants
under Minnesota Statutes, section 116J.8731,
for the Minnesota investment fund program.
This is a onetime appropriation and is
available until spent.
new text end

new text begin (i) $2,000,000 the first year is for grants
under Minnesota Statutes, section 116J.571,
for the redevelopment grant program. This
is a onetime appropriation and is available
until spent.
new text end

new text begin Subd. 3. new text end

new text begin Workforce Development
new text end

new text begin 47,033,000
new text end
new text begin 47,033,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 30,950,000
new text end
new text begin 30,950,000
new text end
new text begin Workforce
Development
new text end
new text begin 16,083,000
new text end
new text begin 16,083,000
new text end

new text begin (a) $4,196,000 each year is from the general
fund for the Minnesota job skills partnership
program under Minnesota Statutes, sections
116L.01 to 116L.17. If the appropriation for
either year is insufficient, the appropriation
for the other year is available. This
appropriation is available until spent.
new text end

new text begin (b) $10,800,000 each year is from the general
fund for the state's vocational rehabilitation
program under Minnesota Statutes, chapter
268A.
new text end

new text begin (c) $5,928,000 each year is from the general
fund for the state services for the blind
activities.
new text end

new text begin (d) $2,261,000 each year is from the general
fund for grants to centers for independent
living under Minnesota Statutes, section
268A.11.
new text end

new text begin (e) $315,000 each year is from the general
fund and $105,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 116J.8747,
to Twin Cities RISE! to provide training to
hard-to-train individuals.
new text end

new text begin (f) $135,000 each year is from the general
fund and $50,000 each year is from the
workforce development fund for a grant
to Northern Connections in Perham to
implement and operate a workforce program
that provides one-stop supportive services
to individuals as they transition into the
workforce.
new text end

new text begin (g) $135,000 each year is from the general
fund for a grant to Advocating Change
Together for training, technical assistance,
and resource materials for persons with
developmental and mental illness disabilities.
new text end

new text begin (h) $5,280,000 each year is from the general
fund and $6,830,000 each year is from the
workforce development fund for extended
employment services for persons with severe
disabilities or related conditions under
Minnesota Statutes, section 268A.15. Of
the general fund appropriation, $125,000
each year is to supplement funds paid for
wage incentives for the community support
fund established in Minnesota Rules, part
3300.2045.
new text end

new text begin (i) $1,555,000 each year is from the general
fund for grants to programs that provide
employment support services to persons with
mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14. Grants
may be used for special projects for young
people with mental illness transitioning from
school to work and people with serious
mental illness receiving services through
a mental health court or civil commitment
court. Special projects must demonstrate
interagency collaboration.
new text end

new text begin (j) $130,000 each year is from the general
fund and $175,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 268A.03,
to Rise, Inc. for the Minnesota Employment
Center for People Who are Deaf or Hard of
Hearing.
new text end

new text begin (k) $90,000 each year is from the general
fund and $200,000 each year is from the
workforce development fund for a grant to
Lifetrack Resources for its immigrant and
refugee collaborative program, including
those related to job-seeking skills and
workplace orientation, intensive job
development, functional work English, and
on-site job coaching. This appropriation may
also be used in Rochester.
new text end

new text begin (l) $3,500,000 each year is from the
workforce development fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
new text end

new text begin (m) $1,375,000 each year is from the
workforce development fund for the
Opportunities Industrialization Center
programs under Minnesota Statutes, sections
116L.60 to 116L.64.
new text end

new text begin (n) $900,000 each year is from the workforce
development fund for grants for the
Minneapolis summer youth employment
program. The grants shall be used to fund
up to 500 jobs for youth each summer. The
commissioner shall establish criteria for
awarding the grant.
new text end

new text begin (o) $300,000 each year is from the workforce
development fund for a grant to the
Minneapolis learn-to-earn summer youth
employment program. The commissioner
shall establish criteria for awarding the grant.
new text end

new text begin (p) $750,000 each year is from the workforce
development fund for a grant to the
Minnesota Alliance of Boys and Girls
Clubs to administer a statewide project
of youth jobs skills development. This
project, which may have career guidance
components, including health and life skills,
is to encourage, train, and assist youth in
job-seeking skills, workplace orientation,
and job-site knowledge through coaching.
This grant requires a 25 percent match from
nonstate resources.
new text end

new text begin (q) $558,000 each year is from the workforce
development fund for grants to fund summer
youth employment in St. Paul. The grants
shall be used to fund up to 500 jobs for
youth each summer. The commissioner shall
establish criteria for awarding the grants.
new text end

new text begin (r) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366.
new text end

new text begin (s) $340,000 each year is from the workforce
development fund for grants to provide
interpreters for a regional transition program
that specializes in providing culturally
appropriate transition services leading to
employment for deaf, hard-of-hearing, and
deaf-blind students.
new text end

new text begin (t) The first $3,300,000 deposited in each year
of the biennium into the contingent account
created under Minnesota Statutes, section
268.199, shall be transferred before the
closing of each fiscal year to the workforce
development fund created under Minnesota
Statutes, section 116L.20. Deposits in excess
of $3,300,000 shall be transferred before the
closing of each fiscal year to the general fund.
new text end

new text begin Subd. 4. new text end

new text begin State-Funded Administration
new text end

new text begin 1,019,000
new text end
new text begin 1,019,000
new text end

Sec. 4. new text beginPUBLIC FACILITIES AUTHORITY
new text end

new text begin $
new text end
new text begin 86,000
new text end
new text begin $
new text end
new text begin 86,000
new text end

new text begin For the small community wastewater
treatment program under Minnesota Statutes,
chapter 446A.
new text end

Sec. 5. new text beginSCIENCE AND TECHNOLOGY
AUTHORITY
new text end

new text begin $
new text end
new text begin 107,000
new text end
new text begin $
new text end
new text begin 107,000
new text end

Sec. 6. new text beginEXPLORE MINNESOTA TOURISM
new text end

new text begin $
new text end
new text begin 9,928,000
new text end
new text begin $
new text end
new text begin 8,928,000
new text end

new text begin (a) Of this amount, $12,000 each year is for a
grant to the Upper Minnesota Film Office.
new text end

new text begin (b)(1) To develop maximum private sector
involvement in tourism, $500,000 the first
year and $500,000 the second year must
be matched by Explore Minnesota Tourism
from nonstate sources. Each $1 of state
incentive must be matched with $3 of private
sector funding. Cash match is defined as
revenue to the state or documented cash
expenditures directly expended to support
Explore Minnesota Tourism programs. Up
to one-half of the private sector contribution
may be in-kind or soft match. The incentive
in the first year shall be based on fiscal
year 2011 private sector contributions. The
incentive in the second year will be based on
fiscal year 2012 private sector contributions.
This incentive is ongoing.
new text end

new text begin (2) Funding for the marketing grants is
available either year of the biennium.
Unexpended grant funds from the first year
are available in the second year.
new text end

new text begin (3) Unexpended money from the general
fund appropriations made under this section
does not cancel but must be placed in a
special marketing account for use by Explore
Minnesota Tourism for additional marketing
activities.
new text end

new text begin (c) $325,000 the first year and $325,000 the
second year are for the Minnesota Film and
TV Board. The appropriation in each year
is available only upon receipt by the board
of $1 in matching contributions of money or
in-kind contributions from nonstate sources
for every $3 provided by this appropriation,
except that each year up to $50,000 is
available on July 1 even if the required
matching contribution has not been received
by that date.
new text end

new text begin (d) $1,000,000 the first year is appropriated
for a grant to the Minnesota Film and TV
Board for the film jobs production program
under Minnesota Statutes, section 116U.26.
This is a onetime appropriation and is
available until expended.
new text end

Sec. 7. new text beginHOUSING FINANCE AGENCY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 38,595,000
new text end
new text begin $
new text end
new text begin 38,595,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin This appropriation is for transfer to the
housing development fund for the programs
specified. Except as otherwise indicated, this
transfer is part of the agency's permanent
budget base.
new text end

new text begin Subd. 2. new text end

new text begin Challenge Program
new text end

new text begin 7,159,000
new text end
new text begin 7,159,000
new text end

new text begin For the economic development and housing
challenge program under Minnesota
Statutes, section 462A.33. Of this amount,
$1,208,000 each year shall be made available
during the first eight months of the fiscal
year exclusively for housing projects for
American Indians. Any funds not committed
to housing projects for American Indians in
the first eight months of the fiscal year shall
be available for any eligible activity under
Minnesota Statutes, section 462A.33.
new text end

new text begin Subd. 3. new text end

new text begin Housing Trust Fund
new text end

new text begin 9,555,000
new text end
new text begin 9,555,000
new text end

new text begin For deposit in the housing trust fund account
created under Minnesota Statutes, section
462A.201, and used for the purposes
provided in that section.
new text end

new text begin Subd. 4. new text end

new text begin Rental Assistance for Mentally Ill
new text end

new text begin 2,638,000
new text end
new text begin 2,638,000
new text end

new text begin For a rental housing assistance program for
persons with a mental illness or families with
an adult member with a mental illness under
Minnesota Statutes, section 462A.2097.
new text end

new text begin Subd. 5. new text end

new text begin Family Homeless Prevention
new text end

new text begin 7,465,000
new text end
new text begin 7,465,000
new text end

new text begin For the family homeless prevention and
assistance programs under Minnesota
Statutes, section 462A.204.
new text end

