HF 3034

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to construction professions; modifying provisions relating to the
electrical, plumbing, water conditioning, boiler, and high-pressure piping
professions; amending Minnesota Statutes 2006, sections 299F.011, subdivision
3; 326.244, subdivision 1; 327.32, subdivision 1; 327.33, by adding subdivisions;
327A.04, subdivision 2; 327A.07; 327B.06, subdivision 1; Minnesota Statutes
2007 Supplement, sections 16B.64, subdivision 8; 181.723, subdivision 2;
183.60, subdivision 2; 326.01, subdivisions 4b, 5; 326.2415, subdivisions 2, 6;
326.242, subdivisions 2, 3d, 5, 12, by adding subdivisions; 326.244, subdivision
5; 326.37, subdivisions 1a, 4; 326.3705, subdivision 1; 326.40, subdivisions 2, 3,
by adding a subdivision; 326.47, subdivision 2; 326.48, subdivisions 1, 2, 2a, 2b,
5; 326.50; 326.505, subdivisions 1, 2, 8; 326.62; 326.84, subdivision 1; 326.86,
subdivision 1; 326.87, subdivision 5; 326.93, subdivision 4; 326.94, subdivision
2; 326.97, subdivision 1a; 326B.082, subdivisions 8, 10, 11, 12, 13; 326B.083,
subdivision 3; 326B.42, by adding a subdivision; 326B.89, subdivisions 5, 6,
12, 14; 327B.04, subdivision 4; Laws 2007, chapter 140, article 4, section 12;
repealing Minnesota Statutes 2006, section 16B.69; Minnesota Statutes 2007
Supplement, sections 326.2411; 326.372; 326.471; Laws 2007, chapter 9, section
1; Laws 2007, chapter 135, article 4, sections 2; 8; article 6, section 3; Laws
2007, chapter 140, article 12, section 9; Minnesota Rules, part 3800.3510.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 16B.64, subdivision 8, is
amended to read:

Subd. 8.

Effective date of rules.

A rule to adopt or amend the state's building code
is effective 180 days after the filing of the rule with the secretary of state under section
14.16 or 14.26. The rule may provide for a deleted text begin different deleted text end new text begin later new text end effective date new text begin . The rule may
provide for an earlier effective date new text end if the commissioner or board proposing the rule finds
that deleted text begin a different deleted text end new text begin an earlier new text end effective date is necessary to protect public health and safety
after considering, among other things, the need for time for training of individuals to
comply with and enforce the rule.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 181.723, subdivision 2, is
amended to read:

Subd. 2.

Limited application.

This section only applies to individuals performing
public or private sector commercial or residential building construction or improvement
services deleted text begin , as defined in section 326.83 deleted text end . new text begin Building construction and improvement services do
not include: (1) the manufacture, supply, or sale of products, materials, or merchandise;
(2) landscaping services for the maintenance or removal of existing plants, shrubs, trees,
and other vegetation, whether or not the services are provided as part of a contract for
the building construction or improvement services; and (3) all other landscaping services,
unless the other landscaping services are provided as part of a contract for the building
construction or improvement services.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 183.60, subdivision 2, is
amended to read:

Subd. 2.

Repair violation.

deleted text begin No deleted text end new text begin A new text end person who repairs a boiler or pressure vessel by
welding or riveting deleted text begin so as not to deleted text end new text begin must new text end meet the minimum requirements established by the
current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
code and the rules of the department.

Sec. 4.

Minnesota Statutes 2006, section 299F.011, subdivision 3, is amended to read:

Subd. 3.

Rules for code administration and enforcement.

The commissioner
new text begin of public safety new text end shall adopt rules as may be necessary to administer and enforce the
code, specifically including but not limited to rules for inspection of buildings and other
structures covered by the code and conforming the code to the governmental organization
of Minnesota state agencies, political subdivisions and local governments.

Sec. 5.

Minnesota Statutes 2007 Supplement, section 326.01, subdivision 4b, is
amended to read:

Subd. 4b.

Elevator contractor.

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

Sec. 6.

Minnesota Statutes 2007 Supplement, section 326.01, subdivision 5, is
amended to read:

Subd. 5.

Contractor.

"Contractor" means a person who performs or offers to
perform any electrical work, with or without compensation, who is licensed as a contractor
by the commissioner. A contractor's license does not of itself qualify its holder to perform
or supervise the electrical work authorized by holding any class of electrician's or other
personal deleted text begin electrical deleted text end license. Contractor includes electrical contractors and technology
system contractors.

Sec. 7.

Minnesota Statutes 2007 Supplement, section 326.2415, subdivision 2, is
amended to read:

Subd. 2.

Powers; duties; administrative support.

(a) The board shall have the
power to:

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

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

(3) new text begin adopt new text end the Minnesota Electrical Code deleted text begin shall deleted text end new text begin , which must new text end be the most current
edition of the National Electrical Code deleted text begin upon its adoption by the board deleted text end and any amendments
thereto deleted text begin as adopted by the board deleted text end . The board shall adopt the most current edition of the
National Electrical Code and any amendments thereto pursuant to chapter 14 and as
provided in subdivision 6, paragraphs (b) and (c);

(4) review requests for final interpretations and issue final interpretations as provided
in section 16B.63, subdivision 5;

(5) adopt rules that regulate the licensure or registration of electrical businesses,
electrical contractors, master electricians, journeyman electricians, Class A installer,
Class B installer, power limited technicians, and other persons who perform electrical
work except for those individuals licensed under section 326.02, subdivisions 2 and 3.
The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
6, paragraphs (d) and (e);

(6) adopt rules that regulate continuing education for individuals licensed or
registered as electrical businesses, electrical contractors, master electricians, journeyman
electricians, Class A installer, Class B installer, power limited technicians, and other
persons who perform electrical work. The board shall adopt these rules pursuant to chapter
14 and as provided in subdivision 6, deleted text begin paragraph deleted text end new text begin paragraphs (d) and new text end (e);

(7) advise the commissioner regarding educational requirements for electrical
inspectors;

(8) refer complaints or other communications to the commissioner, whether oral or
in writing, as provided in subdivision 8 new text begin , new text end that deleted text begin alleges deleted text end new text begin allege new text end or deleted text begin implies deleted text end new text begin imply new text end a violation
of a statute, rule, or order that the commissioner has the authority to enforce pertaining
to code compliance, licensure, registration, or an offering to perform or performance
of unlicensed electrical services;

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

(10) approve license reciprocity agreements;

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

(12) recommend the fees for licenses and certifications.

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

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

(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by all of the other boards created
pursuant to chapter 326B. The commissioner shall provide staff support to the board. The
support includes professional, legal, technical, and clerical staff necessary to perform
rulemaking and other duties assigned to the board. The commissioner of labor and
industry shall supply necessary office space and supplies to assist the board in its duties.

Sec. 8.

Minnesota Statutes 2007 Supplement, section 326.2415, subdivision 6, is
amended to read:

Subd. 6.

Officers, quorum, voting.

(a) The board shall elect annually from its
members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
majority of members of the board qualified to vote on the matter in question. All questions
concerning the manner in which a meeting is conducted or called that is not covered
by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.

(b) Each electrical code amendment considered by the board that receives an
affirmative two-thirds or more majority vote of all of the voting members of the board
shall be included in the next electrical code rulemaking proceeding initiated by the board.
If an electrical code amendment considered, or reconsidered, by the board receives less
than a two-thirds majority vote of all of the voting members of the board, the electrical
code amendment shall not be included in the next electrical code rulemaking proceeding
initiated by the board.

(c) The board may reconsider electrical code amendments during an active electrical
code rulemaking proceeding in which the amendment previously failed to receive a
two-thirds majority vote or more of all of the voting members of the board only if new
or updated information that affects the electrical code amendment is presented to the
board. The board may also reconsider failed electrical code amendments in subsequent
electrical code rulemaking proceedings.

(d) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that
receives an affirmative majority vote of all of the voting members of the board shall be
included in the next rulemaking proceeding initiated by the board. If a proposed rule or
rule amendment considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or rule
amendment shall not be included in the next rulemaking proceeding initiated by the board.

(e) The board may reconsider proposed deleted text begin rule deleted text end new text begin rules new text end or rule deleted text begin amendment deleted text end new text begin amendments new text end
during an active rulemaking proceeding in which the amendment previously failed to
receive an affirmative majority vote of all of the voting members of the board only if new
or updated information that affects the proposed rule or rule amendment is presented to
the board. The board may also reconsider failed proposed deleted text begin rule deleted text end new text begin rules new text end or rule deleted text begin amendment deleted text end new text begin
amendments new text end in subsequent rulemaking proceedings.

Sec. 9.

Minnesota Statutes 2007 Supplement, section 326.242, subdivision 2, is
amended to read:

Subd. 2.

Journeyman electrician.

(a) Except as otherwise provided by law, no
individual shall perform and supervise any electrical work except for planning or laying
out of electrical work unless:

(1) the individual is licensed by the commissioner as a journeyman electrician; and

(2) the electrical work is:

(i) for a contractor and the individual is an employee, partner, or officer of the
licensed contractor; or

(ii) performed under the supervision of a master electrician also employed by
the individual's employer on electrical wiring, apparatus, equipment, or facilities that
are owned or leased by the employer and that are located within the limits of property
operated, maintained, and either owned or leased by the employer.

