Minnesota Legislature
SF 2089
3rd Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money for jobs, economic
1.3development, and housing; establishing and modifying certain programs;
1.4providing for regulation of certain activities and practices; providing for
1.5accounts, assessments, and fees; providing penalties;amending Minnesota
1.6Statutes 2006, sections 116J.401, by adding a subdivision; 116J.551, subdivision
1.71; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions
1.81, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04,
1.9subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116L.666,
1.10subdivision 1; 116M.18, subdivision 6a; 177.27, subdivisions 1, 4, 5, 8, 9, 10,
1.11by adding a subdivision; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3,
1.124, 6, by adding a subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041,
1.13subdivision 1; 179A.04, subdivision 3; 181.78, by adding a subdivision; 181.932,
1.14subdivision 1; 181.935; 182.65, subdivision 2; 190.096; 268.085, subdivision
1.153; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding a
1.16subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 298.22,
1.17subdivision 2; 298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.241,
1.18subdivisions 1, 2; 326.242, subdivisions 3d, 5, 11, by adding a subdivision;
1.19326.37, subdivision 1, by adding a subdivision; 326.38; 326.40, subdivision 1;
1.20326.401, subdivision 2; 326.405; 326.42, subdivision 1; 326.46; 326.461, by
1.21adding a subdivision; 326.47, subdivisions 2, 6; 326.48, subdivisions 1, 2, by
1.22adding a subdivision; 326.50; 326.51; 326.52; 341.28, subdivision 2, by adding a
1.23subdivision; 341.32, subdivision 2; 341.321; 462.39, by adding a subdivision;
1.24462A.21, subdivision 8b; 462A.33, subdivision 3; 469.021; proposing coding
1.25for new law in Minnesota Statutes, chapters 116J; 116O; 135A; 154; 177; 179;
1.26181; 181A; 182; 325E; 326; repealing Minnesota Statutes 2006, sections 16C.18,
1.27subdivision 2; 176.042; 268.035, subdivision 9; 326.01, subdivision 4; 326.242,
1.28subdivision 4; 326.45.
1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1 The amounts shown in this section summarize direct appropriations, by fund, made
2.2in this act.
2.14 Section 1. SUMMARY OF APPROPRIATIONS.
2.24 The sums shown in the columns marked "Appropriations" are appropriated to the
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26general fund, or another named fund, and are available for the fiscal years indicated
2.27for each purpose. The figures "2008" and "2009" used in this article mean that the
2.28appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.29June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.30year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.31year ending June 30, 2007, are effective the day following final enactment.
3.10The amounts that may be spent for each
3.11purpose are specified in the following
3.12subdivisions.
3.18(a)(1) $1,100,000 is for a grant under
3.19Minnesota Statutes, section 116J.421,
3.20to the Rural Policy and Development
3.21Center at St. Peter, Minnesota. The grant
3.22shall be used for research and policy
3.23analysis on emerging economic and social
3.24issues in rural Minnesota, to serve as a
3.25policy resource center for rural Minnesota
3.26communities, to encourage collaboration
3.27across higher education institutions, to
3.28provide interdisciplinary team approaches
3.29to research and problem-solving in rural
3.30communities, and to administer overall
3.31operations of the center.
3.32(2) The grant shall be provided upon the
3.33condition that each state-appropriated
3.34dollar be matched with a nonstate dollar.
3.35Acceptable matching funds are nonstate
3.36contributions that the center has received and
4.1have not been used to match previous state
4.2grants. Any funds not spent the first year are
4.3available the second year.
4.4(b) $200,000 each year is for a grant to
4.5WomenVenture for women's business
4.6development programs.
4.7(c) $500,000 the first year is for a grant to
4.8University Enterprise Laboratories (UEL)
4.9for its direct and indirect expenses to support
4.10efforts to encourage the growth of early-stage
4.11and emerging bioscience companies. UEL
4.12must provide a report by June 30 each year
4.13to the commissioner on the expenditures
4.14until the appropriation is expended. This is a
4.15onetime appropriation and is available until
4.16expended.
4.17(d) $2,180,000 the first year is for grants
4.18under Minnesota Statutes, section 116J.571,
4.19for the redevelopment grant program. This is
4.20a onetime appropriation.
4.21(e) $100,000 each year is to the Public
4.22Facilities Authority for the small community
4.23wastewater treatment program under
4.24Minnesota Statutes, chapter 446A.
4.25(f) $510,000 the first year is for the urban
4.26initiative program under Minnesota Statutes,
4.27chapter 116M, of which, $255,000 is for
4.28a grant to the Metropolitan Economic
4.29Development Association for continuing
4.30minority business development programs
4.31in the metropolitan area. This is a onetime
4.32appropriation.
4.33(g) $85,000 each year is for a grant to the
4.34Minnesota Inventors Congress, of which
4.35$10,000 must be used for youth inventors.
5.1(h) $151,000 the first year is for a grant to the
5.2city of Faribault to design, construct, furnish,
5.3and equip renovations to accommodate
5.4handicapped accessibility at the Paradise
5.5Center for the Arts.
5.6(i) $3,000,000 the first year is for loans
5.7authorized under Minnesota Statutes, section
5.8116J.417. This appropriation is available
5.9until expended.
5.10(j) $1,000,000 each year is to Minnesota
5.11Technology, Inc. for the small business
5.12growth acceleration program established
5.13under Minnesota Statutes, section116O.115 .
5.14This is a onetime appropriation.
5.15(k) $350,000 the first year is for a grant to
5.16the city of Northome for the construction
5.17of a new municipal building to replace the
5.18structures damaged by fire on July 22, 2006.
5.19This appropriation is available when the
5.20commissioner determines that a sufficient
5.21match is available from nonstate sources to
5.22complete the project.
5.23(l) $325,000 each year is for a technology
5.24and commercialization unit established
5.25under article 3, section 33. This is a onetime
5.26appropriation.
5.27(m) $500,000 in the first year is for a
5.28grant to the city of Worthington for an
5.29agricultural-based bioscience training and
5.30testing center. Funds appropriated under this
5.31section must be used to provide a training
5.32and testing facility for incubator firms
5.33developing new agricultural processes and
5.34products. This is a onetime appropriation
5.35and is available until expended.
6.1(n) $2,200,000 in the first year is for a grant
6.2to BioBusiness Alliance of Minnesota for
6.3bioscience business development programs
6.4to promote and position the state as a global
6.5leader in bioscience business activities.
6.6These funds may be used for:
6.7(1) completion and periodic updating of
6.8a statewide bioscience business industry
6.9assessment of business technology
6.10enterprises and Minnesota's competitive
6.11position employing annual updates to federal
6.12industry classification data;
6.13(2) long-term strategic planning that includes
6.14projections of market changes resulting
6.15from developments in biotechnology and the
6.16development of 20-year goals, strategies, and
6.17identified objectives for renewable energy,
6.18medical devices, biopharma, and biologics
6.19business development in Minnesota;
6.20(3) the design and construction of a
6.21Minnesota focused bioscience business
6.22model to test competing strategies and
6.23scenarios, evaluate options, and forecast
6.24outcomes; and
6.25(4) creation of a bioscience business
6.26resources network that includes development
6.27of a statewide bioscience business economic
6.28development framework to encourage
6.29bioscience business development and
6.30encourage spin-off activities, attract
6.31bioscience business location or expansion in
6.32Minnesota, and establish a local capability to
6.33support strategic system level planning for
6.34industry, government, and academia.
7.1This appropriation is available until June 30,
7.22009.
7.3(o) $325,000 is for a grant to the Walker
7.4Area Community Center, Inc., to construct,
7.5furnish, and equip the Walker Area
7.6Community Center. This appropriation is
7.7not available until the commissioner has
7.8determined that an amount sufficient to
7.9complete the project has been committed
7.10from nonstate sources.
7.11(p) $120,000 the first year is for a grant
7.12to the Pine Island Economic Development
7.13Authority for predesign to upgrade and
7.14extend utilities to serve Elk Run Bioscience
7.15Research Park and The Falls - Healthy
7.16Living By Nature, an integrated medicine
7.17facility. This is a onetime appropriation and
7.18is available until expended.
7.19(q) $300,000 the first year is for a grant
7.20to Thomson Township for infrastructure
7.21improvements for the industrial park. This is
7.22a onetime appropriation.
7.23(r) $75,000 the first year for a grant to
7.24Le Sueur County for the cost of cleaning
7.25debris from lakes in Le Sueur County,
7.26caused by the August 24, 2006, tornado in
7.27southern Le Sueur County. This is a onetime
7.28appropriation.
7.29(s) $3,000,000 the second year is for
7.30bioscience business development and
7.31commercialization grants. The commissioner
7.32shall designate an evaluation team to accept
7.33grant applications, review and evaluate
7.34grant proposals, and select up to five grant
7.35proposals to receive funding each year.
8.1The evaluation team shall be comprised
8.2of not more than 12 members including:
8.3the commissioner or the commissioner's
8.4designee; representatives of bioscience
8.5businesses; public and private institutions
8.6of higher education; private investment
8.7companies; a nonprofit entity that qualifies as
8.8a 501(c)6 under the Internal Revenue Code
8.9and is a trade association representing the
8.10life sciences industry; and a bio business
8.11alliance that qualifies as a 501(c)3 under the
8.12Internal Revenue Code. The criteria used
8.13by the evaluation team in evaluating grant
8.14proposals must include, but is not limited
8.15to: the potential to create and sustain jobs
8.16within the state of Minnesota; the potential
8.17for long-term business activity, growth,
8.18and expansion in Minnesota; the level of
8.19technological maturity; the potential to attract
8.20private investment; and the availability and
8.21readiness of markets. The commissioner
8.22must report to the standing committees of
8.23the house of representatives and the senate
8.24having jurisdiction over bioscience and
8.25technology issues by February 1 each year
8.26on the number, type, and amounts of grants
8.27awarded and the activities of the grant
8.28recipients. This is a onetime appropriation
8.29and is available until expended.
8.30(t) $1,500,000 the first year is for the urban
8.31challenge grant program under Minnesota
8.32Statutes, section 116M.18, of which
8.33$1,000,000 is for a grant to the Neighborhood
8.34Development Center for assistance necessary
8.35to retain minority business enterprises
9.1at the Global Market. This is a onetime
9.2appropriation.
9.3(u) $375,000 each year is to develop and
9.4operate a bioscience business marketing
9.5program to market Minneota bioscience
9.6businesses and business opportunities
9.7to other states and other countries. The
9.8bioscience business marketing program must
9.9emphasize bioscience business location and
9.10expansion opportunities in communities
9.11outside of the seven-county metropolitan
9.12area as defined in Minnesota Statutes,
9.13section 473.121, subdivision 2, that have
9.14established collaborative plans among two
9.15or more municipal units for bioscience
9.16business activities, and that are within 15
9.17miles of a four-year, baccalaureate degree
9.18granting institution or a two-year technical
9.19or community college that offers bioscience
9.20curricula. The commissioner must report
9.21to the committees of the senate and house
9.22of representatives having jurisdiction
9.23over bioscience and technology issues by
9.24February 1 of each year on the expenditures
9.25of these funds and the promotional activities
9.26undertaken to market the Minnesota
9.27bioscience industry to persons outside of the
9.28state. This is a onetime appropriation and is
9.29available until expended.
9.30(v) $225,000 each year is for the purposes
9.31of the nanotechnology development fund
9.32program (NDF) established in section 12, for
9.33grants to promote increased use of advanced
9.34instrumentation for nanomaterials analysis,
9.35to be awarded on a one-to-one matching basis
10.1to qualifying Minnesota small businesses.
10.2This is a onetime appropriation.
10.3(w) $50,000 the first year is for a contract
10.4with a public higher education institution
10.5in Minnesota jointly entered into with the
10.6Center for Rural Development to study the
10.7needs of the renewable energy economy for
10.8trained employees and the training required
10.9for those employees. The study must include
10.10extensive consultation and involvement of
10.11representatives of the renewable energy
10.12industry, environmental interests, labor, the
10.13University of Minnesota, and the Minnesota
10.14State Colleges and Universities. The
10.15commissioner shall report the results of the
10.16study to the chairs of the finance divisions
10.17of the legislature with jurisdiction over
10.18economic development, energy, and higher
10.19education by November 1, 2007. This is a
10.20onetime appropriation.
10.21(x) $25,000,000 is for the Minnesota
10.22minerals 21st century fund created in
10.23Minnesota Statutes, section 116J.423,
10.24to restore the money unallotted by the
10.25commissioner of finance in 2003 pursuant
10.26to Minnesota Statutes, section 16A.152.
10.27This appropriation may be used as provided
10.28in Minnesota Statutes, section 116J.423,
10.29subdivision 2. This appropriation is available
10.30until expended.
10.31(y) $900,000 each year is for a grant to the
10.32city of St. Paul to be used to pay debt service
10.33on bond obligations issued by the city of St.
10.34Paul in 1996 for the convention center.
11.1(z) $189,000 each year is appropriated from
11.2the general fund to the commissioner of
11.3employment and economic development for
11.4grants of $63,000 to eligible organizations
11.5each year and for the purposes of this
11.6paragraph. Each state grant dollar must be
11.7matched with $1 of nonstate funds. Any
11.8balance in the first year does not cancel but is
11.9available in the second year.
11.10The commissioner of employment and
11.11economic development must make grants to
11.12organizations to assist in the development
11.13of entrepreneurs and small businesses.
11.14Three grants must be awarded to continue
11.15or to develop a program. One grant must
11.16be awarded to the Riverbend Center for
11.17Entrepreneurial Facilitation in Blue Earth
11.18County, and two to other organizations
11.19serving Faribault and Martin Counties. Grant
11.20recipients must report to the commissioner
11.21by February 1 of each year that the
11.22organization receives a grant with the
11.23number of customers served; the number of
11.24businesses started, stabilized, or expanded;
11.25the number of jobs created and retained; and
11.26business success rates. The commissioner
11.27must report to the house of representatives
11.28and senate committees with jurisdiction
11.29over economic development finance on the
11.30effectiveness of these programs for assisting
11.31in the development of entrepreneurs and
11.32small businesses.
11.33(aa) $10,000 for the biennium is to the
11.34commissioner of employment and economic
11.35development for the Minnesota investment
11.36fund. This grant is not subject to grant
12.1limitations under section 116J.8731,
12.2subdivision 5.
12.8(a) $6,785,000 each year is for the Minnesota
12.9job skills partnership program under
12.10Minnesota Statutes, sections 116L.01 to
12.11116L.17. If the appropriation for either
12.12year is insufficient, the appropriation for the
12.13other year is available. This appropriation is
12.14available until spent.
12.15(b) $305,000 each year is for a grant under
12.16Minnesota Statutes, section 116J.8747, to
12.17Twin Cities RISE! to provide training to
12.18hard-to-train individuals.
12.19(c) $1,375,000 each year is from
12.20the workforce development fund for
12.21Opportunities Industrialization Center
12.22programs.
12.23(d) $5,864,000 each year is from the general
12.24fund and $6,920,000 each year is from the
12.25workforce development fund for extended
12.26employment services for persons with
12.27severe disabilities or related conditions under
12.28Minnesota Statutes, section 268A.15. Of this,
12.29$125,000 each year and in the base for fiscal
12.30years 2010 and 2011 is to supplement funds
12.31paid for wage incentive for the community
12.32support fund established in Minnesota Rules,
12.33part 3300.2045.
12.34(e) $1,900,000 each year is for grants for
12.35programs that provide employment support
13.1services to persons with mental illness under
13.2Minnesota Statutes, sections 268A.13 and
13.3268A.14. Up to $77,000 each year may be
13.4used for administrative and salary expenses.
13.5(f) $2,190,000 each year is for grants under
13.6Minnesota Statutes, section 268A.11, for the
13.7eight centers for independent living. Money
13.8not expended the first year is available the
13.9second year.
13.10(g) $5,940,000 each year is for State Services
13.11for the Blind activities.
13.12(h) $150,000 each year is from the general
13.13fund and $175,000 each year is from the
13.14workforce development fund for grants under
13.15Minnesota Statutes, section 268A.03, to Rise,
13.16Inc. for the Minnesota Employment Center
13.17for People Who are Deaf or Hard-of-Hearing.
13.18Money not expended the first year is
13.19available the second year.
13.20(i) $9,021,000 each year from the general
13.21fund is for the vocational rehabilitation
13.22program and $325,000 each year from
13.23the workforce development fund is for
13.24interpreters for a regional transition program
13.25specializing in culturally appropriate
13.26transition services leading to employment
13.27for deaf, hard-of-hearing, and deaf-blind
13.28students.
13.29(j) $150,000 each year is for a grant to
13.30Advocating Change Together for training,
13.31technical assistance, and resource materials
13.32to persons with developmental and mental
13.33illness disabilities.
13.34(k) $300,000 each year for a grant to
13.35Lifetrack Resources for its immigrant/refugee
14.1collaborative programs, including those
14.2related to job-seeking skills and workplace
14.3orientation, intensive job development,
14.4functional work English, and on-site job
14.5coaching. $50,000 of this amount is for a
14.6pilot Lifetrack project in Rochester.
14.7(l) $1,075,000 each year is for the youthbuild
14.8program under Minnesota Statutes, sections
14.9116L.361 to 116L.366.
14.10(m) $1,350,000 each year is from the
14.11workforce development fund for grants
14.12to fund summer youth employment in
14.13Minneapolis. The grants shall be used to
14.14fund up to 500 jobs for youth each summer.
14.15Of this appropriation, $350,000 each year is
14.16for a grant to the learn-to-earn summer youth
14.17employment program. The commissioner
14.18shall establish criteria for awarding the
14.19grants. This appropriation is available in
14.20either year of the biennium and is available
14.21until spent.
14.22(n) $50,000 each year is for a grant
14.23to Northern Connections in Perham to
14.24implement and operate a pilot workforce
14.25program that provides one-stop supportive
14.26services to assist individuals as they transition
14.27into the workforce. This appropriation is
14.28available to the extent it is matched by $1 of
14.29nonstate money for each $1 of state money.
14.30(o) $100,000 each year is for a grant to
14.31Ramsey County Workforce Investment Board
14.32for the development of the building lives
14.33program. This is a onetime appropriation.
14.34(p) $300,000 each year is for a grant to the
14.35Hennepin-Carver Workforce Investment
15.1Board (WIB) to coordinate with the Partners
15.2for Progress Regional Skills Consortium
15.3to provide employment and training as
15.4demonstrated by the Twin Cities regional
15.5health care training partnership project.
15.6(q) $160,000 the first year is for a grant
15.7to Workforce Development, Inc., for a
15.8pilot project to provide demand-driven
15.9employment and training services to
15.10welfare recipients and other economically
15.11disadvantaged populations in Mower,
15.12Freeborn, Dodge, and Steele Counties. This
15.13is a onetime appropriation.
15.14(r) $200,000 each year is for a grant to
15.15HIRED to operate its industry sector training
15.16initiatives, which provide employee training
15.17developed in collaboration with employers in
15.18specific, high-demand industries. This is a
15.19onetime appropriation.
15.20(s) $200,000 the first year is for a grant
15.21to a nonprofit organization. The nonprofit
15.22organization must work on behalf of all
15.23licensed vendors to coordinate their efforts
15.24to respond to solicitations or other requests
15.25from private and governmental units as
15.26defined in Minnesota Statutes, section
15.27471.59, subdivision 1, in order to increase
15.28employment opportunities for persons with
15.29disabilities.
15.30(t) $3,500,000 each year from the workforce
15.31development fund is for the Minnesota youth
15.32program under Minnesota Statutes, section
15.33116L.56 and 116L.561.
15.34(u) $500,000 each year from the workforce
15.35development fund is for a grant to the
16.1Minnesota Alliance of Boys and Girls
16.2Clubs to administer a statewide project
16.3of youth job skills development. This
16.4project, which may have career guidance
16.5components, including health and life skills,
16.6is to encourage, train, and assist youth in
16.7job-seeking skills, workplace orientation,
16.8and job site knowledge through coaching.
16.9This grant requires a 25 percent match from
16.10nonstate resources.
16.11(v) $350,000 in each year from the workforce
16.12development fund is for a grant to Ramsey
16.13County for a summer youth employment
16.14program to place at-risk youth, ages 14 to 21,
16.15in subsidized summer employment.
16.16(w) $10,000 the first year is for a study on
16.17ways to promote employment opportunities
16.18for minorities, with a particular focus on
16.19opportunities for American blacks, in the
16.20state of Minnesota. The study should focus
16.21on how to significantly expand the job
16.22training available to minorities and promote
16.23substantial increases in the wages paid to
16.24minorities, at least to a rate well above living
16.25wage, and within several years, to equality.
16.26The commissioner must report on the study
16.27to the governor and the chair of the finance
16.28committee in each house of the legislature
16.29that has jurisdiction over employment by
16.30January 15, 2008, with recommendations for
16.31implementing the findings.
16.32The commissioner must provide funding
16.33for the Minnesota Conservation Corps to
16.34provide learning stipends for deaf students
17.1and wages for interpreters participating in
17.2the MCC summer youth program.
17.4The first $1,450,000 deposited in each
17.5year of the biennium and in each year of
17.6subsequent bienniums into the contingent
17.7account created under Minnesota Statutes,
17.8section 268.196, subdivision 3, shall be
17.9transferred by June 30 of each fiscal year
17.10to the workforce development fund created
17.11under Minnesota Statutes, section 116L.20.
17.12Deposits in excess of $1,450,000 shall be
17.13transferred by June 30 of each fiscal year to
17.14the general fund.
17.27The amounts that may be spent for each
17.28purpose are specified in the following
17.29subdivisions.
17.31This appropriation is from the workers'
17.32compensation fund.
17.33$200,000 each year is for grants to the
17.34Vinland Center for rehabilitation services.
18.1$5,292,000 the first year and $5,388,000
18.2the second year are from the workers'
18.3compensation fund. $1,877,000 the first year
18.4and $1,925,000 the second year are from the
18.5state government special revenue fund.
18.6$1,000,000 each year is from the workers'
18.7compensation fund for patient safe handling
18.8grants under Minnesota Statutes, section
18.9182.6553.
18.10$100,000 each year is from the workers'
18.11compensation fund for the operation of
18.12the meatpacking industry workers' rights
18.13ombudsman under Minnesota Statutes,
18.14section 179.87.
18.20The appropriation from the workforce
18.21development fund is for the apprenticeship
18.22program under Minnesota Statutes, chapter
18.23178, and includes $100,000 each year for
18.24labor education and advancement program
18.25grants.
18.26$360,000 the first year and $300,000 the
18.27second year from the general fund are for
18.28prevailing wage enforcement of which
18.29$60,000 in the first year is for outreach and
18.30survey participation improvements.
18.31$800,000 the first year and $1,200,000 the
18.32second year from the general fund are for the
18.33independent contractor certification under
18.34Minnesota Statutes, section 181.723.
19.1This appropriation is from the workers'
19.2compensation fund.
19.6The amounts that may be spent for each
19.7purpose are specified in the following
19.8subdivisions.
19.12$150,000 each year is for grants to area labor
19.13management committees. Grants may be
19.14awarded for a 12-month period beginning
19.15July 1 each year. Any unencumbered balance
19.16remaining at the end of the first year does not
19.17cancel but is available for the second year.
19.20This appropriation is from the workers'
19.21compensation fund.
19.30To transition the commission to being a
19.31self-funded entity.
20.1 Sec. 11. BIOSCIENCE ZONES DESIGNATION.
20.2 The commissioner of employment and economic development must establish a
20.3criteria for expanding the zones. The criteria must limit designating a new zone to a
20.4community that has adequate resources and infrastructure to support bioindustry, including
20.5postsecondary institutions, strong health care systems, and existing bioscience companies.
20.6It must also require that a new zone be located on a transportation corridor.
20.7 Sec. 12. NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM.
20.8 Subdivision 1. Program established; purpose. The nanotechnology
20.9development fund program (NDF) is established to develop a collaborative economic
20.10development initiative between the state of Minnesota, the private sector, and multiple
20.11academic institutions to promote by small businesses an increased use of advanced
20.12nanoinstrumentation for characterization, fabrication, and other related processes;
20.13provide research consulting by knowledgeable specialists; and provide student internship
20.14opportunities to increase nanotechnology experience by working with small, medium, or
20.15large Minnesota companies. The NDF program shall be administered by the Department
20.16of Employment and Economic Development and is not a state agency.
20.17 Subd. 2. Definition; qualifying Minnesota small business. "Qualifying Minnesota
20.18small business" means:
20.19 (1) a Minnesota small business corporation, sole proprietorship, or partnership that
20.20has fewer than 50 employees; or
20.21 (2) a Minnesota business corporation, sole proprietorship, or partnership that:
20.22 (i) has 51 to 100 employees; and
20.23 (ii) demonstrates current financial adversity or risk or a major prospect of aiding
20.24the business's long-term outlook by significant use of nanotechnology in the business's
20.25offerings.
20.26 Subd. 3. Grants. The commissioner shall extend onetime matching grants from the
20.27NDF to qualifying Minnesota small businesses located throughout the state to:
20.28 (1) add nanotechnology applications to products that are being developed by
20.29Minnesota small businesses to enhance distinctiveness;
20.30 (2) promote the depth, breadth, and value of technologies being developed by
20.31Minnesota businesses with the aid of nanotechnology;
20.32 (3) encourage more frequent use of nanoinstrumentation to speed businesses' product
20.33time-to-market, with higher incidence of distinct product characteristics;
20.34 (4) provide Minnesota small businesses with broader access to experienced research
20.35consultants; and
21.1 (5) increase the number of researchers experienced in working with
21.2nanoinstrumentation.
21.3 Subd. 4. Grant application and award procedure. (a) The commissioner may
21.4give priority to applicants:
21.5 (1) whose intellectual property would benefit from utilization of nanoinstrumentation
21.6not possessed in-house;
21.7 (2) who are currently utilizing nanoinstrumentation either at the University of
21.8Minnesota or a private sector location on a leased, hourly basis; and
21.9 (3) who wish to increase their access to experienced research consultants.
21.10 (b) The commissioner shall decide whether to award a grant to an eligible applicant
21.11based on:
21.12 (1) the applicant's planned frequency of usage of nanoinstrumentation for
21.13characterization, fabrication, and other related processes; and
21.14 (2) the applicant's demonstration of rental of nanoinstrumentation, in the form
21.15of a signed affidavit from a certified facility to confirm the one-to-one private sector
21.16investment has been met.
21.17 (c) A grant made under this section must:
21.18 (1) include verification of matching rental fees or internship stipends paid by the
21.19grantee; and
21.20 (2) be for a total amount paid to each grantee of not less than $500 nor more than
21.21$20,000 within the biennium.
21.22 Subd. 5. Administration. The commissioner of employment and economic
21.23development must develop and maintain a record-keeping system that specifies how
21.24funds from the NDF are applied for and distributed. Businesses receiving grants
21.25from the NDF must provide contact information, the date and time of the use of the
21.26nanoinstrumentation, proof of their matching contribution to meet the rental costs or
21.27provide an internship's stipend, and a general statement of the expected outcome from
21.28the use of the nanoinstrumentation, to the extent documentation can be made without
21.29divulging proprietary information.
21.30 Subd. 6. Gifts and donations. Gifts and donations, including land or interests in
21.31land, may be made to NDF. Noncash gifts and donations must be disposed of for cash
21.32as soon as the commissioner of employment and economic development can prudently
21.33maximize the value of the gift or donation.
21.34 Subd. 7. Report to legislature. By June 30 of each odd-numbered year, the
21.35commissioner of employment and economic development must submit a report to the
21.36legislature with statistics about the use of the NDF.
22.1 Sec. 13. WORK GROUP.
22.2 The commissioner of employment and economic development shall convene a work
22.3group to evaluate the impact of the money appropriated for wage incentives and how the
22.4wage incentive program works. The work group is to make recommendations to the
22.5legislature by January 15, 2008.
22.8 Section 1. Minnesota Statutes 2006, section 116J.401, is amended by adding a
22.9subdivision to read:
22.10 Subd. 4. Use of funds for unemployed worker assistance. Payment of employee
22.11compensation costs from the Wagner-Peyser Act referenced in subdivision 1, clause
22.12(8), must be used to provide direct benefit to unemployed and underemployed workers
22.13through the state's workforce centers. At least 75 percent of the employee compensation
22.14paid from Wagner-Peyser funds must be used for employees at workforce centers who
22.15provide direct assistance to unemployed and underemployed workers and no more than
22.1625 percent may be used for providing hiring and human resource services for employers.
22.17The funds under this section may be used to establish an internet based labor exchange
22.18system. By July 1 of each year, the commissioner must submit a report to the committees
22.19of the legislature responsible for oversight of unemployment insurance with details on
22.20the use of Wagner-Peyser funds, including the number of employee positions funded, the
22.21location of the employees, and the use of funds for internet labor exchange system and
22.22other business assistance.
22.23 Sec. 2. [116J.417] GREATER MINNESOTA BUSINESS DEVELOPMENT
22.24INVESTMENT FUND.
22.25 Subdivision 1. Eligible organization. For the purposes of this section, "eligible
22.26organization" means an organization established pursuant to section 116J.415 which
22.27provides business financing to greater Minnesota businesses.
22.28 Subd. 2. Investment fund establishment. The commissioner shall establish an
22.29investment fund from which fund investments can be made in eligible organizations. The
22.30funds repaid by the eligible organizations are to be returned to the fund for subsequent
22.31reinvestment in eligible organizations.
22.32 Subd. 3. Authorized investments. The commissioner is authorized to make
22.33investments in eligible organizations. The commissioner shall invest funds in the form of
23.1loans to eligible organizations for the purpose of providing capital to new and expanding
23.2businesses in the form of debt or equity, or both.
23.3 Subd. 4. Investment authorized. The commissioner may make investments in
23.4eligible organizations under the following terms:
23.5 (1) the organization seeking an investment of funds must guarantee repayment of not
23.6less than 100 percent of the funds invested in the eligible organization;
23.7 (2) the investments are to be made in the form of a loan to the eligible organization
23.8for a term of ten years, at an interest rate of one percent;
23.9 (3) during the ten-year term of the loan, the eligible organization shall make annual
23.10interest-only payments;
23.11 (4) at the end of the ten-year term, the eligible organization is required to make a
23.12payment in the entire principal amount of the initial loan;
23.13 (5) the state investment by the commissioner in any eligible organization may not
23.14exceed $2,000,000;
23.15 (6) the full amount of state investment will be advanced to the approved eligible
23.16organization upon execution of a formal investment agreement, specifying the terms of the
23.17loan, as well as reporting and other requirements outlined in subdivision 5;
23.18 (7) the eligible organization must maintain the funds in accounts that allow the funds
23.19to be readily available for business investments;
23.20 (8) the eligible organization must make business investments totaling the entire
23.21amount of funds loaned by the state within three years of the execution of the investment
23.22agreement and subsequent transmittal of the funds; and
23.23 (9) an eligible organization that receives an investment under this section shall
23.24report annually, in a format prescribed by the commissioner, the nature and amount of
23.25the business investments made, including, for each financing transaction involving funds
23.26received pursuant to this section, all forms and amounts of financing provided by the
23.27eligible organization from sources other than the investment fund established pursuant to
23.28this section, along with the number of jobs created and private sector investment leveraged.
23.29 Subd. 5. Requirements for state investments. All investments are subject to an
23.30investment agreement which must include:
23.31 (1) a description of the eligible organization, including business finance experience,
23.32qualifications, and investment history;
23.33 (2) a description of the uses of investment proceeds by the eligible organization;
23.34 (3) an explanation of the investment objectives;
23.35 (4) a description of accounting and reporting standards to be used by the eligible
23.36organization; and
24.1 (5) a copy of the most recent audited financial statements of the eligible organization.
24.2 Sec. 3. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
24.3 Subdivision 1. Grant account. A contaminated site cleanup and development
24.4grant account is created in the general fund. Money in the account may be used, as
24.5appropriated by law, to make grants as provided in section116J.554 and to pay for the
24.6commissioner's costs in reviewing applications and making grants. Notwithstanding
24.7section16A.28 , money appropriated to the account for this program from any source is
24.8availablefor four years until spent.
24.9 Sec. 4. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
24.10 Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the
24.11following criteria are met:
24.12 (1) the site is not scheduled for funding during the current or next fiscal year under
24.13the Comprehensive Environmental Response, Compensation, and Liability Act, United
24.14States Code, title 42, section 9601, et seq. or under the Environmental Response, and
24.15Liability Act under sections115B.01 to
115B.20 ;
24.16(2) the appraised value of the site after adjusting for the effect on the value of the
24.17presence or possible presence of contaminants using accepted appraisal methodology, or
24.18the current market value of the site as issued under section
273.121, separately taking into
24.19account the effect of the contaminants on the market value, (i) is less than 75 percent of
24.20the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup
24.21costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and
24.22(3) (2) if the proposed cleanup is completed, it is expected that the site will be
24.23improved with buildings or other improvements and these improvements will provide a
24.24substantial increase in the property tax base within a reasonable period of time or the site
24.25will be used for an important publicly owned or tax-exempt facility.
24.26 Sec. 5. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
24.27 Subdivision 1. Priorities. (a) The legislature expects that applications for grants
24.28will exceed the available appropriations and the agency will be able to provide grants to
24.29only some of the applicant development authorities.
24.30 (b) If applications for grants for qualified sites exceed the available appropriations,
24.31the agency shall make grants for sites that, in the commissioner's judgment, provide
24.32the highest return in public benefits for the public costs incurred and that meet all the
25.1requirements provided by law. In making this judgment, the commissioner shall consider
25.2the following factors:
25.3 (1) the recommendations or ranking of projects by the commissioner of the Pollution
25.4Control Agency regarding the potential threat to public health and the environment that
25.5would be reduced or eliminated by completion of each of the response action plans;
25.6 (2) the potential increase in the property tax base of the local taxing jurisdictions,
25.7considered relative to the fiscal needs of the jurisdictions, that will result from
25.8developments that will occur because of completion of each of the response action plans;
25.9 (3) the social value to the community of the cleanup and redevelopment of the site,
25.10including the importance of development of the proposed public facilities on each of
25.11the sites;
25.12 (4) the probability that each site will be cleaned up without use of government
25.13money in the reasonably foreseeable future by considering but not limited to the current
25.14market value of the site versus the cleanup cost;
25.15 (5) the amount of cleanup costs for each site; and
25.16 (6) the amount of the commitment of municipal or other local resources to pay for
25.17the cleanup costs.
25.18 The factors are not listed in a rank order of priority; rather the commissioner may
25.19weigh each factor, depending upon the facts and circumstances, as the commissioner
25.20considers appropriate. The commissioner may consider other factors that affect the net
25.21return of public benefits for completion of the response action plan. The commissioner,
25.22notwithstanding the listing of priorities and the goal of maximizing the return of public
25.23benefits, shall make grants that distribute available money to sites both within and outside
25.24of the metropolitan area. The commissioner shall provide a written statement of the
25.25supporting reasons for each grant. Unless sufficient applications are not received for
25.26qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
25.27as grants must be made for sites located outside of the metropolitan area.
25.28 Sec. 6. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
25.29 Subdivision 1. Commissioner discretion. The commissioner may make a grant for
25.30up to 50 percent of the eligible costs of a project. The determination of whether to make a
25.31grant for a site is within the discretion of the commissioner, subject to this section and
25.32sections116J.571 to
116J.574 and available unencumbered money in the redevelopment
25.33account. For grants made in fiscal years 2008 and 2009, at least 75 percent of the available
25.34grant funds must be used for grants in greater Minnesota. For grants made in fiscal year
25.352010 and later, at least 50 percent of the available grant funds must be used for grants
26.1in greater Minnesota. If the commissioner determines that the applications for grants
26.2for projects in greater Minnesota are less than the amount of grant funds available, the
26.3commissioner may make grants for projects anywhere in Minnesota. The commissioner's
26.4decisions and application of the priorities under this section are not subject to judicial
26.5review, except for abuse of discretion.
26.6 Sec. 7. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
26.7 Subd. 1a. Priorities. (a) If applications for grants exceed the available
26.8appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
26.9the highest return in public benefits for the public costs incurred. "Public benefits" include
26.10job creation, bioscience development, environmental benefits to the state and region,
26.11efficient use of public transportation, efficient use of existing infrastructure, provision of
26.12affordable housing, multiuse development that constitutes community rebuilding rather
26.13than single-use development, crime reduction, blight reduction, community stabilization,
26.14and property tax base maintenance or improvement. In making this judgment, the
26.15commissioner shall give priority to redevelopment projects with one or more of the
26.16following characteristics:
26.17 (1) the need for redevelopment in conjunction with contamination remediation needs;
26.18 (2) the redevelopment project meets current tax increment financing requirements
26.19for a redevelopment district and tax increments will contribute to the project;
26.20 (3) the redevelopment potential within the municipality;
26.21 (4) proximity to public transit if located in the metropolitan area;and
26.22 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
26.23and
26.24(5) (6) multijurisdictional projects that take into account the need for affordable
26.25housing, transportation, and environmental impact.
26.26 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
26.27commissioner may weigh each factor, depending upon the facts and circumstances, as
26.28the commissioner considers appropriate. The commissioner may consider other factors
26.29that affect the net return of public benefits for completion of the redevelopment plan. The
26.30commissioner, notwithstanding the listing of priorities and the goal of maximizing the
26.31return of public benefits, shall make grants that distribute available money to sites both
26.32within and outside of the metropolitan area. Unless sufficient applications are not received
26.33for qualifying sites outside of the metropolitan area, at least 25 percent of the money
26.34provided as grants must be made for sites located outside of the metropolitan area.
27.1 Sec. 8. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
27.2 Subdivision 1. Generally. (a) The commissioner shall promote, develop, and
27.3facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
27.4addition to the powers granted by section116J.035 , the commissioner may:
27.5 (1) locate, develop, and promote international markets for Minnesota products
27.6and services;
27.7 (2) arrange and lead trade missions to countries with promising international markets
27.8for Minnesota goods, technology, services, and agricultural products;
27.9 (3) promote Minnesota products and services at domestic and international trade
27.10shows;
27.11 (4) organize, promote, and present domestic and international trade shows featuring
27.12Minnesota products and services;
27.13 (5) host trade delegations and assist foreign traders in contacting appropriate
27.14Minnesota businesses and investments;
27.15 (6) develop contacts with Minnesota businesses and gather and provide information
27.16to assist them in locating and communicating with international trading or joint venture
27.17counterparts;
27.18 (7) provide information, education, and counseling services to Minnesota businesses
27.19regarding the economic, commercial, legal, and cultural contexts of international trade;
27.20 (8) provide Minnesota businesses with international trade leads and information
27.21about the availability and sources of services relating to international trade, such as
27.22export financing, licensing, freight forwarding, international advertising, translation, and
27.23custom brokering;
27.24 (9) locate, attract, and promote foreign direct investment and business development
27.25in Minnesota to enhance employment opportunities in Minnesota;
27.26 (10) provide foreign businesses and investors desiring to locate facilities in
27.27Minnesota information regarding sources of governmental, legal, real estate, financial, and
27.28business services;
27.29 (11) enter into contracts or other agreements with private persons and public entities,
27.30including agreements to establish and maintain offices and other types of representation in
27.31foreign countries, to carry out the purposes of promoting international trade and attracting
27.32investment from foreign countries to Minnesota and to carry out this section, without
27.33regard to section16C.06 ; and
27.34 (12) market trade-related materials to businesses and organizations, and the proceeds
27.35of which must be placed in a special revolving account and are appropriated to the
27.36commissioner to prepare and distribute trade-related materials.
28.1 (b) The programs and activities of the commissioner of employment and economic
28.2development and the Minnesota Trade Division may not duplicate programs and activities
28.3of the commissioner of agriculture.
28.4 (c) The commissioner shall notify the chairs of the senate Finance and house Ways
28.5and Means Committees of each agreement under this subdivision to establish and maintain
28.6an office or other type of representation in a foreign country.
28.7 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
28.8assistance to official visits by foreign government representatives and shall serve as liaison
28.9to the foreign diplomatic corps in Minnesota.
28.10 Sec. 9. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
28.11to read:
28.12 Subd. 4. Workforce development intermediaries. "Workforce development
28.13intermediaries" means public, private, or nonprofit entities that provide employment
28.14services to low-income individuals and have a demonstrated track record bringing together
28.15employers and workers, private and public funding streams, and other stakeholders to
28.16implement pathways to career advancement for low-income individuals. Entities may
28.17include, but are not limited to, nonprofit organizations, educational institutions, or the
28.18administrative entity of a local workforce service area.
28.19 Sec. 10. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
28.20 Subd. 1a. Pathways program. The pathways program may provide grants-in-aid
28.21for developing programs which assist in the transition of persons from welfare to work and
28.22assist individuals at or below 200 percent of the federal poverty guidelines. The program
28.23is to be operated by the board. The board shall consult and coordinate with program
28.24administrators at the Department of Employment and Economic Development to design
28.25and provide services for temporary assistance for needy families recipients.
28.26 Pathways grants-in-aid may be awarded to educational or other nonprofit training
28.27institutions or to workforce development intermediaries for education and training
28.28programs and services supporting education and training programs that serve eligible
28.29recipients.
28.30 Preference shall be given to projects that:
28.31 (1) provide employment with benefits paid to employees;
28.32 (2) provide employment where there are defined career paths for trainees;
28.33 (3) pilot the development of an educational pathway that can be used on a continuing
28.34basis for transitioning persons from welfare to work; and
29.1 (4) demonstrate the active participation of Department of Employment and
29.2Economic Development workforce centers, Minnesota State College and University
29.3institutions and other educational institutions, and local welfare agencies.
29.4 Pathways projects must demonstrate the active involvement and financial
29.5commitment of private business. Pathways projects must be matched with cash or in-kind
29.6contributions on at least aone-to-one one-half-to-one ratio by participating private
29.7business.
29.8 A single grant to any one institution shall not exceed $400,000. A portion of a grant
29.9may be used for preemployment training.
29.10 Sec. 11. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
29.11 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
29.12have the meanings given them in this subdivision.
29.13 (b) "Commissioner" means the commissioner of employment and economic
29.14development.
29.15 (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
29.16time employment ceased or was working in the state at the time employment ceased and:
29.17 (1) has been permanently separated or has received a notice of permanent separation
29.18from public or private sector employment and is eligible for or has exhausted entitlement
29.19to unemployment benefits, and is unlikely to return to the previous industry or occupation;
29.20 (2) has been long-term unemployed and has limited opportunities for employment
29.21or reemployment in the same or a similar occupation in the area in which the individual
29.22resides, including older individuals who may have substantial barriers to employment by
29.23reason of age;
29.24 (3) has been terminated or has received a notice of termination of employment as a
29.25result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
29.26 (4) has been self-employed, including farmers and ranchers, and is unemployed as a
29.27result of general economic conditions in the community in which the individual resides or
29.28because of natural disasters; or
29.29(4) (5) is a displaced homemaker. A "displaced homemaker" is an individual who
29.30has spent a substantial number of years in the home providing homemaking service and
29.31(i) has been dependent upon the financial support of another; and now due to divorce,
29.32separation, death, or disability of that person, must find employment to self support; or (ii)
29.33derived the substantial share of support from public assistance on account of dependents
29.34in the home and no longer receives such support.
30.1 To be eligible under this clause, the support must have ceased while the worker
30.2resided in Minnesota.
30.3 (d) "Eligible organization" means a state or local government unit, nonprofit
30.4organization, community action agency, business organization or association, or labor
30.5organization.
30.6 (e) "Plant closing" means the announced or actual permanent shutdown of a single
30.7site of employment, or one or more facilities or operating units within a single site of
30.8employment.
30.9 (f) "Substantial layoff" means a permanent reduction in the workforce, which is
30.10not a result of a plant closing, and which results in an employment loss at a single site
30.11of employment during any 30-day period for at least 50 employees excluding those
30.12employees that work less than 20 hours per week.
30.13 Sec. 12. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
30.14 Subdivision 1. Determination and collection of special assessment. (a) In addition
30.15to amounts due from an employer under the Minnesota unemployment insurance program,
30.16each employer, except an employer making reimbursements is liable for a special
30.17assessment levied at the rate of .10 percent per yearfor calendar years 2006 and 2007 on
30.18all taxable wages, as defined in section268.035, subdivision 24 . Beginning January 1,
30.192008, the special assessment shall be levied at a rate of .085 percent per year on all taxable
30.20wages. The assessment shall become due and be paid by each employer on the same
30.21schedule and in the same manner as other amounts due from an employer under section
30.22268.051, subdivision 1
.
30.23 (b) The special assessment levied under this section shall be subject to the same
30.24requirements and collection procedures as any amounts due from an employer under the
30.25Minnesota unemployment insurance program.
30.26 Sec. 13. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
30.27 Subdivision 1. Designation of workforce service areas. For the purpose of
30.28administering federal, state, and local employment and training services, the commissioner
30.29shall designate the geographic boundaries for workforce service areas in Minnesota.
30.30 The commissioner shall approve a request to be a workforce service area from:
30.31 (1) a home rule charter or statutory city with a population of 200,000 or more or a
30.32county with a population of 200,000 or more; or
31.1 (2) a consortium of contiguous home rule charter or statutory cities or counties
31.2with an aggregate population of 200,000 or more that serves a substantial part of one or
31.3more labor markets.
31.4 The commissioner may approve a request to be a workforce service area from a
31.5home rule charter or statutory city or a county or a consortium of contiguous home
31.6rule charter or statutory cities or counties, without regard to population, that serves a
31.7substantial portion of a labor market area.
31.8 The commissioner shall make a final designation of workforce service areas within
31.9the state after consulting with local elected officials and the governor's Workforce
31.10Development Council. Existing service delivery areas designated under the federal Job
31.11Training Partnership Act shall be initially designated as workforce service areas providing
31.12that no other petitions are submitted by local elected officials.
31.13 The commissioner may redesignate workforce service areas, upon the advice and
31.14consent of the affected local elected officials, no more frequently than every two years.
31.15These redesignations must be made not later than four months before the beginning of a
31.16program year.
31.17 Sec. 14. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
31.18 Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
31.19corporation with which it has entered into an agreement under subdivision 1. These
31.20loans must be used to support a new or expanding business. This support may include
31.21such forms of financing as the sale of goods to the business on installment or deferred
31.22payments, lease purchase agreements, or royalty investments in the business. The interest
31.23rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
31.24the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
31.25nonprofit corporation may charge a loan origination fee equal to or less than one percent
31.26of the loan value. The nonprofit corporation may retain the amount of the origination fee.
