HF 2781

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

1.1A bill for an act

1.2relating to labor and industry; modifying licensing provisions; imposing and
1.3modifying certain license fees;amending Minnesota Statutes 2008, sections
1.4326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions; 326B.197; 326B.33,
1.5subdivisions 18, 20, 21; 326B.42, by adding subdivisions; 326B.44; 326B.46, as
1.6amended; 326B.47; 326B.475, subdivision 2; 326B.50, by adding subdivisions;
1.7326B.54; 326B.55, as amended if enacted; 326B.56, as amended; 326B.805,
1.8subdivision 6; 326B.83, subdivisions 1, 3, 6; 326B.865; 326B.921, subdivisions
1.92, 4, 7; 326B.922; 326B.978, subdivision 2, by adding a subdivision; 327B.04,
1.10subdivision 2; Minnesota Statutes 2009 Supplement, sections 326B.33,
1.11subdivision 19; 326B.475, subdivision 4; 326B.49, subdivision 1; 326B.58;
1.12326B.815, subdivision 1; 326B.86, subdivision 1; 326B.94, subdivision 4;
1.13326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 8; 327B.041; proposing
1.14coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota
1.15Statutes 2008, sections 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
1.16326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3,
1.174; 326B.976; Minnesota Statutes 2009 Supplement, section 326B.56, subdivision
1.184; Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4;
1.191350.7200, subpart 3; 1350.8000, subpart 2.
1.20BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21    Section 1. [326B.091] DEFINITIONS.
1.22    Subdivision 1. Applicability. For purposes of sections 326B.091 to 326B.098, the
1.23terms defined in this section have the meanings given them.
1.24    Subd. 2. Applicant. "Applicant" means a person who has submitted to the
1.25department an application for a license.
1.26    Subd. 3. License. "License" means any registration, certification, or other form
1.27of approval authorized by chapters 326B and 327B to be issued by the commissioner
1.28or department as a condition of doing business or conducting a trade, profession,
1.29or occupation in Minnesota. License includes specifically but not exclusively an
1.30authorization issued by the commissioner or department: to perform electrical work,
2.1plumbing or water conditioning work, high pressure piping work, or residential building
2.2work of a residential contractor, residential remodeler, or residential roofer; to install
2.3manufactured housing; to serve as a building official; or to operate a boiler or boat.
2.4    Subd. 4. Licensee. "Licensee" means the person named on the license as the person
2.5authorized to do business or conduct the trade, profession, or occupation in Minnesota.
2.6    Subd. 5. Notification date. "Notification date" means the date of the written
2.7notification from the department to an applicant that the applicant is qualified to take the
2.8examination required for licensure.
2.9    Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
2.10license, means 30 days before the date that the license expires.

2.11    Sec. 2. [326B.092] FEES.
2.12    Subdivision 1. Licenses requiring examination administered by commissioner.
2.13(a) If the applicant for a license must pass an examination administered by the
2.14commissioner in order to obtain the license, then the application for the initial license
2.15must be accompanied by an application and examination fee of $50, which is separate
2.16from the license fee. The license fee is due after the applicant passes the examination
2.17and before the license is issued.
2.18(b) If the applicant for a Minnesota license holds a license in another state and
2.19is seeking Minnesota licensure without examination based on reciprocity, then the
2.20application for the Minnesota license must be accompanied by the application and
2.21examination fee of $50, which is separate from the license fee. If the commissioner
2.22approves the application, then the license fee is due before the license is issued.
2.23    Subd. 2. Licenses not requiring examination administered by commissioner.
2.24If the applicant for a license is not required to pass an examination in order to obtain the
2.25license, or is required to pass an examination that is not administered by the commissioner,
2.26then the license fee must accompany the application for the license. If the application is
2.27for a license issued under sections 326B.802 to 326B.885 and is not an application for
2.28license renewal, then the contractor recovery fund fee required under section 326B.89,
2.29subdivision 3, is due after the department has determined that the applicant meets the
2.30qualifications for licensing and before the license is issued.
2.31    Subd. 3. Late fee. The department must receive a complete application for license
2.32renewal by the renewal deadline but not more than 90 days before the renewal deadline. If
2.33the department receives a renewal application after the expiration of the license, then the
2.34renewal application must be accompanied by a late fee equal to one-half of the license
2.35renewal fee; except that, for the purpose of calculating the late fee only, the license
3.1renewal fee shall not include any contractor recovery fund fee required by section
3.2326B.89, subdivision 3.
3.3    Subd. 4. Lapsed licensed fee. If the department receives a renewal application
3.4within two years after expiration of the license, the renewal application must be
3.5accompanied by all license renewal fees to cover the period that the license was expired,
3.6plus the late fee described in subdivision 3 and the license renewal fee for the current
3.7renewal period.
3.8    Subd. 5. Insufficient fees. If the applicant does not include all required fees with
3.9the application, then the application will be incomplete and the department will notify the
3.10applicant of the amount of the deficiency.
3.11    Subd. 6. Fees nonrefundable. Application and examination fees, license fees,
3.12license renewal fees, and late fees are nonrefundable except for:
3.13(1) license renewal fees received more than two years after expiration of the license,
3.14as described in section 326B.094, subdivision 2;
3.15(2) any overpayment of fees; and
3.16(3) if the license is not renewed, the contractor recovery fund fee and any additional
3.17assessment paid under subdivision 7, paragraph (e).
3.18    Subd. 7. License fees and license renewal fees. (a) The license fee for each license
3.19except a renewed license shall be the base license fee plus any applicable board fee, as
3.20set forth in this subdivision. The license renewal fee for each renewed license is the
3.21base license fee plus any applicable board fee, continuing education fee, and contractor
3.22recovery fund fee and additional assessment, as set forth in this subdivision.
3.23(b) For purposes of this section, "license duration" means the number of years for
3.24which the license is issued except that:
3.25(1) if the initial license is not issued for a whole number of years, the license duration
3.26shall be rounded up to the next whole number; and
3.27(2) if the department receives an application for license renewal after the renewal
3.28deadline, license duration means the number of years for which the renewed license would
3.29have been issued if the renewal application had been submitted on time and all other
3.30requirements for renewal had been met.
3.31(c) The base license fee shall depend on whether the license is classified as an entry
3.32level, master, journeyman, or business license, and on the license duration. The base
3.33license fee shall be:

3.34	License Classification	License Duration
3.35		1 Year	2 Years	3 Years
3.36	Entry level	$10	$20	$30
4.1	Journeyman	$20	$40	$60
4.2	Master	$40	$80	$120
4.3	Business	$80	$160	$240

4.4(d) If there is a continuing education requirement for renewal of the license, then
4.5a continuing education fee must be included in the renewal license fee. The continuing
4.6education fee for all license classifications shall be: $10 if the renewal license duration is
4.7one year; $20 if the renewal license duration is two years; and $30 if the renewal license
4.8duration is three years.
4.9(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to
4.10326B.93, then a board fee must be included in the license fee and the renewal license fee.
4.11The board fee for all license classifications shall be: $4 if the license duration is one year;
4.12$8 if the license duration is two years; and $12 if the license duration is three years.
4.13(f) If the application is for the renewal of a license issued under sections 326B.802
4.14to 326B.885, then the contractor recovery fund fee required under section 326B.89,
4.15subdivision 3, and any additional assessment required under section 326B.89, subdivision
4.1616, must be included in the license renewal fee.

4.17    Sec. 3. [326B.093] LICENSES REQUIRING EXAMINATION ADMINISTERED
4.18BY COMMISSIONER.
4.19    Subdivision 1. Qualifications for examination. If the applicant for a license must
4.20pass an examination administered by the commissioner in order to obtain the license, then
4.21the applicant's complete application must demonstrate that the applicant is qualified to
4.22take the examination. The applicant is qualified to take the examination if the applicant
4.23meets all requirements for the license except for passing the examination.
4.24    Subd. 2. Not qualified for examination. If the applicant is not qualified to take
4.25the examination, then the commissioner must deny the application. The applicant may
4.26subsequently submit another application, accompanied by the required fee.
4.27    Subd. 3. Taking the examination. If the applicant is qualified to take the
4.28examination, then the department must notify the applicant, and the applicant may
4.29schedule a time to take the examination within one year after the notification date. If the
4.30applicant does not take the examination at the scheduled time, the applicant may, one
4.31time only, reschedule a time to take the examination on a date within one year after the
4.32notification date. If the applicant fails to take the examination within one year after the
4.33notification date, the commissioner must deny the application and the applicant forfeits the
4.34application/examination fee. The applicant may subsequently submit another application,
4.35accompanied by the required application/examination fee.
5.1    Subd. 4. Examination results. If the applicant receives a passing score on the
5.2examination and meets all other requirements for licensure, the commissioner must
5.3approve the application and notify the applicant of the approval within 60 days of the date
5.4of the passing score. The applicant must, within 90 days after the notification of approval,
5.5pay the license fee. Upon receipt of the license fee, the commissioner must issue the
5.6license. If the applicant does not pay the license fee within 90 days after the notification
5.7of approval, the commissioner will rescind the approval and must deny the application.
5.8If the applicant does not receive a passing score on the examination, the commissioner
5.9must deny the application. If the application is denied because of the applicant's failure
5.10to receive a passing score on the examination, then the applicant cannot submit a new
5.11application for the license until at least 30 days after the notification of denial.

5.12    Sec. 4. [326B.094] RENEWAL OF LICENSES.
5.13    Subdivision 1. Expiration of licenses. Unless and until the department or
5.14commissioner issues a renewal of a license, the license expires on the expiration date
5.15printed on the license. While the license is expired, the licensee cannot perform the
5.16activities authorized by the license.
5.17    Subd. 2. Availability of renewal. A licensee may apply to renew a license no later
5.18than two years after the expiration of the license. If the department receives a complete
5.19renewal application no later than two years after the expiration of the license, then the
5.20department must approve or deny the renewal application within 60 days of receiving the
5.21complete renewal application. If the department receives a renewal application more than
5.22two years after the expiration of the license, the department must return the renewal
5.23license fee to the applicant without approving or denying the application. If the licensee
5.24wishes to obtain a valid license more than two years after expiration of the license, the
5.25licensee must apply for a new license.
5.26    Subd. 3. Deadline for avoiding license expiration. The department must receive
5.27a complete application to renew a license no later than the renewal deadline. If the
5.28department does not receive a complete application by the renewal deadline, the license
5.29may expire before the department has either approved or denied the renewal application.

5.30    Sec. 5. [326B.095] INCOMPLETE LICENSE APPLICATIONS.
5.31This section applies to both applications for initial licenses and license renewal
5.32applications. If the department determines that an application is incomplete, the
5.33department must notify the applicant of the deficiencies that must be corrected in
5.34order to complete the application. If the applicant wishes to complete the application,
6.1the department must receive the completed application within 90 days after the date
6.2the department mailed or delivered the incomplete application to the applicant. If the
6.3department does not receive the completed application by this deadline, the commissioner
6.4must deny the application and the applicant will forfeit all fees except as provided
6.5in section 326B.092, subdivision 6. If the application is for license renewal and the
6.6department receives the corrected application after the license has expired, then the
6.7corrected application must be accompanied by the late fee.