new text begin Subd. 6. new text end

new text begin Home Ownership Assistance Fund
new text end

new text begin 858,000
new text end
new text begin 858,000
new text end

new text begin For the home ownership assistance program
under Minnesota Statutes, section 462A.21,
subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Affordable Rental Investment Fund
new text end

new text begin 7,319,000
new text end
new text begin 7,319,000
new text end

new text begin (a) For the affordable rental investment fund
program under Minnesota Statutes, section
462A.21, subdivision 8b. The appropriation
is to finance the acquisition, rehabilitation,
and debt restructuring of federally assisted
rental property and for making equity
take-out loans under Minnesota Statutes,
section 462A.05, subdivision 39.
new text end

new text begin (b) The owner of federally assisted rental
property must agree to participate in the
applicable federally assisted housing program
and to extend any existing low-income
affordability restrictions on the housing for
the maximum term permitted. The owner
must also enter into an agreement that gives
local units of government, housing and
redevelopment authorities, and nonprofit
housing organizations the right of first refusal
if the rental property is offered for sale to
unrelated third parties. Priority must be
given among comparable federally assisted
rental properties to properties with the
longest remaining term under an agreement
for federal assistance. Priority must also
be given among comparable rental housing
developments to developments that are or
will be owned by local government units, a
housing and redevelopment authority, or a
nonprofit housing organization.
new text end

new text begin (c) The appropriation also may be used to
finance the acquisition, rehabilitation, and
debt restructuring of existing supportive
housing properties. For purposes of this
subdivision, "supportive housing" means
affordable rental housing with links to
services necessary for individuals, youth, and
families with children to maintain housing
stability.
new text end

new text begin Subd. 8. new text end

new text begin Housing Rehabilitation
new text end

new text begin 2,633,000
new text end
new text begin 2,633,000
new text end

new text begin For the housing rehabilitation program
under Minnesota Statutes, section 462A.05,
subdivision 14, for rental housing
developments.
new text end

new text begin Subd. 9. new text end

new text begin Homeownership Education,
Counseling, and Training
new text end

new text begin 751,000
new text end
new text begin 751,000
new text end

new text begin For the homeownership education,
counseling, and training program under
Minnesota Statutes, section 462A.209.
Notwithstanding Minnesota Statutes, section
462A.209, subdivision 7, paragraph (b),
more than one-half of the funds awarded
for foreclosure prevention and assistance
activities may be used for mortgage or
financial counseling services.
new text end

new text begin Subd. 10. new text end

new text begin Capacity-Building Grants
new text end

new text begin 217,000
new text end
new text begin 217,000
new text end

new text begin For nonprofit capacity-building grants
under Minnesota Statutes, section 462A.21,
subdivision 3b.
new text end

Sec. 8. new text beginDEPARTMENT OF LABOR AND
INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 22,717,000
new text end
new text begin $
new text end
new text begin 22,717,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2012
new text end
new text begin 2013
new text end
new text begin General
new text end
new text begin 817,000
new text end
new text begin 817,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 20,871,000
new text end
new text begin 20,871,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,029,000
new text end
new text begin 1,029,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Workers' Compensation
new text end

new text begin 14,832,000
new text end
new text begin 14,832,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin $200,000 each year is for grants to the
Vinland Center for rehabilitation services.
Grants shall be distributed as the department
refers injured workers to the Vinland Center
for rehabilitation services.
new text end

new text begin Subd. 3. new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin 1,846,000
new text end
new text begin 1,846,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 817,000
new text end
new text begin 817,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,029,000
new text end
new text begin 1,029,000
new text end

new text begin (a) $879,000 each year is appropriated from
the workforce development fund for the
apprenticeship program under Minnesota
Statutes, chapter 178, and includes
$100,000 each year for labor education and
advancement program grants and to expand
and promote registered apprenticeship
training in nonconstruction trade programs.
new text end

new text begin (b) $150,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end

new text begin Subd. 4. new text end

new text begin General Support
new text end

new text begin 6,039,000
new text end
new text begin 6,039,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 9. new text beginBUREAU OF MEDIATION
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 1,584,000
new text end
new text begin $
new text end
new text begin 1,584,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Mediation Services
new text end

new text begin 1,516,000
new text end
new text begin 1,516,000
new text end

new text begin Subd. 3. new text end

new text begin Labor Management Cooperation
Grants
new text end

new text begin 68,000
new text end
new text begin 68,000
new text end

new text begin $68,000 each year is for grants to area labor
management committees. Grants may be
awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
new text end

Sec. 10. new text beginWORKERS' COMPENSATION
COURT OF APPEALS
new text end

new text begin $
new text end
new text begin 1,703,000
new text end
new text begin $
new text end
new text begin 1,703,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 11. new text beginMINNESOTA HISTORICAL
SOCIETY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 21,575,000
new text end
new text begin $
new text end
new text begin 21,459,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Education and Outreach
new text end

new text begin 12,131,000
new text end
new text begin 12,131,000
new text end

new text begin Notwithstanding Minnesota Statutes, section
138.668, the Minnesota Historical Society
may not charge a fee for its general tours at
the Capitol, but may charge fees for special
programs other than general tours.
new text end

new text begin Subd. 3. new text end

new text begin Preservation and Access
new text end

new text begin 9,082,000
new text end
new text begin 9,082,000
new text end

new text begin Subd. 4. new text end

new text begin Fiscal Agent
new text end

new text begin (a) Minnesota International Center
new text end
new text begin 43,000
new text end
new text begin 43,000
new text end
new text begin (b) Minnesota Air National Guard Museum
new text end
new text begin 16,000
new text end
new text begin 0
new text end
new text begin (c) Minnesota Military Museum
new text end
new text begin 100,000
new text end
new text begin 0
new text end
new text begin (d) Farmamerica
new text end
new text begin 128,000
new text end
new text begin 128,000
new text end

new text begin (e) $75,000 the first year and $75,000 the
second year are for a grant to the city of
Eveleth to be used for the support of the
Hockey Hall of Fame Museum provided that
it continues to operate in the city. This grant
is in addition to and must not be used to
supplant funding under Minnesota Statutes,
section 298.28, subdivision 9c.
new text end

new text begin (f) Balances Forward
new text end

new text begin Any unencumbered balance remaining in
this subdivision the first year does not cancel
and is available for the second year of the
biennium.
new text end

new text begin Subd. 5. new text end

new text begin Fund Transfer
new text end

new text begin The Minnesota Historical Society may
reallocate funds appropriated in and between
subdivisions 2 and 3 for any program
purposes and the appropriations are available
in either year of the biennium.
new text end

Sec. 12. new text beginBOARD OF THE ARTS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 7,923,000
new text end
new text begin $
new text end
new text begin 7,923,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Operations and Services
new text end

new text begin 599,000
new text end
new text begin 599,000
new text end

new text begin Subd. 3. new text end

new text begin Grants Program
new text end

new text begin 5,066,000
new text end
new text begin 5,066,000
new text end

new text begin Subd. 4. new text end

new text begin Regional Arts Councils
new text end

new text begin 2,258,000
new text end
new text begin 2,258,000
new text end

new text begin Any unencumbered balance remaining in this
section the first year does not cancel and is
available for the second year of the biennium.
new text end

Sec. 13. new text beginMINNESOTA HUMANITIES
CENTER
new text end

new text begin $
new text end
new text begin 250,000
new text end
new text begin $
new text end
new text begin 250,000
new text end

Sec. 14. new text beginPUBLIC BROADCASTING
new text end

new text begin $
new text end
new text begin 1,932,000
new text end
new text begin $
new text end
new text begin 1,932,000
new text end

new text begin (a) The appropriations under this section are
to the commissioner of administration for the
purposes specified.
new text end

new text begin (b) $1,113,000 the first year and $1,113,000
the second year are for matching grants for
public television.
new text end

new text begin (c) $190,000 the first year and $190,000
the second year are for public television
equipment grants. Equipment or matching
grant allocations shall be made after
considering the recommendations of the
Minnesota Public Television Association.
new text end

new text begin (d) $16,000 the first year and $16,000 the
second year are for grants to the Twin Cities
regional cable channel.
new text end

new text begin (e) $278,000 the first year and $278,000 the
second year are for community service grants
to public educational radio stations.
new text end

new text begin (f) $97,000 the first year and $97,000 the
second year are for equipment grants to
public educational radio stations.
new text end

new text begin (g) The grants in paragraphs (e) and (f)
must be allocated after considering the
recommendations of the Association of
Minnesota Public Educational Radio Stations
under Minnesota Statutes, section 129D.14.
new text end

new text begin (h) $238,000 the first year and $238,000
the second year are for equipment grants to
Minnesota Public Radio, Inc.
new text end

new text begin (i) Any unencumbered balance remaining the
first year for grants to public television or
radio stations does not cancel and is available
for the second year.
new text end

Sec. 15. new text beginBOARD OF ACCOUNTANCY
new text end

new text begin $
new text end
new text begin 630,000
new text end
new text begin $
new text end
new text begin 480,000
new text end

new text begin $150,000 the first year is to fund the costs
associated with the e-licensing adaptor
integration development. This is a onetime
appropriation.
new text end

Sec. 16. new text beginBOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
new text end

new text begin $
new text end
new text begin 924,000
new text end
new text begin $
new text end
new text begin 774,000
new text end

new text begin $150,000 the first year is to fund the costs
associated with the e-licensing adaptor
integration development. This is a onetime
appropriation.
new text end

Sec. 17. new text beginBOARD OF COSMETOLOGIST
EXAMINERS
new text end

new text begin $
new text end
new text begin 1,046,000
new text end
new text begin $
new text end
new text begin 1,046,000
new text end

Sec. 18. new text beginBOARD OF BARBER EXAMINERS
new text end

new text begin $
new text end
new text begin 257,000
new text end
new text begin $
new text end
new text begin 257,000
new text end

ARTICLE 2

MISCELLANEOUS ECONOMIC DEVELOPMENT PROVISIONS

Section 1.

