Minnesota Legislature
SF 2089
4th 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 13.7931, by adding a subdivision; 116J.401, by adding
1.7a subdivision; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555,
1.8subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.01, by
1.9adding a subdivision; 116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.20,
1.10subdivision 1; 116L.666, subdivision 1; 116M.18, subdivision 6a; 177.27,
1.11subdivisions 1, 4, 5, 8, 9, 10, by adding a subdivision; 177.28, subdivision 1;
1.12177.30; 177.43, subdivisions 3, 4, 6, by adding a subdivision; 178.01; 178.02;
1.13178.03, subdivision 3; 178.041, subdivision 1; 179A.04, subdivision 3; 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; 154; 177; 179; 181;
1.26181A; 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) $24,880,000 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. This appropriation may
20.1not be carried forward from the first year of
20.2the biennium to the second year.
20.3 Sec. 11. BIOSCIENCE ZONES DESIGNATION.
20.4 The commissioner of employment and economic development must establish a
20.5criteria for expanding the zones. The criteria must limit designating a new zone to a
20.6community that has adequate resources and infrastructure to support bioindustry, including
20.7postsecondary institutions, strong health care systems, and existing bioscience companies.
20.8It must also require that a new zone be located on a transportation corridor.
20.9 Sec. 12. NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM.
20.10 Subdivision 1. Program established; purpose. The nanotechnology
20.11development fund program (NDF) is established to develop a collaborative economic
20.12development initiative between the state of Minnesota, the private sector, and multiple
20.13academic institutions to promote by small businesses an increased use of advanced
20.14nanoinstrumentation for characterization, fabrication, and other related processes;
20.15provide research consulting by knowledgeable specialists; and provide student internship
20.16opportunities to increase nanotechnology experience by working with small, medium, or
20.17large Minnesota companies. The NDF program shall be administered by the Department
20.18of Employment and Economic Development and is not a state agency.
20.19 Subd. 2. Definition; qualifying Minnesota small business. "Qualifying Minnesota
20.20small business" means:
20.21 (1) a Minnesota small business corporation, sole proprietorship, or partnership that
20.22has fewer than 50 employees; or
20.23 (2) a Minnesota business corporation, sole proprietorship, or partnership that:
20.24 (i) has 51 to 100 employees; and
20.25 (ii) demonstrates current financial adversity or risk or a major prospect of aiding
20.26the business's long-term outlook by significant use of nanotechnology in the business's
20.27offerings.
20.28 Subd. 3. Grants. The commissioner shall extend onetime matching grants from the
20.29NDF to qualifying Minnesota small businesses located throughout the state to:
20.30 (1) add nanotechnology applications to products that are being developed by
20.31Minnesota small businesses to enhance distinctiveness;
20.32 (2) promote the depth, breadth, and value of technologies being developed by
20.33Minnesota businesses with the aid of nanotechnology;
21.1 (3) encourage more frequent use of nanoinstrumentation to speed businesses' product
21.2time-to-market, with higher incidence of distinct product characteristics;
21.3 (4) provide Minnesota small businesses with broader access to experienced research
21.4consultants; and
21.5 (5) increase the number of researchers experienced in working with
21.6nanoinstrumentation.
21.7 Subd. 4. Grant application and award procedure. (a) The commissioner may
21.8give priority to applicants:
21.9 (1) whose intellectual property would benefit from utilization of nanoinstrumentation
21.10not possessed in-house;
21.11 (2) who are currently utilizing nanoinstrumentation either at the University of
21.12Minnesota or a private sector location on a leased, hourly basis; and
21.13 (3) who wish to increase their access to experienced research consultants.
21.14 (b) The commissioner shall decide whether to award a grant to an eligible applicant
21.15based on:
21.16 (1) the applicant's planned frequency of usage of nanoinstrumentation for
21.17characterization, fabrication, and other related processes; and
21.18 (2) the applicant's demonstration of rental of nanoinstrumentation, in the form
21.19of a signed affidavit from a certified facility to confirm the one-to-one private sector
21.20investment has been met.
21.21 (c) A grant made under this section must:
21.22 (1) include verification of matching rental fees or internship stipends paid by the
21.23grantee; and
21.24 (2) be for a total amount paid to each grantee of not less than $500 nor more than
21.25$20,000 within the biennium.
21.26 Subd. 5. Administration. The commissioner of employment and economic
21.27development must develop and maintain a record-keeping system that specifies how
21.28funds from the NDF are applied for and distributed. Businesses receiving grants
21.29from the NDF must provide contact information, the date and time of the use of the
21.30nanoinstrumentation, proof of their matching contribution to meet the rental costs or
21.31provide an internship's stipend, and a general statement of the expected outcome from
21.32the use of the nanoinstrumentation, to the extent documentation can be made without
21.33divulging proprietary information.
21.34 Subd. 6. Gifts and donations. Gifts and donations, including land or interests in
21.35land, may be made to NDF. Noncash gifts and donations must be disposed of for cash
22.1as soon as the commissioner of employment and economic development can prudently
22.2maximize the value of the gift or donation.
22.3 Subd. 7. Report to legislature. By June 30 of each odd-numbered year, the
22.4commissioner of employment and economic development must submit a report to the
22.5legislature with statistics about the use of the NDF.
22.6 Sec. 13. WORK GROUP.
22.7 The commissioner of employment and economic development shall convene a work
22.8group to evaluate the impact of the money appropriated for wage incentives and how the
22.9wage incentive program works. The work group is to make recommendations to the
22.10legislature by January 15, 2008.
22.13 Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a
22.14subdivision to read:
22.15 Subd. 5. Data from safety and education programs for loggers. The following
22.16data collected from persons who attend safety and education programs or seminars for
22.17loggers established or approved by the commissioner under section 176.130, subdivision
22.1811, is public data:
22.19 (1) the names of the individuals attending the program or seminar;
22.20 (2) the names of each attendee's employer;
22.21 (3) the city where the employer is located;
22.22 (4) the date the program or seminar was held; and
22.23 (5) a description of the seminar or program.
22.24 Sec. 2. Minnesota Statutes 2006, section 116J.401, is amended by adding a subdivision
22.25to read:
22.26 Subd. 4. Use of funds for unemployed worker assistance. Payment of employee
22.27compensation costs from the Wagner-Peyser Act referenced in subdivision 1, clause
22.28(8), must be used to provide direct benefit to unemployed and underemployed workers
22.29through the state's workforce centers. At least 75 percent of the employee compensation
22.30paid from Wagner-Peyser funds must be used for employees at workforce centers who
22.31provide direct assistance to unemployed and underemployed workers and no more than
22.3225 percent may be used for providing hiring and human resource services for employers.
22.33The funds under this section may be used to establish an internet based labor exchange
23.1system. By July 1 of each year, the commissioner must submit a report to the committees
23.2of the legislature responsible for oversight of unemployment insurance with details on
23.3the use of Wagner-Peyser funds, including the number of employee positions funded, the
23.4location of the employees, and the use of funds for internet labor exchange system and
23.5other business assistance.
23.6 Sec. 3. [116J.417] GREATER MINNESOTA BUSINESS DEVELOPMENT
23.7INVESTMENT FUND.
23.8 Subdivision 1. Eligible organization. For the purposes of this section, "eligible
23.9organization" means an organization established pursuant to section 116J.415 which
23.10provides business financing to greater Minnesota businesses.
23.11 Subd. 2. Investment fund establishment. The commissioner shall establish an
23.12investment fund from which fund investments can be made in eligible organizations. The
23.13funds repaid by the eligible organizations are to be returned to the fund for subsequent
23.14reinvestment in eligible organizations.
23.15 Subd. 3. Authorized investments. The commissioner is authorized to make
23.16investments in eligible organizations. The commissioner shall invest funds in the form of
23.17loans to eligible organizations for the purpose of providing capital to new and expanding
23.18businesses in the form of debt or equity, or both.
23.19 Subd. 4. Investment authorized. The commissioner may make investments in
23.20eligible organizations under the following terms:
23.21 (1) the organization seeking an investment of funds must guarantee repayment of not
23.22less than 100 percent of the funds invested in the eligible organization;
23.23 (2) the investments are to be made in the form of a loan to the eligible organization
23.24for a term of ten years, at an interest rate of one percent;
23.25 (3) during the ten-year term of the loan, the eligible organization shall make annual
23.26interest-only payments;
23.27 (4) at the end of the ten-year term, the eligible organization is required to make a
23.28payment in the entire principal amount of the initial loan;
23.29 (5) the state investment by the commissioner in any eligible organization may not
23.30exceed $2,000,000;
23.31 (6) the full amount of state investment will be advanced to the approved eligible
23.32organization upon execution of a formal investment agreement, specifying the terms of the
23.33loan, as well as reporting and other requirements outlined in subdivision 5;
23.34 (7) the eligible organization must maintain the funds in accounts that allow the funds
23.35to be readily available for business investments;
24.1 (8) the eligible organization must make business investments totaling the entire
24.2amount of funds loaned by the state within three years of the execution of the investment
24.3agreement and subsequent transmittal of the funds; and
24.4 (9) an eligible organization that receives an investment under this section shall
24.5report annually, in a format prescribed by the commissioner, the nature and amount of
24.6the business investments made, including, for each financing transaction involving funds
24.7received pursuant to this section, all forms and amounts of financing provided by the
24.8eligible organization from sources other than the investment fund established pursuant to
24.9this section, along with the number of jobs created and private sector investment leveraged.
24.10 Subd. 5. Requirements for state investments. All investments are subject to an
24.11investment agreement which must include:
24.12 (1) a description of the eligible organization, including business finance experience,
24.13qualifications, and investment history;
24.14 (2) a description of the uses of investment proceeds by the eligible organization;
24.15 (3) an explanation of the investment objectives;
24.16 (4) a description of accounting and reporting standards to be used by the eligible
24.17organization; and
24.18 (5) a copy of the most recent audited financial statements of the eligible organization.
24.19 Sec. 4. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
24.20 Subdivision 1. Grant account. A contaminated site cleanup and development
24.21grant account is created in the general fund. Money in the account may be used, as
24.22appropriated by law, to make grants as provided in section116J.554 and to pay for the
24.23commissioner's costs in reviewing applications and making grants. Notwithstanding
24.24section16A.28 , money appropriated to the account for this program from any source is
24.25availablefor four years until spent.
24.26 Sec. 5. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
24.27 Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the
24.28following criteria are met:
24.29 (1) the site is not scheduled for funding during the current or next fiscal year under
24.30the Comprehensive Environmental Response, Compensation, and Liability Act, United
24.31States Code, title 42, section 9601, et seq. or under the Environmental Response, and
24.32Liability Act under sections115B.01 to
115B.20 ;
24.33(2) the appraised value of the site after adjusting for the effect on the value of the
24.34presence or possible presence of contaminants using accepted appraisal methodology, or
25.1the current market value of the site as issued under section
273.121, separately taking into
25.2account the effect of the contaminants on the market value, (i) is less than 75 percent of
25.3the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup
25.4costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and
25.5(3) (2) if the proposed cleanup is completed, it is expected that the site will be
25.6improved with buildings or other improvements and these improvements will provide a
25.7substantial increase in the property tax base within a reasonable period of time or the site
25.8will be used for an important publicly owned or tax-exempt facility.
25.9 Sec. 6. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
25.10 Subdivision 1. Priorities. (a) The legislature expects that applications for grants
25.11will exceed the available appropriations and the agency will be able to provide grants to
25.12only some of the applicant development authorities.
25.13 (b) If applications for grants for qualified sites exceed the available appropriations,
25.14the agency shall make grants for sites that, in the commissioner's judgment, provide
25.15the highest return in public benefits for the public costs incurred and that meet all the
25.16requirements provided by law. In making this judgment, the commissioner shall consider
25.17the following factors:
25.18 (1) the recommendations or ranking of projects by the commissioner of the Pollution
25.19Control Agency regarding the potential threat to public health and the environment that
25.20would be reduced or eliminated by completion of each of the response action plans;
25.21 (2) the potential increase in the property tax base of the local taxing jurisdictions,
25.22considered relative to the fiscal needs of the jurisdictions, that will result from
25.23developments that will occur because of completion of each of the response action plans;
25.24 (3) the social value to the community of the cleanup and redevelopment of the site,
25.25including the importance of development of the proposed public facilities on each of
25.26the sites;
25.27 (4) the probability that each site will be cleaned up without use of government
25.28money in the reasonably foreseeable future by considering but not limited to the current
25.29market value of the site versus the cleanup cost;
25.30 (5) the amount of cleanup costs for each site; and
25.31 (6) the amount of the commitment of municipal or other local resources to pay for
25.32the cleanup costs.
25.33 The factors are not listed in a rank order of priority; rather the commissioner may
25.34weigh each factor, depending upon the facts and circumstances, as the commissioner
25.35considers appropriate. The commissioner may consider other factors that affect the net
26.1return of public benefits for completion of the response action plan. The commissioner,
26.2notwithstanding the listing of priorities and the goal of maximizing the return of public
26.3benefits, shall make grants that distribute available money to sites both within and outside
26.4of the metropolitan area. The commissioner shall provide a written statement of the
26.5supporting reasons for each grant. Unless sufficient applications are not received for
26.6qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
26.7as grants must be made for sites located outside of the metropolitan area.
26.8 Sec. 7. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
26.9 Subdivision 1. Commissioner discretion. The commissioner may make a grant for
26.10up to 50 percent of the eligible costs of a project. The determination of whether to make a
26.11grant for a site is within the discretion of the commissioner, subject to this section and
26.12sections116J.571 to
116J.574 and available unencumbered money in the redevelopment
26.13account. For grants made in fiscal years 2008 and 2009, at least 75 percent of the available
26.14grant funds must be used for grants in greater Minnesota. For grants made in fiscal year
26.152010 and later, at least 50 percent of the available grant funds must be used for grants
26.16in greater Minnesota. If the commissioner determines that the applications for grants
26.17for projects in greater Minnesota are less than the amount of grant funds available, the
26.18commissioner may make grants for projects anywhere in Minnesota. The commissioner's
26.19decisions and application of the priorities under this section are not subject to judicial
26.20review, except for abuse of discretion.
26.21 Sec. 8. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
26.22 Subd. 1a. Priorities. (a) If applications for grants exceed the available
26.23appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
26.24the highest return in public benefits for the public costs incurred. "Public benefits" include
26.25job creation, bioscience development, environmental benefits to the state and region,
26.26efficient use of public transportation, efficient use of existing infrastructure, provision of
26.27affordable housing, multiuse development that constitutes community rebuilding rather
26.28than single-use development, crime reduction, blight reduction, community stabilization,
26.29and property tax base maintenance or improvement. In making this judgment, the
26.30commissioner shall give priority to redevelopment projects with one or more of the
26.31following characteristics:
26.32 (1) the need for redevelopment in conjunction with contamination remediation needs;
26.33 (2) the redevelopment project meets current tax increment financing requirements
26.34for a redevelopment district and tax increments will contribute to the project;
27.1 (3) the redevelopment potential within the municipality;
27.2 (4) proximity to public transit if located in the metropolitan area;and
27.3 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
27.4and
27.5(5) (6) multijurisdictional projects that take into account the need for affordable
27.6housing, transportation, and environmental impact.
27.7 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
27.8commissioner may weigh each factor, depending upon the facts and circumstances, as
27.9the commissioner considers appropriate. The commissioner may consider other factors
27.10that affect the net return of public benefits for completion of the redevelopment plan. The
27.11commissioner, notwithstanding the listing of priorities and the goal of maximizing the
27.12return of public benefits, shall make grants that distribute available money to sites both
27.13within and outside of the metropolitan area. Unless sufficient applications are not received
27.14for qualifying sites outside of the metropolitan area, at least 25 percent of the money
27.15provided as grants must be made for sites located outside of the metropolitan area.