6.8    Sec. 6. [326B.096] REINSTATEMENT OF LICENSES.
6.9    Subdivision 1. Reinstatement after revocation. (a) If a license is revoked under
6.10this chapter and if an applicant for a license needs to pass an examination administered by
6.11the commissioner before becoming licensed, then, in order to have the license reinstated,
6.12the person who holds the revoked license must:
6.13(1) retake the examination and achieve a passing score; and
6.14(2) meet all other requirements for an initial license, including payment of the
6.15application and examination fee and the license fee. The person holding the revoked
6.16license is not eligible for Minnesota licensure without examination based on reciprocity.
6.17(b) If a license is revoked under a chapter other than this chapter, then, in order to
6.18have the license reinstated, the person who holds the revoked license must:
6.19(1) apply for reinstatement to the commissioner no later than two years after the
6.20effective date of the revocation;
6.21(2) pay a $100 reinstatement application fee and any applicable renewal license
6.22fee; and
6.23(3) meet all applicable requirements for licensure, except that, unless required by the
6.24order revoking the license, the applicant does not need to retake any examination and does
6.25not need to repay a license fee that was paid before the revocation.
6.26    Subd. 2. Reinstatement after suspension. If a license is suspended, then, in order
6.27to have the license reinstated, the person who holds the suspended license must:
6.28(1) apply for reinstatement to the commissioner no later than two years after the
6.29completion of the suspension period;
6.30(2) pay a $100 reinstatement application fee and any applicable renewal license
6.31fee; and
6.32(3) meet all applicable requirements for licensure, except that, unless required by the
6.33order suspending the license, the applicant does not need to retake any examination and
6.34does not need to repay a license fee that was paid before the suspension.
7.1    Subd. 3. Reinstatement after voluntary termination. A licensee who is not an
7.2individual may voluntarily terminate a license issued to the person under this chapter. If a
7.3licensee has voluntarily terminated a license under this subdivision, then, in order to have
7.4the license reinstated, the person who holds the terminated license must:
7.5(1) apply for reinstatement to the commissioner no later than the date that the license
7.6would have expired if it had not been terminated;
7.7(2) pay a $100 reinstatement application fee and any applicable renewal license
7.8fee; and
7.9(3) meet all applicable requirements for licensure, except that the applicant does not
7.10need to repay a license fee that was paid before the termination.

7.11    Sec. 7. [326B.097] PROHIBITION OF TRANSFER.
7.12A licensee shall not transfer or sell any license.

7.13    Sec. 8. [326B.098] CONTINUING EDUCATION.
7.14    Subdivision 1. Applicability. This section applies to seminars offered by
7.15the department for the purpose of allowing licensees to meet continuing education
7.16requirements for license renewal.
7.17    Subd. 2. Rescheduling. An individual who is registered with the department to
7.18attend a seminar may reschedule one time only, to attend the same seminar on a date
7.19within one year after the date of the seminar the individual was registered to attend.
7.20    Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
7.21nonrefundable except for any overpayment of fees.

7.22    Sec. 9. Minnesota Statutes 2008, section 326B.133, subdivision 1, is amended to read:
7.23    Subdivision 1. Designation. Each municipality shall designate a building official to
7.24administer the code. A municipality may designate no more than one building official
7.25responsible for code administration defined by each certification category established in
7.26rule created by statute or rule. Two or more municipalities may combine in the designation
7.27of a building official for the purpose of administering the provisions of the code within
7.28their communities. In those municipalities for which no building officials have been
7.29designated, the state building official may use whichever state employees are necessary to
7.30perform the duties of the building official until the municipality makes a temporary or
7.31permanent designation. All costs incurred by virtue of these services rendered by state
7.32employees must be borne by the involved municipality and receipts arising from these
7.33services must be paid to the commissioner.

8.1    Sec. 10. Minnesota Statutes 2008, section 326B.133, is amended by adding a
8.2subdivision to read:
8.3    Subd. 2a. Application; renewal; fees; expiration. (a) An applicant for certification
8.4shall submit a completed application on a form approved by the commissioner to the
8.5department. The commissioner shall review applications for compliance with the
8.6requirements established by rule.
8.7(b) Application for initial certification or renewal certification as a building official,
8.8building official-limited, or accessibility specialist shall be according to this section and
8.9sections 326B.092 to 326B.095.
8.10(c) Fees shall be paid to the department according to section 326B.092.
8.11(d) Unless revoked or suspended under this chapter, all certifications issued or
8.12renewed under this section expire two years from the date of original issuance and every
8.13two years thereafter.

8.14    Sec. 11. Minnesota Statutes 2008, section 326B.133, subdivision 3, is amended to read:
8.15    Subd. 3. Certification criteria. The commissioner shall by rule establish
8.16certification criteria as proof of qualification pursuant to subdivision 2. The commissioner
8.17may:
8.18    (1) develop and administer written and practical examinations to determine if a
8.19person is qualified pursuant to subdivision 2 to be a building official;
8.20    (2) accept documentation of successful completion of testing programs developed
8.21and administered by nationally recognized testing agencies, as proof of qualification
8.22pursuant to subdivision 2; or
8.23    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory
8.24training program developed or approved by the commissioner.
8.25    Upon a determination of qualification under clause (1), (2), or (3), the commissioner
8.26shall issue a certificate to the building official stating that the official is certified. Each
8.27person applying for examination and certification pursuant to this section shall pay a
8.28nonrefundable fee of $70. The commissioner or a designee may establish categories of
8.29certification that will recognize the varying complexities of code enforcement in the
8.30municipalities within the state. The commissioner shall provide educational programs
8.31designed to train and assist building officials in carrying out their responsibilities.

8.32    Sec. 12. Minnesota Statutes 2008, section 326B.133, is amended by adding a
8.33subdivision to read:
9.1    Subd. 3a. Certification categories. (a) If a municipality has adopted or adopts
9.2the State Building Code, the responsibilities for code administration and enforcement
9.3are under the authority of its designated building official or the certified building
9.4official-limited.
9.5(b) Certified building official. This certification is identified as "certified building
9.6official" on the certificate card. This certification is granted to an individual who has met
9.7the certified building official requirements established by rule and passed the written
9.8examination prepared by the state. A person with this certification may serve as the
9.9designated building official for any municipality. For the purposes of calculating fees
9.10under section 326B.092, certification as a building official is a master license.
9.11(c) Certified building official-limited. This certification is identified as "certified
9.12building official-limited" on the certification card. This certification is granted to an
9.13individual who has met the certified building official-limited requirements established by
9.14rule and passed the written examination prepared by the state. An individual with this
9.15certification may perform code administration for one- and two-family dwellings, their
9.16accessory structures, and "exempt classes of buildings" as provided in Minnesota Rules,
9.17part 1800.5000, of the Board of Architecture, Engineering, Land Surveying, Landscape
9.18Architecture, Geoscience, and Interior Design, and "facilities for persons with physical
9.19disabilities" that are governed by the State Building Code. Subject to the limitations of the
9.20building official-limited certification, an individual with this certification may serve as
9.21the designated building official for any municipality. Code administration for all other
9.22buildings must be performed by a certified building official as defined in paragraph (a). A
9.23certified building official-limited may conduct inspections for other structures regulated
9.24by the State Building Code under the direction of a designated certified building official or
9.25the state building official.
9.26Subject to all other certification requirements, as of January 1, 2012, valid Class I
9.27certifications shall be included in the certified building official-limited category upon the
9.28next immediate renewal. For the purposes of calculating fees under section 326B.092,
9.29certification as a building official-limited is a journeyman license.
9.30(d) Accessibility specialist. This certification is identified as accessibility specialist
9.31on the certification card. This certification is granted to an individual who has met
9.32the "accessibility specialist" requirements established by rule and passed the written
9.33examination prepared by the state. An individual with this classification is limited to the
9.34administration of those provisions of the State Building Code that provide access for
9.35persons with disabilities. For the purposes of calculating fees under section 326B.092,
9.36certification as an accessibility specialist is a journeyman license.

10.1    Sec. 13. Minnesota Statutes 2008, section 326B.133, subdivision 8, is amended to read:
10.2    Subd. 8. Continuing education requirements; extension of time. (a) This
10.3subdivision establishes the number of continuing education units required within each
10.4two-year certification period.
10.5A certified building official shall accumulate 16 continuing education units in any
10.6education program that is approved under Minnesota Rules, part 1301.1000.
10.7A certified building official-limited shall, in each year of the initial two-year
10.8certification period, accumulate eight continuing education units in any education program
10.9that is approved under Minnesota Rules, part 1301.1000. Continuing education units
10.10shall be reported annually during the initial two-year certification period by the method
10.11established in rule. A certified building official-limited shall accumulate 16 continuing
10.12education units for each two-year certification period thereafter in any education program
10.13that is approved under Minnesota Rules, part 1301.1000.
10.14An accessibility specialist must accumulate four continuing education units in any
10.15of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four
10.16units must be for courses relating to building accessibility, plan review, field inspection,
10.17or building code administration.
10.18Continuing education programs may be approved as established in rule.
10.19    (b) Subject to sections 326B.101 to 326B.194, the commissioner may by rule
10.20establish or approve continuing education programs for certified building officials dealing
10.21with matters of building code administration, inspection, and enforcement.
10.22    Each person certified as a building official for the state must satisfactorily complete
10.23applicable educational programs established or approved by the commissioner to retain
10.24renew certification.
10.25(c) The state building official may grant an extension of time to comply with
10.26continuing education requirements if the certificate holder requesting the extension of
10.27time shows cause for the extension. The request for the extension must be in writing. For
10.28purposes of this section, the certificate holder's current certification effective dates shall
10.29remain the same. The extension does not relieve the certificate holder from complying
10.30with the continuing education requirements for the next two-year period.

10.31    Sec. 14. Minnesota Statutes 2008, section 326B.133, subdivision 11, is amended to
10.32read:
10.33    Subd. 11. Failure to renew. An individual who has failed to make a timely
10.34application for renewal of a certificate is not certified and must not serve as the designated
10.35building official for any municipality, or a certified building official, a certified building
11.1official-limited, or an accessibility specialist until a renewed certificate has been issued by
11.2the commissioner.

11.3    Sec. 15. Minnesota Statutes 2008, section 326B.197, is amended to read:
11.4326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS.
11.5    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
11.6fuel burning, or refrigeration work must give and maintain bond to the state in the amount
11.7of $25,000 for all work entered into within the state. The bond must be for the benefit of
11.8persons suffering financial loss by reason of the contractor's failure to comply with the
11.9requirements of the State Mechanical Code. A bond given to the state must be filed with
11.10the commissioner of labor and industry and is in lieu of all other bonds to any political
11.11subdivision required for work covered by this section. The bond must be written by a
11.12corporate surety licensed to do business in the state.
11.13    (b) The commissioner of labor and industry may charge each person giving bond
11.14under this section an annual a biennial bond filing fee of $15 $100.