Minnesota Statutes 2010, section 116J.035, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Monitoring pass-through grant recipients. new text end

new text begin The commissioner shall
monitor the activities and outcomes of programs and services funded by legislative
appropriations and administered by the department on a pass-through basis. Unless
amounts are otherwise appropriated for administrative costs, the commissioner may
retain up to five percent of the amount appropriated to the department for grants to
pass-through entities. Amounts retained are deposited to a special revenue account and
are appropriated to the commissioner for costs incurred in administering and monitoring
the pass-through grants.
new text end

Sec. 2.

Minnesota Statutes 2010, section 116L.3625, is amended to read:


116L.3625 ADMINISTRATIVE COSTS.

The commissioner may use up to five percent of the biennial appropriation for
Youthbuild deleted text beginfrom the general funddeleted text end to pay costs incurred by the department in administering
Youthbuild during the biennium.

Sec. 3.

Minnesota Statutes 2010, section 116L.62, is amended to read:


116L.62 DISTRIBUTION AND USE OF STATE MONEY.

The commissioner shall distribute the money appropriated for:

(a) comprehensive job training and related services or job opportunities programs
for economically disadvantaged, unemployed, and underemployed individuals, including
persons of limited English speaking ability, through opportunities industrialization
centers; and

(b) the establishment and operation in Minnesota of these centers.

new text begin The commissioner may use up to five percent of the appropriation for opportunities
industrialization center programs to pay costs incurred by the department in administering
the programs.
new text end

Comprehensive job training and related services include: recruitment, counseling,
remediation, motivational prejob training, vocational training, job development, job
placement, and other appropriate services enabling individuals to secure and retain
employment at their maximum capacity.

Sec. 4.

Minnesota Statutes 2010, section 341.321, is amended to read:


341.321 FEE SCHEDULE.

(a) The fee schedule for professional licenses issued by the commission is as follows:

(1) referees, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(2) promoters, $400 for each initial license and each renewal;

(3) judges and knockdown judges, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(4) trainers, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(5) ring announcers, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(6) seconds, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(7) timekeepers, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(8) combatants, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal;

(9) managers, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal; and

(10) ringside physicians, deleted text begin$25deleted text endnew text begin $45new text end for each initial license and each renewal.

In addition to the license fee and the late filing penalty fee in section 341.32, subdivision
2, if applicable, an individual who applies for a deleted text begincombatantdeleted text endnew text begin professionalnew text end license on the
same day the combative sporting event is held shall pay a new text beginlate new text endfee of $100 new text beginplus the original
license fee of $45
new text endat the time the application is submitted.

(b) The fee schedule for amateur licenses issued by the commission is as follows:

(1) referees, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal;

(2) promoters, deleted text begin$100deleted text endnew text begin $400new text end for each initial license and each renewal;

(3) judges and knockdown judges, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal;

(4) trainers, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal;

(5) ring announcers, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal;

(6) seconds, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal;

(7) timekeepers, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal;

(8) combatant, deleted text begin$10deleted text endnew text begin $25new text end for each initial license and each renewal;

(9) managers, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal; and

(10) ringside physicians, deleted text begin$10deleted text endnew text begin $45new text end for each initial license and each renewal.

(c) The commission shall establish a contest fee for each combative sport contest.
Thenew text begin professional combative sportnew text end contest fee is $1,500 per event or not more than four
percent of the gross ticket salesnew text begin, whichever is greater,new text end as determined by the commission
when the combative sport contest is scheduled, except that the amateur combative sport
contest fee shall be deleted text begin$150deleted text endnew text begin $500 or not more than four percent of the gross ticket sales,
whichever is greater
new text end. The commission shall consider the size and type of venue when
establishing a contest fee. The commission may establish the maximum number of
complimentary tickets allowed for each event by rule. deleted text beginAndeleted text endnew text begin A professional ornew text end amateur
combative sport contest fee is nonrefundable.

(d) All fees and penalties collected by the commission must be deposited in the
commission account in the special revenue fund.

Sec. 5.

Laws 2009, chapter 78, article 1, section 18, is amended to read:


Sec. 18. COMBATIVE SPORTS
COMMISSION

$
80,000
$
80,000

This is a onetime appropriation. deleted text beginThe
Combative Sports Commission expires on
July 1, 2011, unless the commissioner of
finance determines that the commission's
projected expenditures for the fiscal biennium
ending June 30, 2013, will not exceed the
commission's projected revenues for the
fiscal biennium ending June 30, 2013, from
fees and penalties authorized in Minnesota
Statutes 2008, chapter 341.
deleted text end

ARTICLE 3

LABOR AND INDUSTRY

Section 1.

Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:


Subd. 2.

Deposits.

Unless otherwise specifically designated by law: (1) all money
collected under sections 144.122, paragraph (f); 181.723; new text begin326B.092 to 326B.096;
new text end326B.101
to 326B.194; 326B.197; 326B.32 to 326B.399; 326B.43 to 326B.49; 326B.52
to 326B.59; 326B.802 to 326B.885; 326B.90 to 326B.998; 327.31 to 327.36; and
327B.01 to 327B.12, except penalties, is credited to the construction code fund; (2) all
fees collected under deleted text beginsection 45.23deleted text endnew text begin sections 326B.098 to 326B.099new text end in connection with
continuing education for deleted text beginresidential contractors, residential remodelers, and residential
roofers
deleted text end new text beginany license, registration, or certificate issued pursuant to this chapter new text endare credited
to the construction code fund; and (3) all penalties assessed under the sections set forth
in clauses (1) and (2) and all penalties assessed under sections 144.99 to 144.993 in
connection with any violation of sections 326B.43 to 326B.49 or 326B.52 to 326B.59 or
the rules adopted under those sections are credited to the assigned risk safety account
established by section 79.253.

Sec. 2.

Minnesota Statutes 2010, section 326B.091, is amended to read:


326B.091 DEFINITIONS.

Subdivision 1.

Applicability.

For purposes of sections 326B.091 to deleted text begin326B.098deleted text endnew text begin
326B.099
new text end, the terms defined in this section have the meanings given them.

Subd. 2.

Applicant.

"Applicant" means a person who has submitted to the
department an application for deleted text beginadeleted text end new text beginan initial or renewal new text endlicense.

Subd. 3.

License.

"License" means any registration, certification, or other form
of approval authorized by this chapter 326B and chapter 327B to be issued by the
commissioner or department as a condition of doing business or conducting a trade,
profession, or occupation in Minnesota. License includes specifically but not exclusively
an authorization issued by the commissioner or department: to perform electrical work,
plumbing or water conditioning work, high pressure piping work, or residential building
work of a residential contractor, residential remodeler, or residential roofer; to install
manufactured housing; to serve as a building official; or to operate a boiler or boat.

Subd. 4.

Licensee.

"Licensee" means the person named on the license as the person
authorized to do business or conduct the trade, profession, or occupation in Minnesota.

Subd. 5.

Notification date.

"Notification date" means the date of the written
notification from the department to an applicant that the applicant is qualified to take the
examination required for licensure.

new text begin Subd. 5b. new text end

new text begin Qualifying individual. new text end

new text begin "Qualifying individual" means the individual
responsible for obtaining continuing education on behalf of a residential building
contractor, residential remodeler, or residential roofer licensed pursuant to sections
326B.801 to 326B.885.
new text end

Subd. 6.

Renewal deadline.

"Renewal deadline," when used with respect to a
license, means 30 days before the date that the license expires.

Sec. 3.

Minnesota Statutes 2010, section 326B.098, is amended to read:


326B.098 CONTINUING EDUCATION.

Subdivision 1.

deleted text beginApplicabilitydeleted text endnew text begin Department seminarsnew text end.

This section applies to
seminars offered by the department for the purpose of deleted text beginallowingdeleted text endnew text begin enablingnew text end licensees to meet
continuing education requirements for license renewal.

Subd. 2.

Rescheduling.

An individual who is registered with the department to
attend a seminar may reschedule one time only, to attend the same seminar on a date
within one year after the date of the seminar the individual was registered to attend.

Subd. 3.

Fees nonrefundable.

All seminar fees paid to the department are
nonrefundable except for any overpayment of feesnew text begin or if the department cancels the seminarnew text end.

Sec. 4.

new text begin [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
SEMINARS.
new text end

new text begin This section applies to seminars that are offered by an entity other than the
department for the purpose of enabling licensees to meet continuing education
requirements for license renewal.
new text end

Sec. 5.

Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:


Subdivision 1.

Computation.

To defray the costs of administering sections
326B.101 to 326B.194, a surcharge is imposed on all permits issued by municipalities in
connection with the construction of or addition or alteration to buildings and equipment or
appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
receipts to award grants for code research and development and education.

If the fee for the permit issued is fixed in amount the surcharge is equivalent to
one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
30, deleted text begin2011deleted text endnew text begin 2013new text end, the permit surcharge is equivalent to one-half mill (.0005) of the fee or $5,
whichever amount is greater. For all other permits, the surcharge is as follows:

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

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

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

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

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

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

Sec. 6.

Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Backflow prevention rebuilder. new text end

new text begin A "backflow prevention rebuilder" is an
individual who is qualified by training prescribed by the Plumbing Board and possesses
a master or journeyman plumber's license to engage in the testing, maintenance, and
rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
the plumbing code.
new text end

Sec. 7.

Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Backflow prevention tester. new text end

new text begin A "backflow prevention tester" is an
individual who is qualified by training prescribed by the Plumbing Board to engage in
the testing of reduced pressure zone type backflow prevention assemblies as regulated by
the plumbing code.
new text end

Sec. 8.

Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:


Subd. 8.

Plumbing contractor.

"Plumbing contractor" means a licensed contractor
whose responsible deleted text beginlicensed plumberdeleted text endnew text begin individualnew text end is a licensed master plumber.

Sec. 9.

Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:


Subd. 9.

Responsible deleted text beginlicensed plumberdeleted text endnew text begin individualnew text end.

A contractor's "responsible
deleted text begin licensed plumberdeleted text endnew text begin individualnew text end" means the licensed master plumber or licensed restricted
master plumber designated in writing by the contractor in the contractor's license
application, or in another manner acceptable to the commissioner, as the individual
responsible for the contractor's compliance with sections 326B.41 to 326B.49, all rules
adopted under these sections and sections 326B.50 to 326B.59, and all orders issued
under section 326B.082.

Sec. 10.

Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:


Subd. 10.

Restricted plumbing contractor.

"Restricted plumbing contractor"
means a licensed contractor whose responsible deleted text beginlicensed plumberdeleted text endnew text begin individualnew text end is a licensed
restricted master plumber.

Sec. 11.

Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:


Subd. 2.

Powers; duties; administrative support.

(a) The board shall have the
power to:

(1) elect its chair, vice-chair, and secretary;

(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
and containing such other provisions as may be useful and necessary for the efficient
conduct of the business of the board;

(3) adopt the plumbing code that must be followed in this state and any plumbing
code amendments thereto. The plumbing code shall include the minimum standards
described in sections 326B.43, subdivision 1, and 326B.52, subdivision 1. The board
shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
as provided in subdivision 6, paragraphs (b), (c), and (d);

(4) review requests for final interpretations and issue final interpretations as provided
in section 326B.127, subdivision 5;

(5) adopt rules that regulate the licensurenew text begin, certification,new text end or registration of plumbing
contractors, journeymen, unlicensed individuals, master plumbers, restricted master
plumbers, restricted journeymen,new text begin restricted plumbing contractors, backflow prevention
rebuilders and testers,
new text end water conditioning contractors, and water conditioning installers,
and other persons engaged in the design, installation, and alteration of plumbing systems
or engaged in or working at the business of water conditioning installation or service,new text begin or
engaged in or working at the business of medical gas system installation, maintenance, or
repair,
new text end except for those individuals licensed under section 326.02, subdivisions 2 and 3.
The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
6, paragraphs (e) and (f);

(6) adopt rules that regulate continuing education for individuals licensed as master
plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
plumbers, water conditioning contractors, and water conditioning installersnew text begin, and for
individuals certified under sections 326B.437 and 326B.438
new text end.new text beginnew text end The board shall adopt these
rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);

(7) refer complaints or other communications to the commissioner, whether oral or
written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
order that the commissioner has the authority to enforce pertaining to code compliance,
licensure, or an offering to perform or performance of unlicensed plumbing services;

(8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;

(9) approve license reciprocity agreements;

(10) select from its members individuals to serve on any other state advisory council,
board, or committee; and

(11) recommend the fees for licensesnew text begin, registrations, new text end and certifications.

Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
Board of High Pressure Piping Systems, the commissioner of labor and industry shall
administer and enforce the provisions of this chapter and any rules promulgated pursuant
thereto.

(b) The board shall comply with section 15.0597, subdivisions 2 and 4.

(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant
to this chapter. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner of labor and industry shall
supply necessary office space and supplies to assist the board in its duties.

Sec. 12.

new text begin [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
REBUILDERS AND TESTERS.
new text end

new text begin (a) No person shall perform or offer to perform the installation, maintenance, repair,
replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
unless the person obtains a plumbing contractor license. An individual shall not engage
in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
prevention assemblies, as regulated by the plumbing code, unless the individual is certified
by the commissioner as a backflow prevention rebuilder.
new text end

new text begin (b) An individual shall not engage in testing of a reduced pressure zone backflow
prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
prevention tester.
new text end

new text begin (c) Certificates are issued for an initial period of two years and must be renewed
every two years thereafter for as long as the certificate holder installs, maintains, repairs,
rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
of calculating fees under section 326B.092, an initial or renewed backflow prevention
rebuilder or tester certificate shall be considered an entry level license.
new text end

new text begin (d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
related to the certification of backflow prevention rebuilders and backflow prevention
testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
18-month limitation under section 14.125, this authority expires on December 31, 2014.
new text end

new text begin (e) The department shall recognize certification programs that are a minimum of 16
contact hours and include the passage of an examination. The examination must consist of
a practical and a written component. This paragraph expires when the Plumbing Board
adopts rules under paragraph (d).
new text end

Sec. 13.

Minnesota Statutes 2010, section 326B.438, is amended to read:


326B.438 MEDICAL GAS SYSTEMS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in
this subdivision have the meanings given them.

(b) "Medical gas" means medical gas as defined under the National Fire Protection
Association NFPA 99C Standard on Gas and Vacuum Systems.

(c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
system as defined under the National Fire Protection Association NFPA 99C Standard on
Gas and Vacuum Systems.

Subd. 2.

License and certification required.

deleted text beginAdeleted text end new text beginNo new text endpersonnew text begin shall perform or offer
to perform the installation, maintenance, or repair of medical gas systems unless the
person obtains a contractor license.
new text endnew text beginAn individualnew text end shall not engage in the installation,
maintenance, or repair of a medical gas system unless the deleted text beginpersondeleted text endnew text begin individualnew text end possesses
a current Minnesota master or journeyman plumber's license and is certified by the
commissioner under rules adopted by the Minnesota Plumbing Board. The certification
must be renewed deleted text beginannuallydeleted text endnew text begin bienniallynew text end for as long as the certificate holder engages in the
installation, maintenance, or repair of medical gas deleted text beginand vacuumdeleted text end systems. deleted text beginIf a medical gas
and vacuum system certificate is not renewed within 12 months after its expiration the
medical gas and vacuum certificate is permanently forfeited.
deleted text end

Subd. 3.

Exemptions.

(a) deleted text beginA persondeleted text endnew text begin An individualnew text end who on August 1, 2010, holds
a valid certificate authorized by the American Society of Sanitary Engineering (ASSE)
in accordance with standards recommended by the National Fire Protection Association
under NFPA 99C is exempt from the requirements of subdivision 2. This exemption
applies only if the deleted text beginpersondeleted text endnew text begin individualnew text end maintains a valid certification authorized by the ASSE.

(b) deleted text beginA persondeleted text endnew text begin An individualnew text end who on August 1, 2010, possesses a current Minnesota
master or journeyman plumber's license and a valid certificate authorized by the ASSE
in accordance with standards recommended by the National Fire Protection Association
under NFPA 99C is exempt from the requirements of subdivision 2 and may install,
maintain, and repair a medical gas system. This exemption applies only if deleted text begina persondeleted text endnew text begin an
individual
new text end maintains a valid Minnesota master or journeyman plumber's license and valid
certification authorized by the ASSE.

Subd. 4.

Fees.

deleted text beginThedeleted text enddeleted text begin fee for a medical gas certificatedeleted text end new text beginFor the purpose of calculating
fees under section 326B.092, an initial or renewed medical gas certificate
new text endissued by the
commissioner according to subdivision 2 deleted text beginis $30 per yeardeleted text endnew text begin shall be considered a journeyman
level license
new text end.

Sec. 14.

Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:


Subd. 1a.

Exemptions from licensing.

(a) An individual without a contractor
license may do plumbing work on the individual's residence in accordance with
subdivision 1, paragraph (a).

(b) An individual who is an employee working on the maintenance and repair of
plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
and which is within the limits of property owned or leased, and operated or maintained by
the individual's employer, shall not be required to maintain a contractor license as long
as the employer has on file with the commissioner a current certificate of responsible
deleted text begin person.deleted text enddeleted text begin The certificate must be signed by the responsibledeleted text endnew text begin individual. The responsible
individual must be a
new text end master plumber or, in an area of the state that is not a city or town
with a population of more than 5,000 according to the last federal census, new text begina new text endrestricted
master plumberdeleted text begin,deleted text endnew text begin. The certificate must be signed by the responsible individualnew text end and must
state that the person signing the certificate is responsible for ensuring that the maintenance
and repair work performed by the employer's employees deleted text begincomplydeleted text endnew text begin compliesnew text end with sections
326B.41 to 326B.49, all rules adopted under those sections and sections 326B.50 to
326B.59, and all orders issued under section 326B.082. The employer must pay a filing
fee to file a certificate of responsible deleted text beginpersondeleted text endnew text begin individualnew text end with the commissioner. The
certificate shall expire two years from the date of filing. In order to maintain a current
certificate of responsible deleted text beginpersondeleted text endnew text begin individualnew text end, the employer must resubmit a certificate of
responsible deleted text beginpersondeleted text endnew text begin individualnew text end, with a filing fee, no later than two years from the date of the
previous submittal. The filing of the certificate of responsible deleted text beginpersondeleted text endnew text begin individualnew text end does not
exempt any employee of the employer from the requirements of this chapter regarding
individual licensing as a plumber or registration as a plumber's apprentice.