27.16 Sec. 9. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
27.17 Subdivision 1. Generally. (a) The commissioner shall promote, develop, and
27.18facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
27.19addition to the powers granted by section116J.035 , the commissioner may:
27.20 (1) locate, develop, and promote international markets for Minnesota products
27.21and services;
27.22 (2) arrange and lead trade missions to countries with promising international markets
27.23for Minnesota goods, technology, services, and agricultural products;
27.24 (3) promote Minnesota products and services at domestic and international trade
27.25shows;
27.26 (4) organize, promote, and present domestic and international trade shows featuring
27.27Minnesota products and services;
27.28 (5) host trade delegations and assist foreign traders in contacting appropriate
27.29Minnesota businesses and investments;
27.30 (6) develop contacts with Minnesota businesses and gather and provide information
27.31to assist them in locating and communicating with international trading or joint venture
27.32counterparts;
27.33 (7) provide information, education, and counseling services to Minnesota businesses
27.34regarding the economic, commercial, legal, and cultural contexts of international trade;
28.1 (8) provide Minnesota businesses with international trade leads and information
28.2about the availability and sources of services relating to international trade, such as
28.3export financing, licensing, freight forwarding, international advertising, translation, and
28.4custom brokering;
28.5 (9) locate, attract, and promote foreign direct investment and business development
28.6in Minnesota to enhance employment opportunities in Minnesota;
28.7 (10) provide foreign businesses and investors desiring to locate facilities in
28.8Minnesota information regarding sources of governmental, legal, real estate, financial, and
28.9business services;
28.10 (11) enter into contracts or other agreements with private persons and public entities,
28.11including agreements to establish and maintain offices and other types of representation in
28.12foreign countries, to carry out the purposes of promoting international trade and attracting
28.13investment from foreign countries to Minnesota and to carry out this section, without
28.14regard to section16C.06 ; and
28.15 (12) market trade-related materials to businesses and organizations, and the proceeds
28.16of which must be placed in a special revolving account and are appropriated to the
28.17commissioner to prepare and distribute trade-related materials.
28.18 (b) The programs and activities of the commissioner of employment and economic
28.19development and the Minnesota Trade Division may not duplicate programs and activities
28.20of the commissioner of agriculture.
28.21 (c) The commissioner shall notify the chairs of the senate Finance and house Ways
28.22and Means Committees of each agreement under this subdivision to establish and maintain
28.23an office or other type of representation in a foreign country.
28.24 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
28.25assistance to official visits by foreign government representatives and shall serve as liaison
28.26to the foreign diplomatic corps in Minnesota.
28.27 Sec. 10. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
28.28to read:
28.29 Subd. 4. Workforce development intermediaries. "Workforce development
28.30intermediaries" means public, private, or nonprofit entities that provide employment
28.31services to low-income individuals and have a demonstrated track record bringing together
28.32employers and workers, private and public funding streams, and other stakeholders to
28.33implement pathways to career advancement for low-income individuals. Entities may
28.34include, but are not limited to, nonprofit organizations, educational institutions, or the
28.35administrative entity of a local workforce service area.
29.1 Sec. 11. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
29.2 Subd. 1a. Pathways program. The pathways program may provide grants-in-aid
29.3for developing programs which assist in the transition of persons from welfare to work and
29.4assist individuals at or below 200 percent of the federal poverty guidelines. The program
29.5is to be operated by the board. The board shall consult and coordinate with program
29.6administrators at the Department of Employment and Economic Development to design
29.7and provide services for temporary assistance for needy families recipients.
29.8 Pathways grants-in-aid may be awarded to educational or other nonprofit training
29.9institutions or to workforce development intermediaries for education and training
29.10programs and services supporting education and training programs that serve eligible
29.11recipients.
29.12 Preference shall be given to projects that:
29.13 (1) provide employment with benefits paid to employees;
29.14 (2) provide employment where there are defined career paths for trainees;
29.15 (3) pilot the development of an educational pathway that can be used on a continuing
29.16basis for transitioning persons from welfare to work; and
29.17 (4) demonstrate the active participation of Department of Employment and
29.18Economic Development workforce centers, Minnesota State College and University
29.19institutions and other educational institutions, and local welfare agencies.
29.20 Pathways projects must demonstrate the active involvement and financial
29.21commitment of private business. Pathways projects must be matched with cash or in-kind
29.22contributions on at least aone-to-one one-half-to-one ratio by participating private
29.23business.
29.24 A single grant to any one institution shall not exceed $400,000. A portion of a grant
29.25may be used for preemployment training.
29.26 Sec. 12. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
29.27 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
29.28have the meanings given them in this subdivision.
29.29 (b) "Commissioner" means the commissioner of employment and economic
29.30development.
29.31 (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
29.32time employment ceased or was working in the state at the time employment ceased and:
29.33 (1) has been permanently separated or has received a notice of permanent separation
29.34from public or private sector employment and is eligible for or has exhausted entitlement
29.35to unemployment benefits, and is unlikely to return to the previous industry or occupation;
30.1 (2) has been long-term unemployed and has limited opportunities for employment
30.2or reemployment in the same or a similar occupation in the area in which the individual
30.3resides, including older individuals who may have substantial barriers to employment by
30.4reason of age;
30.5 (3) has been terminated or has received a notice of termination of employment as a
30.6result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
30.7 (4) has been self-employed, including farmers and ranchers, and is unemployed as a
30.8result of general economic conditions in the community in which the individual resides or
30.9because of natural disasters; or
30.10(4) (5) is a displaced homemaker. A "displaced homemaker" is an individual who
30.11has spent a substantial number of years in the home providing homemaking service and
30.12(i) has been dependent upon the financial support of another; and now due to divorce,
30.13separation, death, or disability of that person, must find employment to self support; or (ii)
30.14derived the substantial share of support from public assistance on account of dependents
30.15in the home and no longer receives such support.
30.16 To be eligible under this clause, the support must have ceased while the worker
30.17resided in Minnesota.
30.18 (d) "Eligible organization" means a state or local government unit, nonprofit
30.19organization, community action agency, business organization or association, or labor
30.20organization.
30.21 (e) "Plant closing" means the announced or actual permanent shutdown of a single
30.22site of employment, or one or more facilities or operating units within a single site of
30.23employment.
30.24 (f) "Substantial layoff" means a permanent reduction in the workforce, which is
30.25not a result of a plant closing, and which results in an employment loss at a single site
30.26of employment during any 30-day period for at least 50 employees excluding those
30.27employees that work less than 20 hours per week.
30.28 Sec. 13. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
30.29 Subdivision 1. Determination and collection of special assessment. (a) In addition
30.30to amounts due from an employer under the Minnesota unemployment insurance program,
30.31each employer, except an employer making reimbursements is liable for a special
30.32assessment levied at the rate of .10 percent per yearfor calendar years 2006 and 2007 on
30.33all taxable wages, as defined in section268.035, subdivision 24 . Beginning January 1,
30.342008, the special assessment shall be levied at a rate of .085 percent per year on all taxable
30.35wages. The assessment shall become due and be paid by each employer on the same
31.1schedule and in the same manner as other amounts due from an employer under section
31.2268.051, subdivision 1
.
31.3 (b) The special assessment levied under this section shall be subject to the same
31.4requirements and collection procedures as any amounts due from an employer under the
31.5Minnesota unemployment insurance program.
31.6 Sec. 14. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
31.7 Subdivision 1. Designation of workforce service areas. For the purpose of
31.8administering federal, state, and local employment and training services, the commissioner
31.9shall designate the geographic boundaries for workforce service areas in Minnesota.
31.10 The commissioner shall approve a request to be a workforce service area from:
31.11 (1) a home rule charter or statutory city with a population of 200,000 or more or a
31.12county with a population of 200,000 or more; or
31.13 (2) a consortium of contiguous home rule charter or statutory cities or counties
31.14with an aggregate population of 200,000 or more that serves a substantial part of one or
31.15more labor markets.
31.16 The commissioner may approve a request to be a workforce service area from a
31.17home rule charter or statutory city or a county or a consortium of contiguous home
31.18rule charter or statutory cities or counties, without regard to population, that serves a
31.19substantial portion of a labor market area.
31.20 The commissioner shall make a final designation of workforce service areas within
31.21the state after consulting with local elected officials and the governor's Workforce
31.22Development Council. Existing service delivery areas designated under the federal Job
31.23Training Partnership Act shall be initially designated as workforce service areas providing
31.24that no other petitions are submitted by local elected officials.
31.25 The commissioner may redesignate workforce service areas, upon the advice and
31.26consent of the affected local elected officials, no more frequently than every two years.
31.27These redesignations must be made not later than four months before the beginning of a
31.28program year.
31.29 Sec. 15. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
31.30 Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
31.31corporation with which it has entered into an agreement under subdivision 1. These
31.32loans must be used to support a new or expanding business. This support may include
31.33such forms of financing as the sale of goods to the business on installment or deferred
31.34payments, lease purchase agreements, or royalty investments in the business. The interest
32.1rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
32.2the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
32.3nonprofit corporation may charge a loan origination fee equal to or less than one percent
32.4of the loan value. The nonprofit corporation may retain the amount of the origination fee.
32.5The nonprofit corporation must provide at least an equal match to the loan received by the
32.6board. The maximum loan available to the nonprofit corporation under this subdivision is
32.7$50,000. Loans made to the nonprofit corporation under this subdivision may be made
32.8without interest. Repayments made by the nonprofit corporation must be deposited in the
32.9revolving fund created for urban initiative grants.
32.10 Sec. 16. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
32.11PROGRAM.
32.12 Subdivision 1. Establishment; purpose. The small business growth acceleration
32.13program is established. The purpose of the program is to (1) help qualified companies
32.14implement technology and business improvements; and (2) bridge the gap between
32.15standard market pricing for technology and business improvements and what qualified
32.16companies can afford to pay.
32.17 Subd. 2. Qualified company. A company is qualified to receive assistance under
32.18the small business growth acceleration program if it is a manufacturing company or a
32.19manufacturing-related service company that employs 100 or fewer full-time equivalent
32.20employees.
32.21 Subd. 3. Applications for assistance. A company seeking assistance under the
32.22small business growth acceleration program must file an application according to the
32.23requirements of the corporation. A company's application for small business growth
32.24acceleration program assistance must include documentation of the company's overall plan
32.25for technology and business improvement and prioritize the components of the overall
32.26plan. The application must also document the company's need for small business growth
32.27acceleration program funds in order to carry forward the highest priority components of
32.28the plan.
32.29 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
32.30procedures for determining which applicants for assistance under the small business
32.31growth acceleration program will receive program funding. Funding shall be awarded
32.32only to accelerate a qualified company's adoption of needed technology or business
32.33improvements when the corporation concludes that it is unlikely the improvements could
32.34be accomplished in any other way.
33.1 (b) The maximum amount of funds awarded to a qualified company under the small
33.2business growth acceleration program for a particular project must not exceed 50 percent
33.3of the total cost of a project and must not under any circumstances exceed $25,000 during
33.4a calendar year. The corporation shall not award to a qualified company small business
33.5growth acceleration program funds in excess of $50,000 per year.
33.6 (c) Any funds awarded to a qualified company under the small business growth
33.7acceleration program must be used for business services and products that will enhance the
33.8operation of the company. These business services and products must come either directly
33.9from the corporation or from a network of expert providers identified and approved by
33.10the corporation. No company receiving small business growth acceleration program
33.11funds may use the funds for refinancing, overhead costs, new construction, renovation,
33.12equipment, or computer hardware.
33.13 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
33.14documented according to requirements of the corporation.
33.15 Subd. 5. Service agreements. The corporation shall enter a written service
33.16agreement with each company awarded funds under the small business growth acceleration
33.17program. Each service agreement shall clearly articulate the company's need for service,
33.18state the cost of the service, identify who will provide the service, and define the scope of
33.19the service that will be provided. The service agreement must also include an estimate
33.20of the financial impact of the service on the company and require the company to report
33.21the actual financial impact of the service to the corporation 24 months after the service is
33.22provided.
33.23 Subd. 6. Reporting. The corporation shall report annually to the legislative
33.24committees with fiscal jurisdiction over the Department of Employment and Economic
33.25Development:
33.26 (1) the funds awarded under the small business growth acceleration program during
33.27the past 12 months;
33.28 (2) the estimated financial impact of the funds awarded to each company receiving
33.29service under the program; and
33.30 (3) the actual financial impact of funds awarded during the past 24 months.
33.31 Sec. 17. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
33.32 Subdivision 1. Definitions. For the purposes of this section and section 179.87:
33.33 (1) "employer" means any person or business entity having 25 or more full-time
33.34employees in the meatpacking industry; and
34.1 (2) "meatpacking industry" means business operations in which slaughtering,
34.2butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry
34.3packing, poultry manufacturing, pet food manufacturing, processing of meatpacking
34.4products, or rendering is carried on. Meatpacking products include livestock and poultry
34.5products.
34.6 Subd. 2. Right to adequate facilities. An employer must provide its employees:
34.7 (1) adequate and working restroom facilities;
34.8 (2) adequate room for meal and rest breaks;
34.9 (3) adequate locker facilities; and
34.10 (4) adequate time for necessary restroom and meal breaks as required under chapter
34.11177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter
34.12126, or a valid collective bargaining agreement.
34.13 Subd. 3. Right to adequate equipment and training. An employer must furnish its
34.14employees with equipment and training that is adequate to perform the job task assigned.
34.15An employer must make ongoing skill development and training opportunities, including
34.16supervisory training, available to employees.
34.17 Subd. 4. Information provided to employee by employer. (a) An employer must
34.18provide an explanation in an employee's native language of the employee's rights and
34.19duties as an employee either person-to-person or through written materials as required
34.20by state or federal law, or a valid collective bargaining agreement that, at a minimum,
34.21includes:
34.22 (1) a complete description of the salary and benefits plans as they relate to the
34.23employee as required under chapter 181;
34.24 (2) a job description for the employee's position as required under chapter 181;
34.25 (3) a description of leave policies as required under chapter 181 and United States
34.26Code, title 29, chapter 28;
34.27 (4) a description of the work hours and work hours policy as required under chapter
34.28181; United States Code, title 29, chapter 201; or a valid collective bargaining agreement;
34.29and
34.30 (5) a description of the occupational hazards known to exist for the position as
34.31required under chapters 181 and 182 and United States Code, title 29, chapter 15.
34.32 (b) The explanation must also include information on the following employee rights
34.33as protected by state or federal law and a description of where additional information
34.34about those rights may be obtained:
34.35 (1) the right to organize and bargain collectively as required under this chapter and
34.36chapter 177, and United States Code, title 29, chapter 7;
35.1 (2) the right to a safe workplace as required under chapters 181 and 182 and United
35.2States Code, title 29, chapter 15; and
35.3 (3) the right to be free from discrimination as required under this chapter and
35.4chapters 181, 182, and 363A, and United States Code, title 42, chapter 21.
35.5 Sec. 18. [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS
35.6OMBUDSMAN.
35.7 Subdivision 1. Position established. The position of meatpacking industry workers
35.8rights ombudsman is established within the Department of Labor and Industry. The
35.9ombudsman shall be an employee of the department. The ombudsman shall be appointed
35.10by the commissioner in consultation with the chairs of the standing committees of the
35.11senate and house of representatives with jurisdiction over labor and employment issues in
35.12accordance with the preference established in subdivision 5.
35.13 Subd. 2. Duties. The ombudsman shall inspect and review the practices and
35.14procedures of meatpacking operations in the state. The ombudsman shall work to ensure
35.15workers rights under section 179.86 are protected.
35.16 Subd. 3. Access. The ombudsman or designated representatives of the ombudsman
35.17shall have access to all meatpacking operations in the state at any time meatpacking
35.18products are being processed and industry workers are on the job.
35.19 Subd. 4. Office. Necessary office space, furniture, equipment, and supplies as
35.20well as necessary assistance for the ombudsman shall be provided by the Department of
35.21Labor and Industry.
35.22 Subd. 5. Language preference. Preference shall be given to applicants for the
35.23ombudsman position who are fluent in languages in addition to English.
35.24 Subd. 6. Report. The ombudsman shall, on or before December 1 of each year,
35.25submit a report to the members of the legislature and the governor regarding any
35.26recommended actions the ombudsman deems necessary or appropriate to provide for the
35.27fair treatment of workers in the meatpacking industry.