11.15    Sec. 16. Minnesota Statutes 2008, section 326B.33, subdivision 18, is amended to read:
11.16    Subd. 18. Examination. In addition to the other requirements described in this
11.17section and sections 326B.091 to 326B.098, and except as provided in subdivision 20, as a
11.18precondition to issuance of a personal license, each applicant must pass a written or oral
11.19examination developed and administered by the commissioner to ensure the competence of
11.20each applicant for license. An oral examination shall be administered only to an applicant
11.21who furnishes a written statement from a certified teacher or other professional, trained in
11.22the area of reading disabilities stating that the applicant has a specific reading disability
11.23which would prevent the applicant from performing satisfactorily on a written test. The
11.24oral examination shall be structured so that an applicant who passes the examination
11.25will not impair the applicant's own safety or that of others while acting as a licensed
11.26individual. No individual failing an examination may retake it for six months thereafter,
11.27but within such six months the individual may take an examination for a lesser grade of
11.28license. Any individual failing to renew a personal license for two years or more after its
11.29expiration, and any licensee whose personal license is revoked under this chapter, shall
11.30be required to retake the examination before being issued a new license. An individual
11.31whose personal license is revoked under any other chapter is not required to retake the
11.32examination before being issued a new license, unless the personal license was revoked
11.33two years or more before the commissioner received the completed application for a new
11.34license. A licensee whose personal license is suspended for any reason is not required to
12.1retake the examination before the personal license is reinstated, unless the personal license
12.2has not been reinstated within two years after the suspension began.
12.3    An applicant for a personal license shall submit to the commissioner an application
12.4and examination fee at the time of application. Upon approval of the application, the
12.5commissioner shall schedule the applicant for the next available examination, which shall
12.6be held within 60 days. The applicant shall be allowed one opportunity to reschedule
12.7an examination without being required to submit another application and examination
12.8fee. Additionally, an applicant who fails an examination, or whose application was not
12.9approved, shall submit another application and examination fee.

12.10    Sec. 17. Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19,
12.11is amended to read:
12.12    Subd. 19. License, registration, and renewal fees; expiration. (a) Unless
12.13revoked or suspended under this chapter, all licenses issued or renewed under this section
12.14expire on the date specified in this subdivision. Master licenses expire March 1 of each
12.15odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
12.161 of each even-numbered year after issuance or renewal. Technology system contractor
12.17licenses expire August 1 of each even-numbered year after issuance or renewal. All
12.18other personal licenses expire two years from the date of original issuance and every two
12.19years thereafter. Registrations of unlicensed individuals expire one year from the date of
12.20original issuance and every year thereafter.
12.21    (b) Fees for application and examination, and for the original issuance and each
12.22subsequent renewal, are:
12.23    (1) For each personal license application and examination: $35;
12.24    (2) For original issuance and each subsequent renewal of:
12.25    Class A Master or master special electrician, including master elevator constructor:
12.26$40 per year;
12.27    Class B Master: $25 per year;
12.28    Power Limited Technician: $15 per year;
12.29    Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman,
12.30or Maintenance Electrician other than master special electrician: $15 per year;
12.31    Contractor: $100 per year;
12.32    Unlicensed individual registration: $15 per year.
12.33    (c) If any new license is issued in accordance with this subdivision for less than two
12.34years, the fee for the license shall be prorated on an annual basis.
13.1    (d) A license fee may not be refunded after a license is issued or renewed. However,
13.2if the fee paid for a license was not prorated in accordance with this subdivision, the
13.3amount of the overpayment shall be refunded.
13.4    (e) Any contractor who seeks reissuance of a license after it has been revoked or
13.5suspended under this chapter shall submit a reissuance fee of $100 before the license is
13.6reinstated.
13.7    (f) An individual or contractor who fails to renew a license before 30 days after the
13.8expiration or registration of the license must submit a late fee equal to one year's license
13.9fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not
13.10prorated. An individual or contractor that fails to renew a license or registration by the
13.11expiration date is unlicensed until the license or registration is renewed.
13.12(b) For purposes of calculating license fees and renewal license fees required under
13.13section 326B.092:
13.14(1) the registration of an unlicensed individual under subdivision 12 shall be
13.15considered an entry level license;
13.16(2) the following licenses shall be considered journeyman licenses: Class A
13.17journeyman electrician, Class B journeyman electrician, Class A installer, Class B installer,
13.18elevator constructor, lineman, maintenance electrician, and power limited technician;
13.19(3) the following licenses shall be considered master licenses: Class A master
13.20electrician, Class B master electrician, and master elevator constructor; and
13.21(4) the following licenses shall be considered business licenses: Class A electrical
13.22contractor, Class B electrical contractor, elevator contractor, and technology systems
13.23contractor.
13.24(c) For each filing of a certificate of responsible person by an employer, the fee is
13.25$100.

13.26    Sec. 18. Minnesota Statutes 2008, section 326B.33, subdivision 20, is amended to read:
13.27    Subd. 20. Reciprocity. The commissioner may enter into reciprocity agreements
13.28for personal licenses with another state if approved by the board. Once approved by the
13.29board, the commissioner may issue a personal license without requiring the applicant to
13.30pass an examination provided the applicant:
13.31    (a) submits an application under this section;
13.32    (b) pays the application and examination fee and license fee required under this
13.33section 326B.092; and
13.34    (c) holds a valid comparable license in the state participating in the agreement.
13.35    Agreements are subject to the following:
14.1    (1) The parties to the agreement must administer a statewide licensing program that
14.2includes examination and qualifying experience or training comparable to Minnesota's.
14.3    (2) The experience and training requirements under which an individual applicant
14.4qualified for examination in the qualifying state must be deemed equal to or greater than
14.5required for an applicant making application in Minnesota at the time the applicant
14.6acquired the license in the qualifying state.
14.7    (3) The applicant must have acquired the license in the qualifying state through an
14.8examination deemed equivalent to the same class of license examination in Minnesota.
14.9A lesser class of license may be granted where the applicant has acquired a greater
14.10class of license in the qualifying state and the applicant otherwise meets the conditions
14.11of this subdivision.
14.12    (4) At the time of application, the applicant must hold a valid license in the
14.13qualifying state and have held the license continuously for at least one year before making
14.14application in Minnesota.
14.15    (5) An applicant is not eligible for a license under this subdivision if the applicant
14.16has failed the same or greater class of license examination in Minnesota, or if the
14.17applicant's license of the same or greater class has been revoked or suspended.
14.18    (6) An applicant who has failed to renew a personal license for two years or more
14.19after its expiration is not eligible for a license under this subdivision.

14.20    Sec. 19. Minnesota Statutes 2008, section 326B.33, subdivision 21, is amended to read:
14.21    Subd. 21. Exemptions from licensing. (a) An individual who is a maintenance
14.22electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399
14.23if:
14.24    (1) the individual is engaged in the maintenance and repair of electrical equipment,
14.25apparatus, and facilities that are owned or leased by the individual's employer and that are
14.26located within the limits of property operated, maintained, and either owned or leased by
14.27the individual's employer;
14.28    (2) the individual is supervised by:
14.29    (i) the responsible master electrician for a contractor who has contracted with the
14.30individual's employer to provide services for which a contractor's license is required; or
14.31    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
14.32engineer, or, if the maintenance and repair work is limited to technology circuits or
14.33systems work, a licensed power limited technician; and
14.34    (3) the individual's employer has filed on file with the commissioner a current
14.35certificate of responsible person, signed by the responsible master electrician of the
15.1contractor, the licensed master electrician, the licensed maintenance electrician, the
15.2electrical engineer, or the licensed power limited technician, and stating that the person
15.3signing the certificate is responsible for ensuring that the maintenance and repair work
15.4performed by the employer's employees complies with the Minnesota Electrical Act and
15.5the rules adopted under that act. The employer must pay a filing fee to file a certificate of
15.6responsible person with the commissioner. The certificate shall expire two years from the
15.7date of filing. In order to maintain a current certificate of responsible person, the employer
15.8must resubmit a certificate of responsible person, with a filing fee, no later than two years
15.9from the date of the previous submittal.
15.10    (b) Employees of a licensed electrical or technology systems contractor or other
15.11employer where provided with supervision by a master electrician in accordance with
15.12subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
15.13(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
15.14for the planning, laying out, installing, altering, and repairing of technology circuits or
15.15systems except planning, laying out, or installing:
15.16    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
15.17control circuits or systems other than class 2 or class 3, except circuits that interconnect
15.18these systems through communication, alarm, and security systems are exempted from
15.19this paragraph;
15.20    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
15.21physically unprotected circuits other than class 2 or class 3; or
15.22    (3) technology circuits or systems in hazardous classified locations as covered by
15.23chapter 5 of the National Electrical Code.
15.24    (c) Companies and their employees that plan, lay out, install, alter, or repair class
15.252 and class 3 remote control wiring associated with plug or cord and plug connected
15.26appliances other than security or fire alarm systems installed in a residential dwelling are
15.27not required to hold a license under sections 326B.31 to 326B.399.
15.28    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
15.29employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
15.30when performing heating, ventilating, air conditioning, or refrigeration work as described
15.31in section 326B.38.
15.32    (e) Employees of any electrical, communications, or railway utility, cable
15.33communications company as defined in section 238.02, or a telephone company as defined
15.34under section 237.01 or its employees, or of any independent contractor performing work
15.35on behalf of any such utility, cable communications company, or telephone company, shall
15.36not be required to hold a license under sections 326B.31 to 326B.399:
16.1    (1) while performing work on installations, materials, or equipment which are owned
16.2or leased, and operated and maintained by such utility, cable communications company, or
16.3telephone company in the exercise of its utility, antenna, or telephone function, and which
16.4    (i) are used exclusively for the generation, transformation, distribution, transmission,
16.5or metering of electric current, or the operation of railway signals, or the transmission
16.6of intelligence and do not have as a principal function the consumption or use of electric
16.7current or provided service by or for the benefit of any person other than such utility, cable
16.8communications company, or telephone company, and
16.9    (ii) are generally accessible only to employees of such utility, cable communications
16.10company, or telephone company or persons acting under its control or direction, and
16.11    (iii) are not on the load side of the service point or point of entrance for
16.12communication systems;
16.13    (2) while performing work on installations, materials, or equipment which are a part
16.14of the street lighting operations of such utility; or
16.15    (3) while installing or performing work on outdoor area lights which are directly
16.16connected to a utility's distribution system and located upon the utility's distribution poles,
16.17and which are generally accessible only to employees of such utility or persons acting
16.18under its control or direction.
16.19    (f) An owner shall not be required to hold or obtain a license under sections 326B.31
16.20to 326B.399.

16.21    Sec. 20. Minnesota Statutes 2008, section 326B.42, is amended by adding a
16.22subdivision to read:
16.23    Subd. 1a. Contractor. "Contractor" means a person who performs or offers
16.24to perform any plumbing work, with or without compensation, who is licensed as a
16.25contractor by the commissioner. Contractor includes plumbing contractors and restricted
16.26plumbing contractors.

16.27    Sec. 21. Minnesota Statutes 2008, section 326B.42, is amended by adding a
16.28subdivision to read:
16.29    Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
16.30whose responsible licensed plumber is a licensed master plumber.

16.31    Sec. 22. Minnesota Statutes 2008, section 326B.42, is amended by adding a
16.32subdivision to read:
17.1    Subd. 9. Responsible licensed plumber. A contractor's "responsible licensed
17.2plumber" means the licensed master plumber or licensed restricted master plumber
17.3designated in writing by the contractor in the contractor's license application, or in another
17.4manner acceptable to the commissioner, as the individual responsible for the contractor's
17.5compliance with sections 326B.41 to 326B.49, all rules adopted under these sections and
17.6sections 326B.50 to 326B.59, and all orders issued under section 326B.082.