(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
separate contractor license to perform plumbing work on behalf of the employer within
the scope of the licensed plumber's license.

new text begin (d) A person may perform and offer to perform building sewer or water service
installation without a contractor's license if the person is in compliance with the bond and
insurance requirements of subdivision 2.
new text end

Sec. 15.

Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:


Subd. 1b.

Employment of master plumber or restricted master plumber.

(a)
Each contractor must designate a responsible licensed plumber, who shall be responsible
for the performance of all plumbing work in accordance with sections 326B.41 to
326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all
orders issued under section 326B.082. A plumbing contractor's responsible deleted text beginlicensed
plumber
deleted text endnew text begin individualnew text end must be a master plumber. A restricted plumbing contractor's
responsible deleted text beginlicensed plumberdeleted text endnew text begin individualnew text end must be a master plumber or a restricted master
plumber. A plumbing contractor license authorizes the contractor to offer to perform
and, through licensed and registered individuals, to perform plumbing work in all areas
of the state. A restricted plumbing contractor license authorizes the contractor to offer
to perform and, through licensed and registered individuals, to perform plumbing work
in all areas of the state except in cities and towns with a population of more than 5,000
according to the last federal census.

(b) If the contractor is an individual or sole proprietorship, the responsible licensed
deleted text begin plumberdeleted text endnew text begin individualnew text end must be the individual, proprietor, or managing employee. If the
contractor is a partnership, the responsible licensed deleted text beginplumberdeleted text endnew text begin individualnew text end must be a general
partner or managing employee. If the contractor is a limited liability company, the
responsible licensed deleted text beginplumberdeleted text endnew text begin individualnew text end must be a chief manager or managing employee.
If the contractor is a corporation, the responsible licensed deleted text beginplumberdeleted text endnew text begin individualnew text end must be
an officer or managing employee. If the responsible licensed deleted text beginplumberdeleted text endnew text begin individualnew text end is a
managing employee, the responsible licensed deleted text beginplumberdeleted text endnew text begin individualnew text end must be actively engaged
in performing plumbing work on behalf of the contractor, and cannot be employed in any
capacity as a plumber for any other contractor. An individual may be the responsible
licensed deleted text beginplumberdeleted text endnew text begin individualnew text end for only one contractor.

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

Sec. 16.

Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:


Subd. 2.

Bond; insurance.

deleted text begin As a condition of licensing, each contractor deleted text end new text begin (a) The bond
and insurance requirements of paragraphs (b) and (c) apply to each person who performs
or offers to perform plumbing work within the state, including any person who offers to
perform or performs sewer or water service installation without a contractor's license. If
the person performs or offers to perform any plumbing work other than sewer or water
service installation, then the person must meet the requirements of paragraphs (b) and (c)
as a condition of holding a contractor's license.
new text end

new text begin (b) Each person who performs or offers to perform plumbing work within the statenew text end
shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
plumbing work entered into within the state or (2) all plumbing work and subsurface
sewage treatment work entered into within the state. If the bond is for both plumbing work
and subsurface sewage treatment work, the bond must comply with the requirements of
this section and section 115.56, subdivision 2, paragraph (e). The bond shall be for the
benefit of persons injured or suffering financial loss by reason of failure to comply with the
requirements of the State Plumbing Code and, if the bond is for both plumbing work and
subsurface sewage treatment work, financial loss by reason of failure to comply with the
requirements of sections 115.55 and 115.56. The bond shall be filed with the commissioner
and shall be written by a corporate surety licensed to do business in the state.

deleted text begin In addition, as a condition of licensing, each contractordeleted text endnew text begin (c) Each person who
performs or offers to perform plumbing work within the state
new text end shall have and maintain in
effect public liability insurance, including products liability insurance with limits of at
least $50,000 per person and $100,000 per occurrence and property damage insurance
with limits of at least $10,000. The insurance shall be written by an insurer licensed to
do business in the state of Minnesota deleted text beginanddeleted text endnew text begin.new text end Each deleted text beginlicensed master plumberdeleted text endnew text begin person who
performs or offers to perform plumbing work within the state
new text end shall maintain on file
with the commissioner a certificate evidencing the insurance. In the event of a policy
cancellation, the insurer shall send written notice to the commissioner at the same time
that a cancellation request is received from or a notice is sent to the insured.

Sec. 17.

Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:


Subd. 3.

Bond and insurance exemption.

If a deleted text beginmaster plumber or restricted master
plumber
deleted text endnew text begin personnew text end who is in compliance with the bond and insurance requirements of
subdivision 2, employs a licensed plumber, deleted text beginthedeleted text endnew text begin or an individual who has completed pipe
laying training as prescribed by the commissioner, that
new text end employee deleted text beginplumberdeleted text end shall not be
required to meet the bond and insurance requirements of subdivision 2. An individual who
is an employee working on the maintenance and repair of plumbing equipment, apparatus,
or facilities owned or leased by the individual's employer and which is within the limits of
property owned or leased, and operated or maintained by the individual's employer, shall
not be required to meet the bond and insurance requirements of subdivision 2.

Sec. 18.

Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:


Subdivision 1.

Registration; supervision; records.

(a) All unlicensed individuals,
other than plumber's apprenticesnew text begin and individuals who have completed pipe laying training
as prescribed by the commissioner
new text end, must be registered under subdivision 3.

(b) A plumber's apprentice or registered unlicensed individual is authorized to
assist in the installation of plumbing only while under the direct supervision of a master,
restricted master, journeyman, or restricted journeyman plumber. The master, restricted
master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
plumbing work performed by the plumber's apprentice or registered unlicensed individual
complies with the plumbing code. The supervising master, restricted master, journeyman,
or restricted journeyman must be licensed and must be employed by the same employer
as the plumber's apprenticenew text begin or registered unlicensed individualnew text end. Licensed individuals
shall not permit plumber's apprentices new text beginor registered unlicensed individuals new text endto perform
plumbing work except under the direct supervision of an individual actually licensed to
perform such work. Plumber's apprentices new text beginand registered unlicensed individuals new text endshall not
supervise the performance of plumbing work or make assignments of plumbing work
to unlicensed individuals.

(c) Contractors employing plumber's apprentices new text beginor registered unlicensed individuals
new text endto perform plumbing work shall maintain records establishing compliance with this
subdivision that shall identify all plumber's apprentices new text beginand registered unlicensed
individuals
new text endperforming plumbing work, and shall permit the department to examine and
copy all such records.

Sec. 19.

Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:


Subd. 3.

Registration, rules, applications, renewals, and fees.

An unlicensed
individual may register by completing and submitting to the commissioner an application
form provided by the commissioner, with all fees required by section 326B.092. A
completed application form must state the date the individual began training, the
individual's age, schooling, previous experience, and employer, and other information
required by the commissioner. The new text beginPlumbing new text endBoard may prescribe rules, not inconsistent
with this section, for the registration of unlicensed individuals. Applications for initial
registration may be submitted at any time. Registration must be renewed annually and
shall be for the period from July 1 of each year to June 30 of the following year.

Sec. 20.

Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:


Subdivision 1.

Application, examination, and license fees.

(a) Applications for
master and journeyman plumber's licenses shall be made to the commissioner, with
all fees required by section 326B.092. Unless the applicant is entitled to a renewal,
the applicant shall be licensed by the commissioner only after passing a satisfactory
examination developed and administered by the commissioner, based upon rules adopted
by the Plumbing Board, showing fitness.

(b) All initial journeyman plumber's licenses shall be effective for more than one
calendar year and shall expire on December 31 of the year after the year in which the
application is made. All master plumber's licenses shall expire on December 31 of each
even-numbered year after issuance or renewal. The commissioner shall in a manner
determined by the commissioner, without the need for any rulemaking under chapter 14,
phase in the renewal of master and journeyman plumber's licenses from one year to two
years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
two-year licenses.

(c) Applications for contractor licenses shall be made to the commissioner, with all
fees required by section 326B.092. All contractor licenses shall expire on December 31 of
each odd-numbered year after issuance or renewal.

(d) For purposes of calculating license fees and renewal license fees required under
section 326B.092:

(1) the following licenses shall be considered business licenses: plumbing contractor
and restricted plumbing contractor;

(2) the following licenses shall be considered master licenses: master plumber and
restricted master plumber;

(3) the following licenses shall be considered journeyman licenses: journeyman
plumber and restricted journeyman plumber; and

(4) the registration of a plumber's apprentice under section 326B.47, subdivision 3,
shall be considered an entry level license.

(e) For each filing of a certificate of responsible deleted text beginpersondeleted text endnew text begin individualnew text end by an employer,
the fee is $100.

new text begin (f) The commissioner shall charge each person giving bond under section 326B.46,
subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
licensed contractor.
new text end

Sec. 21.

Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:


Subdivision 1.

Bonds.

(a) As a condition of licensing, each water conditioning
contractor shall give and maintain a bond to the state as described in paragraph (b).
No applicant for a water conditioning contractor deleted text beginor installerdeleted text end license who maintains the
bond under paragraph (b) shall be otherwise required to meet the bond requirements of
any political subdivision.