35.28 Sec. 19. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
35.29 Subd. 3. Other duties. (a) The commissioner shall:
35.30 (1) provide mediation services as requested by the parties until the parties reach
35.31agreement, and may continue to assist parties after they have submitted their final
35.32positions for interest arbitration;
35.33 (2) issue notices, subpoenas, and orders required by law to carry out duties under
35.34sections179A.01 to
179A.25 ;
36.1 (3) assist the parties in formulating petitions, notices, and other papers required to
36.2be filed with the commissioner;
36.3 (4) conduct elections;
36.4 (5) certify the final results of any election or other voting procedure conducted
36.5under sections179A.01 to
179A.25 ;
36.6 (6) adopt rules relating to the administration of this chapter and the conduct of
36.7hearings and elections;
36.8 (7) receive, catalogue, file, and make available to the public all decisions of
36.9arbitrators and panels authorized by sections179A.01 to
179A.25 , all grievance arbitration
36.10decisions, and the commissioner's orders and decisions;
36.11 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
36.12section179A.20, subdivision 4 , that is available to any employee in a unit not covered by
36.13a contractual grievance procedure;
36.14 (9) maintain a schedule of state employee classifications or positions assigned to
36.15each unit established in section179A.10, subdivision 2 ;
36.16 (10) collect fees established by rule for empanelment of persons on the labor
36.17arbitrator roster maintained by the commissioner or in conjunction with fair share fee
36.18challenges. Arbitrator application fees will be $100 per year for initial applications and
36.19renewals effective July 1, 2007;
36.20 (11) provide technical support and assistance to voluntary joint labor-management
36.21committees established for the purpose of improving relationships between exclusive
36.22representatives and employers, at the discretion of the commissioner;
36.23 (12) provide to the parties a list of arbitrators as required by section179A.16,
36.24subdivision 4 ; and
36.25 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
36.26representatives for the resolution of grievance or interest disputes. Each person on the
36.27list must be knowledgeable about collective bargaining and labor relations in the public
36.28sector, well versed in state and federal labor law, and experienced in and knowledgeable
36.29about labor arbitration. To the extent practicable, the commissioner shall appoint members
36.30to the list so that the list is gender and racially diverse.
36.31 (b) From the names provided by representative organizations, the commissioner
36.32shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
36.33according to section122A.40 or
122A.41 . The persons on the list must meet at least
36.34one of the following requirements:
36.35 (1) be a former or retired judge;
36.36 (2) be a qualified arbitrator on the list maintained by the bureau;
37.1 (3) be a present, former, or retired administrative law judge; or
37.2 (4) be a neutral individual who is learned in the law and admitted to practice in
37.3Minnesota, who is qualified by experience to conduct these hearings, and who is without
37.4bias to either party.
37.5 Each year, education Minnesota shall provide a list of up to 14 names and the
37.6Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
37.7The commissioner may adopt rules about maintaining and updating the list.
37.8 Sec. 20. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
37.9PRESENCE OF LIQUOR.
37.10 No minor under the age of 18 shall be employed in any rooms constituting the place
37.11in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
37.12tasks involving the serving, dispensing, or handling of such liquors that are consumed on
37.13the premises except that:
37.14 (1) minors who have reached the age of 16 may be employed to perform busing or
37.15dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where
37.16the presence of intoxicating liquor is incidental to food service or preparation;
37.17 (2) minors who have reached the age of 16 may be employed to perform busing or
37.18dishwashing services or to provide waiter or waitress service in rooms or areas where the
37.19presence of 3.2 percent malt liquor is incidental to food service or preparation;
37.20 (3) minors who have reached the age of 16 may be employed to provide musical
37.21entertainment in those rooms or areas where the presence of intoxicating liquor and3.2
37.22percent malt liquor is incidental to food service or preparation; and
37.23 (4) minors are not prevented from working at tasks which are not prohibited by law
37.24in establishments where liquor is sold, served, dispensed, or handled in those rooms or
37.25areas where no liquor is consumed or served.
37.26 Sec. 21. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
37.27 Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
37.28employers and employees of this state resulting from personal injuries and illnesses arising
37.29out of work situations is substantial; that the prevention of these injuries and illnesses is an
37.30important objective of the government of this state; that the greatest hope of attaining this
37.31objective lies in programs of research and education, and in the earnest cooperation of
37.32government, employers and employees; and that a program of regulation and enforcement
37.33is a necessary supplement to these more basic programs.
38.1 The legislature declares it to be its purpose and policy through the exercise of its
38.2powers to assure so far as possible every worker in the state of Minnesota safe and
38.3healthful working conditions and to preserve our human resources by:
38.4 (a) authorizing the Occupational Safety and Health Advisory Council to advise,
38.5consult with or recommend on any matters relating to the Minnesota occupational
38.6safety and health plan to the commissioner of labor and industry and by authorizing the
38.7commissioner of labor and industry to promulgate and enforce mandatory occupational
38.8safety and health standards applicable to employers and employees in the state of
38.9Minnesota;
38.10 (b) encouraging employers and employees to increase their efforts to reduce the
38.11number of occupational safety and health hazards at their places of employment, and to
38.12stimulate employers and employees to institute new and to perfect existing programs for
38.13providing safe and healthful working conditions;
38.14 (c) providing that employers and employees have separate but dependent
38.15responsibilities and rights with respect to achieving safe and healthful working conditions;
38.16 (d) providing for research in the field of occupational safety and health; including
38.17the psychological factors involved, and by developing innovative methods, techniques,
38.18and approaches for dealing with occupational safety and health problems;
38.19 (e) exploring ways to discover latent diseases, establishing causal connections
38.20between diseases and work in environmental conditions, and conducting other research
38.21relating to health problems, in recognition of the fact that occupational health standards
38.22present problems often different from those involved in occupational safety;
38.23 (f) utilizing advances already made by federal laws and regulations providing safe
38.24and healthful working conditions;
38.25 (g) providing criteria which will assure insofar as practicable that no employee
38.26will suffer diminished health, functional capacity, or life expectancy as a result of work
38.27experience;
38.28 (h) providing an effective enforcement program which shall include locating
38.29enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
38.30injuries, and complaints and a prohibition against giving advance notice of an inspection
38.31and sanctions for any individual violating this prohibition;
38.32 (i) providing for appropriate reporting procedures with respect to occupational
38.33safety and health, which procedures will help achieve the objectives of this chapter and
38.34accurately describe the nature of the occupational safety and health problem;
38.35 (j) encouraging joint labor-management efforts to reduce injuries and diseases
38.36arising out of employment;
39.1 (k) providing consultation to employees and employers which will aid them in
39.2complying with their responsibilities under this chapter where such consultation does not
39.3interfere with the effective enforcement of this chapter; and
39.4 (l) providing for training programs to increase the number and competence of
39.5personnel engaged in the field of occupational safety and health.
39.6 Sec. 22. [182.6551] CITATION.
39.7 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
39.8 Sec. 23. [182.6552] DEFINITIONS.
39.9 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
39.10individual doing the job of directly providing physical care to patients including nurses, as
39.11defined by section 148.171, who provide physical care to patients.
39.12 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
39.13section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
39.14subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
39.15 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
39.16scientific evidence on causes of injuries, that uses safe patient handling equipment rather
39.17than people to transfer, move, and reposition patients in all health care facilities to reduce
39.18workplace injuries. This process also reduces the risk of injury to patients.
39.19 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
39.20means engineering controls, lifting and transfer aids, or mechanical assistive devices used
39.21by nurses and other direct patient care workers instead of manual lifting to perform the
39.22acts of lifting, transferring, and repositioning health care facility patients and residents.
39.23 Sec. 24. [182.6553] SAFE PATIENT HANDLING PROGRAM.
39.24 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
39.25every licensed health care facility in the state shall adopt a written safe patient handling
39.26policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
39.27manual lifting of patients by nurses and other direct patient care workers by utilizing
39.28safe patient handling equipment.
39.29 (b) The program shall address:
39.30 (1) assessment of hazards with regard to patient handling;
39.31 (2) the acquisition of an adequate supply of appropriate safe patient handling
39.32equipment;
40.1 (3) initial and ongoing training of nurses and other direct patient care workers on
40.2the use of this equipment;
40.3 (4) procedures to ensure that physical plant modifications and major construction
40.4projects are consistent with program goals; and
40.5 (5) periodic evaluations of the safe patient handling program.
40.6 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
40.7health care facility in the state shall establish a safe patient handling committee either by
40.8creating a new committee or assigning the functions of a safe patient handling committee
40.9to an existing committee.
40.10 (b) Membership of a safe patient handling committee or an existing committee must
40.11meet the following requirements:
40.12 (1) at least half the members shall be nonmanagerial nurses and other direct patient
40.13care workers; and
40.14 (2) in a health care facility where nurses and other direct patient care workers
40.15are covered by a collective bargaining agreement, the union shall select the committee
40.16members proportionate to its representation of nonmanagerial workers, nurses, and other
40.17direct patient care workers.
40.18 (c) A health care organization with more than one covered health care facility may
40.19establish a committee at each facility or one committee to serve this function for all the
40.20facilities. If the organization chooses to have one overall committee for multiple facilities,
40.21at least half of the members of the overall committee must be nonmanagerial nurses and
40.22other direct patient care workers and each facility must be represented on the committee.
40.23 (d) Employees who serve on a safe patient handling committee must be compensated
40.24by their employer for all hours spent on committee business.
40.25 Subd. 3. Facilities with existing programs. A facility that has already adopted a
40.26safe patient handling policy that satisfies the requirements of subdivision 1, and established
40.27a safe patient handling committee by July 1, 2008, is considered to be in compliance
40.28with those requirements. The committee must continue to satisfy the requirements of
40.29subdivision 2, paragraph (b), on an ongoing basis.
40.30 Subd. 4. Committee duties. A safe patient handling committee shall:
40.31 (1) complete a patient handling hazard assessment that:
40.32 (i) considers patient handling tasks, types of nursing units, patient populations, and
40.33the physical environment of patient care areas;
40.34 (ii) identifies problems and solutions;
40.35 (iii) identifies areas of highest risk for lifting injuries; and
40.36 (iv) recommends a mechanism to report, track, and analyze injury trends;
41.1 (2) make recommendations on the purchase, use, and maintenance of an adequate
41.2supply of appropriate safe patient handling equipment;
41.3 (3) make recommendations on training of nurses and other direct patient care
41.4workers on use of safe patient handling equipment, initially when the equipment arrives at
41.5the facility and periodically afterwards;
41.6 (4) conduct annual evaluations of the safe patient handling implementation plan and
41.7progress toward goals established in the safe patient handling policy; and
41.8 (5) recommend procedures to ensure that, when remodeling of patient care areas
41.9occurs, the plans incorporate safe patient handling equipment or the physical space and
41.10construction design needed to accommodate safe patient handling equipment at a later date.
41.11 Subd. 5. Training materials. The commissioner shall make training materials on
41.12implementation of this section available to all health care facilities at no cost as part of the
41.13training and education duties of the commissioner under section 182.673.
41.14 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
41.15section 182.661. A violation of this section is subject to the penalties provided under
41.16section 182.666.
41.17 Subd. 7. Grant program. The commissioner may make grants to health care
41.18facilities to acquire safe patient handling equipment and for training on safe patient
41.19handling and safe patient handling equipment. Grants to any one facility may not exceed
41.20$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
41.21commissioner shall establish a grant application process. The commissioner may give
41.22priority for grants to facilities that demonstrate that acquiring safe patient handling
41.23equipment will impose a financial hardship on the facility. For health care facilities
41.24that provide evidence of hardship, the commissioner may waive the 50 percent match
41.25requirement and may grant such a facility more than $40,000. Health care facilities that
41.26the commissioner determines are experiencing hardship shall not be required to meet the
41.27safe patient handling requirements until July 1, 2012.
41.28 Sec. 25. Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read:
41.29 Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not
41.30be eligible to receive unemployment benefits for any week with respect to which the
41.31applicant is receiving, has received, or has filed for payment, equal to or in excess of the
41.32applicant's weekly unemployment benefit amount, in the form of:
41.33 (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause
41.34shall not apply to vacation pay paid upon a permanent separation from employment;
42.1 (2) severance pay, bonus pay, sick pay, and any other money payments, except
42.2earnings under subdivision 5, and back pay under subdivision 6, paid by an employer
42.3because of, upon, or after separation from employment, but only if the money payment is
42.4considered wages at the time of payment under section268.035, subdivision 29 , or United
42.5States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act;.
42.6This clause does not apply to the first $10,000 of any amount of severance pay, bonus
42.7pay, sick pay, or any other payments paid to an employee with annual salary or wages
42.8under $75,000; or
42.9 (3) pension, retirement, or annuity payments from any plan contributed to by a base
42.10period employer including the United States government, except Social Security benefits
42.11which are provided for in subdivision 4. The base period employer contributed to the
42.12plan if the contribution is excluded from the definition of wages under section268.035,
42.13subdivision 29 , clause (1), or United States Code, title 26, section 3121, clause (2), of
42.14the Federal Insurance Contribution Act.
42.15 An applicant shall not be considered to have received the lump sum payment if the
42.16applicant immediately deposits that payment in a qualified pension plan or account; or
42.17 (4) holiday pay.
42.18 (b) This subdivision shall apply to all the weeks of payment and shall be applied to
42.19the period immediately following the last day of employment. The number of weeks of
42.20payment shall be determined as follows:
42.21 (1) if the payments are made periodically, the total of the payments to be received
42.22shall be divided by the applicant's last level of regular weekly pay from the employer; or
42.23 (2) if the payment is made in a lump sum, that sum shall be divided by the applicant's
42.24last level of regular weekly pay from the employer.
42.25 (c) If the payment is less than the applicant's weekly unemployment benefit amount,
42.26unemployment benefits shall be reduced by the amount of the payment. If the computation
42.27of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the
42.28next lower whole dollar.
42.29EFFECTIVE DATE.This section is effective for unemployment benefits paid on
42.30or after January 1, 2006, regardless of when the continued request was filed or the week
42.31for which the unemployment benefits are paid.
42.32 Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
42.33to read:
42.34 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
42.35must ensure that the telephone system used for unemployment insurance benefits provides
43.1an option for any caller to speak to an unemployment insurance specialist. An individual
43.2who calls any of the publicized telephone numbers seeking information about applying for
43.3benefits or on the status of a claim must have the option to speak on the telephone to a
43.4specialist who can provide direct assistance or can direct the caller to the person or office
43.5that is able to respond to the caller's needs.
43.6 Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
43.7 Subd. 13. Supported employment. (a) "Supported employment" means
43.8employment of a person with a disability so severe that the person needs ongoing training
43.9and support to get and keep a job in which:
43.10 (1) the person engages in paid work in a position removed from the service vendor's
43.11site where individuals without disabilities who do not require public subsidies also may
43.12be employed;
43.13 (2) public funds are necessary to provide ongoing training and support services
43.14throughout the period of the person's employment; and
43.15 (3) the person has the opportunity for social interaction with individuals who do not
43.16have disabilities and who are not paid caregivers.
43.17 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
43.18then employment at that site may be considered supported employment.
43.19 Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
43.20subdivision to read:
43.21 Subd. 14. Affirmative business enterprise employment. "Affirmative business
43.22enterprise employment" means employment which provides paid work on the premises of
43.23an affirmative business enterprise as certified by the commissioner.
43.24 Affirmative business enterprise employment is considered community employment
43.25for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
43.26that the wages for individuals reported must be at or above customary wages for the
43.27same employer. The employer must also provide one benefit package that is available to
43.28all employees.