(b) An applicant for a Class A journeyman electrician license shall have had at
least four years of experience, acceptable to the commissioner, in wiring for, installing,
and repairing electrical wiring, apparatus, or equipment, provided however, that deleted text begin the
commissioner may by rule allow deleted text end one year of experience credit for the successful
completion of a two-year post high school electrical course approved by the commissioner new text begin
may be allowed new text end .

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

Sec. 10.

Minnesota Statutes 2007 Supplement, section 326.242, subdivision 3d,
is amended to read:

Subd. 3d.

Power limited technician.

(a) Except as otherwise provided by law, no
individual shall install, alter, repair, plan, lay out, or supervise the installing, altering,
repairing, planning, or laying out of electrical wiring, apparatus, or equipment for
technology circuits or systems unless:

(1) the individual is licensed by the commissioner as a power limited technician; and

(2) the electrical work is:

(i) for a licensed contractor and the individual is an employee, partner, or officer of,
or is the licensed contractor; or

(ii) performed under the direct supervision of a master electrician or power limited
technician also employed by the individual's employer on technology circuits, systems,
apparatus, equipment, or facilities that are owned or leased by the employer and that are
located within the limits of property operated, maintained, and either owned or leased by
the employer.

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

(c) Licensees must attain 16 hours of continuing education acceptable to the board
every renewal period.

(d) A company holding an alarm and communication license as of June 30, 2003,
may designate one individual who may obtain a power limited technician license without
passing an examination administered by the commissioner by submitting an application
and license fee of $30.

(e) A person who has submitted an application by December 30, 2007, to take the
power limited technician examination administered by the department is not required to
meet the qualifications set forth in paragraph (b).

Sec. 11.

Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
a subdivision to read:

new text begin Subd. 3e. new text end

new text begin Elevator constructor. new text end

new text begin (a) An individual licensed as an elevator
constructor may install, maintain, and repair electrical wiring, apparatus, and equipment
for elevators and escalators while in the employ of an elevator contractor or Class A
electrical contractor.
new text end

new text begin (b) An applicant for an elevator constructor's license shall have at least 36 months'
experience, acceptable to the commissioner, in wiring for, installing, and repairing
electrical wiring, apparatus, or equipment for elevators and escalators, provided, however,
that one year of experience credit for the completion of a two-year post-high school
electrical course approved by the commissioner may be allowed.
new text end

Sec. 12.

Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
a subdivision to read:

new text begin Subd. 3f. new text end

new text begin Lineman. new text end

new text begin (a) An individual licensed as a lineman may install, maintain,
and repair transmission and distribution systems that are or will be owned or leased by an
electric utility.
new text end

new text begin (b) An applicant for a lineman's license shall have at least 48 months' experience,
acceptable to the commissioner, in wiring for, installing, and repairing electrical wiring,
apparatus, or equipment for an electrical utility.
new text end

Sec. 13.

Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
a subdivision to read:

new text begin Subd. 3g. new text end

new text begin Maintenance electrician. new text end

new text begin (a) An individual licensed as a maintenance
electrician may maintain and repair electrical wiring, apparatus, and equipment while in
the employ of a contractor, or as a full-time employee of a single employer while engaged
in the maintenance and repair of electrical wiring, apparatus, and equipment owned or
leased by the employer and located within the limits of property owned or leased by
the employer.
new text end

new text begin (b) An applicant for a maintenance electrician's license shall have at least 48 months'
experience, acceptable to the commissioner, in wiring for, installing, and repairing
electrical wiring, apparatus, or equipment, provided, however, that one year of experience
credit for the completion of a two-year post-high school electrical course approved by the
commissioner may be allowed.
new text end

Sec. 14.

Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding
a subdivision to read:

new text begin Subd. 3h. new text end

new text begin Master elevator constructor. new text end

new text begin (a) An individual licensed as a master
elevator constructor may, while licensed as an elevator electrical contractor or while
in the employ of an elevator contractor or Class A electrical contractor, plan, lay out,
supervise and install, maintain, and repair wiring, apparatus, and equipment for elevators
and escalators.
new text end

new text begin (b) An applicant for a master elevator constructor's license shall have at least 60
months' experience, acceptable to the commissioner, in wiring for, installing, and repairing
electrical wiring, apparatus, or equipment for elevators and escalators, provided, however,
that one year of experience credit for the completion of a two-year post-high school
electrical course approved by the commissioner may be allowed.
new text end

Sec. 15.

Minnesota Statutes 2007 Supplement, section 326.242, subdivision 5, is
amended to read:

Subd. 5.

Unlicensed individuals.

(a) An unlicensed individual means an individual
who has not been licensed by the department to perform specific electrical work. An
unlicensed individual shall not perform electrical work required to be performed by a
licensed individual unless the individual has first registered with the department as an
unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical
work required to be performed by a licensed individual unless the work is performed
under the direct supervision of an individual actually licensed to perform such work. The
licensed individual and unlicensed individual must be employed by the same employer.
Licensed individuals shall not permit unlicensed individuals to perform electrical work
except under the direct supervision of an individual actually licensed to perform such
work. Unlicensed individuals shall not supervise the performance of electrical work or
make assignments of electrical work to unlicensed individuals. Except for technology
deleted text begin circuit deleted text end new text begin circuits new text end or deleted text begin system deleted text end new text begin systems new text end work, licensed individuals shall supervise no more
than two unlicensed individuals. For technology deleted text begin circuit deleted text end new text begin circuits new text end or deleted text begin system deleted text end new text begin systems new text end work,
licensed individuals shall supervise no more than three unlicensed individuals.

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

(c) Contractors employing unlicensed individuals to perform electrical work shall
maintain records establishing compliance with this subdivision that shall identify all
unlicensed individuals performing electrical work, except for individuals working on
circuits or systems exempted from personal licensing by subdivision 12, paragraph (b),
and shall permit the department to examine and copy all such records.

(d) When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the electrical work
complies with the Minnesota Electrical Act and all rules adopted under the act.

Sec. 16.

Minnesota Statutes 2007 Supplement, section 326.242, subdivision 12,
is amended to read:

Subd. 12.

Exemptions from licensing.

(a) An individual who is a maintenance
electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399
if:

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

(2) the individual is supervised by:

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

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

(3) the individual's employer has filed with the commissioner a certificate of
responsible person, signed by the responsible master electrician of the contractor, the
licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
the licensed power limited technician, and stating that the person signing the certificate is
responsible for ensuring that the maintenance and repair work performed by the employer's
employees complies with the Minnesota Electrical Act and the rules adopted under that act.

(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
for the planning, laying out, installing, altering, and repairing of technology circuits or
systems except planning, laying out, or installing:

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

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

(3) technology circuits deleted text begin and deleted text end new text begin or new text end systems in hazardous classified locations as covered
by chapter 5 of the National Electrical Code.

(c) Companies and their employees that plan, lay out, install, alter, or repair class
2 and class 3 remote control wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed in a residential dwelling are
not required to hold a license under sections 326B.31 to 326B.399.

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
when performing heating, ventilating, air conditioning, or refrigeration work as described
in section 326.245.

(e) Employees of any electrical, communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as defined
under section 237.01 or its employees, or of any independent contractor performing work
on behalf of any such utility, cable communications company, or telephone company, shall
not be required to hold a license under sections 326B.31 to 326B.399:

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

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

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

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

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

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

(f) An owner shall not be required to hold or obtain a license under sections 326B.31
to 326B.399.

Sec. 17.

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

Subdivision 1.

Required inspection.

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

Sec. 18.

Minnesota Statutes 2007 Supplement, section 326.244, subdivision 5, is
amended to read:

Subd. 5.

Exemptions from inspections.

Installations, materials, or equipment shall
not be subject to inspection under sections 326B.31 to 326B.399:

(1) when owned or leased, operated and maintained by any employer whose
maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399,
while performing electrical maintenance work only as defined by deleted text begin board deleted text end rule;

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

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

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

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

(3) when used in the street lighting operations of an electrical utility;

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

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

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

Sec. 19.

Minnesota Statutes 2007 Supplement, section 326.37, subdivision 1a, is
amended to read:

Subd. 1a.

Agreements with municipalities.