(b) Each bond given to the state under this subdivision shall be in the total sum of
$3,000 conditioned upon the faithful and lawful performance of all water conditioning
installation or servicing done within the state. The bond shall be for the benefit of
persons suffering injuries or damages due to the work. The bond shall be filed with the
commissioner and shall be written by a corporate surety licensed to do business in this
state. The bond must remain in effect at all times while the application is pending and
while the license is in effect.

Sec. 22.

Minnesota Statutes 2010, section 326B.58, is amended to read:


326B.58 FEES; RENEWAL.

(a) Each initial water conditioning master and water conditioning journeyman
license shall be effective for more than one calendar year and shall expire on December 31
of the year after the year in which the application is made.

(b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
master and journeyman licenses from one year to two years. By June 30, 2011, all
renewed water conditioning contractor deleted text beginand installerdeleted text end licenses shall be two-year licenses.
The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.

(c) All water conditioning contractor licenses shall expire on December 31 of the
year after issuance or renewal.

(d) For purposes of calculating license fees and renewal fees required under section
326B.092:

(1) a water conditioning journeyman license shall be considered a journeyman
license;

(2) a water conditioning master license shall be considered a master license; and

(3) a water conditioning contractor license shall be considered a business license.

Sec. 23.

Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:


Subd. 2.

Appropriate and related knowledge.

"Appropriate and related
knowledge" means facts, information, or principles that are clearly relevant to the deleted text beginlicensee
deleted text enddeleted text beginin performingdeleted text end new text beginlicensee's new text endresponsibilities under a license issued by the commissioner.
These facts, information, or principles must convey substantive and procedural knowledge
as it relates to postlicensing issues and must be relevant to the technical aspects of a
deleted text begin particular area of continuing educationdeleted text endnew text begin regulated industrynew text end.

Sec. 24.

Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:


Subd. 3.

Classroom hour.

"Classroom hour" means deleted text begina 50-minute hourdeleted text endnew text begin 50 minutes of
educational content
new text end.

Sec. 25.

Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:


Subd. 7.

Medical hardship.

"Medical hardship" deleted text beginincludesdeleted text endnew text begin meansnew text end a documented
physical disability or medical condition.

Sec. 26.

Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:


Subd. 9.

Regulated deleted text beginindustriesdeleted text endnew text begin industrynew text end.

"Regulated deleted text beginindustriesdeleted text endnew text begin industrynew text end" means
deleted text begin residential contracting, residential remodeling, or residential roofing. Each of these is a
regulated industry
deleted text endnew text begin any business, trade, profession, or occupation that requires a license
issued under this chapter or chapter 327B as a condition of doing business in Minnesota
new text end.

Sec. 27.

Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

The purpose of this section is to establish standards
for residential building contractor continuing education. deleted text beginThe standards must include
requirements for continuing education in the implementation of energy codes or energy
conservation measures applicable to residential buildings.
deleted text end

Sec. 28.

Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:


Subd. 5.

Content.

(a) Continuing education consists of approved courses that
impart appropriate and related knowledge in the deleted text beginresidential construction industrydeleted text endnew text begin regulated
industries
new text end pursuant to deleted text beginsections 326B.802 to 326B.885deleted text endnew text begin this chapternew text end and other deleted text beginrelevantdeleted text endnew text begin
applicable
new text end federal and state laws, rules, and regulations. Courses may include relevant
materials that are included in licensing exams subject to the limitations imposed in
subdivision 11. The burden of demonstrating that courses impart appropriate and related
knowledge is upon the person seeking approval or credit.

(b) Except as required for Internet continuing education, course examinations will
not be required for continuing education courses deleted text beginunless they are required by the sponsordeleted text end.

(c) deleted text beginTextbooks are not required to be used for continuing education courses.deleted text end If
textbooks are not usednew text begin as part of the coursenew text end, the sponsor must provide students with a
syllabus containingdeleted text begin, at a minimum,deleted text end the course title, the times and dates of the course
offering, the name, address, deleted text beginanddeleted text end telephone number of the course sponsor deleted text beginanddeleted text endnew text begin,new text end the name
and affiliation of the instructor, and a detailed outline of the subject materials to be
covered. Any written or printed material given to students must be of readable quality and
contain accurate and current information.

(d) Upon completion of an approved course, licensees shall earn one hour of
continuing education credit for eachnew text begin classroomnew text end hour approved by the commissioner. deleted text beginOne
credit hour of continuing education is equivalent to 50 minutes of educational content.
deleted text end
Each continuing education course must be attended in its entirety in order to receive credit
for the number of approved hours. Courses may be approved for full or partial credit,
and for more than one regulated industry.

new text begin (e) new text endContinuing education credit in an approved course shall be awarded to presenting
instructors on the basis of one credit for each hour deleted text beginof preparation for the durationdeleted text end of the
initial presentation. Continuing education deleted text begincredit may not be earned if the licensee has
previously obtained credit for the same course as a licensee or as an instructor within the
three years immediately prior
deleted text endnew text begin credits for completion of an approved course may only be
used once for renewal of a specific license
new text end.

deleted text begin (e)deleted text end new text begin(f) new text endCourses will be approved using the following guidelines:

(1) course content must demonstrate significant intellectual or practical content and
deal with matters directly related to the practice deleted text beginof residential constructiondeleted text endnew text begin in the regulated
industry
new text end, workforce safety, or the business of running a deleted text beginresidential constructiondeleted text end companynew text begin
in the regulated industry
new text end. Courses may also address the professional responsibility or
ethical obligations of deleted text beginresidential contractors to homeowners and suppliersdeleted text endnew text begin a licensee
related to work in the regulated industry
new text end;

(2) the following courses may be deleted text beginautomaticallydeleted text end approved if they are specifically
designed for the deleted text beginresidential constructiondeleted text endnew text begin regulatednew text end industry and are in compliance with
paragraph deleted text begin(f)deleted text endnew text begin (g)new text end:

(i) courses approved by the Minnesota Board of Continuing Legal Education; or

(ii) courses approved by the International Code Council, National Association of
Home Building, or other nationally recognized professional organization of the deleted text beginresidential
construction
deleted text endnew text begin regulatednew text end industry; and

(3) courses must be presented and attended in a suitable classroom or construction
setting, except for Internet education courses which must meet the requirements of
subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
teleconference may be approved provided the sponsor is available at all times during the
presentation, except for Internet education courses which must meet the requirements
of subdivision 5a.

deleted text begin (f)deleted text end new text begin(g) new text endThe following courses will not be approved for credit:

(1) courses designed solely to prepare students for a license examination;

(2) courses in mechanical office skills, including typing, speed reading, or other
machines or equipment. Computer courses are allowed, if appropriate and related to the
deleted text begin residential constructiondeleted text endnew text begin regulatednew text end industry;

(3) courses in sales promotion, including meetings held in conjunction with the
general business of the licensee;

(4) courses in motivation, salesmanship, psychology, or personal time management;

(5) courses that are primarily intended to impart knowledge of specific products of
specific companies, if the use of the product or products relates to the sales promotion
or marketing of one or more of the products discussed; or

(6) courses new text beginwhere any of the educational content of the course is the State Building
Code
new text endthat include code provisions that have not been adopted into the State Building
Code unless the course materials clarify deleted text beginwhether or notdeleted text end new text beginthat new text endthe code provisions have
been officially adopted into a future version of the State Building Code and the effective
date of enforcementdeleted text begin, if applicabledeleted text end.

Sec. 29.

Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
read:


Subd. 5a.

Internet continuing education.

(a) new text beginMinnesota state colleges and
universities that are accredited to provide Internet education by the Higher Learning
Commission are exempt from the requirements of this subdivision.
new text end

new text begin (b) new text endThe design and delivery of an Internet continuing education course must be
approved by the International Distance Education Certification Center (IDECC) before
the course is submitted for the commissioner's approval. The IDECC approval must
accompany the course submitted.

deleted text begin (b)deleted text end new text begin(c) new text endAn Internet continuing education course must:

(1) specify the minimum computer system requirements;

(2) provide encryption that ensures that all personal information, including the
student's name, address, and credit card number, cannot be read as it passes across the
Internet;

(3) include technology to guarantee seat time;

(4) include a high level of interactivity;

(5) include graphics that reinforce the content;

(6) include the ability for the student to contact an instructor or course sponsor
within a reasonable amount of time;

(7) include the ability for the student to get technical support within a reasonable
amount of time;

(8) include a statement that the student's information will not be sold or distributed
to any third party without prior written consent of the student. Taking the course does not
constitute consent;

(9) be available 24 hours a day, seven days a week, excluding minimal downtime
for updating and administration, except that this provision does not apply to live courses
taught by an actual instructor and delivered over the Internet;

(10) provide viewing access to the online course at all times to the commissioner,
excluding minimal downtime for updating and administration;

(11) include a process to authenticate the student's identity;

(12) inform the student and the commissioner how long after its purchase a course
will be accessible;

(13) inform the student that license education credit will not be awarded for taking
the course after it loses its status as an approved course;

(14) provide clear instructions on how to navigate through the course;

(15) provide automatic bookmarking at any point in the course;

(16) provide questions after each unit or chapter that must be answered before the
student can proceed to the next unit or chapter;

(17) include a reinforcement response when a quiz question is answered correctly;

(18) include a response when a quiz question is answered incorrectly;

(19) include a final examination in which the student must correctly answer 70
percent of the questions;

(20) allow the student to go back and review any unit at any time, except during the
final examination;

(21) provide a course evaluation at the end of the course. At a minimum, the
evaluation must ask the student to report any difficulties caused by the online education
delivery method;

(22) provide a completion certificate when the course and exam have been completed
and the provider has verified the completion. Electronic certificates are sufficientnew text begin and shall
include the name of the provider, date and location of the course, educational program
identification that was provided by the department, hours of instruction or continuing
education hours, and licensee's or attendee's name and license, certification, or registration
number or the last four digits of the licensee's or attendee's Social Security number
new text end; and

(23) allow the commissioner the ability to electronically review the class to
determine if credit can be approved.

deleted text begin (c)deleted text end new text begin(d) new text endThe final examination must be either an encrypted online examination or a
paper examination that is monitored by a proctor who certifies that the student took the
examination.