43.29 Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
43.30 Subdivision 1. Appointment; membership. Every city, town, county, nonprofit
43.31corporation, or combination thereof establishing a rehabilitation facility shall appoint a
43.32rehabilitation facility board of no fewer thannine seven voting members before becoming
43.33eligible for the assistance provided by sections268A.06 to
268A.15 . When any city,
44.1town, or county singly establishes such a rehabilitation facility, the board shall be
44.2appointed by the chief executive officer of the city or the chair of the governing board
44.3of the county or town. When any combination of cities, towns, counties, or nonprofit
44.4corporations establishes a rehabilitation facility, the chief executive officers of the cities,
44.5nonprofit corporations, and the chairs of the governing bodies of the counties or towns
44.6shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
44.7facility, the corporation shall appoint the board of directors. Membership on a board
44.8shall be representative of the community served and shall include a person with a
44.9disability.One-third to one-half of the board shall be representative of industry or
44.10business. The remaining members should be representative of lay associations for persons
44.11with a disability, labor, the general public, and education, welfare, medical, and health
44.12professions. Nothing in sections
268A.06 to
268A.15 shall be construed to preclude
44.13the appointment of elected or appointed public officials or members of the board of
44.14directors of the sponsoring nonprofit corporation to the board, so long as the representation
44.15described above is preserved. If a county establishes an extended employment program
44.16and manages the program with county employees, the governing board shall be the county
44.17board of commissioners, and other provisions of this chapter pertaining to membership on
44.18the governing board do not apply.
44.19 Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
44.20subdivision to read:
44.21 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
44.22premises of a rehabilitation facility may be certified as an integrated setting after a site
44.23review by the department.
44.24 Sec. 31. [325E.259] CUSTOMER SALES OR SERVICE CALL CENTER
44.25REQUIREMENTS.
44.26 Subdivision 1. Definitions. For purposes of this section, the following terms have
44.27the meanings given them.
44.28 (1) "Customer sales and service call center" means an entity whose primary purpose
44.29includes the initiating or receiving of telephonic communications on behalf of any person
44.30for the purpose of initiating telephone solicitations as defined in section325E.311,
44.31subdivision 6 .
44.32 (2) "Customer service call center" means an entity whose primary purpose includes
44.33the initiating or receiving of telephonic communications on behalf of any person for the
45.1purposes of providing or receiving services or information necessary in connection with
45.2the providing of services or other benefits.
45.3 (3) "Customer services employee" means a person employed by or working on
45.4behalf of a customer sales call center or a customer service call center.
45.5 Subd. 2. Customers' right to customer sales or customer service call center
45.6information. (a) An individual who is a Minnesota resident who receives a telephone call
45.7from, or places a telephone call to, a customer sales call center or a customer service call
45.8center, upon request, has the right to know the identification of the state or country where
45.9the customer service employee is located.
45.10 (b) An individual who is a Minnesota resident who receives a telephone solicitation
45.11from, or places a telephone call to, a customer sales call center or a customer service call
45.12center located in a foreign country, which requests the Minnesota resident's financial,
45.13credit, or identifying information, has the right, upon reaching a customer service
45.14representative, to request an alternative option to contact a customer sales or service
45.15center located in the United States before the information is given if the alternative
45.16option is available.
45.17 Subd. 3. Nonapplicability; business-to-business calls. The rights granted under
45.18this section to an individual who is a Minnesota resident do not apply when the individual
45.19who is a Minnesota resident is making or receiving the call on behalf of a business.
45.20 Subd. 4. Violation. It is fraud under section 325F.69 for a person to willfully
45.21violate this section.
45.22 Subd. 5. Application to other remedies. Nothing in this section changes the
45.23remedies currently available under state or federal law or creates additional or new
45.24remedies.
45.25EFFECTIVE DATE.This section is effective August 1, 2007.
45.26 Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
45.27to read:
45.28 Subd. 5. Local planning assistance. A regional development commission or,
45.29in regions not served by regional development commissions, a regional organization
45.30selected by the commissioner of employment and economic development, may develop a
45.31program to support planning on behalf of local units of government. The local planning
45.32must be related to issues of regional or statewide significance and may include, but is not
45.33limited to, the following:
45.34 (1) local planning and development assistance, which may include local zoning
45.35ordinances and land use plans;
46.1 (2) community or economic development plans, which may include workforce
46.2development plans, housing development plans and market analysis, JOBZ administration,
46.3grant writing assistance, and grant administration;
46.4 (3) environment and natural resources plans, which may include solid waste
46.5management plans, wastewater management plans, and renewable energy development
46.6plans;
46.7 (4) rural community health services; and
46.8 (5) development of geographical information systems to serve regional needs,
46.9including hardware and software purchases and related labor costs.
46.10 Each regional development commission or organization shall submit to the
46.11commissioner of employment and economic development an annual work program
46.12that outlines the work items for the upcoming year and establishes the relationship of
46.13the work items to development issues of regional or statewide significance. The entity
46.14completing the annual work program and identifying the statewide development issues
46.15shall consider input from the Departments of Employment and Economic Development,
46.16Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
46.17appropriate to the issues.
46.18 Sec. 33. WORKFORCE ENHANCEMENT FEE.
46.19 If the commissioner of employment and economic development determines that
46.20the need for services under the dislocated worker program substantially exceeds the
46.21resources that will be available for the program, the commissioner may increase the
46.22special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
46.23more than .12 percent of taxable wages.
46.24 Sec. 34. FEDERAL PROCUREMENT LIAISON.
46.25 The commissioner of employment and economic development must establish and
46.26operate a technology and commercialization unit in the Department of Employment and
46.27Economic Development. Appropriation for this purpose must be used to: coordinate
46.28public and private efforts to procure federal funding for collaborative research and
46.29development projects of primary benefit to small- and medium-sized businesses; promote
46.30contractual relationships between Minnesota businesses who, as recipients of federal
46.31grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess
46.32the research and development capabilities of small- and medium-sized businesses;
46.33undertake referral activities to link Minnesota companies with federal requests for
47.1proposal opportunities; and develop a framework for Minnesota companies to establish
47.2sole-sourcing relationships with federal agencies.
47.3 The commissioner must report to the committees in the house of representatives and
47.4the senate having jurisdiction over bioscience and technology issues on the activities of
47.5the technology and commercialization unit by June 30 of each year.
47.6 Sec. 35. LOCATION OF NORTHERN MINNESOTA INSPECTORS.
47.7 By December 31, 2007, the commissioner of labor and industry must assign three
47.8occupational safety and health inspectors to one or more offices on the Iron Range and one
47.9inspector to an office in Bemidji.
47.10 Sec. 36. WORKING GROUP ON STATE ROLE IN TRADE POLICY.
47.11 Subdivision 1. Work group members. The Department of Employment and
47.12Economic Development must convene a working group to develop recommendations for
47.13establishing policies and procedures regarding the role of the state in federal trade policy
47.14and trade agreements. The working group must be comprised of 17 members as follows:
47.15 (1) the governor or his designee;
47.16 (2) the commissioner of the Department of Employment and Economic Development
47.17or his designee;
47.18 (3) the commissioner of the Department of Agriculture or his designee;
47.19 (4) the commissioner of the Department of Administration or his designee;
47.20 (5) the attorney general or her designee;
47.21 (6) two members of the Minnesota senate one of whom is appointed by the senate
47.22majority leader and one appointed by the minority leader;
47.23 (7) two members of the Minnesota house of representatives, one of whom is
47.24appointed by the speaker and one appointed by the minority leader;
47.25 (8) two members designated by the Minnesota AFL-CIO;
47.26 (9) two members representing labor organizations other than the AFL-CIO with one
47.27to be appointed by the speaker of the Minnesota house of representatives and one to be
47.28appointed by the majority leader of the Minnesota senate;
47.29 (10) two members designated by the Minnesota Chamber of Commerce; and
47.30(11) two members representing business organizations other than the Minnesota
47.31Chamber of Commerce appointed by the governor.
47.32 The Department of Employment and Economic Development must provide
47.33administrative support to the working group.
48.1 Subd. 2. Duties; responsibilities. The working group may obtain input from other
48.2state and federal agencies as appropriate and may conduct public hearings to allow input
48.3from interested stakeholders. The working group must:
48.4 (1) determine the state's jurisdiction regarding federal trade policy and trade
48.5agreements;
48.6 (2) assess the state's current policies, procedures, roles and responsibilities for
48.7providing advice and consent on federal trade policy and trade agreements;
48.8 (3) review the current means through which the state interacts with the Office of
48.9the United States Trade Representative (USTR) and Congress regarding trade policy and
48.10trade agreements;
48.11 (4) inventory the federal trade policies and trade agreements that the state of
48.12Minnesota has formally approved or signed on to;
48.13 (5) examine trade policy models established by other states;
48.14 (6) develop recommendations for defining responsibilities and procedures for the
48.15state's role in federal trade policy and trade agreements; and
48.16 (7) prepare legislative recommendations to implement the recommendations of
48.17the working group.
48.18 The working group must report its findings and recommendations to the governor
48.19and the legislature by December 1, 2007.
48.20 Sec. 37. STUDY; SAFE PATIENT HANDLING.
48.21 (a) The commissioner of labor and industry shall study ways to require workers'
48.22compensation insurers to recognize compliance with Minnesota Statutes, section
48.23182.6553, in the workers' compensation premiums of health care and long-term care
48.24facilities. The commissioner shall report by January 15, 2008, the results of the study
48.25to the chairs of the policy committees of the legislature with primary jurisdiction over
48.26workers' compensation issues.
48.27 (b) By January 15, 2008, the commissioner must make recommendations to the
48.28legislature regarding funding sources available to health care facilities for safe patient
48.29handling programs and equipment, including, but not limited to, low interest loans, interest
48.30free loans, and federal, state, or county grants.
48.31 Sec. 38. WORK GROUP; SAFE PATIENT HANDLING.
48.32 The Minnesota State Council on Disability shall convene a work group comprised
48.33of representatives from the Minnesota Medical Association and other organizations
48.34representing clinics, disability advocates, and direct care workers, to do the following:
49.1 (1) assess the current options for and use of safe patient handling equipment in
49.2unlicensed outpatient clinics, physician offices, and dental settings;
49.3 (2) identify barriers to the use of safe patient handling equipment in these settings;
49.4and
49.5 (3) define clinical settings that move patients to determine applicability of the Safe
49.6Patient Handling Act.
49.7 The work group must report to the legislature by January 15, 2008, including
49.8reports to the chairs of the senate and house of representatives committees on workforce
49.9development.
49.10 Sec. 39. EFFECT ON RULES.
49.11 The commissioner of labor and industry shall amend Minnesota Rules, part
49.125200.0910 , to conform to Minnesota Statutes, section 181A.115. The commissioner
49.13may use the good cause exemption in Minnesota Statutes, section14.388 , in adopting
49.14the amendment required by this section.
49.15 Sec. 40. PUBLIC FACILITIES AUTHORITY FUNDING.
49.16 To the greatest practical extent, projects on the Public Facilities Authority's 2007
49.17intended use plan, the listings for which were based on the Pollution Control Agency's
49.182006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
49.19qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
49.20section 21, that could not be certified by the Pollution Control Agency by the applicable
49.21deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
49.22issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
49.23obtain the required certification from the Pollution Control Agency.
49.24 Sec. 41. REPEALER.
49.25Minnesota Statutes 2006, section 16C.18, subdivision 2, is repealed.
49.28 Section 1. [154.465] HAIR BRAIDING.
49.29 Subdivision 1. Registration. Any person engaged in hair braiding solely for
49.30compensation as a profession, except persons licensed as cosmetologists, shall register
49.31with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
49.32by the board.
50.1 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
50.2results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
50.3locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
50.4fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
50.5hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
50.6includes what is commonly known as "African-style hair braiding" or "natural hair care"
50.7but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
50.8Hair braiding includes the making of customized wigs from natural hair, natural fibers,
50.9synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
50.10as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
50.11involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
50.12chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
50.13or chemical hair bleaching agents applied to growing human hair. For purposes of this
50.14section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
50.15rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
50.16are required solely for hair braiding.
50.17 Subd. 3. Requirements. In order to qualify for initial registration, any person
50.18engaged in hair braiding solely for compensation as a profession shall satisfactorily
50.19complete instruction at either an accredited school or by an individual, except persons
50.20licensed as cosmetologists approved by the board. Instruction includes coursework
50.21covering the topics of health, safety, sanitation, and state laws related to cosmetology not
50.22to exceed 30 hours. The coursework is encouraged to be provided in a foreign language
50.23format and such availability shall be reported to and posted by the Minnesota Board
50.24of Barber and Cosmetology Examiners.
50.25 Subd. 4. Curriculum. An accredited school or an individual approved by the board
50.26desiring to provide the coursework required under subdivision 3 shall have curriculum in
50.27place by January 1, 2008.
50.28EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
50.29effective the day following final enactment.
50.30 Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
50.31 Subdivision 1. Examination of records. The commissioner may enter during
50.32reasonable office hours or upon request and inspect the place of business or employment of
50.33any employer of employees working in the state, to examine and inspect books, registers,
50.34payrolls, and other records of any employer that in any way relate to wages, hours, and
50.35other conditions of employment of any employees. The commissioner may transcribe any
51.1or all of the books, registers, payrolls, and other records as the commissioner deems
51.2necessary or appropriate and may question the employees to ascertain compliance with
51.3sections177.21 to
177.35 177.435
51.4complaints by an employee against an employer if the failure to pay a wage may violate
51.5Minnesota law or an order or rule of the department.
51.6 Sec. 3. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
51.7 Subd. 4. Compliance orders. The commissioner may issue an order requiring an
51.8employer to comply with sections177.21 to
177.35 177.435181.02 ,
181.03 ,
181.031 ,
51.9181.032
,
181.101 ,
181.11 ,
181.12 ,
181.13 ,
181.14 ,
181.145 ,
181.15 , and
181.79, 181.932,
51.10and 181.9325 , or with any rule promulgated under section
177.28 . The department shall
51.11serve the order upon the employer or the employer's authorized representative in person or
51.12by certified mail at the employer's place of business. An employer who wishes to contest
51.13the order must file written notice of objection to the order with the commissioner within
51.1415 calendar days after being served with the order. A contested case proceeding must then
51.15be held in accordance with sections14.57 to
14.69 . If, within 15 calendar days after being
51.16served with the order, the employer fails to file a written notice of objection with the
51.17commissioner, the order becomes a final order of the commissioner.
51.18 Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read:
51.19 Subd. 5. Civil actions. (a) The commissioner may bring an action in the district
51.20court where an employer resides or where the commissioner maintains an office to enforce
51.21or require compliance with orders issued under subdivision 4.
51.22 (b) If the district court determines that a violation of section 181.932 or 181.9325
51.23occurred, the court may order any appropriate relief, including but not limited to
51.24reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory
51.25damages, and the expungement of any adverse records of a state employee or applicant
51.26for state employment who was the subject of the alleged acts of misconduct, and any
51.27appropriate relief as described in section 181.936.
51.28 Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
51.29 Subd. 8. Court actions; suits brought by private parties. An employee may bring
51.30a civil action seeking redress for a violation or violations of sections177.21 to
177.35
51.31177.44 directly to district court. An employer who pays an employee less than the wages
51.32and overtime compensation to which the employee is entitled under sections177.21 to
51.33177.35
177.44 is liable to the employee for the full amount of the wages, gratuities, and
52.1overtime compensation, less any amount the employer is able to establish was actually
52.2paid to the employee and for an additional equal amount as liquidated damages. In
52.3addition, in an action under this subdivision the employee may seek damages and other
52.4appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
52.5between the employee and the employer to work for less than the applicable wage is not
52.6a defense to the action.
52.7 Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
52.8 Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
52.9be filed in the district court of the county wherein a violation or violations of sections
52.10177.21
to
177.35
52.11or has a principal place of business, or any other court of competent jurisdiction. The
52.12action may be brought by one or more employees.
52.13 Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
52.14 Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8,
52.15the court shall order an employer who is found to have committed a violation or violations
52.16of sections177.21 to
177.35
52.17disbursements, witness fees, and attorney fees.
52.18 Sec. 8. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision
52.19to read:
52.20 Subd. 11. Investigation of certain complaints. (a) The commissioner shall conduct
52.21an investigation of any matter that alleges a violation of sections 181.932 and 181.9325.
52.22The identity of the person providing the information that initiated the investigation shall
52.23be classified as private data, pursuant to section 13.02, subdivision 12, except that the
52.24identity may be disclosed to a law enforcement agency that is conducting a criminal
52.25investigation of the matter.