31.27The nonprofit corporation must provide at least an equal match to the loan received by the
31.28board. The maximum loan available to the nonprofit corporation under this subdivision is
31.29$50,000. Loans made to the nonprofit corporation under this subdivision may be made
31.30without interest. Repayments made by the nonprofit corporation must be deposited in the
31.31revolving fund created for urban initiative grants.
31.32 Sec. 15. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
31.33PROGRAM.
32.1 Subdivision 1. Establishment; purpose. The small business growth acceleration
32.2program is established. The purpose of the program is to (1) help qualified companies
32.3implement technology and business improvements; and (2) bridge the gap between
32.4standard market pricing for technology and business improvements and what qualified
32.5companies can afford to pay.
32.6 Subd. 2. Qualified company. A company is qualified to receive assistance under
32.7the small business growth acceleration program if it is a manufacturing company or a
32.8manufacturing-related service company that employs 100 or fewer full-time equivalent
32.9employees.
32.10 Subd. 3. Applications for assistance. A company seeking assistance under the
32.11small business growth acceleration program must file an application according to the
32.12requirements of the corporation. A company's application for small business growth
32.13acceleration program assistance must include documentation of the company's overall plan
32.14for technology and business improvement and prioritize the components of the overall
32.15plan. The application must also document the company's need for small business growth
32.16acceleration program funds in order to carry forward the highest priority components of
32.17the plan.
32.18 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
32.19procedures for determining which applicants for assistance under the small business
32.20growth acceleration program will receive program funding. Funding shall be awarded
32.21only to accelerate a qualified company's adoption of needed technology or business
32.22improvements when the corporation concludes that it is unlikely the improvements could
32.23be accomplished in any other way.
32.24 (b) The maximum amount of funds awarded to a qualified company under the small
32.25business growth acceleration program for a particular project must not exceed 50 percent
32.26of the total cost of a project and must not under any circumstances exceed $25,000 during
32.27a calendar year. The corporation shall not award to a qualified company small business
32.28growth acceleration program funds in excess of $50,000 per year.
32.29 (c) Any funds awarded to a qualified company under the small business growth
32.30acceleration program must be used for business services and products that will enhance the
32.31operation of the company. These business services and products must come either directly
32.32from the corporation or from a network of expert providers identified and approved by
32.33the corporation. No company receiving small business growth acceleration program
32.34funds may use the funds for refinancing, overhead costs, new construction, renovation,
32.35equipment, or computer hardware.
33.1 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
33.2documented according to requirements of the corporation.
33.3 Subd. 5. Service agreements. The corporation shall enter a written service
33.4agreement with each company awarded funds under the small business growth acceleration
33.5program. Each service agreement shall clearly articulate the company's need for service,
33.6state the cost of the service, identify who will provide the service, and define the scope of
33.7the service that will be provided. The service agreement must also include an estimate
33.8of the financial impact of the service on the company and require the company to report
33.9the actual financial impact of the service to the corporation 24 months after the service is
33.10provided.
33.11 Subd. 6. Reporting. The corporation shall report annually to the legislative
33.12committees with fiscal jurisdiction over the Department of Employment and Economic
33.13Development:
33.14 (1) the funds awarded under the small business growth acceleration program during
33.15the past 12 months;
33.16 (2) the estimated financial impact of the funds awarded to each company receiving
33.17service under the program; and
33.18 (3) the actual financial impact of funds awarded during the past 24 months.
33.19 Sec. 16. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
33.20 Subdivision 1. Definitions. For the purposes of this section and section 179.87:
33.21 (1) "employer" means any person or business entity having 25 or more employees
33.22in the meatpacking industry; and
33.23 (2) "meatpacking industry" means business operations in which slaughtering,
33.24butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry
33.25packing, poultry manufacturing, pet food manufacturing, processing of meatpacking
33.26products, or rendering is carried on. Meatpacking products include livestock and poultry
33.27products.
33.28 Subd. 2. Right to adequate facilities. An employer must provide its employees:
33.29 (1) adequate and working restroom facilities;
33.30 (2) adequate room for meal and rest breaks;
33.31 (3) adequate locker facilities; and
33.32 (4) adequate time for necessary restroom and meal breaks as required under chapter
33.33177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter
33.34126, or a valid collective bargaining agreement.
34.1 Subd. 3. Right to adequate equipment and training. An employer must furnish its
34.2employees with equipment and training that is adequate to perform the job task assigned.
34.3An employer must make ongoing skill development and training opportunities, including
34.4supervisory training, available to employees.
34.5 Subd. 4. Information provided to employee by employer. (a) An employer must
34.6provide an explanation in an employee's native language of the employee's rights and
34.7duties as an employee either person-to-person or through written materials as required
34.8by state or federal law, or a valid collective bargaining agreement that, at a minimum,
34.9includes:
34.10 (1) a complete description of the salary and benefits plans as they relate to the
34.11employee as required under chapter 181;
34.12 (2) a job description for the employee's position as required under chapter 181;
34.13 (3) a description of leave policies as required under chapter 181 and United States
34.14Code, title 29, chapter 28;
34.15 (4) a description of the work hours and work hours policy as required under chapter
34.16181; United States Code, title 29, chapter 201; or a valid collective bargaining agreement;
34.17and
34.18 (5) a description of the occupational hazards known to exist for the position as
34.19required under chapters 181 and 182 and United States Code, title 29, chapter 15.
34.20 (b) The explanation must also include information on the following employee rights
34.21as protected by state or federal law and a description of where additional information
34.22about those rights may be obtained:
34.23 (1) the right to organize and bargain collectively as required under this chapter and
34.24chapter 177, and United States Code, title 29, chapter 7;
34.25 (2) the right to a safe workplace as required under chapters 181 and 182 and United
34.26States Code, title 29, chapter 15; and
34.27 (3) the right to be free from discrimination as required under this chapter and
34.28chapters 181, 182, and 363A, and United States Code, title 42, chapter 21.
34.29 Subd. 5. Civil action. A person aggrieved as a result of a violation of this section
34.30may file suit in any district court of this state. If the court finds that the respondent has
34.31intentionally violated this section, the court may award damages up to and including an
34.32amount equal to the original damages and may provide injunctive relief.
34.33 Subd. 6. Criminal penalty. An employer who violates this section is guilty of a
34.34misdemeanor.
35.1 Sec. 17. [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS
35.2OMBUDSMAN.
35.3 Subdivision 1. Position established. The position of meatpacking industry workers
35.4rights ombudsman is established within the Department of Labor and Industry. The
35.5ombudsman shall be an employee of the department. The ombudsman shall be appointed
35.6by the commissioner in consultation with the chairs of the standing committees of the
35.7senate and house of representatives with jurisdiction over labor and employment issues in
35.8accordance with the preference established in subdivision 5.
35.9 Subd. 2. Duties. The ombudsman shall inspect and review the practices and
35.10procedures of meatpacking operations in the state. The ombudsman shall work to ensure
35.11workers rights under section 179.86 are protected.
35.12 Subd. 3. Access. The ombudsman or designated representatives of the ombudsman
35.13shall have access to all meatpacking operations in the state at any time meatpacking
35.14products are being processed and industry workers are on the job.
35.15 Subd. 4. Office. Necessary office space, furniture, equipment, and supplies as
35.16well as necessary assistance for the ombudsman shall be provided by the Department of
35.17Labor and Industry.
35.18 Subd. 5. Language preference. Preference shall be given to applicants for the
35.19ombudsman position who are fluent in languages in addition to English.
35.20 Subd. 6. Report. The ombudsman shall, on or before December 1 of each year,
35.21submit a report to the members of the legislature and the governor regarding any
35.22recommended actions the ombudsman deems necessary or appropriate to provide for the
35.23fair treatment of workers in the meatpacking industry.
35.24 Sec. 18. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
35.25 Subd. 3. Other duties. (a) The commissioner shall:
35.26 (1) provide mediation services as requested by the parties until the parties reach
35.27agreement, and may continue to assist parties after they have submitted their final
35.28positions for interest arbitration;
35.29 (2) issue notices, subpoenas, and orders required by law to carry out duties under
35.30sections179A.01 to
179A.25 ;
35.31 (3) assist the parties in formulating petitions, notices, and other papers required to
35.32be filed with the commissioner;
35.33 (4) conduct elections;
35.34 (5) certify the final results of any election or other voting procedure conducted
35.35under sections179A.01 to
179A.25 ;
36.1 (6) adopt rules relating to the administration of this chapter and the conduct of
36.2hearings and elections;
36.3 (7) receive, catalogue, file, and make available to the public all decisions of
36.4arbitrators and panels authorized by sections179A.01 to
179A.25 , all grievance arbitration
36.5decisions, and the commissioner's orders and decisions;
36.6 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
36.7section179A.20, subdivision 4 , that is available to any employee in a unit not covered by
36.8a contractual grievance procedure;
36.9 (9) maintain a schedule of state employee classifications or positions assigned to
36.10each unit established in section179A.10, subdivision 2 ;
36.11 (10) collect fees established by rule for empanelment of persons on the labor
36.12arbitrator roster maintained by the commissioner or in conjunction with fair share fee
36.13challenges. Arbitrator application fees will be $100 per year for initial applications and
36.14renewals effective July 1, 2007;
36.15 (11) provide technical support and assistance to voluntary joint labor-management
36.16committees established for the purpose of improving relationships between exclusive
36.17representatives and employers, at the discretion of the commissioner;
36.18 (12) provide to the parties a list of arbitrators as required by section179A.16,
36.19subdivision 4 ; and
36.20 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
36.21representatives for the resolution of grievance or interest disputes. Each person on the
36.22list must be knowledgeable about collective bargaining and labor relations in the public
36.23sector, well versed in state and federal labor law, and experienced in and knowledgeable
36.24about labor arbitration. To the extent practicable, the commissioner shall appoint members
36.25to the list so that the list is gender and racially diverse.
36.26 (b) From the names provided by representative organizations, the commissioner
36.27shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
36.28according to section122A.40 or
122A.41 . The persons on the list must meet at least
36.29one of the following requirements:
36.30 (1) be a former or retired judge;
36.31 (2) be a qualified arbitrator on the list maintained by the bureau;
36.32 (3) be a present, former, or retired administrative law judge; or
36.33 (4) be a neutral individual who is learned in the law and admitted to practice in
36.34Minnesota, who is qualified by experience to conduct these hearings, and who is without
36.35bias to either party.
37.1 Each year, education Minnesota shall provide a list of up to 14 names and the
37.2Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
37.3The commissioner may adopt rules about maintaining and updating the list.
37.4 Sec. 19. Minnesota Statutes 2006, section 181.78, is amended by adding a subdivision
37.5to read:
37.6 Subd. 4. Forfeiture of employer rights. (a) This subdivision applies to an
37.7invention or proposal by an employee in which the employer has an enforceable interest
37.8by contract or otherwise.
37.9 (b) An employer who has a right to develop or utilize an invention or proposal
37.10must make a substantial investment in the invention or proposal within five years of the
37.11submission of the invention or proposal or forfeit all rights and interests in the invention
37.12or proposal to the employee.
37.13 (c) An employee who has acquired the rights and interests of an employer under
37.14paragraph (b) may transfer that interest in the invention or proposal to anyone.
37.15 (d) An employer must notify in writing an employee who submits an invention or
37.16proposal to the employer of the employee's right under this subdivision within ten days of
37.17the submission. The employer must date and describe the proposal or invention received
37.18by the employer and provide a copy to the employee.
37.19 Sec. 20. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
37.20PRESENCE OF LIQUOR.
37.21 No minor under the age of 18 shall be employed in any rooms constituting the place
37.22in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
37.23tasks involving the serving, dispensing, or handling of such liquors that are consumed on
37.24the premises except that:
37.25 (1) minors who have reached the age of 16 may be employed to perform busing or
37.26dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where
37.27the presence of intoxicating liquor is incidental to food service or preparation;
37.28 (2) minors who have reached the age of 16 may be employed to perform busing or
37.29dishwashing services or to provide waiter or waitress service in rooms or areas where the
37.30presence of 3.2 percent malt liquor is incidental to food service or preparation;
37.31 (3) minors who have reached the age of 16 may be employed to provide musical
37.32entertainment in those rooms or areas where the presence of intoxicating liquor and3.2
37.33percent malt liquor is incidental to food service or preparation; and
38.1 (4) minors are not prevented from working at tasks which are not prohibited by law
38.2in establishments where liquor is sold, served, dispensed, or handled in those rooms or
38.3areas where no liquor is consumed or served.
38.4 Sec. 21. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
38.5 Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
38.6employers and employees of this state resulting from personal injuries and illnesses arising
38.7out of work situations is substantial; that the prevention of these injuries and illnesses is an
38.8important objective of the government of this state; that the greatest hope of attaining this
38.9objective lies in programs of research and education, and in the earnest cooperation of
38.10government, employers and employees; and that a program of regulation and enforcement
38.11is a necessary supplement to these more basic programs.
38.12 The legislature declares it to be its purpose and policy through the exercise of its
38.13powers to assure so far as possible every worker in the state of Minnesota safe and
38.14healthful working conditions and to preserve our human resources by:
38.15 (a) authorizing the Occupational Safety and Health Advisory Council to advise,
38.16consult with or recommend on any matters relating to the Minnesota occupational
38.17safety and health plan to the commissioner of labor and industry and by authorizing the
38.18commissioner of labor and industry to promulgate and enforce mandatory occupational
38.19safety and health standards applicable to employers and employees in the state of
38.20Minnesota;
38.21 (b) encouraging employers and employees to increase their efforts to reduce the
38.22number of occupational safety and health hazards at their places of employment, and to
38.23stimulate employers and employees to institute new and to perfect existing programs for
38.24providing safe and healthful working conditions;
38.25 (c) providing that employers and employees have separate but dependent
38.26responsibilities and rights with respect to achieving safe and healthful working conditions;
38.27 (d) providing for research in the field of occupational safety and health; including
38.28the psychological factors involved, and by developing innovative methods, techniques,
38.29and approaches for dealing with occupational safety and health problems;
38.30 (e) exploring ways to discover latent diseases, establishing causal connections
38.31between diseases and work in environmental conditions, and conducting other research
38.32relating to health problems, in recognition of the fact that occupational health standards
38.33present problems often different from those involved in occupational safety;
38.34 (f) utilizing advances already made by federal laws and regulations providing safe
38.35and healthful working conditions;
39.1 (g) providing criteria which will assure insofar as practicable that no employee
39.2will suffer diminished health, functional capacity, or life expectancy as a result of work
39.3experience;
39.4 (h) providing an effective enforcement program which shall include locating
39.5enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
39.6injuries, and complaints and a prohibition against giving advance notice of an inspection
39.7and sanctions for any individual violating this prohibition;
39.8 (i) providing for appropriate reporting procedures with respect to occupational
39.9safety and health, which procedures will help achieve the objectives of this chapter and
39.10accurately describe the nature of the occupational safety and health problem;
39.11 (j) encouraging joint labor-management efforts to reduce injuries and diseases
39.12arising out of employment;
39.13 (k) providing consultation to employees and employers which will aid them in
39.14complying with their responsibilities under this chapter where such consultation does not
39.15interfere with the effective enforcement of this chapter; and
39.16 (l) providing for training programs to increase the number and competence of
39.17personnel engaged in the field of occupational safety and health.
39.18 Sec. 22. [182.6551] CITATION.
39.19 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
39.20 Sec. 23. [182.6552] DEFINITIONS.
39.21 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
39.22individual doing the job of directly providing physical care to patients including nurses, as
39.23defined by section 148.171, who provide physical care to patients.
39.24 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
39.25section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
39.26subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
39.27 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
39.28scientific evidence on causes of injuries, that uses safe patient handling equipment rather
39.29than people to transfer, move, and reposition patients in all health care facilities to reduce
39.30workplace injuries. This process also reduces the risk of injury to patients.
39.31 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
39.32means engineering controls, lifting and transfer aids, or mechanical assistive devices used
39.33by nurses and other direct patient care workers instead of manual lifting to perform the
39.34acts of lifting, transferring, and repositioning health care facility patients and residents.
40.1 Sec. 24. [182.6553] SAFE PATIENT HANDLING PROGRAM.
40.2 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
40.3every licensed health care facility in the state shall adopt a written safe patient handling
40.4policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
40.5manual lifting of patients by nurses and other direct patient care workers by utilizing
40.6safe patient handling equipment.
40.7 (b) The program shall address:
40.8 (1) assessment of hazards with regard to patient handling;
40.9 (2) the acquisition of an adequate supply of appropriate safe patient handling
40.10equipment;
40.11 (3) initial and ongoing training of nurses and other direct patient care workers on
40.12the use of this equipment;
40.13 (4) procedures to ensure that physical plant modifications and major construction
40.14projects are consistent with program goals; and
40.15 (5) periodic evaluations of the safe patient handling program.
40.16 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
40.17health care facility in the state shall establish a safe patient handling committee either by
40.18creating a new committee or assigning the functions of a safe patient handling committee
40.19to an existing committee.
40.20 (b) Membership of a safe patient handling committee or an existing committee must
40.21meet the following requirements:
40.22 (1) at least half the members shall be nonmanagerial nurses and other direct patient
40.23care workers; and
40.24 (2) in a health care facility where nurses and other direct patient care workers
40.25are covered by a collective bargaining agreement, the union shall select the committee
40.26members proportionate to its representation of nonmanagerial workers, nurses, and other
40.27direct patient care workers.
40.28 (c) A health care organization with more than one covered health care facility may
40.29establish a committee at each facility or one committee to serve this function for all the
40.30facilities. If the organization chooses to have one overall committee for multiple facilities,
40.31at least half of the members of the overall committee must be nonmanagerial nurses and
40.32other direct patient care workers and each facility must be represented on the committee.
40.33 (d) Employees who serve on a safe patient handling committee must be compensated
40.34by their employer for all hours spent on committee business.
40.35 Subd. 3. Facilities with existing programs. A facility that has already adopted a
40.36safe patient handling policy that satisfies the requirements of subdivision 1, and established
41.1a safe patient handling committee by July 1, 2008, is considered to be in compliance
41.2with those requirements. The committee must continue to satisfy the requirements of
41.3subdivision 2, paragraph (b), on an ongoing basis.
41.4 Subd. 4. Committee duties. A safe patient handling committee shall:
41.5 (1) complete a patient handling hazard assessment that:
41.6 (i) considers patient handling tasks, types of nursing units, patient populations, and
41.7the physical environment of patient care areas;
41.8 (ii) identifies problems and solutions;
41.9 (iii) identifies areas of highest risk for lifting injuries; and
41.10 (iv) recommends a mechanism to report, track, and analyze injury trends;
41.11 (2) make recommendations on the purchase, use, and maintenance of an adequate
41.12supply of appropriate safe patient handling equipment;
41.13 (3) make recommendations on training of nurses and other direct patient care
41.14workers on use of safe patient handling equipment, initially when the equipment arrives at
41.15the facility and periodically afterwards;
41.16 (4) conduct annual evaluations of the safe patient handling implementation plan and
41.17progress toward goals established in the safe patient handling policy; and
41.18 (5) recommend procedures to ensure that, when remodeling of patient care areas
41.19occurs, the plans incorporate safe patient handling equipment or the physical space and
41.20construction design needed to accommodate safe patient handling equipment at a later date.
41.21 Subd. 5. Training materials. The commissioner shall make training materials on
41.22implementation of this section available to all health care facilities at no cost as part of the
41.23training and education duties of the commissioner under section 182.673.
41.24 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
41.25section 182.661. A violation of this section is subject to the penalties provided under
41.26section 182.666.
41.27 Subd. 7. Grant program. The commissioner may make grants to health care
41.28facilities to acquire safe patient handling equipment and for training on safe patient
41.29handling and safe patient handling equipment. Grants to any one facility may not exceed
41.30$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
41.31commissioner shall establish a grant application process. The commissioner may give
41.32priority for grants to facilities that demonstrate that acquiring safe patient handling
41.33equipment will impose a financial hardship on the facility. For health care facilities
41.34that provide evidence of hardship, the commissioner may waive the 50 percent match
41.35requirement and may grant such a facility more than $40,000. Health care facilities that
42.1the commissioner determines are experiencing hardship shall not be required to meet the
42.2safe patient handling requirements until July 1, 2012.
42.3 Sec. 25. Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read:
42.4 Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not
42.5be eligible to receive unemployment benefits for any week with respect to which the
42.6applicant is receiving, has received, or has filed for payment, equal to or in excess of the
42.7applicant's weekly unemployment benefit amount, in the form of:
42.8 (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause
42.9shall not apply to vacation pay paid upon a permanent separation from employment;
42.10 (2) severance pay, bonus pay, sick pay, and any other money payments, except
42.11earnings under subdivision 5, and back pay under subdivision 6, paid by an employer
42.12because of, upon, or after separation from employment, but only if the money payment is
42.13considered wages at the time of payment under section268.035, subdivision 29 , or United
42.14States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act;.
42.15This clause does not apply to the first $10,000 of any amount of severance pay, bonus
42.16pay, sick pay, or any other payments paid to an employee with annual salary or wages
42.17under $75,000; or
42.18 (3) pension, retirement, or annuity payments from any plan contributed to by a base
42.19period employer including the United States government, except Social Security benefits
42.20which are provided for in subdivision 4. The base period employer contributed to the
42.21plan if the contribution is excluded from the definition of wages under section268.035,
42.22subdivision 29 , clause (1), or United States Code, title 26, section 3121, clause (2), of
42.23the Federal Insurance Contribution Act.
42.24 An applicant shall not be considered to have received the lump sum payment if the
42.25applicant immediately deposits that payment in a qualified pension plan or account; or
42.26 (4) holiday pay.
42.27 (b) This subdivision shall apply to all the weeks of payment and shall be applied to
42.28the period immediately following the last day of employment. The number of weeks of
42.29payment shall be determined as follows:
42.30 (1) if the payments are made periodically, the total of the payments to be received
42.31shall be divided by the applicant's last level of regular weekly pay from the employer; or
42.32 (2) if the payment is made in a lump sum, that sum shall be divided by the applicant's
42.33last level of regular weekly pay from the employer.
42.34 (c) If the payment is less than the applicant's weekly unemployment benefit amount,
42.35unemployment benefits shall be reduced by the amount of the payment. If the computation
43.1of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the
43.2next lower whole dollar.
43.3EFFECTIVE DATE.This section is effective for unemployment benefits paid on
43.4or after January 1, 2006, regardless of when the continued request was filed or the week
43.5for which the unemployment benefits are paid.
43.6 Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
43.7to read:
43.8 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
43.9must ensure that the telephone system used for unemployment insurance benefits provides
43.10an option for any caller to speak to an unemployment insurance specialist. An individual
43.11who calls any of the publicized telephone numbers seeking information about applying for
43.12benefits or on the status of a claim must have the option to speak on the telephone to a
43.13specialist who can provide direct assistance or can direct the caller to the person or office
43.14that is able to respond to the caller's needs.
43.15 Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
43.16 Subd. 13. Supported employment. (a) "Supported employment" means
43.17employment of a person with a disability so severe that the person needs ongoing training
43.18and support to get and keep a job in which:
43.19 (1) the person engages in paid work in a position removed from the service vendor's
43.20site where individuals without disabilities who do not require public subsidies also may
43.21be employed;
43.22 (2) public funds are necessary to provide ongoing training and support services
43.23throughout the period of the person's employment; and
43.24 (3) the person has the opportunity for social interaction with individuals who do not
43.25have disabilities and who are not paid caregivers.
43.26 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
43.27then employment at that site may be considered supported employment.
43.28 Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
43.29subdivision to read:
43.30 Subd. 14. Affirmative business enterprise employment. "Affirmative business
43.31enterprise employment" means employment which provides paid work on the premises of
43.32an affirmative business enterprise as certified by the commissioner.
44.1 Affirmative business enterprise employment is considered community employment
44.2for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
44.3that the wages for individuals reported must be at or above customary wages for the
44.4same employer. The employer must also provide one benefit package that is available to
44.5all employees.
44.6 Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
44.7 Subdivision 1. Appointment; membership. Every city, town, county, nonprofit
44.8corporation, or combination thereof establishing a rehabilitation facility shall appoint a
44.9rehabilitation facility board of no fewer thannine seven voting members before becoming
44.10eligible for the assistance provided by sections268A.06 to
268A.15 . When any city,
44.11town, or county singly establishes such a rehabilitation facility, the board shall be
44.12appointed by the chief executive officer of the city or the chair of the governing board
44.13of the county or town. When any combination of cities, towns, counties, or nonprofit
44.14corporations establishes a rehabilitation facility, the chief executive officers of the cities,
44.15nonprofit corporations, and the chairs of the governing bodies of the counties or towns
44.16shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
44.17facility, the corporation shall appoint the board of directors. Membership on a board
44.18shall be representative of the community served and shall include a person with a
44.19disability.One-third to one-half of the board shall be representative of industry or
44.20business. The remaining members should be representative of lay associations for persons
44.21with a disability, labor, the general public, and education, welfare, medical, and health
44.22professions. Nothing in sections
268A.06 to
268A.15 shall be construed to preclude
44.23the appointment of elected or appointed public officials or members of the board of
44.24directors of the sponsoring nonprofit corporation to the board, so long as the representation
44.25described above is preserved. If a county establishes an extended employment program
44.26and manages the program with county employees, the governing board shall be the county
44.27board of commissioners, and other provisions of this chapter pertaining to membership on
44.28the governing board do not apply.
44.29 Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
44.30subdivision to read:
44.31 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
44.32premises of a rehabilitation facility may be certified as an integrated setting after a site
44.33review by the department.
45.1 Sec. 31. [325E.259] CUSTOMER SALES OR SERVICE CALL CENTER
45.2REQUIREMENTS.
45.3 Subdivision 1. Definitions. For purposes of this section, the following terms have
45.4the meanings given them.
45.5 (1) "Customer sales and service call center" means an entity whose primary purpose
45.6includes the initiating or receiving of telephonic communications on behalf of any person
45.7for the purpose of initiating telephone solicitations as defined in section325E.311,
45.8subdivision 6 .
45.9 (2) "Customer service call center" means an entity whose primary purpose includes
45.10the initiating or receiving of telephonic communications on behalf of any person for the
45.11purposes of providing or receiving services or information necessary in connection with
45.12the providing of services or other benefits.
45.13 (3) "Customer services employee" means a person employed by or working on
45.14behalf of a customer sales call center or a customer service call center.
45.15 Subd. 2. Customers' right to customer sales or customer service call center
45.16information. (a) An individual who is a Minnesota resident who receives a telephone call
45.17from, or places a telephone call to, a customer sales call center or a customer service call
45.18center, upon request, has the right to know the identification of the state or country where
45.19the customer service employee is located.
45.20 (b) An individual who is a Minnesota resident who receives a telephone solicitation
45.21from, or places a telephone call to, a customer sales call center or a customer service call
45.22center located in a foreign country, which requests the Minnesota resident's financial,
45.23credit, or identifying information, has the right, upon reaching a customer service
45.24representative, to request an alternative option to contact a customer sales or service
45.25center located in the United States before the information is given if the alternative
45.26option is available.
45.27 Subd. 3. Nonapplicability; business-to-business calls. The rights granted under
45.28this section to an individual who is a Minnesota resident do not apply when the individual
45.29who is a Minnesota resident is making or receiving the call on behalf of a business.
45.30 Subd. 4. Violation. It is fraud under section 325F.69 for a person to willfully
45.31violate this section.
45.32 Subd. 5. Application to other remedies. Nothing in this section changes the
45.33remedies currently available under state or federal law or creates additional or new
45.34remedies.
45.35EFFECTIVE DATE.This section is effective August 1, 2007.
46.1 Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
46.2to read:
46.3 Subd. 5. Local planning assistance. A regional development commission or,
46.4in regions not served by regional development commissions, a regional organization
46.5selected by the commissioner of employment and economic development, may develop a
46.6program to support planning on behalf of local units of government. The local planning
46.7must be related to issues of regional or statewide significance and may include, but is not
46.8limited to, the following:
46.9 (1) local planning and development assistance, which may include local zoning
46.10ordinances and land use plans;
46.11 (2) community or economic development plans, which may include workforce
46.12development plans, housing development plans and market analysis, JOBZ administration,
46.13grant writing assistance, and grant administration;
46.14 (3) environment and natural resources plans, which may include solid waste
46.15management plans, wastewater management plans, and renewable energy development
46.16plans;
46.17 (4) rural community health services; and
46.18 (5) development of geographical information systems to serve regional needs,
46.19including hardware and software purchases and related labor costs.
46.20 Each regional development commission or organization shall submit to the
46.21commissioner of employment and economic development an annual work program
46.22that outlines the work items for the upcoming year and establishes the relationship of
46.23the work items to development issues of regional or statewide significance. The entity
46.24completing the annual work program and identifying the statewide development issues
46.25shall consider input from the Departments of Employment and Economic Development,
46.26Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
46.27appropriate to the issues.
46.28 Sec. 33. WORKFORCE ENHANCEMENT FEE.
46.29 If the commissioner of employment and economic development determines that
46.30the need for services under the dislocated worker program substantially exceeds the
46.31resources that will be available for the program, the commissioner may increase the
46.32special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
46.33more than .12 percent of taxable wages.
46.34 Sec. 34. FEDERAL PROCUREMENT LIAISON.
47.1 The commissioner of employment and economic development must establish and
47.2operate a technology and commercialization unit in the Department of Employment and
47.3Economic Development. Appropriation for this purpose must be used to: coordinate
47.4public and private efforts to procure federal funding for collaborative research and
47.5development projects of primary benefit to small- and medium-sized businesses; promote
47.6contractual relationships between Minnesota businesses who, as recipients of federal
47.7grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess
47.8the research and development capabilities of small- and medium-sized businesses;
47.9undertake referral activities to link Minnesota companies with federal requests for
47.10proposal opportunities; and develop a framework for Minnesota companies to establish
47.11sole-sourcing relationships with federal agencies.
47.12 The commissioner must report to the committees in the house of representatives and
47.13the senate having jurisdiction over bioscience and technology issues on the activities of
47.14the technology and commercialization unit by June 30 of each year.
47.15 Sec. 35. LOCATION OF NORTHERN MINNESOTA INSPECTORS.
47.16 By December 31, 2007, the commissioner of labor and industry must assign three
47.17occupational safety and health inspectors to one or more offices on the Iron Range and one
47.18inspector to an office in Bemidji.
47.19 Sec. 36. ROLE OF STATE LEGISLATURE IN TRADE POLICY.
47.20 (a) It shall be the policy of the state that approval for the state to be bound by any
47.21trade agreement requires the consent of the state legislature.
47.22 (b) Four state legislative contacts must be informed by the governor when any trade
47.23agreement arrives in the governor's office. The four contacts are the majority and minority
47.24leader of the senate or their designated legislators, and the speaker and minority leader in
47.25the house of representatives or their designated legislators. The legislature declares that
47.26the purposes of the state contacts are to:
47.27 (1) serve as the state's official legislative liaisons with the governor and the state
47.28legislature on trade-related matters;
47.29 (2) serve as the legislature's designated recipients from the governor of federal
47.30requests for consent to consultation regarding investment, procurement, services, or other
47.31provisions of international trade agreements, which impinge on state law or regulatory
47.32authority reserved to the states;
47.33 (3) transmit information regarding federal requests from the governor to all
47.34appropriate legislative committees;
48.1 (4) issue a formal request to the Department of Employment and Economic
48.2Development and all appropriate state agencies to provide analysis of all proposed trade
48.3agreements' impact on state legislative authority and the economy of the state;
48.4 (5) inform all members of the legislature on a regular basis about ongoing trade
48.5negotiations and dispute settlement proceedings with implications for the state more
48.6generally;
48.7 (6) communicate the concerns of the legislature to the governor and the United
48.8States trade representative regarding ongoing and proposed trade negotiations; and
48.9 (7) notify the governor and the United States trade representative of the outcome
48.10of any legislative action.
48.11 (c) The following actions are required before the state shall consent to the terms of
48.12a trade agreement:
48.13 (1) when a federal trade request has been received, the governor must submit the
48.14request to the legislative contacts on a day both houses are in session. The request must
48.15contain a copy of the final legal text of the agreement together with:
48.16 (i) a report by the Department of Employment and Economic Development in
48.17consultation with, at a minimum, the following agencies: Department of Administration,
48.18Department of Labor and Industry, Department of Agriculture, Department of Natural
48.19Resources, and the Minnesota Pollution Control Agency. The report shall include an
48.20analysis of how the agreement of the state to the specific provisions of the agreement
48.21will change or affect existing state law;
48.22 (ii) a statement of any administrative action proposed to implement these trade
48.23agreement provisions in the state; and
48.24 (iii) a draft of legislation authorizing the state to sign on to the specific listed
48.25provisions of the agreement in question;
48.26 (2) at least one public hearing, with adequate public notice, shall occur before the
48.27legislature votes on the bill; and
48.28 (3) the bill authorizing the state to sign on to specific listed provisions of an
48.29agreement is enacted into law.
48.30 (d) It is the sense of this legislature that Congress should pass legislation instructing
48.31the United States trade representative to fully and formally consult individual state
48.32legislatures regarding procurement, services, investment, or any other trade agreement
48.33rules that impact state laws or authority before negotiations begin and as they develop,
48.34and to seek consent from state legislatures in addition to governors prior to binding
48.35states to conform their laws to the terms of international commercial agreements. Such
49.1legislation is necessary to ensure the prior informed consent of the state with regard to
49.2future international trade and investment agreements.
49.3 (e) The state attorney general shall notify the United States trade representative of
49.4the policies in paragraph (d) in writing no later than 30 days after its effective date, and
49.5shall provide copies of the notice to the president of the senate, speaker of the house of
49.6representatives, the governor, and the state's congressional delegation.
49.7 Sec. 37. STUDY; SAFE PATIENT HANDLING.
49.8 (a) The commissioner of labor and industry shall study ways to require workers'
49.9compensation insurers to recognize compliance with Minnesota Statutes, section
49.10182.6553, in the workers' compensation premiums of health care and long-term care
49.11facilities. The commissioner shall report by January 15, 2008, the results of the study
49.12to the chairs of the policy committees of the legislature with primary jurisdiction over
49.13workers' compensation issues.
49.14 (b) By January 15, 2008, the commissioner must make recommendations to the
49.15legislature regarding funding sources available to health care facilities for safe patient
49.16handling programs and equipment, including, but not limited to, low interest loans, interest
49.17free loans, and federal, state, or county grants.
49.18 Sec. 38. WORK GROUP; SAFE PATIENT HANDLING.
49.19 The Minnesota State Council on Disability shall convene a work group comprised
49.20of representatives from the Minnesota Medical Association and other organizations
49.21representing clinics, disability advocates, and direct care workers, to do the following:
49.22 (1) assess the current options for and use of safe patient handling equipment in
49.23unlicensed outpatient clinics, physician offices, and dental settings;
49.24 (2) identify barriers to the use of safe patient handling equipment in these settings;
49.25and
49.26 (3) define clinical settings that move patients to determine applicability of the Safe
49.27Patient Handling Act.
49.28 The work group must report to the legislature by January 15, 2008, including
49.29reports to the chairs of the senate and house of representatives committees on workforce
49.30development.
49.31 Sec. 39. EFFECT ON RULES.
49.32 The commissioner of labor and industry shall amend Minnesota Rules, part
49.335200.0910 , to conform to Minnesota Statutes, section 181A.115. The commissioner
50.1may use the good cause exemption in Minnesota Statutes, section14.388 , in adopting
50.2the amendment required by this section.
50.3 Sec. 40. PUBLIC FACILITIES AUTHORITY FUNDING.
50.4 To the greatest practical extent, projects on the Public Facilities Authority's 2007
50.5intended use plan, the listings for which were based on the Pollution Control Agency's
50.62006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
50.7qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
50.8section 21, that could not be certified by the Pollution Control Agency by the applicable
50.9deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
50.10issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
50.11obtain the required certification from the Pollution Control Agency.
50.12 Sec. 41. REPEALER.
50.13Minnesota Statutes 2006, section 16C.18, subdivision 2, is repealed.
50.16 Section 1. [154.465] HAIR BRAIDING.
50.17 Subdivision 1. Registration. Any person engaged in hair braiding solely for
50.18compensation as a profession, except persons licensed as cosmetologists, shall register
50.19with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
50.20by the board.
50.21 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
50.22results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
50.23locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
50.24fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
50.25hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
50.26includes what is commonly known as "African-style hair braiding" or "natural hair care"
50.27but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
50.28Hair braiding includes the making of customized wigs from natural hair, natural fibers,
50.29synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
50.30as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
50.31involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
50.32chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
50.33or chemical hair bleaching agents applied to growing human hair. For purposes of this
51.1section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
51.2rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
51.3are required solely for hair braiding.
51.4 Subd. 3. Requirements. In order to qualify for initial registration, any person
51.5engaged in hair braiding solely for compensation as a profession shall satisfactorily
51.6complete instruction at either an accredited school or by an individual, except persons
51.7licensed as cosmetologists approved by the board. Instruction includes coursework
51.8covering the topics of health, safety, sanitation, and state laws related to cosmetology not
51.9to exceed 30 hours. The coursework is encouraged to be provided in a foreign language
51.10format and such availability shall be reported to and posted by the Minnesota Board
51.11of Barber and Cosmetology Examiners.
51.12 Subd. 4. Curriculum. An accredited school or an individual approved by the board
51.13desiring to provide the coursework required under subdivision 3 shall have curriculum in
51.14place by January 1, 2008.
51.15EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
51.16effective the day following final enactment.
51.17 Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
51.18 Subdivision 1. Examination of records. The commissioner may enter during
51.19reasonable office hours or upon request and inspect the place of business or employment of
51.20any employer of employees working in the state, to examine and inspect books, registers,
51.21payrolls, and other records of any employer that in any way relate to wages, hours, and
51.22other conditions of employment of any employees. The commissioner may transcribe any
51.23or all of the books, registers, payrolls, and other records as the commissioner deems
51.24necessary or appropriate and may question the employees to ascertain compliance with
51.25sections177.21 to
177.35 177.435
51.26complaints by an employee against an employer if the failure to pay a wage may violate
51.27Minnesota law or an order or rule of the department.
51.28 Sec. 3. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
51.29 Subd. 4. Compliance orders. The commissioner may issue an order requiring an
51.30employer to comply with sections177.21 to
177.35 177.435181.02 ,
181.03 ,
181.031 ,
51.31181.032
,
181.101 ,
181.11 ,
181.12 ,
181.13 ,
181.14 ,
181.145 ,
181.15 , and
181.79, 181.932,
51.32and 181.9325 , or with any rule promulgated under section
177.28 . The department shall
51.33serve the order upon the employer or the employer's authorized representative in person or
51.34by certified mail at the employer's place of business. An employer who wishes to contest
52.1the order must file written notice of objection to the order with the commissioner within
52.215 calendar days after being served with the order. A contested case proceeding must then
52.3be held in accordance with sections14.57 to
14.69 . If, within 15 calendar days after being
52.4served with the order, the employer fails to file a written notice of objection with the
52.5commissioner, the order becomes a final order of the commissioner.
52.6 Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read:
52.7 Subd. 5. Civil actions. (a) The commissioner may bring an action in the district
52.8court where an employer resides or where the commissioner maintains an office to enforce
52.9or require compliance with orders issued under subdivision 4.
52.10 (b) If the district court determines that a violation of section 181.932 or 181.9325
52.11occurred, the court may order any appropriate relief, including but not limited to
52.12reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory
52.13damages, and the expungement of any adverse records of a state employee or applicant
52.14for state employment who was the subject of the alleged acts of misconduct, and any
52.15appropriate relief as described in section 181.936.
52.16 Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
52.17 Subd. 8. Court actions; suits brought by private parties. An employee may bring
52.18a civil action seeking redress for a violation or violations of sections177.21 to
177.35
52.19177.44 directly to district court. An employer who pays an employee less than the wages
52.20and overtime compensation to which the employee is entitled under sections177.21 to
52.21177.35
177.44 is liable to the employee for the full amount of the wages, gratuities, and
52.22overtime compensation, less any amount the employer is able to establish was actually
52.23paid to the employee and for an additional equal amount as liquidated damages. In
52.24addition, in an action under this subdivision the employee may seek damages and other
52.25appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
52.26between the employee and the employer to work for less than the applicable wage is not
52.27a defense to the action.
52.28 Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
52.29 Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
52.30be filed in the district court of the county wherein a violation or violations of sections
52.31177.21
to
177.35
52.32or has a principal place of business, or any other court of competent jurisdiction. The
52.33action may be brought by one or more employees.
53.1 Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
53.2 Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8,
53.3the court shall order an employer who is found to have committed a violation or violations
53.4of sections177.21 to
177.35
53.5disbursements, witness fees, and attorney fees.
53.6 Sec. 8. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision
53.7to read:
53.8 Subd. 11. Investigation of certain complaints. (a) The commissioner shall conduct
53.9an investigation of any matter that alleges a violation of sections 181.932 and 181.9325.
53.10The identity of the person providing the information that initiated the investigation shall
53.11be classified as private data, pursuant to section 13.02, subdivision 12, except that the
53.12identity may be disclosed to a law enforcement agency that is conducting a criminal
53.13investigation of the matter.
53.14 (b) For each investigation completed, if the commissioner determines that there is
53.15reasonable cause to believe that an employer has violated section 181.932 or 181.9325,
53.16the commissioner shall report the nature and details of the alleged violation to the head
53.17of the employing agency or the appropriate appointing authority. If appropriate, the
53.18commissioner shall report this information to the attorney general, the policy committees
53.19of the house of representatives and senate having jurisdiction over the subject involved,
53.20and to any other authority that the commissioner deems appropriate. In any case
53.21in which the commissioner submits a report of alleged violations to the head of the
53.22employing agency or appropriate appointing authority, that individual shall report to the
53.23commissioner with respect to any action taken by the individual regarding the activity, the
53.24first report being transmitted no later than 30 days after the date of the auditor's report,
53.25and monthly thereafter until final action has been taken.
53.26 (c) This subdivision shall not limit any authority conferred upon the attorney general
53.27or other department or agency of government to investigate and prosecute any matter.
53.28 (d) The commissioner shall have all the powers and authority described in this
53.29section to conduct investigations pursuant to this subdivision.
53.30 Sec. 9. [177.275] INVESTIGATION PROCEDURE.
53.31 (a) The commissioner shall initiate an investigation of a written complaint of
53.32reprisal or retaliation in public employment as prohibited by section 181.932 or 181.9325
53.33within ten working days of its submission. The commissioner shall complete findings
53.34of the investigation within 60 working days thereafter, and shall provide a copy of the
54.1findings to the complaining employee or applicant for employment and to the appropriate
54.2supervisor, manager, employee, or appointing authority. When the allegations contained
54.3in a complaint of reprisal or retaliation are the same as, or similar to, those contained in
54.4another appeal, the commissioner may consolidate the appeals into the most appropriate
54.5format. In these cases, the time limits described in this subdivision shall not apply.
54.6 (b) If the commissioner finds that the supervisor, manager, employee, or appointing
54.7power retaliated against the complainant for engaging in protected whistle-blower
54.8activities, the commissioner may issue a compliance order under section 177.27,
54.9subdivision 4.
54.10 (c) In order for the governor and the legislature to determine the need to continue
54.11or modify state personnel procedures as they relate to the investigations of reprisals or
54.12retaliation for the disclosure of information by public employees, the commissioner, by
54.13June 30 of each year, shall submit a report to the governor and the legislature regarding
54.14complaints filed, hearings held, and legal actions taken under this section.
54.15 Sec. 10. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
54.16 Subdivision 1. General authority. The commissioner may adopt rules, including
54.17definitions of terms, to carry out the purposes of sections177.21 to
177.35
54.18prevent the circumvention or evasion of those sections, and to safeguard the minimum
54.19wage and overtime rates established by sections177.24 and
177.25 .
54.20 Sec. 11. Minnesota Statutes 2006, section 177.30, is amended to read:
54.21177.30 KEEPING RECORDS; PENALTY.
54.22 Every employer subject to sections177.21 to
177.35
54.23record of:
54.24 (1) the name, address, and occupation of each employee;
54.25 (2) the rate of pay, and the amount paid each pay period to each employee;
54.26 (3) the hours worked each day and each workweek by the employee;and
54.27 (4) for each employer subject to sections 177.41 to 177.44, and while performing
54.28work on public works projects funded in whole or in part with state funds, the prevailing
54.29wage master job classification of each employee working on the project for each hour
54.30worked; and
54.31(4) (5) other information the commissioner finds necessary and appropriate to
54.32enforce sections177.21 to
177.35 . The records must be kept for three years in or near the
54.33premises where an employee works except each employer subject to sections 177.41 to
54.34177.44, and while performing work on public works projects funded in whole or in part
55.1with state funds, the records must be kept for three years after the contracting authority
55.2has made final payment on the public works project.
55.3 The commissioner may fine an employer up to $1,000 for each failure to maintain
55.4records as required by this section. This penalty is in addition to any penalties provided
55.5under section177.32, subdivision 1 . In determining the amount of a civil penalty under
55.6this subdivision, the appropriateness of such penalty to the size of the employer's business
55.7and the gravity of the violation shall be considered.
55.8 Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
55.9 Subd. 3. Contract requirements. The contract must specifically state the prevailing
55.10wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
55.11provide that the contracting authority may demand and the contractor or subcontractor
55.12shall furnish to the contracting authority, copies of any and all payrolls, and that the
55.13contracting authority may examine all records relating to wages paid laborers or mechanics
55.14on work to which sections 177.41 to 177.44 apply. The requirements of this subdivision
55.15are in addition to any other requirements or authority set forth in other laws or rules for
55.16work to which sections 177.41 to 177.44 apply.
55.17 Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
55.18 Subd. 4. Determination by commissioner; posting; petition for reconsideration.
55.19 The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
55.20trades and occupations required in any project must be ascertained before the state asks for
55.21bids. The commissioner of labor and industry shall investigate as necessary to ascertain
55.22the information.The commissioner Each contractor and subcontractor performing work
55.23on a public project shall keep the information posted on the project in at least one
55.24conspicuous place for the information of the employees working on the project. A person
55.25aggrieved by a final determination of the commissioner may petition the commissioner for
55.26reconsideration of findings. A person aggrieved by a decision of the commissioner after
55.27reconsideration may, within 20 days after the decision, petition the commissioner for a
55.28public hearing in the manner of a contested case under sections14.57 to
14.61 .
