SF 2089

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; appropriating money for jobs and economic
development purposes; establishing and modifying certain programs; regulating
certain activities and practices; providing for accounts, assessments, and fees;
modifying provisions governing contractors; requiring studies; amending
Minnesota Statutes 2006, sections 13.712, by adding a subdivision; 16B.61,
subdivision 1a; 16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 80A.28,
subdivision 1; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555,
subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.17,
subdivision 1; 116L.20, subdivision 1; 116M.18, subdivision 6a; 240.06,
subdivision 5a, by adding a subdivision; 240.13, subdivision 6; 240.135; 240.30,
subdivision 5; 268A.01, subdivision 13, by adding a subdivision; 268A.085,
subdivision 1; 268A.15, by adding a subdivision; 298.22, subdivision 2;
298.227; 326.242, subdivision 8, by adding a subdivision; 326.2441; 326.47,
subdivision 6; 326.975, subdivision 1; 326.992; 327.33, subdivisions 2, 6;
327B.04, subdivision 7; 462A.21, subdivision 8b; 462A.33, subdivision 3;
471.471, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 138; 177; 179; 182; 326; proposing coding for new law as Minnesota
Statutes, chapters 59C; 326B; repealing Minnesota Statutes 2006, sections
16B.747, subdivision 4; 16C.18, subdivision 2; 183.375, subdivision 5; 183.545,
subdivision 9; 326.241, subdivision 3; 326.44; 326.52; 326.64; 326.975.

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

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 163,335,000 new text end	new text begin $ new text end	new text begin 164,618,000 new text end	new text begin $ new text end	new text begin 327,953,000 new text end
new text begin Workforce Development new text end		new text begin 10,235,000 new text end		new text begin 10,251,000 new text end		new text begin 20,486,000 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 Petroleum Tank Cleanup new text end		new text begin 1,084,000 new text end		new text begin 1,084,000 new text end		new text begin 2,168,000 new text end
new text begin Workers' Compensation new text end		new text begin 23,114,000 new text end		new text begin 23,498,000 new text end		new text begin 46,612,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 198,468,000 new text end	new text begin $ new text end	new text begin 200,151,000 new text end	new text begin $ new text end	new text begin 398,619,000 new text end

Sec. 2. new text begin 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 60,275,000 new text end

new text begin $ new text end

new text begin 60,593,000 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 50,105,000 new text end	new text begin 50,423,000 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 9,470,000 new text end	new text begin 9,470,000 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 8,374,000 new text end

new text begin 8,513,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 7,674,000 new text end	new text begin 7,813,000 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 $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 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 $155,000 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 $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 $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 $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 $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 Subd. 3. new text end new text begin Workforce Development new text end

new text begin 48,740,000 new text end

new text begin 48,882,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 39,270,000 new text end	new text begin 39,412,000 new text end
new text begin Workforce Development new text end	new text begin 9,470,000 new text end	new text begin 9,470,000 new text end

new text begin $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 $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 $875,000 the first year and $875,000
the second year are from the workforce
development fund and $500,000 the first
year and $500,000 the second year are
from the general fund for opportunities
industrialization center programs.
new text end

new text begin $250,000 the first year and $250,000
the second year are from the workforce
development fund and $100,000 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.
new text end

new text begin $300,000 the first year and $300,000 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 $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 $2,500,000 the first year and $2,500,000 the
second year are from the general fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
new text end

new text begin $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 $1,250,000 the first year and $1,250,000
the second year are 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,
$250,000 the first year and $250,000 the
second year are 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 $500,000 the first year and $500,000 the
second year are from the general 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 $1,500,000 the first year and $1,500,000 the
second year are from the general fund 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 $5,371,000 the first year and $5,378,000 the
second year are from the general fund and
$6,920,000 the first year and $6,920,000
the second year are from the workforce
development fund for extended employment
services for persons with severe disabilities
or related conditions under Minnesota
Statutes, section .
new text end

new text begin $2,690,000 the first year and $2,690,000
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 is directed to determine
a federally allowable methodology and to
use, whenever appropriate and possible,
state funds allocated for general operation
of centers for independent living under this
section to match available federal dollars.
Any additional federal dollars realized
through this match process may be used
by the centers for independent living for
general operating dollars. The state funds
used for match must remain intact for use
by the centers in their general operations.
An agreement to meet the federal matching
requirements will be documented through a
memorandum of understanding.
new text end

new text begin $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 $250,000 the first year and $250,000 the
second year are from the general 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 $1,400,000 the first year and $1,400,000 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 $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 $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 $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 Subd. 5. new text end new text begin Administration new text end

new text begin 3,161,000 new text end

new text begin 3,198,000 new text end

new text begin $150,000 the first year and $150,000
the second year are to fund the analysis,
production, and dissemination of labor
market information.
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 , subdivision 3, shall be
transferred by June 30 of each fiscal year
to the workforce development fund created
under Minnesota Statutes, section .
Deposits in excess of the $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 11,386,000 new text end

new text begin $ new text end

new text begin 11,499,000 new text end

new text begin To develop maximum private sector
involvement in tourism, $4,000,000 the first
year and $4,000,000 the second year must
be matched by Explore Minnesota tourism
from nonstate sources. Up to one-half of
the total match requirement may include
in-kind contributions. Cash match is defined
as revenue to the state or documented case
expenditures directly expended to support
Explore Minnesota tourism programs.
new text end

new text begin In the second year, for every dollar generated
from nonstate sources in the previous year
in excess of $4,000,000, an amount of up
to $1,000,000 is appropriated from the
general fund to Explore Minnesota tourism
for marketing purposes. This incentive is
ongoing. In order to maximize marketing
grant benefits, the director must give priority
for organizational partnership marketing
grants to organizations with year-round
sustained tourism activities. For programs
and projects submitted, the director must
give priority to those that encompass two
or more areas or that attract nonresident
travelers to the state.
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 The director may use grant dollars or the
value of in-kind services to provide the
state contribution for the partnership grant
program.
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 $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 $500,000 the first year and $500,000 the
second year are for a grant to the Minnesota
Film and TV Board for the snowbate
program. These amounts are added to the
agency budget base.
new text end

