SF 2089

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; appropriating money for jobs, economic
development, and housing; establishing and modifying certain programs;
providing for regulation of certain activities and practices; providing for accounts,
assessments, and fees; providing penalties; amending Minnesota Statutes 2006,
sections 13.7931, by adding a subdivision; 16B.61, subdivision 1a; 16B.63,
subdivision 5; 16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 116J.551,
subdivision 1; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575,
subdivisions 1, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision;
116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision
1; 116L.666, subdivision 1; 116M.18, subdivision 6a; 154.003; 177.27,
subdivisions 1, 4, 8, 9, 10; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3,
4, 6, by adding a subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041,
subdivision 1; 179A.04, subdivision 3; 181.932, subdivision 1; 181.935;
182.65, subdivision 2; 190.096; 268.085, subdivision 3; 268.196, by adding
a subdivision; 268A.01, subdivision 13, by adding a subdivision; 268A.085,
subdivision 1; 268A.15, by adding a subdivision; 298.22, subdivision 2; 298.227;
325E.37, subdivision 6; 326.01, subdivision 6g; 326.242, subdivisions 3d, 5,
8, 11, by adding a subdivision; 326.2441; 326.37, subdivision 1, by adding a
subdivision; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.405;
326.42, subdivision 1; 326.46; 326.47, subdivision 2; 326.48, subdivisions 1,
2, by adding a subdivision; 326.50; 326.975, subdivision 1; 326.992; 327.33,
subdivisions 2, 6; 327B.04, subdivision 7; 341.21, by adding a subdivision;
341.22; 341.25; 341.27; 341.28, subdivision 2, by adding a subdivision; 341.32,
subdivision 2; 341.321; 462.39, by adding a subdivision; 462A.21, subdivision
8b; 462A.33, subdivision 3; 469.021; 469.334; 471.471, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 116O; 154; 179; 181; 181A;
182; 325E; 326; proposing coding for new law as Minnesota Statutes, chapter
326B; repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4;
16C.18, subdivision 2; 176.042; 183.375, subdivision 5; 183.545, subdivision 9;
268.035, subdivision 9; 326.241; 326.44; 326.45; 326.52; 326.64; 326.975.

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

ARTICLE 1

JOBS, ECONOMIC DEVELOPMENT, HOUSING AND MINNESOTA
HERITAGE APPROPRIATIONS SUMMARY

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

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

		new text begin 2008 new text end		new text begin 2009 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 221,903,000 new text end	new text begin $ new text end	new text begin 147,158,000 new text end	new text begin $ new text end	new text begin 369,061,000 new text end
new text begin Workforce Development new text end		new text begin 16,259,000 new text end		new text begin 16,274,000 new text end		new text begin 32,533,000 new text end
new text begin Remediation new text end		new text begin 700,000 new text end		new text begin 700,000 new text end		new text begin 1,400,000 new text end
new text begin Workers' Compensation new text end		new text begin 22,736,000 new text end		new text begin 23,074,000 new text end		new text begin 45,810,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 261,598,000 new text end	new text begin $ new text end	new text begin 187,206,000 new text end	new text begin $ new text end	new text begin 448,804,000 new text end

Sec. 2. new text begin JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2008" and "2009" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
June 30, 2007, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2008 new text end		new text begin 2009 new text end

Sec. 3. new text begin EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 110,772,000 new text end

new text begin $ new text end

new text begin 63,656,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 94,577,000 new text end	new text begin 47,461,000 new text end
new text begin Remediation new text end	new text begin 700,000 new text end	new text begin 700,000 new text end
new text begin Workforce Development new text end	new text begin 15,495,000 new text end	new text begin 15,495,000 new text end

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

new text begin Subd. 2. new text end new text begin Business and Community Development new text end

new text begin 57,389,000 new text end

new text begin 10,431,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 56,689,000 new text end	new text begin 9,731,000 new text end
new text begin Remediation new text end	new text begin 700,000 new text end	new text begin 700,000 new text end

new text begin (a) (1) $1,250,000 the first year and $250,000
the second year are from the general fund
for a grant under Minnesota Statutes,
section 116J.421, to the Rural Policy and
Development Center at St. Peter, Minnesota.
The grant shall be used for research and
policy analysis on emerging economic and
social issues in rural Minnesota, to serve as
a policy resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions to
provide interdisciplinary team approaches
to research and problem-solving in rural
communities, and to administer overall
operations of the center.
new text end

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

new text begin (3) Of the amount appropriated in the first
year, $1,000,000 is for deposit in the rural
policy and development center fund under
section 116J.422 as an endowment for the
center. This is a onetime appropriation and is
available until expended. This endowment is
not subject to the match requirements under
paragraph (2).
new text end

new text begin (b) $250,000 the first year and $250,000
the second year are from the general fund
for a grant to WomenVenture for women's
business development programs.
new text end

new text begin (c) $500,000 the first year is for a grant to
University Enterprise Laboratories (UEL)
for its direct and indirect expenses to support
efforts to encourage the growth of early-stage
and emerging bioscience companies. UEL
must provide a report by June 30 each year
to the commissioner on the expenditures
until the appropriation is expended. This is a
onetime appropriation and is available until
expended.
new text end

new text begin (d) $1,650,000 the first year is for grants
under Minnesota Statutes, section 116J.571,
for the redevelopment grant program. This is
a onetime appropriation.
new text end

new text begin (e) $100,000 the first year and $100,000 the
second year are to help small businesses
access federal funds through the federal
Small Business Innovation Research Program
and the federal Small Business Technology
Transfer Program. Department services
must include maintaining connections to
11 federal programs, assessment of specific
funding opportunities, review of funding
proposals, referral to specific consulting
services, and training workshops throughout
the state. Unless prohibited by federal law,
the department must implement fees for
services that help companies seek federal
Phase II Small Business Innovation Research
grants. The recommended fee schedule
must be reported to the chairs of the house
of representatives finance committee and
senate budget division with jurisdiction over
economic development by February 1, 2008.
new text end

new text begin (f) $100,000 the first year and $100,000
the second year are appropriated to the
Public Facilities Authority for the small
community wastewater treatment program
under Minnesota Statutes, chapter 446A.
new text end

new text begin (g) $410,000 the first year and $155,000
the second year are from the general fund
for a grant to the Metropolitan Economic
Development Association for continuing
minority business development programs in
the metropolitan area.
new text end

new text begin (h) $85,000 the first year and $85,000 the
second year are for grants to the Minnesota
Inventors Congress. Of this amount, $10,000
each year is for the Student Inventors
Congress.
new text end

new text begin (i) $151,000 the first year is for a onetime
grant to the city of Faribault to design,
construct, furnish, and equip renovations to
accommodate handicapped accessibility at
the Paradise Center for the Arts.
new text end

new text begin (j) $1,000,000 each year is to Minnesota
Technology, Inc. for the small business
growth acceleration program established
under Minnesota Statutes, section .
This is a onetime appropriation.
new text end

new text begin (k) $300,000 the first year is for a onetime
grant to the city of Northome for the
construction of a new municipal building to
replace the structures damaged by fire on
July 22, 2006. This appropriation is available
when the commissioner determines that a
sufficient match is available from nonstate
sources to complete the project.
new text end

new text begin (l) $250,000 the first year and $250,000
the second year are for a technology and
commercialization unit established in this
act. This is a onetime appropriation and is
available until expended.
new text end

new text begin (m) $300,000 the first year is for a grant to the
city of Worthington for an agricultural-based
bioscience training and testing center. Funds
appropriated under this section must be used
to provide a training and testing facility for
incubator firms developing new agricultural
processes and products. This is a onetime
appropriation and is available until expended.
new text end

new text begin (n) $2,000,000 the first year is for a onetime
grant to BioBusiness Alliance of Minnesota
for bioscience business development
programs to promote and position the state
as a global leader in bioscience business
activities. These funds may be used for:
new text end

new text begin (1) completion and periodic updating of
a statewide bioscience business industry
assessment of business technology
enterprises and Minnesota's competitive
position employing annual updates to federal
industry classification data;
new text end

new text begin (2) long-term strategic planning that includes
projections of market changes resulting
from developments in biotechnology and the
development of 20-year goals, strategies, and
identified objectives for renewable energy,
medical devices, biopharma, and biologics
business development in Minnesota;
new text end

new text begin (3) the design and construction of a
Minnesota focused bioscience business
model to test competing strategies and
scenarios, evaluate options, and forecast
outcomes; and
new text end

new text begin (4) creation of a bioscience business
resources network that includes development
of a statewide bioscience business economic
development framework to encourage
bioscience business development and
encourage spin-off activities, attract
bioscience business location or expansion in
Minnesota, and establish a local capability to
support strategic system level planning for
industry, government, and academia.
new text end

new text begin This appropriation is available until June 30,
2009.
new text end

new text begin (o) $325,000 is for a grant to the Walker
Area Community Center, Inc., to construct,
furnish, and equip the Walker Area
Community Center. This appropriation is
not available until the commissioner has
determined that an amount sufficient to
complete the project has been committed
from nonstate sources. This is a onetime
appropriation and is available until expended.
new text end

new text begin (p) $100,000 the first year is for a grant
to the Pine Island Economic Development
Authority for predesign to upgrade and
extend utilities to serve Elk Run Bioscience
Research Park and The Falls - Healthy
Living By Nature, an integrated medicine
facility. This is a onetime appropriation and
is available until expended.
new text end

new text begin (q) $350,000 the first year is for a grant
to Thomson Township for infrastructure
improvements for the industrial park. This
is a onetime appropriation and is available
until expended.
new text end

new text begin (r) $75,000 the first year is for a grant to
Le Sueur County for the cost of cleaning
up debris from lakes in Le Sueur County,
caused by the August 24, 2006, tornado in
southern Le Sueur County. This is a onetime
appropriation and is available until expended.
new text end

new text begin (s) $75,000 the first year is for a grant to
the city of Warroad for new public facilities
to replace those damaged or destroyed
by the August 2006 tornado, including
approximately 28 new street lights and
underground electrical circuits and a new
fish cleaning house. This is a onetime
appropriation and is available until expended.
new text end

new text begin (t) $500,000 the first year is for a grant to
the Upper Sioux Community to improve the
current water system to ensure continuity
of service to the entire population of the
community and to meet the demands of the
community expansion over the next 20 years.
The is a onetime appropriation and is not
available until the Public Facilities Authority
has determined that at least $1,000,000 has
been committed from nonstate sources. This
appropriation is available until expended.
new text end

new text begin (u) $1,500,000 the second year is for
bioscience business development and
commercialization grants. The commissioner
shall designate an evaluation team to accept
grant applications, review and evaluate
grant proposals, and select up to five grant
proposals to receive funding each year.
The evaluation team shall be comprised
of not more than 12 members including:
the commissioner or the commissioner's
designee; representatives of bioscience
businesses; public and private institutions
of higher education; private investment
companies; a nonprofit entity that qualifies as
a 501(c)6 under the Internal Revenue Code
and is a trade association representing the
life sciences industry; and a bio business
alliance that qualifies as a 501(c)3 under the
Internal Revenue Code. The criteria used
by the evaluation team in evaluating grant
proposals must include, but is not limited
to: the potential to create and sustain jobs
within the state of Minnesota; the potential
for long-term business activity, growth,
and expansion in Minnesota; the level of
technological maturity; the potential to attract
private investment; and the availability and
readiness of markets. The commissioner
must report to the standing committees of
the house of representatives and the senate
having jurisdiction over bioscience and
technology issues by February 1 each year
on the number, type, and amounts of grants
awarded and the activities of the grant
recipients. This is a onetime appropriation
and is available until expended.
new text end

new text begin All data contained in a grant application
and evaluations of a grant application are
classified as nonpublic data, as defined in
section 13.02, subdivision 9, or private data
on individuals, as defined in section 13.02,
subdivision 12. The grant applicant's name,
address, and amount requested are classified
as public data. When a grant is approved, the
commissioner shall release the following in a
manner that does not disclose the nonpublic
or private data: a description of the problem
presented by the applicant, how the applicant
proposes to resolve the problem, and for
what the grant will be used.
new text end

new text begin The commissioner may share nonpublic
or private data contained in a grant
application with the grant evaluation team
and outside experts consulted by the grant
evaluation team. Prior to sharing the data,
the commissioner must obtain a signed
nondisclosure agreement from each member
of the grant evaluation team and any outside
expert providing consultation to the team.
The nondisclosure agreement must prohibit
the use or dissemination of any of the
nonpublic or private data outside of the grant
evaluation process.
new text end

new text begin The grant evaluation team and any outside
experts consulted by the grant evaluation
team are subject to the penalties and remedies
provided in sections 13.08 and 13.09.
new text end

new text begin (v) $755,000 the first year is for the urban
challenge grant program under Minnesota
Statutes, section 116M.18. This is a onetime
appropriation.
new text end

new text begin (w) $1,200,000 is for a grant to the
Neighborhood Development Center for
assistance necessary to retain minority
business enterprises at the Global Market.
This is a onetime appropriation and is
available until expended.
new text end

new text begin (x) $300,000 the first year is to develop and
operate a bioscience business marketing
program to market Minneota bioscience
businesses and business opportunities
to other states and other countries. The
bioscience business marketing program must
emphasize bioscience business location and
expansion opportunities in communities
outside of the seven-county metropolitan
area as defined in Minnesota Statutes,
section 473.121, subdivision 2, that have
established collaborative plans among two
or more municipal units for bioscience
business activities, and that are within 15
miles of a four-year, baccalaureate degree
granting institution or a two-year technical
or community college that offers bioscience
curricula. The commissioner must report
to the committees of the senate and house
of representatives having jurisdiction
over bioscience and technology issues by
February 1 of each year on the expenditures
of these funds and the promotional activities
undertaken to market the Minnesota
bioscience industry to persons outside of the
state. This is a onetime appropriation and is
available until expended.
new text end

new text begin (y) $250,000 the first year is for the purposes
of the nanotechnology development fund
program (NDF) established in article 8,
section 8. This is a onetime appropriation.
new text end

new text begin (z) $50,000 the first year is for a contract
with a public higher education institution
in Minnesota jointly entered into with the
Center for Rural Development to study the
needs of the renewable energy economy for
trained employees and the training required
for those employees. The study must include
extensive consultation and involvement of
representatives of the renewable energy
industry, environmental interests, labor, the
University of Minnesota, and the Minnesota
State Colleges and Universities. The
commissioner shall report the results of the
study to the chairs of the finance divisions
of the legislature with jurisdiction over
economic development, energy, and higher
education by November 1, 2007. This is a
onetime appropriation.
new text end

new text begin (aa) $700,000 the first year is for a onetime
grant to the city of Inver Grove Heights
to reduce debt on the Inver Grove Heights
Veterans Memorial Community Center.
new text end

new text begin (bb) $31,350,000 the first year is for the
Minnesota minerals 21st century fund created
in Minnesota Statutes, section 116J.423, to
partially restore the money unallotted by the
commissioner of finance in 2003 pursuant
to Minnesota Statutes, section 16A.152.
This appropriation may be used as provided
in Minnesota Statutes, section 116J.423,
subdivision 2. This appropriation is available
until expended.
new text end

new text begin (cc) $5,400,000 the first year is for a grant to
the city of St. Paul to be used to pay, redeem,
or refund debt service costs incurred for the
River Centre Campus.
new text end

new text begin (dd) $189,000 each year is appropriated from
the general fund to the commissioner of
employment and economic development for
grants of $63,000 to eligible organizations
each year and for the purposes of this
paragraph. Each state grant dollar must be
matched with $1 of nonstate funds. Any
balance in the first year does not cancel but is
available in the second year.
new text end

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

new text begin Subd. 3. new text end new text begin Workforce Development new text end

new text begin 50,374,000 new text end

new text begin 50,183,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 34,879,000 new text end	new text begin 34,688,000 new text end
new text begin Workforce Development new text end	new text begin 15,495,000 new text end	new text begin 15,495,000 new text end

new text begin (a) $6,785,000 the first year and $6,785,000
the second year are from the general fund
for the Minnesota job skills partnership
program under Minnesota Statutes, sections
to 116L.17. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it. This
appropriation does not cancel.
new text end

new text begin (b) $455,000 the first year and $455,000 the
second year are from the general fund for
a grant under Minnesota Statutes, section
, to Twin Cities RISE! to provide
training to hard-to-train individuals.
new text end

new text begin (c) $1,375,000 each year is from
the workforce development fund for
Opportunities Industrialization Center
programs.
new text end

new text begin (d) $5,614,000 each year is from the general
fund and $6,920,000 each year is from the
workforce development fund for extended
employment services for persons with
severe disabilities or related conditions under
Minnesota Statutes, section 268A.15. Of this,
$125,000 each year and in the base for fiscal
years 2010 and 2011 is to supplement funds
paid for wage incentives for the community
support fund established in Minnesota Rules,
part 3300.2045.
new text end

new text begin (e) $1,650,000 the first year and $1,650,000
the second year are from the general fund for
grants for programs that provide employment
support services to persons with mental
illness under Minnesota Statutes, sections
and 268A.14. Up to $77,000 each
year may be used for administrative and
salary expenses.
new text end

new text begin (f) $2,440,000 the first year and $2,440,000
the second year are from the general
fund for grants under Minnesota Statutes,
section , for the eight centers for
independent living. Money not expended the
first year is available the second year.
new text end

new text begin The commissioner must:
new text end

new text begin (1) transfer $115,000 of federal independent
living Part B rehabilitation services funds
to the Minnesota Centers for Independent
Living each year contingent upon the
availability of federal funds under Title VII,
Part B, of the Federal Rehabilitation Act of
1973 as amended under United States Code,
title 29, section 711(c), and approved by the
Statewide Independent Living Council;
new text end

new text begin (2) replace federal Part B funds in the
State Independent Living Council budget
transferred under clause (1) with $115,000
of Social Security Administration program
income funds each year; and
new text end

new text begin (3) provide an additional $185,000 each year
from the Social Security Administration
program income to the Minnesota Centers for
Independent Living to be allocated equally
among the eight centers.
new text end

new text begin Additional funding for centers for
independent living under clauses (1) and (3)
must be used for core independent living
services by the Centers for Independent
Living. The Statewide Independent Living
Council framework for statewide distribution
of state and federal funding to the Minnesota
Centers for Independent Living does not
apply to the funds under clauses (1) and
(3). The commissioner must report on the
transfers in clauses (1), (2), and (3), and any
other effort to pursue additional funding for
the Centers for Independent Living to the
standing committees of the senate and house
of representatives having jurisdiction over
Centers for Independent Living by March 15
each year.
new text end

new text begin (g) $5,940,000 the first year and $5,940,000
the second year are from the general fund for
state services for the blind activities.
new text end

new text begin (h) $150,000 the first year and $150,000
the second year are from the general fund
and $175,000 the first year and $175,000
the second year are from the workforce
development fund for grants under Minnesota
Statutes, section 268A.03, to Rise, Inc.
for the Minnesota Employment Center for
People Who are Deaf or Hard-of-Hearing.
Money not expended the first year is
available the second year.
new text end

new text begin (i) $9,021,000 the first year and $9,021,000
the second year are from the general fund for
the state's vocational rehabilitation program
for people with significant disabilities to
assist with employment, under Minnesota
Statutes, chapter 268A.
new text end

new text begin (j) $350,000 the first year and $350,000
the second year are from the workforce
development fund for grants to provide
interpreters for a regional transition program
that specializes in providing culturally
appropriate transition services leading to
employment for deaf, hard-of-hearing, and
deaf-blind students. This amount must be
added to the department's base.
new text end

new text begin (k) $150,000 the first year and $150,000 the
second year are for a grant to Advocating
Change Together for training, technical
assistance, and resources materials to persons
with developmental and mental illness
disabilities.
new text end

new text begin (l) $250,000 the first year and $250,000
the second year are from the workforce
development fund and $150,000 the first
year and $100,000 the second year are from
the general fund for a grant to Lifetrack
Resources for its immigrant and refugee
collaborative programs, including those
related to job-seeking skills and workplace
orientation, intensive job development,
functional work English, and on-site job
coaching. $50,000 of the first year general
fund appropriation is for a onetime pilot
Lifetrack project in Rochester.
new text end

new text begin (m) $1,250,000 the first year and $1,250,000
the second year are from the general fund
for the youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366.
This appropriation may be used for:
new text end

new text begin (1) restoring the three youthbuild programs
that were eliminated due to budget reductions
and adding seven more youthbuild programs
statewide;
new text end

new text begin (2) restoring funding levels for all youthbuild
programs plus an inflationary increase for
each program;
new text end

new text begin (3) increasing the number of at-risk youth
served by the youthbuild programs from 260
youth per year to 500 youth per year; and
new text end

new text begin (4) restoring the youthbuild focus on careers
in technology and adding a youthbuild focus
on careers in the medical field.
new text end

new text begin (n) $1,325,000 each year is from the
workforce development fund for grants
to fund summer youth employment in
Minneapolis. The grants shall be used to
fund up to 500 jobs for youth each summer.
Of this appropriation, $325,000 each year is
for a grant to the learn-to-earn summer youth
employment program. The commissioner
shall establish criteria for awarding the
grants. This appropriation is available in
either year of the biennium and is available
until spent.
new text end

new text begin (o) $600,000 the first year and $600,000
the second year are from the workforce
development fund for a grant to the city of
St. Paul for grants to fund summer youth
employment in St. Paul. The grants shall be
used to fund up to 500 jobs for youth each
summer. The commissioner shall establish
criteria for awarding the grants within the
city of St. Paul. This appropriation is
available in either year of the biennium and
is available until spent.
new text end

new text begin (p) $250,000 the first year and $250,000 the
second year are from the general fund for
grants to Northern Connections in Perham
to implement and operate a pilot workforce
program that provides one-stop supportive
services to individuals as they transition into
the workforce.
new text end

new text begin (q) $100,000 each year is for a grant to
Ramsey County Workforce Investment Board
for the development of the building lives
program. This is a onetime appropriation.
new text end

new text begin (r) $250,000 each year is for a grant to the
Hennepin-Carver Workforce Investment
Board (WIB) to coordinate with the Partners
for Progress Regional Skills Consortium
to provide employment and training as
demonstrated by the Twin Cities regional
health care training partnership project.
new text end

new text begin (s) $160,000 the first year is for a onetime
grant to Workforce Development, Inc., for
a pilot project to provide demand-driven
employment and training services to
welfare recipients and other economically
disadvantaged populations in Mower,
Freeborn, Dodge, and Steele Counties.
new text end

new text begin (t) $200,000 the first year and $200,000 the
second year are from the general fund for
a grant to HIRED to operate its industry
sector training initiatives, which provide
employee training developed in collaboration
with employers in specific, high-demand
industries.
new text end

new text begin (u) $100,000 the first year is for a onetime
grant to a nonprofit organization. The
nonprofit organization must work on behalf
of all licensed vendors to coordinate their
efforts to respond to solicitations or other
requests from private and governmental units
as defined in Minnesota Statutes, section
471.59, subdivision 1, in order to increase
employment opportunities for persons with
disabilities.
new text end

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

new text begin (w) $1,000,000 each year from the workforce
development fund is for a grant to the
Minnesota Alliance of Boys and Girls
Clubs to administer a statewide project
of youth job skills development. This
project, which may have career guidance
components, including health and life skills,
is to encourage, train, and assist youth in
job-seeking skills, workplace orientation,
and job site knowledge through coaching.
This grant requires a 25 percent match from
nonstate resources.
new text end

new text begin (x) $10,000 the first year is for a study on
ways to promote employment opportunities
for minorities, with a particular focus on
opportunities for American blacks, in the
state of Minnesota. The study should focus
on how to significantly expand the job
training available to minorities and promote
substantial increases in the wages paid to
minorities, at least to a rate well above living
wage, and within several years, to equality.
The commissioner must report on the study
to the governor and the chair of the finance
committee in each house of the legislature
that has jurisdiction over employment by
January 15, 2008, with recommendations for
implementing the findings.
new text end

new text begin (y) The commissioner must provide funding
for the Minnesota Conservation Corps to
provide learning stipends for deaf students
and wages for interpreters participating in
the MCC summer youth program.
new text end

new text begin Subd. 4. new text end new text begin State-Funded Administration new text end

new text begin 3,009,000 new text end

new text begin 3,042,000 new text end

new text begin The first $1,450,000 deposited in each
year of the biennium and in each year of
subsequent bienniums into the contingent
account created under Minnesota Statutes,
section 268.196, subdivision 3, shall be
transferred by June 30 of each fiscal year
to the workforce development fund created
under Minnesota Statutes, section 116L.20.
Deposits in excess of $1,450,000 shall be
transferred by June 30 of each fiscal year to
the general fund.
new text end

Sec. 4. new text begin EXPLORE MINNESOTA TOURISM new text end

new text begin $ new text end

new text begin 12,778,000 new text end

new text begin $ new text end

new text begin 11,730,000 new text end

new text begin (a) To develop maximum private sector
involvement in tourism, $1,000,000 the first
year and $1,000,000 the second year must
be matched by Explore Minnesota Tourism
from nonstate sources. Each $1 of state
incentive must be matched with $3 of private
sector funding. Cash match is defined as
revenue to the state or documented cash
expenditures directly expended to support
Explore Minnesota Tourism programs. Up
to one-half of the private sector contribution
may be in-kind or soft match. The incentive
in the first year shall be based on fiscal
year 2007 private sector contributions as
prescribed in Laws 2005, First Special
Session chapter 1, article 3, section 6. The
incentive increase in the second year will
be based on fiscal year 2008 private sector
contributions. This incentive is ongoing.
new text end