17.7    Sec. 23. Minnesota Statutes 2008, section 326B.42, is amended by adding a
17.8subdivision to read:
17.9    Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
17.10means a licensed contractor whose responsible licensed plumber is a licensed restricted
17.11master plumber.

17.12    Sec. 24. Minnesota Statutes 2008, section 326B.44, is amended to read:
17.13326B.44 LOCAL REGULATIONS.
17.14     Any of the following entities may, by ordinance, adopt local regulations providing
17.15for plumbing permits, approval of plans and specifications, and inspections of plumbing,
17.16which regulations are not in conflict with the plumbing code: any city having a system
17.17of waterworks or sewerage, regardless of population; any town having a population of
17.185,000 or more according to the last federal census, exclusive of any statutory cities
17.19located therein; and the Metropolitan Airports Commission. No such entity shall prohibit
17.20plumbers plumbing contractors licensed by the commissioner from engaging in or working
17.21at the business of plumbing, except cities and statutory cities which, prior to April 21,
17.221933, by ordinance required the licensing of plumbers. No such entity shall require any
17.23person who engages in the business of plumbing to post a bond as a prerequisite for
17.24engaging in the business of plumbing, except the bond to the state required under section
17.25326B.46 and except any performance bond required under a contract with the person
17.26for the performance of plumbing work for the entity. No such entity shall require any
17.27person who engages in the business of plumbing to maintain public liability insurance
17.28as a prerequisite for engaging in the business of plumbing, except the insurance required
17.29under section 326B.46 and except any public liability insurance required under a contract
17.30with the person for the performance of plumbing work for the entity. No city or town may
17.31require a license for persons performing building sewer or water service installation who
17.32have completed pipe laying training as prescribed by the commissioner of labor and
17.33industry. Any city by ordinance may prescribe regulations, reasonable standards, and
17.34inspections and grant permits to any person engaged in the business of installing water
18.1softeners, who is not licensed as a master plumber or journeyman plumber contractor by
18.2the commissioner, to connect water softening and water filtering equipment to private
18.3residence water distribution systems, where provision has been previously made therefor
18.4and openings left for that purpose or by use of cold water connections to a domestic
18.5water heater; where it is not necessary to rearrange, make any extension or alteration of,
18.6or addition to any pipe, fixture or plumbing connected with the water system except to
18.7connect the water softener, and provided the connections so made comply with minimum
18.8standards prescribed by the Plumbing Board.

18.9    Sec. 25. Minnesota Statutes 2008, section 326B.46, as amended by Laws 2009, chapter
18.1078, article 5, section 14, and chapter 109, section 13, is amended to read:
18.11326B.46 LICENSING, BOND AND INSURANCE.
18.12    Subdivision 1. License required. (a) No person individual shall engage in or work
18.13at the business of a master plumber, restricted master plumber, journeyman plumber,
18.14and restricted journeyman plumber unless licensed to do so by the state commissioner.
18.15A license is not required for individuals performing building sewer or water service
18.16installation who have completed pipe laying training as prescribed by the commissioner
18.17of labor and industry. A master plumber may also work as a journeyman plumber, a
18.18restricted journeyman plumber, and a restricted master plumber. A journeyman plumber
18.19may also work as a restricted journeyman plumber. Anyone not so licensed may do
18.20plumbing work which complies with the provisions of the minimum standards prescribed
18.21by the Plumbing Board on premises or that part of premises owned and actually occupied
18.22by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
18.23    (b) No person shall engage in the business of planning, superintending, or installing
18.24plumbing or shall install plumbing in connection with the dealing in and selling of
18.25plumbing material and supplies unless at all times a licensed master plumber, or in cities
18.26and towns with a population of fewer than 5,000 according to the last federal census, a
18.27restricted master plumber, who shall be responsible for proper installation, is in charge
18.28of the plumbing work of the person, firm, or corporation.
18.29(c) Except as provided in subdivision 2, no person shall perform or offer to perform
18.30plumbing work with or without compensation unless the person obtains a contractor's
18.31license. A contractor's license does not of itself qualify its holder to perform the plumbing
18.32work authorized by holding a master, journeyman, restricted master, or restricted
18.33journeyman license.
19.1    Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
19.2license may do plumbing work on the individual's residence in accordance with
19.3subdivision 1, paragraph (a).
19.4(b) An individual who is an employee working on the maintenance and repair of
19.5plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
19.6and which is within the limits of property owned or leased, and operated or maintained by
19.7the individual's employer, shall not be required to maintain a contractor license as long
19.8as the employer has on file with the commissioner a current certificate of responsible
19.9person. The certificate must be signed by the responsible master plumber or, in an area of
19.10the state that is not a city or town with a population of more than 5,000 according to the
19.11last federal census, restricted master plumber, and must state that the person signing the
19.12certificate is responsible for ensuring that the maintenance and repair work performed by
19.13the employer's employees comply with sections 326B.41 to 326B.49, all rules adopted
19.14under those sections and sections 326B.50 to 326B.59, and all orders issued under section
19.15326B.082. The employer must pay a filing fee to file a certificate of responsible person
19.16with the commissioner. The certificate shall expire two years from the date of filing. In
19.17order to maintain a current certificate of responsible person, the employer must resubmit a
19.18certificate of responsible person, with a filing fee, no later than two years from the date of
19.19the previous submittal. The filing of the certificate of responsible person does not exempt
19.20any employee of the employer from the requirements of this chapter regarding individual
19.21licensing as a plumber or registration as a plumber's apprentice.
19.22(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
19.23separate contractor license to perform plumbing work on behalf of the employer within
19.24the scope of the licensed plumber's license.
19.25    Subd. 1b. Employment of master plumber or restricted master plumber. (a)
19.26Each contractor must designate a responsible licensed plumber, who shall be responsible
19.27for the performance of all plumbing work in accordance with sections 326B.41 to
19.28326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all
19.29orders issued under section 326B.082. A plumbing contractor's responsible licensed
19.30plumber must be a master plumber. A restricted plumbing contractor's responsible licensed
19.31plumber must be a master plumber or a restricted master plumber. A plumbing contractor
19.32license authorizes the contractor to offer to perform and, through licensed and registered
19.33individuals, to perform plumbing work in all areas of the state. A restricted plumbing
19.34contractor license authorizes the contractor to offer to perform and, through licensed and
19.35registered individuals, to perform plumbing work in all areas of the state except in cities
19.36and towns with a population of more than 5,000 according to the last federal census.
20.1(b) If the contractor is an individual or sole proprietorship, the responsible licensed
20.2plumber must be the individual, proprietor, or managing employee. If the contractor is
20.3a partnership, the responsible licensed plumber must be a general partner or managing
20.4employee. If the contractor is a limited liability company, the responsible licensed plumber
20.5must be a chief manager or managing employee. If the contractor is a corporation, the
20.6responsible licensed plumber must be an officer or managing employee. If the responsible
20.7licensed plumber is a managing employee, the responsible licensed plumber must be
20.8actively engaged in performing plumbing work on behalf of the contractor, and cannot be
20.9employed in any capacity as a plumber for any other contractor. An individual may be
20.10the responsible licensed plumber for only one contractor.
20.11(c) All applications and renewals for contractor licenses shall include a verified
20.12statement that the applicant or licensee has complied with this subdivision.
20.13    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
20.14As a condition of licensing, each contractor shall give and maintain bond to the state in the
20.15amount of at least $25,000 for (1) all plumbing work entered into within the state or (2)
20.16all plumbing work and subsurface sewage treatment work entered into within the state.
20.17If the bond is for both plumbing work and subsurface sewage treatment work, the bond
20.18must comply with the requirements of this section and section 115.56, subdivision 2,
20.19paragraph (e). The bond shall be for the benefit of persons injured or suffering financial
20.20loss by reason of failure to comply with the requirements of the State Plumbing Code and,
20.21if the bond is for both plumbing work and subsurface sewage treatment work, financial
20.22loss by reason of failure to comply with the requirements of sections 115.55 and 115.56.
20.23The bond shall be filed with the commissioner and shall be written by a corporate surety
20.24licensed to do business in the state.
20.25    In addition, each applicant for a master plumber license or restricted master plumber
20.26license, or renewal thereof, shall provide evidence of as a condition of licensing, each
20.27contractor shall have and maintain in effect public liability insurance, including products
20.28liability insurance with limits of at least $50,000 per person and $100,000 per occurrence
20.29and property damage insurance with limits of at least $10,000. The insurance shall be
20.30written by an insurer licensed to do business in the state of Minnesota and each licensed
20.31master plumber shall maintain on file with the commissioner a certificate evidencing the
20.32insurance providing that the insurance shall not be canceled without the insurer first giving
20.3315 days written notice to the commissioner. The term of the insurance shall be concurrent
20.34with the term of the license.
20.35    Subd. 3. Bond and insurance exemption. If a master plumber or restricted master
20.36plumber who is in compliance with the bond and insurance requirements of subdivision 2,
21.1employs a licensed plumber, the employee plumber shall not be required to meet the bond
21.2and insurance requirements of subdivision 2. An individual who is an employee working
21.3on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
21.4leased by the individual's employer and which is within the limits of property owned or
21.5leased, and operated or maintained by the individual's employer, shall not be required to
21.6meet the bond and insurance requirements of subdivision 2.
21.7    Subd. 4. Fee. (a) Each person giving bond to the state under subdivision 2 shall pay
21.8the department a bond registration fee of $40 for one year or $80 for two years.
21.9(b) The commissioner shall in a manner determined by the commissioner, without
21.10the need for any rulemaking under chapter 14, phase in the bond registration from one year
21.11to two years so that the expiration of bond registration corresponds with the expiration of
21.12the license issued under section 326B.475 or 326B.49, subdivision 1.
21.13    Subd. 5. Exterior connections. Persons licensed as manufactured home installers
21.14under chapter 327B are not required to be licensed under sections 326B.42 to 326B.49
21.15when connecting the exterior building drain sewer outlets to the aboveground building
21.16sewer system and when connecting the exterior water line to the aboveground water
21.17system to the manufactured home as described in National Manufactured Housing
21.18Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401
21.19et seq. No additional licensure, bond, or insurance related to the scope of work permitted
21.20under this subdivision may be required of a licensed manufactured home installer by
21.21any unit of government.