52.26 (b) For each investigation completed, if the commissioner determines that there is
52.27reasonable cause to believe that an employer has violated section 181.932 or 181.9325,
52.28the commissioner shall report the nature and details of the alleged violation to the head
52.29of the employing agency or the appropriate appointing authority. If appropriate, the
52.30commissioner shall report this information to the attorney general, the policy committees
52.31of the house of representatives and senate having jurisdiction over the subject involved,
52.32and to any other authority that the commissioner deems appropriate. In any case
52.33in which the commissioner submits a report of alleged violations to the head of the
53.1employing agency or appropriate appointing authority, that individual shall report to the
53.2commissioner with respect to any action taken by the individual regarding the activity, the
53.3first report being transmitted no later than 30 days after the date of the auditor's report,
53.4and monthly thereafter until final action has been taken.
53.5 (c) This subdivision shall not limit any authority conferred upon the attorney general
53.6or other department or agency of government to investigate and prosecute any matter.
53.7 (d) The commissioner shall have all the powers and authority described in this
53.8section to conduct investigations pursuant to this subdivision.
53.9 Sec. 9. [177.275] INVESTIGATION PROCEDURE.
53.10 (a) The commissioner shall initiate an investigation of a written complaint of
53.11reprisal or retaliation in public employment as prohibited by section 181.932 or 181.9325
53.12within ten working days of its submission. The commissioner shall complete findings
53.13of the investigation within 60 working days thereafter, and shall provide a copy of the
53.14findings to the complaining employee or applicant for employment and to the appropriate
53.15supervisor, manager, employee, or appointing authority. When the allegations contained
53.16in a complaint of reprisal or retaliation are the same as, or similar to, those contained in
53.17another appeal, the commissioner may consolidate the appeals into the most appropriate
53.18format. In these cases, the time limits described in this subdivision shall not apply.
53.19 (b) If the commissioner finds that the supervisor, manager, employee, or appointing
53.20power retaliated against the complainant for engaging in protected whistle-blower
53.21activities, the commissioner may issue a compliance order under section 177.27,
53.22subdivision 4.
53.23 (c) In order for the governor and the legislature to determine the need to continue
53.24or modify state personnel procedures as they relate to the investigations of reprisals or
53.25retaliation for the disclosure of information by public employees, the commissioner, by
53.26June 30 of each year, shall submit a report to the governor and the legislature regarding
53.27complaints filed, hearings held, and legal actions taken under this section.
53.28 Sec. 10. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
53.29 Subdivision 1. General authority. The commissioner may adopt rules, including
53.30definitions of terms, to carry out the purposes of sections177.21 to
177.35
53.31prevent the circumvention or evasion of those sections, and to safeguard the minimum
53.32wage and overtime rates established by sections177.24 and
177.25 .
54.1 Sec. 11. Minnesota Statutes 2006, section 177.30, is amended to read:
54.2177.30 KEEPING RECORDS; PENALTY.
54.3 Every employer subject to sections177.21 to
177.35
54.4record of:
54.5 (1) the name, address, and occupation of each employee;
54.6 (2) the rate of pay, and the amount paid each pay period to each employee;
54.7 (3) the hours worked each day and each workweek by the employee;and
54.8 (4) for each employer subject to sections 177.41 to 177.44, and while performing
54.9work on public works projects funded in whole or in part with state funds, the prevailing
54.10wage master job classification of each employee working on the project for each hour
54.11worked; and
54.12(4) (5) other information the commissioner finds necessary and appropriate to
54.13enforce sections177.21 to
177.35 . The records must be kept for three years in or near the
54.14premises where an employee works except each employer subject to sections 177.41 to
54.15177.44, and while performing work on public works projects funded in whole or in part
54.16with state funds, the records must be kept for three years after the contracting authority
54.17has made final payment on the public works project.
54.18 The commissioner may fine an employer up to $1,000 for each failure to maintain
54.19records as required by this section. This penalty is in addition to any penalties provided
54.20under section177.32, subdivision 1 . In determining the amount of a civil penalty under
54.21this subdivision, the appropriateness of such penalty to the size of the employer's business
54.22and the gravity of the violation shall be considered.
54.23 Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
54.24 Subd. 3. Contract requirements. The contract must specifically state the prevailing
54.25wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
54.26provide that the contracting authority may demand and the contractor or subcontractor
54.27shall furnish to the contracting authority, copies of any and all payrolls, and that the
54.28contracting authority may examine all records relating to wages paid laborers or mechanics
54.29on work to which sections 177.41 to 177.44 apply. The requirements of this subdivision
54.30are in addition to any other requirements or authority set forth in other laws or rules for
54.31work to which sections 177.41 to 177.44 apply.
54.32 Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
54.33 Subd. 4. Determination by commissioner; posting; petition for reconsideration.
54.34 The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
55.1trades and occupations required in any project must be ascertained before the state asks for
55.2bids. The commissioner of labor and industry shall investigate as necessary to ascertain
55.3the information.The commissioner Each contractor and subcontractor performing work
55.4on a public project shall keep the information posted on the project in at least one
55.5conspicuous place for the information of the employees working on the project. A person
55.6aggrieved by a final determination of the commissioner may petition the commissioner for
55.7reconsideration of findings. A person aggrieved by a decision of the commissioner after
55.8reconsideration may, within 20 days after the decision, petition the commissioner for a
55.9public hearing in the manner of a contested case under sections14.57 to
14.61 .
55.10 Sec. 14. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
55.11 Subd. 6. Examination of records; investigation by the department. The
55.12Department of Labor and Industry shall enforce this section. The department may
55.13demand, and the contractor and subcontractor shall furnish to the department, copies
55.14of any or all payrolls. The department may examine all records relating to wages paid
55.15laborers or mechanics on work to which sections177.41 to
177.44 apply. The department
55.16shall employ at least three investigators to perform on-site project reviews, receive and
55.17investigate complaints of violations of this section, and conduct training and outreach to
55.18contractors and contracting authorities for public works projects financed in whole or
55.19in part with state funds.
55.20 Sec. 15. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
55.21to read:
55.22 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
55.23employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
55.24177.44, the commissioner shall issue a withholding order to the contracting authority
55.25ordering the contracting authority to withhold payment of sufficient sum to the prime
55.26or general contractor on the project to satisfy the back wages assessed or otherwise
55.27cure the violation, and the contracting authority must withhold the sum ordered until
55.28the compliance order has become a final order of the commissioner and has been fully
55.29paid or otherwise resolved by the employer.
55.30 During an investigation of a violation of sections 177.41 to 177.44 which the
55.31commissioner reasonably determines is likely to result in the finding of a violation of
55.32sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
55.33177.27, subdivision 4, the commissioner may notify the contracting authority of the
55.34determination and the amount expected to be assessed and the contracting authority shall
56.1give the commissioner 90 days' prior notice of the date the contracting authority intends to
56.2make final payment.
56.3 Sec. 16. [181.723] INDEPENDENT CONTRACTORS.
56.4 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
56.5 (a) "Person" means any individual, limited liability corporation, corporation,
56.6partnership, incorporated or unincorporated association, sole proprietorship, joint stock
56.7company, or any other legal or commercial entity.
56.8 (b) "Department" means the Department of Labor and Industry.
56.9 (c) "Commissioner" means the commissioner of labor and industry or a duly
56.10designated representative of the commissioner who is either an employee of the
56.11Department of Labor and Industry or person working under contract with the Department
56.12of Labor and Industry.
56.13 (d) "Individual" means a human being.
56.14 (e) "Day" means calendar day unless otherwise provided.
56.15 (f) "Knowingly" means knew or could have known with the exercise of reasonable
56.16diligence.
56.17 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
56.18contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
56.19records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
56.20maintained in any form or manner.
56.21 Subd. 2. Limited application. (a) Except as otherwise provided in paragraph (b),
56.22this section only applies to individuals performing public or private sector commercial or
56.23residential building construction or improvement services as defined in section 326.83.
56.24(b) Subdivisions 1 to 6; 7, paragraph (a), clauses (1) to (4); and 8 to 16 do not
56.25apply to individuals licensed under section 326.84 as a residential building contractor
56.26or residential remodeler.
56.27 Subd. 3. Employee-employer relationship. Except as provided in subdivisions
56.282 and 4, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009,
56.29an individual who performs services for a person that are in the course of the person's
56.30trade, business, profession, or occupation is an employee of that person and that person
56.31is an employer of the individual.
56.32 Subd. 4. Independent contractor. An individual is an independent contractor and
56.33not an employee of the person for whom the individual is performing services in the course
56.34of the person's trade, business, profession, or occupation only if (a) the individual holds
56.35a current independent contractor exemption certificate issued by the commissioner; and
57.1(b) the individual is performing services for the person under the independent contractor
57.2exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b)
57.3must be met in order to qualify as an independent contractor and not as an employee of
57.4the person for whom the individual is performing services in the course of the person's
57.5trade, business, profession, or occupation.
57.6 Subd. 5. Application. To obtain an independent contractor exemption certificate,
57.7the individual must submit, in the manner prescribed by the commissioner, a complete
57.8application and the certificate fee required under subdivision 14.
57.9 (a) A complete application must include all of the following information:
57.10 (1) the individual's full name;
57.11 (2) the individual's residence address and telephone number;
57.12 (3) the individual's business name, address, and telephone number;
57.13 (4) the services for which the individual is seeking an independent contractor
57.14exemption certificate;
57.15 (5) the individual's Social Security number;
57.16 (6) the individual's or the individual's business federal employer identification
57.17number, if a number has been issued to the individual or the individual's business;
57.18 (7) any information or documentation that the commissioner requires by rule that
57.19will assist the department in determining whether to grant or deny the individual's
57.20application; and
57.21 (8) The individual's sworn statement that the individual meets all of the following
57.22conditions:
57.23 (i) the individual maintains a separate business with the individual's own office,
57.24equipment, materials, and other facilities;
57.25 (ii) the individual holds or has applied for a federal employer identification number
57.26or has filed business or self-employment income tax returns with the federal Internal
57.27Revenue Service if the person has performed services in the previous year for which the
57.28individual is seeking the independent contractor exemption certificate;
57.29 (iii) the individual operates under contracts to perform specific services for specific
57.30amounts of money and under which the individual controls the means of performing the
57.31services;
57.32 (iv) the individual incurs the main expenses related to the service that the individual
57.33performs under contract;
57.34 (v) the individual is responsible for the satisfactory completion of services that the
57.35individual contracts to perform and is liable for a failure to complete the service;
58.1 (vi) the individual receives compensation for service performed under a contract on
58.2a commission or per-job or competitive bid basis and not on any other basis;
58.3 (vii) the individual may realize a profit or suffer a loss under contracts to perform
58.4service;
58.5 (viii) the individual has continuing or recurring business liabilities or obligations; and
58.6 (ix) the success or failure of the individual's business depends on the relationship of
58.7business receipts to expenditures.
58.8 (b) Within 30 days of receiving a complete application and the certificate fee, the
58.9commissioner must either grant or deny the application. The commissioner may deny
58.10an application for an independent contractor exemption certificate if the individual has
58.11not submitted a complete application and certificate fee or if the individual does not
58.12meet all of the conditions for holding the independent contractor exemption certificate.
58.13The commissioner may revoke an independent contractor exemption certificate if the
58.14commissioner determines that the individual no longer meets all of the conditions for
58.15holding the independent contractor exemption certificate, commits any of the actions
58.16set out in subdivision 7, or fails to cooperate with a department investigation into the
58.17continued validity of the individual's certificate. Once issued, an independent contractor
58.18exemption certificate remains in effect for two years unless:
58.19 (1) revoked by the commissioner; or
58.20 (2) canceled by the individual.
58.21 (c) If the department denies an individual's original or renewal application for
58.22an independent contractor exemption certificate or revokes an independent contractor
58.23exemption certificate, the commissioner shall issue to the individual an order denying or
58.24revoking the certificate. The commissioner may issue an administrative penalty order to
58.25an individual or person who commits any of the actions set out in subdivision 7.
58.26 (d) An individual or person to whom the commissioner issues an order under
58.27paragraph (c) shall have 30 days after service of the order to request a hearing. The request
58.28for hearing must be in writing and must be served on or faxed to the commissioner at the
58.29address or fax number specified in the order by the 30th day after service of the order.
58.30If the individual does not request a hearing or if the individual's request for a hearing is
58.31not served on or faxed to the commissioner by the 30th day after service of the order, the
58.32order shall become a final order of the commissioner and will not be subject to review
58.33by any court or agency. The date on which a request for hearing is served by mail shall
58.34be the postmark date on the envelope in which the request for hearing is mailed. If the
58.35individual serves or faxes a timely request for hearing, the hearing shall be a contested
58.36case hearing and shall be held in accordance with chapter 14.
59.1 Subd. 6. Qualifications for exemption certificate. An individual is performing
59.2services for a person under an independent contractor exemption certificate if:
59.3 (a) the individual is performing services listed on the individual's independent
59.4contractor exemption certificate;
59.5 (b) at the time the individual is performing services listed on the individual's
59.6independent contractor exemption certificate, the individual meets all of the following
59.7conditions:
59.8 (1) the individual maintains a separate business with the individual's own office,
59.9equipment, materials, and other facilities;
59.10 (2) the individual holds or has applied for a federal employer identification number
59.11or has filed business or self-employment income tax returns with the federal Internal
59.12Revenue Service if the individual performed services in the previous year for which the
59.13individual has the independent contractor exemption certificate;
59.14 (3) the individual is operating under contract to perform the specific services for
59.15the person for specific amounts of money and under which the individual controls the
59.16means of performing the services;
59.17 (4) the individual is incurring the main expenses related to the services that the
59.18individual is performing for the person under the contract;
59.19 (5) the individual is responsible for the satisfactory completion of the services
59.20that the individual has contracted to perform for the person and is liable for a failure
59.21to complete the services;
59.22 (6) the individual receives compensation from the person for the services performed
59.23under the contract on a commission or per-job or competitive bid basis and not on any
59.24other basis;
59.25 (7) the individual may realize a profit or suffers a loss under the contract to perform
59.26services for the person;
59.27 (8) the individual has continuing or recurring business liabilities or obligations; and
59.28 (9) the success or failure of the individual's business depends on the relationship of
59.29business receipts to expenditures.
59.30 Subd. 7. Prohibited activities. (a) An individual shall not:
59.31 (1) perform work as an independent contractor who meets the qualifications under
59.32subdivision 6, without first obtaining from the department an independent contractor
59.33exemption certificate;
59.34 (2) perform work as an independent contractor when the department has denied or
59.35revoked the individual's independent contractor exemption certificate;
60.1 (3) transfer to another individual or allow another individual to use the individual's
60.2independent contractor exemption certificate;
60.3 (4) alter or falsify an independent contractor exemption certificate;
60.4 (5) misrepresent the individual's status as an independent contractor; or
60.5 (6) make a false material statement, representation, or certification; omit material
60.6information; or alter, conceal, or fail to file a document required by this section or any rule
60.7promulgated by the commissioner under rulemaking authority set out in this section.
60.8 (b) A person shall not:
60.9 (1) require an individual through coercion, misrepresentation, or fraudulent means to
60.10adopt independent contractor status;
60.11 (2) knowingly misrepresent that an individual who has not been issued an
60.12independent contractor exemption certificate or is not performing services for the person
60.13under an independent contractor exemption certificate is an independent contractor; or
60.14 (3) make a false material statement, representation, or certification; omit material
60.15information; or alter, conceal, or fail to file a document required by this section or any rule
60.16promulgated by the commissioner under rulemaking authority set out in this section.
60.17 (c) A person for whom an individual is performing services must obtain a copy of the
60.18individual's independent contractor exemption certificate before services may commence.
60.19A copy of the independent contractor exemption certificate must be retained for five years
60.20from the date of receipt by the person for whom an individual is performing services.
60.21 Subd. 8. Remedies. An individual or person who violates any provision of
60.22subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
60.23each violation. The department shall deposit penalties in the assigned risk safety account.
60.24 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
60.25section, the commissioner may:
60.26 (1) administer oaths and affirmations, certify official acts, interview, question, take
60.27oral or written statements, and take depositions;
60.28 (2) request, examine, take possession of, photograph, record, and copy any
60.29documents, equipment, or materials;
60.30 (3) at a time and place indicated by the commissioner, request persons to appear
60.31before the commissioner to give testimony and produce documents, equipment, or
60.32materials;
60.33 (4) issue subpoenas to compel persons to appear before the commissioner to give
60.34testimony and produce documents, equipment, or materials; and
61.1 (5) with or without notice, enter without delay upon any property, public or private,
61.2for the purpose of taking any action authorized under this subdivision or the applicable
61.3law, including obtaining information or conducting inspections or investigations.