55.29 Sec. 14. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
55.30 Subd. 6. Examination of records; investigation by the department. The
55.31Department of Labor and Industry shall enforce this section. The department may
55.32demand, and the contractor and subcontractor shall furnish to the department, copies
55.33of any or all payrolls. The department may examine all records relating to wages paid
56.1laborers or mechanics on work to which sections177.41 to
177.44 apply. The department
56.2shall employ at least three investigators to perform on-site project reviews, receive and
56.3investigate complaints of violations of this section, and conduct training and outreach to
56.4contractors and contracting authorities for public works projects financed in whole or
56.5in part with state funds.
56.6 Sec. 15. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
56.7to read:
56.8 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
56.9employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
56.10177.44, the commissioner shall issue a withholding order to the contracting authority
56.11ordering the contracting authority to withhold payment of sufficient sum to the prime
56.12or general contractor on the project to satisfy the back wages assessed or otherwise
56.13cure the violation, and the contracting authority must withhold the sum ordered until
56.14the compliance order has become a final order of the commissioner and has been fully
56.15paid or otherwise resolved by the employer.
56.16 During an investigation of a violation of sections 177.41 to 177.44 which the
56.17commissioner reasonably determines is likely to result in the finding of a violation of
56.18sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
56.19177.27, subdivision 4, the commissioner may notify the contracting authority of the
56.20determination and the amount expected to be assessed and the contracting authority shall
56.21give the commissioner 90 days' prior notice of the date the contracting authority intends to
56.22make final payment.
56.23 Sec. 16. [181.723] INDEPENDENT CONTRACTORS.
56.24 Subdivision 1. Scope. The definitions in this subdivision apply to this section.
56.25 (a) "Person" means any individual, limited liability corporation, corporation,
56.26partnership, incorporated or unincorporated association, sole proprietorship, joint stock
56.27company, or any other legal or commercial entity.
56.28 (b) "Department" means the Department of Labor and Industry.
56.29 (c) "Commissioner" means the commissioner of labor and industry or a duly
56.30designated representative of the commissioner who is either an employee of the
56.31Department of Labor and Industry or person working under contract with the Department
56.32of Labor and Industry.
56.33 (d) "Individual" means a human being.
56.34 (e) "Day" means calendar day unless otherwise provided.
57.1 (f) "Knowingly" means knew or could have known with the exercise of reasonable
57.2diligence.
57.3 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
57.4contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
57.5records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
57.6maintained in any form or manner.
57.7 Subd. 2. Limited application. This section only applies to individuals performing
57.8public or private sector commercial or residential building construction or improvement
57.9services.
57.10 Subd. 3. Employee-employer relationship. Except as provided in subdivision
57.114, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
57.12individual who performs services for a person that are in the course of the person's trade,
57.13business, profession, or occupation is an employee of that person and that person is an
57.14employer of the individual.
57.15 Subd. 4. Independent contractor. An individual is an independent contractor and
57.16not an employee of the person for whom the individual is performing services in the course
57.17of the person's trade, business, profession, or occupation only if (a) the individual holds
57.18a current independent contractor exemption certificate issued by the commissioner; and
57.19(b) the individual is performing services for the person under the independent contractor
57.20exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b)
57.21must be met in order to qualify as an independent contractor and not as an employee of
57.22the person for whom the individual is performing services in the course of the person's
57.23trade, business, profession, or occupation.
57.24 Subd. 5. Application. To obtain an independent contractor exemption certificate,
57.25the individual must submit, in the manner prescribed by the commissioner, a complete
57.26application and the certificate fee required under subdivision 14.
57.27 (a) A complete application must include all of the following information:
57.28 (1) the individual's full name;
57.29 (2) the individual's residence address and telephone number;
57.30 (3) the individual's business name, address, and telephone number;
57.31 (4) the services for which the individual is seeking an independent contractor
57.32exemption certificate;
57.33 (5) the individual's Social Security number;
57.34 (6) the individual's or the individual's business federal employer identification
57.35number, if a number has been issued to the individual or the individual's business;
58.1 (7) any information or documentation that the commissioner requires by rule that
58.2will assist the department in determining whether to grant or deny the individual's
58.3application; and
58.4 (8) The individual's sworn statement that the individual meets all of the following
58.5conditions:
58.6 (i) the individual maintains a separate business with the individual's own office,
58.7equipment, materials, and other facilities;
58.8 (ii) the individual holds or has applied for a federal employer identification number
58.9or has filed business or self-employment income tax returns with the federal Internal
58.10Revenue Service if the person has performed services in the previous year for which the
58.11individual is seeking the independent contractor exemption certificate;
58.12 (iii) the individual operates under contracts to perform specific services for specific
58.13amounts of money and under which the individual controls the means of performing the
58.14services;
58.15 (iv) the individual incurs the main expenses related to the service that the individual
58.16performs under contract;
58.17 (v) the individual is responsible for the satisfactory completion of services that the
58.18individual contracts to perform and is liable for a failure to complete the service;
58.19 (vi) the individual receives compensation for service performed under a contract on
58.20a commission or per-job or competitive bid basis and not on any other basis;
58.21 (vii) the individual may realize a profit or suffer a loss under contracts to perform
58.22service;
58.23 (viii) the individual has continuing or recurring business liabilities or obligations; and
58.24 (ix) the success or failure of the individual's business depends on the relationship of
58.25business receipts to expenditures.
58.26 (b) Within 30 days of receiving a complete application and the certificate fee, the
58.27commissioner must either grant or deny the application. The commissioner may deny
58.28an application for an independent contractor exemption certificate if the individual has
58.29not submitted a complete application and certificate fee or if the individual does not
58.30meet all of the conditions for holding the independent contractor exemption certificate.
58.31The commissioner may revoke an independent contractor exemption certificate if the
58.32commissioner determines that the individual no longer meets all of the conditions for
58.33holding the independent contractor exemption certificate, commits any of the actions
58.34set out in subdivision 7, or fails to cooperate with a department investigation into the
58.35continued validity of the individual's certificate. Once issued, an independent contractor
58.36exemption certificate remains in effect for two years unless:
59.1 (1) revoked by the commissioner; or
59.2 (2) canceled by the individual.
59.3 (c) If the department denies an individual's original or renewal application for
59.4an independent contractor exemption certificate or revokes an independent contractor
59.5exemption certificate, the commissioner shall issue to the individual an order denying or
59.6revoking the certificate. The commissioner may issue an administrative penalty order to
59.7an individual or person who commits any of the actions set out in subdivision 7.
59.8 (d) An individual or person to whom the commissioner issues an order under
59.9paragraph (c) shall have 30 days after service of the order to request a hearing. The request
59.10for hearing must be in writing and must be served on or faxed to the commissioner at the
59.11address or fax number specified in the order by the 30th day after service of the order.
59.12If the individual does not request a hearing or if the individual's request for a hearing is
59.13not served on or faxed to the commissioner by the 30th day after service of the order, the
59.14order shall become a final order of the commissioner and will not be subject to review
59.15by any court or agency. The date on which a request for hearing is served by mail shall
59.16be the postmark date on the envelope in which the request for hearing is mailed. If the
59.17individual serves or faxes a timely request for hearing, the hearing shall be a contested
59.18case hearing and shall be held in accordance with chapter 14.
59.19 Subd. 6. Qualifications for exemption certificate. An individual is performing
59.20services for a person under an independent contractor exemption certificate if:
59.21 (a) the individual is performing services listed on the individual's independent
59.22contractor exemption certificate;
59.23 (b) at the time the individual is performing services listed on the individual's
59.24independent contractor exemption certificate, the individual meets all of the following
59.25conditions:
59.26 (1) the individual maintains a separate business with the individual's own office,
59.27equipment, materials, and other facilities;
59.28 (2) the individual holds or has applied for a federal employer identification number
59.29or has filed business or self-employment income tax returns with the federal Internal
59.30Revenue Service if the individual performed services in the previous year for which the
59.31individual has the independent contractor exemption certificate;
59.32 (3) the individual is operating under contract to perform the specific services for
59.33the person for specific amounts of money and under which the individual controls the
59.34means of performing the services;
59.35 (4) the individual is incurring the main expenses related to the services that the
59.36individual is performing for the person under the contract;
60.1 (5) the individual is responsible for the satisfactory completion of the services
60.2that the individual has contracted to perform for the person and is liable for a failure
60.3to complete the services;
60.4 (6) the individual receives compensation from the person for the services performed
60.5under the contract on a commission or per-job or competitive bid basis and not on any
60.6other basis;
60.7 (7) the individual may realize a profit or suffers a loss under the contract to perform
60.8services for the person;
60.9 (8) the individual has continuing or recurring business liabilities or obligations; and
60.10 (9) the success or failure of the individual's business depends on the relationship of
60.11business receipts to expenditures.
60.12 Subd. 7. Prohibited activities. (a) An individual shall not:
60.13 (1) perform work as an independent contractor who meets the qualifications under
60.14subdivision 6, without first obtaining from the department an independent contractor
60.15exemption certificate;
60.16 (2) perform work as an independent contractor when the department has denied or
60.17revoked the individual's independent contractor exemption certificate;
60.18 (3) transfer to another individual or allow another individual to use the individual's
60.19independent contractor exemption certificate;
60.20 (4) alter or falsify an independent contractor exemption certificate;
60.21 (5) misrepresent the individual's status as an independent contractor; or
60.22 (6) make a false material statement, representation, or certification; omit material
60.23information; or alter, conceal, or fail to file a document required by this section or any rule
60.24promulgated by the commissioner under rulemaking authority set out in this section.
60.25 (b) A person shall not:
60.26 (1) require an individual through coercion, misrepresentation, or fraudulent means to
60.27adopt independent contractor status;
60.28 (2) knowingly misrepresent that an individual who has not been issued an
60.29independent contractor exemption certificate or is not performing services for the person
60.30under an independent contractor exemption certificate is an independent contractor; or
60.31 (3) make a false material statement, representation, or certification; omit material
60.32information; or alter, conceal, or fail to file a document required by this section or any rule
60.33promulgated by the commissioner under rulemaking authority set out in this section.
60.34 (c) A person for whom an individual is performing services must obtain a copy of the
60.35individual's independent contractor exemption certificate before services may commence.
61.1A copy of the independent contractor exemption certificate must be retained for five years
61.2from the date of receipt by the person for whom an individual is performing services.
61.3 Subd. 8. Remedies. An individual or person who violates any provision of
61.4subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
61.5each violation. The department shall deposit penalties in the assigned risk safety account.
61.6 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
61.7section, the commissioner may:
61.8 (1) administer oaths and affirmations, certify official acts, interview, question, take
61.9oral or written statements, and take depositions;
61.10 (2) request, examine, take possession of, photograph, record, and copy any
61.11documents, equipment, or materials;
61.12 (3) at a time and place indicated by the commissioner, request persons to appear
61.13before the commissioner to give testimony and produce documents, equipment, or
61.14materials;
61.15 (4) issue subpoenas to compel persons to appear before the commissioner to give
61.16testimony and produce documents, equipment, or materials; and
61.17 (5) with or without notice, enter without delay upon any property, public or private,
61.18for the purpose of taking any action authorized under this subdivision or the applicable
61.19law, including obtaining information or conducting inspections or investigations.
61.20 (b) Persons requested by the commissioner to give testimony or produce documents,
61.21equipment, or materials shall respond within the time and in the manner specified by the
61.22commissioner. If no time to respond is specified in the request, then a response shall be
61.23submitted within 30 days of the commissioner's service of the request.
61.24 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
61.25owner's representative, or lessee's representative to permit the commissioner's entry onto
61.26property as provided in paragraph (a), the commissioner may apply for an administrative
61.27inspection order in the Ramsey County District Court or, at the commissioner's discretion,
61.28in the district court in the county in which the property is located. The commissioner may
61.29anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
61.30property owner's representative, or lessee's representative has refused to permit entry on a
61.31prior occasion or has informed the commissioner that entry will be refused. Upon showing
61.32of administrative probable cause by the commissioner, the district court shall issue an
61.33administrative inspection order that compels the property owner or lessee to permit the
61.34commissioner to enter the property for the purposes specified in paragraph (a).
62.1 (d) Upon the application of the commissioner, a district court shall treat the failure of
62.2any person to obey a subpoena lawfully issued by the commissioner under this subdivision
62.3as a contempt of court.
62.4 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
62.5on a person under this section may be by mail, by personal service, or in accordance with
62.6any consent to service filed with the commissioner. Service by mail shall be accomplished
62.7in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
62.8shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
62.9subpart 3.
62.10 Subd. 11. Facsimile; timely service. When this section permits a request for
62.11hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
62.12pages in length. The request shall be considered timely served if the facsimile is received
62.13by the commissioner, at the facsimile number identified by the commissioner in the order,
62.14no later than 4:30 p.m. central time on the last day permitted for faxing the request.
62.15Where the quality or authenticity of the faxed request is at issue, the commissioner
62.16may require the original request to be filed. Where the commissioner has not identified
62.17quality or authenticity of the faxed request as an issue and the request has been faxed in
62.18accordance with this subdivision, the person faxing the request does not need to file the
62.19original request with the commissioner.
62.20 Subd. 12. Time period computation. In computing any period of time prescribed
62.21or allowed by this section, the day of the act, event, or default from which the designated
62.22period of time begins to run shall not be included. The last day of the period so computed
62.23shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
62.24period runs until the next day which is not a Saturday, Sunday, or legal holiday.
62.25 Subd. 13. Rulemaking. The commissioner may, in consultation with the
62.26commissioner of revenue and the commissioner of employment and economic
62.27development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
62.28of chapter 14 that relate to the commissioner's responsibilities under this section. This
62.29subdivision is effective the day following final enactment.
62.30 Subd. 14. Fee. The certificate fee for the original application and for the renewal
62.31of an independent contractor exemption certificate shall be $150. If an individual
62.32simultaneously submits an application for both an independent contractor exemption
62.33certificate under this section and a license under section 326.84, the application fee for
62.34the independent contractor exemption certificate shall be reduced to $100. Fees collected
62.35under this subdivision are deposited in the general fund.
63.1 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
63.2the commissioner has reason to believe that an individual who holds a certificate has failed
63.3to maintain all the conditions required by subdivision 3 or is not performing services for a
63.4person under the independent contractor exemption certificate, the commissioner must
63.5notify the commissioner of revenue and the commissioner of employment and economic
63.6development. Upon receipt of notification from the commissioner that an individual who
63.7holds a certificate has failed to maintain all the conditions required by subdivision 3
63.8or is not performing services for a person under the independent contractor exemption
63.9certificate, the commissioner of revenue must review the information returns required
63.10under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
63.11also review the submitted certification that is applicable to returns audited or investigated
63.12under section 289A.35.
63.13 Subd. 16. Data classified. Certifications issued by the commissioner are public
63.14data. Applications and required documentation submitted by an individual is private
63.15data on an individual. Upon request of the Department of Revenue or the Department
63.16of Employment and Economic Development, the commissioner may release to the
63.17Department of Revenue and the Department of Employment and Economic Development
63.18applications and required documentation submitted by individuals and investigative data
63.19that relates to the department's issuance or denial of applications and the department's
63.20revocations of certificates. Except as otherwise provided by this subdivision, the
63.21department's investigative data shall be classified as provided in chapter 13.
63.22EFFECTIVE DATE.This section is effective July 1, 2008.
63.23 Sec. 17. [181.724] PERFORMERS IN RECORDED MEDIA INDUSTRY.
63.24 Subdivision 1. Definitions. The definitions in this subdivision apply to section
63.25181.724.
63.26 (a) "Performer" means actor, announcer, singer, dancer, narrator, stunt-person, extra,
63.27or any other individual generically or customarily referred to as talent in the recorded
63.28media industry.
63.29 (b) "Recorded media industry" means radio or television commercial production,
63.30nonbroadcast audio or video production, sound recording, audio or video production for
63.31the internet, or any other recording technology.
63.32 (c) "Individual" means a human being.
63.33 (d) "Person" means any individual, limited liability corporation, corporation,
63.34partnership, incorporated or unincorporated association, sole proprietorship, joint stock
63.35company, or any other legal or commercial entity.
64.1 Subd. 2. Limited application. This section applies only to individuals who
64.2are performers in the recorded media industry. This section does not apply to live
64.3performances.
64.4 Subd. 3. Employee-employer relationship. For the purposes of chapters 176,
64.5177, 181A, 182, and 268, an individual who provides services as a performer in the
64.6recorded media industry for a person that are in the course of the person's trade, business,
64.7profession, or occupation is an employee of that person and that person is an employer of
64.8the individual.
64.9 Subd. 4. Civil remedy. An individual who has been injured by a violation of this
64.10section may bring a civil action for damages against the violator. If the individual is
64.11an employee of the violator of this section, the employee's representative, as defined in
64.12section 179.01, subdivision 5, may bring a civil action for damages against the violator on
64.13behalf of the employee. The court may award attorney fees, costs, and disbursement to an
64.14individual recovering under this section.
64.15 Subd. 5. Reporting of violations. Any court finding that a violation of this section
64.16has occurred shall transmit a copy of its findings of fact and conclusions of law to the
64.17commissioner of labor and industry. The commissioner of labor and industry shall report
64.18the finding to relevant state and federal agencies, including the commissioner of commerce,
64.19the commissioner of employment and economic development, the commissioner of
64.20revenue, the federal Internal Revenue Service, and the United States Department of Labor.
64.21EFFECTIVE DATE.This section is effective January 1, 2008.
64.22 Sec. 18. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
64.23 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
64.24threaten, otherwise discriminate against, or penalize an employee regarding the employee's
64.25compensation, terms, conditions, location, or privileges of employment because:
64.26 (a) the employee, or a person acting on behalf of an employee, in good faith, reports
64.27a violation or suspected violation of any federal or state law or rule adopted pursuant
64.28to law to an employer or to any governmental body or law enforcement official and
64.29the alleged violation involves a matter of public concern, including, but not limited to,
64.30violations that create a specific danger to the public health, safety, or environment;
64.31 (b) the employee is requested by a public body or office to participate in an
64.32investigation, hearing, inquiry;
64.33 (c) the employee refuses an employer's order to perform an action that the employee
64.34has an objective basis in fact to believe violates any state or federal law or rule or
64.35regulation adopted pursuant to law which violation the employee reasonably believes
65.1is a matter of public concern, including, but not limited to, violations that create a
65.2specific danger to the public health, safety, or environment, and the employee informs the
65.3employer that the order is being refused for that reason;or
65.4 (d) the employee, in good faith, reports a situation in which the quality of health care
65.5services provided by a health care facility, organization, or health care provider violates a
65.6standard established by federal or state law or a professionally recognized national clinical
65.7or ethical standard and potentially places the public at risk of harm.;
65.8 (e) a public employee refuses to alter, dilute, or suppress the objective representation
65.9or communication of scientific or technical data or findings, including but not limited to,
65.10findings of economic or environmental impact, or findings indicating consequences for
65.11the public's health or safety; or
65.12 (f) a public employee communicates the findings of a scientific or technical study
65.13that the employee, in good faith, believes to be truthful and accurate, including reports to a
65.14governmental body or law enforcement official.
65.15The disclosures protected pursuant to this section do not authorize the disclosure of trade
65.16secret information otherwise protected by law.
65.17 Sec. 19. [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE
65.18WITH DISCLOSURE OF INFORMATION.
65.19 (a) A public employer may not directly or indirectly use or attempt to use the
65.20employer's official authority or influence for the purpose of intimidating, threatening,
65.21coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of
65.22interfering with the rights described in section 181.932, or for the purpose of persuading
65.23the person to waive or disclaim any other legal rights related to the person's employment.
65.24 (b) For purposes of this section, "use of official authority or influence" includes:
65.25promising to confer, or conferring, any benefit; effecting, or threatening to effect, any
65.26reprisal; or taking, or directing others to take, or recommending, processing, or approving,
65.27any personnel action, including but not limited to appointment, promotion, transfer,
65.28assignment, performance evaluation, suspension, or other disciplinary action.
65.29 Sec. 20. Minnesota Statutes 2006, section 181.935, is amended to read:
65.30181.935 INDIVIDUAL REMEDIES; PENALTY.
65.31 (a) In addition to any remedies otherwise provided by law, an employee injured
65.32by a violation of section181.932 or 181.9325 may bring a civil action to recover any
65.33and all damages recoverable at law, together with costs and disbursements, including
66.1reasonable attorney's fees, and may receive such injunctive and other equitable relief as
66.2determined by the court.
66.3 (b) An employer who failed to notify, as required under section181.933 or
181.934 ,
66.4an employee injured by a violation of section181.932 is subject to a civil penalty of $25
66.5per day per injured employee not to exceed $750 per injured employee.
66.6 Sec. 21. [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER
66.7GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES.
66.8 (a) A public employee or applicant for public employment who files a written
66.9complaint with the employee's or applicant's supervisor, manager, or the appointing
66.10power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or
66.11similar improper acts prohibited by section 181.9325, may also file a copy of the written
66.12complaint with the commissioner of labor and industry, together with a sworn statement
66.13that the contents of the written complaint are true, or are believed by the affiant to be true,
66.14under penalty of perjury. The complaint filed with the commissioner shall be filed within
66.1512 months of the most recent act of reprisal complained about.
66.16 (b) Any person who intentionally engages in acts of reprisal, retaliation, threats,
66.17coercion, or similar acts against a public employee or applicant for public employment
66.18for having made a protected disclosure under section 181.932, is subject to a fine not to
66.19exceed $10,000 and imprisonment in the county jail for a period not to exceed one year.
66.20 (c) In addition to all other penalties provided by law, any person who intentionally
66.21engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public
66.22employee or applicant for public employment for having made a protected disclosure shall
66.23be liable in an action for damages brought against the person by the injured party. Punitive
66.24damages may be awarded by the court where the acts of the offending party are proven to
66.25be malicious. Where liability has been established, the injured party shall also be entitled
66.26to reasonable attorney fees as provided by law. However, any action for damages shall not
66.27be available to the injured party unless the injured party has first filed a complaint with the
66.28commissioner of labor and industry under paragraph (a), and the department has issued, or
66.29failed to issue, findings under section 177.275.
66.30 (d) This section is not intended to prevent an appointing power, manager, or
66.31supervisor from taking, directing others to take, recommending, or approving any
66.32personnel action or from taking or failing to take a personnel action with respect to any
66.33public employee or applicant for public employment if the appointing power, manager, or
66.34supervisor reasonably believes any action or inaction is justified on the basis of evidence
67.1separate and apart from the fact that the person has made a protected disclosure under
67.2section 181.932.
67.3 (e) In any civil action or administrative proceeding, once it has been demonstrated
67.4by a preponderance of evidence that an activity protected by sections 177.27, 177.275,
67.5181.932, and 181.9325 was a contributing factor in the alleged retaliation against a former,
67.6current, or prospective employee, the burden of proof shall be on the supervisor, manager,
67.7or appointing power to demonstrate by clear and convincing evidence that the alleged
67.8action would have occurred for legitimate, independent reasons even if the employee had
67.9not engaged in protected disclosures or refused an illegal order. If the supervisor, manager,
67.10or appointing power fails to meet this burden of proof in an adverse action against the
67.11employee in any administrative review, challenge, or adjudication in which retaliation
67.12has been demonstrated to be a contributing factor, the employee shall have a complete
67.13affirmative defense in the adverse action.
67.14 (f) Nothing in sections 177.27, 177.275, 181.932, and 181.9325 shall be deemed to
67.15diminish the rights, privileges, or remedies of any employee under any other federal or
67.16state law or under any employment contract or collective bargaining agreement.
67.17 Sec. 22. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
67.18 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
67.19during some part of the period of the sales representative agreement:
67.20 (1) is a resident of Minnesota or maintains that person's principal place of business
67.21in Minnesota; or
67.22 (2) whose geographical territory specified in the sales representative agreement
67.23includes part or all of Minnesota.
67.24 (b) To be effective, any demand for arbitration under subdivision 5 must be made
67.25in writing and delivered to the principal on or before one year after the effective date of
67.26the termination of the agreement.
67.27 (c) A provision in any contract between a sales representative dealing in plumbing
67.28equipment or supplies and a principal purporting to waive any provision of this act,
67.29whether by express waiver or by a provision stipulating that the contract is subject to the
67.30laws of another state, shall be void.
67.31 Sec. 23. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
67.32 Subdivision 1. Rules. The statecommissioner of health Plumbing Board may, by
67.33rule, prescribe minimum standards which shall be uniform, and which standards shall
67.34thereafter be effective for all new plumbing installations, including additions, extensions,
68.1alterations, and replacements connected with any water or sewage disposal system owned
68.2or operated by or for any municipality, institution, factory, office building, hotel, apartment
68.3building, or any other place of business regardless of location or the population of the
68.4city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
68.54715.3130, as they apply to review of plans and specifications, the commissioner may
68.6allow plumbing construction, alteration, or extension to proceed without approval of the
68.7plans or specifications by the commissioner.
68.8 Except for powers granted to the Plumbing Board, the commissioner of labor and
68.9industry shall administer the provisions of sections326.37 to
326.45 and for such purposes
68.10may employ plumbing inspectors and other assistants.
68.11 Sec. 24. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
68.12to read:
68.13 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
68.14Mechanical devices and fittings with internal moving parts are prohibited from installation
68.15in plumbing venting systems.
68.16 (b) All urinals covered under the jurisdiction of the state plumbing code must have a
68.17water flush device with a volume of not more than one gallon per use.
68.18 Sec. 25. [326.372] PLUMBING BOARD.
68.19 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 12 voting
68.20members who must be residents of the state, appointed by the governor, and confirmed
68.21by the senate. The commissioner of labor and industry or the commissioner's designee
68.22shall be a voting member. The first appointed board members shall serve an initial term
68.23of four years, except where designated otherwise. The governor shall then reappoint the
68.24current members or appoint replacement members, all or in part, to subsequent three-year
68.25terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
68.26occurring with less than six months time remaining in the term shall be filled for the
68.27existing term and the following three-year term. Of the 11 appointed members, the
68.28composition shall be as follows:
68.29 (1) two members shall be municipal plumbing inspectors, one from the seven-county
68.30metro area and one from greater Minnesota;
68.31 (2) one member shall be a licensed mechanical engineer;
68.32 (3) two members serving an initial term of three years shall be plumbing contractors
68.33or the representative of the contractor, engaged in a commercial scope of plumbing
68.34contracting, one from the metropolitan area and one from greater Minnesota;
69.1 (4) two members serving an initial term of three years shall be plumbing contractors
69.2or their representatives, engaged in the residential scope of plumbing contracting, one
69.3from the metro area and one from greater Minnesota;
69.4 (5) two members serving an initial term of two years shall be plumbing
69.5journeypersons engaged in a commercial scope of plumbing systems installation, one
69.6from the metro area and one from greater Minnesota; and
69.7 (6) two members serving an initial term of two years shall be plumbing
69.8journeypersons engaged in a residential scope of plumbing systems installation, one from
69.9the metro area and one from greater Minnesota.
69.10 (b) Except for the licensed mechanical engineer, all persons appointed to the
69.11council must possess a current Minnesota plumbing license and maintain the license for
69.12the duration of their term.
69.13 Subd. 2. Powers. (a) The board shall have the power to:
69.14 (1) elect its chair;
69.15 (2) specify the plumbing code that must be followed in this state;
69.16 (3) maintain a review process to make determinations regarding any complaints,
69.17code amendments, code compliance, and code clarifications filed with the board;
69.18 (4) adopt rules necessary for the regulation and licensing of contractors,
69.19journeypersons, apprentices, and other persons engaged in the design, installation, and
69.20alteration of plumbing systems that would include the issuing, renewing, revoking,
69.21refusing to renew, and suspending a plumbing license, except for persons licensed under
69.22sections 326.02 to 326.15;
69.23 (5) adopt rules necessary for continuing education for individuals regulated and
69.24licensed under this section;
69.25 (6) make recommendations to the commissioner regarding educational requirements
69.26for plumbing inspectors; and
69.27 (7) pay expenses deemed necessary in the performance of board duties, including:
69.28 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
69.29subdivision 2; and
69.30 (ii) per diem and expenses for its members as provided in section 15.0575,
69.31subdivision 3.
69.32 (b) Requests under the review process in paragraph (a), clause (3), may originate
69.33with the municipal inspectors, the plumbing contractors or their employees, and other
69.34persons engaged in the design, installation, and alteration of plumbing systems. The board
69.35shall make its findings known to all parties and the commissioner of labor and industry
69.36within the time period specified by the board.
70.1 Subd. 3. Fees and finances. The board shall submit an annual budget to the
70.2commissioner of labor and industry. The commissioner shall collect fees under section
70.3326.42 necessary for the operation and continuance of the board. The commissioner is
70.4responsible for the enforcement of the codes and licensing requirements determined by
70.5the board. The board shall recommend the fees for licenses and certification under this
70.6section. The commissioner of finance shall make a quarterly certification of the amount
70.7necessary to pay expenses required for operation of the board under subdivision 2,
70.8paragraph (a), clause (6). The certified amount is appropriated in fiscal years 2008 and
70.92009 to the board for those purposes from the fees collected under section 326.42.
70.10 Subd. 4. Transfer of authority; Plumbing Board. The authority of the
70.11commissioners of health and labor and industry to adopt rules relating to plumbers is
70.12transferred to the Plumbing Board. Licenses and permits currently in effect remain in
70.13effect according to their terms unless affected by board action. Rules adopted by the
70.14commissioner of health or labor and industry remain in effect until amended or repealed
70.15by the board. The commissioner of administration may not use the authority under section
70.1616B.37 to modify the transfers of authority in this act.
70.17 Subd. 5. First meeting; appointments for Plumbing Board. The governor must
70.18complete the appointments required by section 326.372 no later than July 1, 2007. The
70.19commissioner of labor and industry shall convene the first meeting of the Plumbing Board
70.20no later than September 1, 2007.
70.21 Sec. 26. Minnesota Statutes 2006, section 326.38, is amended to read:
70.22326.38 LOCAL REGULATIONS.
70.23 Any city having a system of waterworks or sewerage, or any town in which reside
70.24over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
70.25airports commission, may, by ordinance, adopt local regulations providing for plumbing
70.26permits, bonds, approval of plans, and inspections of plumbing, which regulations are
70.27not in conflict with the plumbing standards on the same subject prescribed by the state
70.28commissioner of health Plumbing Board. No city or such town shall prohibit plumbers
70.29licensed by the state commissioner ofhealth labor and industry from engaging in or
70.30working at the business, except cities and statutory cities which, prior to April 21, 1933,
70.31by ordinance required the licensing of plumbers. No city or town may require a license
70.32for persons performing building sewer or water service installation who have completed
70.33pipe laying training as prescribed by the commissioner of labor and industry. Any city
70.34by ordinance may prescribe regulations, reasonable standards, and inspections and grant
70.35permits to any person, firm, or corporation engaged in the business of installing water
71.1softeners, who is not licensed as a master plumber or journeyman plumber by the state
71.2commissioner ofhealth labor and industry, to connect water softening and water filtering
71.3equipment to private residence water distribution systems, where provision has been
71.4previously made therefor and openings left for that purpose or by use of cold water
71.5connections to a domestic water heater; where it is not necessary to rearrange, make any
71.6extension or alteration of, or addition to any pipe, fixture or plumbing connected with
71.7the water system except to connect the water softener, and provided the connections so
71.8made comply with minimum standards prescribed by the statecommissioner of health
71.9Plumbing Board.
71.10 Sec. 27. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
71.11 Subdivision 1. License required; master and journeyman plumbers. In any city
71.12now or hereafter having 5,000 or more population, according to the last federal census,
71.13and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
71.14engage in or work at the business of a master plumberor, restricted master plumber,
71.15journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
71.16state commissioner ofhealth labor and industry. A license is not required for persons
71.17performing building sewer or water service installation who have completed pipe laying
71.18training as prescribed by the commissioner of labor and industry. A master plumber may
71.19also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
71.20master plumber. A journeyman plumber may also work as a restricted journeyman
71.21plumber. Anyone not so licensed may do plumbing work which complies with the
71.22provisions of the minimum standard prescribed by the statecommissioner of health
71.23Plumbing Board on premises or that part of premises owned and actually occupied by the
71.24worker as a residence, unless otherwise forbidden to do so by a local ordinance.
71.25In any such city (b) No person, firm, or corporation shall engage in the business of
71.26installing plumbing nor install plumbing in connection with the dealing in and selling
71.27of plumbing material and supplies unless at all times a licensed master plumber, or in
71.28cities and towns with a population of fewer than 5,000 according to the federal census a
71.29restricted master plumber, who shall be responsible for proper installation, is in charge
71.30of the plumbing work of the person, firm, or corporation.
71.31 TheDepartment of Health Plumbing Board shall prescribe rules, not inconsistent
71.32herewith, for the examination and licensing of plumbers.
71.33 Sec. 28. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
72.1 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
72.2of practical plumbing experience is eligible to take the journeyman plumbing examination.
72.3Up to 24 months of practical plumbing experience prior to registration as an apprentice
72.4may be applied to the four-year experience requirement. However, none of this practical
72.5plumbing experience may be applied if the person did not have any practical plumbing
72.6experience in the 12-month period immediately prior to registration. Thecommissioner
72.7Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
72.8experience is applicable in preparing for the journeyman's examination. If two years
72.9after completing the training the person has not taken the examination, the four years
72.10of experience shall be forfeited.
72.11 The commissioner may allow an extension of the two-year period for taking the
72.12exam for cases of hardship or other appropriate circumstances.
72.13 Sec. 29. [326.402] RESTRICTED PLUMBER LICENSE.
72.14 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
72.15restricted journeyman or master plumber license to an individual if:
72.16 (1) the individual completes an application with information required by the
72.17commissioner of labor and industry;
72.18 (2) the completed application is accompanied by a fee of $90;
72.19 (3) the commissioner of labor and industry receives the completed application and
72.20fee before January 1, 2008;
72.21 (4) the completed application demonstrates that the applicant has had at least two
72.22years for a restricted journeyman plumber license or four years for a restricted master
72.23plumber license of practical plumbing experience in the plumbing trade prior to the
72.24application; and
72.25 (5) during the entire time for which the applicant is claiming experience in
72.26contracting for plumbing work under clause (4), the applicant was in compliance with all
72.27applicable requirements of section 326.40.
72.28 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
72.29plumber may engage in the plumbing trade in all areas of the state except in cities and
72.30towns with a population of more than 5,000 according to the federal census.
72.31 Subd. 3. Application period. Applications for restricted master plumber and
72.32restricted journeyman plumber licenses must be submitted to the commissioner prior
72.33to January 1, 2008.
72.34 Subd. 4. Renewal; use period for license. A restricted master plumber and
72.35restricted journeyman plumber license must be renewed annually for as long as that
73.1licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
73.2restricted journeyman plumber license within 12 months after the expiration date will
73.3result in permanent forfeiture of the restricted master plumber and restricted journeyman
73.4plumber license.
73.5 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
73.6journeyman plumber license may not be transferred or sold to any other person.
73.7 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
73.8bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
73.9provided by section 326.40, subdivision 3, applies.
73.10 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
73.11journeyman plumber licenses is the same fee as for a master or journeyman plumber
73.12license, respectively.
73.13 Sec. 30. Minnesota Statutes 2006, section 326.405, is amended to read:
73.14326.405 RECIPROCITY WITH OTHER STATES.
73.15The commissioner of health may license without examination, upon payment of the
73.16required fee, nonresident applicants who are licensed under the laws of a state having
73.17standards for licensing plumbers which the commissioner determines are substantially
73.18equivalent to the standards of this state if the other state grants similar privileges to
73.19Minnesota residents duly licensed in this state. The commissioner may issue a temporary
73.20license without examination, upon payment of the required fee, nonresident applicants
73.21who are licensed under the laws of a state having standards for licensing which the
73.22commissioner determines are substantially equivalent to the standards of this state if
73.23the other state grants similar privileges to Minnesota residents duly licensed in this
73.24state. Applicants who receive a temporary license under this section may acquire an
73.25aggregate of 24 months of experience before they have to apply and pass the licensing
73.26examination. Applicants must register with the commissioner of labor and industry and
73.27the commissioner shall set a fee for a temporary license. Applicants have five years in
73.28which to comply with this section.
73.29 Sec. 31. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
73.30 Subdivision 1. Application. Applications for plumber's license shall be made to the
73.31state commissioner ofhealth labor and industry, with fee. Unless the applicant is entitled
73.32to a renewal, the applicant shall be licensed by the state commissioner ofhealth labor and
73.33industry only after passing a satisfactory examination administered by theexaminers
73.34commissioner of labor and industry, based upon rules adopted by the Plumbing Board
74.1showing fitness. Examination fees for both journeyman and master plumbers shall be in
74.2an amount prescribed by the state commissioner ofhealth labor and industry pursuant to
74.3section144.122 . Upon being notified that of having successfully passed the examination
74.4for original license the applicant shall submit an application, with the license fee herein
74.5provided. License fees shall be in an amount prescribed by the state commissioner of
74.6health labor and industry pursuant to section
144.122 . Licenses shall expire and be
74.7renewed as prescribed by the commissioner pursuant to section144.122 .
74.8 Sec. 32. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
74.9 Subd. 2. Regulatory authority; tough person contests. All tough person contests,
74.10including amateur tough person contests, are subject to this chapter. All tough person
74.11contests are subject to American Boxing Commission (ABC) rules. Every contestant
74.12in a tough person contest shall have a physical examination prior to their bouts. Every
74.13contestant in a tough person contest shall wear padded gloves that weigh at least 12
74.14ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
74.15total rounds. Officials at tough person bouts shall be licensed under this chapter.
74.16 Sec. 33. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
74.17to read:
74.18 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
74.19ultimate fight contests, and similar sporting events are subject to this chapter.
74.20 Sec. 34. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
74.21 Subd. 2. Expiration and renewal. A licenseexpires December 31 at midnight in
74.22the year of its issuance issued after the effective date of this act is valid for one year from
74.23the date it is issued and may be renewed by filing an application for renewal with the
74.24commission and payment of the license fee. An application for a license and renewal of a
74.25license must be on a form provided by the commission. There is a 30-day grace period
74.26during which a license may be renewed if a late filing penalty fee equal to the license fee
74.27is submitted with the regular license fee. A licensee that files late shall not conduct any
74.28activity regulated by this chapter until the commission has renewed the license. If the
74.29licensee fails to apply to the commission within the 30-day grace period, the licensee must
74.30apply for a new license under subdivision 1.
74.31 Sec. 35. Minnesota Statutes 2006, section 341.321, is amended to read:
74.32341.321 FEE SCHEDULE.
75.1 (a) The fee schedule for licenses issued by the Minnesota Boxing Commission
75.2is as follows:
75.3 (1) referees,$35 $45 for each initial license and each renewal;
75.4 (2) promoters, $400 for each initial license and each renewal;
75.5 (3) judges and knockdown judges,$25 $45 for each initial license and each renewal;
75.6 (4) trainers,$35 $45 for each initial license and each renewal;
75.7 (5) ring announcers,$25 $45 for each initial license and each renewal;
75.8 (6) boxers' seconds,$25 $45 for each initial license and each renewal;
75.9 (7) timekeepers,$25 $45 for each initial license and each renewal; and
75.10 (8) boxers,$35 $45 for each initial license and each renewal.;
75.11 (9) managers, $45 for each initial license and each renewal; and
75.12 (10) ringside physicians, $45 for each initial license and each renewal.
75.13 (b) The commission shall establish and assess an event fee for each sporting event.
75.14The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
75.15determined by the commission when the sporting event is scheduled.
75.16 (c) All fees collected by the Minnesota Boxing Commission must be deposited in
75.17the Boxing Commission account in the special revenue fund.
75.18 Sec. 36. REPEALER.
75.19Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
75.20repealed.
75.21EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
75.22effective January 1, 2009.
75.25 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
75.26326.46 SUPERVISION OF HIGH PRESSURE PIPING.
75.27 The Department of Labor and Industry shall supervise all high pressure piping
75.28used on all projects in this state, and may prescribe minimum standards which shall be
75.29uniform under rules adopted by the board.
75.30 The department shall employ inspectors and other assistants to carry out the
75.31provisions of sections326.46 to
326.52 .
76.1 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
76.2to read:
76.3 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
76.4 Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
76.5 Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
76.6provide for the inspection of high pressure piping system materials and construction, and
76.7provide that it shall not be constructed or installed except in accordance with minimum
76.8state standards. The authority designated by the ordinance for issuing high pressure piping
76.9permits and assuring compliance with state standards must report to the Department of
76.10Labor and Industry all violations of state high pressure piping standards.
76.11 A municipality may not adopt an ordinance with high pressure piping standards that
76.12does not conform to the uniform standards prescribed by theDepartment of Labor and
76.13Industry board. The Department of Labor and Industry board shall specify by rule the
76.14minimum qualifications for municipal inspectors.
76.15 Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
76.16 Subd. 6. Filing and inspection fees. The Department of Labor and Industry
76.17must charge a filing fee set by thecommissioner board under section
16A.1285 for all
76.18applications for permits to construct or install high pressure piping systems. The fee for
76.19inspection of high pressure piping system construction or installation shall be set by the
76.20commissioner in consultation with the board under section16A.1285 . This subdivision
76.21does not apply where a permit is issued by a municipality complying with subdivision 2.
76.22 Sec. 5. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
76.23 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
76.24consist of 12 members who must be residents of the state, appointed by the governor, and
76.25confirmed by the senate. The commissioner of the Department of Labor and Industry or
76.26the commissioner's designee shall be a voting member. The first appointed board members
76.27shall serve an initial term of four years, except where designated otherwise. The governor
76.28shall then reappoint the current members or appoint replacement members, all or in part, to
76.29subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
76.30of the term. Vacancies occurring with less than six months time remaining in the term
76.31shall be filled for the existing term and the following three-year term. Of the 11 appointed
76.32members, the composition shall be as follows:
76.33 (1) one member shall be a high pressure piping inspector;
77.1 (2) one member shall be a licensed mechanical engineer;
77.2 (3) one member shall be a representative of the piping industry;
77.3 (4) four members shall be high pressure piping contractors or their representatives,
77.4engaged in the scope of high pressure piping, two from the metro area and two from
77.5greater Minnesota;
77.6 (5) two members shall be high pressure piping journeypersons engaged in the scope
77.7of high pressure piping systems installation, one from the metro area and one from greater
77.8Minnesota; and
77.9 (6) two members shall be representatives from utility companies in Minnesota
77.10who shall serve an initial term of two years.
77.11 (b) Except for the licensed mechanical engineer and the members from utilities
77.12companies, all persons appointed to the board must possess a current license or
77.13competency credential required for contractors and persons engaged in the design,
77.14installation, alteration, and inspection of high pressure piping systems.
77.15 Subd. 2. Powers. (a) The board shall have the power to:
77.16 (1) elect its chair;
77.17 (2) specify the high pressure piping code that must be followed in Minnesota;
77.18 (3) maintain an appeals committee to make determinations regarding any complaints,
77.19code amendments, code compliance, and code clarifications filed with the board;
77.20 (4) adopt rules necessary for the regulation and licensing of contractors,
77.21journeypersons, trainees, and persons engaged in the design, installation, alteration, and
77.22inspection of high pressure piping systems, except for persons licensed under sections
77.23326.02 to 326.15;
77.24 (5) adopt rules necessary for continuing education for individuals regulated and
77.25licensed under this section; and
77.26 (6) pay expenses deemed necessary in the performance of board duties, including:
77.27 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
77.28subdivision 2; and
77.29 (ii) per diem and expenses for its members as provided in section 15.0575,
77.30subdivision 3.
77.31 (b) Complaints filed under this section may originate with high pressure piping
77.32inspectors, contractors, or their employees, or other persons engaged in the design,
77.33installation, and alteration of a high pressure piping system. The board shall make their
77.34findings known to all parties and the commissioner of the Department of Labor and
77.35Industry within the time period specified by the board.
78.1 Subd. 3. Fee and finances. The board shall submit an annual budget to the
78.2commissioner of the Department of Labor and Industry. The commissioner shall collect
78.3fees under section 326.47, subdivision 6, necessary for the operation and continuance of
78.4the board. The commissioner is responsible for the enforcement of the codes and licensing
78.5requirements determined by the board. The board shall recommend the fees for licenses
78.6and certification under this section and for all high pressure piping system permits and
78.7submit the fee structure to the commissioner of labor and industry. The commissioner
78.8of finance shall make a quarterly certification of the amount necessary to pay expenses
78.9required for operation of the board under subdivision 2, paragraph (a), clause (6). The
78.10certified amount is appropriated in fiscal years 2008 and 2009 to the board for those
78.11purposes from the fees collected under section 326.50.
78.12 Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
78.13 Subdivision 1. License required; rules; time credit. No person shall engage in
78.14or work at the business of a contracting pipefitter unless issued an individual contracting
78.15pipefitter license to do so by the Department of Labor and Industry under rules prescribed
78.16by the board. No license shall be required for repairs on existing installations. No
78.17person shall engage in or work at the business of journeyman pipefitter unless issued an
78.18individual journeyman pipefitter competency license to do so by the Department of Labor
78.19and Industry under rules prescribed by the board. A person possessing an individual
78.20contracting pipefitter competency license may also work as a journeyman pipefitter.
78.21 No person, partnership, firm, or corporation shall install high pressure piping, nor
78.22install high pressure piping in connection with the dealing in and selling of high pressure
78.23pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
78.24individual competency license or a journeyman pipefitter individual competency license is
78.25responsible for the high pressure pipefitting work conducted by the person, partnership,
78.26firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
78.27 TheDepartment of Labor and Industry board shall prescribe rules, not inconsistent
78.28herewith, for the examination and individual competency licensing of contracting
78.29pipefitters and journeyman pipefitters and for issuance of permits by the department and
78.30municipalities for the installation of high pressure piping.
78.31 An employee performing the duties of inspector for the Department of Labor and
78.32Industry in regulating pipefitting shall not receive time credit for the inspection duties
78.33when making an application for a license required by this section.
78.34 Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
79.1 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
79.2for high pressure piping work, a person, partnership, firm, or corporation must obtain or
79.3utilize a business with a high pressure piping business license.
79.4 A person, partnership, firm, or corporation must have at all times as a full-time
79.5employee at least one individual holding an individual contracting pipefitter competency
79.6license. Only full-time employees who hold individual contracting pipefitter licenses
79.7are authorized to obtain high pressure piping permits in the name of the business. The
79.8individual contracting pipefitter competency license holder can be the employee of only
79.9one high pressure piping business at a time.