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

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

new text begin (b) $325,000 the first year and $325,000 the
second year are for the Minnesota Film and
TV Board. The appropriation in each year
is available only upon receipt by the board
of $1 in matching contributions of money or
in-kind contributions from nonstate sources
for every $3 provided by this appropriation.
new text end

new text begin (c) $1,750,000 the first year and $750,000
the second year are appropriated for a grant
to the Minnesota Film and TV Board for
the film jobs production program under
Minnesota Statutes, section 116U.26. These
appropriations are available in either year
of the biennium and are available until
expended. The budget base for the film jobs
production program shall be $500,000 in
fiscal year 2010 and $500,000 in fiscal year
2011.
new text end

new text begin (d) $150,000 the first year is for a onetime
grant to St. Louis County to be used for
feasibility studies and planning activities
concerning additional uses for the St. Louis
County Heritage and Arts Center at the
Duluth depot. The studies and planning
activities must include:
new text end

new text begin (1) examining the costs and benefits of
relocating the Northeast Minnesota Office of
Tourism to the Duluth depot;
new text end

new text begin (2) establishing a heritage tourism center at
the Duluth depot;
new text end

new text begin (3) developing a multimodal operational plan
integrating railroad and bus service; and
new text end

new text begin (4) identifying additional services and
activities that would contribute toward
returning the Duluth depot to being a
working railroad station and cultural gateway
to Duluth and St. Louis County.
new text end

new text begin This appropriation is available until
expended.
new text end

Sec. 5. new text begin HOUSING FINANCE AGENCY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 70,866,000 new text end

new text begin $ new text end

new text begin 47,624,000 new text end

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

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

new text begin Subd. 2. new text end new text begin Challenge Program new text end

new text begin 24,622,000 new text end

new text begin 9,622,000 new text end

new text begin For the economic development and housing
challenge program under Minnesota Statutes,
section 462A.33, for housing that:
new text end

new text begin (1) conserves energy and utilizes sustainable,
healthy building materials;
new text end

new text begin (2) preserves sensitive natural areas and
open spaces and minimizes the need for new
infrastructure;
new text end

new text begin (3) is accessible to jobs and services through
integration with transportation or transit
systems; and
new text end

new text begin (4) expands the mix of housing choices in
a community by diversifying the levels of
housing affordability.
new text end

new text begin The agency may fund demonstration projects
that have unique approaches to achieving the
housing described in clauses (1) to (4).
new text end

new text begin Subd. 3. new text end new text begin Housing Trust Fund new text end

new text begin 13,658,000 new text end

new text begin 10,445,000 new text end

new text begin For deposit in the housing trust fund account
created under Minnesota Statutes, section
462A.201, and used for the purposes
provided in that section. The general fund
base is reduced by $1,340,000 each year in
fiscal year 2010 and fiscal year 2011.
new text end

new text begin Subd. 4. new text end new text begin Rental Assistance for Mentally Ill new text end

new text begin 2,638,000 new text end

new text begin 2,638,000 new text end

new text begin For a rental housing assistance program for
persons with a mental illness or families with
an adult member with a mental illness under
Minnesota Statutes, section 462A.2097. The
agency must not reduce the funding under
this subdivision.
new text end

new text begin Subd. 5. new text end new text begin Family Homeless Prevention new text end

new text begin 7,465,000 new text end

new text begin 7,465,000 new text end

new text begin For family homeless prevention and
assistance programs under Minnesota
Statutes, section 462A.204. Any balance in
the first year does not cancel but is available
in the second year.
new text end

new text begin Subd. 6. new text end new text begin Home Ownership Assistance Fund new text end

new text begin 1,135,000 new text end

new text begin 1,135,000 new text end

new text begin The base is reduced by $250,000 each year
in fiscal year 2010 and fiscal year 2011.
new text end

new text begin Subd. 7. new text end new text begin Affordable Rental Investment Fund new text end

new text begin 11,496,000 new text end

new text begin 8,996,000 new text end

new text begin For the affordable rental investment fund
program under Minnesota Statutes, section
462A.21, subdivision 8b.
new text end

new text begin This appropriation is to finance the
acquisition, rehabilitation, and debt
restructuring of federally assisted rental
property and for making equity take-out
loans under Minnesota Statutes, section
, subdivision 39.
new text end

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

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

new text begin Of this amount, $2,500,000 is appropriated
for the purposes of financing the
rehabilitation and operating costs to preserve
public housing. For purposes of this
subdivision, "public housing" is housing for
low-income persons and households financed
by the federal government and owned and
operated by public housing authorities and
agencies. Eligible public housing authorities
must have a public housing assessment
system rating of standard or above. Priority
among comparable proposals must be given
to proposals that maximize federal or local
resources to finance the capital and operating
costs.
new text end

new text begin Subd. 8. new text end new text begin Housing Rehabilitation and Accessibility new text end

new text begin 5,587,000 new text end

new text begin 4,287,000 new text end

new text begin For the housing rehabilitation and
accessibility program under Minnesota
Statutes, section 462A.05, subdivisions 14a
and 15a.
new text end

new text begin Subd. 9. new text end new text begin Urban Indian Housing Program new text end

new text begin 187,000 new text end

new text begin 187,000 new text end

new text begin For the urban Indian housing program
under Minnesota Statutes, section 462A.07,
subdivision 15. The base is reduced by
$7,000 each year in fiscal year 2010 and
fiscal year 2011.
new text end

new text begin Subd. 10. new text end new text begin Tribal Indian Housing Program new text end

new text begin 1,683,000 new text end

new text begin 1,394,000 new text end

new text begin For the tribal Indian housing program
under Minnesota Statutes, section 462A.07,
subdivision 14. The base is reduced by
$179,000 each year in fiscal year 2010 and
fiscal year 2011.
new text end

new text begin Subd. 11. new text end new text begin Home Ownership Education, Counseling, and Training new text end

new text begin 2,020,000 new text end

new text begin 1,115,000 new text end

new text begin For the home ownership education,
counseling, and training program under
Minnesota Statutes, section 462A.209. The
base is reduced by $250,000 each year in
fiscal year 2010 and fiscal year 2011. Of this
amount, $630,000 the first year is for:
new text end

new text begin (1) foreclosure prevention and assistance
activities in communities that have mortgage
foreclosure rates that exceed the statewide
average foreclosure rate for the most recent
quarter for which data is available; and
new text end

new text begin (2) home buyer education and counseling
activities by organizations that have
experience working with emerging markets
or partner with organizations with experience
working with emerging markets and that have
demonstrated a commitment to increasing the
homeownership rate of emerging markets.
new text end

new text begin Subd. 12. new text end new text begin Capacity Building Grants new text end

new text begin 340,000 new text end

new text begin 340,000 new text end

new text begin For nonprofit capacity building grants
under Minnesota Statutes, section 462A.21,
subdivision 3b. The base is reduced by
$90,000 each year in fiscal year 2010 and
fiscal year 2011.
new text end

new text begin Subd. 13. new text end new text begin Grant for Hennepin County new text end

new text begin $35,000 is a onetime appropriation in the
first year for a grant to Hennepin County
for collaboration with the Center for Urban
and Regional Affairs at the University
of Minnesota for the development of a
predictive, data-driven model that can be
used to identify at-risk properties in order to
target resources to prevent foreclosure.
new text end

Sec. 6. new text begin LABOR AND INDUSTRY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 22,909,000 new text end

new text begin $ new text end

new text begin 23,174,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2008 new text end	new text begin 2009 new text end
new text begin General new text end	new text begin 1,069,000 new text end	new text begin 1,024,000 new text end
new text begin Workers' Compensation new text end	new text begin 21,076,000 new text end	new text begin 21,371,000 new text end
new text begin Workforce Development new text end	new text begin 764,000 new text end	new text begin 779,000 new text end

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

new text begin Subd. 2. new text end new text begin Workers' Compensation new text end

new text begin 10,360,000 new text end

new text begin 10,617,000 new text end

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

new text begin Up to $200,000 the first year and up to
$200,000 the second year are for grants
to the Vinland Center for rehabilitation
services. The grants shall be distributed as
the department refers injured workers to
the Vinland Center to receive rehabilitation
services.
new text end

new text begin Subd. 3. new text end new text begin Safety Codes and Services new text end

new text begin 4,685,000 new text end

new text begin 4,773,000 new text end

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

new text begin $500,000 the first year and $500,000
the second year are from the workers'
compensation fund for patient safe handling
grants under Minnesota Statutes, section
182.6553. This is a onetime appropriation
and is available until expended.
new text end

new text begin Subd. 4. new text end new text begin Labor Standards/Apprenticeship new text end

new text begin 1,833,000 new text end

new text begin 1,803,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,069,000 new text end	new text begin 1,024,000 new text end
new text begin Workforce Development new text end	new text begin 764,000 new text end	new text begin 779,000 new text end

new text begin The appropriation from the workforce
development fund is for the apprenticeship
program under Minnesota Statutes, chapter
178, and includes $100,000 each year for
labor education and advancement program
grants.
new text end

new text begin $360,000 the first year and $300,000 the
second year from the general fund are for
prevailing wage enforcement of which
$60,000 in the first year is for outreach and
survey participation improvements.
new text end

new text begin Subd. 5. new text end new text begin General Support new text end

new text begin 6,031,000 new text end

new text begin 5,981,000 new text end

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

Sec. 7. new text begin BUREAU OF MEDIATION SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,864,000 new text end

new text begin $ new text end

new text begin 1,904,000 new text end

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

new text begin Subd. 2. new text end new text begin Mediation Services new text end

new text begin 1,714,000 new text end

new text begin 1,754,000 new text end

new text begin Subd. 3. new text end new text begin Labor Management Cooperation Grants new text end

new text begin 150,000 new text end

new text begin 150,000 new text end

new text begin $150,000 the first year and $150,000
the second year are for grants to area
labor-management committees. Grants may
be awarded for a 12-month period beginning
July 1 of each year. Any unencumbered
balance remaining at the end of the first
year does not cancel but is available for the
second year.
new text end

Sec. 8. new text begin WORKERS' COMPENSATION COURT OF APPEALS new text end

new text begin $ new text end

new text begin 1,660,000 new text end

new text begin $ new text end

new text begin 1,703,000 new text end

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

Sec. 9. new text begin MINNESOTA HISTORICAL SOCIETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 27,744,000 new text end

new text begin $ new text end

new text begin 24,504,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions. Of the appropriations,
$500,000 the first year and $500,000 the
second year are for increased building lease
costs. These amounts are added to the
department's base.
new text end

new text begin Subd. 2. new text end new text begin Education and Outreach new text end

new text begin 16,425,000 new text end

new text begin 13,862,000 new text end

new text begin (a) Of this amount, $1,300,000 the first year
is a onetime appropriation for the Minnesota
Sesquicentennial Commission. Of this
appropriation, $600,000 is for competitive
matching grants for local events and projects;
$600,000 is for planning and support of
statewide activities, and up to $100,000 may
be used for administration.
new text end

new text begin The Minnesota Historical Society, the State
Arts Board, and Explore Minnesota Tourism
may assist the commission in designing and
implementing the grants program.
new text end

new text begin The commission shall encourage private
contributions to match the state funds to the
greatest extent possible. Any gifts, pledges,
membership fees, or contributions received
by the commission are appropriated to the
commission.
new text end

new text begin (b) $1,500,000 the first year is for a
grant-in-aid program for county and local
historical societies. The Minnesota Historical
Society shall establish program guidelines
and grant evaluation and award criteria for
the program. Each dollar of state funds
awarded to a grantee must be matched with
nonstate funds on a dollar-for-dollar basis by
a grantee. This is a onetime appropriation
and is available until expended.
new text end

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

new text begin Subd. 3. new text end new text begin Preservation and Access new text end

new text begin 10,757,000 new text end

new text begin 10,396,000 new text end

new text begin (a) $400,000 the first year is to conduct
a conservation survey and for restoration,
treatment, moving, and storage of the 1905
historic furnishings and works of art in the
Minnesota State Capitol. This is a onetime
appropriation and is available until expended.
new text end

new text begin (b) $150,000 the first year is for the
preservation of battle flags. This is a onetime
appropriation and is available until expended.
new text end

new text begin (c) Funds may be reallocated between
paragraphs (a) and (b) for the purpose of
maximizing federal funds.
new text end

new text begin Subd. 4. new text end new text begin Fiscal Agent new text end

new text begin (a) Minnesota International Center new text end

new text begin 43,000 new text end

new text begin 43,000 new text end

new text begin (b) Minnesota Air National Guard Museum new text end

new text begin 16,000 new text end

new text begin -0- new text end

new text begin (c) Minnesota Military Museum new text end

new text begin 100,000 new text end

new text begin -0- new text end

new text begin (d) Farmamerica new text end

new text begin 128,000 new text end

new text begin 128,000 new text end

new text begin (e) Balances Forward new text end

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

new text begin (f) $100,000 the first year is for a onetime
grant to the Nicollet County Historical
Society for renovation of the center exhibit
gallery in the Treaty Site History Center in
St. Peter, including additions to the center's
infrastructure and state-of-the-art interpretive
elements. This appropriation is available
until expended.
new text end

new text begin (g) $100,000 the first year is for a grant to
the Hmong Studies Center at Concordia
University in St. Paul, Minnesota, to be
used for preservation of Hmong historical
artifacts and documents. Any part of the
appropriation not used in fiscal year 2008 is
available for use in fiscal year 2009. This is
a onetime appropriation and is available until
expended.
new text end

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

new text begin Subd. 5. new text end new text begin Fund Transfer new text end

new text begin The Minnesota Historical Society may
reallocate funds appropriated in and between
subdivisions 2 and 3 for any program
purposes.
new text end

new text begin Subd. 6. new text end new text begin Minnesota River Valley Study Group new text end

new text begin The Minnesota Historical Society in
cooperation with Explore Minnesota Tourism
shall establish and coordinate a Minnesota
River Valley study group. The Minnesota
River Valley study group shall be comprised
of representatives of the Minnesota Valley
Scenic Byway Alliance, the Department
of Natural Resources, the Department
of Transportation, the Minnesota Indian
Affairs Council, the Region 6 West, Region
6 East, Region 8 and Region 9 Regional
Development Commissions, the Minnesota
Historical Society, Explore Minnesota
Tourism, State Arts Board, and other
interested parties. The study group must
develop a plan for coordinated activities
among organizations represented on the
study group to enhance and promote historic
sites, and historic, scenic, and natural
features of the Minnesota River Valley
area. Study topics shall include, but are
not limited to, historic sites related to the
Dakota Conflict of 1862 and the state and
local preparations for the sesquicentennial of
this event. The Minnesota Historical Society
and Explore Minnesota Tourism shall report
on the findings and recommendations of
the Minnesota River Valley study group to
the standing committees of the house of
representatives and senate with jurisdiction
over historic sites and tourism by March 1,
2008. The Minnesota River Valley study
group shall serve without compensation.
new text end

Sec. 10. new text begin BOARD OF THE ARTS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 10,330,000 new text end

new text begin $ new text end

new text begin 10,342,000 new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
year is available.
new text end

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

new text begin Subd. 2. new text end new text begin Operations and Services new text end

new text begin 641,000 new text end

new text begin 651,000 new text end

new text begin Subd. 3. new text end new text begin Grants Program new text end

new text begin 6,732,000 new text end

new text begin 6,732,000 new text end

new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end

new text begin 2,957,000 new text end

new text begin 2,959,000 new text end

Sec. 11. new text begin BOARD OF ACCOUNTANCY new text end

new text begin $ new text end

new text begin 496,000 new text end

new text begin $ new text end

new text begin 505,000 new text end

Sec. 12. new text begin BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN new text end

new text begin $ new text end

new text begin 800,000 new text end

new text begin $ new text end

new text begin 815,000 new text end

Sec. 13. new text begin BOARD OF BARBER AND COSMETOLOGIST EXAMINERS new text end

new text begin $ new text end

new text begin 829,000 new text end

new text begin $ new text end

new text begin 749,000 new text end

Sec. 14. new text begin MINNESOTA BOXING COMMISSION new text end

new text begin $ new text end

new text begin 50,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin This is a onetime appropriation to transition
the commission to being a self-funded entity.
new text end

Sec. 15. new text begin MINNESOTA HUMANITIES COMMISSION new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin Of this amount, ten percent each year is
for lifelong learning programs in greater
Minnesota communities that do not
receive financial support from other large
educational institutions. The base budget
for the Minnesota Humanities Commission
is $500,000 each year in the 2010-2011
biennium.
new text end

Sec. 16. new text begin TRANSFERS new text end

new text begin The commissioner of labor and industry
shall transfer $1,627,000 by June 30, 2008,
and $1,515,000 by June 30, 2009, from the
construction code fund to the general fund.
new text end

new text begin Of the balance remaining in Laws 2005, First
Special Session chapter 1, article 3, section
2, subdivision 2, for the methamphetamine
laboratory cleanup revolving loan fund,
$100,000 is for transfer to the small
community wastewater treatment account
established in Minnesota Statutes, section
446A.075, subdivision 1.
new text end

ARTICLE 2

EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS

Section 1.

Minnesota Statutes 2006, section 13.7931, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Data from safety and education programs for loggers. new text end

new text begin The following
data collected from persons who attend safety and education programs or seminars for
loggers established or approved by the commissioner under section 176.130, subdivision
11, is public data:
new text end

new text begin (1) the names of the individuals attending the program or seminar;
new text end

new text begin (2) the names of each attendee's employer;
new text end

new text begin (3) the city where the employer is located;
new text end

new text begin (4) the date the program or seminar was held; and
new text end

new text begin (5) a description of the seminar or program.
new text end

Sec. 2.

Minnesota Statutes 2006, section 16B.61, subdivision 1a, is amended to read:

Subd. 1a.

Administration by commissioner.

The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall establish appropriate permit,
plan review, deleted text begin and deleted text end inspection fees new text begin , and surcharges new text end for public buildings and state licensed
facilities. deleted text begin Fees and surcharges for public buildings and state licensed facilities must be
remitted to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund.
deleted text end

Municipalities other than the state having an agreement with the commissioner
for code administration and enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including surcharge, to be paid directly to the
jurisdiction by the applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner shall sign an agreement with a municipality other than
the state for plan review, code administration, and code enforcement service for public
buildings and state licensed facilities in the jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to provide those services
and if the commissioner determines that the municipality has enough adequately trained
and qualified building inspectors to provide those services for the construction project.

The commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other activities related
to building codes.

Administration and enforcement in a municipality under this section must apply
any optional provisions of the State Building Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state building official
within 30 days of its adoption.

The commissioner shall administer and enforce the provisions of the code relating to
elevators statewide, except as provided for under section 16B.747, subdivision 3.

Sec. 3.

Minnesota Statutes 2006, section 16B.65, subdivision 1, is amended to read:

Subdivision 1.

Designation.

deleted text begin By January 1, 2002, deleted text end 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 deleted text begin into the state treasury and credited to the special revenue fund deleted text end new text begin to the commissioner new text end .

Sec. 4.

Minnesota Statutes 2006, section 16B.65, subdivision 5a, is amended to read:

Subd. 5a.

Administrative action and penalties.

The commissioner shall, by rule,
establish a graduated schedule of administrative actions for violations of sections 16B.59
to 16B.75 and rules adopted under those sections. The schedule must be based on and
reflect the culpability, frequency, and severity of the violator's actions. The commissioner
may impose a penalty from the schedule on a certification holder for a violation of sections
16B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to
any criminal penalty imposed for the same violation. deleted text begin Administrative monetary penalties
imposed by the commissioner must be paid to the special revenue fund. deleted text end

Sec. 5.

Minnesota Statutes 2006, section 16B.70, subdivision 2, is amended to read:

Subd. 2.

Collection and reports.

All permit surcharges must be collected by each
municipality and a portion of them remitted to the state. Each municipality having a
population greater than 20,000 people shall prepare and submit to the commissioner once
a month a report of fees and surcharges on fees collected during the previous month
but shall retain the greater of two percent or that amount collected up to $25 to apply
against the administrative expenses the municipality incurs in collecting the surcharges.
All other municipalities shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount collected up to $25 to apply
against the administrative expenses the municipalities incur in collecting the surcharges.
The report, which must be in a form prescribed by the commissioner, must be submitted
together with a remittance covering the surcharges collected by the 15th day following
the month or quarter in which the surcharges are collected. deleted text begin All money collected by the
commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75
shall be deposited in the state government special revenue fund and is appropriated to the
commissioner for the purpose of administering and enforcing the State Building Code
under sections 16B.59 to 16B.75. deleted text end

Sec. 6.

Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:

Subdivision 1.

Grant account.

A contaminated site cleanup and development
grant account is created in the general fund. Money in the account may be used, as
appropriated by law, to make grants as provided in section 116J.554 and to pay for the
commissioner's costs in reviewing applications and making grants. Notwithstanding
section 16A.28, money appropriated to the account new text begin for this program from any source new text end is
available deleted text begin for four years deleted text end new text begin until spent new text end .

Sec. 7.

Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:

Subd. 2.

Qualifying sites.

A site qualifies for a grant under this section, if the
following criteria are met:

(1) the site is not scheduled for funding during the current or next fiscal year under
the Comprehensive Environmental Response, Compensation, and Liability Act, United
States Code, title 42, section 9601, et seq. or under the Environmental Response, and
Liability Act under sections 115B.01 to 115B.20;

deleted text begin (2) the appraised value of the site after adjusting for the effect on the value of the
presence or possible presence of contaminants using accepted appraisal methodology, or
the current market value of the site as issued under section 273.121, separately taking into
account the effect of the contaminants on the market value, (i) is less than 75 percent of
the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup
costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end if the proposed cleanup is completed, it is expected that the site will be
improved with buildings or other improvements and these improvements will provide a
substantial increase in the property tax base within a reasonable period of time or the site
will be used for an important publicly owned or tax-exempt facility.

Sec. 8.

Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:

Subdivision 1.

Priorities.

(a) The legislature expects that applications for grants
will exceed the available appropriations and the agency will be able to provide grants to
only some of the applicant development authorities.

(b) If applications for grants for qualified sites exceed the available appropriations,
the agency shall make grants for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred and that meet all the
requirements provided by law. In making this judgment, the commissioner shall consider
the following factors:

(1) the recommendations or ranking of projects by the commissioner of the Pollution
Control Agency regarding the potential threat to public health and the environment that
would be reduced or eliminated by completion of each of the response action plans;

(2) the potential increase in the property tax base of the local taxing jurisdictions,
considered relative to the fiscal needs of the jurisdictions, that will result from
developments that will occur because of completion of each of the response action plans;

(3) the social value to the community of the cleanup and redevelopment of the site,
including the importance of development of the proposed public facilities on each of
the sites;

(4) the probability that each site will be cleaned up without use of government
money in the reasonably foreseeable future new text begin by considering but not limited to the current
market value of the site versus the cleanup cost new text end ;

(5) the amount of cleanup costs for each site; and

(6) the amount of the commitment of municipal or other local resources to pay for
the cleanup costs.

The factors are not listed in a rank order of priority; rather the commissioner may
weigh each factor, depending upon the facts and circumstances, as the commissioner
considers appropriate. The commissioner may consider other factors that affect the net
return of public benefits for completion of the response action plan. The commissioner,
notwithstanding the listing of priorities and the goal of maximizing the return of public
benefits, shall make grants that distribute available money to sites both within and outside
of the metropolitan area. The commissioner shall provide a written statement of the
supporting reasons for each grant. Unless sufficient applications are not received for
qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
as grants must be made for sites located outside of the metropolitan area.

Sec. 9.

Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:

Subdivision 1.

Commissioner discretion.

The commissioner may make a grant for
up to 50 percent of the eligible costs of a project. The determination of whether to make a
grant for a site is within the discretion of the commissioner, subject to this section and
sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment
account. deleted text begin If the commissioner determines that the applications for grants for projects in
greater Minnesota are less than the amount of grant funds available, the commissioner
may make grants for projects anywhere in Minnesota. deleted text end The commissioner's decisions and
application of the priorities under this section are not subject to judicial review, except
for abuse of discretion.

Sec. 10.

Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:

Subd. 1a.

Priorities.

(a) If applications for grants exceed the available
appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred. "Public benefits" include
job creation, bioscience development, environmental benefits to the state and region,
efficient use of public transportation, efficient use of existing infrastructure, provision of
affordable housing, multiuse development that constitutes community rebuilding rather
than single-use development, crime reduction, blight reduction, community stabilization,
and property tax base maintenance or improvement. In making this judgment, the
commissioner shall give priority to redevelopment projects with one or more of the
following characteristics:

(1) the need for redevelopment in conjunction with contamination remediation needs;

(2) the redevelopment project meets current tax increment financing requirements
for a redevelopment district and tax increments will contribute to the project;

(3) the redevelopment potential within the municipality;

(4) proximity to public transit if located in the metropolitan area; deleted text begin and
deleted text end

new text begin (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
and
new text end

deleted text begin (5) deleted text end new text begin (6) new text end multijurisdictional projects that take into account the need for affordable
housing, transportation, and environmental impact.

(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
commissioner may weigh each factor, depending upon the facts and circumstances, as
the commissioner considers appropriate. new text begin The commissioner may consider other factors
that affect the net return of public benefits for completion of the redevelopment plan. The
commissioner, notwithstanding the listing of priorities and the goal of maximizing the
return of public benefits, shall make grants that distribute available money to sites both
within and outside of the metropolitan area. Unless sufficient applications are not received
for qualifying sites outside of the metropolitan area, at least 50 percent of the money
provided as grants must be made for sites located outside of the metropolitan area.
new text end

Sec. 11.

Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) The commissioner shall promote, develop, and
facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
addition to the powers granted by section 116J.035, the commissioner may:

(1) locate, develop, and promote international markets for Minnesota products
and services;

(2) arrange and lead trade missions to countries with promising international markets
for Minnesota goods, technology, services, and agricultural products;

(3) promote Minnesota products and services at domestic and international trade
shows;

(4) organize, promote, and present domestic and international trade shows featuring
Minnesota products and services;

(5) host trade delegations and assist foreign traders in contacting appropriate
Minnesota businesses and investments;

(6) develop contacts with Minnesota businesses and gather and provide information
to assist them in locating and communicating with international trading or joint venture
counterparts;

(7) provide information, education, and counseling services to Minnesota businesses
regarding the economic, commercial, legal, and cultural contexts of international trade;

(8) provide Minnesota businesses with international trade leads and information
about the availability and sources of services relating to international trade, such as
export financing, licensing, freight forwarding, international advertising, translation, and
custom brokering;

(9) locate, attract, and promote foreign direct investment and business development
in Minnesota to enhance employment opportunities in Minnesota;

(10) provide foreign businesses and investors desiring to locate facilities in
Minnesota information regarding sources of governmental, legal, real estate, financial, and
business services;

(11) enter into contracts or other agreements with private persons and public entities,
including agreements to establish and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting international trade and attracting
investment from foreign countries to Minnesota and to carry out this section, without
regard to section 16C.06; and

(12) market trade-related materials to businesses and organizations, and the proceeds
of which must be placed in a special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.

(b) The programs and activities of the commissioner of employment and economic
development and the Minnesota Trade Division may not duplicate programs and activities
of the commissioner of agriculture.

(c) The commissioner shall notify the chairs of the senate Finance and house Ways
and Means Committees of each agreement under this subdivision to establish and maintain
an office or other type of representation in a foreign country.

new text begin (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
assistance to official visits by foreign government representatives and shall serve as liaison
to the foreign diplomatic corps in Minnesota.
new text end

Sec. 12.

Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Workforce development intermediaries. new text end

new text begin "Workforce development
intermediaries" means public, private, or nonprofit entities that provide employment
services to low-income individuals and have a demonstrated track record bringing together
employers and workers, private and public funding streams, and other stakeholders to
implement pathways to career advancement for low-income individuals. Entities may
include, but are not limited to, nonprofit organizations, educational institutions, or the
administrative entity of a local workforce service area.
new text end

Sec. 13.

Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:

Subd. 1a.

Pathways program.

The pathways program may provide grants-in-aid
for developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.

Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions new text begin or to workforce development intermediaries new text end for education and training
programs and services supporting education and training programs that serve eligible
recipients.

Preference shall be given to projects that:

(1) provide employment with benefits paid to employees;

(2) provide employment where there are defined career paths for trainees;

(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and

(4) demonstrate the active participation of Department of Employment and
Economic Development workforce centers, Minnesota State College and University
institutions and other educational institutions, and local welfare agencies.

Pathways projects must demonstrate the active involvement and financial
commitment of private business. Pathways projects must be matched with cash or in-kind
contributions on at least a deleted text begin one-to-one deleted text end new text begin one-half-to-one new text end ratio by participating private
business.

A single grant to any one institution shall not exceed $400,000. A portion of a grant
may be used for preemployment training.

Sec. 14.

Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Commissioner" means the commissioner of employment and economic
development.

(c) "Dislocated worker" means an individual who is a resident of Minnesota at the
time employment ceased or was working in the state at the time employment ceased and:

(1) has been permanently separated or has received a notice of permanent separation
from public or private sector employment and is eligible for or has exhausted entitlement
to unemployment benefits, and is unlikely to return to the previous industry or occupation;

(2) has been long-term unemployed and has limited opportunities for employment
or reemployment in the same or a similar occupation in the area in which the individual
resides, including older individuals who may have substantial barriers to employment by
reason of age;

(3) new text begin has been terminated or has received a notice of termination of employment as a
result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
new text end

new text begin (4) new text end has been self-employed, including farmers and ranchers, and is unemployed as a
result of general economic conditions in the community in which the individual resides or
because of natural disasters; or

deleted text begin (4) deleted text end new text begin (5) new text end is a displaced homemaker. A "displaced homemaker" is an individual who
has spent a substantial number of years in the home providing homemaking service and
(i) has been dependent upon the financial support of another; and now due to divorce,
separation, death, or disability of that person, must find employment to self support; or (ii)
derived the substantial share of support from public assistance on account of dependents
in the home and no longer receives such support.

To be eligible under this clause, the support must have ceased while the worker
resided in Minnesota.

(d) "Eligible organization" means a state or local government unit, nonprofit
organization, community action agency, business organization or association, or labor
organization.

(e) "Plant closing" means the announced or actual permanent shutdown of a single
site of employment, or one or more facilities or operating units within a single site of
employment.

(f) "Substantial layoff" means a permanent reduction in the workforce, which is
not a result of a plant closing, and which results in an employment loss at a single site
of employment during any 30-day period for at least 50 employees excluding those
employees that work less than 20 hours per week.

Sec. 15.

Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:

Subdivision 1.

Determination and collection of special assessment.

(a) In addition
to amounts due from an employer under the Minnesota unemployment insurance program,
each employer, except an employer making reimbursements is liable for a special
assessment levied at the rate of .10 percent per year deleted text begin for calendar years 2006 and 2007 deleted text end on
all taxable wages, as defined in section 268.035, subdivision 24. deleted text begin Beginning January 1,
2008, the special assessment shall be levied at a rate of .085 percent per year on all taxable
wages. deleted text end The assessment shall become due and be paid by each employer on the same
schedule and in the same manner as other amounts due from an employer under section
268.051, subdivision 1.

(b) The special assessment levied under this section shall be subject to the same
requirements and collection procedures as any amounts due from an employer under the
Minnesota unemployment insurance program.

Sec. 16.

Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:

Subdivision 1.

Designation of workforce service areas.

For the purpose of
administering federal, state, and local employment and training services, the commissioner
shall designate the geographic boundaries for workforce service areas in Minnesota.

The commissioner shall approve a request to be a workforce service area from:

(1) a home rule charter or statutory city with a population of 200,000 or more or a
county with a population of 200,000 or more; or

(2) a consortium of contiguous home rule charter or statutory cities or counties
with an aggregate population of 200,000 or more that serves a substantial part of one or
more labor markets.

The commissioner may approve a request to be a workforce service area from a
home rule charter or statutory city or a county or a consortium of contiguous home
rule charter or statutory cities or counties, without regard to population, that serves a
substantial portion of a labor market area.

The commissioner shall make a final designation of workforce service areas within
the state after consulting with local elected officials and the governor's Workforce
Development Council. Existing service delivery areas designated under the federal Job
Training Partnership Act shall be initially designated as workforce service areas providing
that no other petitions are submitted by local elected officials.

The commissioner may redesignate workforce service areas new text begin , upon the advice of
the affected local elected officials, new text end no more frequently than every two years. These
redesignations must be made not later than four months before the beginning of a program
year.

Sec. 17.

Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:

Subd. 6a.

Nonprofit corporation loans.

The board may make loans to a nonprofit
corporation with which it has entered into an agreement under subdivision 1. These
loans must be used to support a new or expanding business. This support may include
such forms of financing as the sale of goods to the business on installment or deferred
payments, lease purchase agreements, or royalty investments in the business. new text begin The interest
rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
nonprofit corporation may charge a loan origination fee equal to or less than one percent
of the loan value. The nonprofit corporation may retain the amount of the origination fee.
new text end The nonprofit corporation must provide at least an equal match to the loan received by the
board. The maximum loan available to the nonprofit corporation under this subdivision is
$50,000. Loans made to the nonprofit corporation under this subdivision may be made
without interest. Repayments made by the nonprofit corporation must be deposited in the
revolving fund created for urban initiative grants.

Sec. 18.

new text begin [116O.115] SMALL BUSINESS GROWTH ACCELERATION
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The small business growth acceleration
program is established. The purpose of the program is to (1) help qualified companies
implement technology and business improvements; and (2) bridge the gap between
standard market pricing for technology and business improvements and what qualified
companies can afford to pay.
new text end

new text begin Subd. 2. new text end

new text begin Qualified company. new text end

new text begin A company is qualified to receive assistance under
the small business growth acceleration program if it is a manufacturing company or a
manufacturing-related service company that employs 100 or fewer full-time equivalent
employees.
new text end

new text begin Subd. 3. new text end

new text begin Applications for assistance. new text end

new text begin A company seeking assistance under the
small business growth acceleration program must file an application according to the
requirements of the corporation. A company's application for small business growth
acceleration program assistance must include documentation of the company's overall plan
for technology and business improvement and prioritize the components of the overall
plan. The application must also document the company's need for small business growth
acceleration program funds in order to carry forward the highest priority components of
the plan.
new text end

new text begin Subd. 4. new text end

new text begin Fund awards; use of funds. new text end

new text begin (a) The corporation shall establish
procedures for determining which applicants for assistance under the small business
growth acceleration program will receive program funding. Funding shall be awarded
only to accelerate a qualified company's adoption of needed technology or business
improvements when the corporation concludes that it is unlikely the improvements could
be accomplished in any other way.
new text end

new text begin (b) The maximum amount of funds awarded to a qualified company under the small
business growth acceleration program for a particular project must not exceed 50 percent
of the total cost of a project and must not under any circumstances exceed $25,000 during
a calendar year. The corporation shall not award to a qualified company small business
growth acceleration program funds in excess of $50,000 per year.
new text end

new text begin (c) Any funds awarded to a qualified company under the small business growth
acceleration program must be used for business services and products that will enhance the
operation of the company. These business services and products must come either directly
from the corporation or from a network of expert providers identified and approved by
the corporation. No company receiving small business growth acceleration program
funds may use the funds for refinancing, overhead costs, new construction, renovation,
equipment, or computer hardware.
new text end

new text begin (d) Any funds awarded must be disbursed to the qualified company as reimbursement
documented according to requirements of the corporation.
new text end

new text begin Subd. 5. new text end

new text begin Service agreements. new text end

new text begin The corporation shall enter a written service
agreement with each company awarded funds under the small business growth acceleration
program. Each service agreement shall clearly articulate the company's need for service,
state the cost of the service, identify who will provide the service, and define the scope of
the service that will be provided. The service agreement must also include an estimate
of the financial impact of the service on the company and require the company to report
the actual financial impact of the service to the corporation 24 months after the service is
provided.
new text end

new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin The corporation shall report annually to the legislative
committees with fiscal jurisdiction over the Department of Employment and Economic
Development:
new text end

new text begin (1) the funds awarded under the small business growth acceleration program during
the past 12 months;
new text end

new text begin (2) the estimated financial impact of the funds awarded to each company receiving
service under the program; and
new text end

new text begin (3) the actual financial impact of funds awarded during the past 24 months.
new text end

Sec. 19.

new text begin [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "employer" means an
employer in the meatpacking industry.
new text end

new text begin Subd. 2. new text end

new text begin Right to adequate equipment. new text end

new text begin An employer must furnish its employees
with equipment to safely perform their jobs under OSHA standards.
new text end

new text begin Subd. 3. new text end

new text begin Information provided to employee by employer. new text end

new text begin (a) An employer
must provide an explanation in an employee's native language of the employee's rights
and duties as an employee either person to person or through written materials that, at a
minimum, include:
new text end

new text begin (1) a complete description of the salary and benefits plans as they relate to the
employee;
new text end

new text begin (2) a job description for the employee's position;
new text end

new text begin (3) a description of leave policies;
new text end

new text begin (4) a description of the work hours and work hours policy; and
new text end

new text begin (5) a description of the occupational hazards known to exist for the position.
new text end

new text begin (b) The explanation must also include information on the following employee rights
as protected by state or federal law and a description of where additional information
about those rights may be obtained:
new text end

new text begin (1) the right to organize and bargain collectively and refrain from organizing and
bargaining collectively;
new text end

new text begin (2) the right to a safe workplace; and
new text end

new text begin (3) the right to be free from discrimination.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner duties. new text end

new text begin The commissioner of labor and industry must
develop and implement a strategy to provide adequate notice and education to employees
of their rights under this section and education on how to assimilate into their local
community. The commissioner must consult with the commissioner of human rights in
the development of the strategy. The commissioner shall assign the duty to implement
the strategy to a specific identified position in the department. The position, along with
contact information, must be included on printed materials the department prepares and
distributes to carry out the commissioner's duties under this section.
new text end

Sec. 20.

Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:

Subd. 3.

Other duties.

(a) The commissioner shall:

(1) provide mediation services as requested by the parties until the parties reach
agreement, and may continue to assist parties after they have submitted their final
positions for interest arbitration;

(2) issue notices, subpoenas, and orders required by law to carry out duties under
sections 179A.01 to 179A.25;

(3) assist the parties in formulating petitions, notices, and other papers required to
be filed with the commissioner;

(4) conduct elections;

(5) certify the final results of any election or other voting procedure conducted
under sections 179A.01 to 179A.25;

(6) adopt rules relating to the administration of this chapter and the conduct of
hearings and elections;

(7) receive, catalogue, file, and make available to the public all decisions of
arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration
decisions, and the commissioner's orders and decisions;

(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
section 179A.20, subdivision 4, that is available to any employee in a unit not covered by
a contractual grievance procedure;

(9) maintain a schedule of state employee classifications or positions assigned to
each unit established in section 179A.10, subdivision 2;

(10) collect fees established by rule for empanelment of persons on the labor
arbitrator roster maintained by the commissioner or in conjunction with fair share fee
challenges new text begin . Arbitrator application fees will be $100 per year for initial applications and
renewals effective July 1, 2007 new text end ;

(11) provide technical support and assistance to voluntary joint labor-management
committees established for the purpose of improving relationships between exclusive
representatives and employers, at the discretion of the commissioner;

(12) provide to the parties a list of arbitrators as required by section 179A.16,
subdivision 4; and

(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
representatives for the resolution of grievance or interest disputes. Each person on the
list must be knowledgeable about collective bargaining and labor relations in the public
sector, well versed in state and federal labor law, and experienced in and knowledgeable
about labor arbitration. To the extent practicable, the commissioner shall appoint members
to the list so that the list is gender and racially diverse.

(b) From the names provided by representative organizations, the commissioner
shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
according to section 122A.40 or 122A.41. The persons on the list must meet at least
one of the following requirements:

(1) be a former or retired judge;

(2) be a qualified arbitrator on the list maintained by the bureau;

(3) be a present, former, or retired administrative law judge; or

(4) be a neutral individual who is learned in the law and admitted to practice in
Minnesota, who is qualified by experience to conduct these hearings, and who is without
bias to either party.

Each year, education Minnesota shall provide a list of up to 14 names and the
Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
The commissioner may adopt rules about maintaining and updating the list.

Sec. 21.

new text begin [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
PRESENCE OF LIQUOR.
new text end

new text begin No minor under the age of 18 shall be employed in any rooms constituting the place
in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
tasks involving the serving, dispensing, or handling of such liquors that are consumed on
the premises except that:
new text end

new text begin (1) minors who have reached the age of 16 may be employed to perform busing,
dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or
resort where the presence of intoxicating liquor is incidental to food service or preparation;
new text end

new text begin (2) minors who have reached the age of 16 may be employed to perform busing,
dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas
where the presence of 3.2 percent malt liquor is incidental to food service or preparation;
new text end

new text begin (3) minors who have reached the age of 16 may be employed to provide musical
entertainment in those rooms or areas where the presence of intoxicating liquor and
percent malt liquor is incidental to food service or preparation; and
new text end

new text begin (4) minors are not prevented from working at tasks which are not prohibited by law
in establishments where liquor is sold, served, dispensed, or handled in those rooms or
areas where no liquor is consumed or served.
new text end

Sec. 22.

Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:

Subd. 2.

Legislative findings and purpose.

The legislature finds that the burden on
employers and employees of this state resulting from personal injuries and illnesses arising
out of work situations is substantial; that the prevention of these injuries and illnesses is an
important objective of the government of this state; that the greatest hope of attaining this
objective lies in programs of research and education, and in the earnest cooperation of
government, employers and employees; and that a program of regulation and enforcement
is a necessary supplement to these more basic programs.

The legislature declares it to be its purpose and policy through the exercise of its
powers to assure so far as possible every worker in the state of Minnesota safe and
healthful working conditions and to preserve our human resources by:

(a) authorizing the Occupational Safety and Health Advisory Council to advise,
consult with or recommend on any matters relating to the Minnesota occupational
safety and health plan to the commissioner of labor and industry and by authorizing the
commissioner of labor and industry to promulgate and enforce mandatory occupational
safety and health standards applicable to employers and employees in the state of
Minnesota;

(b) encouraging employers and employees to increase their efforts to reduce the
number of occupational safety and health hazards at their places of employment, and to
stimulate employers and employees to institute new and to perfect existing programs for
providing safe and healthful working conditions;

(c) providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving safe and healthful working conditions;

(d) providing for research in the field of occupational safety and health; including
the psychological factors involved, and by developing innovative methods, techniques,
and approaches for dealing with occupational safety and health problems;

(e) exploring ways to discover latent diseases, establishing causal connections
between diseases and work in environmental conditions, and conducting other research
relating to health problems, in recognition of the fact that occupational health standards
present problems often different from those involved in occupational safety;

(f) utilizing advances already made by federal laws and regulations providing safe
and healthful working conditions;

(g) providing criteria which will assure insofar as practicable that no employee
will suffer diminished health, functional capacity, or life expectancy as a result of work
experience;

(h) providing an effective enforcement program which shall include new text begin locating
enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
injuries, and complaints and new text end a prohibition against giving advance notice of an inspection
and sanctions for any individual violating this prohibition;

(i) providing for appropriate reporting procedures with respect to occupational
safety and health, which procedures will help achieve the objectives of this chapter and
accurately describe the nature of the occupational safety and health problem;

(j) encouraging joint labor-management efforts to reduce injuries and diseases
arising out of employment;

(k) providing consultation to employees and employers which will aid them in
complying with their responsibilities under this chapter where such consultation does not
interfere with the effective enforcement of this chapter; and

(l) providing for training programs to increase the number and competence of
personnel engaged in the field of occupational safety and health.

Sec. 23.

new text begin [182.6551] CITATION.
new text end

new text begin Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
new text end

Sec. 24.

new text begin [182.6552] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Direct patient care worker. new text end

new text begin "Direct patient care worker" means an
individual doing the job of directly providing physical care to patients including nurses, as
defined by section 148.171, who provide physical care to patients.
new text end

new text begin Subd. 2. new text end

new text begin Health care facility. new text end

new text begin "Health care facility" means a hospital as defined in
section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Safe patient handling. new text end

new text begin "Safe patient handling" means a process, based on
scientific evidence on causes of injuries, that uses safe patient handling equipment rather
than people to transfer, move, and reposition patients in all health care facilities to reduce
workplace injuries. This process also reduces the risk of injury to patients.
new text end

new text begin Subd. 4. new text end

new text begin Safe patient handling equipment. new text end

new text begin "Safe patient handling equipment"
means engineering controls, lifting and transfer aids, or mechanical assistive devices used
by nurses and other direct patient care workers instead of manual lifting to perform the
acts of lifting, transferring, and repositioning health care facility patients and residents.
new text end

Sec. 25.

new text begin [182.6553] SAFE PATIENT HANDLING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Safe patient handling program required. new text end

new text begin (a) By July 1, 2008,
every licensed health care facility in the state shall adopt a written safe patient handling
policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
manual lifting of patients by nurses and other direct patient care workers by utilizing
safe patient handling equipment.
new text end

new text begin (b) The program shall address:
new text end

new text begin (1) assessment of hazards with regard to patient handling;
new text end

new text begin (2) the acquisition of an adequate supply of appropriate safe patient handling
equipment;
new text end

new text begin (3) initial and ongoing training of nurses and other direct patient care workers on
the use of this equipment;
new text end

new text begin (4) procedures to ensure that physical plant modifications and major construction
projects are consistent with program goals; and
new text end

new text begin (5) periodic evaluations of the safe patient handling program.
new text end

new text begin Subd. 2. new text end

new text begin Safe patient handling committee. new text end

new text begin (a) By July 1, 2008, every licensed
health care facility in the state shall establish a safe patient handling committee either by
creating a new committee or assigning the functions of a safe patient handling committee
to an existing committee.
new text end

new text begin (b) Membership of a safe patient handling committee or an existing committee must
meet the following requirements:
new text end

new text begin (1) at least half the members shall be nonmanagerial nurses and other direct patient
care workers; and
new text end

new text begin (2) in a health care facility where nurses and other direct patient care workers
are covered by a collective bargaining agreement, the union shall select the committee
members proportionate to its representation of nonmanagerial workers, nurses, and other
direct patient care workers.
new text end

new text begin (c) A health care organization with more than one covered health care facility may
establish a committee at each facility or one committee to serve this function for all the
facilities. If the organization chooses to have one overall committee for multiple facilities,
at least half of the members of the overall committee must be nonmanagerial nurses and
other direct patient care workers and each facility must be represented on the committee.
new text end

new text begin (d) Employees who serve on a safe patient handling committee must be compensated
by their employer for all hours spent on committee business.
new text end

new text begin Subd. 3. new text end

new text begin Facilities with existing programs. new text end

new text begin A facility that has already adopted a
safe patient handling policy that satisfies the requirements of subdivision 1, and established
a safe patient handling committee by July 1, 2008, is considered to be in compliance
with those requirements. The committee must continue to satisfy the requirements of
subdivision 2, paragraph (b), on an ongoing basis.
new text end

new text begin Subd. 4. new text end

new text begin Committee duties. new text end

new text begin A safe patient handling committee shall:
new text end

new text begin (1) complete a patient handling hazard assessment that:
new text end

new text begin (i) considers patient handling tasks, types of nursing units, patient populations, and
the physical environment of patient care areas;
new text end

new text begin (ii) identifies problems and solutions;
new text end

new text begin (iii) identifies areas of highest risk for lifting injuries; and
new text end

new text begin (iv) recommends a mechanism to report, track, and analyze injury trends;
new text end

new text begin (2) make recommendations on the purchase, use, and maintenance of an adequate
supply of appropriate safe patient handling equipment;
new text end

new text begin (3) make recommendations on training of nurses and other direct patient care
workers on use of safe patient handling equipment, initially when the equipment arrives at
the facility and periodically afterwards;
new text end

new text begin (4) conduct annual evaluations of the safe patient handling implementation plan and
progress toward goals established in the safe patient handling policy; and
new text end

new text begin (5) recommend procedures to ensure that, when remodeling of patient care areas
occurs, the plans incorporate safe patient handling equipment or the physical space and
construction design needed to accommodate safe patient handling equipment at a later date.
new text end

new text begin Subd. 5. new text end

new text begin Training materials. new text end

new text begin The commissioner shall make training materials on
implementation of this section available to all health care facilities at no cost as part of the
training and education duties of the commissioner under section 182.673.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin This section shall be enforced by the commissioner under
section 182.661. A violation of this section is subject to the penalties provided under
section 182.666.
new text end

new text begin Subd. 7. new text end

new text begin Grant program. new text end

new text begin The commissioner may make grants to health care
facilities to acquire safe patient handling equipment and for training on safe patient
handling and safe patient handling equipment. Grants to any one facility may not exceed
$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
commissioner shall establish a grant application process. The commissioner may give
priority for grants to facilities that demonstrate that acquiring safe patient handling
equipment will impose a financial hardship on the facility. For health care facilities
that provide evidence of hardship, the commissioner may waive the 50 percent match
requirement and may grant such a facility more than $40,000. Health care facilities that
the commissioner determines are experiencing hardship shall not be required to meet the
safe patient handling requirements until July 1, 2012.
new text end

Sec. 26.

Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read:

Subd. 3.

Payments that delay unemployment benefits.

(a) An applicant shall not
be eligible to receive unemployment benefits for any week with respect to which the
applicant is receiving, has received, or has filed for payment, equal to or in excess of the
applicant's weekly unemployment benefit amount, in the form of:

(1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause
shall not apply to vacation pay paid upon a permanent separation from employment;

(2) severance pay, bonus pay, sick pay, and any other money payments, except
earnings under subdivision 5, and back pay under subdivision 6, paid by an employer
because of, upon, or after separation from employment, but only if the money payment is
considered wages at the time of payment under section 268.035, subdivision 29, or United
States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act deleted text begin ; deleted text end new text begin .
This clause does not apply to the first $5,000 of any amount of severance pay, bonus pay,
sick pay, or any other payments paid to an employee; or
new text end

(3) pension, retirement, or annuity payments from any plan contributed to by a base
period employer including the United States government, except Social Security benefits
which are provided for in subdivision 4. The base period employer contributed to the
plan if the contribution is excluded from the definition of wages under section 268.035,
subdivision 29, clause (1), or United States Code, title 26, section 3121, clause (2), of
the Federal Insurance Contribution Act.

An applicant shall not be considered to have received the lump sum payment if the
applicant immediately deposits that payment in a qualified pension plan or account; or

(4) holiday pay.

(b) This subdivision shall apply to all the weeks of payment and shall be applied to
the period immediately following the last day of employment. The number of weeks of
payment shall be determined as follows:

(1) if the payments are made periodically, the total of the payments to be received
shall be divided by the applicant's last level of regular weekly pay from the employer; or

(2) if the payment is made in a lump sum, that sum shall be divided by the applicant's
last level of regular weekly pay from the employer.

(c) If the payment is less than the applicant's weekly unemployment benefit amount,
unemployment benefits shall be reduced by the amount of the payment. If the computation
of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the
next lower whole dollar.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for unemployment benefits paid on
or after January 1, 2006, regardless of when the continued request was filed or the week
for which the unemployment benefits are paid.
new text end

Sec. 27.

Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Unemployment insurance benefits telephone system. new text end

new text begin The commissioner
must ensure that the telephone system used for unemployment insurance benefits provides
an option for any caller to speak to an unemployment insurance specialist. An individual
who calls any of the publicized telephone numbers seeking information about applying for
benefits or on the status of a claim must have the option to speak on the telephone to a
specialist who can provide direct assistance or can direct the caller to the person or office
that is able to respond to the caller's needs.
new text end

Sec. 28.

Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:

Subd. 13.

Supported employment.

new text begin (a) new text end "Supported employment" means
employment of a person with a disability so severe that the person needs ongoing training
and support to get and keep a job in which:

(1) the person engages in paid work in a position removed from the service vendor's
site where individuals without disabilities who do not require public subsidies also may
be employed;

(2) public funds are necessary to provide ongoing training and support services
throughout the period of the person's employment; and

(3) the person has the opportunity for social interaction with individuals who do not
have disabilities and who are not paid caregivers.

new text begin (b) If the commissioner has certified a rehabilitation facility setting as integrated,
then employment at that site may be considered supported employment.
new text end

Sec. 29.

Minnesota Statutes 2006, section 268A.01, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Affirmative business enterprise employment. new text end

new text begin "Affirmative business
enterprise employment" means employment which provides paid work on the premises of
an affirmative business enterprise as certified by the commissioner.
new text end

new text begin Affirmative business enterprise employment is considered community employment
for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
that the wages for individuals reported must be at or above customary wages for the
same employer. The employer must also provide one benefit package that is available to
all employees.
new text end

Sec. 30.

Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:

Subdivision 1.

Appointment; membership.

Every city, town, county, nonprofit
corporation, or combination thereof establishing a rehabilitation facility shall appoint a
rehabilitation facility board of no fewer than deleted text begin nine deleted text end new text begin seven voting new text end members before becoming
eligible for the assistance provided by sections 268A.06 to 268A.15. When any city,
town, or county singly establishes such a rehabilitation facility, the board shall be
appointed by the chief executive officer of the city or the chair of the governing board
of the county or town. When any combination of cities, towns, counties, or nonprofit
corporations establishes a rehabilitation facility, the chief executive officers of the cities,
nonprofit corporations, and the chairs of the governing bodies of the counties or towns
shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
facility, the corporation shall appoint the board of directors. Membership on a board
shall be representative of the community served and shall include a person with a
disability. deleted text begin One-third to one-half of the board shall be representative of industry or
business. The remaining members should be representative of lay associations for persons
with a disability, labor, the general public, and education, welfare, medical, and health
professions. Nothing in sections 268A.06 to 268A.15 shall be construed to preclude
the appointment of elected or appointed public officials or members of the board of
directors of the sponsoring nonprofit corporation to the board, so long as the representation
described above is preserved. deleted text end If a county establishes an extended employment program
and manages the program with county employees, the governing board shall be the county
board of commissioners, and other provisions of this chapter pertaining to membership on
the governing board do not apply.

Sec. 31.