21.22    Sec. 26. Minnesota Statutes 2008, section 326B.47, is amended to read:
21.23326B.47 PLUMBER'S APPRENTICES.
21.24    Subdivision 1. Registration; supervision; records. (a) All plumber's apprentices
21.25must be registered. To be a registered plumber's apprentice, an individual must either:
21.26    (1) be an individual employed in the trade of plumbing under an apprenticeship
21.27agreement approved by the department under Minnesota Rules, part 5200.0300; or
21.28    (2) be an unlicensed individual registered with the commissioner under subdivision
21.293.
21.30(b) A plumber's apprentice is authorized to assist in the installation of plumbing
21.31only while under the direct supervision of a master, restricted master, journeyman, or
21.32restricted journeyman plumber. The master, restricted master, journeyman, or restricted
21.33journeyman plumber is responsible for ensuring that all plumbing work performed by the
21.34plumber's apprentice complies with the plumbing code. The supervising master, restricted
21.35master, journeyman, or restricted journeyman must be licensed and must be employed
22.1by the same employer as the plumber's apprentice. Licensed individuals shall not permit
22.2plumber's apprentices to perform plumbing work except under the direct supervision of
22.3an individual actually licensed to perform such work. Plumber's apprentices shall not
22.4supervise the performance of plumbing work or make assignments of plumbing work
22.5to unlicensed individuals.
22.6(c) Contractors employing plumber's apprentices to perform plumbing work shall
22.7maintain records establishing compliance with this subdivision that shall identify all
22.8plumber's apprentices performing plumbing work, and shall permit the department to
22.9examine and copy all such records.
22.10    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four
22.11years of practical plumbing experience is eligible to take the journeyman plumbing
22.12examination. Up to 24 months of practical plumbing experience prior to becoming a
22.13plumber's apprentice may be applied to the four-year experience requirement. However,
22.14none of this practical plumbing experience may be applied if the individual did not have
22.15any practical plumbing experience in the 12-month period immediately prior to becoming
22.16a plumber's apprentice. The Plumbing Board may adopt rules to evaluate whether
22.17the individual's past practical plumbing experience is applicable in preparing for the
22.18journeyman's examination. If two years after completing the training the individual has
22.19not taken the examination, the four years of experience shall be forfeited.
22.20    The commissioner may allow an extension of the two-year period for taking the
22.21exam for cases of hardship or other appropriate circumstances.
22.22    Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed
22.23individual may register by completing and submitting to the commissioner a registration
22.24an application form provided by the commissioner, with all fees required by section
22.25326B.092. A completed registration application form must state the date the individual
22.26began training, the individual's age, schooling, previous experience, and employer,
22.27and other information required by the commissioner. The board may prescribe rules,
22.28not inconsistent with this section, for the registration of unlicensed individuals. Each
22.29applicant for initial registration as a plumber's apprentice shall pay the department an
22.30application fee of $25. Applications for initial registration may be submitted at any time.
22.31Registration must be renewed annually and shall be for the period from July 1 of each year
22.32to June 30 of the following year. Applications for renewal registration must be received
22.33by the commissioner by June 30 of each registration period on forms provided by the
22.34commissioner, and must be accompanied by a fee of $25. An application for renewal
22.35registration received on or after July 1 in any year but no more than three months after
22.36expiration of the previously issued registration must pay the past due renewal fee plus a
23.1late fee of $25. No applications for renewal registration will be accepted more than three
23.2months after expiration of the previously issued registration.

23.3    Sec. 27. Minnesota Statutes 2008, section 326B.475, subdivision 2, is amended to read:
23.4    Subd. 2. Use of license. A restricted master plumber and restricted journeyman
23.5plumber may engage in the plumbing trade in all areas of the state except in cities and
23.6towns with a population of more than 5,000 according to the last federal census.

23.7    Sec. 28. Minnesota Statutes 2009 Supplement, section 326B.475, subdivision 4,
23.8is amended to read:
23.9    Subd. 4. Renewal; use period for license. (a) A restricted master plumber and
23.10restricted journeyman plumber license must be renewed for as long as that licensee
23.11engages in the plumbing trade. Notwithstanding section 326B.094, failure to renew a
23.12restricted master plumber and restricted journeyman plumber license within 12 months
23.13after the expiration date will result in permanent forfeiture of the restricted master plumber
23.14and restricted journeyman plumber license.
23.15(b) The commissioner shall in a manner determined by the commissioner, without
23.16the need for any rulemaking under chapter 14, phase in the renewal of restricted master
23.17plumber and restricted journeyman plumber licenses from one year to two years. By
23.18June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses
23.19shall be two-year licenses.

23.20    Sec. 29. Minnesota Statutes 2009 Supplement, section 326B.49, subdivision 1, is
23.21amended to read:
23.22    Subdivision 1. Application, examination, and license fees. (a) Applications for
23.23master and journeyman plumber's license licenses shall be made to the commissioner, with
23.24fee all fees required by section 326B.092. Unless the applicant is entitled to a renewal,
23.25the applicant shall be licensed by the commissioner only after passing a satisfactory
23.26examination developed and administered by the commissioner, based upon rules adopted
23.27by the Plumbing Board, showing fitness. Examination fees for both journeyman and
23.28master plumbers shall be $50 for each examination. Upon being notified of having
23.29successfully passed the examination for original license the applicant shall submit an
23.30application, with the license fee herein provided. The license fee for each initial master
23.31plumber's license shall be $240. The license fee for each initial journeyman plumber's
23.32license shall be $110.
24.1(b) All initial master and journeyman plumber's licenses shall be effective for more
24.2than one calendar year and shall expire on December 31 of the year after the year in which
24.3the application is made. The license fee for each renewal master plumber's license shall be
24.4$120 for one year or $240 for two years. The license fee for each renewal journeyman
24.5plumber's license shall be $55 for one year or $110 for two years. All master plumber's
24.6licenses shall expire on December 31 of each even-numbered year after issuance or
24.7renewal. The commissioner shall in a manner determined by the commissioner, without
24.8the need for any rulemaking under chapter 14, phase in the renewal of master and
24.9journeyman plumber's licenses from one year to two years. By June 30, 2011, all renewed
24.10master and journeyman plumber's licenses shall be two-year licenses.
24.11(c) Any licensee who does not renew a license within two years after the license
24.12expires is no longer eligible for renewal. Such an individual must retake and pass the
24.13examination before a new license will be issued. A journeyman or master plumber who
24.14submits a license renewal application after the time specified in rule but within two
24.15years after the license expired must pay all past due renewal fees plus a late fee of $25.
24.16Applications for contractor licenses shall be made to the commissioner, with all fees
24.17required by section 326B.092. All contractor licenses shall expire on December 31 of each
24.18odd-numbered year after issuance or renewal.
24.19(d) For purposes of calculating license fees and renewal license fees required under
24.20section 326B.092:
24.21(1) the following licenses shall be considered business licenses: plumbing contractor
24.22and restricted plumbing contractor;
24.23(2) the following licenses shall be considered master licenses: master plumber and
24.24restricted master plumber;
24.25(3) the following licenses shall be considered journeyman licenses: journeyman
24.26plumber and restricted journeyman plumber; and
24.27(4) the registration of a plumber's apprentice under section 326B.47, subdivision 3,
24.28shall be considered an entry level license.
24.29(e) For each filing of a certificate of responsible person by an employer, the fee is
24.30$100.

24.31    Sec. 30. Minnesota Statutes 2008, section 326B.50, is amended by adding a
24.32subdivision to read:
24.33    Subd. 1a. Responsible licensed master. "Responsible licensed master" means the
24.34licensed water conditioning master or licensed master plumber designated in writing by
24.35the water conditioning contractor in the water conditioning contractor's license application,
25.1or in another manner acceptable to the commissioner, as the individual responsible for
25.2the water conditioning contractor's compliance with sections 326B.50 to 326B.59, all
25.3rules adopted under these sections, the Minnesota Plumbing Code, and all orders issued
25.4under section 326B.082.

25.5    Sec. 31. Minnesota Statutes 2008, section 326B.50, is amended by adding a
25.6subdivision to read:
25.7    Subd. 2a. Water conditioning contractor. "Water conditioning contractor"
25.8means a person who performs or offers to perform any water conditioning installation or
25.9water conditioning servicing, with or without compensation, who is licensed as a water
25.10conditioning contractor by the commissioner.

25.11    Sec. 32. Minnesota Statutes 2008, section 326B.50, is amended by adding a
25.12subdivision to read:
25.13    Subd. 3a. Water conditioning journeyman. "Water conditioning journeyman"
25.14means an individual, other than a water conditioning master, who has demonstrated
25.15practical knowledge of water conditioning installation and servicing, and who is licensed
25.16by the commissioner as a water conditioning journeyman.

25.17    Sec. 33. Minnesota Statutes 2008, section 326B.50, is amended by adding a
25.18subdivision to read:
25.19    Subd. 3b. Water conditioning master. "Water conditioning master" means
25.20an individual who has demonstrated skill in planning, superintending, installing, and
25.21servicing water conditioning installations, and who is licensed by the commissioner as a
25.22water conditioning master.

25.23    Sec. 34. Minnesota Statutes 2008, section 326B.54, is amended to read:
25.24326B.54 VIOLATIONS TO BE REPORTED TO COMMISSIONER.
25.25    Such local authority as may be designated by any such ordinance for the issuance
25.26of such water conditioning installation and servicing permits and approval of such plans
25.27shall report to the commissioner persistent or willful violations of the same and any
25.28incompetence of a licensed water conditioning contractor, licensed water conditioning
25.29master, or licensed water conditioning installer journeyman observed by the local authority.