The commissioner may enter into an
agreement with a municipality, in which the municipality agrees to perform plan and
specification reviews required to be performed by the commissioner under Minnesota
Rules, part 4715.3130, if:

(a) the municipality has adopted:

(1) the plumbing code;

(2) an ordinance that requires plumbing plans and specifications to be submitted to,
reviewed, and approved by the municipality, except as provided in paragraph deleted text begin (h) deleted text end new text begin (n) new text end ;

(3) an ordinance that authorizes the municipality to perform inspections required by
the plumbing code; and

(4) an ordinance that authorizes the municipality to enforce the plumbing code in its
entirety, except as provided in paragraph (p);

(b) the municipality agrees to review plumbing plans and specifications for all
construction for which the plumbing code requires the review of plumbing plans and
specifications, except as provided in paragraph (n);

(c) the municipality agrees that, when it reviews plumbing plans and specifications
under paragraph (b), the review will:

(1) reflect the degree to which the plans and specifications affect the public health
and conform to the provisions of the plumbing code;

(2) ensure that there is no physical connection between water supply systems that
are safe for domestic use and those that are unsafe for domestic use; and

(3) ensure that there is no apparatus through which unsafe water may be discharged
or drawn into a safe water supply system;

(d) the municipality agrees to perform all inspections required by the plumbing
code in connection with projects for which the municipality reviews plumbing plans and
specifications under paragraph (b);

(e) the commissioner determines that the individuals who will conduct the
inspections and the plumbing plan and specification reviews for the municipality do not
have any conflict of interest in conducting the inspections and the plan and specification
reviews;

(f) individuals who will conduct the plumbing plan and specification reviews for
the municipality are:

(1) licensed master plumbers;

(2) licensed professional engineers; or

(3) individuals who are working under the supervision of a licensed professional
engineer or licensed master plumber and who are licensed master or journeyman plumbers
or hold a postsecondary degree in engineering;

(g) individuals who will conduct the plumbing plan and specification reviews for
the municipality have passed a competency assessment required by the commissioner to
assess the individual's competency at reviewing plumbing plans and specifications;

(h) individuals who will conduct the plumbing inspections for the municipality
are licensed master or journeyman plumbers, or inspectors meeting the competency
requirements established in rules adopted under section 16B.655;

(i) the municipality agrees to enforce in its entirety the plumbing code on all
projects, except as provided in paragraph (p);

(j) the municipality agrees to keep official records of all documents received,
including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
and certificates issued, reports of inspections, and notices issued in connection with
plumbing inspections and the review of plumbing plans and specifications;

(k) the municipality agrees to maintain the records described in paragraph (j) in the
official records of the municipality for the period required for the retention of public
records under section 138.17, and shall make these records readily available for review at
the request of the commissioner;

(l) the municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the plumbing code or any of ordinances
described in deleted text begin item deleted text end new text begin paragraph new text end (a), or if the commissioner determines that the municipality
is not properly administering and enforcing the plumbing code or is otherwise not
complying with the agreement:

(1) the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement;

(2) the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and

(3) while any challenge is pending under deleted text begin item deleted text end new text begin clause new text end (2), the commissioner shall
perform plan and specification reviews within the municipality under Minnesota Rules,
part 4715.3130;

(m) the municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the commissioner;

(n) the municipality and the commissioner agree that the municipality shall forward
to the state for review all plumbing plans and specifications for the following types of
projects within the municipality:

(1) hospitals, nursing homes, supervised living facilities, and similar
health-care-related facilities regulated by the Minnesota Department of Health;

(2) buildings owned by the federal or state government; and

(3) projects of a special nature for which department review is requested by either
the municipality or the state;

(o) where the municipality forwards to the state for review plumbing plans and
specifications, as provided in paragraph (n), the municipality shall not collect any fee for
plan review, and the commissioner shall collect all applicable fees for plan review; and

(p) no municipality shall revoke, suspend, or place restrictions on any plumbing
license issued by the state.

Sec. 20.

Minnesota Statutes 2007 Supplement, section 326.37, subdivision 4, is
amended to read:

Subd. 4.

Air admittance valves deleted text begin and water-free urinals deleted text end prohibited.

deleted text begin (a) deleted text end
Mechanical devices and fittings with internal moving parts are prohibited from installation
in plumbing venting systems.

deleted text begin (b) All urinals covered under the jurisdiction of the State Plumbing Code must have
a water flush device with a volume of not more than one gallon per use.
deleted text end

Sec. 21.

Minnesota Statutes 2007 Supplement, section 326.3705, subdivision 1,
is amended to read:

Subdivision 1.

Composition.

(a) The Plumbing Board shall consist of 14 members.
Twelve members shall be appointed by the governor with the advice and consent of the
senate and shall be voting members. Appointments of members by the governor shall be
made in accordance with section 15.066. If the senate votes to refuse to consent to an
appointment of a member made by the governor, the governor shall appoint a new member
with the advice and consent of the senate. One member shall be the commissioner of
labor and industry or the commissioner of labor and industry's designee, who shall be a
voting member. One member shall be the commissioner of health or the commissioner of
health's designee, who shall not be a voting member. Of the 12 appointed members, the
composition shall be as follows:

(1) two members shall be municipal plumbing inspectors, one from the metropolitan
area and one from greater Minnesota;

(2) one member shall be a licensed professional engineer specializing in plumbing
designs or systems;

(3) two members shall be commercial/industrial plumbing contractors, one from the
metropolitan area and one from greater Minnesota;

(4) one member shall be a residential plumbing contractor;

(5) two members shall be commercial/industrial journeymen, one from the
metropolitan area and one from greater Minnesota;

(6) one member shall be a residential plumbing journeyman;

(7) one member shall be a water conditioning contractor;

(8) one member shall be a municipal public water supply system operator or
superintendent; and

(9) one member shall be a public member as defined by section 214.02.

One of the municipal plumbing inspectors shall be appointed for an initial term to end on
December 31, 2010. The other municipal plumbing inspector shall be appointed for an
initial term to end on December 31, 2011. The professional engineer shall be appointed for
an initial term to end on December 31, 2011. One of the commercial/industrial plumbing
contractors shall be appointed for an initial term to end on December 31, 2010. The other
commercial/industrial plumbing contractor shall be appointed for an initial term to end
on December 31, 2011. The residential plumbing contractor shall be appointed for an
initial term to end on December 31, 2010. One of the commercial/industrial plumbing
journeymen shall be appointed for an initial term to end on December 31, 2011. The
other commercial/industrial plumbing journeyman shall be appointed for an initial term
to end on December 31, 2010. The residential plumbing journeyman shall be appointed
for an initial term to end on December 31, 2011. The water conditioning contractor shall
be appointed for an initial term to end on December 31, 2011. The municipal public
water supply system operator or superintendent shall be appointed for an initial term to
end on December 31, 2010. The public member shall be appointed for a term to end
December 31, 2010.

(b) The licensed professional engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of their term. All other
appointed members, except for the water conditioning contractor new text begin , the public member, new text end and
the municipal public water supply system operator or superintendent, must possess a
current plumbing license issued by the Department of Labor and Industry and maintain
that license for the duration of their term. The water conditioning contractor must be
licensed as a water conditioning contractor by the Department of Labor and Industry and
maintain the license for the duration of the term on the board. All appointed members
must be residents of Minnesota at the time of and throughout the member's appointment.
The term of any appointed member that does not maintain membership qualification status
shall end on the date of the status change and the governor shall appoint a new member. It
is the responsibility of the member to notify the board of the member's status change.

(c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and
consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
term. Vacancies occurring with less than six months time remaining in the term shall be
filled for the existing term and the following three-year term. Members may serve until
their successors are appointed but in no case later than July 1 in a year in which the term
expires unless reappointed.

Sec. 22.

Minnesota Statutes 2007 Supplement, section 326.40, subdivision 2, is
amended to read:

Subd. 2.

Bond; insurance.

Any person contracting to do plumbing work must give
bond to the state in the amount of $25,000 for all work entered into within the state. The
bond shall be for the benefit of persons injured or suffering financial loss by reason of
failure to comply with the requirements of the State Plumbing Code. The bond shall
be filed with the commissioner and shall be written by a corporate surety licensed to
do business in the state.

In addition, each applicant for a master plumber license new text begin or restricted master plumber
license, new text end or renewal thereof, shall provide evidence of public liability insurance, including
products liability insurance with limits of at least $50,000 per person and $100,000 per
occurrence and property damage insurance with limits of at least $10,000. The insurance
shall be written by an insurer licensed to do business in the state of Minnesota and
each licensed master plumber shall maintain on file with the commissioner a certificate
evidencing the insurance providing that the insurance shall not be canceled without the
insurer first giving 15 days written notice to the commissioner. The term of the insurance
shall be concurrent with the term of the license.

Sec. 23.

Minnesota Statutes 2007 Supplement, section 326.40, subdivision 3, is
amended to read:

Subd. 3.

Bond and insurance exemption.

If a master plumber new text begin or restricted master
plumber new text end who is in compliance with the bond and insurance requirements of subdivision 2 new text begin , new text end
employs deleted text begin another master deleted text end new text begin a licensed new text end plumber, the employee deleted text begin master deleted text end plumber shall not be
required to meet the bond and insurance requirements of subdivision 2. deleted text begin A master plumber deleted text end new text begin
An individual new text end who is an employee working on the maintenance and repair of plumbing
equipment, apparatus, or facilities owned or leased by deleted text begin their deleted text end new text begin the individual's new text end employer and
which is within the limits of property owned or leased, and operated or maintained by
deleted text begin their deleted text end new text begin the individual's new text end employer, shall not be required to meet the bond and insurance
requirements of subdivision 2.

Sec. 24.