79.10 To retain its business license without reapplication, a person, partnership, firm, or
79.11corporation holding a high pressure piping business license that ceases to employ a person
79.12holding an individual contracting pipefitter competency license shall have 60 days from
79.13the last day of employment of its previous individual contracting pipefitter competency
79.14license holder to employ another license holder. The Department of Labor and Industry
79.15must be notified no later than five days after the last day of employment of the previous
79.16license holder.
79.17 No high pressure pipefitting work may be performed during any period when the
79.18high pressure pipefitting business does not have an individual contracting pipefitter
79.19competency license holder on staff. If a license holder is not employed within 60 days,
79.20the pipefitting business license shall lapse.
79.21 TheDepartment of Labor and Industry board shall prescribe by rule procedures for
79.22application for and issuance of business licenses and fees.
79.23 Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
79.24to read:
79.25 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
79.26license without examination, upon payment of the required fee, nonresident applicants
79.27who are licensed under the laws of a state having standards for licensing which the
79.28commissioner determines are substantially equivalent to the standards of this state if
79.29the other state grants similar privileges to Minnesota residents duly licensed in this
79.30state. Applicants who receive a temporary license under this section may acquire an
79.31aggregate of 24 months of experience before they have to apply and pass the licensing
79.32examination. Applicants must register with the commissioner of labor and industry and
79.33the commissioner shall set a fee for a temporary license. Applicants have five years in
79.34which to comply with this section.
80.1 Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
80.2326.50 APPLICATION; FEES.
80.3 Application for an individual contracting pipefitter competency or an individual
80.4journeyman pipefitter competency license shall be made to the Department of Labor and
80.5Industry, with fees. The applicant shall be licensed only after passing an examination
80.6administered by the Department of Labor and Industry in accordance with rules adopted
80.7by the board.
80.8 Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read:
80.9326.51 DEPARTMENT MAY REVOKE LICENSES.
80.10 Thedepartment board may revoke or suspend, for cause, any license obtained
80.11through error or fraud, or if the licensee is shown to be incompetent, or for a violation
80.12of any of its rules and regulations applicable to high pressure pipefitting work. The
80.13licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
80.14on at least ten days' notice, with the right to produce testimony. The hearing shall be
80.15held pursuant to chapter 14. Thecommissioner board shall issue a final order based on
80.16testimony and the record at hearing. One year from the date of revocation application
80.17may be made for a new license.
80.18 Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read:
80.19326.52 DEPOSIT OF FEES.
80.20 All fees received under sections326.46 to
326.52 shall be deposited by the
80.21Department of Labor and Industry to the credit of the general fund in the state treasury.
80.22The salaries and per diem of the inspectors and examiners hereinbefore provided, their
80.23expenses, and all incidental expenses of the department and board in carrying out the
80.24provisions of sections326.46 to
326.52 shall be paid from the appropriations made to the
80.25Department of Labor and Industry. The commissioner in consultation with the board by
80.26rule shall set the amount of the fees at a level that approximates, to the greatest extent
80.27possible, the salaries, per diem, and incidental expenses of the department.
80.28 Sec. 12. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
80.29SYSTEMS.
80.30 The authority of the commissioner of labor and industry to adopt rules relating to
80.31high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
80.32Licenses and permits currently in effect remain in effect according to their terms unless
81.1affected by board action. Rules adopted by the commissioner of labor and industry remain
81.2in effect until amended or repealed by the board. The commissioner of administration
81.3may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of
81.4authority in this act.
81.5 Sec. 13. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
81.6PRESSURE PIPING SYSTEMS.
81.7 The governor must complete the appointments required by Minnesota Statutes,
81.8section 326.471, no later than July 1, 2007. The commissioner of labor and industry
81.9shall convene the first meeting of the Board of High Pressure Piping Systems no later
81.10than September 1, 2007.
81.13 Section 1. [135A.135] HOCKEY HERITAGE SURCHARGE.
81.14 Subdivision 1. Imposition. A surcharge of 25 cents is imposed on each ticket or
81.15admission to an NCAA Division I Mens hockey event sponsored or held by or at a public
81.16postsecondary institution in the state.
81.17 Subd. 2. Collection, remittance. The surcharge imposed under this subdivision
81.18shall be collected by the public postsecondary institution sponsoring or holding the hockey
81.19event. The institution shall report the surcharge on a form prescribed by the commissioner
81.20of revenue and remit the surcharge with the return to the commissioner of revenue.
81.21 Subd. 3. Administration. The commissioner of revenue shall have authority to
81.22administer, collect, enforce, refund, and audit the surcharge under this section. Interest
81.23on late payments or refunds of the surcharge shall be at the rates specified under section
81.24289A.55, and penalties for failure to file, pay, or underpay the surcharge shall be at the
81.25rates provided under section 289A.60, subdivision 1, paragraph (e), and subdivision 2.
81.26 Subd. 4. Deposit of revenues. The commissioner of revenue shall deposit all
81.27revenues, including penalty and interest, derived from the surcharge imposed in this
81.28section in the hockey surcharge account in the special revenue fund. The amount deposited
81.29under this section is appropriated to the Iron Range Resources and Rehabilitation Board
81.30for payment to the city of Eveleth to be used for the support of the Hockey Hall of Fame
81.31Museum provided that it continues to operate in the city. Payments under this section for
81.32the Hockey Hall of Fame Museum are in addition to and must not be used to supplant
81.33funding under section 298.28, subdivision 9c.
82.1EFFECTIVE DATE.This section is effective for hockey events held after July
82.21, 2007.
82.3 Sec. 2. Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read:
82.4 Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby
82.5created the Iron Range Resources and Rehabilitation Board, consisting of13 ten members,
82.6five of whom are state senators appointed by the Subcommittee on Committees of the
82.7Rules Committee of the senate, and five of whom are representatives, appointed by the
82.8speaker of the house of representatives.The remaining members shall be appointed one
82.9each by the senate majority leader, the speaker of the house of representatives, and the
82.10governor and must be nonlegislators who reside in a taconite assistance area as defined in
82.11section
273.1341. The members shall be appointed in January of every odd-numbered
82.12year, except that the initial nonlegislator members shall be appointed by July 1, 1999, and
82.13shall serve until January of the next odd-numbered year. Vacancies on the board shall be
82.14filled in the same manner as the original members were chosen. At least a majority of
82.15the legislative members of the board shall be elected from state senatorial or legislative
82.16districts in which over 50 percent of the residents reside within a taconite assistance area
82.17as defined in section273.1341 . All expenditures and projects made by the commissioner
82.18of Iron Range resources and rehabilitation shall be consistent with the priorities
82.19established in subdivision 8 and shall first be submitted to the Iron Range Resources and
82.20Rehabilitation Board for approval by a majority of the board of expenditures and projects
82.21for rehabilitation purposes as provided by this section, and the method, manner, and time
82.22of payment of all funds proposed to be disbursed shall be first approved or disapproved by
82.23the board. The board shall biennially make its report to the governor and the legislature on
82.24or before November 15 of each even-numbered year. The expenses of the board shall be
82.25paid by the state from the funds raised pursuant to this section.
82.26 Sec. 3. Minnesota Statutes 2006, section 298.227, is amended to read:
82.27298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
82.28 An amount equal to that distributed pursuant to each taconite producer's taxable
82.29production and qualifying sales under section298.28, subdivision 9a , shall be held by
82.30the Iron Range Resources and Rehabilitation Board in a separate taconite economic
82.31development fund for each taconite and direct reduced ore producer. Money from the
82.32fund for each producer shall be released by the commissioner after review by a joint
82.33committee consisting of an equal number of representatives of the salaried employees and
82.34the nonsalaried production and maintenance employees of that producer. The District 11
83.1director of the United States Steelworkers of America, on advice of each local employee
83.2president, shall select the employee members. In nonorganized operations, the employee
83.3committee shall be elected by the nonsalaried production and maintenance employees.
83.4The review must be completed no later than six months after the producer presents a
83.5proposal for expenditure of the funds to the committee. The funds held pursuant to this
83.6section may be released only for acquisition of plant and stationary mining equipment
83.7and facilities for the producer or for research and development in Minnesota on new
83.8mining, or taconite, iron, or steel production technology, but only if the producer provides
83.9a matching expenditure to be used for the same purpose of at least 50 percent of the
83.10distribution based on14.7 cents per ton beginning with distributions in 2002. Effective for
83.11proposals for expenditures of money from the fund approved beginning the day following
83.12final enactment, the commissioner may release the funds only if the proposed expenditure
83.13is approved by a majority of the members of the Iron Range Resources and Rehabilitation
83.14Board. If a producer uses money which has been released from the fund prior to the day
83.15following final enactment to procure haulage trucks, mobile equipment, or mining shovels,
83.16and the producer removes the piece of equipment from the taconite tax relief area defined
83.17in section273.134 within ten years from the date of receipt of the money from the fund,
83.18a portion of the money granted from the fund must be repaid to the taconite economic
83.19development fund. The portion of the money to be repaid is 100 percent of the grant if the
83.20equipment is removed from the taconite tax relief area within 12 months after receipt of
83.21the money from the fund, declining by ten percent for each of the subsequent nine years
83.22during which the equipment remains within the taconite tax relief area. If a taconite
83.23production facility is sold after operations at the facility had ceased, any money remaining
83.24in the fund for the former producer may be released to the purchaser of the facility on
83.25the terms otherwise applicable to the former producer under this section. If a producer
83.26fails to provide matching funds for a proposed expenditure within six months after the
83.27commissioner approves release of the funds, the funds are available for release to another
83.28producer in proportion to the distribution provided and under the conditions of this section.
83.29Any portion of the fund which is not released by the commissioner within two years of its
83.30deposit in the fund shall be divided between the taconite environmental protection fund
83.31created in section298.223 and the Douglas J. Johnson economic protection trust fund
83.32created in section298.292 for placement in their respective special accounts. Two-thirds
83.33of the unreleased funds shall be distributed to the taconite environmental protection fund
83.34and one-third to the Douglas J. Johnson economic protection trust fund.
83.35EFFECTIVE DATE.This section is effective for proposals for expenditures of
83.36money from the fund the day following final enactment.
84.1 Sec. 4. APPROPRIATION; IRON RANGE RESOURCES AND
84.2REHABILITATION BOARD.
84.3 $500,000 is appropriated from the Iron Range Resources and Rehabilitation Board
84.4fund for fiscal year 2008 for allocation in this section:
84.5 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
84.6infrastructure to a peat project in Spencer Township in Aitkin County;
84.7 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
84.8Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
84.9endowment for the preservation;
84.10 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
84.11organization to employ youth for the construction of community centers; and
84.12 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
84.13construction.
84.14 These are onetime appropriations.
84.15 Sec. 5. IRRRB BUILDING.
84.16 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
84.17Minnesota is designated and named the Joe Begich Building and shall be signed as such
84.18at every entrance.
84.21 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
84.22 Subd. 6g. Personal direct supervision.The term "personal "Direct supervision"
84.23meansthat a person licensed to perform electrical work oversees and directs the electrical
84.24work performed by an unlicensed person such that:
84.25 (1)the licensed person actually reviews the electrical work performed by the
84.26unlicensed person an unlicensed individual is being supervised by an individual licensed
84.27to perform the electrical work being supervised;
84.28 (2) during the entire working day of the unlicensed individual, the licensed
84.29individual is physically present at the location where the unlicensed individual is
84.30preforming electrical work and immediately available to the unlicensed individual;
84.31 (3) the licensedperson individual is physically present and immediately available to
84.32the unlicensedperson individual at all times for assistance and direction; and
84.33 (4) electronic supervision does not meet the requirement of physically present and
84.34immediately available;
85.1 (5) the licensed individual shall review the electrical work performed by the
85.2unlicensed individual before the electrical work is operated; and
85.3(3) (6) the licensed person individual is able to and does determine that all electrical
85.4work performed by the unlicensedperson individual is performed in compliance with
85.5section326.243 .
85.6 The licensedperson individual is responsible for the compliance with section
85.7326.243
of all electrical work performed by the unlicensed person individual.
85.8 Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read:
85.9 Subdivision 1. Composition. (a) The Board of Electricity shall consist of11 12
85.10members, residents of the state, appointed by the governorof whom and confirmed by
85.11the senate. The commissioner of labor and industry or the commissioner's designee shall
85.12be a nonvoting member. The first appointed board members shall serve an initial term
85.13of four years, except where designated otherwise. The governor shall then reappoint the
85.14current members or appoint replacement members, all or in part, to subsequent three-year
85.15terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
85.16occurring with less than six months time remaining in the term shall be filled for the
85.17existing term and the following three-year term. Of the 11 appointed members, the
85.18composition shall be as follows:
85.19 (1) two shall be representatives of the electrical suppliers in the rural areas of the
85.20state,
85.21 (2) two shall be master electricians, who shall be contractors,
85.22 (3) two journeyman electricians,
85.23 (4) one registered consulting electrical engineer,
85.24 (5) two power limited technicians, who shall be technology system contractors
85.25primarily engaged in the business of installing technology circuits or systems, and
85.26 (6) two public members as defined by section214.02 .
85.27 (b) Except as provided herein, membership terms, compensation of members,
85.28removal of members, the filling of membership vacancies, and fiscal year and reporting
85.29requirements shall be as provided in sections214.07 to
214.09 . The provision of staff,
85.30administrative services and office space; the review and processing of complaints; the
85.31setting of board fees; and other provisions relating to board operations shall be as provided
85.32in chapter 214.
85.33 Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
86.1 Subd. 2. Powers. (a) The board, or the complaint committee on behalf of the board
86.2where authorized by law, shall have power to:
86.3 (1) Elect its own officers.
86.4(2) Engage and fix the compensation of inspectors, and hire employees. The salary
86.5of the executive secretary shall be established pursuant to chapter 43A. All agents and
86.6employees other than contract inspectors shall be in the classified service and shall be
86.7compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or
86.8journeyman electricians under section
326.242, subdivision 1(1) or 2(1), and shall give
86.9bond in an amount fixed by the board, conditioned upon the faithful performance of
86.10their duties.
86.11(3) (2) Pay such other expenses as it may deem necessary in the performance of its
86.12duties, including rent, supplies, and such like.
86.13 (3) Select from its members individuals to serve on any other state advisory councils,
86.14boards, or committees.
86.15 (4) Enforce the provisions of sections326.241 to
326.248 , and provide, upon
86.16request, such additional voluntary inspections and reviews as it may deem appropriate.
86.17 (5)Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
86.18censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
86.19relief and civil penalties in court as authorized by section
326.242 and other provisions of
86.20Minnesota law. Establish the committees required herein and any others deemed necessary
86.21by the board or requested by the commissioner.
86.22 (6) Adopt reasonable rules to carry out its duties under sections326.241 to
326.248
86.23and to provide for the amount and collection of fees for inspection and other services. All
86.24rules shall be adopted in accordance with chapter 14.
86.25 (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as
86.26requested by the commissioner.
86.27 (b) Except for the powers granted to the Electricity Board the commissioner of labor
86.28and industry shall administer the provisions of sections 326.241 to 326.248 and for such
86.29purposes may employ electrical inspectors and other assistants.
86.30 Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
86.31 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no
86.32person shall install, alter, repair, plan, lay out, or supervise the installing, altering, or
86.33repairing of electrical wiring, apparatus, or equipment for technology circuits or systems
86.34unless:
86.35 (1) the person is licensed by the board as a power limited technician; and
87.1 (2) the electrical work is:
87.2 (i) for a licensed contractor and the person is an employee, partner, or officer of,
87.3or is the licensed contractor; or
87.4 (ii) performed under the supervision of a master electrician or power limited
87.5technician also employed by the person's employer on technology circuits, systems,
87.6apparatus, equipment, or facilities owned or leased by the employer that are located within
87.7the limits of property owned or leased, operated, and maintained by the employer.
87.8 (b) An applicant for a power limited technician's license shall (1) be a graduate of a
87.9four-year electrical course in an accredited college or university; or (2) have had at least 36
87.10months' experience, acceptable to the board, in planning for, laying out, supervising, and
87.11installing wiring, apparatus, or equipment for power limited systems, provided however,
87.12that the board may by rule provide for the allowance of up to 12 months (2,000 hours)
87.13of experience credit for successful completion of a two-year post high school electrical
87.14course or other technical training approved by the board.
87.15 (c) The board may initially set experience requirements without rulemaking, but
87.16must adopt rules before July 1, 2004.
87.17 (d) Licensees must attain eight hours of continuing education acceptable to the
87.18board every renewal period.
87.19 (e) A person who has submitted an application by June 30, 2003, to take the alarm
87.20and communications examination administered by the board, and who has achieved a
87.21minimal score of 70 percent on the examination by September 30, 2003, may obtain a
87.22power limited technician license without further examination by submitting an application
87.23and a license fee of $30.
87.24 (f) A company holding an alarm and communication license as of June 30, 2003,
87.25may designate one person who may obtain a power limited technician license without
87.26passing an examination administered by the board by submitting an application and
87.27license fee of $30.
87.28 (g) A person who has submitted an application bySeptember 30, 2005 December
87.2931, 2007, to take the power limited technician examination administered by theboard
87.30department is not required to meet the qualifications set forth in paragraph (b).
87.31EFFECTIVE DATE.This section is effective the day following final enactment.
87.32 Sec. 5. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
87.33 Subd. 5. Unlicensedpersons individuals. (a) An unlicensed person individual
87.34means an individual who has not been licensed by the Board of Electricity as a Class A
87.35master electrician or as a Class A journeyman electrician. An unlicensed individual shall
88.1not perform electrical work required to be performed by a licensed individual unless the
88.2individual has first registered with the Board of Electricity as an unlicensed individual.
88.3Thereafter, an unlicensed individual shall not perform electrical work required to be
88.4performed by a licensed individual unless the work is performed under thepersonal direct
88.5supervision ofa person an individual actually licensed to perform such work and. The
88.6licensedelectrician individual and unlicensed persons are individual must be employed
88.7by the same employer. Licensedpersons individuals shall not permit unlicensed persons
88.8individuals to perform electrical work except under thepersonal direct supervision of
88.9a person an individual actually licensed to perform such work. Unlicensed persons
88.10individuals shall not supervise the performance of electrical work or make assignments
88.11of electrical work to unlicensedpersons individuals. Except for technology circuit or
88.12system work, licensedpersons individuals shall supervise no more than two unlicensed
88.13persons individuals. For technology circuit or system work, licensed persons individuals
88.14shall supervise no more than three unlicensedpersons individuals.
88.15 (b) Notwithstanding any other provision of this section, noperson individual other
88.16than a master electrician or power limited technician shall plan or lay out electrical wiring,
88.17apparatus, or equipment for light, heat, power, or other purposes, except circuits or
88.18systems exempted from personal licensing by subdivision 12, paragraph (b).
88.19 (c) Contractors employing unlicensedpersons performing individuals to perform
88.20electrical work shall maintain records establishing compliance with this subdivision,
88.21which that shall designate identify all unlicensed persons individuals performing electrical
88.22work, except for persons working on circuits or systems exempted from personal licensing
88.23by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
88.24records as provided for in section326.244, subdivision 6 .
88.25 (d) When a licensed individual supervises the electrical work of an unlicensed
88.26individual, the licensed individual is responsible for ensuring that the electrical work
88.27complies with sections 326.241 to 326.248 and rules adopted.
88.28 Sec. 6. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
88.29to read:
88.30 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
88.31performing electrical work for a contractor or employer shall register with the department
88.32in the manner prescribed by the commissioner. Experience credit for electrical work
88.33performed after January 1, 2008, by an applicant for a license identified in this section
88.34shall not be granted where the applicant has not registered with or is not licensed by
88.35the department.
89.1 Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
89.2 Subd. 11. Reciprocity.To the extent that any other state which provides for the
89.3licensing of electricians provides for similar action the board may grant licenses, without
89.4examination, of the same grade and class to an electrician who has been licensed by such
89.5other state for at least one year, upon payment by the applicant of the required fee and
89.6upon the board being furnished with proof that the required fee and upon the board being
89.7furnished with proof that the qualifications of the applicant are equal to the qualifications
89.8of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
89.9agreements for personal licenses with another state if approved by the board. Once
89.10approved by the board, the commissioner may issue a personal license without requiring
89.11the applicant to pass an examination provided the applicant:
89.12 (a) submits an application under section 326.242;
89.13 (b) pays the fee required under section 326.242; and
89.14 (c) holds a valid comparable license in the state participating in the agreement.
89.15 Agreements are subject to the following:
89.16 (1) The parties to the agreement must administer a statewide licensing program that
89.17includes examination and qualifying experience or training comparable to Minnesota's.
89.18 (2) The experience and training requirements under which an individual applicant
89.19qualified for examination in the qualifying state must be deemed equal to or greater than
89.20required for an applicant making application in Minnesota at the time the applicant
89.21acquired the license in the qualifying state.
89.22 (3) The applicant must have acquired the license in the qualifying state through an
89.23examination deemed equivalent to the same class of license examination in Minnesota.
89.24A lesser class of license may be granted where the applicant has acquired a greater
89.25class of license in the qualifying state and the applicant otherwise meets the conditions
89.26of this subdivision.
89.27 (4) At the time of application, the applicant must hold a valid license in the
89.28qualifying state and have held the license continuously for at least one year before making
89.29application in Minnesota.
89.30 (5) An applicant is not eligible for a license under this subdivision if the applicant
89.31has failed the same or greater class of license examination in Minnesota, or if the
89.32applicant's license of the same or greater class has been revoked or suspended.
89.33 (6) An applicant who has failed to renew a personal license for two years or more
89.34after its expiration is not eligible for a license under this subdivision.
89.35 Sec. 8. REPEALER.
90.1Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision
90.24, are repealed.
90.3EFFECTIVE DATE.This section is effective the day following final enactment.
90.6 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
90.7178.01 PURPOSES.
90.8 The purposes of this chapter are: to open to young people regardless of race, sex,
90.9creed, color or national origin, the opportunity to obtain training that will equip them for
90.10profitable employment and citizenship; to establish as a means to this end, a program
90.11of voluntary apprenticeship under approved apprentice agreements providing facilities
90.12for their training and guidance in the arts, skills, and crafts of industry and trade, with
90.13concurrent, supplementary instruction in related subjects; to promote employment
90.14opportunities under conditions providing adequate training and reasonable earnings;
90.15to relate the supply of skilled workers to employment demands; to establish standards
90.16for apprentice training; to establish an ApprenticeshipAdvisory Council Board and
90.17apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
90.18for a Division of Labor Standards and Apprenticeship within the Department of Labor
90.19and Industry; to provide for reports to the legislature regarding the status of apprentice
90.20training in the state; to establish a procedure for the determination of apprentice agreement
90.21controversies; and to accomplish related ends.
90.22 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
90.23178.02 APPRENTICESHIPADVISORY COUNCIL BOARD.
90.24 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
90.25called the commissioner, shall appoint an ApprenticeshipAdvisory Council Board,
90.26hereinafter referred to as thecouncil board, composed of three representatives each from
90.27employer and employee organizations, and two representatives of the general public. The
90.28director of education responsible for career and technical education or designee shall be an
90.29ex officio member of thecouncil board and shall serve in an advisory capacity only.
90.30 Subd. 2. Terms. Thecouncil board shall expire and the terms, compensation, and
90.31removal of appointed members shall be as provided in section15.059 , except that the
90.32council shall not expire before June 30, 2003.
91.1 Subd. 4. Duties. Thecouncil board shall meet at the call of the commissioner. It
91.2shall propose occupational classifications for apprenticeship programs; propose minimum
91.3standards for apprenticeship programs and agreements; and advise on the establishment
91.4of such policies, procedures, and rules as thecommissioner board deems necessary in
91.5implementing the intent of this chapter.
91.6 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
91.7 Subd. 3. Duties and functions. The director, under the supervision of the
91.8commissioner, and with the advice and oversight of the ApprenticeshipAdvisory
91.9Council Board, is authorized: to administer the provisions of this chapter; to promote
91.10apprenticeship and other forms of on the job training; to establish, in cooperation and
91.11consultation with the ApprenticeshipAdvisory Council Board and with the apprenticeship
91.12committees, conditions and training standards for the approval of apprenticeship programs
91.13and agreements, which conditions and standards shall in no case be lower than those
91.14prescribed by this chapter; to promote equal employment opportunity in apprenticeship
91.15and other on the job training and to establish a Minnesota plan for equal employment
91.16opportunity in apprenticeship which shall be consistent with standards established
91.17under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
91.18registration to sponsors of approved apprenticeship programs; to act as secretary of the
91.19ApprenticeshipAdvisory Council Board; to approve, if of the opinion that approval is
91.20for the best interest of the apprentice, any apprenticeship agreement which meets the
91.21standards established hereunder; to terminate any apprenticeship agreement in accordance
91.22with the provisions of such agreement; to keep a record of apprenticeship agreements and
91.23their disposition; to issue certificates of completion of apprenticeship; and to perform
91.24such other duties as the commissioner deems necessary to carry out the intent of this
91.25chapter; provided, that the administration and supervision of supplementary instruction in
91.26related subjects for apprentices; coordination of instruction on a concurrent basis with
91.27job experiences, and the selection and training of teachers and coordinators for such
91.28instruction shall be the function of state and local boards responsible for vocational
91.29education. The director shall have the authority to make wage determinations applicable
91.30to the graduated schedule of wages and journeyman wage rate for apprenticeship
91.31agreements, giving consideration to the existing wage rates prevailing throughout the
91.32state, except that no wage determination by the director shall alter an existing wage
91.33provision for apprentices or journeymen that is contained in a bargaining agreement in
91.34effect between an employer and an organization of employees, nor shall the director
92.1make any determination for the beginning rate for an apprentice that is below the wage
92.2minimum established by federal or state law.
92.3 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
92.4 Subdivision 1. Rules. The commissioner may, upon receipt of thecouncil's board's
92.5proposals, accept, adopt, and issue them by rule with any modifications or amendments
92.6the commissioner finds appropriate. The commissioner may refer them back to the
92.7council board with recommendations for further study, consideration and revision. If
92.8the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
92.9a board proposal, the commissioner must provide a written explanation of the reason
92.10for the refusal to the board within 30 days after the board submitted the proposal to the
92.11commissioner. Additional rules may be issued as the commissioner may deem necessary.
92.15 The amounts shown in this section summarize direct appropriations by fund made
92.16in this article.
92.21 The sums shown in the columns marked "Appropriations" are appropriated to the
92.22agencies and for the purposes specified in this article. The appropriations are from the
92.23general fund, or another named fund, and are available for the fiscal years indicated
92.24for each purpose. The figures "2008" and "2009" used in this article mean that the
92.25appropriations listed under them are available for the fiscal year ending June 30, 2008, or
92.26June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
92.27year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
92.28year ending June 30, 2007, are effective the day following final enactment.
93.1(a) To develop maximum private sector
93.2involvement in tourism, $1,000,000 the first
93.3year and $2,000,000 the second year must
93.4be matched by Explore Minnesota Tourism
93.5from nonstate sources. Each $1 of state
93.6incentive must be matched with $3 of private
93.7sector funding. Cash match is defined as
93.8revenue to the state or documented cash
93.9expenditures directly expended to support
93.10Explore Minnesota Tourism programs. Up
93.11to one-half of the private sector contribution
93.12may be in-kind or soft match. The incentive
93.13in the first year shall be based on fiscal
93.14year 2007 private sector contributions as
93.15prescribed in Laws 2005, First Special
93.16Session chapter 1, article 3, section 6. The
93.17incentive increase in the second year will
93.18be based on fiscal year 2008 private sector
93.19contributions. This incentive is ongoing.
93.20(b) Funding for the marketing grants is
93.21available either year of the biennium.
93.22Unexpended grant funds from the first year
93.23are available in the second year.
93.24(c) Any unexpended money from the general
93.25fund appropriations made under this section
93.26does not cancel but must be placed in a
93.27special marketing account for use by Explore
93.28Minnesota Tourism for additional marketing
93.29activities.
93.30(d) $250,000 the first year and $250,000
93.31the second year are for operating costs of
93.32the Minnesota Film and TV Board. The
93.33appropriation in each year is available
93.34only upon receipt by the board of $1 in
93.35matching contributions of money or in-kind
94.1contributions from nonstate sources for every
94.2$3 provided by this appropriation.
94.3(e) $750,000 is appropriated each year for a
94.4grant to the Minnesota Film and TV Board
94.5for the film jobs production program under
94.6Minnesota Statutes, section 116U.26. Of
94.7this amount, up to $25,000 each year may
94.8be used for administration. The budget base
94.9for the film jobs production program shall be
94.10$500,000 in fiscal year 2010 and $500,000 in
94.11fiscal year 2011.
94.12(f) $150,000 the first year is for a onetime
94.13grant to St. Louis County to be used for
94.14feasibility studies and planning activities
94.15concerning additional uses for the St. Louis
94.16County Heritage and Arts Center at the
94.17Duluth depot. The studies and planning
94.18activities must include:
94.19(1) examining the costs and benefits of
94.20relocating the Northeast Minnesota Office of
94.21Tourism to the Duluth depot;
94.22(2) establishing a heritage tourism center at
94.23the Duluth depot;
94.24(3) developing a multimodal operational plan
94.25integrating railroad and bus service; and
94.26(4) identifying additional services and
94.27activities that would contribute toward
94.28returning the Duluth depot to being a
94.29working railroad station and cultural gateway
94.30to Duluth and St. Louis County.
94.31This appropriation is available until June 30,
94.322009.
95.2The amounts that may be spent for each
95.3purpose are specified in the following
95.4subdivisions.
95.5$500,000 the first year and $500,000 the
95.6second year are for increased rent costs. This
95.7amount is added to the society's base budget.
95.9(a) Of this amount, $1,700,000 the first year
95.10is a onetime appropriation for the Minnesota
95.11Sesquicentennial Commission. Of this
95.12appropriation, $750,000 is for competitive
95.13matching grants for local events and projects;
95.14$750,000 is for planning and support of
95.15statewide activities, and up to $200,000 may
95.16be used for administration.
95.17The Minnesota Historical Society, the State
95.18Arts Board, and Explore Minnesota Tourism
95.19may assist the commission in designing and
95.20implementing the grants program.
95.21The commission shall encourage private
95.22contributions to match the state funds to
95.23the greatest extent possible. Contributions
95.24received by the commission are appropriated
95.25to the commission.
95.26(b) $1,500,000 the first year is for a
95.27grant-in-aid program for county and local
95.28historical societies. The Minnesota Historical
95.29Society shall establish program guidelines
95.30and grant evaluation and award criteria for
95.31the program. Each dollar of state funds
95.32awarded to a grantee must be matched with
95.33nonstate funds on a dollar-for-dollar basis by
96.1a grantee. This is a onetime appropriation
96.2and is available until expended.
96.3(c) $500,000 the first year is for a grant-in-aid
96.4program for county and local historical
96.5societies for the repair, restoration, and
96.6preservation of historic sites and buildings
96.7in Minnesota. The Minnesota Historical
96.8Society shall establish program guidelines
96.9and grant evaluation and award criteria for
96.10the program. This is a onetime appropriation
96.11and is available until expended.
96.12(d) $60,000 each year is to offset the revenue
96.13loss from not charging fees for general tours
96.14at the Capitol. This appropriation is added to
96.15the society's base budget.
96.16(e) Notwithstanding Minnesota Statutes,
96.17section 138.668, the Minnesota Historical
96.18Society may not charge a fee for its general
96.19tours at the Capitol, but may charge fees for
96.20special programs other than general tours.
96.22$500,000 the first year is to conduct a
96.23conservation survey and for restoration,
96.24treatment, moving, and storage of the 1905
96.25historic furnishings and works of art in the
96.26Minnesota State Capitol. This is a onetime
96.27appropriation and is available until June 30,
96.282009.
96.29$308,000 the first year is for the preservation
96.30of battle flags. This is a onetime appropriation
96.31and is available until June 30, 2009.
97.4Any unencumbered balance remaining in
97.5this subdivision the first year does not cancel
97.6but is available for the second year of the
97.7biennium.
97.8$150,000 the first year is for a onetime
97.9grant to the Nicollet County Historical
97.10Society for renovation of the center exhibit
97.11gallery in the Treaty Site History Center
97.12in St. Peter, including additions to the
97.13center's infrastructure and state-of-the-art
97.14interpretive elements. This appropriation is
97.15available until the project is completed or
97.16abandoned, subject to Minnesota Statutes,
97.17section 16A.642.
97.18$200,000 the first year is for a grant to
97.19the Hmong Studies Center at Concordia
97.20University in St. Paul, Minnesota, to be
97.21used for preservation of Hmong historical
97.22artifacts and documents. Any part of the
97.23appropriation not used in fiscal year 2008 is
97.24available for use in fiscal year 2009. This is
97.25a onetime appropriation and is available until
97.26expended.
97.28The Minnesota Historical Society may
97.29reallocate funds appropriated in and between
97.30subdivisions 2 and 3 for any program
97.31purposes.
98.1The Minnesota Historical Society in
98.2cooperation with Explore Minnesota Tourism
98.3shall establish and coordinate a Minnesota
98.4River Valley study group. The Minnesota
98.5River Valley study group shall be comprised
98.6of representatives of the Minnesota Valley
98.7Scenic Byway Alliance, the Department
98.8of Natural Resources, the Department
98.9of Transportation, the Minnesota Indian
98.10Affairs Council, the Region 6 West, Region
98.116 East, Region 8 and Region 9 Regional
98.12Development Commissions, the Minnesota
98.13Historical Society, Explore Minnesota
98.14Tourism, State Arts Board, and other
98.15interested parties. The study group must
98.16develop a plan for coordinated activities
98.17among organizations represented on the
98.18study group to enhance and promote historic
98.19sites, and historic, scenic, and natural
98.20features of the Minnesota River Valley
98.21area. Study topics shall include, but are
98.22not limited to, historic sites related to the
98.23Dakota Conflict of 1862 and the state and
98.24local preparations for the sesquicentennial of
98.25this event. The Minnesota Historical Society
98.26and Explore Minnesota Tourism shall report
98.27on the findings and recommendations of
98.28the Minnesota River Valley study group to
98.29the standing committees of the house of
98.30representatives and senate with jurisdiction
98.31over historic sites and tourism by March 1,
98.322008. The Minnesota River Valley study
98.33group shall serve without compensation.
99.1The amounts that may be spent for each
99.2purpose are specified in the following
99.3subdivisions.
99.6The base budget for the grants program
99.7shall be $5,924,000 in fiscal year 2010 and
99.8$5,924,000 in fiscal year 2011.
99.10The base budget for the regional arts councils
99.11shall be $2,539,000 in fiscal year 2010 and
99.12$2,539,000 in fiscal year 2011.
99.15Of this amount, ten percent each year is
99.16for lifelong learning programs in greater
99.17Minnesota communities that do not
99.18receive financial support from other large
99.19educational institutions. The base budget
99.20for the Minnesota Humanities Commission
99.21is $500,000 each year in the 2010-2011
99.22biennium.
99.23 Sec. 7. Minnesota Statutes 2006, section 190.096, is amended to read:
99.24190.096 BATTLE FLAGS; REPAIR.
99.25 Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
99.26Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
99.27Society may contract for the repair, restoration, and preservation of regimental battle flags,
99.28standards, and guidons with persons or corporations skilled in such repair, restoration, and
99.29preservation, upon terms or conditions the adjutant general or the Minnesota Historical
99.30Society deems proper, subject to the approval of the commissioner of administration.
99.31 Subd. 2. Surrender. Notwithstanding the provisions of this section or section
99.32190.09
, the adjutant general or the Minnesota Historical Society may, for the purposes
99.33of this section, surrender the immediate custody and control of regimental battle flags,
100.1standards, and guidons under conditions and safeguards the adjutant general or the
100.2Minnesota Historical Society deems necessary and proper, for such time as is reasonably
100.3necessary for their restoration, after which they shall at once be again properly stored
100.4or displayed. The adjutant general or the Minnesota Historical Society shall provide
100.5adequate storage and display space for flags, standards, and guidons which have been
100.6repaired and restored.
100.7 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
100.8Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
100.9preserved under the care and control of the Minnesota Historical Society. They shall be
100.10suitably encased and marked, and, so far as the historical society may deem it consistent
100.11with the safety of the flags and colors, they shall be publicly displayed in the capitol.
100.12 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
100.13preserved under the care and control of the adjutant general. They shall be suitably
100.14encased and marked, and, so far as the adjutant general may deem it consistent with the
100.15safety of the flags and colors, shall be publicly displayed.
100.19 The amounts shown in this section summarize direct appropriations, by fund, made
100.20in this article.
100.26 The sums shown in the columns marked "Appropriations" are appropriated to the
100.27agencies and for the purposes specified. The appropriations are from the general fund, or
100.28another named fund, and are available for the fiscal years indicated for each purpose. The
100.29figures "2008" and "2009" used in this act mean that the appropriations listed under them
100.30are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
100.31first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is
100.32fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are
100.33effective the day following final enactment.
101.11This appropriation is for transfer to the
101.12housing development fund. The amounts
101.13that may be spent from this appropriation
101.14for certain programs are specified in the
101.15following subdivisions. Except as otherwise
101.16indicated, this transfer is part of the agency's
101.17permanent budget base.
101.18Of this amount, $3,075,000 the first year
101.19and $3,075,000 the second year are onetime
101.20appropriations from the state's federal TANF
101.21block grant under Title I of Public Law
101.22Number 104-193 to the commissioner of
101.23human services, to reimburse the housing
101.24development fund for assistance under
101.25the programs for families receiving TANF
101.26assistance under the MFIP program. The
101.27commissioner of human services shall make
101.28monthly reimbursements to the housing
101.29development fund. The commissioner
101.30of human services shall not make any
101.31reimbursement which the commissioner
101.32determines would be subject to a penalty
101.33under Code of Federal Regulations, section
101.34262.1. If the appropriation in either year is
102.1insufficient, the appropriation for the other
102.2year is available.
102.5(a) $21,308,000 the first year and $9,622,000
102.6the second year are for the economic
102.7development and housing challenge program
102.8under Minnesota Statutes, section 462A.33,
102.9for housing that:
102.10(i) conserves energy and utilizes sustainable,
102.11healthy building materials;
102.12(ii) preserves sensitive natural areas and
102.13open spaces and minimizes the need for new
102.14infrastructure;
102.15(iii) is accessible to jobs and services through
102.16integration with transportation or transit
102.17systems; and
102.18(iv) expands the mix of housing choices in
102.19a community by diversifying the levels of
102.20housing affordability.
102.21The agency may fund demonstration projects
102.22that have unique approaches to achieving the
102.23housing described above.
102.24(b) The base is reduced by $3,407,000 each
102.25year in fiscal year 2010 and fiscal year 2011.
102.27$15,195,000 the first year and $11,945,000
102.28the second year are for the housing trust fund
102.29account created under Minnesota Statutes,
102.30section 462A.201, for the purposes of that
102.31section. Of this amount, $1,500,000 the first
102.32year and $1,500,000 in the second year is a
102.33onetime appropriation from the state's federal
102.34TANF block grant. The general fund base
103.1is reduced by $1,890,000 each year in fiscal
103.2year 2010 and fiscal year 2011.
103.5$3,400,000 the first year and $3,400,000
103.6the second year are for a rental housing
103.7assistance program for persons with a mental
103.8illness or families with an adult member with
103.9a mental illness under Minnesota Statutes,
103.10section 462A.2097.
103.12$7,565,000 the first year and $7,565,000
103.13the second year are for family homeless
103.14prevention and assistance programs under
103.15Minnesota Statutes, section 462A.204. Of
103.16this amount, $1,575,000 in the first year and
103.17$1,575,000 in the second year is a onetime
103.18appropriation from the state's federal TANF
103.19block grant. The general fund base is reduced
103.20by $2,225,000 each year in fiscal year 2010
103.21and fiscal year 2011.
103.23$1,885,000 the first year and $1,885,000
103.24the second year are for the home ownership
103.25assistance program under Minnesota
103.26Statutes, section 462A.21, subdivision 8.
103.27The base is reduced by $1,000,000 each year
103.28in fiscal year 2010 and fiscal year 2011.
103.30$11,496,000 the first year and $8,996,000
103.31the second year are for the affordable rental
103.32investment fund program under Minnesota
103.33Statutes, section 462A.21, subdivision 8b.
104.1Of this amount, $2,500,000 the first year is a
104.2onetime appropriation.
104.3This appropriation is to finance the
104.4acquisition, rehabilitation, and debt
104.5restructuring of federally assisted rental
104.6property and for making equity take-out loans
104.7under Minnesota Statutes, section 462A.05,
104.8subdivision 39. The owner of the federally
104.9assisted rental property must agree to
104.10participate in the applicable federally assisted
104.11housing program and to extend any existing
104.12low-income affordability restrictions on the
104.13housing for the maximum term permitted.
104.14The owner must also enter into an agreement
104.15that gives local units of government,
104.16housing and redevelopment authorities,
104.17and nonprofit housing organizations the
104.18right of first refusal if the rental property
104.19is offered for sale. Priority must be given
104.20among comparable federally assisted rental
104.21properties to properties with the longest
104.22remaining term under an agreement for
104.23federal rental assistance. Priority must also
104.24be given among comparable rental housing
104.25developments to developments that are or
104.26will be owned by local government units, a
104.27housing and redevelopment authority, or a
104.28nonprofit housing organization.
104.29This appropriation may also be used to
104.30finance the acquisition, rehabilitation, and
104.31debt restructuring of existing supportive
104.32housing properties. For purposes of this
104.33subdivision, "supportive housing" means
104.34affordable rental housing with links to
104.35services necessary for individuals, youth, and
105.1families with children to maintain housing
105.2stability.
105.3Of this amount, $2,500,000 is appropriated
105.4for the purposes of financing the
105.5rehabilitation and operating costs to preserve
105.6public housing. For purposes of this
105.7subdivision, "public housing" is housing for
105.8low-income persons and households financed
105.9by the federal government and owned and
105.10operated by public housing authorities and
105.11agencies. Eligible public housing authorities
105.12must have a public housing assessment
105.13system rating of standard or above. Priority
105.14among comparable proposals must be given
105.15to proposals that maximize federal or local
105.16resources to finance the capital and operating
105.17costs.
105.20$5,657,000 the first year and $4,287,000 the
105.21second year are for the housing rehabilitation
105.22and accessibility program under Minnesota
105.23Statutes, section 462A.05, subdivisions 14a
105.24and 15a. The base is reduced by $629,000
105.25each year in fiscal year 2010 and fiscal year
105.262011.
105.28$187,000 the first year and $187,000 the
105.29second year are for the urban Indian housing
105.30program under Minnesota Statutes, section
105.31462A.07, subdivision 15. The base is
105.32reduced by $52,000 each year in fiscal year
105.332010 and fiscal year 2011.
106.1$1,683,000 the first year and $1,683,000
106.2the second year are for the tribal Indian
106.3housing program under Minnesota Statutes,
106.4section 462A.07, subdivision 14. The base is
106.5reduced by $468,000 each year in fiscal year
106.62010 and fiscal year 2011.
106.9$2,135,000 the first year and $2,135,000
106.10the second year are appropriated for the
106.11home ownership education, counseling, and
106.12training program under Minnesota Statutes,
106.13section 462A.209. The base is reduced by
106.14$1,460,000 each year in fiscal year 2010 and
106.15fiscal year 2011. Of this amount, $630,000
106.16the first year is for:
106.17(1) foreclosure prevention and assistance
106.18activities in communities that have mortgage
106.19foreclosure rates that exceed the statewide
106.20average foreclosure rate for the most recent
106.21quarter for which data is available; and
106.22(2) home buyer education and counseling
106.23activities by organizations that have
106.24experience working with emerging markets
106.25or partner with organizations with experience
106.26working with emerging markets and that have
106.27demonstrated a commitment to increasing the
106.28homeownership rate of emerging markets.
106.30$820,000 for the biennium is for capacity
106.31building grants under Minnesota Statutes
106.32section 462A.21, subdivision 3b. Of this
106.33amount, $140,000 is for continuum of
106.34care planning in greater Minnesota. This
107.1appropriation is the agency's base budget for
107.2this program.
107.4$50,000 is a onetime appropriation in the
107.5first year for a grant to Hennepin County
107.6for collaboration with the Center for Urban
107.7and Regional Affairs at the University
107.8of Minnesota for the development of a
107.9predictive, data-driven model that can be
107.10used to identify at-risk properties in order to
107.11target resources to prevent foreclosure.
107.12 Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
107.13 Subd. 8b. Family rental housing. It may establish a family rental housing
107.14assistance program to provide loans or direct rental subsidies for housing for families
107.15with incomes of up to 80 percent of state median income, or to provide grants for the
107.16operating cost of public housing. Priority must be given to those developments with
107.17resident families with the lowest income. The development may be financed by the
107.18agency or other public or private lenders. Direct rental subsidies must be administered by
107.19the agency for the benefit of eligible families. Financial assistance provided under this
107.20subdivision to recipients of aid to families with dependent children must be in the form
107.21of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
107.22this subdivision may be made only with specific appropriations by the legislature. The
107.23limitations on eligible mortgagors contained in section462A.03, subdivision 13 , do not
107.24apply to loans for the rehabilitation of existing housing under this subdivision.
107.25 Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
107.26 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
107.27this section must be used for challenge grants or loanswhich meet the requirements of this
107.28subdivision for housing proposals with financial or in-kind contributions from nonstate
107.29resources that reduce the need for deferred loan or grant funds from state resources.These
107.30Challenge grants or loans must be used for economically viable homeownership or rental
107.31housing proposals that:
107.32(1) include a financial or in-kind contribution from an area employer and either a unit
107.33of local government or a private philanthropic, religious, or charitable organization; and
107.34(2) address the housing needs of the local work force.
108.1 Among comparable proposals, preference must be given to proposals that include
108.2contributions from nonstate resources for the greatest portion of the total development
108.3cost. Comparable proposals with contributions from local units of government or private
108.4philanthropic, religious, or charitable organizations must be given preference in awarding
108.5grants or loans.
108.6 For the purpose of this subdivision,an employer a contribution may consist partially
108.7or wholly of the premium paid for federal housing tax credits.
108.8Preference for grants and loans shall also be given to comparable proposals that
108.9include a financial or in-kind contribution from a unit of local government, an area
108.10employer, and a private philanthropic, religious, or charitable organization.