Sec. 5. new text begin COMMERCE 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 18,934,000 new text end

new text begin $ new text end

new text begin 19,391,000 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 17,015,000 new text end	new text begin 17,472,000 new text end
new text begin Petroleum Cleanup new text end	new text begin 1,084,000 new text end	new text begin 1,084,000 new text end
new text begin Workers' Compensation new text end	new text begin 835,000 new text end	new text begin 835,000 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 Financial Examinations new text end

new text begin 6,380,000 new text end

new text begin 6,573,000 new text end

new text begin Subd. 3. new text end new text begin Petroleum Tank Release Cleanup Board new text end

new text begin 1,084,000 new text end

new text begin 1,084,000 new text end

new text begin This appropriation is from the petroleum
tank release cleanup fund.
new text end

new text begin Subd. 4. new text end new text begin Administrative Services new text end

new text begin 4,516,000 new text end

new text begin 4,620,000 new text end

new text begin Subd. 5. new text end new text begin Market Assurance new text end

new text begin 6,954,000 new text end

new text begin 7,114,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,119,000 new text end	new text begin 6,279,000 new text end
new text begin Workers' Compensation new text end	new text begin 835,000 new text end	new text begin 835,000 new text end

Sec. 6. 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 44,938,000 new text end

new text begin $ new text end

new text begin 44,938,000 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 9,622,000 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 Urban Indian Housing Program new text end

new text begin 180,000 new text end

new text begin 180,000 new text end

new text begin For the urban Indian housing program
under Minnesota Statutes, section 462A.07,
subdivision 15.
new text end

new text begin Subd. 4. new text end new text begin Tribal Indian Housing Program new text end

new text begin 1,105,000 new text end

new text begin 1,105,000 new text end

new text begin For the tribal Indian housing program
under Minnesota Statutes, section 462A.07,
subdivision 14.
new text end

new text begin Subd. 5. new text end new text begin Housing Trust Fund new text end

new text begin 8,555,000 new text end

new text begin 8,555,000 new text end

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

new text begin Subd. 6. 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. 7. 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 As provided in Minnesota Statutes, section
462A.20, subdivision 3, the agency may
transfer unencumbered balances from one
appropriated account to another as necessary
to implement the business plan of the
working group on long-term homelessness
established in Laws 2003, chapter 128,
article 15, section 9.
new text end

new text begin Subd. 8. new text end new text begin Home Ownership Assistance Fund new text end

new text begin 885,000 new text end

new text begin 885,000 new text end

new text begin Subd. 9. new text end new text begin Affordable Rental Investment Fund new text end

new text begin 8,996,000 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 Subd. 10. new text end new text begin Housing Rehabilitation and Accessibility new text end

new text begin 4,287,000 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. 11. new text end new text begin Home Ownership Education, Counseling, and Training new text end

new text begin 865,000 new text end

new text begin 865,000 new text end

new text begin For the home ownership education,
counseling, and training program under
Minnesota Statutes, section 462A.209.
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.
new text end

Sec. 7. 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 22,341,000 new text end

new text begin $ new text end

new text begin 22,711,000 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 960,000 new text end	new text begin 977,000 new text end
new text begin Workers' Compensation new text end	new text begin 20,616,000 new text end	new text begin 20,953,000 new text end
new text begin Workforce Development new text end	new text begin 765,000 new text end	new text begin 781,000 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 10,381,000 new text end

new text begin 10,659,000 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 4,192,000 new text end

new text begin 4,288,000 new text end

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

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

new text begin 1,725,000 new text end

new text begin 1,758,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 960,000 new text end	new text begin 977,000 new text end
new text begin Workforce Development new text end	new text begin 765,000 new text end	new text begin 781,000 new text end

new text begin $665,000 the first year and $681,000 the
second year from the workforce development
fund is for the apprenticeship program under
Minnesota Statutes, chapter 178.
new text end

new text begin $100,000 the first year and $100,000 the
second year from the workforce development
fund are for labor education and advancement
program grants.
new text end

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

new text begin 6,043,000 new text end

new text begin 6,006,000 new text end

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

Sec. 8. 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 1,866,000 new text end

new text begin $ new text end

new text begin 1,911,000 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 1,716,000 new text end

new text begin 1,761,000 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 onetime 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. 9. new text begin WORKERS' COMPENSATION COURT OF APPEALS new text end

new text begin $ new text end

new text begin 1,663,000 new text end

new text begin $ new text end

new text begin 1,710,000 new text end

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

Sec. 10. 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 24,187,000 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 13,645,000 new text end

new text begin 13,905,000 new text end

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

new text begin 10,221,000 new text end

new text begin 10,429,000 new text end

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

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

new text begin 43,000 new text end

new text begin 42,000 new text end

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

new text begin 16,000 new text end

new text begin -0- new text end

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

new text begin 134,000 new text end

new text begin -0- new text end

new text begin (d) new text begin Farmamerica (MN AIC) new text end new text end

new text begin 128,000 new text end

new text begin 128,000 new text end

new text begin Notwithstanding any other law, this
appropriation may be used for operations.
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 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

Sec. 11. 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 10,612,000 new text end

new text begin $ new text end

new text begin 10,631,000 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 754,000 new text end

new text begin 767,000 new text end

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

new text begin 6,901,000 new text end

new text begin 6,905,000 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. 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 801,000 new text end

new text begin $ new text end

new text begin 817,000 new text end

Sec. 13. new text begin BOARD OF ACCOUNTING 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 506,000 new text end

Sec. 14. new text begin BOARD OF BARBER AND COSMETOLOGISTS EXAMINERS new text end

new text begin $ new text end

new text begin 919,000 new text end

new text begin $ new text end

new text begin 940,000 new text end

Sec. 15. 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

Sec. 16. new text begin Transfers new text end

new text begin The commissioner of labor and industry
shall transfer $1,600,000 by June 30, 2008,
and $1,500,000 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

Sec. 17.

Minnesota Statutes 2006, section 13.712, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Vehicle protection product warrantors. new text end

new text begin Financial information provided
to the commissioner of commerce by vehicle protection product warrantors is classified
under section 59C.05, subdivision 3.
new text end

Sec. 18.

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. 19.

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. 20.

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. 21.