Minnesota Statutes 2007 Supplement, section 326.40, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Exterior connections. new text end

new text begin Persons licensed as manufactured home installers
under chapter 327B are not required to be licensed under sections 326B.42 to 326B.49
when connecting the exterior building drain sewer outlets to the above ground building
sewer system and when connecting the exterior water line to the above ground water
system to the manufactured home as described in National Manufactured Housing
Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401
et seq. No additional licensure, bond, or insurance related to the scope of work permitted
under this subdivision may be required of a licensed manufactured home installer by
any unit of government.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2007 Supplement, section 326.47, subdivision 2, is
amended to read:

Subd. 2.

Permissive municipal regulation.

The commissioner may enter into an
agreement with a municipality, in which the municipality agrees to perform inspections
and issue permits for the construction and installation of high pressure piping systems
within the municipality's geographical area of jurisdiction, if:

(a) The municipality has adopted:

(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
5230.6200;

(2) an ordinance that authorizes the municipality to issue permits to persons holding
a high pressure piping business license issued by the department and only for construction
or installation that would, if performed properly, fully comply with all Minnesota Statutes
and Minnesota Rules;

(3) an ordinance that authorizes the municipality to perform the inspections that are
required under Minnesota Statutes or Minnesota Rules deleted text begin of deleted text end new text begin governing new text end the construction and
installation of high pressure piping systems; and

(4) an ordinance that authorizes the municipality to enforce the code for power
piping systems in its entirety.

(b) The municipality agrees to issue permits only to persons holding a high pressure
piping business license as required by law at the time of the permit issuance, and only for
construction or installation that would, if performed properly, comply with all Minnesota
Statutes and Minnesota Rules governing the construction or installation of high pressure
piping systems.

(c) The municipality agrees to issue permits only on forms approved by the
department.

(d) The municipality agrees that, for each permit issued by the municipality, the
municipality shall perform one or more inspections of the construction or installation to
determine whether the construction or installation complies with all Minnesota Statutes
and Minnesota Rules governing the construction or installation of high pressure piping
systems, and shall prepare a written report of each inspection.

(e) The municipality agrees to notify the commissioner within 24 hours after the
municipality discovers any violation of the licensing laws related to high pressure piping.

(f) The municipality agrees to notify the commissioner immediately if the
municipality discovers that any entity has failed to meet a deadline set by the municipality
for correction of a violation of the high pressure piping laws.

(g) The commissioner determines that the individuals who will conduct the
inspections for the municipality do not have any conflict of interest in conducting the
inspections.

(h) Individuals who will conduct the inspections for the municipality are permanent
employees of the municipality and are licensed contracting high pressure pipefitters or
licensed journeyman high pressure pipefitters.

(i) The municipality agrees to notify the commissioner within ten days of any
changes in the names or qualifications of the individuals who conduct the inspections
for the municipality.

(j) The municipality agrees to enforce in its entirety the code for power piping
systems on all projects.

(k) The municipality shall not approve any piping installation unless the installation
conforms to all applicable provisions of the high pressure piping laws in effect at the
time of the installation.

(l) The municipality agrees to promptly require compliance or revoke a permit that
it has issued if there is noncompliance with any of the applicable provisions of the high
pressure piping laws in connection with the work covered by the permit. The municipality
agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
violated.

(m) The municipality agrees to keep official records of all documents received,
including permit applications, and of all permits issued, reports of inspections, and notices
issued in connection with inspections.

(n) The municipality agrees to maintain the records described in paragraph (m) in
the official records of the municipality for the period required for the retention of public
records under section 138.17, and shall make these records readily available for review
according to section 13.37.

(o) Not later than the tenth day of each month, the municipality shall submit to the
commissioner a report of all high pressure piping permits issued by the municipality during
the preceding month. This report shall be in a format approved by the commissioner
and shall include:

(1) the name of the contractor;

(2) the license number of the contractor's license issued by the commissioner;

(3) the permit number;

(4) the address of the job;

(5) the date the permit was issued;

(6) a brief description of the work; and

(7) the amount of the inspection fee.

(p) Not later than the 31st day of January of each year, the municipality shall submit
a summary report to the commissioner identifying the status of each high pressure piping
project for which the municipality issued a permit during the preceding year, and the
status of high pressure piping projects for which the municipality issued a permit during a
prior year where no final inspection had occurred by the first day of the preceding year.
This summary report shall include:

(1) the permit number;

(2) the date of any final inspection; and

(3) identification of any violation of high pressure piping laws related to work
covered by the permit.

(q) The municipality and the commissioner agree that if at any time during the
agreement the municipality does not have in effect the code for high pressure piping
systems or any of the ordinances described in paragraph (a), or if the commissioner
determines that the municipality is not properly administering and enforcing the code for
high pressure piping or is otherwise not complying with the agreement:

(1) the commissioner may, effective 14 days after the municipality's receipt of
written notice, terminate the agreement and have the administration and enforcement of
the high pressure piping code in the involved municipality undertaken by the department;

(2) the municipality may challenge the termination in a contested case before the
commissioner pursuant to the Administrative Procedure Act; and

(3) while any challenge under clause (2) is pending, the commissioner may exercise
oversight of the municipality to the extent needed to ensure that high pressure piping
inspections are performed and permits are issued in accordance with the high pressure
piping laws.

(r) The municipality and the commissioner agree that the municipality may terminate
the agreement with or without cause on 90 days' written notice to the commissioner.

(s) The municipality and the commissioner agree that no municipality shall
revoke, suspend, or place restrictions on any high pressure piping license issued by the
commissioner. If the municipality identifies during an inspection any violation that
may warrant revocation, suspension, or placement of restrictions on a high pressure
piping license issued by the commissioner, the municipality shall promptly notify the
commissioner of the violation and the commissioner shall determine whether revocation,
suspension, or placement of restrictions on any high pressure piping license issued by
the commissioner is appropriate.

Sec. 26.

Minnesota Statutes 2007 Supplement, section 326.48, subdivision 1, is
amended to read:

Subdivision 1.

License required; rules; time credit.

No individual shall engage in
or work at the business of a contracting high pressure pipefitter unless issued deleted text begin an individual deleted text end new text begin
a new text end contracting high pressure pipefitter license to do so by the department under rules
adopted by the board. No license shall be required for repairs on existing installations. No
individual shall engage in or work at the business of journeyman high pressure pipefitter
unless issued deleted text begin an individual deleted text end new text begin a new text end journeyman high pressure pipefitter competency license to do
so by the department under rules adopted by the board. deleted text begin A person deleted text end new text begin An individual new text end possessing
deleted text begin an individual deleted text end new text begin a new text end contracting high pressure pipefitter competency license may also work
as a journeyman high pressure pipefitter.

No person shall construct or install high pressure piping, nor install high pressure
piping in connection with the dealing in and selling of high pressure pipe material and
supplies, unless, at all times, an individual possessing a contracting high pressure pipefitter
deleted text begin individual deleted text end competency license or a journeyman high pressure pipefitter deleted text begin individual deleted text end
competency license is responsible for ensuring that the high pressure pipefitting work is in
conformity with Minnesota Statutes and Minnesota Rules.

The board shall prescribe rules, not inconsistent herewith, for the examination and
deleted text begin individual deleted text end competency licensing of contracting high pressure pipefitters and journeyman
high pressure pipefitters and for issuance of permits by the department and municipalities
for the installation of high pressure piping.

An employee performing the duties of inspector for the department in regulating
pipefitting shall not receive time credit for the inspection duties when making an
application for a license required by this section.

Sec. 27.

Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2, is
amended to read:

Subd. 2.

High pressure pipefitting business license.

Before obtaining a permit
for high pressure piping work, a person must obtain or utilize a business with a high
pressure piping business license.

A person must have at all times as a full-time employee at least one individual
holding deleted text begin an individual deleted text end new text begin a new text end contracting high pressure pipefitter competency license. Only
full-time employees who hold deleted text begin individual deleted text end contracting high pressure pipefitter licenses
are authorized to obtain high pressure piping permits in the name of the business. The
deleted text begin individual deleted text end contracting high pressure pipefitter competency license holder can be the
employee of only one high pressure piping business at a time.

To retain its business license without reapplication, a person holding a high pressure
piping business license that ceases to employ an individual holding deleted text begin an individual deleted text end new text begin a new text end
contracting high pressure pipefitter competency license shall have 60 days from the last
day of employment of its previous deleted text begin individual deleted text end contracting pipefitter competency license
holder to employ another license holder. The department must be notified no later than
five days after the last day of employment of the previous license holder.

No high pressure pipefitting work may be performed during any period when the
high pressure pipefitting business does not have deleted text begin an individual deleted text end new text begin a new text end contracting high pressure
pipefitter competency license holder on staff. If a license holder is not employed within
60 days after the last day of employment of the previous license holder, the pipefitting
business license shall lapse.

The board shall prescribe by rule procedures for application for and issuance of
business licenses.

Sec. 28.

Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2a, is
amended to read:

Subd. 2a.

Registration requirement.