108.11 Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read:
108.12469.021 PREFERENCES.
108.13 As between applicants equally in need and eligible for occupancy of a dwelling
108.14and at the rent involved, preference shall be given to disabled veterans, persons with
108.15disabilities, and families of service persons who died in service and to families of veterans.
108.16In admitting families of low income to dwelling accommodations in any housing project an
108.17authority shall, as far as is reasonably practicable, give consideration to applications from
108.18familiesto which aid for dependent children is payable receiving assistance under chapter
108.19256J, and to resident families to whom public assistance or supplemental security income
108.20for the aged, blind, and disabled is payable, when those families are otherwise eligible.
108.21 Sec. 7. MORTGAGE FORECLOSURE REDUCTION.
108.22 The commissioner of the Minnesota Housing Finance Agency, in consultation
108.23with the commissioner of commerce, the attorney general, the Minnesota Mortgage
108.24Bankers' Association, Legal Services of Minnesota, the Minnesota Mortgage Foreclosure
108.25Prevention Association, and the Minnesota Sheriffs' Association shall evaluate the
108.26provisions of Minnesota Statutes, sections 580.04 and 580.041, to determine if corrective
108.27actions could be taken by the 2008 legislature to reduce mortgage foreclosures in the state.
1.3development, and housing; establishing and modifying certain programs;
1.4providing for regulation of certain activities and practices; providing for
1.5accounts, assessments, and fees; providing penalties;amending Minnesota
1.6Statutes 2006, sections 116J.401, by adding a subdivision; 116J.551, subdivision
1.71; 116J.554, subdivision 2; 116J.555, subdivision 1; 116J.575, subdivisions
1.81, 1a; 116J.966, subdivision 1; 116L.01, by adding a subdivision; 116L.04,
1.9subdivision 1a; 116L.17, subdivision 1; 116L.20, subdivision 1; 116L.666,
1.10subdivision 1; 116M.18, subdivision 6a; 177.27, subdivisions 1, 4, 5, 8, 9, 10,
1.11by adding a subdivision; 177.28, subdivision 1; 177.30; 177.43, subdivisions 3,
1.124, 6, by adding a subdivision; 178.01; 178.02; 178.03, subdivision 3; 178.041,
1.13subdivision 1; 179A.04, subdivision 3; 181.78, by adding a subdivision; 181.932,
1.14subdivision 1; 181.935; 182.65, subdivision 2; 190.096; 268.085, subdivision
1.153; 268.196, by adding a subdivision; 268A.01, subdivision 13, by adding a
1.16subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 298.22,
1.17subdivision 2; 298.227; 325E.37, subdivision 6; 326.01, subdivision 6g; 326.241,
1.18subdivisions 1, 2; 326.242, subdivisions 3d, 5, 11, by adding a subdivision;
1.19326.37, subdivision 1, by adding a subdivision; 326.38; 326.40, subdivision 1;
1.20326.401, subdivision 2; 326.405; 326.42, subdivision 1; 326.46; 326.461, by
1.21adding a subdivision; 326.47, subdivisions 2, 6; 326.48, subdivisions 1, 2, by
1.22adding a subdivision; 326.50; 326.51; 326.52; 341.28, subdivision 2, by adding a
1.23subdivision; 341.32, subdivision 2; 341.321; 462.39, by adding a subdivision;
1.24462A.21, subdivision 8b; 462A.33, subdivision 3; 469.021; proposing coding
1.25for new law in Minnesota Statutes, chapters 116J; 116O; 135A; 154; 177; 179;
1.26181; 181A; 182; 325E; 326; repealing Minnesota Statutes 2006, sections 16C.18,
1.27subdivision 2; 176.042; 268.035, subdivision 9; 326.01, subdivision 4; 326.242,
1.28subdivision 4; 326.45.
1.29BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.33 |
Section 1. SUMMARY. |
||||||
2.2in this act.
2.14 Section 1. SUMMARY OF APPROPRIATIONS.
| 2.23 |
Sec. 2. JOBS AND ECONOMIC DEVELOPMENT. |
||||||
2.25agencies and for the purposes specified in this article. The appropriations are from the
2.26general fund, or another named fund, and are available for the fiscal years indicated
2.27for each purpose. The figures "2008" and "2009" used in this article mean that the
2.28appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.29June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.30year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.31year ending June 30, 2007, are effective the day following final enactment.
| 2.32 |
APPROPRIATIONS |
||||||
| 2.33 |
Available for the Year |
||||||
| 2.34 |
Ending June 30 |
||||||
| 2.35 |
2008 |
2009 |
|||||
| 3.1 3.2 |
Sec. 3. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
||||||
| 3.3 |
Subdivision 1.Total Appropriation |
$ |
101,587,000 |
$ |
66,589,000 |
||
| 3.4 |
Appropriations by Fund |
||
| 3.5 |
2008 |
2009 |
|
| 3.6 |
General |
86,142,000 |
51,144,000 |
| 3.7 |
Remediation |
700,000 |
700,000 |
| 3.8 3.9 |
Workforce Development |
14,745,000 |
14,745,000 |
3.11purpose are specified in the following
3.12subdivisions.
| 3.13 3.14 |
Subd. 2.Business and Community Development |
49,058,000 |
14,372,000 |
||||
| 3.15 |
Appropriations by Fund |
||
| 3.16 |
General |
48,358,000 |
13,672,000 |
| 3.17 |
Remediation |
700,000 |
700,000 |
3.19Minnesota Statutes, section 116J.421,
3.20to the Rural Policy and Development
3.21Center at St. Peter, Minnesota. The grant
3.22shall be used for research and policy
3.23analysis on emerging economic and social
3.24issues in rural Minnesota, to serve as a
3.25policy resource center for rural Minnesota
3.26communities, to encourage collaboration
3.27across higher education institutions, to
3.28provide interdisciplinary team approaches
3.29to research and problem-solving in rural
3.30communities, and to administer overall
3.31operations of the center.
3.32(2) The grant shall be provided upon the
3.33condition that each state-appropriated
3.34dollar be matched with a nonstate dollar.
3.35Acceptable matching funds are nonstate
3.36contributions that the center has received and
4.1have not been used to match previous state
4.2grants. Any funds not spent the first year are
4.3available the second year.
4.4(b) $200,000 each year is for a grant to
4.5WomenVenture for women's business
4.6development programs.
4.7(c) $500,000 the first year is for a grant to
4.8University Enterprise Laboratories (UEL)
4.9for its direct and indirect expenses to support
4.10efforts to encourage the growth of early-stage
4.11and emerging bioscience companies. UEL
4.12must provide a report by June 30 each year
4.13to the commissioner on the expenditures
4.14until the appropriation is expended. This is a
4.15onetime appropriation and is available until
4.16expended.
4.17(d) $2,180,000 the first year is for grants
4.18under Minnesota Statutes, section 116J.571,
4.19for the redevelopment grant program. This is
4.20a onetime appropriation.
4.21(e) $100,000 each year is to the Public
4.22Facilities Authority for the small community
4.23wastewater treatment program under
4.24Minnesota Statutes, chapter 446A.
4.25(f) $510,000 the first year is for the urban
4.26initiative program under Minnesota Statutes,
4.27chapter 116M, of which, $255,000 is for
4.28a grant to the Metropolitan Economic
4.29Development Association for continuing
4.30minority business development programs
4.31in the metropolitan area. This is a onetime
4.32appropriation.
4.33(g) $85,000 each year is for a grant to the
4.34Minnesota Inventors Congress, of which
4.35$10,000 must be used for youth inventors.
5.1(h) $151,000 the first year is for a grant to the
5.2city of Faribault to design, construct, furnish,
5.3and equip renovations to accommodate
5.4handicapped accessibility at the Paradise
5.5Center for the Arts.
5.6(i) $3,000,000 the first year is for loans
5.7authorized under Minnesota Statutes, section
5.8116J.417. This appropriation is available
5.9until expended.
5.10(j) $1,000,000 each year is to Minnesota
5.11Technology, Inc. for the small business
5.12growth acceleration program established
5.13under Minnesota Statutes, section
5.14This is a onetime appropriation.
5.15(k) $350,000 the first year is for a grant to
5.16the city of Northome for the construction
5.17of a new municipal building to replace the
5.18structures damaged by fire on July 22, 2006.
5.19This appropriation is available when the
5.20commissioner determines that a sufficient
5.21match is available from nonstate sources to
5.22complete the project.
5.23(l) $325,000 each year is for a technology
5.24and commercialization unit established
5.25under article 3, section 33. This is a onetime
5.26appropriation.
5.27(m) $500,000 in the first year is for a
5.28grant to the city of Worthington for an
5.29agricultural-based bioscience training and
5.30testing center. Funds appropriated under this
5.31section must be used to provide a training
5.32and testing facility for incubator firms
5.33developing new agricultural processes and
5.34products. This is a onetime appropriation
5.35and is available until expended.
6.1(n) $2,200,000 in the first year is for a grant
6.2to BioBusiness Alliance of Minnesota for
6.3bioscience business development programs
6.4to promote and position the state as a global
6.5leader in bioscience business activities.
6.6These funds may be used for:
6.7(1) completion and periodic updating of
6.8a statewide bioscience business industry
6.9assessment of business technology
6.10enterprises and Minnesota's competitive
6.11position employing annual updates to federal
6.12industry classification data;
6.13(2) long-term strategic planning that includes
6.14projections of market changes resulting
6.15from developments in biotechnology and the
6.16development of 20-year goals, strategies, and
6.17identified objectives for renewable energy,
6.18medical devices, biopharma, and biologics
6.19business development in Minnesota;
6.20(3) the design and construction of a
6.21Minnesota focused bioscience business
6.22model to test competing strategies and
6.23scenarios, evaluate options, and forecast
6.24outcomes; and
6.25(4) creation of a bioscience business
6.26resources network that includes development
6.27of a statewide bioscience business economic
6.28development framework to encourage
6.29bioscience business development and
6.30encourage spin-off activities, attract
6.31bioscience business location or expansion in
6.32Minnesota, and establish a local capability to
6.33support strategic system level planning for
6.34industry, government, and academia.
7.1This appropriation is available until June 30,
7.22009.
7.3(o) $325,000 is for a grant to the Walker
7.4Area Community Center, Inc., to construct,
7.5furnish, and equip the Walker Area
7.6Community Center. This appropriation is
7.7not available until the commissioner has
7.8determined that an amount sufficient to
7.9complete the project has been committed
7.10from nonstate sources.
7.11(p) $120,000 the first year is for a grant
7.12to the Pine Island Economic Development
7.13Authority for predesign to upgrade and
7.14extend utilities to serve Elk Run Bioscience
7.15Research Park and The Falls - Healthy
7.16Living By Nature, an integrated medicine
7.17facility. This is a onetime appropriation and
7.18is available until expended.
7.19(q) $300,000 the first year is for a grant
7.20to Thomson Township for infrastructure
7.21improvements for the industrial park. This is
7.22a onetime appropriation.
7.23(r) $75,000 the first year for a grant to
7.24Le Sueur County for the cost of cleaning
7.25debris from lakes in Le Sueur County,
7.26caused by the August 24, 2006, tornado in
7.27southern Le Sueur County. This is a onetime
7.28appropriation.
7.29(s) $3,000,000 the second year is for
7.30bioscience business development and
7.31commercialization grants. The commissioner
7.32shall designate an evaluation team to accept
7.33grant applications, review and evaluate
7.34grant proposals, and select up to five grant
7.35proposals to receive funding each year.
8.1The evaluation team shall be comprised
8.2of not more than 12 members including:
8.3the commissioner or the commissioner's
8.4designee; representatives of bioscience
8.5businesses; public and private institutions
8.6of higher education; private investment
8.7companies; a nonprofit entity that qualifies as
8.8a 501(c)6 under the Internal Revenue Code
8.9and is a trade association representing the
8.10life sciences industry; and a bio business
8.11alliance that qualifies as a 501(c)3 under the
8.12Internal Revenue Code. The criteria used
8.13by the evaluation team in evaluating grant
8.14proposals must include, but is not limited
8.15to: the potential to create and sustain jobs
8.16within the state of Minnesota; the potential
8.17for long-term business activity, growth,
8.18and expansion in Minnesota; the level of
8.19technological maturity; the potential to attract
8.20private investment; and the availability and
8.21readiness of markets. The commissioner
8.22must report to the standing committees of
8.23the house of representatives and the senate
8.24having jurisdiction over bioscience and
8.25technology issues by February 1 each year
8.26on the number, type, and amounts of grants
8.27awarded and the activities of the grant
8.28recipients. This is a onetime appropriation
8.29and is available until expended.
8.30(t) $1,500,000 the first year is for the urban
8.31challenge grant program under Minnesota
8.32Statutes, section 116M.18, of which
8.33$1,000,000 is for a grant to the Neighborhood
8.34Development Center for assistance necessary
8.35to retain minority business enterprises
9.1at the Global Market. This is a onetime
9.2appropriation.
9.3(u) $375,000 each year is to develop and
9.4operate a bioscience business marketing
9.5program to market Minneota bioscience
9.6businesses and business opportunities
9.7to other states and other countries. The
9.8bioscience business marketing program must
9.9emphasize bioscience business location and
9.10expansion opportunities in communities
9.11outside of the seven-county metropolitan
9.12area as defined in Minnesota Statutes,
9.13section 473.121, subdivision 2, that have
9.14established collaborative plans among two
9.15or more municipal units for bioscience
9.16business activities, and that are within 15
9.17miles of a four-year, baccalaureate degree
9.18granting institution or a two-year technical
9.19or community college that offers bioscience
9.20curricula. The commissioner must report
9.21to the committees of the senate and house
9.22of representatives having jurisdiction
9.23over bioscience and technology issues by
9.24February 1 of each year on the expenditures
9.25of these funds and the promotional activities
9.26undertaken to market the Minnesota
9.27bioscience industry to persons outside of the
9.28state. This is a onetime appropriation and is
9.29available until expended.
9.30(v) $225,000 each year is for the purposes
9.31of the nanotechnology development fund
9.32program (NDF) established in section 12, for
9.33grants to promote increased use of advanced
9.34instrumentation for nanomaterials analysis,
9.35to be awarded on a one-to-one matching basis
10.1to qualifying Minnesota small businesses.
10.2This is a onetime appropriation.
10.3(w) $50,000 the first year is for a contract
10.4with a public higher education institution
10.5in Minnesota jointly entered into with the
10.6Center for Rural Development to study the
10.7needs of the renewable energy economy for
10.8trained employees and the training required
10.9for those employees. The study must include
10.10extensive consultation and involvement of
10.11representatives of the renewable energy
10.12industry, environmental interests, labor, the
10.13University of Minnesota, and the Minnesota
10.14State Colleges and Universities. The
10.15commissioner shall report the results of the
10.16study to the chairs of the finance divisions
10.17of the legislature with jurisdiction over
10.18economic development, energy, and higher
10.19education by November 1, 2007. This is a
10.20onetime appropriation.
10.21(x) $25,000,000 is for the Minnesota
10.22minerals 21st century fund created in
10.23Minnesota Statutes, section 116J.423,
10.24to restore the money unallotted by the
10.25commissioner of finance in 2003 pursuant
10.26to Minnesota Statutes, section 16A.152.
10.27This appropriation may be used as provided
10.28in Minnesota Statutes, section 116J.423,
10.29subdivision 2. This appropriation is available
10.30until expended.
10.31(y) $900,000 each year is for a grant to the
10.32city of St. Paul to be used to pay debt service
10.33on bond obligations issued by the city of St.
10.34Paul in 1996 for the convention center.
11.1(z) $189,000 each year is appropriated from
11.2the general fund to the commissioner of
11.3employment and economic development for
11.4grants of $63,000 to eligible organizations
11.5each year and for the purposes of this
11.6paragraph. Each state grant dollar must be
11.7matched with $1 of nonstate funds. Any
11.8balance in the first year does not cancel but is
11.9available in the second year.
11.10The commissioner of employment and
11.11economic development must make grants to
11.12organizations to assist in the development
11.13of entrepreneurs and small businesses.
11.14Three grants must be awarded to continue
11.15or to develop a program. One grant must
11.16be awarded to the Riverbend Center for
11.17Entrepreneurial Facilitation in Blue Earth
11.18County, and two to other organizations
11.19serving Faribault and Martin Counties. Grant
11.20recipients must report to the commissioner
11.21by February 1 of each year that the
11.22organization receives a grant with the
11.23number of customers served; the number of
11.24businesses started, stabilized, or expanded;
11.25the number of jobs created and retained; and
11.26business success rates. The commissioner
11.27must report to the house of representatives
11.28and senate committees with jurisdiction
11.29over economic development finance on the
11.30effectiveness of these programs for assisting
11.31in the development of entrepreneurs and
11.32small businesses.
11.33(aa) $10,000 for the biennium is to the
11.34commissioner of employment and economic
11.35development for the Minnesota investment
11.36fund. This grant is not subject to grant
12.1limitations under section 116J.8731,
12.2subdivision 5.
| 12.3 |
Subd. 3.Workforce Development |
49,531,000 |
49,197,000 |
||||
| 12.4 |
Appropriations by Fund |
||
| 12.5 |
General |
34,786,000 |
34,452,000 |
| 12.6 12.7 |
Workforce Development |
14,745,000 |
14,745,000 |
12.9job skills partnership program under
12.10Minnesota Statutes, sections 116L.01 to
12.11116L.17. If the appropriation for either
12.12year is insufficient, the appropriation for the
12.13other year is available. This appropriation is
12.14available until spent.
12.15(b) $305,000 each year is for a grant under
12.16Minnesota Statutes, section 116J.8747, to
12.17Twin Cities RISE! to provide training to
12.18hard-to-train individuals.
12.19(c) $1,375,000 each year is from
12.20the workforce development fund for
12.21Opportunities Industrialization Center
12.22programs.
12.23(d) $5,864,000 each year is from the general
12.24fund and $6,920,000 each year is from the
12.25workforce development fund for extended
12.26employment services for persons with
12.27severe disabilities or related conditions under
12.28Minnesota Statutes, section 268A.15. Of this,
12.29$125,000 each year and in the base for fiscal
12.30years 2010 and 2011 is to supplement funds
12.31paid for wage incentive for the community
12.32support fund established in Minnesota Rules,
12.33part 3300.2045.
12.34(e) $1,900,000 each year is for grants for
12.35programs that provide employment support
13.1services to persons with mental illness under
13.2Minnesota Statutes, sections 268A.13 and
13.3268A.14. Up to $77,000 each year may be
13.4used for administrative and salary expenses.
13.5(f) $2,190,000 each year is for grants under
13.6Minnesota Statutes, section 268A.11, for the
13.7eight centers for independent living. Money
13.8not expended the first year is available the
13.9second year.
13.10(g) $5,940,000 each year is for State Services
13.11for the Blind activities.
13.12(h) $150,000 each year is from the general
13.13fund and $175,000 each year is from the
13.14workforce development fund for grants under
13.15Minnesota Statutes, section 268A.03, to Rise,
13.16Inc. for the Minnesota Employment Center
13.17for People Who are Deaf or Hard-of-Hearing.
13.18Money not expended the first year is
13.19available the second year.
13.20(i) $9,021,000 each year from the general
13.21fund is for the vocational rehabilitation
13.22program and $325,000 each year from
13.23the workforce development fund is for
13.24interpreters for a regional transition program
13.25specializing in culturally appropriate
13.26transition services leading to employment
13.27for deaf, hard-of-hearing, and deaf-blind
13.28students.
13.29(j) $150,000 each year is for a grant to
13.30Advocating Change Together for training,
13.31technical assistance, and resource materials
13.32to persons with developmental and mental
13.33illness disabilities.
13.34(k) $300,000 each year for a grant to
13.35Lifetrack Resources for its immigrant/refugee
14.1collaborative programs, including those
14.2related to job-seeking skills and workplace
14.3orientation, intensive job development,
14.4functional work English, and on-site job
14.5coaching. $50,000 of this amount is for a
14.6pilot Lifetrack project in Rochester.
14.7(l) $1,075,000 each year is for the youthbuild
14.8program under Minnesota Statutes, sections
14.9116L.361 to 116L.366.
14.10(m) $1,350,000 each year is from the
14.11workforce development fund for grants
14.12to fund summer youth employment in
14.13Minneapolis. The grants shall be used to
14.14fund up to 500 jobs for youth each summer.
14.15Of this appropriation, $350,000 each year is
14.16for a grant to the learn-to-earn summer youth
14.17employment program. The commissioner
14.18shall establish criteria for awarding the
14.19grants. This appropriation is available in
14.20either year of the biennium and is available
14.21until spent.
14.22(n) $50,000 each year is for a grant
14.23to Northern Connections in Perham to
14.24implement and operate a pilot workforce
14.25program that provides one-stop supportive
14.26services to assist individuals as they transition
14.27into the workforce. This appropriation is
14.28available to the extent it is matched by $1 of
14.29nonstate money for each $1 of state money.
14.30(o) $100,000 each year is for a grant to
14.31Ramsey County Workforce Investment Board
14.32for the development of the building lives
14.33program. This is a onetime appropriation.
14.34(p) $300,000 each year is for a grant to the
14.35Hennepin-Carver Workforce Investment
15.1Board (WIB) to coordinate with the Partners
15.2for Progress Regional Skills Consortium
15.3to provide employment and training as
15.4demonstrated by the Twin Cities regional
15.5health care training partnership project.
15.6(q) $160,000 the first year is for a grant
15.7to Workforce Development, Inc., for a
15.8pilot project to provide demand-driven
15.9employment and training services to
15.10welfare recipients and other economically
15.11disadvantaged populations in Mower,
15.12Freeborn, Dodge, and Steele Counties. This
15.13is a onetime appropriation.
15.14(r) $200,000 each year is for a grant to
15.15HIRED to operate its industry sector training
15.16initiatives, which provide employee training
15.17developed in collaboration with employers in
15.18specific, high-demand industries. This is a
15.19onetime appropriation.
15.20(s) $200,000 the first year is for a grant
15.21to a nonprofit organization. The nonprofit
15.22organization must work on behalf of all
15.23licensed vendors to coordinate their efforts
15.24to respond to solicitations or other requests
15.25from private and governmental units as
15.26defined in Minnesota Statutes, section
15.27471.59, subdivision 1, in order to increase
15.28employment opportunities for persons with
15.29disabilities.
15.30(t) $3,500,000 each year from the workforce
15.31development fund is for the Minnesota youth
15.32program under Minnesota Statutes, section
15.33116L.56 and 116L.561.
15.34(u) $500,000 each year from the workforce
15.35development fund is for a grant to the
16.1Minnesota Alliance of Boys and Girls
16.2Clubs to administer a statewide project
16.3of youth job skills development. This
16.4project, which may have career guidance
16.5components, including health and life skills,
16.6is to encourage, train, and assist youth in
16.7job-seeking skills, workplace orientation,
16.8and job site knowledge through coaching.
16.9This grant requires a 25 percent match from
16.10nonstate resources.
16.11(v) $350,000 in each year from the workforce
16.12development fund is for a grant to Ramsey
16.13County for a summer youth employment
16.14program to place at-risk youth, ages 14 to 21,
16.15in subsidized summer employment.
16.16(w) $10,000 the first year is for a study on
16.17ways to promote employment opportunities
16.18for minorities, with a particular focus on
16.19opportunities for American blacks, in the
16.20state of Minnesota. The study should focus
16.21on how to significantly expand the job
16.22training available to minorities and promote
16.23substantial increases in the wages paid to
16.24minorities, at least to a rate well above living
16.25wage, and within several years, to equality.
16.26The commissioner must report on the study
16.27to the governor and the chair of the finance
16.28committee in each house of the legislature
16.29that has jurisdiction over employment by
16.30January 15, 2008, with recommendations for
16.31implementing the findings.
16.32The commissioner must provide funding
16.33for the Minnesota Conservation Corps to
16.34provide learning stipends for deaf students
17.1and wages for interpreters participating in
17.2the MCC summer youth program.
| 17.3 |
Subd. 4.State-Funded Administration |
2,998,000 |
3,020,000 |
||||
17.5year of the biennium and in each year of
17.6subsequent bienniums into the contingent
17.7account created under Minnesota Statutes,
17.8section 268.196, subdivision 3, shall be
17.9transferred by June 30 of each fiscal year
17.10to the workforce development fund created
17.11under Minnesota Statutes, section 116L.20.
17.12Deposits in excess of $1,450,000 shall be
17.13transferred by June 30 of each fiscal year to
17.14the general fund.
| 17.15 17.16 |
Sec. 4. DEPARTMENT OF LABOR AND INDUSTRY |
||||||
| 17.17 |
Subdivision 1.Total Appropriation |
$ |
29,002,000 |
$ |
29,794,000 |
||
17.28purpose are specified in the following
17.29subdivisions.
| 17.30 |
Subd. 2.Workers' Compensation |
10,381,000 |
10,659,000 |
||||
17.32compensation fund.
17.33$200,000 each year is for grants to the
17.34Vinland Center for rehabilitation services.
| 17.35 |
Subd. 3.Safety Codes and Services |
9,949,000 |
10,134,000 |
||||
18.2the second year are from the workers'
18.3compensation fund. $1,877,000 the first year
18.4and $1,925,000 the second year are from the
18.5state government special revenue fund.
18.6$1,000,000 each year is from the workers'
18.7compensation fund for patient safe handling
18.8grants under Minnesota Statutes, section
18.9182.6553.
18.10$100,000 each year is from the workers'
18.11compensation fund for the operation of
18.12the meatpacking industry workers' rights
18.13ombudsman under Minnesota Statutes,
18.14section 179.87.
| 18.15 |
Subd. 4.Labor Standards/Apprenticeship |
2,629,000 |
2,995,000 |
||||
| 18.16 |
Appropriations by Fund |
||
| 18.17 |
General |
1,864,000 |
2,214,000 |
| 18.18 18.19 |
Workforce Development |
765,000 |
781,000 |
18.21development fund is for the apprenticeship
18.22program under Minnesota Statutes, chapter
18.23178, and includes $100,000 each year for
18.24labor education and advancement program
18.25grants.
18.26$360,000 the first year and $300,000 the
18.27second year from the general fund are for
18.28prevailing wage enforcement of which
18.29$60,000 in the first year is for outreach and
18.30survey participation improvements.
18.31$800,000 the first year and $1,200,000 the
18.32second year from the general fund are for the
18.33independent contractor certification under
18.34Minnesota Statutes, section 181.723.
| 18.35 |
Subd. 5.General Support |
6,043,000 |
6,006,000 |
||||
19.2compensation fund.
| 19.3 19.4 |
Sec. 5. BUREAU OF MEDIATION SERVICES |
||||||
| 19.5 |
Subdivision 1.Total Appropriation |
$ |
1,850,000 |
$ |
1,877,000 |
||
19.7purpose are specified in the following
19.8subdivisions.
| 19.9 |
Subd. 2.Mediation Services |
1,700,000 |
1,727,000 |
||||
| 19.10 19.11 |
Subd. 3.Labor Management Cooperation Grants |
150,000 |
150,000 |
||||
19.13management committees. Grants may be
19.14awarded for a 12-month period beginning
19.15July 1 each year. Any unencumbered balance
19.16remaining at the end of the first year does not
19.17cancel but is available for the second year.
| 19.18 19.19 |
Sec. 6. WORKERS' COMPENSATION COURT OF APPEALS |
$ |
1,663,000 |
$ |
1,710,000 |
||
19.21compensation fund.
| 19.22 |
Sec. 7. BOARD OF ACCOUNTANCY |
$ |
493,000 |
$ |
499,000 |
||
| 19.23 19.24 19.25 19.26 |
Sec. 8. BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN |
$ |
795,000 |
$ |
805,000 |
||
| 19.27 |
Sec. 9. BOARD OF BARBER EXAMINERS |
$ |
711,000 |
$ |
724,000 |
||
| 19.28 19.29 |
Sec. 10. MINNESOTA BOXING COMMISSION |
$ |
50,000 |
$ |
-0- |
||
19.31self-funded entity.
20.1 Sec. 11. BIOSCIENCE ZONES DESIGNATION.
20.2 The commissioner of employment and economic development must establish a
20.3criteria for expanding the zones. The criteria must limit designating a new zone to a
20.4community that has adequate resources and infrastructure to support bioindustry, including
20.5postsecondary institutions, strong health care systems, and existing bioscience companies.
20.6It must also require that a new zone be located on a transportation corridor.
20.7 Sec. 12. NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM.
20.8 Subdivision 1. Program established; purpose. The nanotechnology
20.9development fund program (NDF) is established to develop a collaborative economic
20.10development initiative between the state of Minnesota, the private sector, and multiple
20.11academic institutions to promote by small businesses an increased use of advanced
20.12nanoinstrumentation for characterization, fabrication, and other related processes;
20.13provide research consulting by knowledgeable specialists; and provide student internship
20.14opportunities to increase nanotechnology experience by working with small, medium, or
20.15large Minnesota companies. The NDF program shall be administered by the Department
20.16of Employment and Economic Development and is not a state agency.
20.17 Subd. 2. Definition; qualifying Minnesota small business. "Qualifying Minnesota
20.18small business" means:
20.19 (1) a Minnesota small business corporation, sole proprietorship, or partnership that
20.20has fewer than 50 employees; or
20.21 (2) a Minnesota business corporation, sole proprietorship, or partnership that:
20.22 (i) has 51 to 100 employees; and
20.23 (ii) demonstrates current financial adversity or risk or a major prospect of aiding
20.24the business's long-term outlook by significant use of nanotechnology in the business's
20.25offerings.
20.26 Subd. 3. Grants. The commissioner shall extend onetime matching grants from the
20.27NDF to qualifying Minnesota small businesses located throughout the state to:
20.28 (1) add nanotechnology applications to products that are being developed by
20.29Minnesota small businesses to enhance distinctiveness;
20.30 (2) promote the depth, breadth, and value of technologies being developed by
20.31Minnesota businesses with the aid of nanotechnology;
20.32 (3) encourage more frequent use of nanoinstrumentation to speed businesses' product
20.33time-to-market, with higher incidence of distinct product characteristics;
20.34 (4) provide Minnesota small businesses with broader access to experienced research
20.35consultants; and
21.1 (5) increase the number of researchers experienced in working with
21.2nanoinstrumentation.
21.3 Subd. 4. Grant application and award procedure. (a) The commissioner may
21.4give priority to applicants:
21.5 (1) whose intellectual property would benefit from utilization of nanoinstrumentation
21.6not possessed in-house;
21.7 (2) who are currently utilizing nanoinstrumentation either at the University of
21.8Minnesota or a private sector location on a leased, hourly basis; and
21.9 (3) who wish to increase their access to experienced research consultants.
21.10 (b) The commissioner shall decide whether to award a grant to an eligible applicant
21.11based on:
21.12 (1) the applicant's planned frequency of usage of nanoinstrumentation for
21.13characterization, fabrication, and other related processes; and
21.14 (2) the applicant's demonstration of rental of nanoinstrumentation, in the form
21.15of a signed affidavit from a certified facility to confirm the one-to-one private sector
21.16investment has been met.
21.17 (c) A grant made under this section must:
21.18 (1) include verification of matching rental fees or internship stipends paid by the
21.19grantee; and
21.20 (2) be for a total amount paid to each grantee of not less than $500 nor more than
21.21$20,000 within the biennium.
21.22 Subd. 5. Administration. The commissioner of employment and economic
21.23development must develop and maintain a record-keeping system that specifies how
21.24funds from the NDF are applied for and distributed. Businesses receiving grants
21.25from the NDF must provide contact information, the date and time of the use of the
21.26nanoinstrumentation, proof of their matching contribution to meet the rental costs or
21.27provide an internship's stipend, and a general statement of the expected outcome from
21.28the use of the nanoinstrumentation, to the extent documentation can be made without
21.29divulging proprietary information.
21.30 Subd. 6. Gifts and donations. Gifts and donations, including land or interests in
21.31land, may be made to NDF. Noncash gifts and donations must be disposed of for cash
21.32as soon as the commissioner of employment and economic development can prudently
21.33maximize the value of the gift or donation.
21.34 Subd. 7. Report to legislature. By June 30 of each odd-numbered year, the
21.35commissioner of employment and economic development must submit a report to the
21.36legislature with statistics about the use of the NDF.
22.1 Sec. 13. WORK GROUP.
22.2 The commissioner of employment and economic development shall convene a work
22.3group to evaluate the impact of the money appropriated for wage incentives and how the
22.4wage incentive program works. The work group is to make recommendations to the
22.5legislature by January 15, 2008.
22.8 Section 1. Minnesota Statutes 2006, section 116J.401, is amended by adding a
22.9subdivision to read:
22.10 Subd. 4. Use of funds for unemployed worker assistance. Payment of employee
22.11compensation costs from the Wagner-Peyser Act referenced in subdivision 1, clause
22.12(8), must be used to provide direct benefit to unemployed and underemployed workers
22.13through the state's workforce centers. At least 75 percent of the employee compensation
22.14paid from Wagner-Peyser funds must be used for employees at workforce centers who
22.15provide direct assistance to unemployed and underemployed workers and no more than
22.1625 percent may be used for providing hiring and human resource services for employers.
22.17The funds under this section may be used to establish an internet based labor exchange
22.18system. By July 1 of each year, the commissioner must submit a report to the committees
22.19of the legislature responsible for oversight of unemployment insurance with details on
22.20the use of Wagner-Peyser funds, including the number of employee positions funded, the
22.21location of the employees, and the use of funds for internet labor exchange system and
22.22other business assistance.
22.23 Sec. 2. [116J.417] GREATER MINNESOTA BUSINESS DEVELOPMENT
22.24INVESTMENT FUND.
22.25 Subdivision 1. Eligible organization. For the purposes of this section, "eligible
22.26organization" means an organization established pursuant to section 116J.415 which
22.27provides business financing to greater Minnesota businesses.
22.28 Subd. 2. Investment fund establishment. The commissioner shall establish an
22.29investment fund from which fund investments can be made in eligible organizations. The
22.30funds repaid by the eligible organizations are to be returned to the fund for subsequent
22.31reinvestment in eligible organizations.
22.32 Subd. 3. Authorized investments. The commissioner is authorized to make
22.33investments in eligible organizations. The commissioner shall invest funds in the form of
23.1loans to eligible organizations for the purpose of providing capital to new and expanding
23.2businesses in the form of debt or equity, or both.
23.3 Subd. 4. Investment authorized. The commissioner may make investments in
23.4eligible organizations under the following terms:
23.5 (1) the organization seeking an investment of funds must guarantee repayment of not
23.6less than 100 percent of the funds invested in the eligible organization;
23.7 (2) the investments are to be made in the form of a loan to the eligible organization
23.8for a term of ten years, at an interest rate of one percent;
23.9 (3) during the ten-year term of the loan, the eligible organization shall make annual
23.10interest-only payments;
23.11 (4) at the end of the ten-year term, the eligible organization is required to make a
23.12payment in the entire principal amount of the initial loan;
23.13 (5) the state investment by the commissioner in any eligible organization may not
23.14exceed $2,000,000;
23.15 (6) the full amount of state investment will be advanced to the approved eligible
23.16organization upon execution of a formal investment agreement, specifying the terms of the
23.17loan, as well as reporting and other requirements outlined in subdivision 5;
23.18 (7) the eligible organization must maintain the funds in accounts that allow the funds
23.19to be readily available for business investments;
23.20 (8) the eligible organization must make business investments totaling the entire
23.21amount of funds loaned by the state within three years of the execution of the investment
23.22agreement and subsequent transmittal of the funds; and
23.23 (9) an eligible organization that receives an investment under this section shall
23.24report annually, in a format prescribed by the commissioner, the nature and amount of
23.25the business investments made, including, for each financing transaction involving funds
23.26received pursuant to this section, all forms and amounts of financing provided by the
23.27eligible organization from sources other than the investment fund established pursuant to
23.28this section, along with the number of jobs created and private sector investment leveraged.
23.29 Subd. 5. Requirements for state investments. All investments are subject to an
23.30investment agreement which must include:
23.31 (1) a description of the eligible organization, including business finance experience,
23.32qualifications, and investment history;
23.33 (2) a description of the uses of investment proceeds by the eligible organization;
23.34 (3) an explanation of the investment objectives;
23.35 (4) a description of accounting and reporting standards to be used by the eligible
23.36organization; and
24.1 (5) a copy of the most recent audited financial statements of the eligible organization.
24.2 Sec. 3. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
24.3 Subdivision 1. Grant account. A contaminated site cleanup and development
24.4grant account is created in the general fund. Money in the account may be used, as
24.5appropriated by law, to make grants as provided in section
24.6commissioner's costs in reviewing applications and making grants. Notwithstanding
24.7section
24.8available
24.9 Sec. 4. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
24.10 Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the
24.11following criteria are met:
24.12 (1) the site is not scheduled for funding during the current or next fiscal year under
24.13the Comprehensive Environmental Response, Compensation, and Liability Act, United
24.14States Code, title 42, section 9601, et seq. or under the Environmental Response, and
24.15Liability Act under sections
24.16
24.17
24.18
24.19
24.20
24.21
24.22
24.23improved with buildings or other improvements and these improvements will provide a
24.24substantial increase in the property tax base within a reasonable period of time or the site
24.25will be used for an important publicly owned or tax-exempt facility.
24.26 Sec. 5. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
24.27 Subdivision 1. Priorities. (a) The legislature expects that applications for grants
24.28will exceed the available appropriations and the agency will be able to provide grants to
24.29only some of the applicant development authorities.
24.30 (b) If applications for grants for qualified sites exceed the available appropriations,
24.31the agency shall make grants for sites that, in the commissioner's judgment, provide
24.32the highest return in public benefits for the public costs incurred and that meet all the
25.1requirements provided by law. In making this judgment, the commissioner shall consider
25.2the following factors:
25.3 (1) the recommendations or ranking of projects by the commissioner of the Pollution
25.4Control Agency regarding the potential threat to public health and the environment that
25.5would be reduced or eliminated by completion of each of the response action plans;
25.6 (2) the potential increase in the property tax base of the local taxing jurisdictions,
25.7considered relative to the fiscal needs of the jurisdictions, that will result from
25.8developments that will occur because of completion of each of the response action plans;
25.9 (3) the social value to the community of the cleanup and redevelopment of the site,
25.10including the importance of development of the proposed public facilities on each of
25.11the sites;
25.12 (4) the probability that each site will be cleaned up without use of government
25.13money in the reasonably foreseeable future by considering but not limited to the current
25.14market value of the site versus the cleanup cost;
25.15 (5) the amount of cleanup costs for each site; and
25.16 (6) the amount of the commitment of municipal or other local resources to pay for
25.17the cleanup costs.
25.18 The factors are not listed in a rank order of priority; rather the commissioner may
25.19weigh each factor, depending upon the facts and circumstances, as the commissioner
25.20considers appropriate. The commissioner may consider other factors that affect the net
25.21return of public benefits for completion of the response action plan. The commissioner,
25.22notwithstanding the listing of priorities and the goal of maximizing the return of public
25.23benefits, shall make grants that distribute available money to sites both within and outside
25.24of the metropolitan area. The commissioner shall provide a written statement of the
25.25supporting reasons for each grant. Unless sufficient applications are not received for
25.26qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
25.27as grants must be made for sites located outside of the metropolitan area.
25.28 Sec. 6. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
25.29 Subdivision 1. Commissioner discretion. The commissioner may make a grant for
25.30up to 50 percent of the eligible costs of a project. The determination of whether to make a
25.31grant for a site is within the discretion of the commissioner, subject to this section and
25.32sections
25.33account. For grants made in fiscal years 2008 and 2009, at least 75 percent of the available
25.34grant funds must be used for grants in greater Minnesota. For grants made in fiscal year
25.352010 and later, at least 50 percent of the available grant funds must be used for grants
26.1in greater Minnesota. If the commissioner determines that the applications for grants
26.2for projects in greater Minnesota are less than the amount of grant funds available, the
26.3commissioner may make grants for projects anywhere in Minnesota. The commissioner's
26.4decisions and application of the priorities under this section are not subject to judicial
26.5review, except for abuse of discretion.
26.6 Sec. 7. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
26.7 Subd. 1a. Priorities. (a) If applications for grants exceed the available
26.8appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
26.9the highest return in public benefits for the public costs incurred. "Public benefits" include
26.10job creation, bioscience development, environmental benefits to the state and region,
26.11efficient use of public transportation, efficient use of existing infrastructure, provision of
26.12affordable housing, multiuse development that constitutes community rebuilding rather
26.13than single-use development, crime reduction, blight reduction, community stabilization,
26.14and property tax base maintenance or improvement. In making this judgment, the
26.15commissioner shall give priority to redevelopment projects with one or more of the
26.16following characteristics:
26.17 (1) the need for redevelopment in conjunction with contamination remediation needs;
26.18 (2) the redevelopment project meets current tax increment financing requirements
26.19for a redevelopment district and tax increments will contribute to the project;
26.20 (3) the redevelopment potential within the municipality;
26.21 (4) proximity to public transit if located in the metropolitan area;
26.22 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
26.23and
26.24
26.25housing, transportation, and environmental impact.
26.26 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
26.27commissioner may weigh each factor, depending upon the facts and circumstances, as
26.28the commissioner considers appropriate. The commissioner may consider other factors
26.29that affect the net return of public benefits for completion of the redevelopment plan. The
26.30commissioner, notwithstanding the listing of priorities and the goal of maximizing the
26.31return of public benefits, shall make grants that distribute available money to sites both
26.32within and outside of the metropolitan area. Unless sufficient applications are not received
26.33for qualifying sites outside of the metropolitan area, at least 25 percent of the money
26.34provided as grants must be made for sites located outside of the metropolitan area.
27.1 Sec. 8. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
27.2 Subdivision 1. Generally. (a) The commissioner shall promote, develop, and
27.3facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
27.4addition to the powers granted by section
27.5 (1) locate, develop, and promote international markets for Minnesota products
27.6and services;
27.7 (2) arrange and lead trade missions to countries with promising international markets
27.8for Minnesota goods, technology, services, and agricultural products;
27.9 (3) promote Minnesota products and services at domestic and international trade
27.10shows;
27.11 (4) organize, promote, and present domestic and international trade shows featuring
27.12Minnesota products and services;
27.13 (5) host trade delegations and assist foreign traders in contacting appropriate
27.14Minnesota businesses and investments;
27.15 (6) develop contacts with Minnesota businesses and gather and provide information
27.16to assist them in locating and communicating with international trading or joint venture
27.17counterparts;
27.18 (7) provide information, education, and counseling services to Minnesota businesses
27.19regarding the economic, commercial, legal, and cultural contexts of international trade;
27.20 (8) provide Minnesota businesses with international trade leads and information
27.21about the availability and sources of services relating to international trade, such as
27.22export financing, licensing, freight forwarding, international advertising, translation, and
27.23custom brokering;
27.24 (9) locate, attract, and promote foreign direct investment and business development
27.25in Minnesota to enhance employment opportunities in Minnesota;
27.26 (10) provide foreign businesses and investors desiring to locate facilities in
27.27Minnesota information regarding sources of governmental, legal, real estate, financial, and
27.28business services;
27.29 (11) enter into contracts or other agreements with private persons and public entities,
27.30including agreements to establish and maintain offices and other types of representation in
27.31foreign countries, to carry out the purposes of promoting international trade and attracting
27.32investment from foreign countries to Minnesota and to carry out this section, without
27.33regard to section
27.34 (12) market trade-related materials to businesses and organizations, and the proceeds
27.35of which must be placed in a special revolving account and are appropriated to the
27.36commissioner to prepare and distribute trade-related materials.
28.1 (b) The programs and activities of the commissioner of employment and economic
28.2development and the Minnesota Trade Division may not duplicate programs and activities
28.3of the commissioner of agriculture.
28.4 (c) The commissioner shall notify the chairs of the senate Finance and house Ways
28.5and Means Committees of each agreement under this subdivision to establish and maintain
28.6an office or other type of representation in a foreign country.
28.7 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
28.8assistance to official visits by foreign government representatives and shall serve as liaison
28.9to the foreign diplomatic corps in Minnesota.
28.10 Sec. 9. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
28.11to read:
28.12 Subd. 4. Workforce development intermediaries. "Workforce development
28.13intermediaries" means public, private, or nonprofit entities that provide employment
28.14services to low-income individuals and have a demonstrated track record bringing together
28.15employers and workers, private and public funding streams, and other stakeholders to
28.16implement pathways to career advancement for low-income individuals. Entities may
28.17include, but are not limited to, nonprofit organizations, educational institutions, or the
28.18administrative entity of a local workforce service area.
28.19 Sec. 10. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
28.20 Subd. 1a. Pathways program. The pathways program may provide grants-in-aid
28.21for developing programs which assist in the transition of persons from welfare to work and
28.22assist individuals at or below 200 percent of the federal poverty guidelines. The program
28.23is to be operated by the board. The board shall consult and coordinate with program
28.24administrators at the Department of Employment and Economic Development to design
28.25and provide services for temporary assistance for needy families recipients.
28.26 Pathways grants-in-aid may be awarded to educational or other nonprofit training
28.27institutions or to workforce development intermediaries for education and training
28.28programs and services supporting education and training programs that serve eligible
28.29recipients.
28.30 Preference shall be given to projects that:
28.31 (1) provide employment with benefits paid to employees;
28.32 (2) provide employment where there are defined career paths for trainees;
28.33 (3) pilot the development of an educational pathway that can be used on a continuing
28.34basis for transitioning persons from welfare to work; and
29.1 (4) demonstrate the active participation of Department of Employment and
29.2Economic Development workforce centers, Minnesota State College and University
29.3institutions and other educational institutions, and local welfare agencies.
29.4 Pathways projects must demonstrate the active involvement and financial
29.5commitment of private business. Pathways projects must be matched with cash or in-kind
29.6contributions on at least a
29.7business.
29.8 A single grant to any one institution shall not exceed $400,000. A portion of a grant
29.9may be used for preemployment training.
29.10 Sec. 11. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
29.11 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
29.12have the meanings given them in this subdivision.
29.13 (b) "Commissioner" means the commissioner of employment and economic
29.14development.