61.4 (b) Persons requested by the commissioner to give testimony or produce documents,
61.5equipment, or materials shall respond within the time and in the manner specified by the
61.6commissioner. If no time to respond is specified in the request, then a response shall be
61.7submitted within 30 days of the commissioner's service of the request.
61.8 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
61.9owner's representative, or lessee's representative to permit the commissioner's entry onto
61.10property as provided in paragraph (a), the commissioner may apply for an administrative
61.11inspection order in the Ramsey County District Court or, at the commissioner's discretion,
61.12in the district court in the county in which the property is located. The commissioner may
61.13anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
61.14property owner's representative, or lessee's representative has refused to permit entry on a
61.15prior occasion or has informed the commissioner that entry will be refused. Upon showing
61.16of administrative probable cause by the commissioner, the district court shall issue an
61.17administrative inspection order that compels the property owner or lessee to permit the
61.18commissioner to enter the property for the purposes specified in paragraph (a).
61.19 (d) Upon the application of the commissioner, a district court shall treat the failure of
61.20any person to obey a subpoena lawfully issued by the commissioner under this subdivision
61.21as a contempt of court.
61.22 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
61.23on a person under this section may be by mail, by personal service, or in accordance with
61.24any consent to service filed with the commissioner. Service by mail shall be accomplished
61.25in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
61.26shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
61.27subpart 3.
61.28 Subd. 11. Facsimile; timely service. When this section permits a request for
61.29hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
61.30pages in length. The request shall be considered timely served if the facsimile is received
61.31by the commissioner, at the facsimile number identified by the commissioner in the order,
61.32no later than 4:30 p.m. central time on the last day permitted for faxing the request.
61.33Where the quality or authenticity of the faxed request is at issue, the commissioner
61.34may require the original request to be filed. Where the commissioner has not identified
61.35quality or authenticity of the faxed request as an issue and the request has been faxed in
62.1accordance with this subdivision, the person faxing the request does not need to file the
62.2original request with the commissioner.
62.3 Subd. 12. Time period computation. In computing any period of time prescribed
62.4or allowed by this section, the day of the act, event, or default from which the designated
62.5period of time begins to run shall not be included. The last day of the period so computed
62.6shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
62.7period runs until the next day which is not a Saturday, Sunday, or legal holiday.
62.8 Subd. 13. Rulemaking. The commissioner may, in consultation with the
62.9commissioner of revenue and the commissioner of employment and economic
62.10development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
62.11of chapter 14 that relate to the commissioner's responsibilities under this section. This
62.12subdivision is effective the day following final enactment.
62.13 Subd. 14. Fee. The certificate fee for the original application and for the renewal of
62.14an independent contractor exemption certificate shall be $150. Fees collected under this
62.15subdivision are deposited in the general fund.
62.16 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
62.17the commissioner has reason to believe that an individual who holds a certificate has failed
62.18to maintain all the conditions required by subdivision 3 or is not performing services for a
62.19person under the independent contractor exemption certificate, the commissioner must
62.20notify the commissioner of revenue and the commissioner of employment and economic
62.21development. Upon receipt of notification from the commissioner that an individual who
62.22holds a certificate has failed to maintain all the conditions required by subdivision 3
62.23or is not performing services for a person under the independent contractor exemption
62.24certificate, the commissioner of revenue must review the information returns required
62.25under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
62.26also review the submitted certification that is applicable to returns audited or investigated
62.27under section 289A.35.
62.28 Subd. 16. Data classified. Certificates containing the certificate number, the name
62.29of the certificate holder, and the name of the business, issued by the commissioner,
62.30are public data. Applications and required documentation submitted by an individual
62.31is private data on an individual. Upon request of the Department of Revenue or the
62.32Department of Employment and Economic Development, the commissioner may release
62.33to the Department of Revenue and the Department of Employment and Economic
62.34Development applications and required documentation submitted by individuals and
62.35investigative data that relates to the department's issuance or denial of applications and the
63.1department's revocations of certificates. Except as otherwise provided by this subdivision,
63.2the department's investigative data shall be classified as provided in chapter 13.
63.3EFFECTIVE DATE.This section is effective July 1, 2008.
63.4 Sec. 17. [181.724] PERFORMERS IN RECORDED MEDIA INDUSTRY.
63.5 Subdivision 1. Definitions. The definitions in this subdivision apply to section
63.6181.724.
63.7 (a) "Performer" means actor, announcer, singer, dancer, narrator, stunt-person, extra,
63.8or any other individual generically or customarily referred to as talent in the recorded
63.9media industry.
63.10 (b) "Recorded media industry" means radio or television commercial production,
63.11nonbroadcast audio or video production, sound recording, audio or video production for
63.12the internet, or any other recording technology.
63.13 (c) "Individual" means a human being.
63.14 (d) "Person" means any individual, limited liability corporation, corporation,
63.15partnership, incorporated or unincorporated association, sole proprietorship, joint stock
63.16company, or any other legal or commercial entity.
63.17 Subd. 2. Limited application. This section applies only to individuals who
63.18are performers in the recorded media industry. This section does not apply to live
63.19performances.
63.20 Subd. 3. Employee-employer relationship. For the purposes of chapters 176,
63.21177, 181A, 182, and 268, an individual who provides services as a performer in the
63.22recorded media industry for a person that are in the course of the person's trade, business,
63.23profession, or occupation is an employee of that person and that person is an employer of
63.24the individual.
63.25 Subd. 4. Civil remedy. An individual who has been injured by a violation of this
63.26section may bring a civil action for damages against the violator. If the individual is
63.27an employee of the violator of this section, the employee's representative, as defined in
63.28section 179.01, subdivision 5, may bring a civil action for damages against the violator on
63.29behalf of the employee. The court may award attorney fees, costs, and disbursement to an
63.30individual recovering under this section.
63.31 Subd. 5. Reporting of violations. Any court finding that a violation of this section
63.32has occurred shall transmit a copy of its findings of fact and conclusions of law to the
63.33commissioner of labor and industry. The commissioner of labor and industry shall report
63.34the finding to relevant state and federal agencies, including the commissioner of commerce,
64.1the commissioner of employment and economic development, the commissioner of
64.2revenue, the federal Internal Revenue Service, and the United States Department of Labor.
64.3EFFECTIVE DATE.This section is effective January 1, 2008.
64.4 Sec. 18. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
64.5 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
64.6threaten, otherwise discriminate against, or penalize an employee regarding the employee's
64.7compensation, terms, conditions, location, or privileges of employment because:
64.8 (a) the employee, or a person acting on behalf of an employee, in good faith, reports
64.9a violation or suspected violation of any federal or state law or rule adopted pursuant
64.10to law to an employer or to any governmental body or law enforcement official and
64.11the alleged violation involves a matter of public concern, including, but not limited to,
64.12violations that create a specific danger to the public health, safety, or environment;
64.13 (b) the employee is requested by a public body or office to participate in an
64.14investigation, hearing, inquiry;
64.15 (c) the employee refuses an employer's order to perform an action that the employee
64.16has an objective basis in fact to believe violates any state or federal law or rule or
64.17regulation adopted pursuant to law which violation the employee reasonably believes
64.18is a matter of public concern, including, but not limited to, violations that create a
64.19specific danger to the public health, safety, or environment, and the employee informs the
64.20employer that the order is being refused for that reason;or
64.21 (d) the employee, in good faith, reports a situation in which the quality of health care
64.22services provided by a health care facility, organization, or health care provider violates a
64.23standard established by federal or state law or a professionally recognized national clinical
64.24or ethical standard and potentially places the public at risk of harm.;
64.25 (e) a public employee refuses to alter, dilute, or suppress the objective representation
64.26or communication of scientific or technical data or findings, including but not limited to,
64.27findings of economic or environmental impact, or findings indicating consequences for
64.28the public's health or safety; or
64.29 (f) a public employee communicates the findings of a scientific or technical study
64.30that the employee, in good faith, believes to be truthful and accurate, including reports to a
64.31governmental body or law enforcement official.
64.32The disclosures protected pursuant to this section do not authorize the disclosure of trade
64.33secret information otherwise protected by law.
65.1 Sec. 19. [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE
65.2WITH DISCLOSURE OF INFORMATION.
65.3 (a) A public employer may not directly or indirectly use or attempt to use the
65.4employer's official authority or influence for the purpose of intimidating, threatening,
65.5coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of
65.6interfering with the rights described in section 181.932, or for the purpose of persuading
65.7the person to waive or disclaim any other legal rights related to the person's employment.
65.8 (b) For purposes of this section, "use of official authority or influence" includes:
65.9promising to confer, or conferring, any benefit; effecting, or threatening to effect, any
65.10reprisal; or taking, or directing others to take, or recommending, processing, or approving,
65.11any personnel action, including but not limited to appointment, promotion, transfer,
65.12assignment, performance evaluation, suspension, or other disciplinary action.
65.13 Sec. 20. Minnesota Statutes 2006, section 181.935, is amended to read:
65.14181.935 INDIVIDUAL REMEDIES; PENALTY.
65.15 (a) In addition to any remedies otherwise provided by law, an employee injured
65.16by a violation of section181.932 or 181.9325 may bring a civil action to recover any
65.17and all damages recoverable at law, together with costs and disbursements, including
65.18reasonable attorney's fees, and may receive such injunctive and other equitable relief as
65.19determined by the court.
65.20 (b) An employer who failed to notify, as required under section181.933 or
181.934 ,
65.21an employee injured by a violation of section181.932 is subject to a civil penalty of $25
65.22per day per injured employee not to exceed $750 per injured employee.
65.23 Sec. 21. [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER
65.24GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES.
65.25 (a) A public employee or applicant for public employment who files a written
65.26complaint with the employee's or applicant's supervisor, manager, or the appointing
65.27power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or
65.28similar improper acts prohibited by section 181.9325, may also file a copy of the written
65.29complaint with the commissioner of labor and industry, together with a sworn statement
65.30that the contents of the written complaint are true, or are believed by the affiant to be true,
65.31under penalty of perjury. The complaint filed with the commissioner shall be filed within
65.3212 months of the most recent act of reprisal complained about.
65.33 (b) Any person who intentionally engages in acts of reprisal, retaliation, threats,
65.34coercion, or similar acts against a public employee or applicant for public employment
66.1for having made a protected disclosure under section 181.932, is subject to a fine not to
66.2exceed $10,000 and imprisonment in the county jail for a period not to exceed one year.
66.3 (c) In addition to all other penalties provided by law, any person who intentionally
66.4engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public
66.5employee or applicant for public employment for having made a protected disclosure shall
66.6be liable in an action for damages brought against the person by the injured party. Punitive
66.7damages may be awarded by the court where the acts of the offending party are proven to
66.8be malicious. Where liability has been established, the injured party shall also be entitled
66.9to reasonable attorney fees as provided by law. However, any action for damages shall not
66.10be available to the injured party unless the injured party has first filed a complaint with the
66.11commissioner of labor and industry under paragraph (a), and the department has issued, or
66.12failed to issue, findings under section 177.275.
66.13 (d) This section is not intended to prevent an appointing power, manager, or
66.14supervisor from taking, directing others to take, recommending, or approving any
66.15personnel action or from taking or failing to take a personnel action with respect to any
66.16public employee or applicant for public employment if the appointing power, manager, or
66.17supervisor reasonably believes any action or inaction is justified on the basis of evidence
66.18separate and apart from the fact that the person has made a protected disclosure under
66.19section 181.932.
66.20 (e) In any civil action or administrative proceeding, once it has been demonstrated
66.21by a preponderance of evidence that an activity protected by sections 177.27, 177.275,
66.22181.932, and 181.9325 was a contributing factor in the alleged retaliation against a former,
66.23current, or prospective employee, the burden of proof shall be on the supervisor, manager,
66.24or appointing power to demonstrate by clear and convincing evidence that the alleged
66.25action would have occurred for legitimate, independent reasons even if the employee had
66.26not engaged in protected disclosures or refused an illegal order. If the supervisor, manager,
66.27or appointing power fails to meet this burden of proof in an adverse action against the
66.28employee in any administrative review, challenge, or adjudication in which retaliation
66.29has been demonstrated to be a contributing factor, the employee shall have a complete
66.30affirmative defense in the adverse action.
66.31 (f) Nothing in sections 177.27, 177.275, 181.932, and 181.9325 shall be deemed to
66.32diminish the rights, privileges, or remedies of any employee under any other federal or
66.33state law or under any employment contract or collective bargaining agreement.
66.34 Sec. 22. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
67.1 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
67.2during some part of the period of the sales representative agreement:
67.3 (1) is a resident of Minnesota or maintains that person's principal place of business
67.4in Minnesota; or
67.5 (2) whose geographical territory specified in the sales representative agreement
67.6includes part or all of Minnesota.
67.7 (b) To be effective, any demand for arbitration under subdivision 5 must be made
67.8in writing and delivered to the principal on or before one year after the effective date of
67.9the termination of the agreement.
67.10 (c) A provision in any contract between a sales representative dealing in plumbing
67.11equipment or supplies and a principal purporting to waive any provision of this act,
67.12whether by express waiver or by a provision stipulating that the contract is subject to the
67.13laws of another state, shall be void.
67.14 Sec. 23. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
67.15 Subdivision 1. Rules. The statecommissioner of health Plumbing Board may, by
67.16rule, prescribe minimum standards which shall be uniform, and which standards shall
67.17thereafter be effective for all new plumbing installations, including additions, extensions,
67.18alterations, and replacements connected with any water or sewage disposal system owned
67.19or operated by or for any municipality, institution, factory, office building, hotel, apartment
67.20building, or any other place of business regardless of location or the population of the
67.21city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
67.224715.3130, as they apply to review of plans and specifications, the commissioner may
67.23allow plumbing construction, alteration, or extension to proceed without approval of the
67.24plans or specifications by the commissioner.
67.25 Except for powers granted to the Plumbing Board, the commissioner of labor and
67.26industry shall administer the provisions of sections326.37 to
326.45 and for such purposes
67.27may employ plumbing inspectors and other assistants.
67.28 Sec. 24. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
67.29to read:
67.30 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
67.31Mechanical devices and fittings with internal moving parts are prohibited from installation
67.32in plumbing venting systems.
67.33 (b) All urinals covered under the jurisdiction of the state plumbing code must have a
67.34water flush device with a volume of not more than one gallon per use.
68.1 Sec. 25. [326.372] PLUMBING BOARD.
68.2 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 12 voting
68.3members who must be residents of the state, appointed by the governor, and confirmed
68.4by the senate. The commissioner of labor and industry or the commissioner's designee
68.5shall be a voting member. The first appointed board members shall serve an initial term
68.6of four years, except where designated otherwise. The governor shall then reappoint the
68.7current members or appoint replacement members, all or in part, to subsequent three-year
68.8terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
68.9occurring with less than six months time remaining in the term shall be filled for the
68.10existing term and the following three-year term. Of the 11 appointed members, the
68.11composition shall be as follows:
68.12 (1) two members shall be municipal plumbing inspectors, one from the seven-county
68.13metro area and one from greater Minnesota;
68.14 (2) one member shall be a licensed mechanical engineer;
68.15 (3) two members serving an initial term of three years shall be plumbing contractors
68.16or the representative of the contractor, engaged in a commercial scope of plumbing
68.17contracting, one from the metropolitan area and one from greater Minnesota;
68.18 (4) two members serving an initial term of three years shall be plumbing contractors
68.19or their representatives, engaged in the residential scope of plumbing contracting, one
68.20from the metro area and one from greater Minnesota;
68.21 (5) two members serving an initial term of two years shall be plumbing
68.22journeypersons engaged in a commercial scope of plumbing systems installation, one
68.23from the metro area and one from greater Minnesota; and
68.24 (6) two members serving an initial term of two years shall be plumbing
68.25journeypersons engaged in a residential scope of plumbing systems installation, one from
68.26the metro area and one from greater Minnesota.