All unlicensed individuals, other than
pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure
piping business shall employ an unlicensed individual to assist in the practical construction
and installation of high pressure piping and appurtenances unless the unlicensed individual
is registered with the department. A pipefitter apprentice or registered unlicensed
individual employed by a high pressure piping business may assist in the practical
construction and installation of high pressure piping and appurtenances only while under
direct supervision of a licensed deleted text begin individual deleted text end contracting high pressure pipefitter or licensed
journeyman high pressure pipefitter employed by the same high pressure piping business.
The licensed deleted text begin individual deleted text end contracting high pressure pipefitter or licensed journeyman high
pressure pipefitter shall supervise no more than two pipefitter apprentices or registered
unlicensed individuals. The licensed deleted text begin individual deleted text end contracting high pressure pipefitter or
journeyman high pressure pipefitter is responsible for ensuring that all high pressure
piping work performed by the pipefitter apprentice or registered unlicensed individual
complies with Minnesota Statutes and Minnesota Rules.

The board shall make recommendations by October 1, 2008, to the chairs of
the standing committees of the senate and house of representatives having jurisdiction
over high pressure piping regulation on the ratio of licensed deleted text begin individual deleted text end contracting
high pressure pipefitters or licensed journeyman high pressure pipefitters to pipefitter
apprentices or registered unlicensed individuals for purposes of supervision.

Sec. 29.

Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2b, is
amended to read:

Subd. 2b.

Registration with commissioner.

An unlicensed individual may
register to assist in the practical construction and installation of high pressure piping
and appurtenances while in the employ of a licensed high pressure piping business by
completing and submitting to the commissioner a registration form provided by the
commissioner. The board deleted text begin of High Pressure Piping Systems deleted text end may prescribe rules, not
inconsistent with this section, for the registration of unlicensed individuals.

An unlicensed individual applying for initial registration shall pay the department an
application fee of $50. Applications for initial registration may be submitted at any time.
Registration must be renewed annually and shall be valid for one calendar year beginning
January 1. Applications for renewal registration must be submitted to the commissioner
before December 31 of each registration period on forms provided by the commissioner,
and must be accompanied by a fee of $50. There shall be no refund of fees paid.

Sec. 30.

Minnesota Statutes 2007 Supplement, section 326.48, subdivision 5, is
amended to read:

Subd. 5.

License fee.

The department shall charge the following license fees:

(a) application for journeyman high pressure deleted text begin piping deleted text end pipefitter competency license,
$120;

(b) renewal of journeyman high pressure deleted text begin piping deleted text end pipefitter competency license, $80;

(c) application for contracting high pressure deleted text begin piping deleted text end pipefitter competency license,
$270;

(d) renewal of contracting high pressure deleted text begin piping deleted text end pipefitter competency license, $240;

(e) application for high pressure piping business license, $450;

(f) application to inactivate a contracting high pressure deleted text begin piping deleted text end pipefitter competency
license or inactivate a journeyman high pressure deleted text begin piping deleted text end pipefitter competency license,
$40; and

(g) renewal of an inactive contracting high pressure deleted text begin piping deleted text end pipefitter competency
license or inactive journeyman high pressure deleted text begin piping deleted text end pipefitter competency license, $40.

If an application for renewal of an active or inactive journeyman high pressure
deleted text begin piping deleted text end pipefitter competency license or active or inactive contracting high pressure deleted text begin piping deleted text end new text begin
pipefitter new text end competency license is received by the department after the date of expiration of
the license, a $30 late renewal fee shall be added to the license renewal fee.

Payment must accompany the application for a license or renewal of a license. There
shall be no refund of fees paid.

Sec. 31.

Minnesota Statutes 2007 Supplement, section 326.50, is amended to read:

326.50 LICENSE APPLICATION AND RENEWAL.

Application for deleted text begin an individual deleted text end new text begin a new text end contracting high pressure pipefitter competency or deleted text begin an
individual deleted text end new text begin a new text end journeyman high pressure pipefitter competency license shall be made to the
department, with fees. The applicant shall be licensed only after passing an examination
developed and administered by the department in accordance with rules adopted by the
board. A competency license issued by the department shall expire on December 31 of
each year. A renewal application must be received by the department within one year
after expiration of the competency license. A license that has been expired for more
than one year cannot be renewed, and can only be reissued if the applicant submits a
new application for the competency license, pays a new application fee, and retakes and
passes the applicable license examination.

Sec. 32.

Minnesota Statutes 2007 Supplement, section 326.505, subdivision 1, is
amended to read:

Subdivision 1.

Composition.

(a) The Board of High Pressure Piping Systems
shall consist of 13 members. Twelve members shall be appointed by the governor with
the advice and consent of the senate and shall be voting members. Appointments of
members by the governor shall be made in accordance with section 15.066. If the senate
votes to refuse to consent to an appointment of a member made by the governor, the
governor shall appoint a new member with the advice and consent of the senate. One
member shall be the commissioner of labor and industry or the commissioner of labor and
industry's designee, who shall be a voting member. Of the 12 appointed members, the
composition shall be as follows:

(1) one member shall be a high pressure piping inspector;

(2) one member shall be a licensed mechanical engineer;

(3) one member shall be a representative of the high pressure piping industry;

(4) four members shall be new text begin contracting new text end high pressure deleted text begin piping contractors deleted text end new text begin pipefitters new text end
engaged in the deleted text begin scope deleted text end new text begin business new text end of high pressure piping, two from the metropolitan area
and two from greater Minnesota;

(5) two members shall be new text begin journeyman new text end high pressure deleted text begin piping journeymen deleted text end new text begin pipefitters new text end
engaged in the deleted text begin scope deleted text end new text begin business new text end of high pressure piping systems installation, one from the
metropolitan area and one from greater Minnesota;

(6) one member shall be a representative of industrial companies that use high
pressure piping systems in their industrial process;

(7) one member shall be a representative from utility companies in Minnesota; and

(8) one member shall be a public member as defined by section 214.02.

The high pressure piping inspector shall be appointed for a term to end December
31, 2011. The professional mechanical engineer shall be appointed for a term to end
December 31, 2010. The representative of the high pressure piping industry shall be
appointed for a term to end December 31, 2011. Two of the new text begin contracting new text end high pressure
deleted text begin piping contractors deleted text end new text begin pipefitters new text end shall be appointed for a term to end December 31, 2011. The
other two new text begin contracting new text end high pressure deleted text begin piping contractors deleted text end new text begin pipefitters new text end shall be appointed for a
term to end December 31, 2010. One of the new text begin journeyman new text end high pressure deleted text begin piping journeymen deleted text end new text begin
pipefitters new text end shall be appointed for a term to end December 31, 2011. The other new text begin journeyman
new text end high pressure deleted text begin piping journeyman deleted text end new text begin pipefitter new text end shall be appointed for a term to end December
31, 2010. The one representative of industrial companies that use high pressure piping
systems in their industrial process shall be appointed for a term to end December 31,
2010. The one representative of a utility company in Minnesota shall be appointed for
a term to end December 31, 2010. The public member shall be appointed for a term to
end December 31, 2010.

(b) The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of their term.
All other appointed members, except for the representative of the piping industry, the
representative of industrial companies that use high pressure piping systems, new text begin the public
member, new text end and the representative of public utility companies in Minnesota, must possess
a current high pressure piping license issued by the Department of Labor and Industry
and maintain that license for the duration of their term. All appointed members must be
residents of Minnesota at the time of and throughout the member's appointment. The term
of any appointed member that does not maintain membership qualification status shall
end on the date of status change and the governor shall appoint a new member. It is the
responsibility of the member to notify the board of the member's status change.

(c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and
consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
term. Vacancies occurring with less than six months time remaining in the term shall be
filled for the existing term and the following three-year term. Members may serve until
their successors are appointed but in no case later than July 1 in a year in which the term
expires unless reappointed.

Sec. 33.

Minnesota Statutes 2007 Supplement, section 326.505, subdivision 2, is
amended to read:

Subd. 2.

Powers; duties; administrative support.

(a) The board shall have the
power to:

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

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

(3) adopt the high pressure piping code that must be followed in this state and any
high pressure piping code amendments thereto. The board shall adopt the high pressure
piping code and any amendments thereto pursuant to chapter 14, and as provided in
subdivision 6, paragraphs (b), (c), and (d);

(4) review requests for final interpretations and issue final interpretations as provided
in section 16B.63, subdivision 5;

(5) except for rules regulating continuing education, adopt rules that regulate the
licensure or registration of high pressure piping contractors, journeymen, and other
persons engaged in the design, installation, and alteration of high pressure piping systems,
except for those individuals licensed under section 326.02, subdivisions 2 and 3. The
board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
6, paragraphs (e) and (f);

(6) advise the commissioner regarding educational requirements for high pressure
piping inspectors;

(7) refer complaints or other communications to the commissioner, whether oral or
written, as provided in subdivision deleted text begin 7 deleted text end new text begin 8 new text end that deleted text begin alleges deleted text end new text begin allege new text end or deleted text begin implies deleted text end new text begin imply new text end a violation of
a statute, rule, or order that the commissioner has the authority to enforce pertaining to
code compliance, licensure, or an offering to perform or performance of unlicensed high
pressure piping services;

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

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

(10) recommend the fees for licenses and deleted text begin certifications deleted text end new text begin registrations new text end ; and

(11) approve license reciprocity agreements.