29.15 (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
29.16time employment ceased or was working in the state at the time employment ceased and:
29.17 (1) has been permanently separated or has received a notice of permanent separation
29.18from public or private sector employment and is eligible for or has exhausted entitlement
29.19to unemployment benefits, and is unlikely to return to the previous industry or occupation;
29.20 (2) has been long-term unemployed and has limited opportunities for employment
29.21or reemployment in the same or a similar occupation in the area in which the individual
29.22resides, including older individuals who may have substantial barriers to employment by
29.23reason of age;
29.24 (3) has been terminated or has received a notice of termination of employment as a
29.25result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
29.26 (4) has been self-employed, including farmers and ranchers, and is unemployed as a
29.27result of general economic conditions in the community in which the individual resides or
29.28because of natural disasters; or
29.29
29.30has spent a substantial number of years in the home providing homemaking service and
29.31(i) has been dependent upon the financial support of another; and now due to divorce,
29.32separation, death, or disability of that person, must find employment to self support; or (ii)
29.33derived the substantial share of support from public assistance on account of dependents
29.34in the home and no longer receives such support.
30.1 To be eligible under this clause, the support must have ceased while the worker
30.2resided in Minnesota.
30.3 (d) "Eligible organization" means a state or local government unit, nonprofit
30.4organization, community action agency, business organization or association, or labor
30.5organization.
30.6 (e) "Plant closing" means the announced or actual permanent shutdown of a single
30.7site of employment, or one or more facilities or operating units within a single site of
30.8employment.
30.9 (f) "Substantial layoff" means a permanent reduction in the workforce, which is
30.10not a result of a plant closing, and which results in an employment loss at a single site
30.11of employment during any 30-day period for at least 50 employees excluding those
30.12employees that work less than 20 hours per week.
30.13 Sec. 12. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
30.14 Subdivision 1. Determination and collection of special assessment. (a) In addition
30.15to amounts due from an employer under the Minnesota unemployment insurance program,
30.16each employer, except an employer making reimbursements is liable for a special
30.17assessment levied at the rate of .10 percent per year
30.18all taxable wages, as defined in section
30.19
30.20
30.21schedule and in the same manner as other amounts due from an employer under section
30.23 (b) The special assessment levied under this section shall be subject to the same
30.24requirements and collection procedures as any amounts due from an employer under the
30.25Minnesota unemployment insurance program.
30.26 Sec. 13. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
30.27 Subdivision 1. Designation of workforce service areas. For the purpose of
30.28administering federal, state, and local employment and training services, the commissioner
30.29shall designate the geographic boundaries for workforce service areas in Minnesota.
30.30 The commissioner shall approve a request to be a workforce service area from:
30.31 (1) a home rule charter or statutory city with a population of 200,000 or more or a
30.32county with a population of 200,000 or more; or
31.1 (2) a consortium of contiguous home rule charter or statutory cities or counties
31.2with an aggregate population of 200,000 or more that serves a substantial part of one or
31.3more labor markets.
31.4 The commissioner may approve a request to be a workforce service area from a
31.5home rule charter or statutory city or a county or a consortium of contiguous home
31.6rule charter or statutory cities or counties, without regard to population, that serves a
31.7substantial portion of a labor market area.
31.8 The commissioner shall make a final designation of workforce service areas within
31.9the state after consulting with local elected officials and the governor's Workforce
31.10Development Council. Existing service delivery areas designated under the federal Job
31.11Training Partnership Act shall be initially designated as workforce service areas providing
31.12that no other petitions are submitted by local elected officials.
31.13 The commissioner may redesignate workforce service areas, upon the advice and
31.14consent of the affected local elected officials, no more frequently than every two years.
31.15These redesignations must be made not later than four months before the beginning of a
31.16program year.
31.17 Sec. 14. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
31.18 Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
31.19corporation with which it has entered into an agreement under subdivision 1. These
31.20loans must be used to support a new or expanding business. This support may include
31.21such forms of financing as the sale of goods to the business on installment or deferred
31.22payments, lease purchase agreements, or royalty investments in the business. The interest
31.23rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
31.24the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
31.25nonprofit corporation may charge a loan origination fee equal to or less than one percent
31.26of the loan value. The nonprofit corporation may retain the amount of the origination fee.
31.27The nonprofit corporation must provide at least an equal match to the loan received by the
31.28board. The maximum loan available to the nonprofit corporation under this subdivision is
31.29$50,000. Loans made to the nonprofit corporation under this subdivision may be made
31.30without interest. Repayments made by the nonprofit corporation must be deposited in the
31.31revolving fund created for urban initiative grants.
31.32 Sec. 15. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
31.33PROGRAM.
32.1 Subdivision 1. Establishment; purpose. The small business growth acceleration
32.2program is established. The purpose of the program is to (1) help qualified companies
32.3implement technology and business improvements; and (2) bridge the gap between
32.4standard market pricing for technology and business improvements and what qualified
32.5companies can afford to pay.
32.6 Subd. 2. Qualified company. A company is qualified to receive assistance under
32.7the small business growth acceleration program if it is a manufacturing company or a
32.8manufacturing-related service company that employs 100 or fewer full-time equivalent
32.9employees.
32.10 Subd. 3. Applications for assistance. A company seeking assistance under the
32.11small business growth acceleration program must file an application according to the
32.12requirements of the corporation. A company's application for small business growth
32.13acceleration program assistance must include documentation of the company's overall plan
32.14for technology and business improvement and prioritize the components of the overall
32.15plan. The application must also document the company's need for small business growth
32.16acceleration program funds in order to carry forward the highest priority components of
32.17the plan.
32.18 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
32.19procedures for determining which applicants for assistance under the small business
32.20growth acceleration program will receive program funding. Funding shall be awarded
32.21only to accelerate a qualified company's adoption of needed technology or business
32.22improvements when the corporation concludes that it is unlikely the improvements could
32.23be accomplished in any other way.
32.24 (b) The maximum amount of funds awarded to a qualified company under the small
32.25business growth acceleration program for a particular project must not exceed 50 percent
32.26of the total cost of a project and must not under any circumstances exceed $25,000 during
32.27a calendar year. The corporation shall not award to a qualified company small business
32.28growth acceleration program funds in excess of $50,000 per year.
32.29 (c) Any funds awarded to a qualified company under the small business growth
32.30acceleration program must be used for business services and products that will enhance the
32.31operation of the company. These business services and products must come either directly
32.32from the corporation or from a network of expert providers identified and approved by
32.33the corporation. No company receiving small business growth acceleration program
32.34funds may use the funds for refinancing, overhead costs, new construction, renovation,
32.35equipment, or computer hardware.
33.1 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
33.2documented according to requirements of the corporation.
33.3 Subd. 5. Service agreements. The corporation shall enter a written service
33.4agreement with each company awarded funds under the small business growth acceleration
33.5program. Each service agreement shall clearly articulate the company's need for service,
33.6state the cost of the service, identify who will provide the service, and define the scope of
33.7the service that will be provided. The service agreement must also include an estimate
33.8of the financial impact of the service on the company and require the company to report
33.9the actual financial impact of the service to the corporation 24 months after the service is
33.10provided.
33.11 Subd. 6. Reporting. The corporation shall report annually to the legislative
33.12committees with fiscal jurisdiction over the Department of Employment and Economic
33.13Development:
33.14 (1) the funds awarded under the small business growth acceleration program during
33.15the past 12 months;
33.16 (2) the estimated financial impact of the funds awarded to each company receiving
33.17service under the program; and
33.18 (3) the actual financial impact of funds awarded during the past 24 months.
33.19 Sec. 16. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
33.20 Subdivision 1. Definitions. For the purposes of this section and section 179.87:
33.21 (1) "employer" means any person or business entity having 25 or more employees
33.22in the meatpacking industry; and
33.23 (2) "meatpacking industry" means business operations in which slaughtering,
33.24butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry
33.25packing, poultry manufacturing, pet food manufacturing, processing of meatpacking
33.26products, or rendering is carried on. Meatpacking products include livestock and poultry
33.27products.
33.28 Subd. 2. Right to adequate facilities. An employer must provide its employees:
33.29 (1) adequate and working restroom facilities;
33.30 (2) adequate room for meal and rest breaks;
33.31 (3) adequate locker facilities; and
33.32 (4) adequate time for necessary restroom and meal breaks as required under chapter
33.33177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter
33.34126, or a valid collective bargaining agreement.
34.1 Subd. 3. Right to adequate equipment and training. An employer must furnish its
34.2employees with equipment and training that is adequate to perform the job task assigned.
34.3An employer must make ongoing skill development and training opportunities, including
34.4supervisory training, available to employees.
34.5 Subd. 4. Information provided to employee by employer. (a) An employer must
34.6provide an explanation in an employee's native language of the employee's rights and
34.7duties as an employee either person-to-person or through written materials as required
34.8by state or federal law, or a valid collective bargaining agreement that, at a minimum,
34.9includes:
34.10 (1) a complete description of the salary and benefits plans as they relate to the
34.11employee as required under chapter 181;
34.12 (2) a job description for the employee's position as required under chapter 181;
34.13 (3) a description of leave policies as required under chapter 181 and United States
34.14Code, title 29, chapter 28;
34.15 (4) a description of the work hours and work hours policy as required under chapter
34.16181; United States Code, title 29, chapter 201; or a valid collective bargaining agreement;
34.17and
34.18 (5) a description of the occupational hazards known to exist for the position as
34.19required under chapters 181 and 182 and United States Code, title 29, chapter 15.
34.20 (b) The explanation must also include information on the following employee rights
34.21as protected by state or federal law and a description of where additional information
34.22about those rights may be obtained:
34.23 (1) the right to organize and bargain collectively as required under this chapter and
34.24chapter 177, and United States Code, title 29, chapter 7;
34.25 (2) the right to a safe workplace as required under chapters 181 and 182 and United
34.26States Code, title 29, chapter 15; and
34.27 (3) the right to be free from discrimination as required under this chapter and
34.28chapters 181, 182, and 363A, and United States Code, title 42, chapter 21.
34.29 Subd. 5. Civil action. A person aggrieved as a result of a violation of this section
34.30may file suit in any district court of this state. If the court finds that the respondent has
34.31intentionally violated this section, the court may award damages up to and including an
34.32amount equal to the original damages and may provide injunctive relief.
34.33 Subd. 6. Criminal penalty. An employer who violates this section is guilty of a
34.34misdemeanor.
35.1 Sec. 17. [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS
35.2OMBUDSMAN.
35.3 Subdivision 1. Position established. The position of meatpacking industry workers
35.4rights ombudsman is established within the Department of Labor and Industry. The
35.5ombudsman shall be an employee of the department. The ombudsman shall be appointed
35.6by the commissioner in consultation with the chairs of the standing committees of the
35.7senate and house of representatives with jurisdiction over labor and employment issues in
35.8accordance with the preference established in subdivision 5.
35.9 Subd. 2. Duties. The ombudsman shall inspect and review the practices and
35.10procedures of meatpacking operations in the state. The ombudsman shall work to ensure
35.11workers rights under section 179.86 are protected.
35.12 Subd. 3. Access. The ombudsman or designated representatives of the ombudsman
35.13shall have access to all meatpacking operations in the state at any time meatpacking
35.14products are being processed and industry workers are on the job.
35.15 Subd. 4. Office. Necessary office space, furniture, equipment, and supplies as
35.16well as necessary assistance for the ombudsman shall be provided by the Department of
35.17Labor and Industry.
35.18 Subd. 5. Language preference. Preference shall be given to applicants for the
35.19ombudsman position who are fluent in languages in addition to English.
35.20 Subd. 6. Report. The ombudsman shall, on or before December 1 of each year,
35.21submit a report to the members of the legislature and the governor regarding any
35.22recommended actions the ombudsman deems necessary or appropriate to provide for the
35.23fair treatment of workers in the meatpacking industry.
35.24 Sec. 18. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
35.25 Subd. 3. Other duties. (a) The commissioner shall:
35.26 (1) provide mediation services as requested by the parties until the parties reach
35.27agreement, and may continue to assist parties after they have submitted their final
35.28positions for interest arbitration;
35.29 (2) issue notices, subpoenas, and orders required by law to carry out duties under
35.30sections
35.31 (3) assist the parties in formulating petitions, notices, and other papers required to
35.32be filed with the commissioner;
35.33 (4) conduct elections;
35.34 (5) certify the final results of any election or other voting procedure conducted
35.35under sections
36.1 (6) adopt rules relating to the administration of this chapter and the conduct of
36.2hearings and elections;
36.3 (7) receive, catalogue, file, and make available to the public all decisions of
36.4arbitrators and panels authorized by sections
36.5decisions, and the commissioner's orders and decisions;
36.6 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
36.7section
36.8a contractual grievance procedure;
36.9 (9) maintain a schedule of state employee classifications or positions assigned to
36.10each unit established in section
36.11 (10) collect fees established by rule for empanelment of persons on the labor
36.12arbitrator roster maintained by the commissioner or in conjunction with fair share fee
36.13challenges. Arbitrator application fees will be $100 per year for initial applications and
36.14renewals effective July 1, 2007;
36.15 (11) provide technical support and assistance to voluntary joint labor-management
36.16committees established for the purpose of improving relationships between exclusive
36.17representatives and employers, at the discretion of the commissioner;
36.18 (12) provide to the parties a list of arbitrators as required by section
36.19subdivision 4
36.20 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
36.21representatives for the resolution of grievance or interest disputes. Each person on the
36.22list must be knowledgeable about collective bargaining and labor relations in the public
36.23sector, well versed in state and federal labor law, and experienced in and knowledgeable
36.24about labor arbitration. To the extent practicable, the commissioner shall appoint members
36.25to the list so that the list is gender and racially diverse.
36.26 (b) From the names provided by representative organizations, the commissioner
36.27shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
36.28according to section
36.29one of the following requirements:
36.30 (1) be a former or retired judge;
36.31 (2) be a qualified arbitrator on the list maintained by the bureau;
36.32 (3) be a present, former, or retired administrative law judge; or
36.33 (4) be a neutral individual who is learned in the law and admitted to practice in
36.34Minnesota, who is qualified by experience to conduct these hearings, and who is without
36.35bias to either party.
37.1 Each year, education Minnesota shall provide a list of up to 14 names and the
37.2Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
37.3The commissioner may adopt rules about maintaining and updating the list.
37.4 Sec. 19. Minnesota Statutes 2006, section 181.78, is amended by adding a subdivision
37.5to read:
37.6 Subd. 4. Forfeiture of employer rights. (a) This subdivision applies to an
37.7invention or proposal by an employee in which the employer has an enforceable interest
37.8by contract or otherwise.
37.9 (b) An employer who has a right to develop or utilize an invention or proposal
37.10must make a substantial investment in the invention or proposal within five years of the
37.11submission of the invention or proposal or forfeit all rights and interests in the invention
37.12or proposal to the employee.
37.13 (c) An employee who has acquired the rights and interests of an employer under
37.14paragraph (b) may transfer that interest in the invention or proposal to anyone.
37.15 (d) An employer must notify in writing an employee who submits an invention or
37.16proposal to the employer of the employee's right under this subdivision within ten days of
37.17the submission. The employer must date and describe the proposal or invention received
37.18by the employer and provide a copy to the employee.
37.19 Sec. 20. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
37.20PRESENCE OF LIQUOR.
37.21 No minor under the age of 18 shall be employed in any rooms constituting the place
37.22in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
37.23tasks involving the serving, dispensing, or handling of such liquors that are consumed on
37.24the premises except that:
37.25 (1) minors who have reached the age of 16 may be employed to perform busing or
37.26dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where
37.27the presence of intoxicating liquor is incidental to food service or preparation;
37.28 (2) minors who have reached the age of 16 may be employed to perform busing or
37.29dishwashing services or to provide waiter or waitress service in rooms or areas where the
37.30presence of 3.2 percent malt liquor is incidental to food service or preparation;
37.31 (3) minors who have reached the age of 16 may be employed to provide musical
37.32entertainment in those rooms or areas where the presence of intoxicating liquor and
37.33percent malt liquor is incidental to food service or preparation; and
38.1 (4) minors are not prevented from working at tasks which are not prohibited by law
38.2in establishments where liquor is sold, served, dispensed, or handled in those rooms or
38.3areas where no liquor is consumed or served.
38.4 Sec. 21. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
38.5 Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
38.6employers and employees of this state resulting from personal injuries and illnesses arising
38.7out of work situations is substantial; that the prevention of these injuries and illnesses is an
38.8important objective of the government of this state; that the greatest hope of attaining this
38.9objective lies in programs of research and education, and in the earnest cooperation of
38.10government, employers and employees; and that a program of regulation and enforcement
38.11is a necessary supplement to these more basic programs.
38.12 The legislature declares it to be its purpose and policy through the exercise of its
38.13powers to assure so far as possible every worker in the state of Minnesota safe and
38.14healthful working conditions and to preserve our human resources by:
38.15 (a) authorizing the Occupational Safety and Health Advisory Council to advise,
38.16consult with or recommend on any matters relating to the Minnesota occupational
38.17safety and health plan to the commissioner of labor and industry and by authorizing the
38.18commissioner of labor and industry to promulgate and enforce mandatory occupational
38.19safety and health standards applicable to employers and employees in the state of
38.20Minnesota;
38.21 (b) encouraging employers and employees to increase their efforts to reduce the
38.22number of occupational safety and health hazards at their places of employment, and to
38.23stimulate employers and employees to institute new and to perfect existing programs for
38.24providing safe and healthful working conditions;
38.25 (c) providing that employers and employees have separate but dependent
38.26responsibilities and rights with respect to achieving safe and healthful working conditions;
38.27 (d) providing for research in the field of occupational safety and health; including
38.28the psychological factors involved, and by developing innovative methods, techniques,
38.29and approaches for dealing with occupational safety and health problems;
38.30 (e) exploring ways to discover latent diseases, establishing causal connections
38.31between diseases and work in environmental conditions, and conducting other research
38.32relating to health problems, in recognition of the fact that occupational health standards
38.33present problems often different from those involved in occupational safety;
38.34 (f) utilizing advances already made by federal laws and regulations providing safe
38.35and healthful working conditions;
39.1 (g) providing criteria which will assure insofar as practicable that no employee
39.2will suffer diminished health, functional capacity, or life expectancy as a result of work
39.3experience;
39.4 (h) providing an effective enforcement program which shall include locating
39.5enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
39.6injuries, and complaints and a prohibition against giving advance notice of an inspection
39.7and sanctions for any individual violating this prohibition;
39.8 (i) providing for appropriate reporting procedures with respect to occupational
39.9safety and health, which procedures will help achieve the objectives of this chapter and
39.10accurately describe the nature of the occupational safety and health problem;
39.11 (j) encouraging joint labor-management efforts to reduce injuries and diseases
39.12arising out of employment;
39.13 (k) providing consultation to employees and employers which will aid them in
39.14complying with their responsibilities under this chapter where such consultation does not
39.15interfere with the effective enforcement of this chapter; and
39.16 (l) providing for training programs to increase the number and competence of
39.17personnel engaged in the field of occupational safety and health.
39.18 Sec. 22. [182.6551] CITATION.
39.19 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
39.20 Sec. 23. [182.6552] DEFINITIONS.
39.21 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
39.22individual doing the job of directly providing physical care to patients including nurses, as
39.23defined by section 148.171, who provide physical care to patients.
39.24 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
39.25section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
39.26subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
39.27 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
39.28scientific evidence on causes of injuries, that uses safe patient handling equipment rather
39.29than people to transfer, move, and reposition patients in all health care facilities to reduce
39.30workplace injuries. This process also reduces the risk of injury to patients.
39.31 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
39.32means engineering controls, lifting and transfer aids, or mechanical assistive devices used
39.33by nurses and other direct patient care workers instead of manual lifting to perform the
39.34acts of lifting, transferring, and repositioning health care facility patients and residents.
40.1 Sec. 24. [182.6553] SAFE PATIENT HANDLING PROGRAM.
40.2 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
40.3every licensed health care facility in the state shall adopt a written safe patient handling
40.4policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
40.5manual lifting of patients by nurses and other direct patient care workers by utilizing
40.6safe patient handling equipment.
40.7 (b) The program shall address:
40.8 (1) assessment of hazards with regard to patient handling;
40.9 (2) the acquisition of an adequate supply of appropriate safe patient handling
40.10equipment;
40.11 (3) initial and ongoing training of nurses and other direct patient care workers on
40.12the use of this equipment;
40.13 (4) procedures to ensure that physical plant modifications and major construction
40.14projects are consistent with program goals; and
40.15 (5) periodic evaluations of the safe patient handling program.
40.16 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
40.17health care facility in the state shall establish a safe patient handling committee either by
40.18creating a new committee or assigning the functions of a safe patient handling committee
40.19to an existing committee.
40.20 (b) Membership of a safe patient handling committee or an existing committee must
40.21meet the following requirements:
40.22 (1) at least half the members shall be nonmanagerial nurses and other direct patient
40.23care workers; and
40.24 (2) in a health care facility where nurses and other direct patient care workers
40.25are covered by a collective bargaining agreement, the union shall select the committee
40.26members proportionate to its representation of nonmanagerial workers, nurses, and other
40.27direct patient care workers.
40.28 (c) A health care organization with more than one covered health care facility may
40.29establish a committee at each facility or one committee to serve this function for all the
40.30facilities. If the organization chooses to have one overall committee for multiple facilities,
40.31at least half of the members of the overall committee must be nonmanagerial nurses and
40.32other direct patient care workers and each facility must be represented on the committee.
40.33 (d) Employees who serve on a safe patient handling committee must be compensated
40.34by their employer for all hours spent on committee business.
40.35 Subd. 3. Facilities with existing programs. A facility that has already adopted a
40.36safe patient handling policy that satisfies the requirements of subdivision 1, and established
41.1a safe patient handling committee by July 1, 2008, is considered to be in compliance
41.2with those requirements. The committee must continue to satisfy the requirements of
41.3subdivision 2, paragraph (b), on an ongoing basis.
41.4 Subd. 4. Committee duties. A safe patient handling committee shall:
41.5 (1) complete a patient handling hazard assessment that:
41.6 (i) considers patient handling tasks, types of nursing units, patient populations, and
41.7the physical environment of patient care areas;
41.8 (ii) identifies problems and solutions;
41.9 (iii) identifies areas of highest risk for lifting injuries; and
41.10 (iv) recommends a mechanism to report, track, and analyze injury trends;
41.11 (2) make recommendations on the purchase, use, and maintenance of an adequate
41.12supply of appropriate safe patient handling equipment;
41.13 (3) make recommendations on training of nurses and other direct patient care
41.14workers on use of safe patient handling equipment, initially when the equipment arrives at
41.15the facility and periodically afterwards;
41.16 (4) conduct annual evaluations of the safe patient handling implementation plan and
41.17progress toward goals established in the safe patient handling policy; and
41.18 (5) recommend procedures to ensure that, when remodeling of patient care areas
41.19occurs, the plans incorporate safe patient handling equipment or the physical space and
41.20construction design needed to accommodate safe patient handling equipment at a later date.
41.21 Subd. 5. Training materials. The commissioner shall make training materials on
41.22implementation of this section available to all health care facilities at no cost as part of the
41.23training and education duties of the commissioner under section 182.673.
41.24 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
41.25section 182.661. A violation of this section is subject to the penalties provided under
41.26section 182.666.
41.27 Subd. 7. Grant program. The commissioner may make grants to health care
41.28facilities to acquire safe patient handling equipment and for training on safe patient
41.29handling and safe patient handling equipment. Grants to any one facility may not exceed
41.30$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
41.31commissioner shall establish a grant application process. The commissioner may give
41.32priority for grants to facilities that demonstrate that acquiring safe patient handling
41.33equipment will impose a financial hardship on the facility. For health care facilities
41.34that provide evidence of hardship, the commissioner may waive the 50 percent match
41.35requirement and may grant such a facility more than $40,000. Health care facilities that
42.1the commissioner determines are experiencing hardship shall not be required to meet the
42.2safe patient handling requirements until July 1, 2012.
42.3 Sec. 25. Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read:
42.4 Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not
42.5be eligible to receive unemployment benefits for any week with respect to which the
42.6applicant is receiving, has received, or has filed for payment, equal to or in excess of the
42.7applicant's weekly unemployment benefit amount, in the form of:
42.8 (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause
42.9shall not apply to vacation pay paid upon a permanent separation from employment;
42.10 (2) severance pay, bonus pay, sick pay, and any other money payments, except
42.11earnings under subdivision 5, and back pay under subdivision 6, paid by an employer
42.12because of, upon, or after separation from employment, but only if the money payment is
42.13considered wages at the time of payment under section
42.14States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act
42.15This clause does not apply to the first $10,000 of any amount of severance pay, bonus
42.16pay, sick pay, or any other payments paid to an employee with annual salary or wages
42.17under $75,000; or
42.18 (3) pension, retirement, or annuity payments from any plan contributed to by a base
42.19period employer including the United States government, except Social Security benefits
42.20which are provided for in subdivision 4. The base period employer contributed to the
42.21plan if the contribution is excluded from the definition of wages under section
42.22subdivision 29
42.23the Federal Insurance Contribution Act.
42.24 An applicant shall not be considered to have received the lump sum payment if the
42.25applicant immediately deposits that payment in a qualified pension plan or account; or
42.26 (4) holiday pay.
42.27 (b) This subdivision shall apply to all the weeks of payment and shall be applied to
42.28the period immediately following the last day of employment. The number of weeks of
42.29payment shall be determined as follows:
42.30 (1) if the payments are made periodically, the total of the payments to be received
42.31shall be divided by the applicant's last level of regular weekly pay from the employer; or
42.32 (2) if the payment is made in a lump sum, that sum shall be divided by the applicant's
42.33last level of regular weekly pay from the employer.
42.34 (c) If the payment is less than the applicant's weekly unemployment benefit amount,
42.35unemployment benefits shall be reduced by the amount of the payment. If the computation
43.1of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the
43.2next lower whole dollar.
43.3EFFECTIVE DATE.This section is effective for unemployment benefits paid on
43.4or after January 1, 2006, regardless of when the continued request was filed or the week
43.5for which the unemployment benefits are paid.
43.6 Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
43.7to read:
43.8 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
43.9must ensure that the telephone system used for unemployment insurance benefits provides
43.10an option for any caller to speak to an unemployment insurance specialist. An individual
43.11who calls any of the publicized telephone numbers seeking information about applying for
43.12benefits or on the status of a claim must have the option to speak on the telephone to a
43.13specialist who can provide direct assistance or can direct the caller to the person or office
43.14that is able to respond to the caller's needs.
43.15 Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
43.16 Subd. 13. Supported employment. (a) "Supported employment" means
43.17employment of a person with a disability so severe that the person needs ongoing training
43.18and support to get and keep a job in which:
43.19 (1) the person engages in paid work in a position removed from the service vendor's
43.20site where individuals without disabilities who do not require public subsidies also may
43.21be employed;
43.22 (2) public funds are necessary to provide ongoing training and support services
43.23throughout the period of the person's employment; and
43.24 (3) the person has the opportunity for social interaction with individuals who do not
43.25have disabilities and who are not paid caregivers.
43.26 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
43.27then employment at that site may be considered supported employment.
43.28 Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
43.29subdivision to read:
43.30 Subd. 14. Affirmative business enterprise employment. "Affirmative business
43.31enterprise employment" means employment which provides paid work on the premises of
43.32an affirmative business enterprise as certified by the commissioner.
44.1 Affirmative business enterprise employment is considered community employment
44.2for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
44.3that the wages for individuals reported must be at or above customary wages for the
44.4same employer. The employer must also provide one benefit package that is available to
44.5all employees.
44.6 Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
44.7 Subdivision 1. Appointment; membership. Every city, town, county, nonprofit
44.8corporation, or combination thereof establishing a rehabilitation facility shall appoint a
44.9rehabilitation facility board of no fewer than
44.10eligible for the assistance provided by sections
44.11town, or county singly establishes such a rehabilitation facility, the board shall be
44.12appointed by the chief executive officer of the city or the chair of the governing board
44.13of the county or town. When any combination of cities, towns, counties, or nonprofit
44.14corporations establishes a rehabilitation facility, the chief executive officers of the cities,
44.15nonprofit corporations, and the chairs of the governing bodies of the counties or towns
44.16shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
44.17facility, the corporation shall appoint the board of directors. Membership on a board
44.18shall be representative of the community served and shall include a person with a
44.19disability.
44.20
44.21
44.22
44.23
44.24
44.25
44.26and manages the program with county employees, the governing board shall be the county
44.27board of commissioners, and other provisions of this chapter pertaining to membership on
44.28the governing board do not apply.
44.29 Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
44.30subdivision to read:
44.31 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
44.32premises of a rehabilitation facility may be certified as an integrated setting after a site
44.33review by the department.
45.1 Sec. 31. [325E.259] CUSTOMER SALES OR SERVICE CALL CENTER
45.2REQUIREMENTS.
45.3 Subdivision 1. Definitions. For purposes of this section, the following terms have
45.4the meanings given them.
45.5 (1) "Customer sales and service call center" means an entity whose primary purpose
45.6includes the initiating or receiving of telephonic communications on behalf of any person
45.7for the purpose of initiating telephone solicitations as defined in section
45.8subdivision 6
45.9 (2) "Customer service call center" means an entity whose primary purpose includes
45.10the initiating or receiving of telephonic communications on behalf of any person for the
45.11purposes of providing or receiving services or information necessary in connection with
45.12the providing of services or other benefits.
45.13 (3) "Customer services employee" means a person employed by or working on
45.14behalf of a customer sales call center or a customer service call center.
45.15 Subd. 2. Customers' right to customer sales or customer service call center
45.16information. (a) An individual who is a Minnesota resident who receives a telephone call
45.17from, or places a telephone call to, a customer sales call center or a customer service call
45.18center, upon request, has the right to know the identification of the state or country where
45.19the customer service employee is located.
45.20 (b) An individual who is a Minnesota resident who receives a telephone solicitation
45.21from, or places a telephone call to, a customer sales call center or a customer service call
45.22center located in a foreign country, which requests the Minnesota resident's financial,
45.23credit, or identifying information, has the right, upon reaching a customer service
45.24representative, to request an alternative option to contact a customer sales or service
45.25center located in the United States before the information is given if the alternative
45.26option is available.
45.27 Subd. 3. Nonapplicability; business-to-business calls. The rights granted under
45.28this section to an individual who is a Minnesota resident do not apply when the individual
45.29who is a Minnesota resident is making or receiving the call on behalf of a business.
45.30 Subd. 4. Violation. It is fraud under section 325F.69 for a person to willfully
45.31violate this section.
45.32 Subd. 5. Application to other remedies. Nothing in this section changes the
45.33remedies currently available under state or federal law or creates additional or new
45.34remedies.
45.35EFFECTIVE DATE.This section is effective August 1, 2007.
46.1 Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
46.2to read:
46.3 Subd. 5. Local planning assistance. A regional development commission or,
46.4in regions not served by regional development commissions, a regional organization
46.5selected by the commissioner of employment and economic development, may develop a
46.6program to support planning on behalf of local units of government. The local planning
46.7must be related to issues of regional or statewide significance and may include, but is not
46.8limited to, the following:
46.9 (1) local planning and development assistance, which may include local zoning
46.10ordinances and land use plans;
46.11 (2) community or economic development plans, which may include workforce
46.12development plans, housing development plans and market analysis, JOBZ administration,
46.13grant writing assistance, and grant administration;
46.14 (3) environment and natural resources plans, which may include solid waste
46.15management plans, wastewater management plans, and renewable energy development
46.16plans;
46.17 (4) rural community health services; and
46.18 (5) development of geographical information systems to serve regional needs,
46.19including hardware and software purchases and related labor costs.
46.20 Each regional development commission or organization shall submit to the
46.21commissioner of employment and economic development an annual work program
46.22that outlines the work items for the upcoming year and establishes the relationship of
46.23the work items to development issues of regional or statewide significance. The entity
46.24completing the annual work program and identifying the statewide development issues
46.25shall consider input from the Departments of Employment and Economic Development,
46.26Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
46.27appropriate to the issues.
46.28 Sec. 33. WORKFORCE ENHANCEMENT FEE.
46.29 If the commissioner of employment and economic development determines that
46.30the need for services under the dislocated worker program substantially exceeds the
46.31resources that will be available for the program, the commissioner may increase the
46.32special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
46.33more than .12 percent of taxable wages.
46.34 Sec. 34. FEDERAL PROCUREMENT LIAISON.
47.1 The commissioner of employment and economic development must establish and
47.2operate a technology and commercialization unit in the Department of Employment and
47.3Economic Development. Appropriation for this purpose must be used to: coordinate
47.4public and private efforts to procure federal funding for collaborative research and
47.5development projects of primary benefit to small- and medium-sized businesses; promote
47.6contractual relationships between Minnesota businesses who, as recipients of federal
47.7grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess
47.8the research and development capabilities of small- and medium-sized businesses;
47.9undertake referral activities to link Minnesota companies with federal requests for
47.10proposal opportunities; and develop a framework for Minnesota companies to establish
47.11sole-sourcing relationships with federal agencies.
47.12 The commissioner must report to the committees in the house of representatives and
47.13the senate having jurisdiction over bioscience and technology issues on the activities of
47.14the technology and commercialization unit by June 30 of each year.
47.15 Sec. 35. LOCATION OF NORTHERN MINNESOTA INSPECTORS.
47.16 By December 31, 2007, the commissioner of labor and industry must assign three
47.17occupational safety and health inspectors to one or more offices on the Iron Range and one
47.18inspector to an office in Bemidji.
47.19 Sec. 36. ROLE OF STATE LEGISLATURE IN TRADE POLICY.
47.20 (a) It shall be the policy of the state that approval for the state to be bound by any
47.21trade agreement requires the consent of the state legislature.
47.22 (b) Four state legislative contacts must be informed by the governor when any trade
47.23agreement arrives in the governor's office. The four contacts are the majority and minority
47.24leader of the senate or their designated legislators, and the speaker and minority leader in
47.25the house of representatives or their designated legislators. The legislature declares that
47.26the purposes of the state contacts are to:
47.27 (1) serve as the state's official legislative liaisons with the governor and the state
47.28legislature on trade-related matters;
47.29 (2) serve as the legislature's designated recipients from the governor of federal
47.30requests for consent to consultation regarding investment, procurement, services, or other
47.31provisions of international trade agreements, which impinge on state law or regulatory
47.32authority reserved to the states;
47.33 (3) transmit information regarding federal requests from the governor to all
47.34appropriate legislative committees;
48.1 (4) issue a formal request to the Department of Employment and Economic
48.2Development and all appropriate state agencies to provide analysis of all proposed trade
48.3agreements' impact on state legislative authority and the economy of the state;
48.4 (5) inform all members of the legislature on a regular basis about ongoing trade
48.5negotiations and dispute settlement proceedings with implications for the state more
48.6generally;
48.7 (6) communicate the concerns of the legislature to the governor and the United
48.8States trade representative regarding ongoing and proposed trade negotiations; and
48.9 (7) notify the governor and the United States trade representative of the outcome
48.10of any legislative action.
48.11 (c) The following actions are required before the state shall consent to the terms of
48.12a trade agreement:
48.13 (1) when a federal trade request has been received, the governor must submit the
48.14request to the legislative contacts on a day both houses are in session. The request must
48.15contain a copy of the final legal text of the agreement together with:
48.16 (i) a report by the Department of Employment and Economic Development in
48.17consultation with, at a minimum, the following agencies: Department of Administration,
48.18Department of Labor and Industry, Department of Agriculture, Department of Natural
48.19Resources, and the Minnesota Pollution Control Agency. The report shall include an
48.20analysis of how the agreement of the state to the specific provisions of the agreement
48.21will change or affect existing state law;
48.22 (ii) a statement of any administrative action proposed to implement these trade
48.23agreement provisions in the state; and
48.24 (iii) a draft of legislation authorizing the state to sign on to the specific listed
48.25provisions of the agreement in question;
48.26 (2) at least one public hearing, with adequate public notice, shall occur before the
48.27legislature votes on the bill; and
48.28 (3) the bill authorizing the state to sign on to specific listed provisions of an
48.29agreement is enacted into law.
48.30 (d) It is the sense of this legislature that Congress should pass legislation instructing
48.31the United States trade representative to fully and formally consult individual state
48.32legislatures regarding procurement, services, investment, or any other trade agreement
48.33rules that impact state laws or authority before negotiations begin and as they develop,
48.34and to seek consent from state legislatures in addition to governors prior to binding
48.35states to conform their laws to the terms of international commercial agreements. Such
49.1legislation is necessary to ensure the prior informed consent of the state with regard to
49.2future international trade and investment agreements.
49.3 (e) The state attorney general shall notify the United States trade representative of
49.4the policies in paragraph (d) in writing no later than 30 days after its effective date, and
49.5shall provide copies of the notice to the president of the senate, speaker of the house of
49.6representatives, the governor, and the state's congressional delegation.
49.7 Sec. 37. STUDY; SAFE PATIENT HANDLING.
49.8 (a) The commissioner of labor and industry shall study ways to require workers'
49.9compensation insurers to recognize compliance with Minnesota Statutes, section
49.10182.6553, in the workers' compensation premiums of health care and long-term care
49.11facilities. The commissioner shall report by January 15, 2008, the results of the study
49.12to the chairs of the policy committees of the legislature with primary jurisdiction over
49.13workers' compensation issues.
49.14 (b) By January 15, 2008, the commissioner must make recommendations to the
49.15legislature regarding funding sources available to health care facilities for safe patient
49.16handling programs and equipment, including, but not limited to, low interest loans, interest
49.17free loans, and federal, state, or county grants.
49.18 Sec. 38. WORK GROUP; SAFE PATIENT HANDLING.
49.19 The Minnesota State Council on Disability shall convene a work group comprised
49.20of representatives from the Minnesota Medical Association and other organizations
49.21representing clinics, disability advocates, and direct care workers, to do the following:
49.22 (1) assess the current options for and use of safe patient handling equipment in
49.23unlicensed outpatient clinics, physician offices, and dental settings;
49.24 (2) identify barriers to the use of safe patient handling equipment in these settings;
49.25and
49.26 (3) define clinical settings that move patients to determine applicability of the Safe
49.27Patient Handling Act.
49.28 The work group must report to the legislature by January 15, 2008, including
49.29reports to the chairs of the senate and house of representatives committees on workforce
49.30development.
49.31 Sec. 39. EFFECT ON RULES.
49.32 The commissioner of labor and industry shall amend Minnesota Rules, part
49.33
50.1may use the good cause exemption in Minnesota Statutes, section
50.2the amendment required by this section.
50.3 Sec. 40. PUBLIC FACILITIES AUTHORITY FUNDING.
50.4 To the greatest practical extent, projects on the Public Facilities Authority's 2007
50.5intended use plan, the listings for which were based on the Pollution Control Agency's
50.62006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
50.7qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
50.8section 21, that could not be certified by the Pollution Control Agency by the applicable
50.9deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
50.10issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
50.11obtain the required certification from the Pollution Control Agency.
50.12 Sec. 41. REPEALER.
50.13Minnesota Statutes 2006, section 16C.18, subdivision 2, is repealed.
50.16 Section 1. [154.465] HAIR BRAIDING.
50.17 Subdivision 1. Registration. Any person engaged in hair braiding solely for
50.18compensation as a profession, except persons licensed as cosmetologists, shall register
50.19with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
50.20by the board.
50.21 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
50.22results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
50.23locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
50.24fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
50.25hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
50.26includes what is commonly known as "African-style hair braiding" or "natural hair care"
50.27but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
50.28Hair braiding includes the making of customized wigs from natural hair, natural fibers,
50.29synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
50.30as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
50.31involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
50.32chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
50.33or chemical hair bleaching agents applied to growing human hair. For purposes of this
51.1section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
51.2rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
51.3are required solely for hair braiding.
51.4 Subd. 3. Requirements. In order to qualify for initial registration, any person
51.5engaged in hair braiding solely for compensation as a profession shall satisfactorily
51.6complete instruction at either an accredited school or by an individual, except persons
51.7licensed as cosmetologists approved by the board. Instruction includes coursework
51.8covering the topics of health, safety, sanitation, and state laws related to cosmetology not
51.9to exceed 30 hours. The coursework is encouraged to be provided in a foreign language
51.10format and such availability shall be reported to and posted by the Minnesota Board
51.11of Barber and Cosmetology Examiners.
51.12 Subd. 4. Curriculum. An accredited school or an individual approved by the board
51.13desiring to provide the coursework required under subdivision 3 shall have curriculum in
51.14place by January 1, 2008.
51.15EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
51.16effective the day following final enactment.
51.17 Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
51.18 Subdivision 1. Examination of records. The commissioner may enter during
51.19reasonable office hours or upon request and inspect the place of business or employment of
51.20any employer of employees working in the state, to examine and inspect books, registers,
51.21payrolls, and other records of any employer that in any way relate to wages, hours, and
51.22other conditions of employment of any employees. The commissioner may transcribe any
51.23or all of the books, registers, payrolls, and other records as the commissioner deems
51.24necessary or appropriate and may question the employees to ascertain compliance with
51.25sections
51.26complaints by an employee against an employer if the failure to pay a wage may violate
51.27Minnesota law or an order or rule of the department.
51.28 Sec. 3. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
51.29 Subd. 4. Compliance orders. The commissioner may issue an order requiring an
51.30employer to comply with sections
51.32and 181.9325
51.33serve the order upon the employer or the employer's authorized representative in person or
51.34by certified mail at the employer's place of business. An employer who wishes to contest
52.1the order must file written notice of objection to the order with the commissioner within
52.215 calendar days after being served with the order. A contested case proceeding must then
52.3be held in accordance with sections
52.4served with the order, the employer fails to file a written notice of objection with the
52.5commissioner, the order becomes a final order of the commissioner.
52.6 Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read:
52.7 Subd. 5. Civil actions. (a) The commissioner may bring an action in the district
52.8court where an employer resides or where the commissioner maintains an office to enforce
52.9or require compliance with orders issued under subdivision 4.
52.10 (b) If the district court determines that a violation of section 181.932 or 181.9325
52.11occurred, the court may order any appropriate relief, including but not limited to
52.12reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory
52.13damages, and the expungement of any adverse records of a state employee or applicant
52.14for state employment who was the subject of the alleged acts of misconduct, and any
52.15appropriate relief as described in section 181.936.
52.16 Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
52.17 Subd. 8. Court actions; suits brought by private parties. An employee may bring
52.18a civil action seeking redress for a violation or violations of sections
52.19177.44 directly to district court. An employer who pays an employee less than the wages
52.20and overtime compensation to which the employee is entitled under sections
52.22overtime compensation, less any amount the employer is able to establish was actually
52.23paid to the employee and for an additional equal amount as liquidated damages. In
52.24addition, in an action under this subdivision the employee may seek damages and other
52.25appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
52.26between the employee and the employer to work for less than the applicable wage is not
52.27a defense to the action.
52.28 Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
52.29 Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
52.30be filed in the district court of the county wherein a violation or violations of sections
52.32or has a principal place of business, or any other court of competent jurisdiction. The
52.33action may be brought by one or more employees.
53.1 Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
53.2 Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8,
53.3the court shall order an employer who is found to have committed a violation or violations
53.4of sections
53.5disbursements, witness fees, and attorney fees.
53.6 Sec. 8. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision
53.7to read:
53.8 Subd. 11. Investigation of certain complaints. (a) The commissioner shall conduct
53.9an investigation of any matter that alleges a violation of sections 181.932 and 181.9325.
53.10The identity of the person providing the information that initiated the investigation shall
53.11be classified as private data, pursuant to section 13.02, subdivision 12, except that the
53.12identity may be disclosed to a law enforcement agency that is conducting a criminal
53.13investigation of the matter.
53.14 (b) For each investigation completed, if the commissioner determines that there is
53.15reasonable cause to believe that an employer has violated section 181.932 or 181.9325,
53.16the commissioner shall report the nature and details of the alleged violation to the head
53.17of the employing agency or the appropriate appointing authority. If appropriate, the
53.18commissioner shall report this information to the attorney general, the policy committees
53.19of the house of representatives and senate having jurisdiction over the subject involved,
53.20and to any other authority that the commissioner deems appropriate. In any case
53.21in which the commissioner submits a report of alleged violations to the head of the
53.22employing agency or appropriate appointing authority, that individual shall report to the
53.23commissioner with respect to any action taken by the individual regarding the activity, the
53.24first report being transmitted no later than 30 days after the date of the auditor's report,
53.25and monthly thereafter until final action has been taken.
53.26 (c) This subdivision shall not limit any authority conferred upon the attorney general
53.27or other department or agency of government to investigate and prosecute any matter.
53.28 (d) The commissioner shall have all the powers and authority described in this
53.29section to conduct investigations pursuant to this subdivision.
53.30 Sec. 9. [177.275] INVESTIGATION PROCEDURE.
53.31 (a) The commissioner shall initiate an investigation of a written complaint of
53.32reprisal or retaliation in public employment as prohibited by section 181.932 or 181.9325
53.33within ten working days of its submission. The commissioner shall complete findings
53.34of the investigation within 60 working days thereafter, and shall provide a copy of the
54.1findings to the complaining employee or applicant for employment and to the appropriate
54.2supervisor, manager, employee, or appointing authority. When the allegations contained
54.3in a complaint of reprisal or retaliation are the same as, or similar to, those contained in
54.4another appeal, the commissioner may consolidate the appeals into the most appropriate
54.5format. In these cases, the time limits described in this subdivision shall not apply.
54.6 (b) If the commissioner finds that the supervisor, manager, employee, or appointing
54.7power retaliated against the complainant for engaging in protected whistle-blower
54.8activities, the commissioner may issue a compliance order under section 177.27,
54.9subdivision 4.
54.10 (c) In order for the governor and the legislature to determine the need to continue
54.11or modify state personnel procedures as they relate to the investigations of reprisals or
54.12retaliation for the disclosure of information by public employees, the commissioner, by
54.13June 30 of each year, shall submit a report to the governor and the legislature regarding
54.14complaints filed, hearings held, and legal actions taken under this section.
54.15 Sec. 10. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
54.16 Subdivision 1. General authority. The commissioner may adopt rules, including
54.17definitions of terms, to carry out the purposes of sections
54.18prevent the circumvention or evasion of those sections, and to safeguard the minimum
54.19wage and overtime rates established by sections
54.20 Sec. 11. Minnesota Statutes 2006, section 177.30, is amended to read:
54.21177.30 KEEPING RECORDS; PENALTY.
54.22 Every employer subject to sections
54.23record of:
54.24 (1) the name, address, and occupation of each employee;
54.25 (2) the rate of pay, and the amount paid each pay period to each employee;
54.26 (3) the hours worked each day and each workweek by the employee;
54.27 (4) for each employer subject to sections 177.41 to 177.44, and while performing
54.28work on public works projects funded in whole or in part with state funds, the prevailing
54.29wage master job classification of each employee working on the project for each hour
54.30worked; and
54.31
54.32enforce sections
54.33premises where an employee works except each employer subject to sections 177.41 to
54.34177.44, and while performing work on public works projects funded in whole or in part
55.1with state funds, the records must be kept for three years after the contracting authority
55.2has made final payment on the public works project.