68.27 (b) Except for the licensed mechanical engineer, all persons appointed to the
68.28council must possess a current Minnesota plumbing license and maintain the license for
68.29the duration of their term.
68.30 Subd. 2. Powers. (a) The board shall have the power to:
68.31 (1) elect its chair;
68.32 (2) specify the plumbing code that must be followed in this state;
68.33 (3) maintain a review process to make determinations regarding any complaints,
68.34code amendments, code compliance, and code clarifications filed with the board;
68.35 (4) adopt rules necessary for the regulation and licensing of contractors,
68.36journeypersons, apprentices, and other persons engaged in the design, installation, and
69.1alteration of plumbing systems that would include the issuing, renewing, revoking,
69.2refusing to renew, and suspending a plumbing license, except for persons licensed under
69.3sections 326.02 to 326.15;
69.4 (5) adopt rules necessary for continuing education for individuals regulated and
69.5licensed under this section;
69.6 (6) make recommendations to the commissioner regarding educational requirements
69.7for plumbing inspectors; and
69.8 (7) pay expenses deemed necessary in the performance of board duties, including:
69.9 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
69.10subdivision 2; and
69.11 (ii) per diem and expenses for its members as provided in section 15.0575,
69.12subdivision 3.
69.13 (b) Requests under the review process in paragraph (a), clause (3), may originate
69.14with the municipal inspectors, the plumbing contractors or their employees, and other
69.15persons engaged in the design, installation, and alteration of plumbing systems. The board
69.16shall make its findings known to all parties and the commissioner of labor and industry
69.17within the time period specified by the board.
69.18 Subd. 3. Fees and finances. The board shall submit an annual budget to the
69.19commissioner of labor and industry. The commissioner shall collect fees under section
69.20326.42 necessary for the operation and continuance of the board. The commissioner is
69.21responsible for the enforcement of the codes and licensing requirements determined by
69.22the board. The board shall recommend the fees for licenses and certification under this
69.23section. The commissioner of finance shall make a quarterly certification of the amount
69.24necessary to pay expenses required for operation of the board under subdivision 2,
69.25paragraph (a), clause (6). The certified amount is appropriated in fiscal years 2008 and
69.262009 to the board for those purposes from the fees collected under section 326.42.
69.27 Subd. 4. Transfer of authority; Plumbing Board. The authority of the
69.28commissioners of health and labor and industry to adopt rules relating to plumbers is
69.29transferred to the Plumbing Board. Licenses and permits currently in effect remain in
69.30effect according to their terms unless affected by board action. Rules adopted by the
69.31commissioner of health or labor and industry remain in effect until amended or repealed
69.32by the board. The commissioner of administration may not use the authority under section
69.3316B.37 to modify the transfers of authority in this act.
69.34 Subd. 5. First meeting; appointments for Plumbing Board. The governor must
69.35complete the appointments required by section 326.372 no later than July 1, 2007. The
70.1commissioner of labor and industry shall convene the first meeting of the Plumbing Board
70.2no later than September 1, 2007.
70.3 Sec. 26. Minnesota Statutes 2006, section 326.38, is amended to read:
70.4326.38 LOCAL REGULATIONS.
70.5 Any city having a system of waterworks or sewerage, or any town in which reside
70.6over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
70.7airports commission, may, by ordinance, adopt local regulations providing for plumbing
70.8permits, bonds, approval of plans, and inspections of plumbing, which regulations are
70.9not in conflict with the plumbing standards on the same subject prescribed by the state
70.10commissioner of health Plumbing Board. No city or such town shall prohibit plumbers
70.11licensed by the state commissioner ofhealth labor and industry from engaging in or
70.12working at the business, except cities and statutory cities which, prior to April 21, 1933,
70.13by ordinance required the licensing of plumbers. No city or town may require a license
70.14for persons performing building sewer or water service installation who have completed
70.15pipe laying training as prescribed by the commissioner of labor and industry. Any city
70.16by ordinance may prescribe regulations, reasonable standards, and inspections and grant
70.17permits to any person, firm, or corporation engaged in the business of installing water
70.18softeners, who is not licensed as a master plumber or journeyman plumber by the state
70.19commissioner ofhealth labor and industry, to connect water softening and water filtering
70.20equipment to private residence water distribution systems, where provision has been
70.21previously made therefor and openings left for that purpose or by use of cold water
70.22connections to a domestic water heater; where it is not necessary to rearrange, make any
70.23extension or alteration of, or addition to any pipe, fixture or plumbing connected with
70.24the water system except to connect the water softener, and provided the connections so
70.25made comply with minimum standards prescribed by the statecommissioner of health
70.26Plumbing Board.
70.27 Sec. 27. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
70.28 Subdivision 1. License required; master and journeyman plumbers. In any city
70.29now or hereafter having 5,000 or more population, according to the last federal census,
70.30and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
70.31engage in or work at the business of a master plumberor, restricted master plumber,
70.32journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
70.33state commissioner ofhealth labor and industry. A license is not required for persons
70.34performing building sewer or water service installation who have completed pipe laying
71.1training as prescribed by the commissioner of labor and industry. A master plumber may
71.2also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
71.3master plumber. A journeyman plumber may also work as a restricted journeyman
71.4plumber. Anyone not so licensed may do plumbing work which complies with the
71.5provisions of the minimum standard prescribed by the statecommissioner of health
71.6Plumbing Board on premises or that part of premises owned and actually occupied by the
71.7worker as a residence, unless otherwise forbidden to do so by a local ordinance.
71.8In any such city (b) No person, firm, or corporation shall engage in the business of
71.9installing plumbing nor install plumbing in connection with the dealing in and selling
71.10of plumbing material and supplies unless at all times a licensed master plumber, or in
71.11cities and towns with a population of fewer than 5,000 according to the federal census a
71.12restricted master plumber, who shall be responsible for proper installation, is in charge
71.13of the plumbing work of the person, firm, or corporation.
71.14 TheDepartment of Health Plumbing Board shall prescribe rules, not inconsistent
71.15herewith, for the examination and licensing of plumbers.
71.16 Sec. 28. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
71.17 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
71.18of practical plumbing experience is eligible to take the journeyman plumbing examination.
71.19Up to 24 months of practical plumbing experience prior to registration as an apprentice
71.20may be applied to the four-year experience requirement. However, none of this practical
71.21plumbing experience may be applied if the person did not have any practical plumbing
71.22experience in the 12-month period immediately prior to registration. Thecommissioner
71.23Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
71.24experience is applicable in preparing for the journeyman's examination. If two years
71.25after completing the training the person has not taken the examination, the four years
71.26of experience shall be forfeited.
71.27 The commissioner may allow an extension of the two-year period for taking the
71.28exam for cases of hardship or other appropriate circumstances.
71.29 Sec. 29. [326.402] RESTRICTED PLUMBER LICENSE.
71.30 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
71.31restricted journeyman or master plumber license to an individual if:
71.32 (1) the individual completes an application with information required by the
71.33commissioner of labor and industry;
71.34 (2) the completed application is accompanied by a fee of $90;
72.1 (3) the commissioner of labor and industry receives the completed application and
72.2fee before January 1, 2008;
72.3 (4) the completed application demonstrates that the applicant has had at least two
72.4years for a restricted journeyman plumber license or four years for a restricted master
72.5plumber license of practical plumbing experience in the plumbing trade prior to the
72.6application; and
72.7 (5) during the entire time for which the applicant is claiming experience in
72.8contracting for plumbing work under clause (4), the applicant was in compliance with all
72.9applicable requirements of section 326.40.
72.10 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
72.11plumber may engage in the plumbing trade in all areas of the state except in cities and
72.12towns with a population of more than 5,000 according to the federal census.
72.13 Subd. 3. Application period. Applications for restricted master plumber and
72.14restricted journeyman plumber licenses must be submitted to the commissioner prior
72.15to January 1, 2008.
72.16 Subd. 4. Renewal; use period for license. A restricted master plumber and
72.17restricted journeyman plumber license must be renewed annually for as long as that
72.18licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
72.19restricted journeyman plumber license within 12 months after the expiration date will
72.20result in permanent forfeiture of the restricted master plumber and restricted journeyman
72.21plumber license.
72.22 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
72.23journeyman plumber license may not be transferred or sold to any other person.
72.24 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
72.25bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
72.26provided by section 326.40, subdivision 3, applies.
72.27 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
72.28journeyman plumber licenses is the same fee as for a master or journeyman plumber
72.29license, respectively.
72.30 Sec. 30. Minnesota Statutes 2006, section 326.405, is amended to read:
72.31326.405 RECIPROCITY WITH OTHER STATES.
72.32The commissioner of health may license without examination, upon payment of the
72.33required fee, nonresident applicants who are licensed under the laws of a state having
72.34standards for licensing plumbers which the commissioner determines are substantially
72.35equivalent to the standards of this state if the other state grants similar privileges to
73.1Minnesota residents duly licensed in this state. The commissioner may issue a temporary
73.2license without examination, upon payment of the required fee, nonresident applicants
73.3who are licensed under the laws of a state having standards for licensing which the
73.4commissioner determines are substantially equivalent to the standards of this state if
73.5the other state grants similar privileges to Minnesota residents duly licensed in this
73.6state. Applicants who receive a temporary license under this section may acquire an
73.7aggregate of 24 months of experience before they have to apply and pass the licensing
73.8examination. Applicants must register with the commissioner of labor and industry and
73.9the commissioner shall set a fee for a temporary license. Applicants have five years in
73.10which to comply with this section.
73.11 Sec. 31. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
73.12 Subdivision 1. Application. Applications for plumber's license shall be made to the
73.13state commissioner ofhealth labor and industry, with fee. Unless the applicant is entitled
73.14to a renewal, the applicant shall be licensed by the state commissioner ofhealth labor and
73.15industry only after passing a satisfactory examination administered by theexaminers
73.16commissioner of labor and industry, based upon rules adopted by the Plumbing Board
73.17showing fitness. Examination fees for both journeyman and master plumbers shall be in
73.18an amount prescribed by the state commissioner ofhealth labor and industry pursuant to
73.19section144.122 . Upon being notified that of having successfully passed the examination
73.20for original license the applicant shall submit an application, with the license fee herein
73.21provided. License fees shall be in an amount prescribed by the state commissioner of
73.22health labor and industry pursuant to section
144.122 . Licenses shall expire and be
73.23renewed as prescribed by the commissioner pursuant to section144.122 .
73.24 Sec. 32. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
73.25 Subd. 2. Regulatory authority; tough person contests. All tough person contests,
73.26including amateur tough person contests, are subject to this chapter. All tough person
73.27contests are subject to American Boxing Commission (ABC) rules. Every contestant
73.28in a tough person contest shall have a physical examination prior to their bouts. Every
73.29contestant in a tough person contest shall wear padded gloves that weigh at least 12
73.30ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
73.31total rounds. Officials at tough person bouts shall be licensed under this chapter.
73.32 Sec. 33. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
73.33to read:
74.1 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
74.2ultimate fight contests, and similar sporting events are subject to this chapter.
74.3 Sec. 34. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
74.4 Subd. 2. Expiration and renewal. A licenseexpires December 31 at midnight in
74.5the year of its issuance issued after the effective date of this act is valid for one year from
74.6the date it is issued and may be renewed by filing an application for renewal with the
74.7commission and payment of the license fee. An application for a license and renewal of a
74.8license must be on a form provided by the commission. There is a 30-day grace period
74.9during which a license may be renewed if a late filing penalty fee equal to the license fee
74.10is submitted with the regular license fee. A licensee that files late shall not conduct any
74.11activity regulated by this chapter until the commission has renewed the license. If the
74.12licensee fails to apply to the commission within the 30-day grace period, the licensee must
74.13apply for a new license under subdivision 1.
74.14 Sec. 35. Minnesota Statutes 2006, section 341.321, is amended to read:
74.15341.321 FEE SCHEDULE.
74.16 (a) The fee schedule for licenses issued by the Minnesota Boxing Commission
74.17is as follows:
74.18 (1) referees,$35 $45 for each initial license and each renewal;
74.19 (2) promoters, $400 for each initial license and each renewal;
74.20 (3) judges and knockdown judges,$25 $45 for each initial license and each renewal;
74.21 (4) trainers,$35 $45 for each initial license and each renewal;
74.22 (5) ring announcers,$25 $45 for each initial license and each renewal;
74.23 (6) boxers' seconds,$25 $45 for each initial license and each renewal;
74.24 (7) timekeepers,$25 $45 for each initial license and each renewal; and
74.25 (8) boxers,$35 $45 for each initial license and each renewal.;
74.26 (9) managers, $45 for each initial license and each renewal; and
74.27 (10) ringside physicians, $45 for each initial license and each renewal.
74.28 (b) The commission shall establish and assess an event fee for each sporting event.
74.29The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
74.30determined by the commission when the sporting event is scheduled.
74.31 (c) All fees collected by the Minnesota Boxing Commission must be deposited in
74.32the Boxing Commission account in the special revenue fund.
74.33 Sec. 36. REPEALER.
75.1Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
75.2repealed.
75.3EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
75.4effective January 1, 2009.
75.7 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
75.8326.46 SUPERVISION OF HIGH PRESSURE PIPING.
75.9 The Department of Labor and Industry shall supervise all high pressure piping
75.10used on all projects in this state, and may prescribe minimum standards which shall be
75.11uniform under rules adopted by the board.
75.12 The department shall employ inspectors and other assistants to carry out the
75.13provisions of sections326.46 to
326.52 .
75.14 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
75.15to read:
75.16 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
75.17 Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
75.18 Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
75.19provide for the inspection of high pressure piping system materials and construction, and
75.20provide that it shall not be constructed or installed except in accordance with minimum
75.21state standards. The authority designated by the ordinance for issuing high pressure piping
75.22permits and assuring compliance with state standards must report to the Department of
75.23Labor and Industry all violations of state high pressure piping standards.
75.24 A municipality may not adopt an ordinance with high pressure piping standards that
75.25does not conform to the uniform standards prescribed by theDepartment of Labor and
75.26Industry board. The Department of Labor and Industry board shall specify by rule the
75.27minimum qualifications for municipal inspectors.
75.28 Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
75.29 Subd. 6. Filing and inspection fees. The Department of Labor and Industry
75.30must charge a filing fee set by thecommissioner board under section
16A.1285 for all
75.31applications for permits to construct or install high pressure piping systems. The fee for
76.1inspection of high pressure piping system construction or installation shall be set by the
76.2commissioner in consultation with the board under section16A.1285 . This subdivision
76.3does not apply where a permit is issued by a municipality complying with subdivision 2.
76.4 Sec. 5. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
76.5 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
76.6consist of 12 members who must be residents of the state, appointed by the governor, and
76.7confirmed by the senate. The commissioner of the Department of Labor and Industry or
76.8the commissioner's designee shall be a voting member. The first appointed board members
76.9shall serve an initial term of four years, except where designated otherwise. The governor
76.10shall then reappoint the current members or appoint replacement members, all or in part, to
76.11subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
76.12of the term. Vacancies occurring with less than six months time remaining in the term
76.13shall be filled for the existing term and the following three-year term. Of the 11 appointed
76.14members, the composition shall be as follows:
76.15 (1) one member shall be a high pressure piping inspector;
76.16 (2) one member shall be a licensed mechanical engineer;
76.17 (3) one member shall be a representative of the piping industry;
76.18 (4) four members shall be high pressure piping contractors or their representatives,
76.19engaged in the scope of high pressure piping, two from the metro area and two from
76.20greater Minnesota;
76.21 (5) two members shall be high pressure piping journeypersons engaged in the scope
76.22of high pressure piping systems installation, one from the metro area and one from greater
76.23Minnesota; and
76.24 (6) two members shall be representatives from utility companies in Minnesota
76.25who shall serve an initial term of two years.
76.26 (b) Except for the licensed mechanical engineer and the members from utilities
76.27companies, all persons appointed to the board must possess a current license or
76.28competency credential required for contractors and persons engaged in the design,
76.29installation, alteration, and inspection of high pressure piping systems.