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

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

(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant
to chapter 326B. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner of labor and industry shall
supply necessary office space and supplies to assist the board in its duties.

Sec. 34.

Minnesota Statutes 2007 Supplement, section 326.505, subdivision 8, is
amended to read:

Subd. 8.

Complaints.

(a) The board shall promptly forward to the commissioner
the substance of any complaint or communication it receives, whether written or oral, that
alleges or implies a violation of a statute, rule, or order that the commissioner has the
authority to enforce pertaining to the license or registration of any person authorized by
the department to provide high pressure piping services, the performance or offering to
perform high pressure piping services requiring licensure by an unlicensed person, or high
pressure new text begin piping new text end code compliance. Each complaint or communication that is forwarded to
the commissioner shall be submitted on a form provided by the commissioner.

(b) The commissioner shall advise the board of the status of the complaint within 90
days after the board's written submission is received, or within 90 days after the board
is provided with a written request for additional information or documentation from the
commissioner or the commissioner's designee, whichever is later. The commissioner shall
advise the board of the disposition of a complaint referred by the board within 180 days
after the board's written submission is received. The commissioner shall annually report to
the board a summary of the actions taken in response to complaints referred by the board.

Sec. 35.

Minnesota Statutes 2007 Supplement, section 326.62, is amended to read:

326.62 FEES.

deleted text begin Unless examination fees have been set by a contract under section 326B.05, deleted text end
Examination fees for both water conditioning contractors and water conditioning installers
shall be $50 for each examination. Each water conditioning contractor and installer
license shall expire on December 31 of the year for which it was issued. The license
fee for each initial water conditioning contractor's license shall be $70, except that the
license fee shall be $35 if the application is submitted during the last three months of the
calendar year. The license fee for each renewal water conditioning contractor's license
shall be $70. The license fee for each initial water conditioning installer license shall be
$35, except that the license fee shall be $17.50 if the application is submitted during the
last three months of the calendar year. The license fee for each renewal water conditioning
installer license shall be $35. The commissioner may by rule prescribe for the expiration
and renewal of licenses. Any licensee who does not renew a license within two years after
the license expires is no longer eligible for renewal. Such an individual must retake and
pass the examination before a new license will be issued. A water conditioning contractor
or water conditioning installer who submits a license renewal application after the time
specified in rule but within two years after the license expired must pay all past due
renewal fees plus a late fee of $25.

Sec. 36.

Minnesota Statutes 2007 Supplement, section 326.84, subdivision 1, is
amended to read:

Subdivision 1.

Persons required to be licensed.

A person who meets the definition
of a residential building contractor as defined in section 326.83, subdivision 15, must be
licensed as a residential building contractor by the commissioner. A person who meets the
definition of a residential remodeler as defined in section 326.83, subdivision 16, must be
licensed by the commissioner as a residential remodeler or residential building contractor.
A person who meets the definition of a residential roofer as defined in section 326.83,
subdivision 18, must be licensed by the commissioner as a residential roofer, residential
building contractor, or residential remodeler. A person who meets the definition of a
manufactured home installer as defined in section 327.31, subdivision deleted text begin 6 deleted text end new text begin 11 new text end , must be
licensed as a manufactured home installer by the commissioner.

Sec. 37.

Minnesota Statutes 2007 Supplement, section 326.86, subdivision 1, is
amended to read:

Subdivision 1.

Licensing fee.

The licensing fee for persons licensed pursuant to
sections 326.83 to 326.98 new text begin , except for manufactured home installers, new text end is $100 per year.
new text begin The licensing fee for manufactured home installers under section 326.841 is $300 for a
three-year period.
new text end

Sec. 38.

Minnesota Statutes 2007 Supplement, section 326.87, subdivision 5, is
amended to read:

Subd. 5.

Content.

(a) Continuing education consists of approved courses that
impart appropriate and related knowledge in the regulated industries pursuant to sections
326.83 to 326.98. new text begin Courses may include relevant materials that are included in licensing
exams subject to the limitations imposed in paragraph (e). new text end The burden of demonstrating
that courses impart appropriate and related knowledge is upon the person seeking approval
or credit.

(b) Course examinations will not be required for continuing education courses
unless they are required by the sponsor.

(c) Textbooks are not required to be used for continuing education courses. If
textbooks are not used, the coordinator must provide students with a syllabus containing,
at a minimum, the course title, the times and dates of the course offering, the names and
addresses or telephone numbers of the course coordinator and instructor, and a detailed
outline of the subject materials to be covered. Any written or printed material given to
students must be of readable quality and contain accurate and current information.

(d) Upon completion of an approved course, licensees shall earn one hour of
continuing education credit for each hour approved by the commissioner. Each continuing
education course must be attended in its entirety in order to receive credit for the number
of approved hours. Courses may be approved for full or partial credit, and for more than
one regulated industry.

Continuing education credit in an approved course shall be awarded to presenting
instructors on the basis of one credit for each hour of preparation for the initial presentation,
which may not exceed three hours total credit for each approved course. Continuing
education credit may not be earned if the licensee has previously obtained credit for the
same course as a licensee or as an instructor within the three years immediately prior.

(e) The following courses will not be approved for credit:

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

(2) courses in mechanical office or business skills, including typing, speed reading,
or other machines or equipment. Computer courses are allowed, if appropriate and related
to the regulated industry of the licensee;

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2008.
new text end

Sec. 39.

Minnesota Statutes 2007 Supplement, section 326.93, subdivision 4, is
amended to read:

Subd. 4.

Service on commissioner.

(a) When a person, including any nonresident
of this state, engages in conduct prohibited or made actionable by sections 326.83 to
326.98, or any rule or order under those sections, and the person has not consented to
service of process under subdivision 3, that conduct is equivalent to an appointment of the
commissioner and successors in office as the person's agent to receive service of process in
any noncriminal suit, action, or proceeding against the person that is based on that conduct
and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
with the same force and validity as if served personally on the person consenting to the
appointment of the commissioner and successors in office. Service under this section shall
be made in compliance with subdivision 5.

(b) Subdivision 5 applies in all other cases in which a person, including a nonresident
of this state, has filed a consent to service of process. This paragraph supersedes any
inconsistent provision of law.

(c) Subdivision 5 applies in all cases in which service of process is allowed to be
made on the commissioner.

deleted text begin (d) Subdivision 5 applies to any document served by the commissioner or the
department under section 326B.08.
deleted text end

Sec. 40.

Minnesota Statutes 2007 Supplement, section 326.94, subdivision 2, is
amended to read:

Subd. 2.

Insurance.

deleted text begin Licensees must have public liability insurance with limits of
at least $300,000 per occurrence, which must include at least $10,000 property damage
coverage. deleted text end new text begin Each licensee shall have and maintain in effect commercial general liability
insurance, which includes premises and operations insurance and products and completed
operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate
limit for bodily injury, and property damage insurance with limits of at least $25,000
or a policy with a single limit for bodily injury and property damage of $300,000 per
occurrence and $300,000 aggregate limits. new text end The insurance must be written by an insurer
licensed to do business in this state. new text begin Each licensee shall maintain on file with the
commissioner a certificate evidencing the insurance which provides that the insurance
shall not be canceled without the insurer first giving 15 days' written notice of cancellation
to the commissioner. new text end The commissioner may increase the minimum amount of insurance
required for any licensee or class of licensees if the commissioner considers it to be in the
public interest and necessary to protect the interests of Minnesota consumers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 41.

Minnesota Statutes 2007 Supplement, section 326.97, subdivision 1a, is
amended to read:

Subd. 1a.

Annual renewal.

Any license issued or renewed after August 1, 1993,
must be renewed annually new text begin except for a manufactured home installer's license which shall
have a renewal period of three years, effective for all renewals and new licenses issued
after December 31, 2008 new text end .

Sec. 42.

Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 8,
is amended to read:

Subd. 8.

Hearings related to administrative orders.

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

(b) new text begin Parties may submit written arguments if permitted by the administrative law
judge. new text end All written arguments must be submitted within ten days following the deleted text begin close deleted text end new text begin
completion new text end of the hearing new text begin or the receipt of any late-filed exhibits that the parties and the
administrative law judge have agreed should be received into the record, whichever is later new text end .
The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as
modified by this subdivision. The Office of Administrative Hearings may, in consultation
with the agency, adopt rules specifically applicable to cases under this section.

(c) The administrative law judge shall issue a report making findings of fact,
conclusions of law, and a recommended order to the commissioner within 30 days
following the deleted text begin close of the record deleted text end new text begin completion of the hearing, the receipt of late-filed
exhibits, or the submission of written arguments, whichever is later new text end .

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

(e) If a hearing has been held, the commissioner shall not issue a final order until
at least five days after the date of the administrative law judge's report. Any person
aggrieved by the administrative law judge's report may, within those five days, serve
written comments to the commissioner on the report and the commissioner shall consider new text begin
and enter new text end the comments new text begin in the record new text end . The commissioner's final order new text begin shall comply with
sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2, new text end may be appealed in the
manner provided in sections 14.63 to 14.69.