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. 22.

new text begin [59C.01] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Vehicle Protection Product Act."
new text end

Sec. 23.

new text begin [59C.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For purposes of this chapter, the terms defined in subdivisions
2 to 11 have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Administrator. new text end

new text begin "Administrator" means a third party other than the
warrantor who is designated by the warrantor to be responsible for the administration
of vehicle protection product warranties.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 4. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Commerce.
new text end

new text begin Subd. 5. new text end

new text begin Incidental costs. new text end

new text begin "Incidental costs" means expenses specified in the
warranty incurred by the warranty holder related to the failure of the vehicle protection
product to perform as provided in the warranty. Incidental costs may include, without
limitation, insurance policy deductibles, rental vehicle charges, the difference between the
actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle,
sales taxes, registration fees, transaction fees, and mechanical inspection fees.
new text end

new text begin Subd. 6. new text end

new text begin Service contract. new text end

new text begin "Service contract" means a contract or agreement as
regulated under chapter 59B.
new text end

new text begin Subd. 7. new text end

new text begin Vehicle protection product. new text end

new text begin "Vehicle protection product" means a vehicle
protection device, system, or service that:
new text end

new text begin (1) is installed on or applied to a vehicle;
new text end

new text begin (2) is designed to prevent loss or damage to a vehicle from a specific cause; and
new text end

new text begin (3) includes a written warranty.
new text end

new text begin For purposes of this section, vehicle protection product includes, without limitation,
alarm systems; body part marking products; steering locks; window etch products; pedal
and ignition locks; fuel and ignition kill switches; and electronic, radio, and satellite
tracking devices.
new text end

new text begin Subd. 8. new text end

new text begin Vehicle protection product warranty or warranty. new text end

new text begin "Vehicle protection
product warranty" or "warranty" means, for the purposes of this chapter, a written
agreement by a warrantor that provides, if the vehicle protection product fails to prevent
loss or damage to a vehicle from a specific cause, that the warranty holder must be
paid specified incidental costs by the warrantor as a result of the failure of the vehicle
protection product to perform pursuant to the terms of the warranty.
new text end

new text begin Subd. 9. new text end

new text begin Vehicle protection product warrantor or warrantor. new text end

new text begin "Vehicle protection
product warrantor" or "warrantor," for the purposes of this chapter, means a person who is
contractually obligated to the warranty holder under the terms of the vehicle protection
product warranty agreement. Warrantor does not include an authorized insurer providing a
warranty reimbursement insurance policy.
new text end

new text begin Subd. 10. new text end

new text begin Warranty holder. new text end

new text begin "Warranty holder," for the purposes of this chapter,
means the person who purchases a vehicle protection product or who is a permitted
transferee.
new text end

new text begin Subd. 11. new text end

new text begin Warranty reimbursement insurance policy. new text end

new text begin "Warranty reimbursement
insurance policy" means a policy of insurance that is issued to the vehicle protection
product warrantor to provide reimbursement to, or to pay on behalf of, the warrantor all
covered contractual obligations incurred by the warrantor under the terms and conditions
of the insured vehicle protection product warranties sold by the warrantor.
new text end

Sec. 24.

new text begin [59C.03] SCOPE AND EXEMPTIONS.
new text end

new text begin (a) No vehicle protection product may be sold or offered for sale in this state unless
the seller, warrantor, and administrator, if any, comply with the provisions of this chapter.
new text end

new text begin (b) Vehicle protection product warrantors and related vehicle protection product
sellers and warranty administrators complying with this chapter are not required to comply
with and are not subject to any other provision of chapters 59B to 72A, except that section
72A.20, subdivision 38, shall apply to vehicle protection product warranties in the same
manner it applies to service contracts.
new text end

new text begin (c) Service contract providers who do not sell vehicle protection products are not
subject to the requirements of this chapter and sales of vehicle protection products are
exempt from the requirements of chapter 59B.
new text end

new text begin (d) Warranties, indemnity agreements, and guarantees that are not provided as a part
of a vehicle protection product are not subject to the provisions of this chapter.
new text end

Sec. 25.

new text begin [59C.04] REGISTRATION AND FILING REQUIREMENTS OF
WARRANTORS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirement. new text end

new text begin A person may not operate as a warrantor or
represent to the public that the person is a warrantor unless the person is registered with
the department on a form prescribed by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Registration records. new text end

new text begin A registrant shall file a warrantor registration
record annually and shall update it within 30 days of any change. A registration record
must contain the following information:
new text end

new text begin (1) the warrantor's name, any fictitious names under which the warrantor does
business in the state, principal office address, and telephone number;
new text end

new text begin (2) the name and address of the warrantor's agent for service of process in the state if
other than the warrantor;
new text end

new text begin (3) the names of the warrantor's executive officer or officers directly responsible for
the warrantor's vehicle protection product business;
new text end

new text begin (4) the name, address, and telephone number of any administrators designated by
the warrantor to be responsible for the administration of vehicle protection product
warranties in this state;
new text end

new text begin (5) a copy of the warranty reimbursement insurance policy or policies or other
financial information required by section 59C.05;
new text end

new text begin (6) a copy of each warranty the warrantor proposes to use in this state; and
new text end

new text begin (7) a statement indicating under which provision of section 59C.05 the warrantor
qualifies to do business in this state as a warrantor.
new text end

new text begin Subd. 3. new text end

new text begin Registration fee. new text end

new text begin The commissioner may charge each registrant a
reasonable fee to offset the cost of processing the registration and maintaining the records
in an amount not to exceed $250 annually. The information in subdivision 2, clauses (1)
and (2), must be made available to the public.
new text end

new text begin Subd. 4. new text end

new text begin Renewal. new text end

new text begin If a registrant fails to register by the renewal deadline, the
commissioner shall give them written notice of the failure and the registrant will have 30
days to complete the renewal of the registration before the commissioner suspends the
registration.
new text end

new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin An administrator or person who sells or solicits a sale of a
vehicle protection product but who is not a warrantor shall not be required to register as a
warrantor or be licensed under the insurance laws of this state to sell vehicle protection
products.
new text end

Sec. 26.