55.3 The commissioner may fine an employer up to $1,000 for each failure to maintain
55.4records as required by this section. This penalty is in addition to any penalties provided
55.5under section
55.6this subdivision, the appropriateness of such penalty to the size of the employer's business
55.7and the gravity of the violation shall be considered.
55.8 Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
55.9 Subd. 3. Contract requirements. The contract must specifically state the prevailing
55.10wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
55.11provide that the contracting authority may demand and the contractor or subcontractor
55.12shall furnish to the contracting authority, copies of any and all payrolls, and that the
55.13contracting authority may examine all records relating to wages paid laborers or mechanics
55.14on work to which sections 177.41 to 177.44 apply. The requirements of this subdivision
55.15are in addition to any other requirements or authority set forth in other laws or rules for
55.16work to which sections 177.41 to 177.44 apply.
55.17 Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
55.18 Subd. 4. Determination by commissioner; posting; petition for reconsideration.
55.19 The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
55.20trades and occupations required in any project must be ascertained before the state asks for
55.21bids. The commissioner of labor and industry shall investigate as necessary to ascertain
55.22the information.
55.23on a public project shall keep the information posted on the project in at least one
55.24conspicuous place for the information of the employees working on the project. A person
55.25aggrieved by a final determination of the commissioner may petition the commissioner for
55.26reconsideration of findings. A person aggrieved by a decision of the commissioner after
55.27reconsideration may, within 20 days after the decision, petition the commissioner for a
55.28public hearing in the manner of a contested case under sections
55.29 Sec. 14. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
55.30 Subd. 6. Examination of records; investigation by the department. The
55.31Department of Labor and Industry shall enforce this section. The department may
55.32demand, and the contractor and subcontractor shall furnish to the department, copies
55.33of any or all payrolls. The department may examine all records relating to wages paid
56.1laborers or mechanics on work to which sections
56.2shall employ at least three investigators to perform on-site project reviews, receive and
56.3investigate complaints of violations of this section, and conduct training and outreach to
56.4contractors and contracting authorities for public works projects financed in whole or
56.5in part with state funds.
56.6 Sec. 15. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
56.7to read:
56.8 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
56.9employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
56.10177.44, the commissioner shall issue a withholding order to the contracting authority
56.11ordering the contracting authority to withhold payment of sufficient sum to the prime
56.12or general contractor on the project to satisfy the back wages assessed or otherwise
56.13cure the violation, and the contracting authority must withhold the sum ordered until
56.14the compliance order has become a final order of the commissioner and has been fully
56.15paid or otherwise resolved by the employer.
56.16 During an investigation of a violation of sections 177.41 to 177.44 which the
56.17commissioner reasonably determines is likely to result in the finding of a violation of
56.18sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
56.19177.27, subdivision 4, the commissioner may notify the contracting authority of the
56.20determination and the amount expected to be assessed and the contracting authority shall
56.21give the commissioner 90 days' prior notice of the date the contracting authority intends to
56.22make final payment.
56.23 Sec. 16. [181.723] INDEPENDENT CONTRACTORS.
56.24 Subdivision 1. Scope. The definitions in this subdivision apply to this section.
56.25 (a) "Person" means any individual, limited liability corporation, corporation,
56.26partnership, incorporated or unincorporated association, sole proprietorship, joint stock
56.27company, or any other legal or commercial entity.
56.28 (b) "Department" means the Department of Labor and Industry.
56.29 (c) "Commissioner" means the commissioner of labor and industry or a duly
56.30designated representative of the commissioner who is either an employee of the
56.31Department of Labor and Industry or person working under contract with the Department
56.32of Labor and Industry.
56.33 (d) "Individual" means a human being.
56.34 (e) "Day" means calendar day unless otherwise provided.
57.1 (f) "Knowingly" means knew or could have known with the exercise of reasonable
57.2diligence.
57.3 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
57.4contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
57.5records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
57.6maintained in any form or manner.
57.7 Subd. 2. Limited application. This section only applies to individuals performing
57.8public or private sector commercial or residential building construction or improvement
57.9services.
57.10 Subd. 3. Employee-employer relationship. Except as provided in subdivision
57.114, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
57.12individual who performs services for a person that are in the course of the person's trade,
57.13business, profession, or occupation is an employee of that person and that person is an
57.14employer of the individual.
57.15 Subd. 4. Independent contractor. An individual is an independent contractor and
57.16not an employee of the person for whom the individual is performing services in the course
57.17of the person's trade, business, profession, or occupation only if (a) the individual holds
57.18a current independent contractor exemption certificate issued by the commissioner; and
57.19(b) the individual is performing services for the person under the independent contractor
57.20exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b)
57.21must be met in order to qualify as an independent contractor and not as an employee of
57.22the person for whom the individual is performing services in the course of the person's
57.23trade, business, profession, or occupation.
57.24 Subd. 5. Application. To obtain an independent contractor exemption certificate,
57.25the individual must submit, in the manner prescribed by the commissioner, a complete
57.26application and the certificate fee required under subdivision 14.
57.27 (a) A complete application must include all of the following information:
57.28 (1) the individual's full name;
57.29 (2) the individual's residence address and telephone number;
57.30 (3) the individual's business name, address, and telephone number;
57.31 (4) the services for which the individual is seeking an independent contractor
57.32exemption certificate;
57.33 (5) the individual's Social Security number;
57.34 (6) the individual's or the individual's business federal employer identification
57.35number, if a number has been issued to the individual or the individual's business;
58.1 (7) any information or documentation that the commissioner requires by rule that
58.2will assist the department in determining whether to grant or deny the individual's
58.3application; and
58.4 (8) The individual's sworn statement that the individual meets all of the following
58.5conditions:
58.6 (i) the individual maintains a separate business with the individual's own office,
58.7equipment, materials, and other facilities;
58.8 (ii) the individual holds or has applied for a federal employer identification number
58.9or has filed business or self-employment income tax returns with the federal Internal
58.10Revenue Service if the person has performed services in the previous year for which the
58.11individual is seeking the independent contractor exemption certificate;
58.12 (iii) the individual operates under contracts to perform specific services for specific
58.13amounts of money and under which the individual controls the means of performing the
58.14services;
58.15 (iv) the individual incurs the main expenses related to the service that the individual
58.16performs under contract;
58.17 (v) the individual is responsible for the satisfactory completion of services that the
58.18individual contracts to perform and is liable for a failure to complete the service;
58.19 (vi) the individual receives compensation for service performed under a contract on
58.20a commission or per-job or competitive bid basis and not on any other basis;
58.21 (vii) the individual may realize a profit or suffer a loss under contracts to perform
58.22service;
58.23 (viii) the individual has continuing or recurring business liabilities or obligations; and
58.24 (ix) the success or failure of the individual's business depends on the relationship of
58.25business receipts to expenditures.
58.26 (b) Within 30 days of receiving a complete application and the certificate fee, the
58.27commissioner must either grant or deny the application. The commissioner may deny
58.28an application for an independent contractor exemption certificate if the individual has
58.29not submitted a complete application and certificate fee or if the individual does not
58.30meet all of the conditions for holding the independent contractor exemption certificate.
58.31The commissioner may revoke an independent contractor exemption certificate if the
58.32commissioner determines that the individual no longer meets all of the conditions for
58.33holding the independent contractor exemption certificate, commits any of the actions
58.34set out in subdivision 7, or fails to cooperate with a department investigation into the
58.35continued validity of the individual's certificate. Once issued, an independent contractor
58.36exemption certificate remains in effect for two years unless:
59.1 (1) revoked by the commissioner; or
59.2 (2) canceled by the individual.
59.3 (c) If the department denies an individual's original or renewal application for
59.4an independent contractor exemption certificate or revokes an independent contractor
59.5exemption certificate, the commissioner shall issue to the individual an order denying or
59.6revoking the certificate. The commissioner may issue an administrative penalty order to
59.7an individual or person who commits any of the actions set out in subdivision 7.
59.8 (d) An individual or person to whom the commissioner issues an order under
59.9paragraph (c) shall have 30 days after service of the order to request a hearing. The request
59.10for hearing must be in writing and must be served on or faxed to the commissioner at the
59.11address or fax number specified in the order by the 30th day after service of the order.
59.12If the individual does not request a hearing or if the individual's request for a hearing is
59.13not served on or faxed to the commissioner by the 30th day after service of the order, the
59.14order shall become a final order of the commissioner and will not be subject to review
59.15by any court or agency. The date on which a request for hearing is served by mail shall
59.16be the postmark date on the envelope in which the request for hearing is mailed. If the
59.17individual serves or faxes a timely request for hearing, the hearing shall be a contested
59.18case hearing and shall be held in accordance with chapter 14.
59.19 Subd. 6. Qualifications for exemption certificate. An individual is performing
59.20services for a person under an independent contractor exemption certificate if:
59.21 (a) the individual is performing services listed on the individual's independent
59.22contractor exemption certificate;
59.23 (b) at the time the individual is performing services listed on the individual's
59.24independent contractor exemption certificate, the individual meets all of the following
59.25conditions:
59.26 (1) the individual maintains a separate business with the individual's own office,
59.27equipment, materials, and other facilities;
59.28 (2) the individual holds or has applied for a federal employer identification number
59.29or has filed business or self-employment income tax returns with the federal Internal
59.30Revenue Service if the individual performed services in the previous year for which the
59.31individual has the independent contractor exemption certificate;
59.32 (3) the individual is operating under contract to perform the specific services for
59.33the person for specific amounts of money and under which the individual controls the
59.34means of performing the services;
59.35 (4) the individual is incurring the main expenses related to the services that the
59.36individual is performing for the person under the contract;
60.1 (5) the individual is responsible for the satisfactory completion of the services
60.2that the individual has contracted to perform for the person and is liable for a failure
60.3to complete the services;
60.4 (6) the individual receives compensation from the person for the services performed
60.5under the contract on a commission or per-job or competitive bid basis and not on any
60.6other basis;
60.7 (7) the individual may realize a profit or suffers a loss under the contract to perform
60.8services for the person;
60.9 (8) the individual has continuing or recurring business liabilities or obligations; and
60.10 (9) the success or failure of the individual's business depends on the relationship of
60.11business receipts to expenditures.
60.12 Subd. 7. Prohibited activities. (a) An individual shall not:
60.13 (1) perform work as an independent contractor who meets the qualifications under
60.14subdivision 6, without first obtaining from the department an independent contractor
60.15exemption certificate;
60.16 (2) perform work as an independent contractor when the department has denied or
60.17revoked the individual's independent contractor exemption certificate;
60.18 (3) transfer to another individual or allow another individual to use the individual's
60.19independent contractor exemption certificate;
60.20 (4) alter or falsify an independent contractor exemption certificate;
60.21 (5) misrepresent the individual's status as an independent contractor; or
60.22 (6) make a false material statement, representation, or certification; omit material
60.23information; or alter, conceal, or fail to file a document required by this section or any rule
60.24promulgated by the commissioner under rulemaking authority set out in this section.
60.25 (b) A person shall not:
60.26 (1) require an individual through coercion, misrepresentation, or fraudulent means to
60.27adopt independent contractor status;
60.28 (2) knowingly misrepresent that an individual who has not been issued an
60.29independent contractor exemption certificate or is not performing services for the person
60.30under an independent contractor exemption certificate is an independent contractor; or
60.31 (3) make a false material statement, representation, or certification; omit material
60.32information; or alter, conceal, or fail to file a document required by this section or any rule
60.33promulgated by the commissioner under rulemaking authority set out in this section.
60.34 (c) A person for whom an individual is performing services must obtain a copy of the
60.35individual's independent contractor exemption certificate before services may commence.
61.1A copy of the independent contractor exemption certificate must be retained for five years
61.2from the date of receipt by the person for whom an individual is performing services.
61.3 Subd. 8. Remedies. An individual or person who violates any provision of
61.4subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
61.5each violation. The department shall deposit penalties in the assigned risk safety account.
61.6 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
61.7section, the commissioner may:
61.8 (1) administer oaths and affirmations, certify official acts, interview, question, take
61.9oral or written statements, and take depositions;
61.10 (2) request, examine, take possession of, photograph, record, and copy any
61.11documents, equipment, or materials;
61.12 (3) at a time and place indicated by the commissioner, request persons to appear
61.13before the commissioner to give testimony and produce documents, equipment, or
61.14materials;
61.15 (4) issue subpoenas to compel persons to appear before the commissioner to give
61.16testimony and produce documents, equipment, or materials; and
61.17 (5) with or without notice, enter without delay upon any property, public or private,
61.18for the purpose of taking any action authorized under this subdivision or the applicable
61.19law, including obtaining information or conducting inspections or investigations.
61.20 (b) Persons requested by the commissioner to give testimony or produce documents,
61.21equipment, or materials shall respond within the time and in the manner specified by the
61.22commissioner. If no time to respond is specified in the request, then a response shall be
61.23submitted within 30 days of the commissioner's service of the request.
61.24 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
61.25owner's representative, or lessee's representative to permit the commissioner's entry onto
61.26property as provided in paragraph (a), the commissioner may apply for an administrative
61.27inspection order in the Ramsey County District Court or, at the commissioner's discretion,
61.28in the district court in the county in which the property is located. The commissioner may
61.29anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
61.30property owner's representative, or lessee's representative has refused to permit entry on a
61.31prior occasion or has informed the commissioner that entry will be refused. Upon showing
61.32of administrative probable cause by the commissioner, the district court shall issue an
61.33administrative inspection order that compels the property owner or lessee to permit the
61.34commissioner to enter the property for the purposes specified in paragraph (a).
62.1 (d) Upon the application of the commissioner, a district court shall treat the failure of
62.2any person to obey a subpoena lawfully issued by the commissioner under this subdivision
62.3as a contempt of court.
62.4 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
62.5on a person under this section may be by mail, by personal service, or in accordance with
62.6any consent to service filed with the commissioner. Service by mail shall be accomplished
62.7in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
62.8shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
62.9subpart 3.
62.10 Subd. 11. Facsimile; timely service. When this section permits a request for
62.11hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
62.12pages in length. The request shall be considered timely served if the facsimile is received
62.13by the commissioner, at the facsimile number identified by the commissioner in the order,
62.14no later than 4:30 p.m. central time on the last day permitted for faxing the request.
62.15Where the quality or authenticity of the faxed request is at issue, the commissioner
62.16may require the original request to be filed. Where the commissioner has not identified
62.17quality or authenticity of the faxed request as an issue and the request has been faxed in
62.18accordance with this subdivision, the person faxing the request does not need to file the
62.19original request with the commissioner.
62.20 Subd. 12. Time period computation. In computing any period of time prescribed
62.21or allowed by this section, the day of the act, event, or default from which the designated
62.22period of time begins to run shall not be included. The last day of the period so computed
62.23shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
62.24period runs until the next day which is not a Saturday, Sunday, or legal holiday.
62.25 Subd. 13. Rulemaking. The commissioner may, in consultation with the
62.26commissioner of revenue and the commissioner of employment and economic
62.27development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
62.28of chapter 14 that relate to the commissioner's responsibilities under this section. This
62.29subdivision is effective the day following final enactment.
62.30 Subd. 14. Fee. The certificate fee for the original application and for the renewal
62.31of an independent contractor exemption certificate shall be $150. If an individual
62.32simultaneously submits an application for both an independent contractor exemption
62.33certificate under this section and a license under section 326.84, the application fee for
62.34the independent contractor exemption certificate shall be reduced to $100. Fees collected
62.35under this subdivision are deposited in the general fund.
63.1 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
63.2the commissioner has reason to believe that an individual who holds a certificate has failed
63.3to maintain all the conditions required by subdivision 3 or is not performing services for a
63.4person under the independent contractor exemption certificate, the commissioner must
63.5notify the commissioner of revenue and the commissioner of employment and economic
63.6development. Upon receipt of notification from the commissioner that an individual who
63.7holds a certificate has failed to maintain all the conditions required by subdivision 3
63.8or is not performing services for a person under the independent contractor exemption
63.9certificate, the commissioner of revenue must review the information returns required
63.10under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
63.11also review the submitted certification that is applicable to returns audited or investigated
63.12under section 289A.35.
63.13 Subd. 16. Data classified. Certifications issued by the commissioner are public
63.14data. Applications and required documentation submitted by an individual is private
63.15data on an individual. Upon request of the Department of Revenue or the Department
63.16of Employment and Economic Development, the commissioner may release to the
63.17Department of Revenue and the Department of Employment and Economic Development
63.18applications and required documentation submitted by individuals and investigative data
63.19that relates to the department's issuance or denial of applications and the department's
63.20revocations of certificates. Except as otherwise provided by this subdivision, the
63.21department's investigative data shall be classified as provided in chapter 13.
63.22EFFECTIVE DATE.This section is effective July 1, 2008.
63.23 Sec. 17. [181.724] PERFORMERS IN RECORDED MEDIA INDUSTRY.
63.24 Subdivision 1. Definitions. The definitions in this subdivision apply to section
63.25181.724.
63.26 (a) "Performer" means actor, announcer, singer, dancer, narrator, stunt-person, extra,
63.27or any other individual generically or customarily referred to as talent in the recorded
63.28media industry.
63.29 (b) "Recorded media industry" means radio or television commercial production,
63.30nonbroadcast audio or video production, sound recording, audio or video production for
63.31the internet, or any other recording technology.
63.32 (c) "Individual" means a human being.
63.33 (d) "Person" means any individual, limited liability corporation, corporation,
63.34partnership, incorporated or unincorporated association, sole proprietorship, joint stock
63.35company, or any other legal or commercial entity.
64.1 Subd. 2. Limited application. This section applies only to individuals who
64.2are performers in the recorded media industry. This section does not apply to live
64.3performances.
64.4 Subd. 3. Employee-employer relationship. For the purposes of chapters 176,
64.5177, 181A, 182, and 268, an individual who provides services as a performer in the
64.6recorded media industry for a person that are in the course of the person's trade, business,
64.7profession, or occupation is an employee of that person and that person is an employer of
64.8the individual.
64.9 Subd. 4. Civil remedy. An individual who has been injured by a violation of this
64.10section may bring a civil action for damages against the violator. If the individual is
64.11an employee of the violator of this section, the employee's representative, as defined in
64.12section 179.01, subdivision 5, may bring a civil action for damages against the violator on
64.13behalf of the employee. The court may award attorney fees, costs, and disbursement to an
64.14individual recovering under this section.
64.15 Subd. 5. Reporting of violations. Any court finding that a violation of this section
64.16has occurred shall transmit a copy of its findings of fact and conclusions of law to the
64.17commissioner of labor and industry. The commissioner of labor and industry shall report
64.18the finding to relevant state and federal agencies, including the commissioner of commerce,
64.19the commissioner of employment and economic development, the commissioner of
64.20revenue, the federal Internal Revenue Service, and the United States Department of Labor.
64.21EFFECTIVE DATE.This section is effective January 1, 2008.
64.22 Sec. 18. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
64.23 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
64.24threaten, otherwise discriminate against, or penalize an employee regarding the employee's
64.25compensation, terms, conditions, location, or privileges of employment because:
64.26 (a) the employee, or a person acting on behalf of an employee, in good faith, reports
64.27a violation or suspected violation of any federal or state law or rule adopted pursuant
64.28to law to an employer or to any governmental body or law enforcement official and
64.29the alleged violation involves a matter of public concern, including, but not limited to,
64.30violations that create a specific danger to the public health, safety, or environment;
64.31 (b) the employee is requested by a public body or office to participate in an
64.32investigation, hearing, inquiry;
64.33 (c) the employee refuses an employer's order to perform an action that the employee
64.34has an objective basis in fact to believe violates any state or federal law or rule or
64.35regulation adopted pursuant to law which violation the employee reasonably believes
65.1is a matter of public concern, including, but not limited to, violations that create a
65.2specific danger to the public health, safety, or environment, and the employee informs the
65.3employer that the order is being refused for that reason;
65.4 (d) the employee, in good faith, reports a situation in which the quality of health care
65.5services provided by a health care facility, organization, or health care provider violates a
65.6standard established by federal or state law or a professionally recognized national clinical
65.7or ethical standard and potentially places the public at risk of harm
65.8 (e) a public employee refuses to alter, dilute, or suppress the objective representation
65.9or communication of scientific or technical data or findings, including but not limited to,
65.10findings of economic or environmental impact, or findings indicating consequences for
65.11the public's health or safety; or
65.12 (f) a public employee communicates the findings of a scientific or technical study
65.13that the employee, in good faith, believes to be truthful and accurate, including reports to a
65.14governmental body or law enforcement official.
65.15The disclosures protected pursuant to this section do not authorize the disclosure of trade
65.16secret information otherwise protected by law.
65.17 Sec. 19. [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE
65.18WITH DISCLOSURE OF INFORMATION.
65.19 (a) A public employer may not directly or indirectly use or attempt to use the
65.20employer's official authority or influence for the purpose of intimidating, threatening,
65.21coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of
65.22interfering with the rights described in section 181.932, or for the purpose of persuading
65.23the person to waive or disclaim any other legal rights related to the person's employment.
65.24 (b) For purposes of this section, "use of official authority or influence" includes:
65.25promising to confer, or conferring, any benefit; effecting, or threatening to effect, any
65.26reprisal; or taking, or directing others to take, or recommending, processing, or approving,
65.27any personnel action, including but not limited to appointment, promotion, transfer,
65.28assignment, performance evaluation, suspension, or other disciplinary action.
65.29 Sec. 20. Minnesota Statutes 2006, section 181.935, is amended to read:
65.30181.935 INDIVIDUAL REMEDIES; PENALTY.
65.31 (a) In addition to any remedies otherwise provided by law, an employee injured
65.32by a violation of section
65.33and all damages recoverable at law, together with costs and disbursements, including
66.1reasonable attorney's fees, and may receive such injunctive and other equitable relief as
66.2determined by the court.
66.3 (b) An employer who failed to notify, as required under section
66.4an employee injured by a violation of section
66.5per day per injured employee not to exceed $750 per injured employee.
66.6 Sec. 21. [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER
66.7GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES.
66.8 (a) A public employee or applicant for public employment who files a written
66.9complaint with the employee's or applicant's supervisor, manager, or the appointing
66.10power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or
66.11similar improper acts prohibited by section 181.9325, may also file a copy of the written
66.12complaint with the commissioner of labor and industry, together with a sworn statement
66.13that the contents of the written complaint are true, or are believed by the affiant to be true,
66.14under penalty of perjury. The complaint filed with the commissioner shall be filed within
66.1512 months of the most recent act of reprisal complained about.
66.16 (b) Any person who intentionally engages in acts of reprisal, retaliation, threats,
66.17coercion, or similar acts against a public employee or applicant for public employment
66.18for having made a protected disclosure under section 181.932, is subject to a fine not to
66.19exceed $10,000 and imprisonment in the county jail for a period not to exceed one year.
66.20 (c) In addition to all other penalties provided by law, any person who intentionally
66.21engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public
66.22employee or applicant for public employment for having made a protected disclosure shall
66.23be liable in an action for damages brought against the person by the injured party. Punitive
66.24damages may be awarded by the court where the acts of the offending party are proven to
66.25be malicious. Where liability has been established, the injured party shall also be entitled
66.26to reasonable attorney fees as provided by law. However, any action for damages shall not
66.27be available to the injured party unless the injured party has first filed a complaint with the
66.28commissioner of labor and industry under paragraph (a), and the department has issued, or
66.29failed to issue, findings under section 177.275.
66.30 (d) This section is not intended to prevent an appointing power, manager, or
66.31supervisor from taking, directing others to take, recommending, or approving any
66.32personnel action or from taking or failing to take a personnel action with respect to any
66.33public employee or applicant for public employment if the appointing power, manager, or
66.34supervisor reasonably believes any action or inaction is justified on the basis of evidence
67.1separate and apart from the fact that the person has made a protected disclosure under
67.2section 181.932.
67.3 (e) In any civil action or administrative proceeding, once it has been demonstrated
67.4by a preponderance of evidence that an activity protected by sections 177.27, 177.275,
67.5181.932, and 181.9325 was a contributing factor in the alleged retaliation against a former,
67.6current, or prospective employee, the burden of proof shall be on the supervisor, manager,
67.7or appointing power to demonstrate by clear and convincing evidence that the alleged
67.8action would have occurred for legitimate, independent reasons even if the employee had
67.9not engaged in protected disclosures or refused an illegal order. If the supervisor, manager,
67.10or appointing power fails to meet this burden of proof in an adverse action against the
67.11employee in any administrative review, challenge, or adjudication in which retaliation
67.12has been demonstrated to be a contributing factor, the employee shall have a complete
67.13affirmative defense in the adverse action.
67.14 (f) Nothing in sections 177.27, 177.275, 181.932, and 181.9325 shall be deemed to
67.15diminish the rights, privileges, or remedies of any employee under any other federal or
67.16state law or under any employment contract or collective bargaining agreement.
67.17 Sec. 22. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
67.18 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
67.19during some part of the period of the sales representative agreement:
67.20 (1) is a resident of Minnesota or maintains that person's principal place of business
67.21in Minnesota; or
67.22 (2) whose geographical territory specified in the sales representative agreement
67.23includes part or all of Minnesota.
67.24 (b) To be effective, any demand for arbitration under subdivision 5 must be made
67.25in writing and delivered to the principal on or before one year after the effective date of
67.26the termination of the agreement.
67.27 (c) A provision in any contract between a sales representative dealing in plumbing
67.28equipment or supplies and a principal purporting to waive any provision of this act,
67.29whether by express waiver or by a provision stipulating that the contract is subject to the
67.30laws of another state, shall be void.
67.31 Sec. 23. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
67.32 Subdivision 1. Rules. The state
67.33rule, prescribe minimum standards which shall be uniform, and which standards shall
67.34thereafter be effective for all new plumbing installations, including additions, extensions,
68.1alterations, and replacements connected with any water or sewage disposal system owned
68.2or operated by or for any municipality, institution, factory, office building, hotel, apartment
68.3building, or any other place of business regardless of location or the population of the
68.4city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
68.54715.3130, as they apply to review of plans and specifications, the commissioner may
68.6allow plumbing construction, alteration, or extension to proceed without approval of the
68.7plans or specifications by the commissioner.
68.8 Except for powers granted to the Plumbing Board, the commissioner of labor and
68.9industry shall administer the provisions of sections
68.10may employ plumbing inspectors and other assistants.
68.11 Sec. 24. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
68.12to read:
68.13 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
68.14Mechanical devices and fittings with internal moving parts are prohibited from installation
68.15in plumbing venting systems.
68.16 (b) All urinals covered under the jurisdiction of the state plumbing code must have a
68.17water flush device with a volume of not more than one gallon per use.
68.18 Sec. 25. [326.372] PLUMBING BOARD.
68.19 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 12 voting
68.20members who must be residents of the state, appointed by the governor, and confirmed
68.21by the senate. The commissioner of labor and industry or the commissioner's designee
68.22shall be a voting member. The first appointed board members shall serve an initial term
68.23of four years, except where designated otherwise. The governor shall then reappoint the
68.24current members or appoint replacement members, all or in part, to subsequent three-year
68.25terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
68.26occurring with less than six months time remaining in the term shall be filled for the
68.27existing term and the following three-year term. Of the 11 appointed members, the
68.28composition shall be as follows:
68.29 (1) two members shall be municipal plumbing inspectors, one from the seven-county
68.30metro area and one from greater Minnesota;
68.31 (2) one member shall be a licensed mechanical engineer;
68.32 (3) two members serving an initial term of three years shall be plumbing contractors
68.33or the representative of the contractor, engaged in a commercial scope of plumbing
68.34contracting, one from the metropolitan area and one from greater Minnesota;
69.1 (4) two members serving an initial term of three years shall be plumbing contractors
69.2or their representatives, engaged in the residential scope of plumbing contracting, one
69.3from the metro area and one from greater Minnesota;
69.4 (5) two members serving an initial term of two years shall be plumbing
69.5journeypersons engaged in a commercial scope of plumbing systems installation, one
69.6from the metro area and one from greater Minnesota; and
69.7 (6) two members serving an initial term of two years shall be plumbing
69.8journeypersons engaged in a residential scope of plumbing systems installation, one from
69.9the metro area and one from greater Minnesota.
69.10 (b) Except for the licensed mechanical engineer, all persons appointed to the
69.11council must possess a current Minnesota plumbing license and maintain the license for
69.12the duration of their term.
69.13 Subd. 2. Powers. (a) The board shall have the power to:
69.14 (1) elect its chair;
69.15 (2) specify the plumbing code that must be followed in this state;
69.16 (3) maintain a review process to make determinations regarding any complaints,
69.17code amendments, code compliance, and code clarifications filed with the board;
69.18 (4) adopt rules necessary for the regulation and licensing of contractors,
69.19journeypersons, apprentices, and other persons engaged in the design, installation, and
69.20alteration of plumbing systems that would include the issuing, renewing, revoking,
69.21refusing to renew, and suspending a plumbing license, except for persons licensed under
69.22sections 326.02 to 326.15;
69.23 (5) adopt rules necessary for continuing education for individuals regulated and
69.24licensed under this section;
69.25 (6) make recommendations to the commissioner regarding educational requirements
69.26for plumbing inspectors; and
69.27 (7) pay expenses deemed necessary in the performance of board duties, including:
69.28 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
69.29subdivision 2; and
69.30 (ii) per diem and expenses for its members as provided in section 15.0575,
69.31subdivision 3.
69.32 (b) Requests under the review process in paragraph (a), clause (3), may originate
69.33with the municipal inspectors, the plumbing contractors or their employees, and other
69.34persons engaged in the design, installation, and alteration of plumbing systems. The board
69.35shall make its findings known to all parties and the commissioner of labor and industry
69.36within the time period specified by the board.
70.1 Subd. 3. Fees and finances. The board shall submit an annual budget to the
70.2commissioner of labor and industry. The commissioner shall collect fees under section
70.3326.42 necessary for the operation and continuance of the board. The commissioner is
70.4responsible for the enforcement of the codes and licensing requirements determined by
70.5the board. The board shall recommend the fees for licenses and certification under this
70.6section. The commissioner of finance shall make a quarterly certification of the amount
70.7necessary to pay expenses required for operation of the board under subdivision 2,
70.8paragraph (a), clause (6). The certified amount is appropriated in fiscal years 2008 and
70.92009 to the board for those purposes from the fees collected under section 326.42.
70.10 Subd. 4. Transfer of authority; Plumbing Board. The authority of the
70.11commissioners of health and labor and industry to adopt rules relating to plumbers is
70.12transferred to the Plumbing Board. Licenses and permits currently in effect remain in
70.13effect according to their terms unless affected by board action. Rules adopted by the
70.14commissioner of health or labor and industry remain in effect until amended or repealed
70.15by the board. The commissioner of administration may not use the authority under section
70.1616B.37 to modify the transfers of authority in this act.
70.17 Subd. 5. First meeting; appointments for Plumbing Board. The governor must
70.18complete the appointments required by section 326.372 no later than July 1, 2007. The
70.19commissioner of labor and industry shall convene the first meeting of the Plumbing Board
70.20no later than September 1, 2007.
70.21 Sec. 26. Minnesota Statutes 2006, section 326.38, is amended to read:
70.22326.38 LOCAL REGULATIONS.
70.23 Any city having a system of waterworks or sewerage, or any town in which reside
70.24over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
70.25airports commission, may, by ordinance, adopt local regulations providing for plumbing
70.26permits, bonds, approval of plans, and inspections of plumbing, which regulations are
70.27not in conflict with the plumbing standards on the same subject prescribed by the state
70.28
70.29licensed by the state commissioner of
70.30working at the business, except cities and statutory cities which, prior to April 21, 1933,
70.31by ordinance required the licensing of plumbers. No city or town may require a license
70.32for persons performing building sewer or water service installation who have completed
70.33pipe laying training as prescribed by the commissioner of labor and industry. Any city
70.34by ordinance may prescribe regulations, reasonable standards, and inspections and grant
70.35permits to any person, firm, or corporation engaged in the business of installing water
71.1softeners, who is not licensed as a master plumber or journeyman plumber by the state
71.2commissioner of
71.3equipment to private residence water distribution systems, where provision has been
71.4previously made therefor and openings left for that purpose or by use of cold water
71.5connections to a domestic water heater; where it is not necessary to rearrange, make any
71.6extension or alteration of, or addition to any pipe, fixture or plumbing connected with
71.7the water system except to connect the water softener, and provided the connections so
71.8made comply with minimum standards prescribed by the state
71.9Plumbing Board.
71.10 Sec. 27. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
71.11 Subdivision 1. License required
71.12
71.13
71.14engage in or work at the business of a master plumber
71.15journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
71.16state commissioner of
71.17performing building sewer or water service installation who have completed pipe laying
71.18training as prescribed by the commissioner of labor and industry. A master plumber may
71.19also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
71.20master plumber. A journeyman plumber may also work as a restricted journeyman
71.21plumber. Anyone not so licensed may do plumbing work which complies with the
71.22provisions of the minimum standard prescribed by the state
71.23Plumbing Board on premises or that part of premises owned and actually occupied by the
71.24worker as a residence, unless otherwise forbidden to do so by a local ordinance.
71.25
71.26installing plumbing nor install plumbing in connection with the dealing in and selling
71.27of plumbing material and supplies unless at all times a licensed master plumber, or in
71.28cities and towns with a population of fewer than 5,000 according to the federal census a
71.29restricted master plumber, who shall be responsible for proper installation, is in charge
71.30of the plumbing work of the person, firm, or corporation.
71.31 The
71.32herewith, for the examination and licensing of plumbers.
71.33 Sec. 28. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
72.1 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
72.2of practical plumbing experience is eligible to take the journeyman plumbing examination.
72.3Up to 24 months of practical plumbing experience prior to registration as an apprentice
72.4may be applied to the four-year experience requirement. However, none of this practical
72.5plumbing experience may be applied if the person did not have any practical plumbing
72.6experience in the 12-month period immediately prior to registration. The
72.7Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
72.8experience is applicable in preparing for the journeyman's examination. If two years
72.9after completing the training the person has not taken the examination, the four years
72.10of experience shall be forfeited.
72.11 The commissioner may allow an extension of the two-year period for taking the
72.12exam for cases of hardship or other appropriate circumstances.
72.13 Sec. 29. [326.402] RESTRICTED PLUMBER LICENSE.
72.14 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
72.15restricted journeyman or master plumber license to an individual if:
72.16 (1) the individual completes an application with information required by the
72.17commissioner of labor and industry;
72.18 (2) the completed application is accompanied by a fee of $90;
72.19 (3) the commissioner of labor and industry receives the completed application and
72.20fee before January 1, 2008;
72.21 (4) the completed application demonstrates that the applicant has had at least two
72.22years for a restricted journeyman plumber license or four years for a restricted master
72.23plumber license of practical plumbing experience in the plumbing trade prior to the
72.24application; and
72.25 (5) during the entire time for which the applicant is claiming experience in
72.26contracting for plumbing work under clause (4), the applicant was in compliance with all
72.27applicable requirements of section 326.40.
72.28 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
72.29plumber may engage in the plumbing trade in all areas of the state except in cities and
72.30towns with a population of more than 5,000 according to the federal census.
72.31 Subd. 3. Application period. Applications for restricted master plumber and
72.32restricted journeyman plumber licenses must be submitted to the commissioner prior
72.33to January 1, 2008.
72.34 Subd. 4. Renewal; use period for license. A restricted master plumber and
72.35restricted journeyman plumber license must be renewed annually for as long as that
73.1licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
73.2restricted journeyman plumber license within 12 months after the expiration date will
73.3result in permanent forfeiture of the restricted master plumber and restricted journeyman
73.4plumber license.
73.5 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
73.6journeyman plumber license may not be transferred or sold to any other person.
73.7 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
73.8bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
73.9provided by section 326.40, subdivision 3, applies.
73.10 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
73.11journeyman plumber licenses is the same fee as for a master or journeyman plumber
73.12license, respectively.
73.13 Sec. 30. Minnesota Statutes 2006, section 326.405, is amended to read:
73.14326.405 RECIPROCITY WITH OTHER STATES.
73.15
73.16
73.17
73.18
73.19
73.20license without examination, upon payment of the required fee, nonresident applicants
73.21who are licensed under the laws of a state having standards for licensing which the
73.22commissioner determines are substantially equivalent to the standards of this state if
73.23the other state grants similar privileges to Minnesota residents duly licensed in this
73.24state. Applicants who receive a temporary license under this section may acquire an
73.25aggregate of 24 months of experience before they have to apply and pass the licensing
73.26examination. Applicants must register with the commissioner of labor and industry and
73.27the commissioner shall set a fee for a temporary license. Applicants have five years in
73.28which to comply with this section.
73.29 Sec. 31. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
73.30 Subdivision 1. Application. Applications for plumber's license shall be made to the
73.31state commissioner of
73.32to a renewal, the applicant shall be licensed by the state commissioner of
73.33industry only after passing a satisfactory examination administered by the
73.34commissioner of labor and industry, based upon rules adopted by the Plumbing Board
74.1showing fitness. Examination fees for both journeyman and master plumbers shall be in
74.2an amount prescribed by the state commissioner of
74.3section
74.4for original license the applicant shall submit an application, with the license fee herein
74.5provided. License fees shall be in an amount prescribed by the state commissioner of
74.6
74.7renewed as prescribed by the commissioner pursuant to section
74.8 Sec. 32. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
74.9 Subd. 2. Regulatory authority; tough person contests. All tough person contests,
74.10including amateur tough person contests, are subject to this chapter. All tough person
74.11contests are subject to American Boxing Commission (ABC) rules. Every contestant
74.12in a tough person contest shall have a physical examination prior to their bouts. Every
74.13contestant in a tough person contest shall wear padded gloves that weigh at least 12
74.14ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
74.15total rounds. Officials at tough person bouts shall be licensed under this chapter.
74.16 Sec. 33. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
74.17to read:
74.18 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
74.19ultimate fight contests, and similar sporting events are subject to this chapter.
74.20 Sec. 34. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
74.21 Subd. 2. Expiration and renewal. A license
74.22
74.23the date it is issued and may be renewed by filing an application for renewal with the
74.24commission and payment of the license fee. An application for a license and renewal of a
74.25license must be on a form provided by the commission. There is a 30-day grace period
74.26during which a license may be renewed if a late filing penalty fee equal to the license fee
74.27is submitted with the regular license fee. A licensee that files late shall not conduct any
74.28activity regulated by this chapter until the commission has renewed the license. If the
74.29licensee fails to apply to the commission within the 30-day grace period, the licensee must
74.30apply for a new license under subdivision 1.
74.31 Sec. 35. Minnesota Statutes 2006, section 341.321, is amended to read:
74.32341.321 FEE SCHEDULE.
75.1 (a) The fee schedule for licenses issued by the Minnesota Boxing Commission
75.2is as follows:
75.3 (1) referees,
75.4 (2) promoters, $400 for each initial license and each renewal;
75.5 (3) judges and knockdown judges,
75.6 (4) trainers,
75.7 (5) ring announcers,
75.8 (6) boxers' seconds,
75.9 (7) timekeepers,
75.10 (8) boxers,
75.11 (9) managers, $45 for each initial license and each renewal; and
75.12 (10) ringside physicians, $45 for each initial license and each renewal.
75.13 (b) The commission shall establish and assess an event fee for each sporting event.
75.14The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
75.15determined by the commission when the sporting event is scheduled.
75.16 (c) All fees collected by the Minnesota Boxing Commission must be deposited in
75.17the Boxing Commission account in the special revenue fund.
75.18 Sec. 36. REPEALER.
75.19Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
75.20repealed.
75.21EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
75.22effective January 1, 2009.
75.25 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
75.26326.46 SUPERVISION OF HIGH PRESSURE PIPING.
75.27 The Department of Labor and Industry shall supervise all high pressure piping
75.28used on all projects in this state
75.29
75.30 The department shall employ inspectors and other assistants to carry out the
75.31provisions of sections
76.1 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
76.2to read:
76.3 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
76.4 Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
76.5 Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
76.6provide for the inspection of high pressure piping system materials and construction, and
76.7provide that it shall not be constructed or installed except in accordance with minimum
76.8state standards. The authority designated by the ordinance for issuing high pressure piping
76.9permits and assuring compliance with state standards must report to the Department of
76.10Labor and Industry all violations of state high pressure piping standards.
76.11 A municipality may not adopt an ordinance with high pressure piping standards that
76.12does not conform to the uniform standards prescribed by the
76.13
76.14minimum qualifications for municipal inspectors.
76.15 Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
76.16 Subd. 6. Filing and inspection fees. The Department of Labor and Industry
76.17must charge a filing fee set by the
76.18applications for permits to construct or install high pressure piping systems. The fee for
76.19inspection of high pressure piping system construction or installation shall be set by the
76.20commissioner in consultation with the board under section
76.21does not apply where a permit is issued by a municipality complying with subdivision 2.
76.22 Sec. 5. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
76.23 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
76.24consist of 12 members who must be residents of the state, appointed by the governor, and
76.25confirmed by the senate. The commissioner of the Department of Labor and Industry or
76.26the commissioner's designee shall be a voting member. The first appointed board members
76.27shall serve an initial term of four years, except where designated otherwise. The governor
76.28shall then reappoint the current members or appoint replacement members, all or in part, to
76.29subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
76.30of the term. Vacancies occurring with less than six months time remaining in the term
76.31shall be filled for the existing term and the following three-year term. Of the 11 appointed
76.32members, the composition shall be as follows:
76.33 (1) one member shall be a high pressure piping inspector;
77.1 (2) one member shall be a licensed mechanical engineer;
77.2 (3) one member shall be a representative of the piping industry;
77.3 (4) four members shall be high pressure piping contractors or their representatives,
77.4engaged in the scope of high pressure piping, two from the metro area and two from
77.5greater Minnesota;
77.6 (5) two members shall be high pressure piping journeypersons engaged in the scope
77.7of high pressure piping systems installation, one from the metro area and one from greater
77.8Minnesota; and
77.9 (6) two members shall be representatives from utility companies in Minnesota
77.10who shall serve an initial term of two years.
77.11 (b) Except for the licensed mechanical engineer and the members from utilities
77.12companies, all persons appointed to the board must possess a current license or
77.13competency credential required for contractors and persons engaged in the design,
77.14installation, alteration, and inspection of high pressure piping systems.
77.15 Subd. 2. Powers. (a) The board shall have the power to:
77.16 (1) elect its chair;
77.17 (2) specify the high pressure piping code that must be followed in Minnesota;
77.18 (3) maintain an appeals committee to make determinations regarding any complaints,
77.19code amendments, code compliance, and code clarifications filed with the board;
77.20 (4) adopt rules necessary for the regulation and licensing of contractors,
77.21journeypersons, trainees, and persons engaged in the design, installation, alteration, and
77.22inspection of high pressure piping systems, except for persons licensed under sections
77.23326.02 to 326.15;
77.24 (5) adopt rules necessary for continuing education for individuals regulated and
77.25licensed under this section; and
77.26 (6) pay expenses deemed necessary in the performance of board duties, including:
77.27 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
77.28subdivision 2; and
77.29 (ii) per diem and expenses for its members as provided in section 15.0575,
77.30subdivision 3.
77.31 (b) Complaints filed under this section may originate with high pressure piping
77.32inspectors, contractors, or their employees, or other persons engaged in the design,
77.33installation, and alteration of a high pressure piping system. The board shall make their
77.34findings known to all parties and the commissioner of the Department of Labor and
77.35Industry within the time period specified by the board.
78.1 Subd. 3. Fee and finances. The board shall submit an annual budget to the
78.2commissioner of the Department of Labor and Industry. The commissioner shall collect
78.3fees under section 326.47, subdivision 6, necessary for the operation and continuance of
78.4the board. The commissioner is responsible for the enforcement of the codes and licensing
78.5requirements determined by the board. The board shall recommend the fees for licenses
78.6and certification under this section and for all high pressure piping system permits and
78.7submit the fee structure to the commissioner of labor and industry. The commissioner
78.8of finance shall make a quarterly certification of the amount necessary to pay expenses
78.9required for operation of the board under subdivision 2, paragraph (a), clause (6). The
78.10certified amount is appropriated in fiscal years 2008 and 2009 to the board for those
78.11purposes from the fees collected under section 326.50.
78.12 Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
78.13 Subdivision 1. License required; rules; time credit. No person shall engage in
78.14or work at the business of a contracting pipefitter unless issued an individual contracting
78.15pipefitter license to do so by the Department of Labor and Industry under rules prescribed
78.16by the board. No license shall be required for repairs on existing installations. No
78.17person shall engage in or work at the business of journeyman pipefitter unless issued an
78.18individual journeyman pipefitter competency license to do so by the Department of Labor
78.19and Industry under rules prescribed by the board. A person possessing an individual
78.20contracting pipefitter competency license may also work as a journeyman pipefitter.
78.21 No person, partnership, firm, or corporation shall install high pressure piping, nor
78.22install high pressure piping in connection with the dealing in and selling of high pressure
78.23pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
78.24individual competency license or a journeyman pipefitter individual competency license is
78.25responsible for the high pressure pipefitting work conducted by the person, partnership,
78.26firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
78.27 The
78.28herewith, for the examination and individual competency licensing of contracting
78.29pipefitters and journeyman pipefitters and for issuance of permits by the department and
78.30municipalities for the installation of high pressure piping.
78.31 An employee performing the duties of inspector for the Department of Labor and
78.32Industry in regulating pipefitting shall not receive time credit for the inspection duties
78.33when making an application for a license required by this section.
78.34 Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
79.1 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
79.2for high pressure piping work, a person, partnership, firm, or corporation must obtain or
79.3utilize a business with a high pressure piping business license.
79.4 A person, partnership, firm, or corporation must have at all times as a full-time
79.5employee at least one individual holding an individual contracting pipefitter competency
79.6license. Only full-time employees who hold individual contracting pipefitter licenses
79.7are authorized to obtain high pressure piping permits in the name of the business. The
79.8individual contracting pipefitter competency license holder can be the employee of only
79.9one high pressure piping business at a time.