Minnesota Statutes 2006, section 268A.15, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Integrated setting. new text end

new text begin At the commissioner's discretion, paid work on the
premises of a rehabilitation facility may be certified as an integrated setting after a site
review by the department.
new text end

Sec. 32.

new text begin [325E.60] RESTROOM ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the Restroom Access Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (a) "Customer" means an individual who is lawfully on the premises of a retail
establishment.
new text end

new text begin (b) "Eligible medical condition" means Crohn's disease, ulcerative colitis, any other
inflammatory bowel disease, irritable bowel syndrome, or any other medical condition
that requires immediate access to a restroom facility.
new text end

new text begin (c) "Retail establishment" means a place of business open to the general public for
the sale of goods or services. Retail establishment does not include a filling station or
service station with a structure of 800 square feet or less that has an employee restroom
facility located within that structure.
new text end

new text begin Subd. 3. new text end

new text begin Retail establishment; customer access to restroom facilities. new text end

new text begin A retail
establishment that has a restroom facility for its employees shall allow a customer to
use that facility during normal business hours if the restroom facility is reasonably safe
and all of the following conditions are met:
new text end

new text begin (1) the customer requesting the use of the employee restroom facility suffers from an
eligible medical condition or uses an ostomy device, provided that the existence of the
condition or device is documented in writing by the customer's physician or a nonprofit
organization whose purpose includes serving individuals who suffer from the condition;
new text end

new text begin (2) three or more employees of the retail establishment are working at the time the
customer requests use of the employee restroom facility;
new text end

new text begin (3) the retail establishment does not normally make a restroom available to the
public;
new text end

new text begin (4) the employee restroom facility is not located in an area where providing access
would create an obvious health or safety risk to the customer or an obvious security risk
to the establishment; and
new text end

new text begin (5) a public restroom is not immediately accessible to the customer.
new text end

new text begin Subd. 4. new text end

new text begin Liability. new text end

new text begin (a) A retail establishment or an employee of a retail
establishment is not civilly liable for an act or omission in allowing a customer who
claims to have an eligible medical condition to use an employee restroom facility that is
not a public restroom if the act or omission:
new text end

new text begin (1) is not negligent;
new text end

new text begin (2) occurs in an area of the retail establishment that is not accessible to the public; and
new text end

new text begin (3) results in an injury to or death of the customer or an individual other than an
employee accompanying the customer.
new text end

new text begin (b) This section does not require a retail establishment to make any physical changes
to an employee restroom facility.
new text end

new text begin Subd. 5. new text end

new text begin Violation. new text end

new text begin For a first violation of this section, the city or county attorney
shall issue a warning letter to the retail establishment or employee informing the
establishment or employee of the requirements of this section. A retail establishment or an
employee of a retail establishment that violates this section after receiving a warning letter
is guilty of a petty misdemeanor. The fine for a first offense must not exceed $50.
new text end

Sec. 33.

Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Local planning assistance. new text end

new text begin A regional development commission or,
in regions not served by regional development commissions, a regional organization
selected by the commissioner of employment and economic development, may develop a
program to support planning on behalf of local units of government. The local planning
must be related to issues of regional or statewide significance and may include, but is not
limited to, the following:
new text end

new text begin (1) local planning and development assistance, which may include local zoning
ordinances and land use plans;
new text end

new text begin (2) community or economic development plans, which may include workforce
development plans, housing development plans and market analysis, JOBZ administration,
grant writing assistance, and grant administration;
new text end

new text begin (3) environment and natural resources plans, which may include solid waste
management plans, wastewater management plans, and renewable energy development
plans;
new text end

new text begin (4) rural community health services; and
new text end

new text begin (5) development of geographical information systems to serve regional needs,
including hardware and software purchases and related labor costs.
new text end

new text begin Each regional development commission or organization shall submit to the
commissioner of employment and economic development an annual work program
that outlines the work items for the upcoming year and establishes the relationship of
the work items to development issues of regional or statewide significance. The entity
completing the annual work program and identifying the statewide development issues
shall consider input from the Departments of Employment and Economic Development,
Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
appropriate to the issues.
new text end

Sec. 34.

Minnesota Statutes 2006, section 469.334, is amended to read:

469.334 DESIGNATION OF ZONE.

Subdivision 1.

Commissioner to designate.

(a) The commissioner, in consultation
with the commissioner of revenue and the director of the Office of Strategic and
Long-Range Planning, deleted text begin shall deleted text end new text begin may new text end designate deleted text begin one or more deleted text end biotechnology and health sciences
industry zones. Priority must be given to applicants with a development plan that links a
higher education/research institution with a biotechnology and health sciences industry
facility.

(b) The commissioner may consult with the applicant prior to the designation of the
zone. The commissioner may modify the development plan, including the boundaries
of the zone or subzones, if in the commissioner's opinion a modified plan would better
meet the objectives of the biotechnology and health sciences industry zone program. The
commissioner shall notify the applicant of the modifications and provide a statement of
the reasons for the modifications.

Subd. 2.

Need indicators.

(a) In evaluating applications to determine the need for
designation of a biotechnology and health sciences industry zone, the commissioner shall
consider the following factors as indicators of need:

(1) the extent to which land in proximity to a significant scientific research institution
could be developed as a higher and better use for biotechnology and health sciences
industry facilities;

(2) the amount of property in or near the zone that is deteriorated or underutilized;
and

(3) the extent to which property in the area would remain underdeveloped or
nonperforming due to physical characteristics.

(b) The commissioner may require applicants to provide data to demonstrate how
the area meets one or more of the indicators of need.

Subd. 3.

Success indicators.

In determining the likelihood of success of a proposed
zone, the commissioner shall consider:

(1) applicants that show a viable link between a higher education/research institution,
the biotechnology and/or medical devices business sectors, and one or more units of
local government with a development plan;

(2) the extent to which the area has substantial real property with adequate
infrastructure and energy to support new or expanded development;

(3) the strength and viability of the proposed development goals, objectives, and
strategies in the development plan;

(4) whether the development plan is creative and innovative in comparison to
other applications;

(5) local public and private commitment to development of a biotechnology and
health sciences industry facility or facilities in the proposed zone and the potential
cooperation of surrounding communities;

(6) existing resources available to the proposed zone;

(7) how the designation of the zone would relate to other economic and community
development projects and to regional initiatives or programs;

(8) how the regulatory burden will be eased for biotechnology and health sciences
industry facilities located in the proposed zone;

(9) proposals to establish and link job creation and job training in the biotechnology
and health sciences industry with research/educational institutions; and

(10) the extent to which the development is directed at encouraging, and that
designation of the zone is likely to result in, the creation of high-paying jobs.

Subd. 4.

Designation schedule.

(a) The schedule in paragraphs (b) to (e) applies to
the designation of the first biotechnology and health sciences industry zone.

(b) The commissioner shall publish the form for applications and any procedural,
form, or content requirements for applications by no later than August 1, 2003. The
commissioner may publish these requirements on the Internet, in the State Register, or by
any other means the commissioner determines appropriate to disseminate the information
to potential applicants for designation.

(c) Applications must be submitted by October 15, 2003.

(d) The commissioner shall designate the zones by no later than December 31, 2003.

(e) The designation of the zones takes effect January 1, 2004.

(f) Additional zones may be designated in later years, deleted text begin following substantially the
same application and designation process as provided in paragraphs (b) to (e) deleted text end new text begin only after
the commissioner of employment and economic development has established criteria for
expanding the number of zones. The criteria must limit designating a new zone to a
community that has adequate resources and infrastructure to support bioindustry, including
postsecondary institutions, strong health care systems, and existing bioscience companies.
It must also require that a new zone be located on a transportation corridor new text end .

Sec. 35. new text begin WORKFORCE ENHANCEMENT FEE.
new text end

new text begin If the commissioner of employment and economic development determines that
the need for services under the dislocated worker program substantially exceeds the
resources that will be available for the program, the commissioner may increase the
special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
more than .12 percent of taxable wages.
new text end

Sec. 36. new text begin FEDERAL PROCUREMENT LIAISON.
new text end

new text begin The commissioner of employment and economic development must establish and
operate a technology and commercialization unit in the Department of Employment and
Economic Development. Appropriation for this purpose must be used to: coordinate
public and private efforts to procure federal funding for collaborative research and
development projects of primary benefit to small- and medium-sized businesses; promote
contractual relationships between Minnesota businesses who, as recipients of federal
grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess
the research and development capabilities of small- and medium-sized businesses;
undertake referral activities to link Minnesota companies with federal requests for
proposal opportunities; and develop a framework for Minnesota companies to establish
sole-sourcing relationships with federal agencies.
new text end

new text begin The commissioner must report to the committees in the house of representatives and
the senate having jurisdiction over bioscience and technology issues on the activities of
the technology and commercialization unit by June 30 of each year.
new text end

Sec. 37. new text begin LOCATION OF NORTHERN MINNESOTA INSPECTORS.
new text end

new text begin By December 31, 2007, the commissioner of labor and industry must assign three
occupational safety and health inspectors to one or more offices on the Iron Range and one
inspector to an office in Bemidji.
new text end

Sec. 38. new text begin WORKING GROUP ON STATE ROLE IN TRADE POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Work group members. new text end

new text begin The Department of Employment and
Economic Development must convene a working group to develop recommendations for
establishing policies and procedures regarding the role of the state in federal trade policy
and trade agreements. The working group must be comprised of 17 members as follows:
new text end

new text begin (1) the governor or his designee;
new text end

new text begin (2) the commissioner of the Department of Employment and Economic Development
or his designee;
new text end

new text begin (3) the commissioner of the Department of Agriculture or his designee;
new text end

new text begin (4) the commissioner of the Department of Administration or his designee;
new text end

new text begin (5) the attorney general or her designee;
new text end

new text begin (6) two members of the Minnesota senate one of whom is appointed by the senate
majority leader and one appointed by the minority leader;
new text end

new text begin (7) two members of the Minnesota house of representatives, one of whom is
appointed by the speaker and one appointed by the minority leader;
new text end

new text begin (8) two members designated by the Minnesota AFL-CIO;
new text end

new text begin (9) two members representing labor organizations other than the AFL-CIO with one
to be appointed by the speaker of the Minnesota house of representatives and one to be
appointed by the majority leader of the Minnesota senate;
new text end

new text begin (10) two members designated by the Minnesota Chamber of Commerce; and
new text end

new text begin (11) two members representing business organizations other than the Minnesota
Chamber of Commerce appointed by the governor.
new text end

new text begin The Department of Employment and Economic Development must provide
administrative support to the working group.
new text end

new text begin Subd. 2. new text end

new text begin Duties; responsibilities. new text end

new text begin The working group may obtain input from other
state and federal agencies as appropriate and may conduct public hearings to allow input
from interested stakeholders. The working group must:
new text end

new text begin (1) determine the state's jurisdiction regarding federal trade policy and trade
agreements;
new text end

new text begin (2) assess the state's current policies, procedures, roles and responsibilities for
providing advice and consent on federal trade policy and trade agreements;
new text end

new text begin (3) review the current means through which the state interacts with the Office of
the United States Trade Representative (USTR) and Congress regarding trade policy and
trade agreements;
new text end

new text begin (4) inventory the federal trade policies and trade agreements that the state of
Minnesota has formally approved or signed on to;
new text end

new text begin (5) examine trade policy models established by other states;
new text end

new text begin (6) develop recommendations for defining responsibilities and procedures for the
state's role in federal trade policy and trade agreements; and
new text end

new text begin (7) prepare legislative recommendations to implement the recommendations of
the working group.
new text end

new text begin The working group must report its findings and recommendations to the governor
and the legislature by December 1, 2007.
new text end

Sec. 39. new text begin STUDY; SAFE PATIENT HANDLING.
new text end

new text begin (a) The commissioner of labor and industry shall study ways to require workers'
compensation insurers to recognize compliance with Minnesota Statutes, section
182.6553, in the workers' compensation premiums of health care and long-term care
facilities. The commissioner shall report by January 15, 2008, the results of the study
to the chairs of the policy committees of the legislature with primary jurisdiction over
workers' compensation issues.
new text end

new text begin (b) By January 15, 2008, the commissioner must make recommendations to the
legislature regarding funding sources available to health care facilities for safe patient
handling programs and equipment, including, but not limited to, low interest loans, interest
free loans, and federal, state, or county grants.
new text end

Sec. 40. new text begin WORK GROUP; SAFE PATIENT HANDLING.
new text end

new text begin The Minnesota State Council on Disability shall convene a work group comprised
of representatives from the Minnesota Medical Association and other organizations
representing clinics, disability advocates, and direct care workers, to do the following:
new text end

new text begin (1) assess the current options for and use of safe patient handling equipment in
unlicensed outpatient clinics, physician offices, and dental settings;
new text end

new text begin (2) identify barriers to the use of safe patient handling equipment in these settings;
and
new text end

new text begin (3) define clinical settings that move patients to determine applicability of the Safe
Patient Handling Act.
new text end

new text begin The work group must report to the legislature by January 15, 2008, including
reports to the chairs of the senate and house of representatives committees on workforce
development.
new text end

Sec. 41. new text begin EFFECT ON RULES.
new text end

new text begin The commissioner of labor and industry shall amend Minnesota Rules, part
5200.0910, to conform to Minnesota Statutes, section 181A.115. The commissioner
may use the good cause exemption in Minnesota Statutes, section 14.388, in adopting
the amendment required by this section.
new text end

Sec. 42. new text begin PUBLIC FACILITIES AUTHORITY FUNDING.
new text end

new text begin To the greatest practical extent, projects on the Public Facilities Authority's 2007
intended use plan, the listings for which were based on the Pollution Control Agency's
2006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
section 21, that could not be certified by the Pollution Control Agency by the applicable
deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
obtain the required certification from the Pollution Control Agency.
new text end

Sec. 43. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18, subdivision
2; 183.375, subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; and 326.64, new text end new text begin
are repealed.
new text end

new text begin (b) Minnesota Statutes 2006, section 326.975, new text end new text begin is repealed effective December
1, 2007.
new text end

ARTICLE 3

LICENSING AND WAGES

Section 1.

Minnesota Statutes 2006, section 16B.63, subdivision 5, is amended to read:

Subd. 5.

Interpretative authority.

To achieve uniform and consistent application
of the State Building Code, the deleted text begin state building official deleted text end new text begin commissioner new text end has final interpretative
authority applicable to all codes adopted as part of the State Building Code except
for the Plumbing Code and the Electrical Code deleted text begin when enforced by the State Board of
Electricity deleted text end . A final interpretative committee composed of seven members, consisting
of three building officials, two inspectors from the affected field, and two construction
industry representatives, shall review requests for final interpretations relating to that field new text begin
for which the commissioner has final interpretative authority new text end . deleted text begin A request deleted text end new text begin The Plumbing
Board has final interpretative authority applicable to the state Plumbing Code and shall
review requests for final interpretation made to the board that relate to the state plumbing
code. The Board of Electricity has final interpretative authority applicable to the state
Electrical Code and shall review requests for final interpretation made to the board that
relate to the state Electrical Code. The Board of High Pressure Piping Systems has final
interpretative authority applicable to the state High Pressure Piping Code and shall review
requests for final interpretation made to the board that relate to the state high pressure
piping code. Except for requests for final interpretations that relate to the state plumbing
code, the state Electrical Code, and the state High Pressure Piping Code, requests new text end for final
interpretation must come from a local or state level building code board of appeals. The
deleted text begin state building official deleted text end new text begin commissioner new text end must establish procedures for membership of the new text begin final
new text end interpretative committees. The appropriate committee shall review the request and make
a recommendation to the deleted text begin state building official deleted text end new text begin commissioner new text end for the final interpretation
within 30 days of the request. The deleted text begin state building official deleted text end new text begin commissioner new text end must issue deleted text begin an deleted text end new text begin a final new text end
interpretation within ten business days deleted text begin from deleted text end new text begin after the receipt of new text end the recommendation from
the deleted text begin review deleted text end new text begin final interpretative new text end committee. deleted text begin A deleted text end new text begin The Plumbing Board, the Board of Electricity,
or the Board of High Pressure Piping Systems shall review a request and issue a final
interpretation within 30 days of the request. Any person aggrieved by new text end final interpretation
may deleted text begin be appealed deleted text end new text begin appeal new text end within 30 days of its issuance deleted text begin to deleted text end new text begin by new text end the commissioner deleted text begin under
section 16B.67 deleted text end new text begin or the board in accordance with chapter 14 new text end . The final interpretation
must be published within ten business days of its issuance and made available to the
public. Municipal building officials shall administer all final interpretations issued by
the deleted text begin state building official deleted text end new text begin commissioner new text end until the final interpretations are considered new text begin by
the commissioner, the Plumbing Board, the Board of Electricity, or the Board of High
Pressure Piping Systems new text end for adoption as part of the State Building Code new text begin , state Plumbing
Code, state Electrical Code, or the High Pressure Piping Code new text end .

Sec. 2.

Minnesota Statutes 2006, section 154.003, is amended to read:

154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the
board, shall be paid to the executive secretary of the board. The executive secretary shall
deposit the fees in the general fund in the state treasury.

(b) The board shall charge the following fees:

(1) examination and certificate, registered barber, $65;

(2) examination and certificate, apprentice, $60;

(3) examination, instructor, $160;

(4) certificate, instructor, $45;

(5) temporary teacher or apprentice permit, $50;

(6) renewal of license, registered barber, $50;

(7) renewal of license, apprentice, $45;

(8) renewal of license, instructor, $60;

(9) renewal of temporary teacher permit, $35;

(10) student permit, $25;

(11) initial shop registration, $60;

(12) initial school registration, $1,010;

(13) renewal shop registration, $60;

(14) renewal school registration, $260;

(15) restoration of registered barber license, $75;

(16) restoration of apprentice license, $70;

(17) restoration of shop registration, $85;

(18) change of ownership or location, $35;

(19) duplicate license, $20; deleted text begin and
deleted text end

(20) home study course, $75 new text begin ; and
new text end

new text begin (21) registration of hair braiders, $20 per year new text end .

Sec. 3.

new text begin [154.465] HAIR BRAIDING.
new text end

new text begin Subdivision 1. new text end

new text begin Registration. new text end

new text begin Any person engaged in hair braiding solely for
compensation as a profession, except persons licensed as cosmetologists, shall register
with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
by the board.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin "Hair braiding" means a natural form of hair manipulation that
results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
includes what is commonly known as "African-style hair braiding" or "natural hair care"
but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
Hair braiding includes the making of customized wigs from natural hair, natural fibers,
synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
or chemical hair bleaching agents applied to growing human hair. For purposes of this
section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
are required solely for hair braiding.
new text end

new text begin Subd. 3. new text end

new text begin Requirements. new text end

new text begin In order to qualify for initial registration, any person
engaged in hair braiding solely for compensation as a profession, except persons licensed
as cosmetologists, shall satisfactorily complete instruction at either an accredited school,
professional association, or by an individual approved by the board. Instruction includes
coursework covering the topics of health, safety, sanitation, and state laws related to
cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in
a foreign language format and such availability shall be reported to and posted by the
Minnesota Board of Barber and Cosmetology Examiners.
new text end

new text begin Subd. 4. new text end

new text begin Curriculum. new text end

new text begin An accredited school, professional association, or an
individual approved by the board desiring to provide the coursework required under
subdivision 3 shall have curriculum in place by January 1, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, except subdivision 4 is
effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:

Subdivision 1.

Examination of records.

The commissioner may enter during
reasonable office hours or upon request and inspect the place of business or employment of
any employer of employees working in the state, to examine and inspect books, registers,
payrolls, and other records of any employer that in any way relate to wages, hours, and
other conditions of employment of any employees. The commissioner may transcribe any
or all of the books, registers, payrolls, and other records as the commissioner deems
necessary or appropriate and may question the employees to ascertain compliance with
sections 177.21 to . The commissioner may investigate wage claims or
complaints by an employee against an employer if the failure to pay a wage may violate
Minnesota law or an order or rule of the department.

Sec. 5.

Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to , 181.02, 181.03, 181.031,
181.032, 181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, and 181.79, or with
any rule promulgated under section 177.28. The department shall serve the order upon
the employer or the employer's authorized representative in person or by certified mail
at the employer's place of business. An employer who wishes to contest the order must
file written notice of objection to the order with the commissioner within 15 calendar
days after being served with the order. A contested case proceeding must then be held
in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 6.

Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:

Subd. 8.

Court actions; suits brought by private parties.

An employee may bring
a civil action seeking redress for a violation or violations of sections 177.21 to
new text begin 177.44 new text end directly to district court. An employer who pays an employee less than the wages
and overtime compensation to which the employee is entitled under sections 177.21 to
new text begin 177.44 new text end is liable to the employee for the full amount of the wages, gratuities, and
overtime compensation, less any amount the employer is able to establish was actually
paid to the employee and for an additional equal amount as liquidated damages. In
addition, in an action under this subdivision the employee may seek damages and other
appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
between the employee and the employer to work for less than the applicable wage is not
a defense to the action.

Sec. 7.

Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:

Subd. 9.

District court jurisdiction.

Any action brought under subdivision 8 may
be filed in the district court of the county wherein a violation or violations of sections
177.21 to new text begin 177.44 new text end are alleged to have been committed, where the respondent resides
or has a principal place of business, or any other court of competent jurisdiction. The
action may be brought by one or more employees.

Sec. 8.

Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:

Subd. 10.

Attorney fees and costs.

In any action brought pursuant to subdivision 8,
the court shall order an employer who is found to have committed a violation or violations
of sections 177.21 to new text begin 177.44 new text end to pay to the employee or employees reasonable costs,
disbursements, witness fees, and attorney fees.

Sec. 9.

Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:

Subdivision 1.

General authority.

The commissioner may adopt rules, including
definitions of terms, to carry out the purposes of sections 177.21 to deleted text begin 177.35 deleted text end new text begin 177.44 new text end , to
prevent the circumvention or evasion of those sections, and to safeguard the minimum
wage and overtime rates established by sections 177.24 and 177.25.

Sec. 10.

Minnesota Statutes 2006, section 177.30, is amended to read:

177.30 KEEPING RECORDS; PENALTY.

Every employer subject to sections 177.21 to deleted text begin 177.35 deleted text end new text begin 177.44 new text end must make and keep a
record of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay, and the amount paid each pay period to each employee;

(3) the hours worked each day and each workweek by the employee; deleted text begin and
deleted text end

new text begin (4) for each employer subject to sections 177.41 to 177.44, and while performing
work on public works projects funded in whole or in part with state funds, the prevailing
wage master job classification of each employee working on the project for each hour
worked; and
new text end

deleted text begin (4) deleted text end new text begin (5) new text end other information the commissioner finds necessary and appropriate to
enforce sections 177.21 to 177.35. The records must be kept for three years in or near the
premises where an employee works new text begin except each employer subject to sections 177.41 to
177.44, and while performing work on public works projects funded in whole or in part
with state funds, the records must be kept for three years after the contracting authority
has made final payment on the public works project new text end .

The commissioner may fine an employer up to $1,000 for each failure to maintain
records as required by this section. This penalty is in addition to any penalties provided
under section 177.32, subdivision 1. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered.

Sec. 11.

Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:

Subd. 3.

Contract requirements.

The contract must specifically state the prevailing
wage rates, prevailing hours of labor, and hourly basic rates of pay. new text begin The contract must also
provide that the contracting agency shall demand, and the contractor and subcontractor
shall furnish to the contracting agency, copies of any or all payrolls not more than 14 days
after the end of each pay period. The payrolls must contain all the data required by section
177.30. The contracting authority may examine all records relating to wages paid laborers
or mechanics on work to which sections 177.41 to 177.44 apply.
new text end

Sec. 12.

Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:

Subd. 4.

Determination by commissioner new text begin ; posting; petition for reconsideration new text end .

The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
trades and occupations required in any project must be ascertained before the state asks for
bids. The commissioner of labor and industry shall investigate as necessary to ascertain
the information. deleted text begin The commissioner deleted text end new text begin Each contractor and subcontractor performing work
on a public project new text end shall keep the information posted on the project in at least one
conspicuous place for the information of the employees working on the project. A person
aggrieved by a final determination of the commissioner may petition the commissioner for
reconsideration of findings. A person aggrieved by a decision of the commissioner after
reconsideration may, within 20 days after the decision, petition the commissioner for a
public hearing in the manner of a contested case under sections 14.57 to 14.61.

Sec. 13.

Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:

Subd. 6.

Examination of records new text begin ; investigation by the department new text end .

The
Department of Labor and Industry shall enforce this section. The department may
demand, and the contractor and subcontractor shall furnish to the department, copies
of any or all payrolls. The department may examine all records relating to wages paid
laborers or mechanics on work to which sections 177.41 to 177.44 apply. new text begin The department
shall employ at least three investigators to perform on-site project reviews, receive and
investigate complaints of violations of this section, and conduct training and outreach to
contractors and contracting authorities for public works projects financed in whole or
in part with state funds.
new text end

Sec. 14.

Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Prevailing wage violations. new text end

new text begin Upon issuing a compliance order to an
employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
177.44, the commissioner shall issue a withholding order to the contracting authority
ordering the contracting authority to withhold payment of sufficient sum to the prime
or general contractor on the project to satisfy the back wages assessed or otherwise
cure the violation, and the contracting authority must withhold the sum ordered until
the compliance order has become a final order of the commissioner and has been fully
paid or otherwise resolved by the employer.
new text end

new text begin During an investigation of a violation of sections 177.41 to 177.44 which the
commissioner reasonably determines is likely to result in the finding of a violation of
sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
177.27, subdivision 4, the commissioner may notify the contracting authority of the
determination and the amount expected to be assessed and the contracting authority shall
give the commissioner 90 days' prior notice of the date the contracting authority intends to
make final payment.
new text end

Sec. 15.

new text begin [181.723] INDEPENDENT CONTRACTORS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Person" means any individual, limited liability corporation, corporation,
partnership, incorporated or unincorporated association, sole proprietorship, joint stock
company, or any other legal or commercial entity.
new text end

new text begin (b) "Department" means the Department of Labor and Industry.
new text end

new text begin (c) "Commissioner" means the commissioner of labor and industry or a duly
designated representative of the commissioner who is either an employee of the
Department of Labor and Industry or person working under contract with the Department
of Labor and Industry.
new text end

new text begin (d) "Individual" means a human being.
new text end

new text begin (e) "Day" means calendar day unless otherwise provided.
new text end

new text begin (f) "Knowingly" means knew or could have known with the exercise of reasonable
diligence.
new text end

new text begin (g) "Document" or "documents" includes papers; books; records; memoranda; data;
contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
maintained in any form or manner.
new text end

new text begin Subd. 2. new text end

new text begin Limited application. new text end

new text begin This section only applies to individuals performing
public or private sector commercial or residential building construction or improvement
services.
new text end

new text begin Subd. 3. new text end

new text begin Employee-employer relationship. new text end

new text begin Except as provided in subdivision
4, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
individual who performs services for a person that are in the course of the person's trade,
business, profession, or occupation is an employee of that person and that person is an
employer of the individual.
new text end

new text begin Subd. 4. new text end

new text begin Independent contractor. new text end

new text begin An individual is an independent contractor and
not an employee of the person for whom the individual is performing services in the course
of the person's trade, business, profession, or occupation only if (1) the individual holds
a current independent contractor exemption certificate issued by the commissioner; and
(2) the individual is performing services for the person under the independent contractor
exemption certificate as provided in subdivision 6. The requirements in clauses (1) and (2)
must be met in order to qualify as an independent contractor and not as an employee of
the person for whom the individual is performing services in the course of the person's
trade, business, profession, or occupation.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin To obtain an independent contractor exemption certificate,
the individual must submit, in the manner prescribed by the commissioner, a complete
application and the certificate fee required under subdivision 14.
new text end

new text begin (a) A complete application must include all of the following information:
new text end

new text begin (1) the individual's full name;
new text end

new text begin (2) the individual's residence address and telephone number;
new text end

new text begin (3) the individual's business name, address, and telephone number;
new text end

new text begin (4) the services for which the individual is seeking an independent contractor
exemption certificate;
new text end

new text begin (5) the individual's Social Security number;
new text end

new text begin (6) the individual's or the individual's business federal employer identification
number, if a number has been issued to the individual or the individual's business;
new text end

new text begin (7) any information or documentation that the commissioner requires by rule that
will assist the department in determining whether to grant or deny the individual's
application; and
new text end

new text begin (8) the individual's sworn statement that the individual meets all of the following
conditions:
new text end

new text begin (i) maintains a separate business with the individual's own office, equipment,
materials, and other facilities;
new text end

new text begin (ii) holds or has applied for a federal employer identification number or has filed
business or self-employment income tax returns with the federal Internal Revenue Service
if the person has performed services in the previous year for which the individual is
seeking the independent contractor exemption certificate;
new text end

new text begin (iii) operates under contracts to perform specific services for specific amounts of
money and under which the individual controls the means of performing the services;
new text end

new text begin (iv) incurs the main expenses related to the service that the individual performs
under contract;
new text end

new text begin (v) is responsible for the satisfactory completion of services that the individual
contracts to perform and is liable for a failure to complete the service;
new text end

new text begin (vi) receives compensation for service performed under a contract on a commission
or per-job or competitive bid basis and not on any other basis;
new text end

new text begin (vii) may realize a profit or suffer a loss under contracts to perform service;
new text end

new text begin (viii) has continuing or recurring business liabilities or obligations; and
new text end

new text begin (ix) the success or failure of the individual's business depends on the relationship of
business receipts to expenditures.
new text end

new text begin (b) Individuals who are applying for or renewing a residential building contractor
or residential remodeler license under sections 326.83 to 326.992 and any rules
promulgated pursuant thereto may simultaneously apply for or renew an independent
contractor exemption certificate. The commissioner shall create an application form
that allows for the simultaneous application for both a residential building contractor
or residential remodeler license and an independent contractor exemption certificate.
If individuals simultaneously apply for or renew a residential building contractor or
residential remodeler license and an independent contractor exemption certificate using
the form created by the commissioner, individuals shall only be required to provide, in
addition to the information required by section 326.89 and rules promulgated pursuant
thereto, the sworn statement required by paragraph (a), clause (8), and any additional
information required by this subdivision that is not also required by section 326.89 and
any rules promulgated thereto. When individuals submit a simultaneous application on the
form created by the commissioner for both a residential building contractor or residential
remodeler license and an independent contractor exemption certificate, the application
fee shall be $150. An independent contractor exemption certificate that is in effect
before March 1, 2009, shall remain in effect until March 1, 2011, unless revoked by the
commissioner or cancelled by the individual.
new text end

new text begin (c) Within 30 days of receiving a complete application and the certificate fee, the
commissioner must either grant or deny the application. The commissioner may deny
an application for an independent contractor exemption certificate if the individual has
not submitted a complete application and certificate fee or if the individual does not
meet all of the conditions for holding the independent contractor exemption certificate.
The commissioner may revoke an independent contractor exemption certificate if the
commissioner determines that the individual no longer meets all of the conditions for
holding the independent contractor exemption certificate, commits any of the actions
set out in subdivision 7, or fails to cooperate with a department investigation into the
continued validity of the individual's certificate. Once issued, an independent contractor
exemption certificate remains in effect for two years unless:
new text end

new text begin (1) revoked by the commissioner; or
new text end

new text begin (2) canceled by the individual.
new text end

new text begin (d) If the department denies an individual's original or renewal application for
an independent contractor exemption certificate or revokes an independent contractor
exemption certificate, the commissioner shall issue to the individual an order denying or
revoking the certificate. The commissioner may issue an administrative penalty order to
an individual or person who commits any of the actions set out in subdivision 7.
new text end

new text begin (e) An individual or person to whom the commissioner issues an order under
paragraph (d) 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 facsimile number specified in the order by the 30th day after service of
the order. If the individual does not request a hearing or if the individual's request for a
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 individual serves or faxes a timely request for hearing, the hearing shall be a contested
case hearing and shall be held in accordance with chapter 14.
new text end

new text begin Subd. 6. new text end

new text begin Performing services under exemption certificate. new text end

new text begin An individual is
performing services for a person under an independent contractor exemption certificate if:
new text end

new text begin (a) the individual is performing services listed on the individual's independent
contractor exemption certificate; and
new text end

new text begin (b) at the time the individual is performing services listed on the individual's
independent contractor exemption certificate, the individual meets all of the following
conditions:
new text end

new text begin (1) maintains a separate business with the individual's own office, equipment,
materials, and other facilities;
new text end

new text begin (2) holds or has applied for a federal employer identification number or has filed
business or self-employment income tax returns with the federal Internal Revenue Service
if the individual performed services in the previous year for which the individual has the
independent contractor exemption certificate;
new text end

new text begin (3) is operating under contract to perform the specific services for the person
for specific amounts of money and under which the individual controls the means of
performing the services;
new text end

new text begin (4) is incurring the main expenses related to the services that the individual is
performing for the person under the contract;
new text end

new text begin (5) is responsible for the satisfactory completion of the services that the individual
has contracted to perform for the person and is liable for a failure to complete the services;
new text end

new text begin (6) receives compensation from the person for the services performed under the
contract on a commission or per-job or competitive bid basis and not on any other basis;
new text end

new text begin (7) may realize a profit or suffers a loss under the contract to perform services for
the person;
new text end

new text begin (8) has continuing or recurring business liabilities or obligations; and
new text end

new text begin (9) the success or failure of the individual's business depends on the relationship of
business receipts to expenditures.
new text end

new text begin Subd. 7. new text end

new text begin Prohibited activities. new text end

new text begin (a) An individual shall not:
new text end

new text begin (1) perform work as an independent contractor who meets the qualifications under
subdivision 6 without first obtaining from the department an independent contractor
exemption certificate;
new text end

new text begin (2) perform work as an independent contractor when the department has denied or
revoked the individual's independent contractor exemption certificate;
new text end

new text begin (3) transfer to another individual or allow another individual to use the individual's
independent contractor exemption certificate;
new text end

new text begin (4) alter or falsify an independent contractor exemption certificate;
new text end

new text begin (5) misrepresent the individual's status as an independent contractor; or
new text end

new text begin (6) make a false material statement, representation, or certification; omit material
information; or alter, conceal, or fail to file a document required by this section or any rule
promulgated by the commissioner under rulemaking authority set out in this section.
new text end

new text begin (b) A person shall not:
new text end

new text begin (1) require an individual through coercion, misrepresentation, or fraudulent means to
adopt independent contractor status;
new text end

new text begin (2) knowingly misrepresent that an individual who has not been issued an
independent contractor exemption certificate or is not performing services for the person
under an independent contractor exemption certificate is an independent contractor; or
new text end

new text begin (3) make a false material statement, representation, or certification; omit material
information; or alter, conceal, or fail to file a document required by this section or any rule
promulgated by the commissioner under rulemaking authority set out in this section.
new text end

new text begin (c) A person for whom an individual is performing services must obtain a copy of the
individual's independent contractor exemption certificate before services may commence.
A copy of the independent contractor exemption certificate must be retained for five years
from the date of receipt by the person for whom an individual is performing services.
new text end

new text begin Subd. 8. new text end

new text begin Remedies. new text end

new text begin An individual or person who violates any provision of
subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
each violation. The department shall deposit penalties in the assigned risk safety account.
new text end

new text begin Subd. 9. new text end

new text begin Commissioner's powers. new text end

new text begin (a) In order to carry out the purposes of this
section, the commissioner may:
new text end

new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take
oral or written statements, and take depositions;
new text end

new text begin (2) request, examine, take possession of, photograph, record, and copy any
documents, equipment, or materials;
new text end

new text begin (3) at a time and place indicated by the commissioner, request persons to appear
before the commissioner to give testimony and produce documents, equipment, or
materials;
new text end

new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give
testimony and produce documents, equipment, or materials; and
new text end

new text begin (5) subject to paragraph (c), with or without notice, enter without delay upon
any property, public or private, for the purpose of taking any action authorized under
this subdivision or the applicable law, including obtaining information or conducting
inspections or investigations.
new text end

new text begin (b) Persons requested by the commissioner to give testimony or produce documents,
equipment, or materials shall respond within the time and in the manner specified by the
commissioner. If no time to respond is specified in the request, then a response shall be
submitted within 30 days of the commissioner's service of the request.
new text end

new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
owner's representative, or lessee's representative to permit the commissioner's entry onto
property as provided in paragraph (a), the commissioner may apply for an administrative
inspection order in the Ramsey County District Court or, at the commissioner's discretion,
in the district court in the county in which the property is located. The commissioner may
anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
property owner's representative, or lessee's representative has refused to permit entry on a
prior occasion or has informed the commissioner that entry will be refused. Upon showing
of administrative probable cause by the commissioner, the district court shall issue an
administrative inspection order that compels the property owner or lessee to permit the
commissioner to enter the property for the purposes specified in paragraph (a).
new text end

new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this subdivision
as a contempt of court.
new text end

new text begin Subd. 10. new text end

new text begin Notice requirements. new text end

new text begin Unless otherwise specified, service of a document
on a person under this section may be by mail, by personal service, or in accordance with
any consent to service filed with the commissioner. Service by mail shall be accomplished
in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
subpart 3.
new text end

new text begin Subd. 11. new text end

new text begin Facsimile; timely service. new text end

new text begin When this section permits a request for
hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
pages in length. The request shall be considered timely served if the facsimile is received
by the commissioner, at the facsimile number identified by the commissioner in the order,
no later than 4:30 p.m. central time on the last day permitted for faxing the request.
Where the quality or authenticity of the faxed request is at issue, the commissioner
may require the original request to be filed. Where the commissioner has not identified
quality or authenticity of the faxed request as an issue and the request has been faxed in
accordance with this subdivision, the person faxing the request does not need to file the
original request with the commissioner.
new text end

new text begin Subd. 12. new text end

new text begin Time period computation. new text end

new text begin In computing any period of time prescribed
or allowed by this section, the day of the act, event, or default from which the designated
period of time begins to run shall not be included. The last day of the period so computed
shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
period runs until the next day which is not a Saturday, Sunday, or legal holiday.
new text end

new text begin Subd. 13. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may, in consultation with the
commissioner of revenue and the commissioner of employment and economic
development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
of chapter 14 that relate to the commissioner's responsibilities under this section. This
subdivision is effective the day following final enactment.
new text end

new text begin Subd. 14. new text end

new text begin Fee. new text end

new text begin The certificate fee for the original application and for the renewal of
an independent contractor exemption certificate shall be $150.
new text end

new text begin Subd. 15. new text end

new text begin Notice to commissioner; review by commissioner of revenue. new text end

new text begin When
the commissioner has reason to believe that an individual who holds a certificate has failed
to maintain all the conditions required by subdivision 6 or is not performing services for a
person under the independent contractor exemption certificate, the commissioner must
notify the commissioner of revenue and the commissioner of employment and economic
development. Upon receipt of notification from the commissioner that an individual who
holds a certificate has failed to maintain all the conditions required by subdivision 6
or is not performing services for a person under the independent contractor exemption
certificate, the commissioner of revenue must review the information returns required
under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
also review the submitted certification that is applicable to returns audited or investigated
under section 289A.35.
new text end

new text begin Subd. 16. new text end

new text begin Data classified. new text end

new text begin Data in applications for an independent contractor
exemption certificate and any required documentation submitted to the commissioner are
private data on individuals as defined in section 13.02. Data in exemption certificates
issued by the commissioner are public data. Data that document a revocation or
cancellation of an exemption certificate are public data. Upon request of the Department
of Revenue or Department of Employment and Economic Development, the commissioner
may release to the requesting department data classified as private under this subdivision
or investigative data that are not public under section 13.39 that relate to the issuance or
denial of applications or revocations of certificates.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment because:

(a) the employee, or a person acting on behalf of an employee, in good faith, reports
a violation or suspected violation of any federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or law enforcement official;

(b) the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;

(c) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or
regulation adopted pursuant to law, and the employee informs the employer that the order
is being refused for that reason; deleted text begin or
deleted text end

(d) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm deleted text begin . deleted text end new text begin ; or
new text end

new text begin (e) a public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate, including reports to a
governmental body or law enforcement official.
new text end

new text begin The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.
new text end

Sec. 17.

Minnesota Statutes 2006, section 181.935, is amended to read:

181.935 INDIVIDUAL REMEDIES; PENALTY.

(a) In addition to any remedies otherwise provided by law, an employee injured by
a violation of section 181.932 may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including reasonable attorney's
fees, and may receive such injunctive and other equitable relief as determined by the court.

(b) An employer who failed to notify, as required under section 181.933 or 181.934,
an employee injured by a violation of section 181.932 is subject to a civil penalty of $25
per day per injured employee not to exceed $750 per injured employee.

new text begin (c) If the district court determines that a violation of section 181.932 occurred,
the court may order any appropriate relief, including but not limited to reinstatement,
back-pay, restoration of lost service credit, if appropriate, compensatory damages, and the
expungement of any adverse records of an employee who was the subject of the alleged
acts of misconduct.
new text end

Sec. 18.

Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:

Subd. 6.

Scope; limitations.

(a) This section applies to a sales representative who,
during some part of the period of the sales representative agreement:

(1) is a resident of Minnesota or maintains that person's principal place of business
in Minnesota; or

(2) whose geographical territory specified in the sales representative agreement
includes part or all of Minnesota.

(b) To be effective, any demand for arbitration under subdivision 5 must be made
in writing and delivered to the principal on or before one year after the effective date of
the termination of the agreement.

new text begin (c) A provision in any contract between a sales representative dealing in plumbing
equipment or supplies and a principal purporting to waive any provision of this act,
whether by express waiver or by a provision stipulating that the contract is subject to the
laws of another state, shall be void.
new text end

Sec. 19.

Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:

Subdivision 1.

Rules.

The state deleted text begin commissioner of health deleted text end new text begin Plumbing Board new text end may, by
rule, prescribe minimum standards which shall be uniform, and which standards shall
thereafter be effective for all new plumbing installations, including additions, extensions,
alterations, and replacements connected with any water or sewage disposal system owned
or operated by or for any municipality, institution, factory, office building, hotel, apartment
building, or any other place of business regardless of location or the population of the
city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
4715.3130, as they apply to review of plans and specifications, the commissioner may
allow plumbing construction, alteration, or extension to proceed without approval of the
plans or specifications by the commissioner.

new text begin Except for powers granted to the Plumbing Board, new text end the commissioner new text begin of labor and
industry new text end shall administer the provisions of sections 326.37 to 326.45 and for such purposes
may employ plumbing inspectors and other assistants.

Sec. 20.

Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

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

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

new 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.
new text end

Sec. 21.

new text begin [326.372] PLUMBING BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Plumbing Board shall consist of 13 members.
Eleven 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 designee, who shall be a voting member. One member shall be the
commissioner of health or the designee, who shall not be a voting member. Of the 11
appointed members, the composition shall be as follows:
new text end

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

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

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

new text begin (4) one member shall be a residential plumbing contractor;
new text end

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

new text begin (6) one member shall be a residential plumbing journeyman;
new text end

new text begin (7) one member shall be a water conditioning contractor; and
new text end

new text begin (8) one member shall be a municipal public water supply system operator or
superintendent.
new text end

new text begin (b) One of the municipal plumbing inspectors shall be appointed for an initial term to
end on December 31, 2010, and one 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,
and one 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, and one
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, 2010. The municipal public water
supply system operator or superintendent shall be appointed for an initial term to end
on December 31, 2011.
new text end

new text begin (c) The licensed professional engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term served on the
board. All other appointed members, except the water conditioning contractor 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 terms. The water conditioning contractor must be licensed
as a water conditioning contractor by the department and maintain the license for the
duration of the term served on the board. All appointed members must be residents of
Minnesota at the time of and throughout their terms. The term of any appointed member
who does not maintain membership qualification status shall end on the date of status
change and the governor shall appoint a replacement member. It is the responsibility of
the member to notify the board of a change in the member's status.
new text end

new text begin (d) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on the first Monday in January. 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 successors are appointed but in no case later than July 1 in a year in which the
term expires unless reappointed.
new text end

new text begin Subd. 2. new text end

new text begin Powers; duties; administrative support. new text end

new text begin (a) The board shall have the
power to:
new text end

new text begin (1) elect its chair, vice-chair, and secretary;
new text end

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

new text begin (3) adopt the Plumbing Code that must be followed in this state and any Plumbing
Code amendments thereto. The board shall adopt the Plumbing Code and any amendments
thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs (b), (c),
and (d);
new text end

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

new text begin (5) adopt rules that regulate the licensure or registration of plumbing contractors,
journeymen, apprentices, master plumbers, restricted master plumbers, and restricted
journeymen and other persons engaged in the design, installation, and alteration of
plumbing 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);
new text end

new text begin (6) adopt rules that regulate continuing education for individuals licensed or
registered as plumbing contractors, journeymen, apprentices, master plumbers, restricted
master plumbers, and restricted journeymen or other persons engaged in the design,
installation, and alteration of plumbing systems licensed pursuant to sections 326.37
to 326.45. The board shall adopt these rules pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (e) and (f);
new text end

new text begin (7) advise the commissioner regarding educational requirements for plumbing
inspectors;
new text end

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

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

new text begin (10) approve license reciprocity agreements;
new text end

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

new text begin (12) recommend the fees for licenses and certifications.
new text end

new text begin Except for the powers granted to the Plumbing Board, the commissioner of labor
and industry shall administer and enforce the provisions of sections 326.37 to 326.45 and
any rules promulgated pursuant thereto.
new text end

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

new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards. 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.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) Members of the board may be compensated at the rate
of $55 a day spent on board activities, when authorized by the board, plus expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Members who, as a result of time spent attending board
meetings, incur child care expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization.
new text end

new text begin (b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are compensated by the state or political subdivision. However, a
state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activities. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
new text end

new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent
on board activities for purposes of making daily payments under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Removal; vacancies. new text end

new text begin (a) An appointed member of the board may be
removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
missing three consecutive meetings. The chair of the board shall inform the governor of
an appointed member missing three consecutive meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall notify the
appointed member in writing that the member may be removed for missing the next
meeting. In the case of a vacancy on the board, the governor shall, with the advice
and consent of the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
new text end

new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Membership vacancies within three months of appointment.
new text end

new text begin Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
three months after being filled through the appointment process, the governor may,
upon notification to the Office of the Secretary of State, choose a new member from the
applications on hand and need not repeat the process.
new text end

new text begin Subd. 6. new text end

new text begin Officers, quorum, voting. new text end

new text begin (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 are not covered
by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.
new text end

new text begin (b) Except as provided in paragraph (c), each Plumbing 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 Plumbing Code rulemaking
proceeding initiated by the board. If a Plumbing 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 Plumbing Code amendment shall not be included in the next
Plumbing Code rulemaking proceeding initiated by the board.
new text end

new text begin (c) If the Plumbing Code amendment considered by the board is to replace the
Minnesota Plumbing Code with a model Plumbing Code, then the amendment may only
be included in the next Plumbing Code rulemaking proceeding if it receives an affirmative
two-thirds or more majority vote of all of the voting members of the board.
new text end

new text begin (d) The board may reconsider Plumbing Code amendments during an active
Plumbing 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 Plumbing Code amendment is presented to the
board. The board may also reconsider failed Plumbing Code amendments in subsequent
Plumbing Code rulemaking proceedings.
new text end

new text begin (e) Except as provided in paragraph (f), 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.
new text end

new text begin (f) The board may reconsider a proposed rule or rule amendment 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 a failed proposed rule or rule amendment in subsequent
rulemaking proceedings.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall hold meetings at such times as the
board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
and in such a manner as the bylaws may provide.
new text end

new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a
meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the board can
hear clearly all discussion and testimony and all votes of members of the board and, if
needed, receive those services required by sections 15.44 and 15.441;
new text end

new text begin (3) at least one member of the board is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin (c) Each member of the board participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The board may require the person
making such a connection to pay for documented costs that the board incurs as a result of
the additional connection.
new text end

new text begin (e) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and that a
person may monitor the meeting electronically from a remote location. The timing and
method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Complaints. new text end

new text begin (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 plumbing services, the performance or offering to perform
plumbing services requiring licensure by an unlicensed person, or Plumbing Code
compliance. Each complaint or communication that is forwarded to the commissioner
shall be submitted on a form provided by the commissioner.
new text end

new text begin (b) The commissioner shall advise the board of the status of a 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.
new text end

new text begin Subd. 9. new text end

new text begin Data Practices Act. new text end

new text begin The board is subject to chapter 13, the Minnesota
Government Data Practices Act, and shall protect from unlawful disclosure data classified
as not public.
new text end

new text begin Subd. 10. new text end

new text begin Official records. new text end

new text begin The board shall make and preserve all records necessary
to a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

Sec. 22.

Minnesota Statutes 2006, section 326.38, is amended to read:

326.38 LOCAL REGULATIONS.

Any city having a system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
airports commission, may, by ordinance, adopt local regulations providing for plumbing
permits, bonds, approval of plans, and inspections of plumbing, which regulations are
not in conflict with the plumbing standards on the same subject prescribed by the state
deleted text begin commissioner of health deleted text end new text begin Plumbing Board new text end . No city or such town shall prohibit plumbers
licensed by the state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end from engaging in or
working at the business, except cities and statutory cities which, prior to April 21, 1933,
by ordinance required the licensing of plumbers. new text begin No city or town may require a license
for persons performing building sewer or water service installation who have completed
pipe laying training as prescribed by the commissioner of labor and industry. new text end Any city
by ordinance may prescribe regulations, reasonable standards, and inspections and grant
permits to any person, firm, or corporation engaged in the business of installing water
softeners, who is not licensed as a master plumber or journeyman plumber by the state
commissioner of deleted text begin health deleted text end new text begin labor and industry new text end , to connect water softening and water filtering
equipment to private residence water distribution systems, where provision has been
previously made therefor and openings left for that purpose or by use of cold water
connections to a domestic water heater; where it is not necessary to rearrange, make any
extension or alteration of, or addition to any pipe, fixture or plumbing connected with
the water system except to connect the water softener, and provided the connections so
made comply with minimum standards prescribed by the state deleted text begin commissioner of health deleted text end new text begin
Plumbing Board new text end .

Sec. 23.

Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:

Subdivision 1.

License required deleted text begin ; master and journeyman plumbers deleted text end .

deleted text begin In any city
now or hereafter having 5,000 or more population, according to the last federal census,
and having a system of waterworks or sewerage, deleted text end new text begin (a) new text end No person, firm, or corporation shall
engage in or work at the business of a master plumber deleted text begin or deleted text end new text begin , restricted master plumber, new text end
journeyman plumber new text begin , and restricted journeyman plumber new text end unless licensed to do so by the
state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end . new text begin A license is not required for persons
performing building sewer or water service installation who have completed pipe laying
training as prescribed by the commissioner of labor and industry. new text end A master plumber may
also work as a journeyman plumber new text begin , a restricted journeyman plumber, and a restricted
master plumber. A journeyman plumber may also work as a restricted journeyman
plumber new text end . Anyone not so licensed may do plumbing work which complies with the
provisions of the minimum deleted text begin standard deleted text end new text begin standards new text end prescribed by the state deleted text begin commissioner of
deleted text end deleted text begin health deleted text end new text begin Plumbing Board new text end on premises or that part of premises owned and actually occupied
by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.

deleted text begin In any such city deleted text end new text begin (b) new text end No person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and selling
of plumbing material and supplies unless at all times a licensed master plumber, new text begin or in
cities and towns with a population of fewer than 5,000 according to the federal census a
restricted master plumber, new text end who shall be responsible for proper installation, is in charge
of the plumbing work of the person, firm, or corporation.

The deleted text begin Department of Health deleted text end new text begin Plumbing Board new text end shall prescribe rules, not inconsistent
herewith, for the examination and licensing of plumbers.

Sec. 24.

Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:

Subd. 2.

Journeyman exam.

A plumber's apprentice who has completed four years
of practical plumbing experience is eligible to take the journeyman plumbing examination.
Up to 24 months of practical plumbing experience prior to registration as an apprentice
may be applied to the four-year experience requirement. However, none of this practical
plumbing experience may be applied if the person did not have any practical plumbing
experience in the 12-month period immediately prior to registration. The deleted text begin commissioner deleted text end new text begin
Plumbing Board new text end may adopt rules to evaluate whether the person's past practical plumbing
experience is applicable in preparing for the journeyman's examination. If two years
after completing the training the person has not taken the examination, the four years
of experience shall be forfeited.

The commissioner may allow an extension of the two-year period for taking the
exam for cases of hardship or other appropriate circumstances.

Sec. 25.

new text begin [326.402] RESTRICTED PLUMBER LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin The commissioner of labor and industry shall grant a
restricted journeyman or restricted master plumber license to an individual if:
new text end

new text begin (1) the individual completes an application with information required by the
commissioner of labor and industry;
new text end

new text begin (2) the completed application is accompanied by a fee of $90;
new text end

new text begin (3) the commissioner of labor and industry receives the completed application and
fee before January 1, 2008;
new text end

new text begin (4) the completed application demonstrates that the applicant has had at least two
years for a restricted journeyman plumber license or four years for a restricted master
plumber license of practical plumbing experience in the plumbing trade prior to the
application; and
new text end

new text begin (5) during the entire time for which the applicant is claiming experience in
contracting for plumbing work under clause (4), the applicant was in compliance with all
applicable requirements of section 326.40.
new text end

new text begin Subd. 2. new text end

new text begin Use of license. new text end

new text begin A restricted master plumber and restricted journeyman
plumber may engage in the plumbing trade in all areas of the state except in cities and
towns with a population of more than 5,000 according to the federal census.
new text end

new text begin Subd. 3. new text end

new text begin Application period. new text end

new text begin Applications for restricted master plumber and
restricted journeyman plumber licenses must be submitted to the commissioner prior
to January 1, 2008.
new text end

new text begin Subd. 4. new text end

new text begin Renewal; use period for license. new text end

new text begin A restricted master plumber and
restricted journeyman plumber license must be renewed annually for as long as that
licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
restricted journeyman plumber license within 12 months after the expiration date will
result in permanent forfeiture of the restricted master plumber and restricted journeyman
plumber license.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition of transference. new text end

new text begin A restricted master plumber and restricted
journeyman plumber license may not be transferred or sold to any other person.
new text end

new text begin Subd. 6. new text end

new text begin Bond; insurance. new text end

new text begin A restricted master plumber licensee is subject to the
bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
provided by section 326.40, subdivision 3, applies.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin The annual fee for the restricted master plumber and restricted
journeyman plumber licenses is the same fee as for a master or journeyman plumber
license, respectively.
new text end

Sec. 26.