26.1    Sec. 35. Minnesota Statutes 2008, section 326B.55, as amended by 2010 H.F. No. 927,
26.2section 13, if enacted, is amended to read:
26.3326B.55 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
26.4    Subdivision 1. Licensing. (a) Except as provided in paragraph (d), no individual
26.5shall perform water conditioning installation or water conditioning servicing unless
26.6licensed by the commissioner as a master plumber, journeyman plumber, water
26.7conditioning master, or water conditioning journeyman, or, in all areas of the state except
26.8in cities and towns with a population of more than 5,000 according to the last federal
26.9census, as a restricted master plumber or restricted journeyman plumber.
26.10(b) Except as provided in paragraph (e), no person shall perform or offer to
26.11perform water conditioning installation or water conditioning servicing with or without
26.12compensation unless the person obtains a water conditioning contractor's license. A water
26.13conditioning contractor's license does not of itself qualify its holder to perform the water
26.14conditioning installation or water conditioning servicing authorized by holding a water
26.15conditioning master or water conditioning journeyman license.
26.16(c) Except as provided in paragraph (d), no person shall engage in or work at the
26.17business of water conditioning installation or servicing anywhere in the state unless (1)
26.18at all times an individual licensed as a master plumber or water conditioning contractor
26.19master by the commissioner shall be, who is responsible for the proper installation and
26.20servicing, is in charge of the water conditioning installation and servicing work of such
26.21person, and (2) all installations, other than.
26.22If a water conditioning contractor employs a licensed master, restricted master,
26.23journeyman or restricted journeyman plumber, or a licensed water conditioning master
26.24or journeyman, then the licensed individual does not need a separate water conditioning
26.25contractor license to perform water conditioning installation or servicing on behalf of the
26.26employer within the scope of the individual's plumber license.
26.27(d) No water conditioning contractor, water conditioning master, or water
26.28conditioning journeyman license is required:
26.29(1) for exchanges of portable water conditioning equipment, are performed by a
26.30licensed water conditioning contractor or licensed water conditioning installer. Any
26.31individual not so licensed may; or
26.32(2) for an individual to perform water conditioning work that complies with the
26.33minimum standards prescribed by the Plumbing Board on premises or that part of
26.34premises owned and occupied by the worker individual as a residence, unless otherwise
26.35prohibited by a local ordinance.
27.1    Subd. 2. Qualifications for licensing. (a) A water conditioning contractor master
27.2license shall be issued only to an individual who has demonstrated skill in planning,
27.3superintending, and servicing water conditioning installations, and has successfully passed
27.4the examination for water conditioning contractors masters. A water conditioning installer
27.5journeyman license shall only be issued to an individual other than a water conditioning
27.6contractor master who has demonstrated practical knowledge of water conditioning
27.7installation, and has successfully passed the examination for water conditioning installers
27.8journeymen. A water conditioning installer journeyman must successfully pass the
27.9examination for water conditioning contractors masters before being licensed as a water
27.10conditioning contractor master.
27.11(b) Each water conditioning contractor must designate a responsible licensed master
27.12plumber or a responsible licensed water conditioning master, who shall be responsible
27.13for the performance of all water conditioning installation and servicing in accordance
27.14with the requirements of sections 326B.50 to 326B.59, all rules adopted under these
27.15sections, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If
27.16the water conditioning contractor is an individual or sole proprietorship, the responsible
27.17licensed master must be the individual, proprietor, or managing employee. If the water
27.18conditioning contractor is a partnership, the responsible licensed master must be a general
27.19partner or managing employee. If the water conditioning contractor is a limited liability
27.20company, the responsible licensed master must be a chief manager or managing employee.
27.21If the water conditioning contractor is a corporation, the responsible licensed master must
27.22be an officer or managing employee. If the responsible licensed master is a managing
27.23employee, the responsible licensed master must be actively engaged in performing water
27.24conditioning work on behalf of the water conditioning contractor, and cannot be employed
27.25in any capacity as a water conditioning master or water conditioning journeyman for any
27.26other water conditioning contractor. An individual must not be the responsible licensed
27.27master for more than one water conditioning contractor.
27.28(c) All applications and renewals for water conditioning contractor licenses shall
27.29include a verified statement that the applicant or licensee has complied with paragraph (b).
27.30(d) Each application and renewal for a water conditioning master license, water
27.31conditioning journeyman license, or a water conditioning contractor license shall be
27.32accompanied by all fees required by section 326B.092.
27.33    Subd. 3. Commissioner. The commissioner shall:
27.34    (1) license water conditioning contractors, water conditioning masters, and installers
27.35water conditioning journeymen; and
28.1    (2) collect an examination fee from each examinee for a license as a water
28.2conditioning contractor and an examination fee from each examinee for a license as a
28.3water conditioning installer in an amount set forth in section 326B.58 the fees required by
28.4section 326B.092.
28.5    Subd. 4. Plumber's apprentices. (a) A plumber's apprentice who is registered
28.6under section 326B.47 is authorized to assist in water conditioning installation and water
28.7conditioning servicing only while under the direct supervision of a master plumber,
28.8journeyman plumber, water conditioning master, or water conditioning journeyman.
28.9The master or journeyman is responsible for ensuring that all water conditioning work
28.10performed by the plumber's apprentice complies with the plumbing code and rules
28.11adopted under sections 326B.50 to 326B.59. The supervising master or journeyman must
28.12be licensed and must be employed by the same employer as the plumber's apprentice.
28.13Licensed individuals shall not permit plumber's apprentices to perform water conditioning
28.14work except under the direct supervision of an individual actually licensed to perform
28.15such work. Plumber's apprentices shall not supervise the performance of plumbing work
28.16or make assignments of plumbing work to unlicensed individuals.
28.17(b) Water conditioning contractors employing plumber's apprentices to perform
28.18water conditioning work shall maintain records establishing compliance with this
28.19subdivision that shall identify all plumber's apprentices performing water conditioning
28.20work, and shall permit the department to examine and copy all such records.

28.21    Sec. 36. Minnesota Statutes 2008, section 326B.56, as amended by Laws 2009, chapter
28.2278, article 5, section 18, is amended to read:
28.23326B.56 ALTERNATIVE STATE BONDING AND INSURANCE
28.24REGULATION.
28.25    Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or
28.26installer license or renewal thereof who is required by any political subdivision to give a
28.27bond to obtain or maintain the license, may comply with any political subdivision bonding
28.28requirement by giving As a condition of licensing, each water conditioning contractor
28.29shall give and maintain a bond to the state as described in paragraph (b). No applicant for a
28.30water conditioning contractor or installer license who maintains the bond under paragraph
28.31(b) shall be otherwise required to meet the bond requirements of any political subdivision.
28.32    (b) Each bond given to the state under this subdivision shall be in the total sum of
28.33$3,000 conditioned upon the faithful and lawful performance of all water conditioning
28.34contracting or installing work installation or servicing done within the state. The bond
28.35shall be for the benefit of persons suffering injuries or damages due to the work. The bond
29.1shall be filed with the commissioner and shall be written by a corporate surety licensed to
29.2do business in this state. The bond must remain in effect at all times while the application
29.3is pending and while the license is in effect.
29.4    Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or
29.5installer license or renewal thereof who is required by any political subdivision to maintain
29.6insurance to obtain or maintain the license may comply with any political subdivision's
29.7insurance requirement by maintaining As a condition of licensing, each water conditioning
29.8contractor shall have and maintain in effect the insurance described in paragraph (b).
29.9No applicant for a water conditioning contractor or installer license who maintains the
29.10insurance described in paragraph (b) shall be otherwise required to meet the insurance
29.11requirements of any political subdivision.
29.12    (b) The insurance shall provide coverage, including products liability coverage,
29.13for all damages in connection with licensed work for which the licensee is liable, with
29.14personal damage limits of at least $50,000 per person and $100,000 per occurrence and
29.15property damage insurance with limits of at least $10,000. The insurance shall be written
29.16by an insurer licensed to do business in this state and a certificate evidencing the insurance
29.17shall be filed with the commissioner. The insurance must remain in effect at all times
29.18while the application is pending and while the license is in effect. The insurance shall not
29.19be canceled without the insurer first giving 15 days' written notice to the commissioner.
29.20    Subd. 3. Bond and insurance exemption. A water conditioning contractor or
29.21installer who is an employee of a water conditioning contractor or installer, including
29.22an employee engaged in the maintenance and repair of water conditioning equipment,
29.23apparatus, or facilities owned, leased and operated, or maintained by the employer, is
29.24not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
29.25any political subdivision.
29.26    Subd. 4. Fee. (a) The commissioner shall collect a $40 bond registration fee for
29.27one year or $80 for two years from each applicant for issuance or renewal of a water
29.28conditioning contractor or installer license who elects to proceed under subdivisions
29.291 and 2.
29.30(b) The commissioner shall in a manner determined by the commissioner, without
29.31the need for any rulemaking under chapter 14, phase in the bond registration from one year
29.32to two years so that the expiration of bond registration corresponds with the expiration of
29.33the license issued under section 326B.55.

29.34    Sec. 37. Minnesota Statutes 2009 Supplement, section 326B.58, is amended to read:
29.35326B.58 FEES; RENEWAL.
30.1    (a) Examination fees for both water conditioning contractors and water conditioning
30.2installers shall be $50 for each examination. Each initial water conditioning contractor
30.3and installer master and water conditioning journeyman license shall be effective for more
30.4than one calendar year and shall expire on December 31 of the year after the year in which
30.5the application is made. The license fee for each initial water conditioning contractor's
30.6license shall be $140, except that the license fee shall be $105 if the application is
30.7submitted during the last three months of the calendar year. The license fee for each
30.8renewal water conditioning contractor's license shall be $70 for one year or $140 for two
30.9years. The license fee for each initial water conditioning installer license shall be $70,
30.10except that the license fee shall be $52.50 if the application is submitted during the last
30.11three months of the calendar year. The license fee for each renewal water conditioning
30.12installer license shall be $35 for one year or $70 for two years.
30.13(b) The commissioner shall in a manner determined by the commissioner, without
30.14the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
30.15contractor and installer master and journeyman licenses from one year to two years. By
30.16June 30, 2011, all renewed water conditioning contractor and installer licenses shall be
30.17two-year licenses. The commissioner Plumbing Board may by rule prescribe for the
30.18expiration and renewal of licenses.
30.19(c) Any licensee who does not renew a license within two years after the license
30.20expires is no longer eligible for renewal. Such an individual must retake and pass the
30.21examination before a new license will be issued. A water conditioning contractor or water
30.22conditioning installer who submits a license renewal application after the time specified
30.23in rule but within two years after the license expired must pay all past due renewal fees
30.24plus a late fee of $25 All water conditioning contractor licenses shall expire on December
30.2531 of the year after issuance or renewal.
30.26(d) For purposes of calculating license fees and renewal fees required under section
30.27326B.092:
30.28(1) a water conditioning journeyman license shall be considered a journeyman
30.29license;
30.30(2) a water conditioning master license shall be considered a master license; and
30.31(3) a water conditioning contractor license shall be considered a business license.

30.32    Sec. 38. Minnesota Statutes 2008, section 326B.805, subdivision 6, is amended to read:
30.33    Subd. 6. Exemptions. The license requirement does not apply to:
30.34    (1) an employee of a licensee performing work for the licensee;
31.1    (2) a material person, manufacturer, or retailer furnishing finished products,
31.2materials, or articles of merchandise who does not install or attach the items;
31.3    (3) an owner of residential real estate who builds or improves any structure on
31.4residential real estate, if the building or improving is performed by the owner's bona fide
31.5employees or by individual owners personally. This exemption does not apply to an
31.6owner who constructs or improves property for purposes of speculation if the building
31.7or improving is performed by the owner's bona fide employees or by individual owners
31.8personally. A residential building contractor or residential remodeler will be presumed
31.9to be building or improving for purposes of speculation if the contractor or remodeler
31.10constructs or improves more than one property within any 24-month period;
31.11    (4) an architect or professional engineer engaging in professional practice as defined
31.12by section 326.02, subdivisions 2 and 3;
31.13    (5) a person whose total gross annual receipts for performing specialty skills for
31.14which licensure would be required under this section do not exceed $15,000;
31.15    (6) a mechanical contractor;
31.16    (7) a plumber, electrician, or other person whose profession is otherwise subject to
31.17statewide licensing, when engaged in the activity which is the subject of that licensure;
31.18    (8) specialty contractors who provide only one special skill as defined in section
31.19326B.802 ;
31.20    (9) a school district, or a technical college governed under chapter 136F; and
31.21    (10) Habitat for Humanity and Builders Outreach Foundation, and their individual
31.22volunteers when engaged in activities on their behalf.
31.23To qualify for the exemption in clause (5), a person must obtain a certificate of exemption
31.24from licensure from the commissioner. A certificate of exemption will be issued upon
31.25the applicant's filing with the commissioner, an affidavit stating that the applicant does
31.26not expect to exceed $15,000 in gross annual receipts derived from performing services
31.27which require licensure under this section during the calendar year in which the affidavit
31.28is received. For the purposes of calculating fees under section 326B.092, a certificate of
31.29exemption is an entry level license. To renew the exemption in clause (5), the applicant
31.30must file an affidavit stating that the applicant did not exceed $15,000 in gross annual
31.31receipts during the past calendar year. If a person, operating under the exemption in
31.32clause (5), exceeds $15,000 in gross receipts during any calendar year, the person
31.33must immediately surrender the exemption certificate of exemption and apply for the
31.34appropriate license. The person must remain licensed until such time as the person's gross
31.35annual receipts during a calendar year fall below $15,000. The person may then apply for
31.36an exemption for the next calendar year.