new text begin [59C.05] FINANCIAL RESPONSIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin No vehicle protection product may be sold
or offered for sale in this state unless the warrantor meets either the requirements of
subdivision 2 or 3 in order to ensure adequate performance under the warranty. No other
financial security requirements or financial standards for warrantors is required.
new text end

new text begin Subd. 2. new text end

new text begin Warranty reimbursement insurance policy. new text end

new text begin The vehicle protection
product warrantor shall be insured under a warranty reimbursement insurance policy
issued by an insurer authorized to do business in this state which provides that:
new text end

new text begin (1) the insurer will pay to, or on behalf of the warrantor, 100 percent of all sums
that the warrantor is legally obligated to pay according to the warrantor's contractual
obligations under the warrantor's vehicle protection product warranty;
new text end

new text begin (2) a true and correct copy of the warranty reimbursement insurance policy has been
filed with the commissioner by the warrantor; and
new text end

new text begin (3) the policy contains the provision required in section 59C.06.
new text end

new text begin Subd. 3. new text end

new text begin Network or stockholder's equity. new text end

new text begin (1) The vehicle protection product
warrantor, or its parent company in accordance with clause (2), shall maintain a net worth
or stockholders' equity of $50,000,000; and
new text end

new text begin (2) the warrantor shall provide the commissioner with a copy of the warrantor's or
the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the
Securities and Exchange Commission within the last calendar year or, if the warrantor
does not file with the Securities and Exchange Commission, a copy of the warrantor or
the warrantor's parent company's audited financial statements that shows a net worth of
the warrantor or its parent company of at least $50,000,000. If the warrantor's parent
company's Form 10-K, Form 20-F, or audited financial statements are filed to meet
the warrantor's financial stability requirement, then the parent company shall agree to
guarantee the obligations of the warrantor relating to warranties issued by the warrantor in
this state. The financial information provided to the commissioner under this paragraph
is trade secret information for purposes of section 13.37.
new text end

Sec. 27.

new text begin [59C.06] WARRANTY REIMBURSEMENT POLICY
REQUIREMENTS.
new text end

new text begin No warranty reimbursement insurance policy may be issued, sold, or offered for sale
in this state unless the policy meets the following conditions:
new text end

new text begin (1) the policy states that the issuer of the policy will reimburse, or pay on behalf of
the vehicle protection product warrantor, all covered sums that the warrantor is legally
obligated to pay, or will provide all service that the warrantor is legally obligated to
perform according to the warrantor's contractual obligations under the provisions of the
insured warranties sold by the warrantor;
new text end

new text begin (2) the policy states that in the event payment due under the terms of the warranty is
not provided by the warrantor within 60 days after proof of loss has been filed according
to the terms of the warranty by the warranty holder, the warranty holder may file directly
with the warranty reimbursement insurance company for reimbursement;
new text end

new text begin (3) the policy provides that a warranty reimbursement insurance company that
insures a warranty is deemed to have received payment of the premium if the warranty
holder paid for the vehicle protection product and the insurer's liability under the policy
shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the
issuance of a warranty to the insurer; and
new text end

new text begin (4) the policy has the following provisions regarding cancellation of the policy:
new text end

new text begin (i) the issuer of a reimbursement insurance policy shall not cancel the policy until a
notice of cancellation in writing has been mailed or delivered to the commissioner and
each insured warrantor;
new text end

new text begin (ii) the cancellation of a reimbursement insurance policy shall not reduce the issuer's
responsibility for vehicle protection products sold prior to the date of cancellation; and
new text end

new text begin (iii) in the event an insurer cancels a policy that a warrantor has filed with the
commissioner, the warrantor shall do either of the following:
new text end

new text begin (A) file a copy of a new policy with the commissioner, before the termination of
the prior policy, providing no lapse in coverage following the termination of the prior
policy; or
new text end

new text begin (B) discontinue offering warranties as of the termination date of the policy until a
new policy becomes effective and is accepted by the commissioner.
new text end

Sec. 28.

new text begin [59C.07] DISCLOSURE TO WARRANTY HOLDER.
new text end

new text begin A vehicle protection product warranty must not be sold or offered for sale in this
state unless the warranty:
new text end

new text begin (1) states, "The obligations of the warrantor to the warranty holder are guaranteed
under a warranty reimbursement insurance policy" if the warrantor elects to meet its
financial responsibility obligations under section 59C.05, subdivision 2, or states "The
obligations of the warrantor under this warranty are backed by the full faith and credit
of the warrantor" if the warrantor elects to meet its financial responsibility obligations
under section 59C.05, subdivision 3;
new text end

new text begin (2) states that in the event a warranty holder must make a claim against a party other
than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to
make a direct claim against the insurer upon the failure of the warrantor to pay any claim
or meet any obligation under the terms of the warranty within 60 days after proof of loss
has been filed with the warrantor, if the warrantor elects to meet its financial responsibility
obligations under section 59C.05, subdivision 2;
new text end

new text begin (3) states the name and address of the issuer of the warranty reimbursement
insurance policy, and this information need not be preprinted on the warranty form, but
may be added to or stamped on the warranty, if the warrantor elects to meet its financial
responsibility obligations under section 59C.05, subdivision 2;
new text end

new text begin (4) identifies the warrantor, the seller, and the warranty holder;
new text end

new text begin (5) sets forth the total purchase price and the terms under which it is to be paid,
however, the purchase price is not required to be preprinted on the vehicle protection
product warranty and may be negotiated with the consumer at the time of sale;
new text end

new text begin (6) sets forth the procedure for making a claim, including a telephone number;
new text end

new text begin (7) specifies the payments or performance to be provided under the warranty
including payments for incidental costs expressed as either a fixed amount specified in the
warranty or sales agreement or by the use of a formula itemizing specific incidental costs
incurred by the warranty holder, the manner of calculation or determination of payments
or performance, and any limitations, exceptions, or exclusions;
new text end

new text begin (8) sets forth all of the obligations and duties of the warranty holder such as the duty
to protect against any further damage to the vehicle, the obligation to notify the warrantor
in advance of any repair, or other similar requirements, if any;
new text end

new text begin (9) sets forth any terms, restrictions, or conditions governing transferability and
cancellation of the warranty, if any; and
new text end

new text begin (10) contains a disclosure that reads substantially as follows: "This agreement is a
product warranty and is not insurance."
new text end