Minnesota Statutes 2006, section 326.405, is amended to read:

326.405 RECIPROCITY WITH OTHER STATES.

deleted text begin The commissioner of health may license without examination, upon payment of the
required fee, nonresident applicants who are licensed under the laws of a state having
standards for licensing plumbers which the commissioner determines are substantially
equivalent to the standards of this state if the other state grants similar privileges to
Minnesota residents duly licensed in this state. deleted text end new text begin The commissioner may issue a temporary
license without examination, upon payment of the required fee, nonresident applicants
who are licensed under the laws of a state having standards for licensing which the
commissioner determines are substantially equivalent to the standards of this state if
the other state grants similar privileges to Minnesota residents duly licensed in this
state. Applicants who receive a temporary license under this section may acquire an
aggregate of 24 months of experience before they have to apply and pass the licensing
examination. Applicants must register with the commissioner of labor and industry and
the commissioner shall set a fee for a temporary license. Applicants have five years in
which to comply with this section.
new text end

Sec. 27.

Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:

Subdivision 1.

Application.

Applications for plumber's license shall be made to the
state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end , with fee. Unless the applicant is entitled
to a renewal, the applicant shall be licensed by the state commissioner of deleted text begin health deleted text end new text begin labor and
industry new text end only after passing a satisfactory examination new text begin administered new text end by the deleted text begin examiners deleted text end new text begin
commissioner of labor and industry, based upon rules adopted by the Plumbing Board new text end
showing fitness. Examination fees for both journeyman and master plumbers shall be in
an amount prescribed by the state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end pursuant to
section 144.122. Upon being notified that of having successfully passed the examination
for original license the applicant shall submit an application, with the license fee herein
provided. License fees shall be in an amount prescribed by the state commissioner of
deleted text begin health deleted text end new text begin labor and industry new text end pursuant to section 144.122. Licenses shall expire and be
renewed as prescribed by the commissioner pursuant to section 144.122.

Sec. 28.

new text begin [326B.04] DEPOSIT OF MONEY.
new text end

new text begin Subdivision 1. new text end

new text begin Construction code fund. new text end

new text begin There is created in the state treasury
a construction code fund as a special revenue fund for the purpose of administering this
chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
sections, except penalties, is credited to the construction code fund unless otherwise
specifically designated by law. Any interest or profit accruing from investment of these
sums is credited to the construction code fund. All money collected in the construction
code fund is appropriated to the commissioner of labor and industry to administer and
enforce the provisions of the laws identified in this section.
new text end

new text begin Unless otherwise provided by law, all penalties assessed under this chapter, section
327.35, and chapter 327B are credited to the assigned risk safety account established
by section 79.253.
new text end

new text begin Subd. 2. new text end

new text begin Deposits. new text end

new text begin All remaining balances as of June 30, 2007, in the state
government special revenue fund and special revenue fund accounts maintained for
the Building Codes and Standards Division, Board of Electricity, and plumbing and
engineering unit are transferred to the construction code fund. Unless otherwise
specifically designated by law: (1) all money collected under chapter 183 and sections
16B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to
326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to
327B.12, except penalties, is credited to the construction code fund; (2) all fees collected
under section 45.23 in connection with continuing education for residential contractors,
residential remodelers, and residential roofers are credited to the construction code fund;
and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all
penalties assessed under sections 144.99 to 144.993 in connection with any violation of
sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections
are credited to the assigned risk safety account established by section 79.253.
new text end

Sec. 29.

new text begin [326B.89] CONTRACTOR RECOVERY FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Gross annual receipts" means the total amount derived from residential
contracting or residential remodeling activities, regardless of where the activities are
performed, and must not be reduced by costs of goods sold, expenses, losses, or any
other amount.
new text end

new text begin (c) "Licensee" means a person licensed as a residential contractor or residential
remodeler.
new text end

new text begin (d) "Residential real estate" means a new or existing building constructed for
habitation by one to four families, and includes detached garages.
new text end

new text begin (e) "Fund" means the contractor recovery fund.
new text end

new text begin Subd. 2. new text end

new text begin Generally. new text end

new text begin The contractor recovery fund is created in the state treasury
and shall be administered by the commissioner for the purposes described in this section.
Any interest or profit accruing from investment of money in the fund shall be credited
to the contractor recovery fund.
new text end

new text begin Subd. 3. new text end

new text begin Fund fees. new text end

new text begin In addition to any other fees, a person who applies for or
renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
shall pay, in addition to the appropriate application or renewal fee, the following additional
fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
gross annual receipts for the person's most recent fiscal year preceding the application or
renewal, on the following scale:
new text end

	new text begin Fee new text end	new text begin Gross Annual Receipts new text end
	new text begin $160 new text end	new text begin under $1,000,000 new text end
	new text begin $210 new text end	new text begin $1,000,000 to $5,000,000 new text end
	new text begin $260 new text end	new text begin over $5,000,000 new text end

new text begin Subd. 4. new text end

new text begin Purpose of fund. new text end

new text begin The purpose of this fund is to:
new text end

new text begin (1) compensate owners or lessees of residential real estate who meet the requirements
of this section;
new text end

new text begin (2) reimburse the department for all legal and administrative expenses,
disbursements, and costs, including staffing costs, incurred in administering and defending
the fund;
new text end

new text begin (3) pay for educational or research projects in the field of residential contracting to
further the purposes of sections 326B.801 to 326B.825; and
new text end

new text begin (4) provide information to the public on residential contracting issues.
new text end

new text begin Subd. 5. new text end

new text begin Payment limitations. new text end

new text begin 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 end

new text begin Subd. 6. new text end

new text begin Verified application. new text end

new text begin 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:
new text end

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

new text begin (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;
new text end

new text begin (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 transaction that occurred when the licensee was licensed and
performing any of the special skills enumerated under section 326B.802, subdivision 19;
new text end

new text begin (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;
new text end

new text begin (5) that the residential real estate is located in Minnesota;
new text end

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

new text begin (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; and
new text end

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

new text begin The owner's and the lessee's actual and direct out-of-pocket loss shall not include
attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
the loss. 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.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner review. new text end

new text begin The commissioner shall within 120 days after
receipt of the verified application:
new text end

new text begin (1) enter into an agreement with an owner or a lessee that resolves the verified
application for compensation from the fund; or
new text end

new text begin (2) issue an order to the owner or the lessee accepting, modifying, or denying the
verified application for compensation from the fund.
new text end

new text begin Upon receipt of an order issued under clause (2), the owner or the lessee shall have
30 days to serve upon the commissioner a written request for a hearing. If the owner or
the lessee does not serve upon the commissioner a timely written request for hearing, the
order issued under clause (2) shall become a final order of the commissioner that may not
be reviewed by any court or agency. The commissioner shall order compensation from
the fund only if the owner or the lessee has filed a verified application that complies with
subdivision 6 and if the commissioner determines based on review of the application that
compensation should be paid from the fund. The commissioner shall not be bound by any
prior settlement, compromise, or stipulation between the owner or the lessee and the
licensee.
new text end

new text begin Subd. 8. new text end

new text begin Administrative hearing. new text end

new text begin If an owner or a lessee timely serves a request
for hearing under subdivision 7, the commissioner shall request that an administrative law
judge be assigned and that a hearing be conducted under the contested case provisions
of chapter 14 within 30 days after the service of the request for hearing upon the
commissioner. Upon petition of the commissioner, the administrative law judge shall
continue the hearing up to 60 days and upon a showing of good cause may continue the
hearing for such additional period as the administrative law judge deems appropriate.
At the hearing the owner or the lessee shall have the burden of proving by substantial
evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
findings of fact, conclusions of law, and order. If the administrative law judge finds that
compensation should be paid to the owner or the lessee, the administrative law judge
shall order the commissioner to make payment from the fund of the amount it finds to be
payable pursuant to the provisions of and in accordance with the limitations contained in
this section. The order of the administrative law judge shall constitute the final decision of
the agency in the contested case. Judicial review of the administrative law judge's findings
of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
new text end

new text begin Subd. 9. new text end

new text begin Satisfaction of applications for compensation. new text end

new text begin The commissioner shall
pay compensation from the fund to an owner or a lessee pursuant to the terms of an
agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
of the fiscal year following the fiscal year during which the agreement was entered into or
during which the order became final, subject to the limitations of this section. At the end
of each fiscal year the commissioner shall calculate the amount of compensation to be
paid from the fund pursuant to agreements that have been entered into under subdivision
7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
subdivision 8. If the calculated amount exceeds the amount available for payment, then
the commissioner shall allocate the amount available among the owners and the lessees
in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
bears to the amount calculated. The commissioner shall mail notice of the allocation to
all owners and lessees not less than 45 days following the end of the fiscal year. Any
compensation paid by the commissioner in accordance with this subdivision shall be
deemed to satisfy and extinguish any right to compensation from the fund based upon the
verified application of the owner or lessee.
new text end

new text begin Subd. 10. new text end

new text begin Right of subrogation. new text end

new text begin If the commissioner pays compensation from the
fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
judgment in the amount of compensation paid from the fund and the owner or the lessee
shall assign to the commissioner all rights, title, and interest in the final judgment in
the amount of compensation paid. The commissioner shall deposit in the fund money
recovered under this subdivision.
new text end

new text begin Subd. 11. new text end

new text begin Effect of section on commissioner's authority. new text end

new text begin Nothing contained
in this section shall limit the authority of the commissioner to take disciplinary action
against a licensee under the provisions of this chapter. A licensee's repayment in full of
obligations to the fund shall not nullify or modify the effect of any other disciplinary
proceeding brought under the provisions of this chapter.
new text end

new text begin Subd. 12. new text end

new text begin Limitation. new text end

new text begin Nothing may obligate the fund to compensate:
new text end

new text begin (1) insurers or sureties under subrogation or similar theories; or
new text end

new text begin (2) owner of residential property for final judgments against a prior owner of the
residential property unless the claim is brought and judgment is rendered for breach of the
statutory warranty set forth in chapter 327A.
new text end

new text begin Subd. 13. new text end

new text begin Condominiums or townhouses. new text end

new text begin For purposes of this section, the owner
or the lessee of a condominium or townhouse is considered an owner or a lessee of
residential property regardless of the number of residential units per building.
new text end

new text begin Subd. 14. new text end

new text begin Accelerated compensation. new text end

new text begin (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 requirements in paragraphs (b) and (c) have been satisfied.
new text end

new text begin (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, 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 15 days
after the owner or lessee serves the verified application.
new text end

new text begin (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.
new text end

new text begin Subd. 15. new text end

new text begin Appropriation. new text end

new text begin Money in the fund is appropriated to the commissioner
for the purposes of this section.
new text end

new text begin Subd. 16. new text end

new text begin Additional assessment. new text end

new text begin If the balance in the fund is at any time less than
the commissioner determines is necessary to carry out the purposes of this section, every
licensee, when renewing a license, shall pay, in addition to the annual renewal fee and
the fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner
shall set the amount of assessment based on a reasonable determination of the amount
that is necessary to restore a balance in the fund that is adequate to carry out the purposes
of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2007, except that
subdivisions 1, 3, and 15 are effective July 1, 2007.
new text end

Sec. 30.

Minnesota Statutes 2006, section 341.21, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Mixed martial arts. new text end

new text begin "Mixed martial arts" means any combination of
boxing, kick boxing, wrestling, grappling, or other recognized martial arts.
new text end

Sec. 31.

Minnesota Statutes 2006, section 341.22, is amended to read:

341.22 BOXING COMMISSION.

There is hereby created the Minnesota Boxing Commission consisting of deleted text begin five deleted text end new text begin nine new text end
members who are citizens of this state. The members must be appointed by the governor.
One member of the commission must be a retired judge of the Minnesota district court,
Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court
for the District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three
members must have knowledge of the boxing industry. new text begin At least four members must have
knowledge of the mixed martial arts industry. new text end The governor shall make serious efforts to
appoint qualified women to serve on the commission. Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements must be as provided in sections 214.07 to 214.09. The provision of
staff, administrative services, and office space; the review and processing of complaints;
the setting of fees; and other provisions relating to commission operations must be as
provided in chapter 214. The purpose of the commission is to protect health, promote
safety, and ensure fair events.

Sec. 32.

Minnesota Statutes 2006, section 341.25, is amended to read:

341.25 RULES.

(a) The commission may adopt rules that include standards for the physical
examination and condition of boxers and referees.

(b) The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and
fights, and their manner, supervision, time, and place.

new text begin (c) The commission must adopt unified rules for mixed martial arts.
new text end

Sec. 33.

Minnesota Statutes 2006, section 341.27, is amended to read:

341.27 COMMISSION DUTIES.

The commission shall:

(1) issue, deny, renew, suspend, or revoke licenses;

(2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;

(3) keep public records of the commission open to inspection at all reasonable times;

(4) assist the director in the development of rules to be implemented under this
chapter; deleted text begin and
deleted text end

(5) conform to the rules adopted under this chapter new text begin ; and
new text end

new text begin (6) develop policies and procedures for regulating mixed martial arts new text end .

Sec. 34.

Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:

Subd. 2.

Regulatory authority; tough person contests.

All tough person contests,
including amateur tough person contests, are subject to this chapter. new text begin All tough person
contests are subject to American Boxing Commission (ABC) rules. Every contestant
in a tough person contest shall have a physical examination prior to their bouts. new text end Every
contestant in a tough person contest shall wear padded gloves that weigh at least 12
ounces. new text begin All tough person bouts are limited to two-minute rounds and a maximum of four
total rounds. Officials at tough person bouts shall be licensed under this chapter.
new text end

Sec. 35.

Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Regulatory authority; similar sporting events. new text end

new text begin All mixed martial arts,
ultimate fight contests, and similar sporting events are subject to this chapter.
new text end

Sec. 36.

Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:

Subd. 2.

Expiration and renewal.

A license deleted text begin expires December 31 at midnight in
the year of its issuance deleted text end new text begin issued after the effective date of this act is valid for one year from
the date it is issued new text end and may be renewed by filing an application for renewal with the
commission and payment of the license fee. An application for a license and renewal of a
license must be on a form provided by the commission. There is a 30-day grace period
during which a license may be renewed if a late filing penalty fee equal to the license fee
is submitted with the regular license fee. A licensee that files late shall not conduct any
activity regulated by this chapter until the commission has renewed the license. If the
licensee fails to apply to the commission within the 30-day grace period, the licensee must
apply for a new license under subdivision 1.

Sec. 37.

Minnesota Statutes 2006, section 341.321, is amended to read:

341.321 FEE SCHEDULE.

new text begin (a) new text end The fee schedule for licenses issued by the Minnesota Boxing Commission
is as follows:

(1) referees, deleted text begin $35 deleted text end new text begin $45 new text end for each initial license and each renewal;

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

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

(4) trainers, deleted text begin $35 deleted text end new text begin $45 new text end for each initial license and each renewal;

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

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

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

(8) boxers, deleted text begin $35 deleted text end new text begin $45 new text end for each initial license and each renewal deleted text begin . deleted text end new text begin ; new text end

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

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

new text begin (b) The commission shall establish and assess an event fee for each sporting event.
The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
determined by the commission when the sporting event is scheduled.
new text end

new text begin (c) new text end All fees collected by the Minnesota Boxing Commission must be deposited in
the Boxing Commission account in the special revenue fund.

Sec. 38.

Minnesota Statutes 2006, section 471.471, subdivision 4, is amended to read:

Subd. 4.

Application process.

A person seeking a waiver shall apply to the
deleted text begin Building Code and Standards Division of the deleted text end Department of deleted text begin Administration deleted text end new text begin Labor and
Industry new text end on a form prescribed by the board and pay a $70 fee new text begin to the construction code
fund new text end . The division shall review the application to determine whether it appears to be
meritorious, using the standards set out in subdivision 3. The division shall forward
applications it considers meritorious to the board, along with a list and summary of
applications considered not to be meritorious. The board may require the division to
forward to it an application the division has considered not to be meritorious. The board
shall issue a decision on an application within 90 days of its receipt. A board decision
to approve an application must be unanimous. An application that contains false or
misleading information must be rejected.

Sec. 39. new text begin WHISTLE-BLOWER PROTECTION ADMINISTRATIVE
PROCEDURES.
new text end

new text begin By January 15, 2008, the commissioner of labor and industry shall report to the
legislature its recommendations for implementing an administrative review procedure to
address whistle-blower protection complaints under section 181.932.
new text end

Sec. 40. new text begin TRANSFER OF AUTHORITY; PLUMBING BOARD.
new text end

new text begin The commissioner of administration may not use the authority under Minnesota
Statutes, section 16B.37, to modify the transfers of authority in this act.
new text end

Sec. 41. new text begin FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.
new text end

new text begin The governor must complete the appointments required by Minnesota Statutes,
section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall
convene the first meeting of the Plumbing Board no later than September 1, 2007.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Sections 176.042 and 286.035, subdivision 9, are repealed
effective January 1, 2009.
new text end

ARTICLE 4

HIGH PRESSURE PIPING

Section 1.

Minnesota Statutes 2006, section 326.46, is amended to read:

326.46 deleted text begin SUPERVISION OF deleted text end new text begin DEPARTMENT TO SUPERVISE new text end HIGH
PRESSURE PIPING.

The department deleted text begin of Labor and Industry deleted text end shall supervise all high pressure piping used
on all projects in this state deleted text begin , and may prescribe minimum standards which shall be uniform deleted text end .

The department shall employ inspectors and other assistants to carry out the
provisions of sections 326.46 to 326.52.

Sec. 2.

Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:

Subd. 2.

Permissive municipal regulation.

A municipality may, by ordinance,
provide for the inspection of high pressure piping system materials and construction, and
provide that it shall not be constructed or installed except in accordance with minimum
state standards. The authority designated by the ordinance for issuing high pressure piping
permits and assuring compliance with state standards must report to the Department of
Labor and Industry all violations of state high pressure piping standards.

A municipality may not adopt an ordinance with high pressure piping standards that
does not conform to the uniform standards prescribed by the deleted text begin Department of Labor and
Industry deleted text end new text begin board new text end . The deleted text begin Department of Labor and Industry deleted text end new text begin board new text end shall specify by rule the
minimum qualifications for municipal inspectors.

Sec. 3.

new text begin [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Board of High Pressure Piping Systems shall
consist of 12 members. Eleven 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 designee, who shall be a voting member. Of
the 11 appointed members, the composition shall be as follows:
new text end

new text begin (1) one member shall be a high pressure piping inspector;
new text end

new text begin (2) one member shall be a licensed professional mechanical engineer;
new text end

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

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

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

new text begin (6) two members shall be representatives of industrial companies which use high
pressure piping systems in their industrial processes.
new text end

new text begin (b) 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 high pressure piping
contractors shall be appointed for a term to end December 31, 2011, and two high pressure
piping contractors shall be appointed for a term to end December 31, 2010. One of the
high pressure piping journeymen shall be appointed for a term to end December 31, 2011,
and one high pressure piping journeyman shall be appointed for a term to end December
31, 2010. The two representatives of industrial companies that use high pressure piping
systems in their industrial process shall be appointed for a term to end December 31, 2010.
new text end

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

new text begin (d) For appointed members, except for the initial terms designated in paragraph (a),
each term shall be three years with the terms ending on the first Monday in January.
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.
new text end

new text begin Subd. 2. new text end

new text begin Powers; duties; administrative support. new text end

new text begin (a) The board shall have the
power to:
new text end

new text begin (1) elect its chair, vice-chair, and secretary;
new text end

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

new text begin (3) adopt the High Pressure Piping Code that must be followed in this state and any
High Pressure Piping Code amendments thereto pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (b), (c), and (d);
new text end

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

new text begin (5) 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, paragraph (e);
new text end

new text begin (6) adopt rules that regulate continuing education for individuals licensed or
registered as high pressure piping contractors, journeymen, or other persons engaged in
the design, installation, and alteration of high pressure piping systems. The board shall
adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraph (e);
new text end

new text begin (7) advise the commissioner regarding educational requirements for high pressure
piping inspectors;
new text end

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

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

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

new text begin (11) recommend the fees for licenses and certifications.
new text end

new text begin Except for the powers granted to the Board of High Pressure Piping Systems, the
commissioner of labor and industry shall administer and enforce the provisions of sections
326.46 to 326.521 and any rules promulgated pursuant thereto.
new text end

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

new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards. 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.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) Members of the board may be compensated at the rate
of $55 per day spent on board activities, when authorized by the board, plus expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Members who, as a result of time spent attending board
meetings, incur child care expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization.
new text end

new text begin (b) Members who are state employees or employees of political subdivisions of
the state must not receive the daily payment for activities that occur during working
hours for which they are compensated by the state or political subdivision. However, a
state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activities. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
new text end

new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent
on board activities for purposes of making daily payments under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Removal; vacancies. new text end

new text begin (a) An appointed member of the board may be
removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
missing three consecutive meetings. The chair of the board shall inform the governor of
an appointed member missing three consecutive meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall notify the
appointed member in writing that the member may be removed for missing the next
meeting. In the case of a vacancy on the board, the governor shall, with the advice
and consent of the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
new text end

new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Membership vacancies within three months of appointment.
new text end

new text begin Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
three months after being filled through the appointment process, the governor may,
upon notification to the Office of the Secretary of State, choose a new member from the
applications on hand and need not repeat the process.
new text end

new text begin Subd. 6. new text end

new text begin Officers, quorum, voting. new text end

new text begin (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 are not covered
by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.
new text end

new text begin (b) Except as provided in paragraph (c), each High Pressure Piping 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 High Pressure
Piping Code rulemaking proceeding initiated by the board. If a High Pressure Piping 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 High Pressure Piping Code
amendment shall not be included in the next High Pressure Piping Code rulemaking
proceeding initiated by the board.
new text end

new text begin (c) If the High Pressure Piping Code amendment considered by the board is to
replace the Minnesota High Pressure Piping Code with a model High Pressure Piping
Code, then the amendment may only be included in the next High Pressure Piping Code
rulemaking proceeding if it receives an affirmative two-thirds or more majority vote
of all of the voting members of the board.
new text end

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

new text begin (e) Except as provided in paragraph (f), 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.
new text end

new text begin (f) The board may reconsider a proposed rule or rule amendment 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 a failed proposed rule or rule amendment in subsequent
rulemaking proceedings.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall hold meetings at such times as the
board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
and in such a manner as the bylaws may provide.
new text end

new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a
meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the board can
hear clearly all discussion and testimony and all votes of members of the board and, if
needed, receive those services required by sections 15.44 and 15.441;
new text end

new text begin (3) at least one member of the board is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin (c) Each member of the board participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The board may require the person
making such a connection to pay for documented costs that the board incurs as a result of
the additional connection.
new text end

new text begin (e) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and that a
person may monitor the meeting electronically from a remote location. The timing and
method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Complaints. new text end

new text begin (a) The board shall promptly forward to the commissioner
the substance of any complaint or communication it receives, whether in writing or orally,
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 code compliance. Each complaint or communication that is forwarded to the
commissioner shall be submitted on a form provided by the commissioner.
new text end

new text begin (b) The commissioner shall advise the board of the status of a 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.
new text end

new text begin Subd. 9. new text end

new text begin Data Practices Act. new text end

new text begin The board is subject to chapter 13, the Minnesota
Government Data Practices Act, and shall protect from unlawful disclosure data classified
as not public.
new text end

new text begin Subd. 10. new text end

new text begin Official records. new text end

new text begin The board shall make and preserve all records necessary
to a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

Sec. 4.

Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:

Subdivision 1.

License required; rules; time credit.

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

No person, partnership, firm, or corporation shall install high pressure piping, nor
install high pressure piping in connection with the dealing in and selling of high pressure
pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
individual competency license or a journeyman pipefitter individual competency license is
responsible for the high pressure pipefitting work conducted by the person, partnership,
firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.

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

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

Sec. 5.

Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:

Subd. 2.

High pressure pipefitting business license.

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

A person, partnership, firm, or corporation must have at all times as a full-time
employee at least one individual holding an individual contracting pipefitter competency
license. Only full-time employees who hold individual contracting pipefitter licenses
are authorized to obtain high pressure piping permits in the name of the business. The
individual contracting 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, partnership, firm, or
corporation holding a high pressure piping business license that ceases to employ a person
holding an individual contracting pipefitter competency license shall have 60 days from
the last day of employment of its previous individual contracting pipefitter competency
license holder to employ another license holder. The Department of Labor and Industry
must be notified no later than five days after the last day of employment of the previous
license holder.

No high pressure pipefitting work may be performed during any period when the
high pressure pipefitting business does not have an individual contracting pipefitter
competency license holder on staff. If a license holder is not employed within 60 days,
the pipefitting business license shall lapse.

The deleted text begin Department of Labor and Industry deleted text end new text begin board new text end shall prescribe by rule procedures for
application for and issuance of business licenses and fees.

Sec. 6.

Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Reciprocity with other states. new text end

new text begin The commissioner may issue a temporary
license without examination, upon payment of the required fee, nonresident applicants
who are licensed under the laws of a state having standards for licensing which the
commissioner determines are substantially equivalent to the standards of this state if
the other state grants similar privileges to Minnesota residents duly licensed in this
state. Applicants who receive a temporary license under this section may acquire an
aggregate of 24 months of experience before they have to apply and pass the licensing
examination. Applicants must register with the commissioner of labor and industry and
the commissioner shall set a fee for a temporary license. Applicants have five years in
which to comply with this section.
new text end

Sec. 7.

Minnesota Statutes 2006, section 326.50, is amended to read:

326.50 APPLICATION; FEES.

Application for an individual contracting pipefitter competency or an individual
journeyman pipefitter competency license shall be made to the Department of Labor and
Industry, with fees. The applicant shall be licensed only after passing an examination new text begin
administered new text end by the Department of Labor and Industry new text begin in accordance with rules adopted
by the board new text end .