32.1    Sec. 39. Minnesota Statutes 2009 Supplement, section 326B.815, subdivision 1,
32.2is amended to read:
32.3    Subdivision 1. Licensing fee Fees. (a) The licensing fee for persons licensed
32.4pursuant to sections 326B.802 to 326B.885, except for manufactured home installers,
32.5is $200 for a two-year period. The For the purposes of calculating fees under section
32.6326B.092, an initial or renewed residential contractor, residential remodeler, or residential
32.7roofer license is a business license. Notwithstanding section 326B.092, the licensing fee
32.8for manufactured home installers under section 327B.041 is $300 for a three-year period.
32.9(b) All initial and renewal licenses, except for manufactured home installer licenses,
32.10shall be effective for two years and shall expire on March 31 of the year after the year in
32.11which the application is made. The license fee for each renewal of a residential contractor,
32.12residential remodeler, or residential roofer license shall be $100 for one year and $200
32.13for two years.
32.14(c) The commissioner shall in a manner determined by the commissioner, without
32.15the need for any rulemaking under chapter 14, phase in the renewal of residential
32.16contractor, residential remodeler, and residential roofer licenses from one year to two
32.17years. By June 30, 2011, all renewed residential contractor, residential remodeler, and
32.18residential roofer licenses shall be two-year licenses.

32.19    Sec. 40. Minnesota Statutes 2008, section 326B.83, subdivision 1, is amended to read:
32.20    Subdivision 1. Form. (a) An applicant for a license under sections 326B.802 to
32.21326B.885 must submit an application, under oath and accompanied by the license fee fees
32.22required by section 326B.815 326B.092, on a form prescribed by the commissioner.
32.23Within 30 business days of receiving all required information, the commissioner must
32.24act on the license request.
32.25(b) If one of the categories in the application does not apply, the applicant must
32.26identify the category and state the reason the category does not apply. The commissioner
32.27may refuse to issue a license if the application is not complete or contains unsatisfactory
32.28information.

32.29    Sec. 41. Minnesota Statutes 2008, section 326B.83, subdivision 3, is amended to read:
32.30    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete pass
32.31a written examination for the type of license requested. The commissioner may establish
32.32the examination qualifications, including related education experience and education, the
32.33examination procedure, and the examination for each licensing group. The examination
32.34must include at a minimum the following areas:
33.1    (1) appropriate knowledge of technical terms commonly used and the knowledge of
33.2reference materials and code books to be used for technical information; and
33.3    (2) understanding of the general principles of business management and other
33.4pertinent state laws.
33.5    (b) Each examination must be designed for the specified type of license requested.
33.6    (c) An individual's passing examination results expire two years from the
33.7examination date. An individual who passes the examination but does not choose to apply
33.8to act as a qualifying person for a licensee within two years from the examination date,
33.9must, upon application provide:
33.10    (1) passing examination results within two years from the date of application; or
33.11    (2) proof that the person has fulfilled the continuing education requirements in
33.12section 326B.821 in the manner required for a qualifying person of a licensee for each
33.13license period after the expiration of the examination results.

33.14    Sec. 42. Minnesota Statutes 2008, section 326B.83, subdivision 6, is amended to read:
33.15    Subd. 6. License. A nonresident of Minnesota may be licensed as a residential
33.16building contractor, residential remodeler, residential roofer, or manufactured home
33.17installer upon compliance with all the provisions of sections 326B.092 to 326B.098 and
33.18326B.802 to 326B.885.

33.19    Sec. 43. Minnesota Statutes 2009 Supplement, section 326B.86, subdivision 1, is
33.20amended to read:
33.21    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed
33.22residential roofers must post a biennial surety bond in the name of the licensee with the
33.23commissioner, conditioned that the applicant shall faithfully perform the duties and in
33.24all things comply with all laws, ordinances, and rules pertaining to the license or permit
33.25applied for and all contracts entered into. The biennial bond must be continuous and
33.26maintained for so long as the licensee remains licensed. The aggregate liability of the
33.27surety on the bond to any and all persons, regardless of the number of claims made
33.28against the bond, may not exceed the amount of the bond. The bond may be canceled as
33.29to future liability by the surety upon 30 days' written notice mailed to the commissioner
33.30by regular mail.
33.31    (b) A licensed residential roofer must post a bond of at least $15,000.
33.32    (c) A licensed manufactured home installer must post a bond of at least $2,500.
33.33    Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts
33.34for purposes of sections 8.05 and 16C.05, subdivision 2.

34.1    Sec. 44. Minnesota Statutes 2008, section 326B.865, is amended to read:
34.2326B.865 SIGN CONTRACTOR; BOND.
34.3    (a) A sign contractor may post a compliance bond with the commissioner,
34.4conditioned that the sign contractor shall faithfully perform duties and comply with
34.5laws, ordinances, rules, and contracts entered into for the installation of signs. The bond
34.6must be renewed annually biennially and maintained for so long as determined by the
34.7commissioner. The aggregate liability of the surety on the bond to any and all persons,
34.8regardless of the number of claims made against the bond, may not exceed the annual
34.9amount of the bond. The bond may be canceled as to future liability by the surety upon 30
34.10days' written notice mailed to the commissioner by United States mail.
34.11    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
34.12local unit of government that requires sign contractors to post a compliance bond. The
34.13bond is in lieu of any compliance bond required by a local unit of government.
34.14    (c) For purposes of this section, "sign" means a device, structure, fixture, or
34.15placard using graphics, symbols, or written copy that is erected on the premises of an
34.16establishment including the name of the establishment or identifying the merchandise,
34.17services, activities, or entertainment available on the premises.

34.18    Sec. 45. Minnesota Statutes 2008, section 326B.921, subdivision 2, is amended to read:
34.19    Subd. 2. High pressure pipefitting business license. Before obtaining a permit
34.20for high pressure piping work, a person must obtain or utilize a business with a high
34.21pressure piping business license.
34.22    A person must have at all times as a full-time employee at least one individual
34.23holding a contracting high pressure pipefitter competency license. Only full-time
34.24employees who hold contracting high pressure pipefitter licenses are authorized to obtain
34.25high pressure piping permits in the name of the business. The contracting high pressure
34.26pipefitter competency license holder can be the employee of only one high pressure piping
34.27business at a time. An application for a high pressure piping business license shall include
34.28a verified statement that the applicant or licensee has complied with this subdivision.
34.29    To retain its business license without reapplication, a person holding a high pressure
34.30piping business license that ceases to employ an individual holding a contracting high
34.31pressure pipefitter competency license shall have 60 days from the last day of employment
34.32of its previous contracting pipefitter competency license holder to employ another license
34.33holder. The department must be notified no later than five days after the last day of
34.34employment of the previous license holder.
35.1    No high pressure pipefitting work may be performed during any period when the
35.2high pressure pipefitting business does not have a contracting high pressure pipefitter
35.3competency license holder on staff. If a license holder is not employed within 60 days
35.4after the last day of employment of the previous license holder, the pipefitting business
35.5license shall lapse.
35.6    The board shall prescribe by rule procedures for application for and issuance of
35.7business licenses.

35.8    Sec. 46. Minnesota Statutes 2008, section 326B.921, subdivision 4, is amended to read:
35.9    Subd. 4. Registration with commissioner. An unlicensed individual may
35.10register to assist in the practical construction and installation of high pressure piping
35.11and appurtenances while in the employ of a licensed high pressure piping business by
35.12completing and submitting to the commissioner a registration form provided by the
35.13commissioner, with all fees required by section 326B.092. The board may prescribe rules,
35.14not inconsistent with this section, for the registration of unlicensed individuals.
35.15    An unlicensed individual applying for initial registration shall pay the department an
35.16application fee of $50. Applications for initial registration may be submitted at any time.
35.17Registration must be renewed annually and shall be valid for one calendar year beginning
35.18January 1. Applications for renewal registration must be submitted to the commissioner
35.19before December 31 of each registration period on forms provided by the commissioner,
35.20and must be accompanied by a fee of $50. There shall be no refund of fees paid.

35.21    Sec. 47. Minnesota Statutes 2008, section 326B.921, subdivision 7, is amended to read:
35.22    Subd. 7. License fee, registration, and renewal fees. The department shall charge
35.23the following license fees:
35.24    (a) application for journeyman high pressure pipefitter competency license, $120;
35.25    (b) renewal of journeyman high pressure pipefitter competency license, $80;
35.26    (c) application for contracting high pressure pipefitter competency license, $270;
35.27    (d) renewal of contracting high pressure pipefitter competency license, $240;
35.28    (e) application for high pressure piping business license, $450;
35.29    (f) application to inactivate a contracting high pressure pipefitter competency license
35.30or inactivate a journeyman high pressure pipefitter competency license, $40; and
35.31    (g) renewal of an inactive contracting high pressure pipefitter competency license or
35.32inactive journeyman high pressure pipefitter competency license, $40.
35.33    If an application for renewal of an active or inactive journeyman high pressure
35.34pipefitter competency license or active or inactive contracting high pressure pipefitter
36.1competency license is received by the department after the date of expiration of the
36.2license, a $30 late renewal fee shall be added to the license renewal fee.
36.3    Payment must accompany the application for a license or renewal of a license. There
36.4shall be no refund of fees paid.
36.5For purposes of calculating license, registration, and renewal fees required under
36.6section 326B.092:
36.7(1) the registration of an unlicensed individual under subdivision 4 is an entry
36.8level license;
36.9(2) a journeyman high pressure pipefitter license is a journeyman license;
36.10(3) a contracting high pressure pipefitter license is a master license; and
36.11(4) a high pressure piping business license is a business license.

36.12    Sec. 48. Minnesota Statutes 2008, section 326B.922, is amended to read:
36.13326B.922 LICENSE APPLICATION AND RENEWAL.
36.14    (a) Application for a contracting high pressure pipefitter competency or, a
36.15journeyman high pressure pipefitter competency, or a high pressure piping business
36.16license shall be made to the department, with all fees required by section 326B.092.
36.17(b) The applicant for a contracting high pressure pipefitter or a journeyman high
36.18pressure pipefitter license shall be licensed only after passing an examination developed
36.19and administered by the department in accordance with rules adopted by the board. A
36.20competency license issued by the department shall expire on December 31 of each year. A
36.21renewal application must be received by the department within one year after expiration of
36.22the competency license. A license that has been expired for more than one year cannot
36.23be renewed, and can only be reissued if the applicant submits a new application for the
36.24competency license, pays a new application fee, and retakes and passes the applicable
36.25license examination.
36.26(c) All initial contracting high pressure pipefitter licenses, journeyman high pressure
36.27pipefitter licenses, and high pressure piping business licenses are effective for more than
36.28one calendar year and expire on December 31 of the year after the year in which the
36.29application is made. The commissioner shall in a manner determined by the commissioner,
36.30without the need for any rulemaking under chapter 14, phase in the renewal of contracting
36.31high pressure pipefitter, journeyman high pressure pipefitter, and high pressure piping
36.32business licenses from one year to two years. By June 30, 2012, all such licenses shall be
36.33two-year licenses.