Sec. 29.

new text begin [59C.08] PROHIBITED ACTS.
new text end

new text begin (a) Unless licensed as an insurance company, a vehicle protection product warrantor
shall not use in its name, contracts, or literature, any of the words "insurance," "casualty,"
"surety," "mutual," or any other words descriptive of the insurance, casualty, or surety
business or deceptively similar to the name or description of any insurance or surety
corporation, or any other vehicle protection product warrantor. A warrantor may use the
term "guaranty" or similar word in the warrantor's name.
new text end

new text begin (b) A vehicle protection product seller or warrantor may not require as a condition of
financing that a retail purchaser of a motor vehicle purchase a vehicle protection product.
new text end

Sec. 30.

new text begin [59C.09] RECORD KEEPING.
new text end

new text begin (a) All vehicle protection product warrantors shall keep accurate accounts, books,
and records concerning transactions regulated under this chapter.
new text end

new text begin (b) A vehicle protection product warrantor's accounts, books, and records must
include:
new text end

new text begin (1) copies of all vehicle protection product warranties;
new text end

new text begin (2) the name and address of each warranty holder; and
new text end

new text begin (3) the dates, amounts, and descriptions of all receipts, claims, and expenditures.
new text end

new text begin (c) A vehicle protection product warrantor shall retain all required accounts, books,
and records pertaining to each warranty holder for at least two years after the specified
period of coverage has expired. A warrantor discontinuing business in this state shall
maintain its records until it furnishes the commissioner satisfactory proof that it has
discharged all obligations to warranty holders in this state.
new text end

Sec. 31.

new text begin [59C.10] COMMISSIONER'S POWERS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin EXAMINATION AND COMPLIANCE POWERS. new text end

new text begin The
commissioner may conduct examinations of warrantors, administrators, or other persons
to enforce this chapter and protect warranty holders in this state. Upon request of the
commissioner, a warrantor shall make available to the commissioner all accounts, books,
and records concerning vehicle protection products sold by the warrantor and transactions
regulated under this chapter that are necessary to enable the commissioner to reasonably
determine compliance or noncompliance with this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement authority. new text end

new text begin The commissioner may take action that is
necessary or appropriate to enforce the provisions of this chapter and the commissioner's
rules and orders and to protect warranty holders in this state. The commissioner has the
enforcement authority in chapter 45 available to enforce the provisions of the chapter and
the rules adopted pursuant to it.
new text end

Sec. 32.

new text begin [59C.12] APPLICABILITY.
new text end

new text begin This chapter applies to all vehicle protection products sold or offered for sale on
or after the effective date of this chapter. The failure of any person to comply with this
chapter before its effective date is not admissible in any court proceeding, administrative
proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise
be used to prove that the action of any person or the affected vehicle protection product
was unlawful or otherwise improper. The adoption of this chapter does not imply that
a vehicle protection product warranty was insurance before the effective date of this
chapter. Nothing in this section may be construed to require the application of the penalty
provisions where this section is not applicable.
new text end

Sec. 33.

Minnesota Statutes 2006, section 80A.28, subdivision 1, is amended to read:

Subdivision 1.

Registration or notice filing fee.

(a) There shall be a filing fee of
$100 for every application for registration or notice filing. There shall be an additional fee
of one-tenth of one percent of the maximum aggregate offering price at which the securities
are to be offered in this state, and the maximum combined fees shall not exceed $300.

(b) When an application for registration is withdrawn before the effective date or a
preeffective stop order is entered under section 80A.13, subdivision 1, all but the $100
filing fee shall be returned. If an application to register securities is denied, the total of all
fees received shall be retained.

(c) Where a filing is made in connection with a federal covered security under
section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing.
If the filing is made in connection with redeemable securities issued by an open end
management company or unit investment trust, as defined in the Investment Company Act
of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate
offering price at which the securities are to be offered in this state during the notice filing
period. The fee must be paid at the time of the initial filing and thereafter in connection
with each renewal no later than July 1 of each year and must be sufficient to cover the
shares the issuer expects to sell in this state over the next 12 months. If during a current
notice filing the issuer determines it is likely to sell shares in excess of the shares for
which fees have been paid to the commissioner, the issuer shall submit an amended notice
filing to the commissioner under section 80A.122, subdivision 1, clause (3), together with
a fee of 1/20 of one percent of the maximum aggregate offering price of the additional
shares. Shares for which a fee has been paid, but which have not been sold at the time
of expiration of the notice filing, may not be sold unless an additional fee to cover the
shares has been paid to the commissioner as provided in this section and section 80A.122,
subdivision 4a. If the filing is made in connection with redeemable securities issued by
such a company or trust, there is no maximum fee for securities filings made according to
this paragraph. If the filing is made in connection with any other federal covered security
under Section 18(b)(2) of the Securities Act of 1933, there is an additional fee of one-tenth
of one percent of the maximum aggregate offering price at which the securities are to be
offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal
year 2001 and continuing each fiscal year thereafter, as of the last day of each fiscal year,
the commissioner shall determine the total amount of all fees that were collected under
this paragraph in connection with any filings made for that fiscal year for securities of an
open-end investment company on behalf of a security that is a federal covered security
pursuant to section 18(b)(2) of the Securities Act of 1933. deleted text begin To the extent the total fees
collected by the commissioner in connection with these filings exceed $25,000,000 in a
fiscal year, the commissioner shall refund, on a pro rata basis, to all persons who paid any
fees for that fiscal year, the amount of fees collected by the commissioner in excess of
$25,000,000. deleted text end No individual refund is required of amounts of $100 or less for a fiscal year.

Sec. 34.

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. 35.

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. 36.

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 limiting it 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. 37.

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. 38.

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. 39.

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. 40.

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. 41.

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 new text begin , new text end 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. 42.