79.10 To retain its business license without reapplication, a person, partnership, firm, or
79.11corporation holding a high pressure piping business license that ceases to employ a person
79.12holding an individual contracting pipefitter competency license shall have 60 days from
79.13the last day of employment of its previous individual contracting pipefitter competency
79.14license holder to employ another license holder. The Department of Labor and Industry
79.15must be notified no later than five days after the last day of employment of the previous
79.16license holder.
79.17 No high pressure pipefitting work may be performed during any period when the
79.18high pressure pipefitting business does not have an individual contracting pipefitter
79.19competency license holder on staff. If a license holder is not employed within 60 days,
79.20the pipefitting business license shall lapse.
79.21 The
79.22application for and issuance of business licenses and fees.
79.23 Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
79.24to read:
79.25 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
79.26license without examination, upon payment of the required fee, nonresident applicants
79.27who are licensed under the laws of a state having standards for licensing which the
79.28commissioner determines are substantially equivalent to the standards of this state if
79.29the other state grants similar privileges to Minnesota residents duly licensed in this
79.30state. Applicants who receive a temporary license under this section may acquire an
79.31aggregate of 24 months of experience before they have to apply and pass the licensing
79.32examination. Applicants must register with the commissioner of labor and industry and
79.33the commissioner shall set a fee for a temporary license. Applicants have five years in
79.34which to comply with this section.
80.1 Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
80.2326.50 APPLICATION; FEES.
80.3 Application for an individual contracting pipefitter competency or an individual
80.4journeyman pipefitter competency license shall be made to the Department of Labor and
80.5Industry, with fees. The applicant shall be licensed only after passing an examination
80.6administered by the Department of Labor and Industry in accordance with rules adopted
80.7by the board.
80.8 Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read:
80.9326.51 DEPARTMENT MAY REVOKE LICENSES.
80.10 The
80.11through error or fraud, or if the licensee is shown to be incompetent, or for a violation
80.12of any of its rules and regulations applicable to high pressure pipefitting work. The
80.13licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
80.14on at least ten days' notice, with the right to produce testimony. The hearing shall be
80.15held pursuant to chapter 14. The
80.16testimony and the record at hearing. One year from the date of revocation application
80.17may be made for a new license.
80.18 Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read:
80.19326.52 DEPOSIT OF FEES.
80.20 All fees received under sections
80.21Department of Labor and Industry to the credit of the general fund in the state treasury.
80.22The salaries and per diem of the inspectors and examiners hereinbefore provided, their
80.23expenses, and all incidental expenses of the department and board in carrying out the
80.24provisions of sections
80.25Department of Labor and Industry. The commissioner in consultation with the board by
80.26rule shall set the amount of the fees at a level that approximates, to the greatest extent
80.27possible, the salaries, per diem, and incidental expenses of the department.
80.28 Sec. 12. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
80.29SYSTEMS.
80.30 The authority of the commissioner of labor and industry to adopt rules relating to
80.31high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
80.32Licenses and permits currently in effect remain in effect according to their terms unless
81.1affected by board action. Rules adopted by the commissioner of labor and industry remain
81.2in effect until amended or repealed by the board. The commissioner of administration
81.3may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of
81.4authority in this act.
81.5 Sec. 13. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
81.6PRESSURE PIPING SYSTEMS.
81.7 The governor must complete the appointments required by Minnesota Statutes,
81.8section 326.471, no later than July 1, 2007. The commissioner of labor and industry
81.9shall convene the first meeting of the Board of High Pressure Piping Systems no later
81.10than September 1, 2007.
81.13 Section 1. [135A.135] HOCKEY HERITAGE SURCHARGE.
81.14 Subdivision 1. Imposition. A surcharge of 25 cents is imposed on each ticket or
81.15admission to an NCAA Division I Mens hockey event sponsored or held by or at a public
81.16postsecondary institution in the state.
81.17 Subd. 2. Collection, remittance. The surcharge imposed under this subdivision
81.18shall be collected by the public postsecondary institution sponsoring or holding the hockey
81.19event. The institution shall report the surcharge on a form prescribed by the commissioner
81.20of revenue and remit the surcharge with the return to the commissioner of revenue.
81.21 Subd. 3. Administration. The commissioner of revenue shall have authority to
81.22administer, collect, enforce, refund, and audit the surcharge under this section. Interest
81.23on late payments or refunds of the surcharge shall be at the rates specified under section
81.24289A.55, and penalties for failure to file, pay, or underpay the surcharge shall be at the
81.25rates provided under section 289A.60, subdivision 1, paragraph (e), and subdivision 2.
81.26 Subd. 4. Deposit of revenues. The commissioner of revenue shall deposit all
81.27revenues, including penalty and interest, derived from the surcharge imposed in this
81.28section in the hockey surcharge account in the special revenue fund. The amount deposited
81.29under this section is appropriated to the Iron Range Resources and Rehabilitation Board
81.30for payment to the city of Eveleth to be used for the support of the Hockey Hall of Fame
81.31Museum provided that it continues to operate in the city. Payments under this section for
81.32the Hockey Hall of Fame Museum are in addition to and must not be used to supplant
81.33funding under section 298.28, subdivision 9c.
82.1EFFECTIVE DATE.This section is effective for hockey events held after July
82.21, 2007.
82.3 Sec. 2. Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read:
82.4 Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby
82.5created the Iron Range Resources and Rehabilitation Board, consisting of
82.6five of whom are state senators appointed by the Subcommittee on Committees of the
82.7Rules Committee of the senate, and five of whom are representatives, appointed by the
82.8speaker of the house of representatives.
82.9
82.10
82.11
82.12year
82.13shall serve until January of the next odd-numbered year. Vacancies on the board shall be
82.14filled in the same manner as the original members were chosen. At least a majority of
82.15the legislative members of the board shall be elected from state senatorial or legislative
82.16districts in which over 50 percent of the residents reside within a taconite assistance area
82.17as defined in section
82.18of Iron Range resources and rehabilitation shall be consistent with the priorities
82.19established in subdivision 8 and shall first be submitted to the Iron Range Resources and
82.20Rehabilitation Board for approval by a majority of the board of expenditures and projects
82.21for rehabilitation purposes as provided by this section, and the method, manner, and time
82.22of payment of all funds proposed to be disbursed shall be first approved or disapproved by
82.23the board. The board shall biennially make its report to the governor and the legislature on
82.24or before November 15 of each even-numbered year. The expenses of the board shall be
82.25paid by the state from the funds raised pursuant to this section.
82.26 Sec. 3. Minnesota Statutes 2006, section 298.227, is amended to read:
82.27298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
82.28 An amount equal to that distributed pursuant to each taconite producer's taxable
82.29production and qualifying sales under section
82.30the Iron Range Resources and Rehabilitation Board in a separate taconite economic
82.31development fund for each taconite and direct reduced ore producer. Money from the
82.32fund for each producer shall be released by the commissioner after review by a joint
82.33committee consisting of an equal number of representatives of the salaried employees and
82.34the nonsalaried production and maintenance employees of that producer. The District 11
83.1director of the United States Steelworkers of America, on advice of each local employee
83.2president, shall select the employee members. In nonorganized operations, the employee
83.3committee shall be elected by the nonsalaried production and maintenance employees.
83.4The review must be completed no later than six months after the producer presents a
83.5proposal for expenditure of the funds to the committee. The funds held pursuant to this
83.6section may be released only for acquisition of plant and stationary mining equipment
83.7and facilities for the producer or for research and development in Minnesota on new
83.8mining, or taconite, iron, or steel production technology, but only if the producer provides
83.9a matching expenditure to be used for the same purpose of at least 50 percent of the
83.10distribution based on
83.11proposals for expenditures of money from the fund approved beginning the day following
83.12final enactment, the commissioner may release the funds only if the proposed expenditure
83.13is approved by a majority of the members of the Iron Range Resources and Rehabilitation
83.14Board. If a producer uses money which has been released from the fund prior to the day
83.15following final enactment to procure haulage trucks, mobile equipment, or mining shovels,
83.16and the producer removes the piece of equipment from the taconite tax relief area defined
83.17in section
83.18a portion of the money granted from the fund must be repaid to the taconite economic
83.19development fund. The portion of the money to be repaid is 100 percent of the grant if the
83.20equipment is removed from the taconite tax relief area within 12 months after receipt of
83.21the money from the fund, declining by ten percent for each of the subsequent nine years
83.22during which the equipment remains within the taconite tax relief area. If a taconite
83.23production facility is sold after operations at the facility had ceased, any money remaining
83.24in the fund for the former producer may be released to the purchaser of the facility on
83.25the terms otherwise applicable to the former producer under this section. If a producer
83.26fails to provide matching funds for a proposed expenditure within six months after the
83.27commissioner approves release of the funds, the funds are available for release to another
83.28producer in proportion to the distribution provided and under the conditions of this section.
83.29Any portion of the fund which is not released by the commissioner within two years of its
83.30deposit in the fund shall be divided between the taconite environmental protection fund
83.31created in section
83.32created in section
83.33of the unreleased funds shall be distributed to the taconite environmental protection fund
83.34and one-third to the Douglas J. Johnson economic protection trust fund.
83.35EFFECTIVE DATE.This section is effective for proposals for expenditures of
83.36money from the fund the day following final enactment.
84.1 Sec. 4. APPROPRIATION; IRON RANGE RESOURCES AND
84.2REHABILITATION BOARD.
84.3 $500,000 is appropriated from the Iron Range Resources and Rehabilitation Board
84.4fund for fiscal year 2008 for allocation in this section:
84.5 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
84.6infrastructure to a peat project in Spencer Township in Aitkin County;
84.7 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
84.8Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
84.9endowment for the preservation;
84.10 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
84.11organization to employ youth for the construction of community centers; and
84.12 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
84.13construction.
84.14 These are onetime appropriations.
84.15 Sec. 5. IRRRB BUILDING.
84.16 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
84.17Minnesota is designated and named the Joe Begich Building and shall be signed as such
84.18at every entrance.
84.21 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
84.22 Subd. 6g. Personal direct supervision.
84.23means
84.24
84.25 (1)
84.26
84.27to perform the electrical work being supervised;
84.28 (2) during the entire working day of the unlicensed individual, the licensed
84.29individual is physically present at the location where the unlicensed individual is
84.30preforming electrical work and immediately available to the unlicensed individual;
84.31 (3) the licensed
84.32the unlicensed
84.33 (4) electronic supervision does not meet the requirement of physically present and
84.34immediately available;
85.1 (5) the licensed individual shall review the electrical work performed by the
85.2unlicensed individual before the electrical work is operated; and
85.3
85.4work performed by the unlicensed
85.5section
85.6 The licensed
85.8 Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read:
85.9 Subdivision 1. Composition. (a) The Board of Electricity shall consist of
85.10members, residents of the state, appointed by the governor
85.11the senate. The commissioner of labor and industry or the commissioner's designee shall
85.12be a nonvoting member. The first appointed board members shall serve an initial term
85.13of four years, except where designated otherwise. The governor shall then reappoint the
85.14current members or appoint replacement members, all or in part, to subsequent three-year
85.15terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
85.16occurring with less than six months time remaining in the term shall be filled for the
85.17existing term and the following three-year term. Of the 11 appointed members, the
85.18composition shall be as follows:
85.19 (1) two shall be representatives of the electrical suppliers in the rural areas of the
85.20state,
85.21 (2) two shall be master electricians, who shall be contractors,
85.22 (3) two journeyman electricians,
85.23 (4) one registered consulting electrical engineer,
85.24 (5) two power limited technicians, who shall be technology system contractors
85.25primarily engaged in the business of installing technology circuits or systems, and
85.26 (6) two public members as defined by section
85.27 (b) Except as provided herein, membership terms, compensation of members,
85.28removal of members, the filling of membership vacancies, and fiscal year and reporting
85.29requirements shall be as provided in sections
85.30administrative services and office space; the review and processing of complaints; the
85.31setting of board fees; and other provisions relating to board operations shall be as provided
85.32in chapter 214.
85.33 Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
86.1 Subd. 2. Powers. (a) The board, or the complaint committee on behalf of the board
86.2where authorized by law, shall have power to:
86.3 (1) Elect its own officers.
86.4
86.5
86.6
86.7
86.8
86.9
86.10
86.11
86.12duties, including rent, supplies, and such like.
86.13 (3) Select from its members individuals to serve on any other state advisory councils,
86.14boards, or committees.
86.15 (4) Enforce the provisions of sections
86.16request, such additional voluntary inspections and reviews as it may deem appropriate.
86.17 (5)
86.18
86.19
86.20
86.21by the board or requested by the commissioner.
86.22 (6) Adopt reasonable rules to carry out its duties under sections
86.23and to provide for the amount and collection of fees for inspection and other services. All
86.24rules shall be adopted in accordance with chapter 14.
86.25 (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as
86.26requested by the commissioner.
86.27 (b) Except for the powers granted to the Electricity Board the commissioner of labor
86.28and industry shall administer the provisions of sections 326.241 to 326.248 and for such
86.29purposes may employ electrical inspectors and other assistants.
86.30 Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
86.31 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no
86.32person shall install, alter, repair, plan, lay out, or supervise the installing, altering, or
86.33repairing of electrical wiring, apparatus, or equipment for technology circuits or systems
86.34unless:
86.35 (1) the person is licensed by the board as a power limited technician; and
87.1 (2) the electrical work is:
87.2 (i) for a licensed contractor and the person is an employee, partner, or officer of,
87.3or is the licensed contractor; or
87.4 (ii) performed under the supervision of a master electrician or power limited
87.5technician also employed by the person's employer on technology circuits, systems,
87.6apparatus, equipment, or facilities owned or leased by the employer that are located within
87.7the limits of property owned or leased, operated, and maintained by the employer.
87.8 (b) An applicant for a power limited technician's license shall (1) be a graduate of a
87.9four-year electrical course in an accredited college or university; or (2) have had at least 36
87.10months' experience, acceptable to the board, in planning for, laying out, supervising, and
87.11installing wiring, apparatus, or equipment for power limited systems, provided however,
87.12that the board may by rule provide for the allowance of up to 12 months (2,000 hours)
87.13of experience credit for successful completion of a two-year post high school electrical
87.14course or other technical training approved by the board.
87.15 (c) The board may initially set experience requirements without rulemaking, but
87.16must adopt rules before July 1, 2004.
87.17 (d) Licensees must attain eight hours of continuing education acceptable to the
87.18board every renewal period.
87.19 (e) A person who has submitted an application by June 30, 2003, to take the alarm
87.20and communications examination administered by the board, and who has achieved a
87.21minimal score of 70 percent on the examination by September 30, 2003, may obtain a
87.22power limited technician license without further examination by submitting an application
87.23and a license fee of $30.
87.24 (f) A company holding an alarm and communication license as of June 30, 2003,
87.25may designate one person who may obtain a power limited technician license without
87.26passing an examination administered by the board by submitting an application and
87.27license fee of $30.
87.28 (g) A person who has submitted an application by
87.2931, 2007, to take the power limited technician examination administered by the
87.30department is not required to meet the qualifications set forth in paragraph (b).
87.31EFFECTIVE DATE.This section is effective the day following final enactment.
87.32 Sec. 5. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
87.33 Subd. 5. Unlicensed
87.34means an individual who has not been licensed by the Board of Electricity as a Class A
87.35master electrician or as a Class A journeyman electrician. An unlicensed individual shall
88.1not perform electrical work required to be performed by a licensed individual unless the
88.2individual has first registered with the Board of Electricity as an unlicensed individual.
88.3Thereafter, an unlicensed individual shall not perform electrical work required to be
88.4performed by a licensed individual unless the work is performed under the
88.5supervision of
88.6licensed
88.7by the same employer. Licensed
88.8individuals to perform electrical work except under the
88.9
88.10individuals shall not supervise the performance of electrical work or make assignments
88.11of electrical work to unlicensed
88.12system work, licensed
88.13
88.14shall supervise no more than three unlicensed
88.15 (b) Notwithstanding any other provision of this section, no
88.16than a master electrician or power limited technician shall plan or lay out electrical wiring,
88.17apparatus, or equipment for light, heat, power, or other purposes, except circuits or
88.18systems exempted from personal licensing by subdivision 12, paragraph (b).
88.19 (c) Contractors employing unlicensed
88.20electrical work shall maintain records establishing compliance with this subdivision,
88.21
88.22work, except for persons working on circuits or systems exempted from personal licensing
88.23by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
88.24records as provided for in section
88.25 (d) When a licensed individual supervises the electrical work of an unlicensed
88.26individual, the licensed individual is responsible for ensuring that the electrical work
88.27complies with sections 326.241 to 326.248 and rules adopted.
88.28 Sec. 6. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
88.29to read:
88.30 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
88.31performing electrical work for a contractor or employer shall register with the department
88.32in the manner prescribed by the commissioner. Experience credit for electrical work
88.33performed after January 1, 2008, by an applicant for a license identified in this section
88.34shall not be granted where the applicant has not registered with or is not licensed by
88.35the department.
89.1 Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
89.2 Subd. 11. Reciprocity.
89.3
89.4
89.5
89.6
89.7
89.8
89.9agreements for personal licenses with another state if approved by the board. Once
89.10approved by the board, the commissioner may issue a personal license without requiring
89.11the applicant to pass an examination provided the applicant:
89.12 (a) submits an application under section 326.242;
89.13 (b) pays the fee required under section 326.242; and
89.14 (c) holds a valid comparable license in the state participating in the agreement.
89.15 Agreements are subject to the following:
89.16 (1) The parties to the agreement must administer a statewide licensing program that
89.17includes examination and qualifying experience or training comparable to Minnesota's.
89.18 (2) The experience and training requirements under which an individual applicant
89.19qualified for examination in the qualifying state must be deemed equal to or greater than
89.20required for an applicant making application in Minnesota at the time the applicant
89.21acquired the license in the qualifying state.
89.22 (3) The applicant must have acquired the license in the qualifying state through an
89.23examination deemed equivalent to the same class of license examination in Minnesota.
89.24A lesser class of license may be granted where the applicant has acquired a greater
89.25class of license in the qualifying state and the applicant otherwise meets the conditions
89.26of this subdivision.
89.27 (4) At the time of application, the applicant must hold a valid license in the
89.28qualifying state and have held the license continuously for at least one year before making
89.29application in Minnesota.
89.30 (5) An applicant is not eligible for a license under this subdivision if the applicant
89.31has failed the same or greater class of license examination in Minnesota, or if the
89.32applicant's license of the same or greater class has been revoked or suspended.
89.33 (6) An applicant who has failed to renew a personal license for two years or more
89.34after its expiration is not eligible for a license under this subdivision.
89.35 Sec. 8. REPEALER.
90.1Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision
90.24, are repealed.
90.3EFFECTIVE DATE.This section is effective the day following final enactment.
90.6 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
90.7178.01 PURPOSES.
90.8 The purposes of this chapter are: to open to young people regardless of race, sex,
90.9creed, color or national origin, the opportunity to obtain training that will equip them for
90.10profitable employment and citizenship; to establish as a means to this end, a program
90.11of voluntary apprenticeship under approved apprentice agreements providing facilities
90.12for their training and guidance in the arts, skills, and crafts of industry and trade, with
90.13concurrent, supplementary instruction in related subjects; to promote employment
90.14opportunities under conditions providing adequate training and reasonable earnings;
90.15to relate the supply of skilled workers to employment demands; to establish standards
90.16for apprentice training; to establish an Apprenticeship
90.17apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
90.18for a Division of Labor Standards and Apprenticeship within the Department of Labor
90.19and Industry; to provide for reports to the legislature regarding the status of apprentice
90.20training in the state; to establish a procedure for the determination of apprentice agreement
90.21controversies; and to accomplish related ends.
90.22 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
90.23178.02 APPRENTICESHIP
90.24 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
90.25called the commissioner, shall appoint an Apprenticeship
90.26hereinafter referred to as the
90.27employer and employee organizations, and two representatives of the general public. The
90.28director of education responsible for career and technical education or designee shall be an
90.29ex officio member of the
90.30 Subd. 2. Terms. The
90.31removal of appointed members shall be as provided in section
90.32
91.1 Subd. 4. Duties. The
91.2shall propose occupational classifications for apprenticeship programs; propose minimum
91.3standards for apprenticeship programs and agreements; and advise on the establishment
91.4of such policies, procedures, and rules as the
91.5implementing the intent of this chapter.
91.6 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
91.7 Subd. 3. Duties and functions. The director, under the supervision of the
91.8commissioner, and with the advice and oversight of the Apprenticeship
91.9
91.10apprenticeship and other forms of on the job training; to establish, in cooperation and
91.11consultation with the Apprenticeship
91.12committees, conditions and training standards for the approval of apprenticeship programs
91.13and agreements, which conditions and standards shall in no case be lower than those
91.14prescribed by this chapter; to promote equal employment opportunity in apprenticeship
91.15and other on the job training and to establish a Minnesota plan for equal employment
91.16opportunity in apprenticeship which shall be consistent with standards established
91.17under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
91.18registration to sponsors of approved apprenticeship programs; to act as secretary of the
91.19Apprenticeship
91.20for the best interest of the apprentice, any apprenticeship agreement which meets the
91.21standards established hereunder; to terminate any apprenticeship agreement in accordance
91.22with the provisions of such agreement; to keep a record of apprenticeship agreements and
91.23their disposition; to issue certificates of completion of apprenticeship; and to perform
91.24such other duties as the commissioner deems necessary to carry out the intent of this
91.25chapter; provided, that the administration and supervision of supplementary instruction in
91.26related subjects for apprentices; coordination of instruction on a concurrent basis with
91.27job experiences, and the selection and training of teachers and coordinators for such
91.28instruction shall be the function of state and local boards responsible for vocational
91.29education. The director shall have the authority to make wage determinations applicable
91.30to the graduated schedule of wages and journeyman wage rate for apprenticeship
91.31agreements, giving consideration to the existing wage rates prevailing throughout the
91.32state, except that no wage determination by the director shall alter an existing wage
91.33provision for apprentices or journeymen that is contained in a bargaining agreement in
91.34effect between an employer and an organization of employees, nor shall the director
92.1make any determination for the beginning rate for an apprentice that is below the wage
92.2minimum established by federal or state law.
92.3 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
92.4 Subdivision 1. Rules. The commissioner may, upon receipt of the
92.5proposals, accept, adopt, and issue them by rule with any modifications or amendments
92.6the commissioner finds appropriate. The commissioner may refer them back to the
92.7
92.8the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
92.9a board proposal, the commissioner must provide a written explanation of the reason
92.10for the refusal to the board within 30 days after the board submitted the proposal to the
92.11commissioner. Additional rules may be issued as the commissioner may deem necessary.
| 92.14 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
92.16in this article.
| 92.17 |
2008 |
2009 |
Total |
||||
| 92.18 |
General |
$ |
51,175,000 |
$ |
47,510,000 |
$ |
98,685,000 |
| 92.19 |
Total |
$ |
51,175,000 |
$ |
47,510,000 |
$ |
98,685,000 |
| 92.20 |
Sec. 2. MINNESOTA HERITAGE APPROPRIATIONS. |
||||||
92.22agencies and for the purposes specified in this article. The appropriations are from the
92.23general fund, or another named fund, and are available for the fiscal years indicated
92.24for each purpose. The figures "2008" and "2009" used in this article mean that the
92.25appropriations listed under them are available for the fiscal year ending June 30, 2008, or
92.26June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
92.27year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
92.28year ending June 30, 2007, are effective the day following final enactment.
| 92.29 |
APPROPRIATIONS |
||||||
| 92.30 |
Available for the Year |
||||||
| 92.31 |
Ending June 30 |
||||||
| 92.32 |
2008 |
2009 |
|||||
| 92.33 |
Sec. 3. EXPLORE MINNESOTA TOURISM |
$ |
11,669,000 |
$ |
12,587,000 |
||
93.2involvement in tourism, $1,000,000 the first
93.3year and $2,000,000 the second year must
93.4be matched by Explore Minnesota Tourism
93.5from nonstate sources. Each $1 of state
93.6incentive must be matched with $3 of private
93.7sector funding. Cash match is defined as
93.8revenue to the state or documented cash
93.9expenditures directly expended to support
93.10Explore Minnesota Tourism programs. Up
93.11to one-half of the private sector contribution
93.12may be in-kind or soft match. The incentive
93.13in the first year shall be based on fiscal
93.14year 2007 private sector contributions as
93.15prescribed in Laws 2005, First Special
93.16Session chapter 1, article 3, section 6. The
93.17incentive increase in the second year will
93.18be based on fiscal year 2008 private sector
93.19contributions. This incentive is ongoing.
93.20(b) Funding for the marketing grants is
93.21available either year of the biennium.
93.22Unexpended grant funds from the first year
93.23are available in the second year.
93.24(c) Any unexpended money from the general
93.25fund appropriations made under this section
93.26does not cancel but must be placed in a
93.27special marketing account for use by Explore
93.28Minnesota Tourism for additional marketing
93.29activities.
93.30(d) $250,000 the first year and $250,000
93.31the second year are for operating costs of
93.32the Minnesota Film and TV Board. The
93.33appropriation in each year is available
93.34only upon receipt by the board of $1 in
93.35matching contributions of money or in-kind
94.1contributions from nonstate sources for every
94.2$3 provided by this appropriation.
94.3(e) $750,000 is appropriated each year for a
94.4grant to the Minnesota Film and TV Board
94.5for the film jobs production program under
94.6Minnesota Statutes, section 116U.26. Of
94.7this amount, up to $25,000 each year may
94.8be used for administration. The budget base
94.9for the film jobs production program shall be
94.10$500,000 in fiscal year 2010 and $500,000 in
94.11fiscal year 2011.
94.12(f) $150,000 the first year is for a onetime
94.13grant to St. Louis County to be used for
94.14feasibility studies and planning activities
94.15concerning additional uses for the St. Louis
94.16County Heritage and Arts Center at the
94.17Duluth depot. The studies and planning
94.18activities must include:
94.19(1) examining the costs and benefits of
94.20relocating the Northeast Minnesota Office of
94.21Tourism to the Duluth depot;
94.22(2) establishing a heritage tourism center at
94.23the Duluth depot;
94.24(3) developing a multimodal operational plan
94.25integrating railroad and bus service; and
94.26(4) identifying additional services and
94.27activities that would contribute toward
94.28returning the Duluth depot to being a
94.29working railroad station and cultural gateway
94.30to Duluth and St. Louis County.
94.31This appropriation is available until June 30,
94.322009.
| 94.33 94.34 |
Sec. 4. MINNESOTA HISTORICAL SOCIETY |
||||||
| 95.1 |
Subdivision 1.Total Appropriation |
$ |
29,031,000 |
$ |
24,441,000 |
||
95.3purpose are specified in the following
95.4subdivisions.
95.5$500,000 the first year and $500,000 the
95.6second year are for increased rent costs. This
95.7amount is added to the society's base budget.
| 95.8 |
Subd. 2.Education and Outreach |
17,307,000 |
13,765,000 |
||||
95.10is a onetime appropriation for the Minnesota
95.11Sesquicentennial Commission. Of this
95.12appropriation, $750,000 is for competitive
95.13matching grants for local events and projects;
95.14$750,000 is for planning and support of
95.15statewide activities, and up to $200,000 may
95.16be used for administration.
95.17The Minnesota Historical Society, the State
95.18Arts Board, and Explore Minnesota Tourism
95.19may assist the commission in designing and
95.20implementing the grants program.
95.21The commission shall encourage private
95.22contributions to match the state funds to
95.23the greatest extent possible. Contributions
95.24received by the commission are appropriated
95.25to the commission.
95.26(b) $1,500,000 the first year is for a
95.27grant-in-aid program for county and local
95.28historical societies. The Minnesota Historical
95.29Society shall establish program guidelines
95.30and grant evaluation and award criteria for
95.31the program. Each dollar of state funds
95.32awarded to a grantee must be matched with
95.33nonstate funds on a dollar-for-dollar basis by
96.1a grantee. This is a onetime appropriation
96.2and is available until expended.
96.3(c) $500,000 the first year is for a grant-in-aid
96.4program for county and local historical
96.5societies for the repair, restoration, and
96.6preservation of historic sites and buildings
96.7in Minnesota. The Minnesota Historical
96.8Society shall establish program guidelines
96.9and grant evaluation and award criteria for
96.10the program. This is a onetime appropriation
96.11and is available until expended.
96.12(d) $60,000 each year is to offset the revenue
96.13loss from not charging fees for general tours
96.14at the Capitol. This appropriation is added to
96.15the society's base budget.
96.16(e) Notwithstanding Minnesota Statutes,
96.17section 138.668, the Minnesota Historical
96.18Society may not charge a fee for its general
96.19tours at the Capitol, but may charge fees for
96.20special programs other than general tours.
| 96.21 |
Subd. 3.Preservation and Access |
10,953,000 |
10,271,000 |
||||
96.23conservation survey and for restoration,
96.24treatment, moving, and storage of the 1905
96.25historic furnishings and works of art in the
96.26Minnesota State Capitol. This is a onetime
96.27appropriation and is available until June 30,
96.282009.
96.29$308,000 the first year is for the preservation
96.30of battle flags. This is a onetime appropriation
96.31and is available until June 30, 2009.
| 96.32 |
Subd. 4.Pass-Through Appropriations |
771,000 |
405,000 |
||||
| 96.33 |
(a) Minnesota International Center |
43,000 |
43,000 |
||||
| 96.34 |
(b) Minnesota Air National Guard Museum |
16,000 |
-0- |
||||
| 97.1 |
(c) Minnesota Military Museum |
234,000 |
234,000 |
||||
| 97.2 |
(d) Farmamerica |
128,000 |
128,000 |
||||
| 97.3 |
(e) Balances Forward |
||||||
97.5this subdivision the first year does not cancel
97.6but is available for the second year of the
97.7biennium.
97.8$150,000 the first year is for a onetime
97.9grant to the Nicollet County Historical
97.10Society for renovation of the center exhibit
97.11gallery in the Treaty Site History Center
97.12in St. Peter, including additions to the
97.13center's infrastructure and state-of-the-art
97.14interpretive elements. This appropriation is
97.15available until the project is completed or
97.16abandoned, subject to Minnesota Statutes,
97.17section 16A.642.
97.18$200,000 the first year is for a grant to
97.19the Hmong Studies Center at Concordia
97.20University in St. Paul, Minnesota, to be
97.21used for preservation of Hmong historical
97.22artifacts and documents. Any part of the
97.23appropriation not used in fiscal year 2008 is
97.24available for use in fiscal year 2009. This is
97.25a onetime appropriation and is available until
97.26expended.
| 97.27 |
Subd. 5.Fund Transfer |
||||||
97.29reallocate funds appropriated in and between
97.30subdivisions 2 and 3 for any program
97.31purposes.
| 97.32 |
Subd. 6.Minnesota River Valley Study Group |
||||||
98.2cooperation with Explore Minnesota Tourism
98.3shall establish and coordinate a Minnesota
98.4River Valley study group. The Minnesota
98.5River Valley study group shall be comprised
98.6of representatives of the Minnesota Valley
98.7Scenic Byway Alliance, the Department
98.8of Natural Resources, the Department
98.9of Transportation, the Minnesota Indian
98.10Affairs Council, the Region 6 West, Region
98.116 East, Region 8 and Region 9 Regional
98.12Development Commissions, the Minnesota
98.13Historical Society, Explore Minnesota
98.14Tourism, State Arts Board, and other
98.15interested parties. The study group must
98.16develop a plan for coordinated activities
98.17among organizations represented on the
98.18study group to enhance and promote historic
98.19sites, and historic, scenic, and natural
98.20features of the Minnesota River Valley
98.21area. Study topics shall include, but are
98.22not limited to, historic sites related to the
98.23Dakota Conflict of 1862 and the state and
98.24local preparations for the sesquicentennial of
98.25this event. The Minnesota Historical Society
98.26and Explore Minnesota Tourism shall report
98.27on the findings and recommendations of
98.28the Minnesota River Valley study group to
98.29the standing committees of the house of
98.30representatives and senate with jurisdiction
98.31over historic sites and tourism by March 1,
98.322008. The Minnesota River Valley study
98.33group shall serve without compensation.
| 98.34 |
Sec. 5. BOARD OF THE ARTS |
||||||
| 98.35 |
Subdivision 1.Total Appropriation |
$ |
9,975,000 |
$ |
9,982,000 |
||
99.2purpose are specified in the following
99.3subdivisions.
| 99.4 |
Subd. 2.Operations and Services |
637,000 |
644,000 |
||||
| 99.5 |
Subd. 3.Grants Programs |
6,452,000 |
6,452,000 |
||||
99.7shall be $5,924,000 in fiscal year 2010 and
99.8$5,924,000 in fiscal year 2011.
| 99.9 |
Subd. 4.Regional Arts Councils |
2,886,000 |
2,886,000 |
||||
99.11shall be $2,539,000 in fiscal year 2010 and
99.12$2,539,000 in fiscal year 2011.
| 99.13 99.14 |
Sec. 6. MINNESOTA HUMANITIES COMMISSION |
$ |
500,000 |
$ |
500,000 |
||
99.16for lifelong learning programs in greater
99.17Minnesota communities that do not
99.18receive financial support from other large
99.19educational institutions. The base budget
99.20for the Minnesota Humanities Commission
99.21is $500,000 each year in the 2010-2011
99.22biennium.
99.23 Sec. 7. Minnesota Statutes 2006, section 190.096, is amended to read:
99.24190.096 BATTLE FLAGS; REPAIR.
99.25 Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
99.26Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
99.27Society may contract for the repair, restoration, and preservation of regimental battle flags,
99.28standards, and guidons with persons or corporations skilled in such repair, restoration, and
99.29preservation, upon terms or conditions the adjutant general or the Minnesota Historical
99.30Society deems proper
99.31 Subd. 2. Surrender. Notwithstanding the provisions of this section or section
99.33of this section, surrender the immediate custody and control of regimental battle flags,
100.1standards, and guidons under conditions and safeguards the adjutant general or the
100.2Minnesota Historical Society deems necessary and proper, for such time as is reasonably
100.3necessary for their restoration, after which they shall at once be again properly stored
100.4or displayed. The adjutant general or the Minnesota Historical Society shall provide
100.5adequate storage and display space for flags, standards, and guidons which have been
100.6repaired and restored.
100.7 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
100.8Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
100.9preserved under the care and control of the Minnesota Historical Society. They shall be
100.10suitably encased and marked, and, so far as the historical society may deem it consistent
100.11with the safety of the flags and colors, they shall be publicly displayed in the capitol.
100.12 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
100.13preserved under the care and control of the adjutant general. They shall be suitably
100.14encased and marked, and, so far as the adjutant general may deem it consistent with the
100.15safety of the flags and colors, shall be publicly displayed.
| 100.18 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
100.20in this article.
| 100.21 |
2008 |
2009 |
Total |
||||
| 100.22 |
General |
$ |
67,896,000 |
$ |
49,040,000 |
$ |
116,936,000 |
| 100.23 |
TANF |
$ |
3,075,000 |
$ |
3,075,000 |
$ |
6,150,000 |
| 100.24 |
Total |
$ |
70,971,000 |
$ |
52,115,000 |
$ |
123,086,000 |
| 100.25 |
Sec. 2. HOUSING. |
||||||
100.27agencies and for the purposes specified. The appropriations are from the general fund, or
100.28another named fund, and are available for the fiscal years indicated for each purpose. The
100.29figures "2008" and "2009" used in this act mean that the appropriations listed under them
100.30are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
100.31first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is
100.32fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are
100.33effective the day following final enactment.
| 101.1 |
APPROPRIATIONS |
||||||
| 101.2 |
Available for the Year |
||||||
| 101.3 |
Ending June 30 |
||||||
| 101.4 |
2008 |
2009 |
|||||
| 101.5 |
Sec. 3. HOUSING FINANCE AGENCY |
||||||
| 101.6 |
Subdivision 1.Total Appropriation |
$ |
70,971,000 |
$ |
52,115,000 |
||
| 101.7 |
Appropriations by Fund |
||
| 101.8 |
2008 |
2009 |
|
| 101.9 |
General |
67,896,000 |
49,040,000 |
| 101.10 |
TANF |
3,075,000 |
3,075,000 |
101.12housing development fund. The amounts
101.13that may be spent from this appropriation
101.14for certain programs are specified in the
101.15following subdivisions. Except as otherwise
101.16indicated, this transfer is part of the agency's
101.17permanent budget base.
101.18Of this amount, $3,075,000 the first year
101.19and $3,075,000 the second year are onetime
101.20appropriations from the state's federal TANF
101.21block grant under Title I of Public Law
101.22Number 104-193 to the commissioner of
101.23human services, to reimburse the housing
101.24development fund for assistance under
101.25the programs for families receiving TANF
101.26assistance under the MFIP program. The
101.27commissioner of human services shall make
101.28monthly reimbursements to the housing
101.29development fund. The commissioner
101.30of human services shall not make any
101.31reimbursement which the commissioner
101.32determines would be subject to a penalty
101.33under Code of Federal Regulations, section
101.34262.1. If the appropriation in either year is
102.1insufficient, the appropriation for the other
102.2year is available.
| 102.3 102.4 |
Subd. 2.Economic Development and Housing Challenge |
||||||
102.6the second year are for the economic
102.7development and housing challenge program
102.8under Minnesota Statutes, section 462A.33,
102.9for housing that:
102.10(i) conserves energy and utilizes sustainable,
102.11healthy building materials;
102.12(ii) preserves sensitive natural areas and
102.13open spaces and minimizes the need for new
102.14infrastructure;
102.15(iii) is accessible to jobs and services through
102.16integration with transportation or transit
102.17systems; and
102.18(iv) expands the mix of housing choices in
102.19a community by diversifying the levels of
102.20housing affordability.
102.21The agency may fund demonstration projects
102.22that have unique approaches to achieving the
102.23housing described above.
102.24(b) The base is reduced by $3,407,000 each
102.25year in fiscal year 2010 and fiscal year 2011.
| 102.26 |
Subd. 3.Housing Trust Fund |
||||||
102.28the second year are for the housing trust fund
102.29account created under Minnesota Statutes,
102.30section 462A.201, for the purposes of that
102.31section. Of this amount, $1,500,000 the first
102.32year and $1,500,000 in the second year is a
102.33onetime appropriation from the state's federal
102.34TANF block grant. The general fund base
103.1is reduced by $1,890,000 each year in fiscal
103.2year 2010 and fiscal year 2011.
| 103.3 103.4 |
Subd. 4.Bridges Rental Assistance for Mentally Ill |
||||||
103.6the second year are for a rental housing
103.7assistance program for persons with a mental
103.8illness or families with an adult member with
103.9a mental illness under Minnesota Statutes,
103.10section 462A.2097.
| 103.11 |
Subd. 5.Family Homeless Prevention |
||||||
103.13the second year are for family homeless
103.14prevention and assistance programs under
103.15Minnesota Statutes, section 462A.204. Of
103.16this amount, $1,575,000 in the first year and
103.17$1,575,000 in the second year is a onetime
103.18appropriation from the state's federal TANF
103.19block grant. The general fund base is reduced
103.20by $2,225,000 each year in fiscal year 2010
103.21and fiscal year 2011.
| 103.22 |
Subd. 6.Home Ownership Assistance Fund |
||||||
103.24the second year are for the home ownership
103.25assistance program under Minnesota
103.26Statutes, section 462A.21, subdivision 8.
103.27The base is reduced by $1,000,000 each year
103.28in fiscal year 2010 and fiscal year 2011.
| 103.29 |
Subd. 7.Affordable Rental Investment Fund |
||||||
103.31the second year are for the affordable rental
103.32investment fund program under Minnesota
103.33Statutes, section 462A.21, subdivision 8b.
104.1Of this amount, $2,500,000 the first year is a
104.2onetime appropriation.
104.3This appropriation is to finance the
104.4acquisition, rehabilitation, and debt
104.5restructuring of federally assisted rental
104.6property and for making equity take-out loans
104.7under Minnesota Statutes, section 462A.05,
104.8subdivision 39. The owner of the federally
104.9assisted rental property must agree to
104.10participate in the applicable federally assisted
104.11housing program and to extend any existing
104.12low-income affordability restrictions on the
104.13housing for the maximum term permitted.
104.14The owner must also enter into an agreement
104.15that gives local units of government,
104.16housing and redevelopment authorities,
104.17and nonprofit housing organizations the
104.18right of first refusal if the rental property
104.19is offered for sale. Priority must be given
104.20among comparable federally assisted rental
104.21properties to properties with the longest
104.22remaining term under an agreement for
104.23federal rental assistance. Priority must also
104.24be given among comparable rental housing
104.25developments to developments that are or
104.26will be owned by local government units, a
104.27housing and redevelopment authority, or a
104.28nonprofit housing organization.
104.29This appropriation may also be used to
104.30finance the acquisition, rehabilitation, and
104.31debt restructuring of existing supportive
104.32housing properties. For purposes of this
104.33subdivision, "supportive housing" means
104.34affordable rental housing with links to
104.35services necessary for individuals, youth, and
105.1families with children to maintain housing
105.2stability.
105.3Of this amount, $2,500,000 is appropriated
105.4for the purposes of financing the
105.5rehabilitation and operating costs to preserve
105.6public housing. For purposes of this
105.7subdivision, "public housing" is housing for
105.8low-income persons and households financed
105.9by the federal government and owned and
105.10operated by public housing authorities and
105.11agencies. Eligible public housing authorities
105.12must have a public housing assessment
105.13system rating of standard or above. Priority
105.14among comparable proposals must be given
105.15to proposals that maximize federal or local
105.16resources to finance the capital and operating
105.17costs.
| 105.18 105.19 |
Subd. 8.Housing Rehabilitation and Accessibility |
||||||
105.21second year are for the housing rehabilitation
105.22and accessibility program under Minnesota
105.23Statutes, section 462A.05, subdivisions 14a
105.24and 15a. The base is reduced by $629,000
105.25each year in fiscal year 2010 and fiscal year
105.262011.
| 105.27 |
Subd. 9.Urban Indian Housing Program |
||||||
105.29second year are for the urban Indian housing
105.30program under Minnesota Statutes, section
105.31462A.07, subdivision 15. The base is
105.32reduced by $52,000 each year in fiscal year
105.332010 and fiscal year 2011.
| 105.34 |
Subd. 10.Tribal Indian Housing Program |
||||||
106.2the second year are for the tribal Indian
106.3housing program under Minnesota Statutes,
106.4section 462A.07, subdivision 14. The base is
106.5reduced by $468,000 each year in fiscal year
106.62010 and fiscal year 2011.
| 106.7 106.8 |
Subd. 11.Home Ownership Education, Counseling, and Training |
||||||
106.10the second year are appropriated for the
106.11home ownership education, counseling, and
106.12training program under Minnesota Statutes,
106.13section 462A.209. The base is reduced by
106.14$1,460,000 each year in fiscal year 2010 and
106.15fiscal year 2011. Of this amount, $630,000
106.16the first year is for:
106.17(1) foreclosure prevention and assistance
106.18activities in communities that have mortgage
106.19foreclosure rates that exceed the statewide
106.20average foreclosure rate for the most recent
106.21quarter for which data is available; and
106.22(2) home buyer education and counseling
106.23activities by organizations that have
106.24experience working with emerging markets
106.25or partner with organizations with experience
106.26working with emerging markets and that have
106.27demonstrated a commitment to increasing the
106.28homeownership rate of emerging markets.
| 106.29 |
Subd. 12.Capacity Building Grants |
||||||
106.31building grants under Minnesota Statutes
106.32section 462A.21, subdivision 3b. Of this
106.33amount, $140,000 is for continuum of
106.34care planning in greater Minnesota. This
107.1appropriation is the agency's base budget for
107.2this program.
| 107.3 |
Subd. 13.Grant for Hennepin County |
||||||
107.5first year for a grant to Hennepin County
107.6for collaboration with the Center for Urban
107.7and Regional Affairs at the University
107.8of Minnesota for the development of a
107.9predictive, data-driven model that can be
107.10used to identify at-risk properties in order to
107.11target resources to prevent foreclosure.
107.12 Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
107.13 Subd. 8b. Family rental housing. It may establish a family rental housing
107.14assistance program to provide loans or direct rental subsidies for housing for families
107.15with incomes of up to 80 percent of state median income, or to provide grants for the
107.16operating cost of public housing. Priority must be given to those developments with
107.17resident families with the lowest income. The development may be financed by the
107.18agency or other public or private lenders. Direct rental subsidies must be administered by
107.19the agency for the benefit of eligible families. Financial assistance provided under this
107.20subdivision to recipients of aid to families with dependent children must be in the form
107.21of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
107.22this subdivision may be made only with specific appropriations by the legislature. The
107.23limitations on eligible mortgagors contained in section
107.24apply to loans for the rehabilitation of existing housing under this subdivision.
107.25 Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
107.26 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
107.27this section must be used for challenge grants or loans
107.28
107.29resources that reduce the need for deferred loan or grant funds from state resources.
107.30Challenge grants or loans must be used for economically viable homeownership or rental
107.31housing proposals that
107.32
107.33
107.34
108.1 Among comparable proposals, preference must be given to proposals that include
108.2contributions from nonstate resources for the greatest portion of the total development
108.3cost. Comparable proposals with contributions from local units of government or private
108.4philanthropic, religious, or charitable organizations must be given preference in awarding
108.5grants or loans.
108.6 For the purpose of this subdivision,
108.7or wholly of the premium paid for federal housing tax credits.
108.8
108.9
108.10
108.11 Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read:
108.12469.021 PREFERENCES.
108.13 As between applicants equally in need and eligible for occupancy of a dwelling
108.14and at the rent involved, preference shall be given to disabled veterans, persons with
108.15disabilities, and families of service persons who died in service and to families of veterans.
108.16In admitting families of low income to dwelling accommodations in any housing project an
108.17authority shall, as far as is reasonably practicable, give consideration to applications from
108.18families
108.19256J, and to resident families to whom public assistance or supplemental security income
108.20for the aged, blind, and disabled is payable, when those families are otherwise eligible.
108.21 Sec. 7. MORTGAGE FORECLOSURE REDUCTION.
108.22 The commissioner of the Minnesota Housing Finance Agency, in consultation
108.23with the commissioner of commerce, the attorney general, the Minnesota Mortgage
108.24Bankers' Association, Legal Services of Minnesota, the Minnesota Mortgage Foreclosure
108.25Prevention Association, and the Minnesota Sheriffs' Association shall evaluate the
108.26provisions of Minnesota Statutes, sections 580.04 and 580.041, to determine if corrective
108.27actions could be taken by the 2008 legislature to reduce mortgage foreclosures in the state.