Sec. 30.

Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:


Subd. 6.

Course approval.

(a) Courses must be approved by the commissioner
in advance and will be approved on the basis of the applicant's compliance with the
provisions of this section relating to continuing education in the regulated industries. The
commissioner shall make the final determination as to the approval and assignment of
credit hours for courses. Courses must be at least one hour in length.

Licensees requesting credit for continuing education courses that have not been
previously approved new text beginby the commissioner new text endshall, on a form prescribed by the commissioner,
submit an application for approval of continuing education credit accompanied by a
nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
in compliance with the provisions of this section governing the types of courses that will
and will not be approved.

Approval will not be granted for time spent on meals or other unrelated activities.
Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
offered by a provider to any one student for longer than eight hours in one day, excluding
meal breaks.

(b) Application for course approval must be submitted new text beginon a form approved by the
commissioner at least
new text end30 days before the course offering.

(c) Approval must be granted for a subsequent offering of identical continuing
education courses without requiring a new application if a notice of the subsequent
offering is filed with the commissioner at least 30 days in advance of the date the course is
to be held. The commissioner shall deny future offerings of courses if they are found not
to be in compliance with the laws relating to course approval.

Sec. 31.

Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:


Subd. 7.

Courses open to all.

All course offerings must be open to any interested
individuals. Access may be restricted by the sponsor based on class size only. Courses
deleted text begin mustdeleted text endnew text begin shallnew text end not be approved if attendance is restricted to any particular group of people,
except for company-sponsored courses allowed by applicable law.

Sec. 32.

Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:


Subd. 8.

Course sponsor.

(a) Each course of study shall have at least one sponsor,
approved by the commissioner, who is responsible for supervising the program and
ensuring compliance with all relevant law. Sponsors may engage an additional approved
sponsor in order to assist the sponsor or to act as a substitute for the sponsor deleted text beginin the event
of an emergency or illness
deleted text end.

(b) Sponsors must submit an application and sworn statement stating they agree to
abide by the requirements of this section and any other applicable statute or rule pertaining
to deleted text beginresidential constructiondeleted text end continuing educationnew text begin in the regulated industrynew text end.

(c) A sponsor may also be an instructor.

(d) Failure to comply with deleted text beginrequirementsdeleted text end new text beginparagraph (b) new text endmay result in loss of sponsor
approval for up to two years in accordance with section 326B.082.

Sec. 33.

Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:


Subd. 9.

Responsibilities.

A sponsor is responsible for:

(1) ensuring compliance with all laws and rules relating to continuing educational
offerings governed by the commissioner;

(2) ensuring that students are provided with current and accurate information relating
to the laws and rules governing deleted text begintheir licensed activitydeleted text endnew text begin the regulated industrynew text end;

(3) supervising and evaluating courses and instructors. Supervision includes
ensuring that all areas of the curriculum are addressed without redundancy and that
continuity is present throughout the entire course;

(4) ensuring that instructors are qualified to teach the course offering;

(5) furnishing the commissioner, upon request, with copies of course deleted text beginand instructordeleted text end
evaluations deleted text beginanddeleted text endnew text begin. Evaluations must be completed by students at the time the course is
offered;
new text end

new text begin (6) furnishing the commissioner, upon request, with copies of the new text endqualifications of
instructorsdeleted text begin. Evaluations must be completed by students at the time the course is offered
and by sponsors within five days after the course offering
deleted text end;

deleted text begin (6)deleted text end new text begin(7) new text endinvestigating complaints related to course offerings or instructors. A copy
of the written complaint must be sent to the commissioner within ten days of receipt of
the complaint and a copy of the complaint resolution must be sent not more than ten
days after resolution is reached;

deleted text begin (7)deleted text end new text begin(8) new text endmaintaining accurate records relating to course offerings, instructors, tests
taken by students if required, and student attendance for a period of three years from the
date on which the course was completed. These records must be made available to the
commissioner upon request. In the event the sponsor ceases operations before termination
of the sponsor application, the sponsor must provide to the commissioner digital copies of
all course and attendance records of courses held for the previous three years;

deleted text begin (8)deleted text end new text begin(9) new text endattending workshops or instructional programs as reasonably required by
the commissioner;

deleted text begin (9)deleted text end new text begin(10) new text endproviding course completion certificates within ten days of, but not before,
completion of the entire course.new text begin A sponsor may require payment of the course tuition as a
condition of receiving the course completion certificate.
new text end Course completion certificates
must be completed in their entiretydeleted text begin. Course completion certificates mustdeleted text end new text beginand shall new text endcontain
the followingnew text begin:
new text end

new text begin (i) thenew text end statement: "If you have any comments about this course offering, please mail
them to the Minnesota Department of Labor and Industry."new text begin;
new text end

new text begin (ii) new text endthe current address of the department deleted text beginmust be included. A sponsor may deleted text enddeleted text beginrequire
payment of the course tuition as a condition for receiving the course completion certificate
deleted text endnew text begin,
name of the provider, date and location of the course, educational program identification
provided by the department, and hours of instruction or continuing education hours; and
new text end

new text begin (iii) the licensee's or attendee's name and license, certificate, or registration number
or the last four digits of the licensee's or attendee's Social Security number
new text end; and

deleted text begin (10)deleted text end new text begin(11) new text endnotifying the commissioner in writing within ten days of any change in the
information in an application for approval on file with the commissioner.

Sec. 34.

Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
read:


Subd. 10.

Instructors.

(a) Each continuing education course shall have an instructor
who is qualified by education, training, or experience to ensure competent instruction.
Failure to have only qualified instructors teach at an approved course offering will result in
loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
to teach the course offering.

(b) Qualified continuing education instructors must have one of the following
qualifications:

(1) four years' practical experience in the subject area being taught;

(2) a college or graduate degree in the subject area being taught;

(3) direct experience in the development of laws, rules, or regulations related to the
deleted text begin residential constructiondeleted text endnew text begin regulatednew text end industry; or

(4) demonstrated expertise in the subject area being taught.new text begin Instructors providing
instruction related to electricity, plumbing, or high pressure piping systems must comply
with all applicable continuing education rules adopted by the Board of Electricity, the
Plumbing Board, or the Board of High Pressure Piping Systems.
new text end

(c) deleted text beginApproveddeleted text end new text beginQualified continuing education new text endinstructors are responsible for:

(1) compliance with all laws and rules relating to continuing education;

(2) providing students with current and accurate information;

(3) maintaining an atmosphere conducive to learning in the classroom;

(4) verifying attendance of students, and certifying course completion;

(5) providing assistance to students and responding to questions relating to course
materials; and

(6) attending the workshops or instructional programs that are required by the
commissioner.

Sec. 35.

Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
read:


Subd. 11.

Prohibited practices for sponsors and instructors.

(a) In connection
with an approved continuing education course, sponsors and instructors shall not:

(1) recommend deleted text beginordeleted text endnew text begin,new text end promotenew text begin, or disparagenew text end the new text beginspecific new text endservicesnew text begin, products, processes,
procedures,
new text end or practices of a particular deleted text beginbusinessdeleted text endnew text begin person in the regulated industrynew text end;

(2) encourage or recruit deleted text beginindividualsdeleted text endnew text begin studentsnew text end to engage the services of, or become
associated with, a particular business;

(3) use materials for the sole purpose of promoting a particular business;

(4) require students to participate in other programs or services offered by an
instructor or sponsor;

(5) attempt, either directly or indirectly, to discover questions or answers on an
examination for a license;

(6) disseminate to any other person specific questions, problems, or information
known or believed to be included in licensing examinations;

(7) misrepresent any information submitted to the commissioner;

(8) fail to new text beginreasonably new text endcover, or ensure coverage of, all points, issues, and concepts
contained in the course outline approved by the commissioner during the approved
instruction; or

(9) issue inaccurate course completion certificates.

(b) Sponsors shall notify the commissioner within ten days of a felony or gross
misdemeanor conviction or of disciplinary action taken against an occupational or
professional license held by the sponsor or an instructor teaching an approved course. The
deleted text begin notificationdeleted text endnew text begin conviction or disciplinary actionnew text end shall be grounds for the commissioner to
withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.

Sec. 36.

Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
read:


Subd. 12.

deleted text beginFeesdeleted text endnew text begin Course tuitionnew text end.

deleted text beginFeesdeleted text endnew text begin Tuitionnew text end for an approved course of study
and related materials must be clearly identified to students. In the event that a course is
canceled for any reason, all deleted text beginfeesdeleted text endnew text begin tuitionnew text end must be returned within 15 days from the date of
cancellation. In the event that a course is postponed for any reason, students shall be given
the choice of attending the course at a later date or having their deleted text beginfeesdeleted text endnew text begin tuitionnew text end refunded in
full within 15 days from the date of postponement. If a student is unable to attend a course
or cancels the registration in a course, sponsor policies regarding refunds shall govern.