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. 43.

new text begin [138.99] POET LAUREATE.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment.
new text end

new text begin The Gov' shall appoint a state poet laureate, new text end

new text begin Who shall serve for a four-year term. new text end

new text begin Because this appointment will always be great, new text end

new text begin There's no need for the Senate to confirm. new text end

new text begin In appointing a poet for the public good, new text end

new text begin And to ensure there's no unjust omission, new text end

new text begin The governor shall consider, if he would new text end

new text begin Thoughts of the Humanities Commission. new text end

new text begin Subd. 2. new text end

new text begin Removal.
new text end

new text begin The poet will be free to write rhyming lines, new text end

new text begin With removal only for cause, new text end

new text begin But we trust that the bard will promptly resign, new text end

new text begin If the verse reads as badly as laws. new text end

new text begin Subd. 3. new text end

new text begin Compensation.
new text end

new text begin 'Twould be fair to provide some just recompense new text end

new text begin As reward for the poet's tribulations, new text end

new text begin But because at this time we haven't the cents new text end

new text begin We're afraid there is no compensation. new text end

new text begin But we ask as the poet travels the state, new text end

new text begin And the people their ears they lend, new text end

new text begin That our learned Commission take the position new text end

new text begin To provide the poor poet a stipend. new text end

new text begin Subd. 4. new text end

new text begin Gifts and grants.
new text end

new text begin To provide the support that needs to come new text end

new text begin To support our new laureate, new text end

new text begin Gifts and grants received of a generous sum, new text end

new text begin We hereby appropriate. new text end

Sec. 44.

new text begin [177.45] PRIVATE PARTY CIVIL ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Civil action; damages. new text end

new text begin A person aggrieved by a violation of section
177.43, 177.435, or 177.44 may bring a civil action seeking redress directly to district
court. A contractor, subcontractor, or agent who is found to have violated any of those
sections is liable to the aggrieved party for compensatory damages in the amount of any
unpaid wages and benefits and for an additional equal amount as liquidated damages, in
addition to other appropriate relief, including, but not limited to, injunctive relief. An
action under this section may be maintained against any contractor, subcontractor, or agent
by any one or more employees for and in behalf of the employee and other employees
similarly situated. An agreement between the employee and employer to work for less
than the applicable wage is not a defense to the action.
new text end

new text begin Subd. 2. new text end

new text begin District court jurisdiction. new text end

new text begin An action brought under subdivision 1 may be
filed in the district court of the county where a violation is alleged to have been committed,
where the contractor, subcontractor, or agent resides or has a principal place of business,
or any other court of competent jurisdiction.
new text end

new text begin Subd. 3. new text end

new text begin Attorney fees and costs. new text end

new text begin In an action brought under subdivision 1, the
court shall order a contractor, subcontractor, or agent who is found to have committed
a violation to pay to the aggrieved party reasonable costs, disbursements, witness fees,
and attorney fees.
new text end

Sec. 45.

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 required by the Occupational Safety and Health Act to safely perform
their jobs.
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 to 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. 46.

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. 47.

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, a medical facility as defined in section 144.561, subdivision
1, paragraph (b), a nursing home as defined in section 144A.01, subdivision 5, an
outpatient clinic, or a physician's office.
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. 48.

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 nonmanagement 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, that satisfies the requirements of this
section 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 plan; 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.
new text end

Sec. 49.

Minnesota Statutes 2006, section 240.06, subdivision 5a, is amended to read:

Subd. 5a.

Additional license; metropolitan area.

new text begin (a) new text end Notwithstanding subdivision
5, the commission may issue one additional class A license within the seven-county
metropolitan area, provided that the additional license may only be issued for a facility:

(1) located more than 20 miles from any other racetrack in existence on January
1, 1987;

(2) containing a track no larger than five-eighths of a mile in circumference;

(3) deleted text begin used exclusively for deleted text end new text begin at which new text end standardbred racing new text begin is the only form of live horse
racing conducted new text end ;

(4) not owned or operated by a governmental entity or a nonprofit organization; and

(5) that has a current road or highway system adequate to facilitate present and
future vehicular traffic expeditiously to and from the facility.

The consideration of clause (5) shall prevail when two competing licensees are
relatively equal regarding other considerations mandated by law or rule.

new text begin (b) new text end An application for an additional class A license within the seven-county
metropolitan area may not delay or adversely affect an application for a class A license for
a facility to be located outside the seven-county metropolitan area.

Sec. 50.

Minnesota Statutes 2006, section 240.06, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Sharing of purse set-aside and breeders fund revenue. new text end

new text begin Notwithstanding
subdivision 5, a class A licensed racetrack operating within the seven-county metropolitan
area may:
new text end

new text begin (1) enter into an agreement with a horsepersons' organization that represents a breed
other than the breed racing at the licensee's racetrack under which the licensee agrees to
pay a percentage of simulcasting or card club revenues to the purse set-aside account of
another class A licensed racetrack operating within the seven-county metropolitan area.
The licensee may only enter into such an agreement with a horsepersons' organization
that represents a breed other than the breed racing at the licensee's racetrack. All amounts
contributed to a class A racetrack under such an agreement must go to purses for races
run at that racetrack; and
new text end

new text begin (2) conduct simulcasting on all breeds of horses if it:
new text end

new text begin (i) enters into an agreement with another class A licensed racetrack within the
seven-county metropolitan area regarding simulcasting of any breed of horses raced at
such other class A licensed racetrack that the class A racetrack elects to simulcast; and
new text end

new text begin (ii) contributes to the purse set-aside account of another class A licensed racetrack
operating within the seven-county metropolitan area, and to the breeders fund, an amount
equal to the amount that would have been contributed to the set-aside account and the
breeders fund, as required by statute, if the simulcast had been conducted at such other
class A licensed racetrack. The percentages used to determine the amount of the simulcast
contribution to the purse set-aside account and the breeders fund will be the percentage
required under law. Contributions to the purse set-aside account shall be used by such
other class A licensed racetrack for purses for races conducted by that racetrack in the
same manner as if the simulcast had occurred at that racetrack.
new text end

Sec. 51.

Minnesota Statutes 2006, section 240.13, subdivision 6, is amended to read:

Subd. 6.

Simulcasting.

(a) The commission may permit an authorized licensee to
conduct simulcasting at the licensee's facility on any day authorized by the commission.
All simulcasts must comply with the Interstate Horse Racing Act of 1978, United States
Code, title 15, sections 3001 to 3007.