37.1    Sec. 49. Minnesota Statutes 2009 Supplement, section 326B.94, subdivision 4, is
37.2amended to read:
37.3    Subd. 4. Examinations, licensing. Every individual that operates a boat must hold
37.4a current master's license issued by the commissioner, unless the individual holds a valid,
37.5unlimited, current United States Coast Guard master's license. The commissioner shall
37.6develop and administer an examination for all masters of boats carrying passengers for
37.7hire on the inland waters of the state as to their qualifications and fitness. If found qualified
37.8and competent to perform their duties as a master of a boat carrying passengers for hire,
37.9they shall be issued a license authorizing them to act as such on the inland waters of
37.10the state. All initial master's licenses shall be for two years. The commissioner shall in
37.11a manner determined by the commissioner, without the need for any rulemaking under
37.12chapter 14, phase in the renewal of master's licenses from one year to two years. By June
37.1330, 2011, all renewed master's licenses shall be two-year licenses. Fees for the original
37.14issue and renewal of the license authorized under this section shall be pursuant to section
37.15326B.986, subdivision 2 326B.092.

37.16    Sec. 50. Minnesota Statutes 2008, section 326B.978, subdivision 2, is amended to read:
37.17    Subd. 2. Applications. Any individual who desires an engineer's license shall
37.18submit an application on a written or electronic form prescribed by the commissioner, at
37.19least 15 days before the requested exam date. If the commissioner approves the applicant
37.20for examination, the applicant may take the examination on one occasion within one
37.21year from the date the commissioner receives the application with all fees required by
37.22section 326B.092.

37.23    Sec. 51. Minnesota Statutes 2008, section 326B.978, is amended by adding a
37.24subdivision to read:
37.25    Subd. 19. Applicability. This section shall not apply to traction or hobby boiler
37.26engineer's licenses or provisional licenses.

37.27    Sec. 52. Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 5,
37.28is amended to read:
37.29    Subd. 5. Boiler engineer license fees. (a) For the following licenses, the
37.30nonrefundable license and application fee is:
37.31(1) chief engineer's license, $70;
37.32(2) first class engineer's license, $70;
37.33(3) second class engineer's license, $70;
38.1(4) special engineer's license, $40;
38.2(5) traction or hobby boiler engineer's license, $50; and
38.3(6) provisional license, $50.
38.4    (b) An engineer's license, except a provisional license, may be renewed upon
38.5application and payment of a renewal fee of $20 for one year or $40 for two years. If
38.6the renewal fee is paid later than 30 days after expiration, then a late fee of $15 will be
38.7added to the renewal fee.
38.8(a) For purposes of calculating license fees and renewal license fees required under
38.9section 326B.092:
38.10(1) the boiler special engineer license is an entry level license;
38.11(2) the following licenses are journeyman licenses: first class engineer, Grade A;
38.12first class engineer, Grade B; first class engineer, Grade C; second class engineer, Grade
38.13A; second class engineer, Grade B; second class engineer, Grade C; and provisional
38.14license; and
38.15(3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler
38.16chief engineer, Grade B; boiler chief engineer, Grade C; boiler commissioner inspector; or
38.17traction or hobby boiler engineer.
38.18(b) Notwithstanding section 326B.092, subdivision 7, paragraph (a), the license
38.19duration for steam traction and hobby engineer licenses are one year only for the purpose
38.20of calculating license fees under section 326B.092, subdivision 7, paragraph (b).

38.21    Sec. 53. Minnesota Statutes 2008, section 327B.04, subdivision 2, is amended to read:
38.22    Subd. 2. Subagency licenses. Any dealer who has a place of business at more than
38.23one location shall designate one location as its principal place of business, one name as its
38.24principal name, and all other established places of business as subagencies. A subagency
38.25license shall be required for each subagency. Subagency license renewal must coincide
38.26with the principal license date. No dealer shall do business as a dealer under any other
38.27name than the name on its license.

38.28    Sec. 54. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7, is
38.29amended to read:
38.30    Subd. 7. Licenses; when granted renewal. In addition to the requirements of this
38.31section, each application for a license or license renewal must be accompanied by a fee in
38.32an amount established by subdivision 7a all applicable fees required by section 326B.092.
38.33The fees shall be set in an amount which over the fiscal biennium will produce revenues
38.34approximately equal to the expenses which the commissioner expects to incur during that
39.1fiscal biennium while administering and enforcing sections 327B.01 to 327B.12. The
39.2commissioner shall grant or deny a license application or a renewal application within 60
39.3days of its filing. If the license is granted, the commissioner shall license the applicant as a
39.4dealer or manufacturer for the remainder of the licensure period. Upon application by the
39.5licensee, the commissioner shall renew the license for a two-year period, if:
39.6    (1) the renewal application satisfies the requirements of subdivisions 3 and 4;
39.7    (2) the renewal applicant has made all listings, registrations, notices and reports
39.8required by the commissioner during the preceding licensure period; and
39.9    (3) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
39.10327B.12 and all taxes, arrearages, and penalties owed to the state.

39.11    Sec. 55. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7a,
39.12is amended to read:
39.13    Subd. 7a. Fees. (a) Fees for licenses issued pursuant to this section are as follows:
39.14shall be calculated pursuant to section 326B.092.
39.15(1) initial dealer license for principal location, $400. Fee is not refundable;
39.16(2) initial dealer license for subagency location, $80;
39.17(3) dealer license biennial renewal, principal location, $400; dealer subagency
39.18location biennial renewal, $160. Subagency license renewal must coincide with the
39.19principal license date;
39.20(4) initial limited dealer license, $200;
39.21(5) change of bonding company, $10;
39.22(6) reinstatement of bond after cancellation notice has been received, $10;
39.23(7) checks returned without payment, $15; and
39.24(8) change of address, $10.
39.25(b) All initial limited dealer licenses shall be effective for more than one calendar
39.26year and shall expire on December 31 of the year after the year in which the application
39.27is made.
39.28(c) The license fee for each renewed limited dealer license shall be $100 for one year
39.29and $200 for two years. For the purposes of calculating fees under section 326B.092, any
39.30license issued under this section is a business license, except that a subagency license is a
39.31master license. The commissioner shall in a manner determined by the commissioner,
39.32without the need for any rulemaking under chapter 14, phase in the renewal of limited
39.33dealer licenses from one year to two years. By June 30, 2011, all renewed limited dealer
39.34licenses shall be two-year licenses.
39.35(d) All fees are not refundable.

40.1    Sec. 56. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 8, is
40.2amended to read:
40.3    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's
40.4license to an owner of a manufactured home park authorizing the licensee as principal
40.5only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
40.6manufactured homes located in the owned manufactured home park. The licensee must be
40.7the title holder of the homes and may engage in no more than ten sales during each year of
40.8the two-year licensure period. An owner may, upon payment of the applicable fee and
40.9compliance with this subdivision, obtain a separate license for each owned manufactured
40.10home park and is entitled to sell up to 20 homes per license period provided that only one
40.11limited dealer license may be issued for each park. The license shall be issued after:
40.12    (1) receipt of an application on forms provided by the commissioner containing
40.13the following information:
40.14    (i) the identity of the applicant;
40.15    (ii) the name under which the applicant will be licensed and do business in this state;
40.16    (iii) the name and address of the owned manufactured home park, including a copy
40.17of the park license, serving as the basis for the issuance of the license;
40.18    (iv) the name, home, and business address of the applicant;
40.19    (v) the name, address, and telephone number of one individual that is designated
40.20by the applicant to receive all communications and cooperate with all inspections and
40.21investigations of the commissioner pertaining to the sale of manufactured homes in the
40.22manufactured home park owned by the applicant;
40.23    (vi) whether the applicant or its designated individual has been convicted of a crime
40.24within the previous ten years that is either related directly to the business for which the
40.25license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
40.26judgment in a civil action involving fraud, misrepresentation, or conversion within the
40.27previous five years or has had any government license or permit suspended or revoked
40.28as a result of an action brought by a federal or state governmental agency in this or any
40.29other state within the last five years; and
40.30    (vii) the applicant's qualifications and business history, including whether the
40.31applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
40.32any unsatisfied court judgments outstanding against it or them;
40.33    (2) payment of the license fee established by subdivision 7a; and
40.34    (3) provision of a surety bond in the amount of $5,000. A separate surety bond
40.35must be provided for each limited license.
41.1    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
41.2The holding of a limited dealer's license does not satisfy the requirement contained in
41.3section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect
41.4to obtaining a dealer license. The commissioner may, upon application for a renewal of a
41.5license, require only a verification that copies of sales documents have been retained and
41.6payment of the renewal fee fees established by subdivision 7a section 326B.092. "Sales
41.7documents" mean only the safety feature disclosure form defined in section 327C.07,
41.8subdivision 3a , title of the home, financing agreements, and purchase agreements.
41.9    The license holder shall, upon request of the commissioner, make available for
41.10inspection during business hours sales documents required to be retained under this
41.11subdivision.

41.12    Sec. 57. Minnesota Statutes 2009 Supplement, section 327B.041, is amended to read:
41.13327B.041 MANUFACTURED HOME INSTALLERS.
41.14    (a) Manufactured home installers are subject to all of the fees in section 326B.092
41.15and the requirements of sections 326B.802 to 326B.885, except for the following:
41.16    (1) manufactured home installers are not subject to the continuing education
41.17requirements of section 326B.821, but are subject to the continuing education requirements
41.18established in rules adopted under section 327B.10;
41.19    (2) the examination requirement of section 326B.83, subdivision 3, for manufactured
41.20home installers shall be satisfied by successful completion of a written examination
41.21administered and developed specifically for the examination of manufactured home
41.22installers. The examination must be administered and developed by the commissioner. The
41.23commissioner and the state building official shall seek advice on the grading, monitoring,
41.24and updating of examinations from the Minnesota Manufactured Housing Association;
41.25    (3) a local government unit may not place a surcharge on a license fee, and may not
41.26charge a separate fee to installers;
41.27    (4) a dealer or distributor who does not install or repair manufactured homes is
41.28exempt from licensure under sections 326B.802 to 326B.885;
41.29    (5) the exemption under section 326B.805, subdivision 6, clause (5), does not
41.30apply; and
41.31    (6) manufactured home installers are not subject to the contractor recovery fund
41.32in section 326B.89.
41.33    (b) The commissioner may waive all or part of the requirements for licensure
41.34as a manufactured home installer for any individual who holds an unexpired license or
41.35certificate issued by any other state or other United States jurisdiction if the licensing
42.1requirements of that jurisdiction meet or exceed the corresponding licensing requirements
42.2of the department and the individual complies with section 326B.092, subdivisions 1
42.3and 3 to 7. For the purposes of calculating fees under section 326B.092, licensure as a
42.4manufactured home installer is a business license.

42.5    Sec. 58. REVISOR'S INSTRUCTION.
42.6In Minnesota Rules, the Revisor of Statutes shall change all references to Minnesota
42.7Rules, part 1350.8300 to Minnesota Statutes, section 327B.04.

42.8    Sec. 59. REPEALER.
42.9(a) Minnesota Statutes 2008, sections 326B.133, subdivisions 9 and 10; 326B.37,
42.10subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56, subdivision 3; 326B.885,
42.11subdivisions 3 and 4; and 326B.976, are repealed.
42.12(b) Minnesota Statutes 2009 Supplement, section 326B.56, subdivision 4, is repealed.
42.13(c) Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, and 4;
42.141350.7200, subpart 3; and 1350.8000, subpart 2, are repealed.

42.15    Sec. 60. EFFECTIVE DATE.
42.16Sections 1 to 59 are effective January 1, 2012.