Sec. 43.

Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 10,
is amended to read:

Subd. 10.

Stop orders.

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

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

(c) The commissioner shall issue the stop work order by:

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

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

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

(d) A stop order shall:

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

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

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

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

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

Sec. 44.

Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 11,
is amended to read:

Subd. 11.

Licensing orders; grounds; reapplication.

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

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

(1) committed one or more violations of the applicable law;

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

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

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

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

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

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

(8) engaged in any fraudulent, deceptive, or dishonest act or practice; or

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

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

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

Sec. 45.

Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 12,
is amended to read:

Subd. 12.

Issuance of licensing orders; hearings related to licensing orders.

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

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

(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
the commissioner issues an order under paragraph (a) shall have 30 days after service of
the order to request a hearing. The request for hearing must be in writing and must be
served on or faxed to the commissioner at the address or fax number specified in the order
by the 30th day after service of the order. If the person does not request a hearing or if
the person's written request for hearing is not served on or faxed to the commissioner
by the 30th day after service of the order, the order shall become a final order of the
commissioner and will not be subject to review by any court or agency. The date on which
a request for hearing is served by mail shall be the postmark date on the envelope in which
the request for hearing is mailed. If the person submits to the commissioner a timely
request for hearing, new text begin the order is stayed unless the commissioner summarily suspends the
license, registration, certificate, or permit under subdivision 13, and new text end a contested case
hearing shall be held in accordance with chapter 14.

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

Sec. 46.

Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 13,
is amended to read:

Subd. 13.

Summary suspension.

In any case where the commissioner has
issued an order to revoke new text begin , new text end deleted text begin or deleted text end suspend new text begin , or deny new text end a license, registration, certificate, or
permit under deleted text begin subdivision deleted text end new text begin subdivisions 11, paragraph (b), and new text end 12, the commissioner may
summarily suspend the person's permit, license, registration, or certificate before the
order becomes final. The commissioner shall issue a summary suspension order when
the safety of life or property is threatened or to prevent the commission of fraudulent,
deceptive, untrustworthy, or dishonest acts against the public. The summary suspension
shall not affect the deadline for submitting a request for hearing under subdivision 12.
If the commissioner summarily suspends a person's permit, license, registration, or
certificate, a timely request for hearing submitted under subdivision 12 shall also be
considered a timely request for hearing on continuation of the summary suspension. If the
commissioner summarily suspends a person's permit, license, registration, or certificate
under this subdivision and the person submits a timely request for a hearing, then a
hearing on continuation of the summary suspension must be held within ten days after the
commissioner receives the request for hearing unless the parties agree to a later date.

Sec. 47.

Minnesota Statutes 2007 Supplement, section 326B.083, subdivision 3,
is amended to read:

Subd. 3.

Penalty.

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

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

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

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

(3) If the commissioner determines that the person to whom the order was issued has
failed to correct the violation within the time set by the order or has failed to develop a
correction plan acceptable to the commissioner within the time set by the order, then the
forgivable portion of the penalty is due and payable deleted text begin ten deleted text end new text begin 20 new text end days after the commissioner
serves notice of the determination on the person or on the date the administrative order
becomes final, whichever is later.

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

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

Sec. 48.

Minnesota Statutes 2007 Supplement, section 326B.42, is amended by adding
a subdivision to read:

new text begin Subd. 7. new text end

new text begin Plumber's apprentice. new text end

new text begin A "plumber's apprentice" is any individual, other
than a master, restricted master, journeyman, or restricted journeyman plumber who, as
a principal occupation, is engaged in working as an employee of a plumbing contractor
under the direct supervision of a master, restricted master, journeyman, or restricted
journeyman plumber and is learning and assisting in the installation of plumbing.
new text end

Sec. 49.

Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 5, is
amended to read:

Subd. 5.

Payment limitations.

Except as otherwise provided in this section,
the commissioner shall not pay compensation from the fund to an owner or a lessee
in an amount greater than $75,000. Except as otherwise provided in this section, the
commissioner shall not pay compensation from the fund to owners and lessees in an
amount that totals more than $150,000 per licensee. The commissioner shall not pay
compensation from the fund for a final judgment based on a cause of action that arose
before the commissioner's receipt of the licensee's fee required by subdivision 3. new text begin The
commissioner shall only pay compensation from the fund for a final judgment that is
based on a contract directly between the licensee and the homeowner or lessee that was
entered into prior to the cause of action and that requires licensure as a residential building
contractor or residential remodeler.
new text end

Sec. 50.

Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 6, is
amended to read:

Subd. 6.

Verified application.

To be eligible for compensation from the fund, an
owner or lessee shall serve on the commissioner a verified application for compensation
on a form approved by the commissioner. The application shall verify the following
information:

(1) the specific grounds upon which the owner or lessee seeks to recover from
the fund:

(2) that the owner or the lessee has obtained a final judgment in a court of competent
jurisdiction against a licensee licensed under section 326B.803;

(3) that the final judgment was obtained against the licensee on the grounds
of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
performance that arose directly out of a deleted text begin transaction deleted text end new text begin contract directly between the licensee
and the homeowner or lessee that was entered into prior to the cause of action and new text end
that occurred when the licensee was licensed and performing any of the special skills
enumerated under section 326B.802, subdivision 19;

(4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
the owner's residential real estate, on residential real estate leased by the lessee, or on new
residential real estate that has never been occupied or that was occupied by the licensee
for less than one year prior to purchase by the owner;

(5) that the residential real estate is located in Minnesota;

(6) that the owner or the lessee is not the spouse of the licensee or the personal
representative of the licensee;

(7) the amount of the final judgment, any amount paid in satisfaction of the final
judgment, and the amount owing on the final judgment as of the date of the verified
application; deleted text begin and
deleted text end

new text begin (8) that the owner or lessee has diligently pursued remedies against all the judgment
debtors and all other persons liable to the judgment debtor in the contract for which the
owner or lessee seeks recovery from the fund; and
new text end

deleted text begin (8) deleted text end new text begin (9) new text end that the verified application is being served within two years after the
judgment became final.

The owner's and the lessee's actual and direct out-of-pocket loss shall not include
attorney fees, new text begin litigation costs or fees, new text end interest on the loss, and interest on the final judgment
obtained as a result of the loss. new text begin Any amount paid in satisfaction of the final judgment shall
be applied to the owner's or lessee's actual and direct out-of-pocket loss. new text end An owner or
lessee may serve a verified application regardless of whether the final judgment has been
discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
on the judgment have either been pursued and concluded or been forgone, including all
reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
in common are deemed to be a single owner. For purposes of this section, owners and
lessees eligible for payment of compensation from the fund shall not include government
agencies, political subdivisions, financial institutions, and any other entity that purchases,
guarantees, or insures a loan secured by real estate.

Sec. 51.

Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 12,
is amended to read:

Subd. 12.

Limitation.

new text begin Notwithstanding subdivision 5, new text end nothing may obligate the
fund deleted text begin to compensate deleted text end new text begin for claims brought by new text end :

(1) insurers or sureties under subrogation or similar theories; or

(2) deleted text begin an owner deleted text end new text begin owners new text end of residential property deleted text begin for final judgments against a prior owner
of the residential property deleted text end new text begin where the contracting activity complained of was the result of
a contract entered into with a prior owner, new text end unless the claim is brought and judgment is
rendered for breach of the statutory warranty set forth in chapter 327A.

Sec. 52.

Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 14,
is amended to read:

Subd. 14.

Accelerated compensation.

(a) Payments made from the fund to
compensate owners and lessees that do not exceed the jurisdiction limits for conciliation
court matters as specified in section 491A.01 may be paid on an accelerated basis if all of
the following requirements in paragraphs (b) and (c) have been satisfied.

(b) The owner or the lessee has served upon the commissioner a verified application
for compensation that complies with the requirements set out in subdivision 6 and the
commissioner determines based on review of the application that compensation should be
paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
loss in the transaction, minus attorney fees, new text begin litigation costs or fees, new text end interest on the loss and
on the judgment obtained as a result of the loss, and any satisfaction of the judgment, and
make payment to the owner or the lessee up to the conciliation court jurisdiction limits
within deleted text begin 15 deleted text end new text begin 45 new text end days after the owner or lessee serves the verified application.

(c) The commissioner may pay compensation to owners or lessees that totals not
more than $50,000 per licensee per fiscal year under this accelerated process. The
commissioner may prorate the amount of compensation paid to owners or lessees under
this subdivision if applications submitted by owners and lessees seek compensation in
excess of $50,000 against a licensee. Any unpaid portion of a verified application that
has been prorated under this subdivision shall be satisfied in the manner set forth in
subdivision 9.

Sec. 53.