(b) The commission may not authorize any day for simulcasting at a class A facility
during the racing season, and a licensee may not be allowed to transmit out-of-state
telecasts of races the licensee conducts, unless the licensee has obtained the approval of
the horsepersons' organization representing the majority of the horsepersons racing the
breed involved at the licensed racetrack during the preceding 12 months. new text begin In the case of
a class A facility licensed under section 240.06, subdivision 5a, the approval applicable
to the first year of the racetrack's operation may be obtained from the horsepersons'
organization that represents the majority of horsepersons who will race the breed involved
at the licensed racetrack during the first year of the racetrack's operation.
new text end

(c) The licensee may pay fees and costs to an entity transmitting a telecast of a
race to the licensee for purposes of conducting pari-mutuel wagering on the race. The
licensee may deduct fees and costs related to the receipt of televised transmissions from a
pari-mutuel pool on the televised race, provided that one-half of any amount recouped in
this manner must be added to the amounts required to be set aside for purses.

(d) With the approval of the commission and subject to the provisions of this
subdivision, a licensee may transmit telecasts of races it conducts, for wagering purposes,
to locations outside the state, and the commission may allow this to be done on a
commingled pool basis.

(e) Except as otherwise provided in this section, simulcasting may be conducted
on a separate pool basis or, with the approval of the commission, on a commingled
pool basis. All provisions of law governing pari-mutuel betting apply to simulcasting
except as otherwise provided in this subdivision or in the commission's rules. If pools
are commingled, wagering at the licensed facility must be on equipment electronically
linked with the equipment at the licensee's class A facility or with the sending racetrack
via the totalizator computer at the licensee's class A facility. Subject to the approval of the
commission, the types of betting, takeout, and distribution of winnings on commingled
pari-mutuel pools are those in effect at the sending racetrack. Breakage for pari-mutuel
pools on a televised race must be calculated in accordance with the law or rules governing
the sending racetrack for these pools, and must be distributed in a manner agreed to
between the licensee and the sending racetrack. Notwithstanding subdivision 7 and
section 240.15, subdivision 5, the commission may approve procedures governing the
definition and disposition of unclaimed tickets that are consistent with the law and rules
governing unclaimed tickets at the sending racetrack. For the purposes of this section,
"sending racetrack" is either the racetrack outside of this state where the horse race is
conducted or, with the consent of the racetrack, an alternative facility that serves as the
racetrack for the purpose of commingling pools.

(f) new text begin Except as otherwise provided in section 240.06, subdivision 5b, paragraph (b),
new text end if there is more than one class B licensee conducting racing within the seven-county
metropolitan area, simulcasting may be conducted only on races run by a breed that ran at
the licensee's class A facility within the 12 months preceding the event.

Sec. 52.

Minnesota Statutes 2006, section 240.135, is amended to read:

240.135 CARD CLUB REVENUE.

(a) From the amounts received from charges authorized under section 240.30,
subdivision 4, the licensee shall set aside the amounts specified in this section to be
used for purse payments. These amounts are in addition to the breeders fund and purse
requirements set forth elsewhere in this chapter.

(1) For amounts between zero and $6,000,000, the licensee shall set aside ten
percent to be used as purses.

(2) For amounts in excess of $6,000,000, the licensee shall set aside 14 percent to
be used as purses.

(b) From all amounts set aside under paragraph (a), the licensee shall set aside ten
percent to be deposited in the breeders fund.

new text begin (c) new text end The licensee and the horseperson's organization representing the majority of
horsepersons who have raced at the racetrack during the preceding 12 months new text begin , or, in the
case of a racetrack licensed under section 240.06, subdivision 5a, will race at the race
during the first year of the racetrack's operation, new text end may negotiate percentages different
from those stated in this section if the agreement is in writing and filed with the Racing
Commission.

deleted text begin (c) deleted text end new text begin (d) new text end It is the intent of the legislature that the proceeds of the card playing activities
authorized by this chapter be used to improve the horse racing industry by improving
purses. The commission shall annually review the financial details of card playing
activities and determine if the present use of card playing proceeds is consistent with the
policy established by this paragraph. If the commission determines that the use of the
proceeds does not comply with the policy set forth herein, then the commission shall direct
the parties to make the changes necessary to ensure compliance. If these changes require
legislation, the commission shall make the appropriate recommendations to the legislature.

Sec. 53.

Minnesota Statutes 2006, section 240.30, subdivision 5, is amended to read:

Subd. 5.

Limitation.

new text begin (a) Except as provided in paragraph (b), new text end the commission
shall not authorize a licensee to operate a card club unless the licensee has conducted at
least 50 days of live racing at a class A facility within the past 12 months or during the
preceding calendar year.

new text begin (b) In the case of a racetrack licensed under section 240.06, subdivision 5a, during
the first 12 months of the racetrack's operation, the commission may authorize the licensee
to operate a card club when the licensee has been assigned dates by the commission for at
least 50 days of live racing during those 12 months.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 54.

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. 55.

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. 56.

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. 57.

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. 58.

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. 59.

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 that 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. 60.

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 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. 61.

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. 62.

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.

new text begin Subd. 11a. new text end

new text begin Negotiated fee. new text end

new text begin When the fee calculated in accordance with subdivisions
2 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
new text end

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.

Sec. 63.

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 11 voting
members who must be residents of the state, appointed by the governor, and confirmed
by the senate. The commissioner of labor and industry or the commissioner's designee
shall be a voting member. The first appointed board members shall serve an initial term
of four years, except where designated otherwise. The governor shall then reappoint the
current members or appoint replacement members, all or in part, to subsequent three-year
terms. 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. 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;
new text end

new text begin (2) one member shall be a licensed mechanical engineer, who shall be a nonvoting
member;
new text end

new text begin (3) two members serving an initial term of three years shall be plumbing contractors
or the representative of the contractor, engaged in a commercial scope of plumbing
contracting, one from the metropolitan area and one from greater Minnesota;
new text end

new text begin (4) two members serving an initial term of three years shall be plumbing contractors
or their representatives, engaged in the residential scope of plumbing contracting, one
from the metropolitan area and one from greater Minnesota;
new text end

new text begin (5) two members serving an initial term of two years shall be plumbing
journeypersons engaged in a commercial scope of plumbing systems installation, one from
the metropolitan area and one from greater Minnesota; and
new text end

new text begin (6) two members serving an initial term of two years shall be plumbing
journeypersons engaged in a residential scope of plumbing systems installation, one from
the metropolitan area and one from greater Minnesota.
new text end

new text begin (b) Except for the licensed mechanical engineer, all persons appointed to the board
must possess a current Minnesota plumbing license and maintain the license for the
duration of their terms.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