Sec. 37.

Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
read:


Subd. 15.

Advertising courses.

(a) Paragraphs (b) to (g) govern the advertising
of continuing education courses.

(b) Advertising must be truthful and not deceptive or misleading. Courses may
not be advertised as approved for continuing education credit unless approval has been
granted in writing by the commissioner.

(c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
materials pertaining to an approved course circulated or distributed in this state, must
prominently display the following statement:

"This course has been approved by the Minnesota Department of Labor and Industry
for ....... (approved number of hours) hours for deleted text beginresidential contractordeleted text endnew text begin ....... (regulated
industry)
new text end continuing education."

(d) Advertising of approved courses must be clearly distinguishable from the
advertisement of other nonapproved courses and services.

(e) Continuing education courses may not be advertised before approval unless the
course is described in any advertising as "approval pending." The sponsor must verbally
notify deleted text beginlicenseesdeleted text endnew text begin studentsnew text end before commencement of the course if the course has been
denied credit, has not been approved for credit, or has only been approved for partial
credit by the commissioner.

(f) The number of hours for which a course has been approved must be prominently
displayed on an advertisement for the course. If the course offering is longer than the
number of hours of credit to be given, it must be clear that credit is not earned for the
entire course.

(g) The course approval number must not be included in any advertisement.

Sec. 38.

Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
read:


Subd. 16.

Notice to students.

At the beginning of each approved offering, the
following notice must be handed out in printed form or must be read to students:

"This educational offering is recognized by the Minnesota Department of Labor and
Industry as satisfying ....... (insert number of hours approved) hours of credit toward
deleted text begin residential contractordeleted text endnew text begin (insert regulated industry)new text end continuing education requirements."

Sec. 39.

Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
read:


Subd. 18.

Falsification of reportsnew text begin or certificatesnew text end.

A licensee, its deleted text beginqualified persondeleted text endnew text begin
qualifying individual
new text end, or an applicant found to have falsified an education reportnew text begin or
certificate
new text end to the commissioner shall be considered to have violated the laws relating to
thenew text begin regulatednew text end industry for which the person has a license and shall be subject to deleted text begincensure,
limitation, condition, suspension, or revocation of the license or denial of the application
for licensure
deleted text endnew text begin the enforcement provisions of section 326B.082new text end.

The commissioner reserves the right to audit a licensee's continuing education
records.

Sec. 40.

Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
read:


Subd. 19.

Waivers and extensions.

deleted text begin If a licensee provides documentation to the
commissioner that the licensee or its qualifying person is unable, and will continue to be
unable, to attend actual classroom course work because of a physical disability, medical
condition, or similar reason, attendance at continuing education courses shall be waived
for a period not to exceed one year. The commissioner shall require that the licensee or
its qualifying person satisfactorily complete a self-study program to include reading a
sufficient number of textbooks, or listening to a sufficient number of tapes, related
deleted text end deleted text begin to the
residential building contractor industry, as would be necessary for the licensee to satisfy
continuing educational credit hour needs. The commissioner shall award the licensee
credit hours for a self-study program by determining how many credit hours would
be granted to a classroom course involving the same material and giving the licensee
the same number of credit hours under this section. The licensee may apply each year
for a new waiver upon the same terms and conditions as were necessary to secure the
original waiver, and must demonstrate that in subsequent years, the licensee was unable to
complete actual classroom course work. The commissioner may request documentation
of the condition upon which the request for waiver is based as is necessary to satisfy
the commissioner of the existence of the condition and that the condition does preclude
attendance at continuing education courses.
deleted text end

Upon written proof demonstrating a medical hardship, the commissioner shall
extend, for up to 90 days, the time period during which the continuing education must be
successfully completed. deleted text beginLoss of income from either attendance at courses or cancellation
of a license is not a bona fide financial hardship.
deleted text end Requests for extensions must be
submitted to the commissioner in writing no later than 60 days before the education is
due and must include an explanation with verification of the hardship, plus verification of
enrollment at an approved course of study on or before the extension period expires.

Sec. 41.

Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
read:


Subd. 20.

Reporting requirements.

deleted text beginRequireddeleted text end Continuing educationnew text begin creditsnew text end must
be reportednew text begin by the sponsornew text end in a manner prescribed by the commissioner. Licensees are
responsible for maintaining copies of course completion certificates.

Sec. 42.

Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
read:


Subd. 22.

Continuing education approval.

Continuing education courses must be
approved in advance by the commissioner of labor and industry. deleted text begin"Sponsor" means any
person or entity offering approved education.
deleted text end

Sec. 43.

Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
read:


Subd. 23.

Continuing education fees.

The following fees shall be paid to the
commissioner:

(1) initial course approval, $20 for each hour or fraction of one hour of continuing
education course approval sought. Initial course approval expires on the last day of the
deleted text begin 24thdeleted text endnew text begin 36thnew text end month after the course is approved;

deleted text begin (2) renewal of course approval, $20 per course. Renewal of course approval expires
on the last day of the 24th month after the course is renewed;
deleted text end

deleted text begin (3)deleted text end new text begin(2) new text endinitial sponsor approval, $100. Initial sponsor approval expires on the last
day of the 24th month after the sponsor is approved; and

deleted text begin (4)deleted text end new text begin(3) new text endrenewal of sponsor approval, deleted text begin$20deleted text endnew text begin $100new text end. Renewal of sponsor approval expires
on the last day of the 24th month after the sponsor is renewed.

Sec. 44.

Minnesota Statutes 2010, section 326B.865, is amended to read:


326B.865 SIGN CONTRACTOR; BOND.

(a) A sign contractor may post a compliance bond with the commissioner,
conditioned that the sign contractor shall faithfully perform duties and comply with laws,
ordinances, rules, and contracts entered into for the installation of signs. The bond must
be renewed biennially and maintained for so long as determined by the commissioner.
The aggregate liability of the surety on the bond to any and all persons, regardless of the
number of claims made against the bond, may not exceed the annual amount of the bond.
The bond may be canceled as to future liability by the surety upon 30 days' written notice
mailed to the commissioner by United States mail.

(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
local unit of government that requires sign contractors to post a compliance bond. The
bond is in lieu of any compliance bond required by a local unit of government.

(c) For purposes of this section, "sign" means a device, structure, fixture, or
placard using graphics, symbols, or written copy that is erected on the premises of an
establishment including the name of the establishment or identifying the merchandise,
services, activities, or entertainment available on the premises.

new text begin (d) Each person giving bond under this section shall pay a biennial bond filing fee of
$100 to the commissioner of labor and industry.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 45. new text beginREVISOR'S INSTRUCTION.
new text end

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

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 326B.82, subd. 2
new text end
new text begin 326B.091, subd. 2a
new text end
new text begin 326B.82, subd. 3
new text end
new text begin 326B.091, subd. 2b
new text end
new text begin 326b.82, subd. 5
new text end
new text begin 326B.091, subd. 2c
new text end
new text begin 326B.82, subd. 7
new text end
new text begin 326B.091, subd. 4a
new text end
new text begin 326B.82, subd. 8
new text end
new text begin 326B.091, subd. 5a
new text end
new text begin 326B.82, subd. 9
new text end
new text begin 326B.091, subd. 5c
new text end
new text begin 326B.82, subd. 10
new text end
new text begin 326B.091, subd. 7
new text end
new text begin 326B.821, subd. 4
new text end
new text begin 326B.0981, subd. 17
new text end
new text begin 326B.821, subd. 5
new text end
new text begin 326B.0981, subd. 3
new text end
new text begin 326B.821, subd. 5a
new text end
new text begin 326B.0981, subd. 4
new text end
new text begin 326B.821, subd. 6
new text end
new text begin 326B.0981, subd. 5
new text end
new text begin 326B.821, subd. 7
new text end
new text begin 326B.0981, subd. 6
new text end
new text begin 326B.821, subd. 8
new text end
new text begin 326B.099, subd. 1
new text end
new text begin 326B.821, subd. 9
new text end
new text begin 326B.099, subd. 2
new text end
new text begin 326B.821, subd. 10
new text end
new text begin 326B.099, subd. 3
new text end
new text begin 326B.821, subd. 11
new text end
new text begin 326B.099, subd. 4
new text end
new text begin 326B.821, subd. 12
new text end
new text begin 326B.0981, subd. 7
new text end
new text begin 326B.821, subd. 13
new text end
new text begin 326B.0981, subd. 8
new text end
new text begin 326B.821, subd. 14
new text end
new text begin 326B.0981, subd. 9
new text end
new text begin 326B.821, subd. 15
new text end
new text begin 326B.0981, subd. 10
new text end
new text begin 326B.821, subd. 16
new text end
new text begin 326B.0981, subd. 11
new text end
new text begin 326B.821, subd. 17
new text end
new text begin 326B.099, subd. 5
new text end
new text begin 326B.821, subd. 18
new text end
new text begin 326B.0981, subd. 12
new text end
new text begin 326B.821, subd. 19
new text end
new text begin 326B.0981, subd. 13
new text end
new text begin 326B.821, subd. 20
new text end
new text begin 326B.0981, subd. 14
new text end
new text begin 326B.821, subd. 22
new text end
new text begin 326B.0981, subd. 2
new text end
new text begin 326B.821, subd. 23
new text end
new text begin 326B.0981, subd. 15
new text end
new text begin 326B.821, subd. 24
new text end
new text begin 326B.0981, subd. 16
new text end

Sec. 46. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
subdivision 3,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end