Minnesota Statutes 2006, section 327.32, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

No person shall sell, or offer for sale, in this state,
any manufactured home manufactured after July 1, 1972, manufacture any manufactured
home in this state or deleted text begin park deleted text end new text begin install for occupancy new text end any manufactured home manufactured
after July 1, 1972, in any manufactured home park in this state unless the manufactured
home complies with the Manufactured Home Building Code and:

(a) Bears a seal issued by the commissioner, and is, whenever possible, accompanied
by a certificate by the manufacturer or dealer, both evidencing that it complies with the
Manufactured Home Building Code; or

(b) If manufactured after June 14, 1976, bears a label as required by the secretary.

Sec. 54.

Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Construction seal fees. new text end

new text begin Replacement manufactured home or accessory
structure construction seal fees, including certificates, are $30 per seal.
new text end

Sec. 55.

Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Installation seal fees. new text end

new text begin Manufactured home installation seal fees,
including anchoring and support and including certificates, are $80.
new text end

Sec. 56.

Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Temporary installation certificate fees. new text end

new text begin A temporary certificate fee
is $2 per certificate.
new text end

Sec. 57.

Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Label fee. new text end

new text begin The United States Department of Housing and Urban
Development label fee shall be paid by the manufacturer to the secretary.
new text end

Sec. 58.

Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision
to read:

new text begin Subd. 2e. new text end

new text begin Seal order shipping and handling fee. new text end

new text begin The shipping and handling fee
for each order of seals is the current postage rate plus a $3 handling fee.
new text end

Sec. 59.

Minnesota Statutes 2006, section 327A.04, subdivision 2, is amended to read:

Subd. 2.

Modification.

At any time after a contract for the sale of a dwelling is
entered into by and between a vendor and a vendee or a contract for home improvement
work is entered into by and between a home improvement contractor and an owner, any of
the statutory warranties provided for in section 327A.02 may be excluded or modified only
by a written instrument, printed in boldface type of a minimum size of ten points, which is
signed by the vendee or the owner and which sets forth in detail the warranty involved, the
consent of the vendee or the owner, and the terms of the new agreement contained in the
writing. No exclusion or modification shall be effective unless the vendor or the home
improvement contractor provides substitute express warranties offering substantially the
same protections to the vendee or the owner as the statutory warranties set forth in section
327A.02. Any modification or exclusion agreed to by vendee and vendor or the owner and
home improvement contractor pursuant to this subdivision shall not require the approval
of the commissioner of deleted text begin administration deleted text end new text begin labor and industry new text end pursuant to section 327A.07.

Sec. 60.

Minnesota Statutes 2006, section 327A.07, is amended to read:

327A.07 VARIATIONS.

The commissioner of deleted text begin administration deleted text end new text begin labor and industry new text end may approve pursuant to
sections 14.05 to 14.28, variations from the provisions of sections 327A.02 and 327A.03
if the warranty program of the vendor or the home improvement contractor requesting
the variation offers at least substantially the same protections to the vendee or owner as
provided by the statutory warranties set forth in section 327A.02.

Sec. 61.

Minnesota Statutes 2007 Supplement, section 327B.04, subdivision 4, is
amended to read:

Subd. 4.

License prerequisites.

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

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

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

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

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

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

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

Sec. 62.

Minnesota Statutes 2006, section 327B.06, subdivision 1, is amended to read:

Subdivision 1.

Retention.

A dealer shall retain for deleted text begin three deleted text end new text begin five new text end years copies of all
listings, deposit receipts, credit applications, contracts, disclosure forms, canceled checks,
trust account records and other documents reasonably related to carrying on the business
of a dealer. The retention period shall run from the date of the closing of the transaction or
from the date of the listing if the transaction is not consummated.

Sec. 63.

Laws 2007, chapter 140, article 4, section 12, is amended to read:

Sec. 12.

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

16B.65 BUILDING OFFICIALS.

Subdivision 1.

Designation.

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

Subd. 2.

Qualifications.

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

Subd. 3.

Certification.

The commissioner shall by rule establish certification
criteria as proof of qualification pursuant to subdivision 2. The commissioner may:

(1) develop and administer written and practical examinations to determine if a
person is qualified pursuant to subdivision 2 to be a building official;

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

(3) determine qualifications by satisfactory completion of clause (2) and a mandatory
training program developed or approved by the commissioner.

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

Subd. 4.

Duties.

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

deleted text begin Subd. 5. deleted text end

deleted text begin Oversight committee. deleted text end

deleted text begin (a) The commissioner shall establish a Code
Administration Oversight Committee that will, at the commissioner's request, recommend
to the commissioner appropriate action pursuant to section 326B.82, in response to
information received or obtained by the commissioner that supports a finding that: (1)
an individual has engaged in, or is about to engage in, the unauthorized performance of
the duties of a certified building official or the unauthorized use of the certified building
official title; or (2) a certified building official has violated a statute, rule, stipulation,
agreement, settlement, compliance agreement, cease and desist agreement, or order that
the commissioner has adopted, issued, or has the authority to enforce and that is related to
the duties of a certified building official.
deleted text end

deleted text begin (b) The committee shall consist of six members. One member shall be the
commissioner's designee and five members shall be certified building officials who are
appointed by the commissioner. At least two of the appointed certified building officials
must be from nonmetropolitan counties. For the committee members who are not state
officials or employees, their compensation and removal from the oversight committee is
governed by section 15.059. The commissioner's designee shall serve as the chair of
the oversight committee and shall not vote. The terms of the appointed members of the
oversight committee shall be four years. The terms of three of the appointed members
shall be coterminous with the governor and the terms of the remaining two appointed
members shall end on the first Monday in January one year after the terms of the other
appointed members expire. An appointed member may be reappointed. The committee is
not subject to the expiration provisions of section 15.059, subdivision 5.
deleted text end

deleted text begin (c) If the commissioner determines that an individual has engaged in the
unauthorized performance of the duties of a certified building official or the unauthorized
use of the certified building official title, or that a certified building official has violated a
statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist
agreement, or order that the commissioner has adopted, issued, or is authorized to enforce
that is related to the duties of a certified building official, the commissioner may take
administrative actions against the individual pursuant to section 326B.082, subdivisions
7 and 11.
deleted text end

Subd. 5b.

Grounds.

In addition to the grounds set forth in section 326B.082,
subdivision 11, the commissioner may deny, suspend, limit, place conditions on, or
revoke a certificate, or may censure an applicant or individual holding a certificate, if the
applicant or individual:

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

(2) engages in fraud, deceit, or misrepresentation while performing the duties of a
certified building official.

Nothing in this subdivision limits or otherwise affects the authority of a municipality
to dismiss or suspend a building official at its discretion, except as otherwise provided
for by law.

Subd. 5c.

Action against unlicensed persons.

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

Subd. 6.

Vacancies.

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

Subd. 7.

Continuing education.

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

Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner to retain
certification.

Subd. 8.

Renewal.

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

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

Subd. 9.

Expiration.

All certificates expire at 11:59:59 p.m. central time on the
date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).

Subd. 10.

Failure to renew.

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

EFFECTIVE DATE.

This section is effective July 1, 2007.

Sec. 64. new text begin REVISOR'S INSTRUCTION.
new text end

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

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 16B.655 new text end	new text begin 326B.135 new text end
	new text begin 326.01, subdivision 4a new text end	new text begin 326B.31, subdivision 4a new text end
	new text begin 326.01, subdivision 4b new text end	new text begin 326B.31, subdivision 4b new text end
	new text begin 326.01, subdivision 4c new text end	new text begin 326B.31, subdivision 4c new text end
	new text begin 326.01, subdivision 4d new text end	new text begin 326B.31, subdivision 4d new text end
	new text begin 326.01, subdivision 4e new text end	new text begin 326B.31, subdivision 4e new text end
	new text begin 326.01, subdivision 7 new text end	new text begin 326B.42, subdivision 5 new text end
	new text begin 326.01, subdivision 8 new text end	new text begin 326B.42, subdivision 6 new text end
	new text begin 326.3705 new text end	new text begin 326B.435 new text end
	new text begin 326.371 new text end	new text begin 326B.439 new text end
	new text begin 326.401 new text end	new text begin 326B.474 new text end
	new text begin 326.402 new text end	new text begin 326B.475 new text end
	new text begin 326.505 new text end	new text begin 326B.925 new text end

new text begin (b) Notwithstanding the repeal of Minnesota Statutes 2006, section 16B.76, in Laws
2007, chapter 133, article 2, section 13, the revisor shall give effect to the revisor's
instruction in Laws 2007, chapter 140, article 4, section 61, to renumber Minnesota
Statutes, section 16B.76, as section 326B.07, by including the language of Minnesota
Statutes, section 16B.76, as amended by Laws 2007, chapter 140, article 4, section 27,
in Minnesota Statutes, section 326B.07.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 65. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 16B.69, new text end new text begin new text end new text begin Minnesota Statutes 2007 Supplement,
sections 326.2411; 326.372; and 326.471, new text end new text begin new text end new text begin Laws 2007, chapter 9, section 1; Laws 2007,
chapter 135, article 4, sections 2; 8; Laws 2007, chapter 135, article 6, section 3; Laws
2007, chapter 140, article 12, section 9; new text end new text begin and Minnesota Rules, part 3800.3510, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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