Sec. 8.

Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) In addition to any other fees, each applicant for a
license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund.
The contractor's recovery fund is created in the state treasury and must be administered
by the commissioner in the manner and subject to all the requirements and limitations
provided by section 82.43 deleted text begin with the following exceptions: deleted text end new text begin .
new text end

deleted text begin (1) each licensee who renews a license shall pay in addition to the appropriate
renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
most recent fiscal year preceding the renewal, on the following scale:
deleted text end

	deleted text begin Fee deleted text end	deleted text begin Gross Receipts deleted text end
	deleted text begin $100 deleted text end	deleted text begin under $1,000,000 deleted text end
	deleted text begin $150 deleted text end	deleted text begin $1,000,000 to $5,000,000 deleted text end
	deleted text begin $200 deleted text end	deleted text begin over $5,000,000 deleted text end

deleted text begin Any person who receives a new license shall pay a fee based on the same scale;
deleted text end

deleted text begin (2) deleted text end new text begin (b) new text end The purpose of this fund is:

deleted text begin (i) deleted text end new text begin (1) new text end to compensate any aggrieved owner or lessee of residential property located
within this state who obtains a final judgment in any court of competent jurisdiction
against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or
dishonest practices, conversion of funds, or failure of performance arising directly out
of any transaction when the judgment debtor was licensed and performed any of the
activities enumerated under section 326.83, subdivision 19, on the owner's residential
property or on residential property rented by the lessee, or on new residential construction
which was never occupied prior to purchase by the owner, or which was occupied by the
licensee for less than one year prior to purchase by the owner, and which cause of action
arose on or after April 1, 1994; and

deleted text begin (ii) deleted text end new text begin (2) new text end to reimburse the Department of deleted text begin Commerce deleted text end new text begin Labor and Industry new text end for all legal
and administrative expenses, including staffing costs, incurred in administering the fund deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) deleted text end Nothing may obligate the fund for more than $50,000 per claimant, nor more
than $75,000 per licensee deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) deleted text end Nothing may obligate the fund for claims based on a cause of action that arose
before the licensee paid the recovery fund fee set in clause (1), or as provided in section
326.945, subdivision 3.

deleted text begin (b) deleted text end new text begin (c) new text end Should the commissioner pay from the contractor's recovery fund any amount
in settlement of a claim or toward satisfaction of a judgment against a licensee, the
license shall be automatically suspended upon the effective date of an order by the court
authorizing payment from the fund. No licensee shall be granted reinstatement until the
licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
paid from the fund on the licensee's account, and has obtained a surety bond issued by an
insurer authorized to transact business in this state in the amount of at least $40,000.

Sec. 9.

Minnesota Statutes 2006, section 326.992, is amended to read:

326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.

(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
fuel burning, or refrigeration work must give bond to the state in the amount of
$25,000 for all work entered into within the state. The bond must be for the benefit of
persons suffering financial loss by reason of the contractor's failure to comply with the
requirements of the State Mechanical Code. A bond given to the state must be filed with
the commissioner of deleted text begin administration deleted text end new text begin labor and industry new text end and is in lieu of all other bonds to
any political subdivision required for work covered by this section. The bond must be
written by a corporate surety licensed to do business in the state.

(b) The commissioner of deleted text begin administration deleted text end new text begin labor and industry new text end may charge each person
giving bond under this section an annual bond filing fee of $15. deleted text begin The money must be
deposited in a special revenue fund and is appropriated to the commissioner to cover the
cost of administering the bond program.
deleted text end

Sec. 10. new text begin TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
SYSTEMS.
new text end

new text begin The commissioner of administration may not use the authority under Minnesota
Statutes, section 16B.37, to modify transfers of authority in this act.
new text end

Sec. 11. new text begin FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
PRESSURE PIPING SYSTEMS.
new text end

new text begin The governor must complete the appointments required by Minnesota Statutes,
section 326.471, no later than July 1, 2007. The commissioner of labor and industry
shall convene the first meeting of the Board of High Pressure Piping Systems no later
than September 1, 2007.
new text end

ARTICLE 5

IRON RANGE RESOURCES AND REHABILITATION BOARD

Section 1.

Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read:

Subd. 2.

Iron Range Resources and Rehabilitation Board.

There is hereby
created the Iron Range Resources and Rehabilitation Board, consisting of deleted text begin 13 deleted text end new text begin ten new text end members,
five of whom are state senators appointed by the Subcommittee on Committees of the
Rules Committee of the senate, and five of whom are representatives, appointed by the
speaker of the house of representatives. deleted text begin The remaining members shall be appointed one
each by the senate majority leader, the speaker of the house of representatives, and the
governor and must be nonlegislators who reside in a taconite assistance area as defined in
section 273.1341. deleted text end The members shall be appointed in January of every odd-numbered
year deleted text begin , except that the initial nonlegislator members shall be appointed by July 1, 1999, deleted text end and
shall serve until January of the next odd-numbered year. Vacancies on the board shall be
filled in the same manner as the original members were chosen. At least a majority of
the legislative members of the board shall be elected from state senatorial or legislative
districts in which over 50 percent of the residents reside within a taconite assistance area
as defined in section 273.1341. All expenditures and projects made by the commissioner
of Iron Range resources and rehabilitation shall be consistent with the priorities
established in subdivision 8 and shall first be submitted to the Iron Range Resources and
Rehabilitation Board for approval by a majority of the board of expenditures and projects
for rehabilitation purposes as provided by this section, and the method, manner, and time
of payment of all funds proposed to be disbursed shall be first approved or disapproved by
the board. The board shall biennially make its report to the governor and the legislature on
or before November 15 of each even-numbered year. The expenses of the board shall be
paid by the state from the funds raised pursuant to this section.

Sec. 2.

Minnesota Statutes 2006, section 298.227, is amended to read:

298.227 TACONITE ECONOMIC DEVELOPMENT FUND.

An amount equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section 298.28, subdivision 9a, shall be held by
the Iron Range Resources and Rehabilitation Board in a separate taconite economic
development fund for each taconite and direct reduced ore producer. Money from the
fund for each producer shall be released by the commissioner after review by a joint
committee consisting of an equal number of representatives of the salaried employees and
the nonsalaried production and maintenance employees of that producer. The District 11
director of the United States Steelworkers of America, on advice of each local employee
president, shall select the employee members. In nonorganized operations, the employee
committee shall be elected by the nonsalaried production and maintenance employees.
The review must be completed no later than six months after the producer presents a
proposal for expenditure of the funds to the committee. The funds held pursuant to this
section may be released only for acquisition of new text begin plant and stationary mining new text end equipment
and facilities for the producer or for research and development in Minnesota on new
mining, or taconite, iron, or steel production technology, but only if the producer provides
a matching expenditure to be used for the same purpose of at least 50 percent of the
distribution based on 14.7 cents per ton beginning with distributions in 2002. new text begin Effective for
proposals for expenditures of money from the fund approved beginning the day following
final enactment, the commissioner may release the funds only if the proposed expenditure
is approved by a majority of the members of the Iron Range Resources and Rehabilitation
Board. new text end If a producer uses money new text begin which has been released new text end from the fund new text begin prior to the day
following final enactment new text end to procure haulage trucks, mobile equipment, or mining shovels,
and the producer removes the piece of equipment from the taconite tax relief area defined
in section 273.134 within ten years from the date of receipt of the money from the fund,
a portion of the money granted from the fund must be repaid to the taconite economic
development fund. The portion of the money to be repaid is 100 percent of the grant if the
equipment is removed from the taconite tax relief area within 12 months after receipt of
the money from the fund, declining by ten percent for each of the subsequent nine years
during which the equipment remains within the taconite tax relief area. If a taconite
production facility is sold after operations at the facility had ceased, any money remaining
in the fund for the former producer may be released to the purchaser of the facility on
the terms otherwise applicable to the former producer under this section. If a producer
fails to provide matching funds for a proposed expenditure within six months after the
commissioner approves release of the funds, the funds are available for release to another
producer in proportion to the distribution provided and under the conditions of this section.
Any portion of the fund which is not released by the commissioner within two years of its
deposit in the fund shall be divided between the taconite environmental protection fund
created in section 298.223 and the Douglas J. Johnson economic protection trust fund
created in section 298.292 for placement in their respective special accounts. Two-thirds
of the unreleased funds shall be distributed to the taconite environmental protection fund
and one-third to the Douglas J. Johnson economic protection trust fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for proposals for expenditures of
money from the fund the day following final enactment.
new text end

Sec. 3. new text begin APPROPRIATION; IRON RANGE RESOURCES AND
REHABILITATION BOARD.
new text end

new text begin (a) $575,000 is appropriated from the Iron Range Resources and Rehabilitation
Board fund for fiscal year 2008 for allocation in this section:
new text end

new text begin (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
infrastructure to a peat project in Spencer Township in Aitkin County;
new text end

new text begin (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
endowment for the preservation;
new text end

new text begin (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
organization to employ youth for the construction of community centers;
new text end

new text begin (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
construction; and
new text end

new text begin (5) $75,000 is for a grant to the city of Chisholm to improve infrastructure at the
city-owned baseball field.
new text end

new text begin These are onetime appropriations.
new text end

Sec. 4. new text begin IRRRB BUILDING.
new text end

new text begin The Iron Range Resources and Rehabilitation Board office building in Eveleth,
Minnesota is designated and named the Joe Begich Building and shall be signed as such
at every entrance.
new text end

ARTICLE 6

ELECTRICAL

Section 1.

Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:

Subd. 6g.

Personal new text begin direct new text end supervision.

deleted text begin The term "personal deleted text end new text begin "Direct new text end supervision"
means deleted text begin that a person licensed to perform electrical work oversees and directs the electrical
work performed by an unlicensed person such that:
deleted text end

(1) deleted text begin the licensed person actually reviews the electrical work performed by the
unlicensed person deleted text end new text begin an unlicensed individual is being supervised by an individual licensed
to perform the electrical work being supervised new text end ;

(2) new text begin during the entire working day of the unlicensed individual, the licensed
individual is physically present at the location where the unlicensed individual is
preforming electrical work and immediately available to the unlicensed individual;
new text end

new text begin (3) new text end the licensed deleted text begin person deleted text end new text begin individual new text end is new text begin physically present and new text end immediately available to
the unlicensed deleted text begin person deleted text end new text begin individual new text end at all times for assistance and direction; deleted text begin and
deleted text end

new text begin (4) electronic supervision does not meet the requirement of physically present and
immediately available;
new text end

new text begin (5) the licensed individual shall review the electrical work performed by the
unlicensed individual before the electrical work is operated; and
new text end

deleted text begin (3) deleted text end new text begin (6) new text end the licensed deleted text begin person deleted text end new text begin individual new text end is able to and does determine that all electrical
work performed by the unlicensed deleted text begin person deleted text end new text begin individual new text end is performed in compliance with
section 326.243.

The licensed deleted text begin person deleted text end new text begin individual new text end is responsible for the compliance with section
326.243 of all electrical work performed by the unlicensed deleted text begin person deleted text end new text begin individual new text end .

Sec. 2. new text begin [326.2411] BOARD OF ELECTRICITY.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Board of Electricity shall consist of 12
members. Eleven 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 designee, who shall be a voting member. Of the 11 appointed
members, the composition shall be as follows:
new text end

new text begin (1) one member shall be an electrical inspector;
new text end

new text begin (2) two members shall be representatives of the electrical suppliers in rural areas;
new text end

new text begin (3) two members shall be master electricians, who shall be contractors;
new text end

new text begin (4) two members shall be journeyman electricians;
new text end

new text begin (5) one member shall be a registered consulting electrical engineer;
new text end

new text begin (6) two members shall be power limited technicians, who shall be technology
system contractors primarily engaged in the business of installing technology circuits
or systems; and
new text end

new text begin (7) one member shall be a public member as defined by section 214.02.
new text end

new text begin (b) The electrical inspector shall be appointed to a term to end December 31, 2011.
One of the rural electrical suppliers shall be appointed for a term to end December 31,
2011, and one rural electrical supplier shall serve for a term to end December 31, 2010.
The consulting electrical engineer shall be appointed for a term to end December 31, 2011.
One of the master electrician contractors shall be appointed for a term to end December
31, 2011, and one master electrician contractor shall be appointed for a term to end
December 31, 2010. One of the journeyman electricians shall be appointed for a term to
end December 31, 2011, and one journeyman electrician shall be appointed for a term to
end December 31, 2010. One of the power limited technicians shall be appointed for a
term to end December 31, 2011, and one power limited technician 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.
new text end

new text begin (c) The consulting electrical engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term served on the
board. All other appointed members, except the public member and the representatives of
electrical suppliers in rural areas, must possess a current electrical license issued by the
Department of Labor and Industry and maintain that license for the duration of their terms.
All appointed members must be residents of Minnesota at the time of and throughout
their terms. The term of any appointed member who does not maintain membership
qualification status shall end on the date of status change and the governor shall appoint
a replacement member. It is the responsibility of the member to notify the board of a
change in the member's status.
new text end

new text begin (d) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on the first Monday in January. 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.
new text end

new text begin Subd. 2. new text end

new text begin Powers; duties; administrative support. new text end

new text begin (a) The board shall have the
power to:
new text end

new text begin (1) elect its chair, vice-chair, and secretary;
new text end

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

new text begin (3) the Minnesota Electrical Code shall be the most current edition of the National
Electrical Code upon its adoption by the board and any amendments thereto as adopted
by the board. 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);
new text end

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

new text begin (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.
The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
6, paragraphs (d) and (e);
new text end

new text begin (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, paragraph (e);
new text end

new text begin (7) advise the commissioner regarding educational requirements for electrical
inspectors;
new text end

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

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

new text begin (10) approve license reciprocity agreements;
new text end

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

new text begin (12) recommend the fees for licenses and certifications.
new text end

new text begin Except for the powers granted to the Board of Electricity, the commissioner of labor
and industry shall administer and enforce the provisions of sections 326.241 to 326.248
and any rules promulgated pursuant thereto.
new text end

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

new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards. 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.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) Members of the board may be compensated at the rate
of $55 per day spent on board activities, when authorized by the board, plus expenses, in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Members who, as a result of time spent attending board
meetings, incur child care expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization.
new text end

new text begin (b) Members who are state employees or employees of political subdivisions of
the state must not receive the daily payment for activities that occur during working
hours for which they are compensated by the state or political subdivision. However, a
state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activities. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
new text end

new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent
on board activities for purposes of making daily payments under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Removal; vacancies. new text end

new text begin (a) An appointed member of the board may be
removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
missing three consecutive meetings. The chair of the board shall inform the governor of
an appointed member missing three consecutive meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall notify the
appointed member in writing that the member may be removed for missing the next
meeting. In the case of a vacancy on the board, the governor shall, with the advice
and consent of the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
new text end

new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Membership vacancies within three months of appointment.
new text end

new text begin Notwithstanding any law to the contrary, when a seat on the board becomes vacant within
three months after being filled through the appointment process, the governor may,
upon notification to the Office of the Secretary of State, choose a new member from the
applications on hand and need not repeat the process.
new text end

new text begin Subd. 6. new text end

new text begin Officers, quorum, voting. new text end

new text begin (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 are not covered
by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.
new text end

new text begin (b) Except as provided in paragraph (c), 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.
new text end

new text begin (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 or more majority vote 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.
new text end

new text begin (d) Except as provided in paragraph (e), 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 the all 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.
new text end

new text begin (e) The board may reconsider a proposed rule or rule amendment 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 a failed proposed rule or rule amendment in subsequent
rulemaking proceedings.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall hold meetings at such times as the
board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
and in such a manner as the bylaws may provide.
new text end

new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a
meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the board can
hear clearly all discussion and testimony and all votes of members of the board and, if
needed, receive those services required by sections 15.44 and 15.441;
new text end

new text begin (3) at least one member of the board is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin (c) Each member of the board participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The board may require the person
making such a connection to pay for documented costs that the board incurs as a result of
the additional connection.
new text end

new text begin (e) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and that a
person may monitor the meeting electronically from a remote location. The timing and
method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Complaints. new text end

new text begin (a) The board shall promptly forward to the commissioner
the substance of any complaint or communication it receives, whether in writing or orally,
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 electrical services, the performance or offering to perform electrical
services requiring licensure by an unlicensed person, or Electrical Code compliance. Each
complaint or communication that is forwarded to the commissioner shall be submitted
on a form provided by the commissioner.
new text end

new text begin (b) The commissioner shall advise the board of the status of a 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.
new text end

new text begin Subd. 9. new text end

new text begin Data Practices Act. new text end

new text begin The board is subject to chapter 13, the Minnesota
Government Data Practices Act, and shall protect from unlawful disclosure data classified
as not public.
new text end

new text begin Subd. 10. new text end

new text begin Official records. new text end

new text begin The board shall make and preserve all records necessary
to a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

Sec. 3.

Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:

Subd. 3d.

Power limited technician.

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

(1) the person is licensed by the deleted text begin board deleted text end new text begin department new text end as a power limited technician; and

(2) the electrical work is:

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

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

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

(c) The board may initially set experience requirements without rulemaking, but
must adopt rules before July 1, 2004.

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

(e) A person who has submitted an application by June 30, 2003, to take the alarm
and communications examination administered by the deleted text begin board deleted text end new text begin department new text end , and who has
achieved a minimal score of 70 percent on the examination by September 30, 2003, may
obtain a power limited technician license without further examination by submitting an
application and a license fee of $30.

(f) A company holding an alarm and communication license as of June 30,
2003, may designate one person who may obtain a power limited technician license
without passing an examination administered by the deleted text begin board deleted text end new text begin department new text end by submitting an
application and license fee of $30.

(g) A person who has submitted an application by deleted text begin September 30, 2005 deleted text end new text begin December
31, 2007 new text end , to take the power limited technician examination administered by the deleted text begin board deleted text end new text begin
department new text end is not required to meet the qualifications set forth in paragraph (b).

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:

Subd. 5.

Unlicensed deleted text begin persons deleted text end new text begin individuals new text end .

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

(b) Notwithstanding any other provision of this section, no deleted text begin person deleted text end new text begin individual new text end 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 deleted text begin persons performing deleted text end new text begin individuals to perform new text end
electrical work shall maintain records establishing compliance with this subdivision,
deleted text begin which deleted text end new text begin that new text end shall deleted text begin designate deleted text end new text begin identify new text end all unlicensed deleted text begin persons deleted text end new text begin individuals new text end performing electrical
work, except for persons working on circuits or systems exempted from personal licensing
by subdivision 12, paragraph (b), and shall permit the deleted text begin board deleted text end new text begin department new text end to examine and
copy all such records as provided for in section 326.244, subdivision 6.

new text begin (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 sections 326.241 to 326.248 and rules adopted.
new text end

Sec. 5.

Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Registration of unlicensed individuals. new text end

new text begin Unlicensed individuals
performing electrical work for a contractor or employer shall register with the department
in the manner prescribed by the commissioner. Experience credit for electrical work
performed in Minnesota after January 1, 2008, by an applicant for a license identified in
this section shall not be granted where the applicant has not registered with or is not
licensed by the department.
new text end

Sec. 6.

Minnesota Statutes 2006, section 326.242, subdivision 8, is amended to read:

Subd. 8.

License new text begin , registration, new text end and renewal fees new text begin ; expiration new text end .

deleted text begin All licenses issued
hereunder shall expire in a manner as provided by the board. deleted text end new text begin (a) Unless revoked or
suspended under this chapter, all licenses issued or renewed under this section expire on the
date specified in this subdivision. Master licenses expire March 1 of each odd-numbered
year after issuance or renewal. Electrical contractor licenses expire March 1 of each
even-numbered year after issuance or renewal. Technology system contractor licenses
expire August 1 of each even-numbered year after issuance or renewal. Journeyman,
installer, power limited technician, and special electrician licenses expire two years from
the date of original issuance and every two years thereafter. Registrations of unlicensed
individuals expire one year from the date of original issuance and every year thereafter.
new text end

new text begin (b) new text end Fees deleted text begin , as set by the board, shall be payable deleted text end for new text begin application and new text end examination, new text begin and
for the original new text end issuance and new text begin each subsequent new text end renewal deleted text begin of the following deleted text end new text begin , are new text end :

(1) For new text begin each personal license application and new text end examination: new text begin $35;
new text end

deleted text begin Class A Master.
deleted text end

deleted text begin Class B Master.
deleted text end

deleted text begin Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
Special Electrician.
deleted text end

(2) For new text begin original new text end issuance deleted text begin of original license deleted text end and new text begin each subsequent new text end renewal new text begin of new text end :

Class A Master deleted text begin . deleted text end new text begin or master special electrician, including master elevator constructor:
$40 per year new text end new text begin ;
new text end

Class B Master deleted text begin . deleted text end new text begin : $25 per year new text end new text begin ;
new text end

Power Limited Technician deleted text begin . deleted text end new text begin : $15 per year new text end new text begin ;
new text end

Class A Journeyman, Class B Journeyman, Installer, or Special Electrician deleted text begin . deleted text end new text begin other
than master special electrician: $15 per year new text end new text begin ;
new text end

deleted text begin Electrical deleted text end contractor new text begin : $100 per year new text end .

deleted text begin Technology Systems Contractor deleted text end new text begin Unlicensed individual registration: $15 per year new text end .

new text begin (c) If any new license is issued in accordance with this subdivision for less than two
years, the fee for the license shall be prorated on an annual basis.
new text end

new text begin (d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated in accordance with this subdivision, the
amount of the overpayment shall be refunded.
new text end

new text begin (e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
reinstated.
new text end

new text begin (f) The fee for the issuance of each duplicate license is $15.
new text end

deleted text begin (3) deleted text end new text begin (g) new text end An individual or contractor who fails to renew a license before 30 days after
the expiration new text begin or registration new text end of the license must submit a late fee equal to one year's
license fee in addition to the full renewal fee. Fees for renewed licenses new text begin or registrations
new text end are not prorated. An individual or contractor that fails to renew a license new text begin or registration new text end by
the expiration date is unlicensed until the license new text begin or registration new text end is renewed.

Sec. 7.

Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:

Subd. 11.

Reciprocity.

deleted text begin To the extent that any other state which provides for the
licensing of electricians provides for similar action the board may grant licenses, without
examination, of the same grade and class to an electrician who has been licensed by such
other state for at least one year, upon payment by the applicant of the required fee and
upon the board being furnished with proof that the required fee and upon the board being
furnished with proof that the qualifications of the applicant are equal to the qualifications
of holders of similar licenses in Minnesota. deleted text end new text begin The commissioner may enter into reciprocity
agreements for personal licenses with another state if approved by the board. Once
approved by the board, the commissioner may issue a personal license without requiring
the applicant to pass an examination provided the applicant:
new text end

new text begin (a) submits an application under section 326.242;
new text end

new text begin (b) pays the fee required under section 326.242; and
new text end

new text begin (c) holds a valid comparable license in the state participating in the agreement.
new text end

new text begin Agreements are subject to the following:
new text end

new text begin (1) The parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to Minnesota's.
new text end

new text begin (2) The experience and training requirements under which an individual applicant
qualified for examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the applicant
acquired the license in the qualifying state.
new text end

new text begin (3) The applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota.
A lesser class of license may be granted where the applicant has acquired a greater
class of license in the qualifying state and the applicant otherwise meets the conditions
of this subdivision.
new text end

new text begin (4) At the time of application, the applicant must hold a valid license in the
qualifying state and have held the license continuously for at least one year before making
application in Minnesota.
new text end

new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant
has failed the same or greater class of license examination in Minnesota, or if the
applicant's license of the same or greater class has been revoked or suspended.
new text end

new text begin (6) An applicant who has failed to renew a personal license for two years or more
after its expiration is not eligible for a license under this subdivision.
new text end

Sec. 8.

Minnesota Statutes 2006, section 326.2441, is amended to read:

326.2441 INSPECTION FEE SCHEDULE.

Subdivision 1.

Schedule.

State electrical inspection fees shall be deleted text begin paid according
to deleted text end new text begin calculated in accordance with new text end subdivisions 2 to deleted text begin 13 deleted text end new text begin 15 new text end .

Subd. 2.

Fee for each separate inspection.

The minimum fee for each separate
inspection of an installation, replacement, alteration, or repair is deleted text begin $20. deleted text end new text begin $35. Except as
otherwise provided in this section, the maximum number of separate inspections allowed
without payment of an additional fee is the whole number resulting from dividing by
35 the total fee calculated in accordance with this section. Where additional separate
inspections are necessary, additional fees are required to result in a value equal to the total
number of separate inspections multiplied by 35. The fee for any inspections needed after
a "final inspection" is performed shall be calculated without consideration of any fee
paid before the final inspection.
new text end

Subd. 3.

Fee for services, generators, other power supply sources new text begin , or feeders to
separate structures new text end .

The inspection fee for the installation, addition, alteration, or repair
of each service, change of service, temporary service, generator, other power supply
source, or feeder to a separate structure is:

(1) 0 ampere to and including 400 ampere capacity, deleted text begin $25 deleted text end new text begin $35 new text end ;

(2) 401 ampere to and including 800 ampere capacity, deleted text begin $50 deleted text end new text begin $60 new text end ; and

(3) ampere capacity above 800, deleted text begin $75 deleted text end new text begin $100 new text end .

Where multiple disconnects are grouped at a single location and are supplied by a
single set of supply conductors the cumulative rating of the overcurrent devices shall be
used to determine the supply ampere capacity.

Subd. 4.

Fee for circuits, feeders, feeder taps, or new text begin sets of transformer secondary
new text end conductors.

The inspection fee for the installation, addition, alteration, or repair of
each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
the equipment served, is:

(1) 0 ampere to and including 200 ampere capacity, deleted text begin $5 deleted text end new text begin $6 new text end ; and

(2) ampere capacity above 200, deleted text begin $10 deleted text end new text begin $15 new text end .

new text begin Where existing feeders and circuits are reconnected to overcurrent devices installed
as part of the replacement of an existing disconnect, switchboard, motor control center, or
panelboard, the inspection fee for each circuit or feeder is $2.
new text end

Subd. 5.

deleted text begin Limitations to fees of subdivisions 3 and 4 deleted text end new text begin Inspection fee for dwellings new text end .