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

new text begin (1) elect its own officers;
new text end

new text begin (2) specify the plumbing code that must be followed in this state;
new text end

new text begin (3) maintain a review process to make determinations regarding any complaints,
code amendments, code compliance, and code clarifications filed with the board;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, apprentices, and other persons engaged in the design, installation,
alteration, and inspection of plumbing systems that would include the issuing, renewing,
revoking, refusing to renew, and suspending a plumbing license;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section; and
new text end

new text begin (6) pay expenses deemed necessary in the performance of board duties, including
rent, utilities, and supplies in the manner and amount specified in section 43A.18,
subdivision 2.
new text end

new text begin (b) Requests under the review process in paragraph (a), clause (3), may originate
with the municipal inspectors, the plumbing contractors or their employees, and other
persons engaged in the design, installation, and alteration of plumbing systems. The board
shall make their findings known to all parties and the commissioner of labor and industry
within the time period specified by the board.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances. new text end

new text begin The board shall submit an annual budget to the
commissioner of labor and industry. The commissioner shall collect fees necessary for
the operation and continuance of the board. The commissioner is responsible for the
enforcement of the codes and licensing requirements determined by the board. The board
shall set the fees for licenses and certification under this section. Fees collected under
section 326.42 shall be transferred to the board quarterly to meet the ongoing operation
needs of the board.
new text end

Sec. 64.

Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:

Subd. 6.

Filing and inspection fees.

The Department of Labor and Industry
must charge a filing fee set by the deleted text begin commissioner deleted text end new text begin board new text end under section 16A.1285 for all
applications for permits to construct or install high pressure piping systems. The fee for
inspection of high pressure piping system construction or installation shall be set by the
deleted text begin commissioner deleted text end new text begin board new text end under section 16A.1285. This subdivision does not apply where a
permit is issued by a municipality complying with subdivision 2.

Sec. 65.

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 who must be residents of the state, appointed by the governor, and
confirmed by the senate. The commissioner of the Department of Labor and Industry or
the commissioner's designee shall be a voting member. The first appointed board members
shall serve an initial term of four years, except where designated otherwise. The governor
shall then reappoint the current members or appoint replacement members, all or in part, to
subsequent three-year terms. 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. 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 mechanical engineer, who shall be a nonvoting
member;
new text end

new text begin (3) one member shall be a representative of the piping industry;
new text end

new text begin (4) four members shall be high pressure piping contractors or their representatives,
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 journeypersons 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 from utility companies in Minnesota
who shall serve an initial term of two years.
new text end

new text begin (b) Except for the licensed mechanical engineer and the members from utilities
companies, all persons appointed to the board must possess a current license or
competency credential required for contractors and persons engaged in the design,
installation, alteration, and inspection of high pressure systems.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

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

new text begin (1) elect its own officers;
new text end

new text begin (2) specify the high pressure piping code that must be followed in Minnesota;
new text end

new text begin (3) maintain an appeals committee to make determinations regarding any complaints,
code amendments, code compliance, and code clarifications filed with the board;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, trainees, and other persons engaged in the design, installation, alteration,
and inspection of high pressure piping systems;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section; and
new text end

new text begin (6) pay expenses deemed necessary in the performance of board duties, including
rent, utilities, and supplies in the manner and amount specified in section 43A.18,
subdivision 2.
new text end

new text begin (b) Complaints filed under this section may originate with high pressure piping
inspectors, contractors, or their employees, or other persons engaged in the design,
installation, and alteration of a high pressure piping system. The board shall make their
findings known to all parties and the commissioner of the Department of Labor and
Industry within the time period specified by the board.
new text end

new text begin Subd. 3. new text end

new text begin Fee and finances. new text end

new text begin The board shall submit an annual budget to the
commissioner of the Department of Labor and Industry. The commissioner shall collect
fees necessary for the operation and continuance of the board. The commissioner is
responsible for the enforcement of the codes and licensing requirements determined by the
board. The board shall set the fees for licenses and certification under this section and for
all high pressure piping system permits and submit the fee structure to the commissioner
of labor and industry. Funds collected under section 326.50 shall be transferred to the
board quarterly to meet ongoing budgetary needs of the board.
new text end

Sec. 66.

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 Commerce 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. 67.

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. 68.

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); 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. 69.

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 Criminal penalty. new text end

new text begin It shall be unlawful for any person or the agent of any
person to knowingly file with the commissioner any application, notice, statement, or other
document required under the provisions of this section that is false or untrue or contains
any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
new text end

new text begin Subd. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 16 are effective July 1, 2007.
new text end

Sec. 70.

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. 71.

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. 72.

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. 73.

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. 74.

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 shall 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 shall 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. 75.

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. 76. new text begin HARNESS RACETRACK STUDY.
new text end

new text begin The commissioner of employment and economic development shall analyze the
economic impact of a harness racetrack and card club in the city of Columbus. The
analysis should include the financial impact if the current law requirement of 50 days of
racing was waived and if all-breed simulcasting was allowed. The study may incorporate
any previous studies or analyses that may have been conducted on the harness racetrack
and card club in the city of Columbus. By January 4, 2008, the commissioner shall present
a report to the senate and house of representatives committees that have jurisdiction over
economic development finance.
new text end

Sec. 77. new text begin STUDY.
new text end

new text begin The commissioner of labor and industry shall study ways to require workers'
compensation insurers to recognize compliance with section 3 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

Sec. 78. new text begin SECURITY FILING FEES.
new text end

new text begin The commissioner of commerce must not refund any fee collected under Minnesota
Statutes, section 80A.28, subdivision 1, paragraph (c), beginning with fiscal year 2007.
new text end

Sec. 79. 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, subdivision 3; 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

Sec. 80. 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