(a) The new text begin inspection new text end fee for a one-family dwelling and each dwelling unit of a two-family
dwelling deleted text begin with a supply of up to 500 amperes where a combination of ten or more sources
of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. deleted text end new text begin is
the following: new text end

new text begin (1) the fee for each service or other source of power as provided in subdivision 3;
new text end

new text begin (2) $100 for up to 30 feeders and circuits; and
new text end

new text begin (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
new text end

This fee applies to each separate installation for new dwellings and deleted text begin additions, alterations,
or repairs to existing dwellings and includes not more than two inspections. deleted text end new text begin where 15
or more feeders or circuits are installed or extended in connection with any addition,
alteration, or repair to existing dwellings. Where existing feeders and circuits are
reconnected to overcurrent devices installed as part of the replacement of an existing
panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
of separate inspections shall be determined in accordance with subdivision 2. new text end The
fee for additional inspections or other installations is that specified in subdivisions 2
deleted text begin to deleted text end new text begin , new text end 4 new text begin , 6, and 8 new text end . The installer may submit fees for additional inspections when filing the
request for electrical inspection. new text begin The fee for each detached accessory structure directly
associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
4. When included on the same request for electrical inspection form, inspection fees for
detached accessory structures directly associated with the dwelling unit may be combined
with the dwelling unit fees to determine the maximum number of separate inspections in
accordance with subdivision 2.
new text end

(b) The new text begin inspection new text end fee for each dwelling unit of a multifamily dwelling with three
deleted text begin to 12 deleted text end new text begin or more new text end dwelling units is deleted text begin $50 and the fee for each additional dwelling unit is $25. deleted text end
new text begin $70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
or circuit. This fee applies to each separate installation for each new dwelling unit and
where ten or more feeders or circuits are installed or extended in connection with any
addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
are reconnected to overcurrent devices installed as part of the replacement of an existing
panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
of separate inspections for each dwelling unit shall be determined in accordance with
subdivision 2. The fee for additional inspections or for inspection of other installations
is that specified in subdivisions 2, 4, 6, and 8. new text end These fees include only inspection of the
wiring within individual dwelling units and the final feeder to that unit deleted text begin . This limitation is
subject to the following conditions:
deleted text end

deleted text begin (1) deleted text end new text begin where new text end the multifamily dwelling is provided with common service equipment
and each dwelling unit is supplied by a separate feeder new text begin or feeders extended from common
service or distribution equipment new text end . The fee for multifamily dwelling services or other
power source supplies and all other circuits is that specified in subdivisions 2 to 4 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) this limitation applies only to new installations for multifamily dwellings where
the majority of the individual dwelling units are available for inspection during each
inspection trip.
deleted text end

(c) A separate request for electrical inspection form must be filed for each dwelling
unit that is supplied with an individual set of service entrance conductors. These fees are
the one-family dwelling rate specified in paragraph (a).

Subd. 6.

Additions to fees of subdivisions 3 to 5.

(a) The fee for the electrical
supply for each manufactured home park lot is deleted text begin $25 deleted text end new text begin $35 new text end . This fee includes the service or
feeder conductors up to and including the service equipment or disconnecting means.
The fee for feeders and circuits that extend from the service or disconnecting means is
that specified in subdivision 4.

(b) The fee for each recreational vehicle site electrical supply equipment is deleted text begin $5 deleted text end new text begin $6
for each circuit originating within the equipment new text end . The fee for recreational vehicle park
services, feeders, and circuits is that specified in subdivisions 3 and 4.

(c) The fee for each street, parking lot, or outdoor area lighting standard deleted text begin is $1, deleted text end and deleted text begin the
fee for deleted text end each traffic signal standard is $5. Circuits originating within the standard or traffic
signal controller shall not be used when deleted text begin computing deleted text end new text begin calculating new text end the fee new text begin for each standard new text end .

(d) The fee for transformers for light, heat, and power is deleted text begin $10 deleted text end new text begin $15 new text end for transformers
rated up to ten kilovolt-amperes and deleted text begin $20 deleted text end new text begin $30 new text end for transformers rated in excess of ten
kilovolt-amperes. new text begin The previous sentence does not apply to Class 1 transformers or power
supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
supplies.
new text end

(e) The fee for transformers and electronic power supplies for electric signs and
outline lighting is $5 per unit.

(f) The fee for deleted text begin alarm, communication, remote control, and signaling deleted text end new text begin technology
new text end circuits or systems, and circuits of less than 50 volts, is deleted text begin 50 deleted text end new text begin 75 new text end cents for each system device
or apparatus.

(g) The fee for each separate inspection of the bonding for a swimming pool, spa,
fountain, an equipotential plane for an agricultural confinement area, or similar installation
deleted text begin shall be $20 deleted text end new text begin is $35 new text end . Bonding conductors and connections require an inspection before
being concealed.

(h) The fee for all wiring installed on center pivot irrigation booms is deleted text begin $40 deleted text end new text begin $35 plus
$5 for each electrical drive unit new text end .

(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
deleted text begin lighting fixture deleted text end new text begin luminaire new text end .

new text begin (j) When a separate inspection of a concrete-encased grounding electrode is
performed, the fee is $35.
new text end

new text begin (k) The fees required by subdivisions 3 and 4 are doubled for installations over
600 volts.
new text end

Subd. 7.

Investigation fees: work without a request for electrical inspection.

(a) Whenever any work for which a request for electrical inspection is required deleted text begin by the
board deleted text end has begun without the request for electrical inspection form being filed with the
deleted text begin board deleted text end new text begin commissioner new text end , a special investigation shall be made before a request for electrical
inspection form is accepted deleted text begin by the board deleted text end .

(b) An investigation fee, in addition to the full fee required by subdivisions 1
to 6, shall be paid before an inspection is made. The investigation fee is two times the
deleted text begin hourly rate deleted text end new text begin minimum fee new text end specified in subdivision deleted text begin 10 deleted text end new text begin 2 new text end or the inspection fee required
by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
investigation fee does not exempt any person from compliance with all other provisions of
the deleted text begin board deleted text end new text begin department new text end rules or statutes nor from any penalty prescribed by law.

Subd. 8.

Reinspection fee.

new text begin Notwithstanding the provisions of subdivisions 2 and 5,
new text end when reinspection is necessary to determine whether unsafe conditions new text begin identified during a
final inspection new text end have been corrected and the conditions are not the subject of an appeal
pending before the deleted text begin board deleted text end new text begin commissioner new text end or any court, a reinspection fee of deleted text begin $20 may deleted text end new text begin $35
shall new text end be assessed in writing by the inspector.

Subd. 9.

Supplemental fee.

When inspections scheduled by the installer are
preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
to circumstances beyond the control of the inspector, a supplemental inspection fee of
deleted text begin $20 may deleted text end new text begin $35 shall new text end be assessed in writing by the inspector.

Subd. 10.

Special inspection.

For inspections not covered in this section, or for
requested special inspections or services, the fee deleted text begin shall be $30 deleted text end new text begin is $80 new text end per hour, including
travel time, plus deleted text begin 31 cents deleted text end new text begin the standard mileage rate new text end per mile traveled, plus the reasonable
cost of equipment or material consumed. This provision is applicable to inspection
of empty conduits and other jobs as may be determined by the deleted text begin board deleted text end new text begin commissioner new text end .
This fee may also be assessed when installations are not accessible by roadway and
require alternate forms of transportation deleted text begin . deleted text end new text begin or are located in the Northwest Angle, or when
inspections are performed outside of Minnesota. For purposes of this subdivision,
the standard mileage rate is the standard mileage rate effective at the time of travel,
as established by the Internal Revenue Service for computing the deductible costs of
operating an automobile for business expense purposes.
new text end

Subd. 11.

Inspection of transitory projects.

(a) For inspection of transitory
projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
sites, and portable road construction plants, the inspection procedures and fees are as
specified in paragraphs (b) to (i).

(b) The fee for inspection of each generator or other source of supply is that specified
in subdivision 3. A like fee is required at each engagement or setup.

(c) In addition to the fee for generators or other sources of supply, there must be an
inspection of all installed feeders, circuits, and equipment at each engagement or setup at
the hourly rate specified in subdivision 10, with a deleted text begin two-hour deleted text end new text begin one-hour new text end minimum.

(d) An owner, operator, or appointed representative of a transitory enterprise
including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
shows, portable road construction plants, and similar enterprises shall notify the deleted text begin board deleted text end new text begin
commissioner new text end of its itinerary or schedule and make application for initial inspection a
minimum of 14 days before its first engagement or setup. An owner, operator, or appointed
representative of a transitory enterprise who fails to notify the deleted text begin board deleted text end new text begin commissioner new text end 14
days before its first engagement or setup may be subject to the investigation fees specified
in subdivision 7. The owner, operator, or appointed representative shall request inspection
and pay the inspection fee for each subsequent engagement or setup at the time of the initial
inspection. For subsequent engagements or setups not listed on the itinerary or schedule
submitted to the deleted text begin board deleted text end new text begin commissioner new text end and where the deleted text begin board deleted text end new text begin commissioner new text end is not notified at
least 48 hours in advance, a charge of $100 may be made in addition to all required fees.

(e) Amusement rides, devices, concessions, attractions, or other units must be
inspected at their first appearance of the year. The inspection fee is deleted text begin $20 deleted text end new text begin $35 new text end per unit with a
supply of up to 60 amperes and deleted text begin $30 deleted text end new text begin $40 new text end per unit with a supply above 60 amperes.

(f) An additional fee at the hourly rate specified in subdivision 10 must be charged
for additional time spent by each inspector if equipment is not ready or available for
inspection at the time and date specified on the application for initial inspection or the
request for electrical inspection form.

(g) In addition to the fees specified in paragraphs (a) and (b), a fee of deleted text begin two hours deleted text end new text begin one
hour new text end at the hourly rate specified in subdivision 10 must be charged for inspections required
to be performed on Saturdays, Sundays, holidays, or after regular business hours.

(h) The fee for reinspection of corrections or supplemental inspections where an
additional trip is necessary may be assessed as specified in subdivision 8.

(i) The deleted text begin board may deleted text end new text begin commissioner shall new text end retain the inspection fee when an owner,
operator, or appointed representative of a transitory enterprise fails to notify the deleted text begin board deleted text end new text begin
commissioner new text end at least 48 hours in advance of a scheduled inspection that is canceled.

Subd. 12.

Handling fee.

The handling fee to pay the cost of printing and handling
of the new text begin paper new text end form requesting an new text begin electrical new text end inspection is new text begin up to new text end $1.

Subd. 13.

National Electrical Code used for interpretation of provisions.

For
purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most
recently adopted edition of the National Electrical Code shall be prima facie evidence of
the definitions, interpretations, and scope of words and terms used.

ARTICLE 7

APPRENTICESHIP BOARD

Section 1.

Minnesota Statutes 2006, section 178.01, is amended to read:

178.01 PURPOSES.

The purposes of this chapter are: to open to young people regardless of race, sex,
creed, color or national origin, the opportunity to obtain training that will equip them for
profitable employment and citizenship; to establish as a means to this end, a program
of voluntary apprenticeship under approved apprentice agreements providing facilities
for their training and guidance in the arts, skills, and crafts of industry and trade, with
concurrent, supplementary instruction in related subjects; to promote employment
opportunities under conditions providing adequate training and reasonable earnings;
to relate the supply of skilled workers to employment demands; to establish standards
for apprentice training; to establish an Apprenticeship deleted text begin Advisory Council deleted text end new text begin Board new text end and
apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
for a Division of Labor Standards and Apprenticeship within the Department of Labor
and Industry; to provide for reports to the legislature regarding the status of apprentice
training in the state; to establish a procedure for the determination of apprentice agreement
controversies; and to accomplish related ends.

Sec. 2.

Minnesota Statutes 2006, section 178.02, is amended to read:

178.02 APPRENTICESHIP deleted text begin ADVISORY COUNCIL deleted text end new text begin BOARD new text end .

Subdivision 1.

Members.

The commissioner of labor and industry, hereinafter
called the commissioner, shall appoint an Apprenticeship deleted text begin Advisory Council deleted text end new text begin Board new text end ,
hereinafter referred to as the deleted text begin council deleted text end new text begin board new text end , composed of three representatives each from
employer and employee organizations, and two representatives of the general public. The
director of education responsible for career and technical education or designee shall be an
ex officio member of the deleted text begin council deleted text end new text begin board new text end and shall serve in an advisory capacity only.

Subd. 2.

Terms.

The deleted text begin council deleted text end new text begin board new text end shall expire and the terms, compensation, and
removal of appointed members shall be as provided in section 15.059 deleted text begin , except that the
council shall not expire before June 30, 2003 deleted text end .

Subd. 4.

Duties.

The deleted text begin council deleted text end new text begin board new text end shall meet at the call of the commissioner. It
shall propose occupational classifications for apprenticeship programs; propose minimum
standards for apprenticeship programs and agreements; and advise on the establishment

of such policies, procedures, and rules as the deleted text begin commissioner deleted text end new text begin board new text end deems necessary in
implementing the intent of this chapter.

Sec. 3.

Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:

Subd. 3.

Duties and functions.

The director, under the supervision of the
commissioner, and with the advice new text begin and consultation new text end of the Apprenticeship deleted text begin Advisory
Council deleted text end new text begin Board new text end , is authorized: to administer the provisions of this chapter; to promote
apprenticeship and other forms of on the job training; to establish, in cooperation new text begin and
consultation new text end with the Apprenticeship deleted text begin Advisory Council deleted text end new text begin Board new text end and with the apprenticeship
committees, conditions and training standards for the approval of apprenticeship programs
and agreements, which conditions and standards shall in no case be lower than those
prescribed by this chapter; to promote equal employment opportunity in apprenticeship
and other on the job training and to establish a Minnesota plan for equal employment
opportunity in apprenticeship which shall be consistent with standards established
under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
registration to sponsors of approved apprenticeship programs; to act as secretary of the
Apprenticeship deleted text begin Advisory Council deleted text end new text begin Board new text end ; to approve, if of the opinion that approval is
for the best interest of the apprentice, any apprenticeship agreement which meets the
standards established hereunder; to terminate any apprenticeship agreement in accordance
with the provisions of such agreement; to keep a record of apprenticeship agreements and
their disposition; to issue certificates of completion of apprenticeship; and to perform
such other duties as the commissioner deems necessary to carry out the intent of this
chapter; provided, that the administration and supervision of supplementary instruction in
related subjects for apprentices; coordination of instruction on a concurrent basis with
job experiences, and the selection and training of teachers and coordinators for such
instruction shall be the function of state and local boards responsible for vocational
education. The director shall have the authority to make wage determinations applicable
to the graduated schedule of wages and journeyman wage rate for apprenticeship
agreements, giving consideration to the existing wage rates prevailing throughout the
state, except that no wage determination by the director shall alter an existing wage
provision for apprentices or journeymen that is contained in a bargaining agreement in
effect between an employer and an organization of employees, nor shall the director
make any determination for the beginning rate for an apprentice that is below the wage
minimum established by federal or state law.

Sec. 4.

Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:

Subdivision 1.

Rules.

The commissioner may, upon receipt of the deleted text begin council's deleted text end new text begin board's new text end
proposals, accept, adopt, and issue them by rule with any modifications or amendments
the commissioner finds appropriate. The commissioner may refer them back to the
deleted text begin council deleted text end new text begin board new text end with recommendations for further study, consideration and revision. new text begin If
the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
a board proposal, the commissioner must provide a written explanation of the reason
for the refusal to the board within 30 days after the board submitted the proposal to the
commissioner. new text end Additional rules may be issued as the commissioner may deem necessary.

ARTICLE 8

MISCELLANEOUS

Section 1.

Minnesota Statutes 2006, section 190.096, is amended to read:

190.096 BATTLE FLAGS; REPAIR.

Subdivision 1.

Authority to repair.

Notwithstanding the provisions of Minnesota
Statutes 1961, chapters 16 and 43, the adjutant general new text begin or the Minnesota Historical
Society new text end may contract for the repair, restoration, and preservation of regimental battle flags,
standards, and guidons with persons or corporations skilled in such repair, restoration, and
preservation, upon terms or conditions the adjutant general new text begin or the Minnesota Historical
Society new text end deems proper deleted text begin , subject to the approval of the commissioner of administration deleted text end .

Subd. 2.

Surrender.

Notwithstanding the provisions of new text begin this section or new text end section
190.09, the adjutant general new text begin or the Minnesota Historical Society new text end may, for the purposes
of this section, surrender the immediate custody and control of regimental battle flags,
standards, and guidons under conditions and safeguards the adjutant general new text begin or the
Minnesota Historical Society new text end deems necessary and proper, for such time as is reasonably
necessary for their restoration, after which they shall at once be again properly stored
or displayed. The adjutant general new text begin or the Minnesota Historical Society new text end shall provide
adequate storage and display space for flags, standards, and guidons which have been
repaired and restored.

new text begin Subd. 3. new text end

new text begin Battle flags; care and control. new text end

new text begin (a) The flags and colors carried by
Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
preserved under the care and control of the Minnesota Historical Society. They shall be
suitably encased and marked, and, so far as the historical society may deem it consistent
with the safety of the flags and colors, they shall be publicly displayed in the capitol.
new text end

new text begin (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
preserved under the care and control of the adjutant general. They shall be suitably
encased and marked, and, so far as the adjutant general may deem it consistent with the
safety of the flags and colors, shall be publicly displayed.
new text end

Sec. 2.

Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:

Subd. 2.

Fees.

The commissioner shall by rule establish reasonable fees for seals,
installation seals and inspections which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.35. The commissioner shall also establish by
rule a monitoring inspection fee in an amount that will comply with the secretary's fee
distribution program. This monitoring inspection fee shall be an amount paid by the
manufacturer for each manufactured home produced in Minnesota. The monitoring
inspection fee shall be paid by the manufacturer to the secretary. The rules of the
fee distribution program require the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and conditionally approved
based on the number of new manufactured homes whose first location after leaving the
manufacturer is on the premises of a distributor, dealer or purchaser in that state. deleted text begin All
money collected by the commissioner through fees prescribed by sections 327.31 to
327.36 shall be deposited in the state government special revenue fund and is appropriated
to the commissioner for the purpose of administering and enforcing the Manufactured
Home Building Code under sections 327.31 to 327.36. deleted text end

Sec. 3.

Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:

Subd. 6.

Authorization as agency.

The commissioner shall apply to the secretary
for approval of the commissioner as the administrative agency for the regulation of
manufactured homes under the rules of the secretary. The commissioner may make
rules for the administration and enforcement of department responsibilities as a state
administrative agency including, but not limited to, rules for the handling of citizen's
complaints. All money received for services provided by the commissioner or the
department's authorized agents as a state administrative agency shall be deposited in
the deleted text begin general deleted text end new text begin construction code new text end fund. The commissioner is charged with the adoption,
administration, and enforcement of the Manufactured Home Construction and Safety
Standards, consistent with rules and regulations promulgated by the United States
Department of Housing and Urban Development. The commissioner may adopt the
rules, codes, and standards necessary to enforce the standards promulgated under this
section. The commissioner is authorized to conduct hearings and presentations of views
consistent with regulations adopted by the United States Department of Housing and
Urban Development and to adopt rules in order to carry out this function.

Sec. 4.

Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:

Subd. 7.

Fees; licenses; when granted.

Each application for a license or license
renewal must be accompanied by a fee in an amount established by the commissioner
by rule pursuant to section 327B.10. The fees shall be set in an amount which over
the fiscal biennium will produce revenues approximately equal to the expenses which
the commissioner expects to incur during that fiscal biennium while administering and
enforcing sections 327B.01 to 327B.12. deleted text begin All money collected by the commissioner
through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for purposes of
administering and enforcing the provisions of this chapter. deleted text end The commissioner shall grant
or deny a license application or a renewal application within 60 days of its filing. If the
license is granted, the commissioner shall license the applicant as a dealer or manufacturer
for the remainder of the calendar year. Upon application by the licensee, the commissioner
shall renew the license for a two year period, if:

(a) the renewal application satisfies the requirements of subdivisions 3 and 4;

(b) the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding year; and

(c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
327B.12 and all taxes, arrearages, and penalties owed to the state.

Sec. 5.

Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:

Subd. 8b.

Family rental housing.

It may establish a family rental housing
assistance program to provide loans or direct rental subsidies for housing for families
with incomes of up to 80 percent of state median income new text begin , or to provide grants for the
operating cost of public housing new text end . Priority must be given to those developments with
resident families with the lowest income. The development may be financed by the
agency or other public or private lenders. Direct rental subsidies must be administered by
the agency for the benefit of eligible families. Financial assistance provided under this
subdivision to recipients of aid to families with dependent children must be in the form
of vendor payments whenever possible. Loans new text begin , grants, new text end and direct rental subsidies under
this subdivision may be made only with specific appropriations by the legislature. The
limitations on eligible mortgagors contained in section 462A.03, subdivision 13, do not
apply to loans for the rehabilitation of existing housing under this subdivision.

Sec. 6.

Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:

Subd. 3.

Contribution requirement.

Fifty percent of the funds appropriated for
this section must be used for challenge grants or loans deleted text begin which meet the requirements of this
subdivision deleted text end new text begin for housing proposals with financial or in-kind contributions from nonstate
resources that reduce the need for deferred loan or grant funds from state resources new text end . deleted text begin These deleted text end
Challenge grants or loans must be used for economically viable homeownership or rental
housing proposals that deleted text begin :
deleted text end

deleted text begin (1) include a financial or in-kind contribution from an area employer and either a unit
of local government or a private philanthropic, religious, or charitable organization; and
deleted text end

deleted text begin (2) deleted text end address the housing needs of the local work force.

new text begin Among comparable proposals, preference must be given to proposals that include
contributions from nonstate resources for the greatest portion of the total development
cost. Comparable proposals with contributions from local units of government or private
philanthropic, religious, or charitable organizations must be given preference in awarding
grants or loans.
new text end

For the purpose of this subdivision, deleted text begin an employer deleted text end new text begin a new text end contribution may consist partially
or wholly of the premium paid for federal housing tax credits.

deleted text begin Preference for grants and loans shall also be given to comparable proposals that
include a financial or in-kind contribution from a unit of local government, an area
employer, and a private philanthropic, religious, or charitable organization.
deleted text end

Sec. 7.

Minnesota Statutes 2006, section 469.021, is amended to read:

469.021 PREFERENCES.

As between applicants equally in need and eligible for occupancy of a dwelling
and at the rent involved, preference shall be given to new text begin disabled veterans, persons with
disabilities, and new text end families of service persons who died in service and to families of veterans.
In admitting families of low income to dwelling accommodations in any housing project an
authority shall, as far as is reasonably practicable, give consideration to applications from
families deleted text begin to which aid for dependent children is payable deleted text end new text begin receiving assistance under chapter
256J new text end , and to resident families to whom public assistance or supplemental security income
for the aged, blind, and disabled is payable, when those families are otherwise eligible.

Sec. 8. new text begin NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established; purpose. new text end

new text begin The nanotechnology
development fund program (NDF) is established to develop a collaborative economic
development initiative between the state of Minnesota, the private sector, and multiple
academic institutions to promote by small businesses an increased use of advanced
nanoinstrumentation for characterization, fabrication, and other related processes;
provide research consulting by knowledgeable specialists; and provide student internship
opportunities to increase nanotechnology experience by working with small, medium, or
large Minnesota companies. The NDF program shall be administered by the Department
of Employment and Economic Development and is not a state agency.
new text end

new text begin Subd. 2. new text end

new text begin Definition; qualifying Minnesota small business. new text end

new text begin "Qualifying Minnesota
small business" means:
new text end

new text begin (1) a Minnesota small business corporation, sole proprietorship, or partnership that
has fewer than 50 employees; or
new text end

new text begin (2) a Minnesota business corporation, sole proprietorship, or partnership that:
new text end

new text begin (i) has 51 to 100 employees; and
new text end

new text begin (ii) demonstrates current financial adversity or risk or a major prospect of aiding
the business's long-term outlook by significant use of nanotechnology in the business's
offerings.
new text end

new text begin Subd. 3. new text end

new text begin Grants. new text end

new text begin The commissioner shall extend onetime matching grants from the
NDF to qualifying Minnesota small businesses located throughout the state to:
new text end

new text begin (1) add nanotechnology applications to products that are being developed by
Minnesota small businesses to enhance distinctiveness;
new text end

new text begin (2) promote the depth, breadth, and value of technologies being developed by
Minnesota businesses with the aid of nanotechnology;
new text end

new text begin (3) encourage more frequent use of nanoinstrumentation to speed businesses' product
time-to-market, with higher incidence of distinct product characteristics;
new text end

new text begin (4) provide Minnesota small businesses with broader access to experienced research
consultants; and
new text end

new text begin (5) increase the number of researchers experienced in working with
nanoinstrumentation.
new text end

new text begin Subd. 4. new text end

new text begin Grant application and award procedure. new text end

new text begin (a) The commissioner may
give priority to applicants:
new text end

new text begin (1) whose intellectual property would benefit from utilization of nanoinstrumentation
not possessed in-house;
new text end

new text begin (2) who are currently utilizing nanoinstrumentation either at the University of
Minnesota or a private sector location on a leased, hourly basis; and
new text end

new text begin (3) who wish to increase their access to experienced research consultants.
new text end

new text begin (b) The commissioner shall decide whether to award a grant to an eligible applicant
based on:
new text end

new text begin (1) the applicant's planned frequency of usage of nanoinstrumentation for
characterization, fabrication, and other related processes; and
new text end

new text begin (2) the applicant's demonstration of rental of nanoinstrumentation, in the form
of a signed affidavit from a certified facility to confirm the one-to-one private sector
investment has been met.
new text end

new text begin (c) A grant made under this section must:
new text end

new text begin (1) include verification of matching rental fees or internship stipends paid by the
grantee; and
new text end

new text begin (2) be for a total amount paid to each grantee of not less than $500 nor more than
$20,000 within the biennium.
new text end

new text begin Subd. 5. new text end

new text begin Administration. new text end

new text begin The commissioner of employment and economic
development must develop and maintain a record-keeping system that specifies how
funds from the NDF are applied for and distributed. Businesses receiving grants
from the NDF must provide contact information, the date and time of the use of the
nanoinstrumentation, proof of their matching contribution to meet the rental costs or
provide an internship's stipend, and a general statement of the expected outcome from
the use of the nanoinstrumentation, to the extent documentation can be made without
divulging proprietary information.
new text end

new text begin Subd. 6. new text end

new text begin Gifts and donations. new text end

new text begin Gifts and donations, including land or interests in
land, may be made to NDF. Noncash gifts and donations must be disposed of for cash
as soon as the commissioner of employment and economic development can prudently
maximize the value of the gift or donation.
new text end

new text begin Subd. 7. new text end

new text begin Report to legislature. new text end

new text begin By June 30 of each odd-numbered year, the
commissioner of employment and economic development must submit a report to the
legislature with statistics about the use of the NDF.
new text end

Sec. 9. new text begin WORK GROUP.
new text end

new text begin The commissioner of employment and economic development shall convene a work
group to evaluate the impact of the money appropriated for wage incentives and how the
wage incentive program works. The work group is to make recommendations to the
legislature by January 15, 2008.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Unless another effective date is expressly provided, this act is effective July 1, 2007.
new text end