76.30 Subd. 2. Powers. (a) The board shall have the power to:
76.31 (1) elect its chair;
76.32 (2) specify the high pressure piping code that must be followed in Minnesota;
76.33 (3) maintain an appeals committee to make determinations regarding any complaints,
76.34code amendments, code compliance, and code clarifications filed with the board;
77.1 (4) adopt rules necessary for the regulation and licensing of contractors,
77.2journeypersons, trainees, and persons engaged in the design, installation, alteration, and
77.3inspection of high pressure piping systems, except for persons licensed under sections
77.4326.02 to 326.15;
77.5 (5) adopt rules necessary for continuing education for individuals regulated and
77.6licensed under this section; and
77.7 (6) pay expenses deemed necessary in the performance of board duties, including:
77.8 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
77.9subdivision 2; and
77.10 (ii) per diem and expenses for its members as provided in section 15.0575,
77.11subdivision 3.
77.12 (b) Complaints filed under this section may originate with high pressure piping
77.13inspectors, contractors, or their employees, or other persons engaged in the design,
77.14installation, and alteration of a high pressure piping system. The board shall make their
77.15findings known to all parties and the commissioner of the Department of Labor and
77.16Industry within the time period specified by the board.
77.17 Subd. 3. Fee and finances. The board shall submit an annual budget to the
77.18commissioner of the Department of Labor and Industry. The commissioner shall collect
77.19fees under section 326.47, subdivision 6, necessary for the operation and continuance of
77.20the board. The commissioner is responsible for the enforcement of the codes and licensing
77.21requirements determined by the board. The board shall recommend the fees for licenses
77.22and certification under this section and for all high pressure piping system permits and
77.23submit the fee structure to the commissioner of labor and industry. The commissioner
77.24of finance shall make a quarterly certification of the amount necessary to pay expenses
77.25required for operation of the board under subdivision 2, paragraph (a), clause (6). The
77.26certified amount is appropriated in fiscal years 2008 and 2009 to the board for those
77.27purposes from the fees collected under section 326.50.
77.28 Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
77.29 Subdivision 1. License required; rules; time credit. No person shall engage in
77.30or work at the business of a contracting pipefitter unless issued an individual contracting
77.31pipefitter license to do so by the Department of Labor and Industry under rules prescribed
77.32by the board. No license shall be required for repairs on existing installations. No
77.33person shall engage in or work at the business of journeyman pipefitter unless issued an
77.34individual journeyman pipefitter competency license to do so by the Department of Labor
78.1and Industry under rules prescribed by the board. A person possessing an individual
78.2contracting pipefitter competency license may also work as a journeyman pipefitter.
78.3 No person, partnership, firm, or corporation shall install high pressure piping, nor
78.4install high pressure piping in connection with the dealing in and selling of high pressure
78.5pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
78.6individual competency license or a journeyman pipefitter individual competency license is
78.7responsible for the high pressure pipefitting work conducted by the person, partnership,
78.8firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
78.9 TheDepartment of Labor and Industry board shall prescribe rules, not inconsistent
78.10herewith, for the examination and individual competency licensing of contracting
78.11pipefitters and journeyman pipefitters and for issuance of permits by the department and
78.12municipalities for the installation of high pressure piping.
78.13 An employee performing the duties of inspector for the Department of Labor and
78.14Industry in regulating pipefitting shall not receive time credit for the inspection duties
78.15when making an application for a license required by this section.
78.16 Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
78.17 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
78.18for high pressure piping work, a person, partnership, firm, or corporation must obtain or
78.19utilize a business with a high pressure piping business license.
78.20 A person, partnership, firm, or corporation must have at all times as a full-time
78.21employee at least one individual holding an individual contracting pipefitter competency
78.22license. Only full-time employees who hold individual contracting pipefitter licenses
78.23are authorized to obtain high pressure piping permits in the name of the business. The
78.24individual contracting pipefitter competency license holder can be the employee of only
78.25one high pressure piping business at a time.
78.26 To retain its business license without reapplication, a person, partnership, firm, or
78.27corporation holding a high pressure piping business license that ceases to employ a person
78.28holding an individual contracting pipefitter competency license shall have 60 days from
78.29the last day of employment of its previous individual contracting pipefitter competency
78.30license holder to employ another license holder. The Department of Labor and Industry
78.31must be notified no later than five days after the last day of employment of the previous
78.32license holder.
78.33 No high pressure pipefitting work may be performed during any period when the
78.34high pressure pipefitting business does not have an individual contracting pipefitter
79.1competency license holder on staff. If a license holder is not employed within 60 days,
79.2the pipefitting business license shall lapse.
79.3 TheDepartment of Labor and Industry board shall prescribe by rule procedures for
79.4application for and issuance of business licenses and fees.
79.5 Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
79.6to read:
79.7 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
79.8license without examination, upon payment of the required fee, nonresident applicants
79.9who are licensed under the laws of a state having standards for licensing which the
79.10commissioner determines are substantially equivalent to the standards of this state if
79.11the other state grants similar privileges to Minnesota residents duly licensed in this
79.12state. Applicants who receive a temporary license under this section may acquire an
79.13aggregate of 24 months of experience before they have to apply and pass the licensing
79.14examination. Applicants must register with the commissioner of labor and industry and
79.15the commissioner shall set a fee for a temporary license. Applicants have five years in
79.16which to comply with this section.
79.17 Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
79.18326.50 APPLICATION; FEES.
79.19 Application for an individual contracting pipefitter competency or an individual
79.20journeyman pipefitter competency license shall be made to the Department of Labor and
79.21Industry, with fees. The applicant shall be licensed only after passing an examination
79.22administered by the Department of Labor and Industry in accordance with rules adopted
79.23by the board.
79.24 Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read:
79.25326.51 DEPARTMENT MAY REVOKE LICENSES.
79.26 Thedepartment board may revoke or suspend, for cause, any license obtained
79.27through error or fraud, or if the licensee is shown to be incompetent, or for a violation
79.28of any of its rules and regulations applicable to high pressure pipefitting work. The
79.29licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
79.30on at least ten days' notice, with the right to produce testimony. The hearing shall be
79.31held pursuant to chapter 14. Thecommissioner board shall issue a final order based on
79.32testimony and the record at hearing. One year from the date of revocation application
79.33may be made for a new license.
80.1 Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read:
80.2326.52 DEPOSIT OF FEES.
80.3 All fees received under sections326.46 to
326.52 shall be deposited by the
80.4Department of Labor and Industry to the credit of the general fund in the state treasury.
80.5The salaries and per diem of the inspectors and examiners hereinbefore provided, their
80.6expenses, and all incidental expenses of the department and board in carrying out the
80.7provisions of sections326.46 to
326.52 shall be paid from the appropriations made to the
80.8Department of Labor and Industry. The commissioner in consultation with the board by
80.9rule shall set the amount of the fees at a level that approximates, to the greatest extent
80.10possible, the salaries, per diem, and incidental expenses of the department.
80.11 Sec. 12. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
80.12SYSTEMS.
80.13 The authority of the commissioner of labor and industry to adopt rules relating to
80.14high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
80.15Licenses and permits currently in effect remain in effect according to their terms unless
80.16affected by board action. Rules adopted by the commissioner of labor and industry remain
80.17in effect until amended or repealed by the board. The commissioner of administration
80.18may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of
80.19authority in this act.
80.20 Sec. 13. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
80.21PRESSURE PIPING SYSTEMS.
80.22 The governor must complete the appointments required by Minnesota Statutes,
80.23section 326.471, no later than July 1, 2007. The commissioner of labor and industry
80.24shall convene the first meeting of the Board of High Pressure Piping Systems no later
80.25than September 1, 2007.
80.28 Section 1. Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read:
80.29 Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby
80.30created the Iron Range Resources and Rehabilitation Board, consisting of13 ten members,
80.31five of whom are state senators appointed by the Subcommittee on Committees of the
80.32Rules Committee of the senate, and five of whom are representatives, appointed by the
80.33speaker of the house of representatives.The remaining members shall be appointed one
81.1each by the senate majority leader, the speaker of the house of representatives, and the
81.2governor and must be nonlegislators who reside in a taconite assistance area as defined in
81.3section
273.1341. The members shall be appointed in January of every odd-numbered
81.4year, except that the initial nonlegislator members shall be appointed by July 1, 1999, and
81.5shall serve until January of the next odd-numbered year. Vacancies on the board shall be
81.6filled in the same manner as the original members were chosen. At least a majority of
81.7the legislative members of the board shall be elected from state senatorial or legislative
81.8districts in which over 50 percent of the residents reside within a taconite assistance area
81.9as defined in section273.1341 . All expenditures and projects made by the commissioner
81.10of Iron Range resources and rehabilitation shall be consistent with the priorities
81.11established in subdivision 8 and shall first be submitted to the Iron Range Resources and
81.12Rehabilitation Board for approval by a majority of the board of expenditures and projects
81.13for rehabilitation purposes as provided by this section, and the method, manner, and time
81.14of payment of all funds proposed to be disbursed shall be first approved or disapproved by
81.15the board. The board shall biennially make its report to the governor and the legislature on
81.16or before November 15 of each even-numbered year. The expenses of the board shall be
81.17paid by the state from the funds raised pursuant to this section.
81.18 Sec. 2. Minnesota Statutes 2006, section 298.227, is amended to read:
81.19298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
81.20 An amount equal to that distributed pursuant to each taconite producer's taxable
81.21production and qualifying sales under section298.28, subdivision 9a , shall be held by
81.22the Iron Range Resources and Rehabilitation Board in a separate taconite economic
81.23development fund for each taconite and direct reduced ore producer. Money from the
81.24fund for each producer shall be released by the commissioner after review by a joint
81.25committee consisting of an equal number of representatives of the salaried employees and
81.26the nonsalaried production and maintenance employees of that producer. The District 11
81.27director of the United States Steelworkers of America, on advice of each local employee
81.28president, shall select the employee members. In nonorganized operations, the employee
81.29committee shall be elected by the nonsalaried production and maintenance employees.
81.30The review must be completed no later than six months after the producer presents a
81.31proposal for expenditure of the funds to the committee. The funds held pursuant to this
81.32section may be released only for acquisition of plant and stationary mining equipment
81.33and facilities for the producer or for research and development in Minnesota on new
81.34mining, or taconite, iron, or steel production technology, but only if the producer provides
81.35a matching expenditure to be used for the same purpose of at least 50 percent of the
82.1distribution based on14.7 cents per ton beginning with distributions in 2002. Effective for
82.2proposals for expenditures of money from the fund approved beginning the day following
82.3final enactment, the commissioner may release the funds only if the proposed expenditure
82.4is approved by a majority of the members of the Iron Range Resources and Rehabilitation
82.5Board. If a producer uses money which has been released from the fund prior to the day
82.6following final enactment to procure haulage trucks, mobile equipment, or mining shovels,
82.7and the producer removes the piece of equipment from the taconite tax relief area defined
82.8in section273.134 within ten years from the date of receipt of the money from the fund,
82.9a portion of the money granted from the fund must be repaid to the taconite economic
82.10development fund. The portion of the money to be repaid is 100 percent of the grant if the
82.11equipment is removed from the taconite tax relief area within 12 months after receipt of
82.12the money from the fund, declining by ten percent for each of the subsequent nine years
82.13during which the equipment remains within the taconite tax relief area. If a taconite
82.14production facility is sold after operations at the facility had ceased, any money remaining
82.15in the fund for the former producer may be released to the purchaser of the facility on
82.16the terms otherwise applicable to the former producer under this section. If a producer
82.17fails to provide matching funds for a proposed expenditure within six months after the
82.18commissioner approves release of the funds, the funds are available for release to another
82.19producer in proportion to the distribution provided and under the conditions of this section.
82.20Any portion of the fund which is not released by the commissioner within two years of its
82.21deposit in the fund shall be divided between the taconite environmental protection fund
82.22created in section298.223 and the Douglas J. Johnson economic protection trust fund
82.23created in section298.292 for placement in their respective special accounts. Two-thirds
82.24of the unreleased funds shall be distributed to the taconite environmental protection fund
82.25and one-third to the Douglas J. Johnson economic protection trust fund.
82.26EFFECTIVE DATE.This section is effective for proposals for expenditures of
82.27money from the fund the day following final enactment.
82.28 Sec. 3. APPROPRIATION; IRON RANGE RESOURCES AND
82.29REHABILITATION BOARD.
82.30 (a) $500,000 is appropriated from the Iron Range Resources and Rehabilitation
82.31Board fund for fiscal year 2008 for allocation in this section:
82.32 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
82.33infrastructure to a peat project in Spencer Township in Aitkin County;
83.1 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
83.2Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
83.3endowment for the preservation;
83.4 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
83.5organization to employ youth for the construction of community centers; and
83.6 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
83.7construction.
83.8 (b) $120,000 is appropriated from the general fund for payment to the city of Eveleth
83.9to be used for the support of the Hockey Hall of Fame Museum provided that it continues
83.10to operate in the city, which payment is in addition to and must not be used to supplant
83.11funding under section 298.28, subdivision 9c.
83.12 These are onetime appropriations.
83.13 Sec. 4. IRRRB BUILDING.
83.14 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
83.15Minnesota is designated and named the Joe Begich Building and shall be signed as such
83.16at every entrance.
83.19 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
83.20 Subd. 6g. Personal direct supervision.The term "personal "Direct supervision"
83.21meansthat a person licensed to perform electrical work oversees and directs the electrical
83.22work performed by an unlicensed person such that:
83.23 (1)the licensed person actually reviews the electrical work performed by the
83.24unlicensed person an unlicensed individual is being supervised by an individual licensed
83.25to perform the electrical work being supervised;
83.26 (2) during the entire working day of the unlicensed individual, the licensed
83.27individual is physically present at the location where the unlicensed individual is
83.28preforming electrical work and immediately available to the unlicensed individual;
83.29 (3) the licensedperson individual is physically present and immediately available to
83.30the unlicensedperson individual at all times for assistance and direction; and
83.31 (4) electronic supervision does not meet the requirement of physically present and
83.32immediately available;
83.33 (5) the licensed individual shall review the electrical work performed by the
83.34unlicensed individual before the electrical work is operated; and
84.1(3) (6) the licensed person individual is able to and does determine that all electrical
84.2work performed by the unlicensedperson individual is performed in compliance with
84.3section326.243 .
84.4 The licensedperson individual is responsible for the compliance with section
84.5326.243
of all electrical work performed by the unlicensed person individual.
84.6 Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read:
84.7 Subdivision 1. Composition. (a) The Board of Electricity shall consist of11 12
84.8members, residents of the state, appointed by the governorof whom and confirmed by
84.9the senate. The commissioner of labor and industry or the commissioner's designee shall
84.10be a nonvoting member. The first appointed board members shall serve an initial term
84.11of four years, except where designated otherwise. The governor shall then reappoint the
84.12current members or appoint replacement members, all or in part, to subsequent three-year
84.13terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
84.14occurring with less than six months time remaining in the term shall be filled for the
84.15existing term and the following three-year term. Of the 11 appointed members, the
84.16composition shall be as follows:
84.17 (1) two shall be representatives of the electrical suppliers in the rural areas of the
84.18state,
84.19 (2) two shall be master electricians, who shall be contractors,
84.20 (3) two journeyman electricians,
84.21 (4) one registered consulting electrical engineer,
84.22 (5) two power limited technicians, who shall be technology system contractors
84.23primarily engaged in the business of installing technology circuits or systems, and
84.24 (6) two public members as defined by section214.02 .
84.25 (b) Except as provided herein, membership terms, compensation of members,
84.26removal of members, the filling of membership vacancies, and fiscal year and reporting
84.27requirements shall be as provided in sections214.07 to
214.09 . The provision of staff,
84.28administrative services and office space; the review and processing of complaints; the
84.29setting of board fees; and other provisions relating to board operations shall be as provided
84.30in chapter 214.
84.31 Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
84.32 Subd. 2. Powers. (a) The board, or the complaint committee on behalf of the board
84.33where authorized by law, shall have power to:
84.34 (1) Elect its own officers.
85.1(2) Engage and fix the compensation of inspectors, and hire employees. The salary
85.2of the executive secretary shall be established pursuant to chapter 43A. All agents and
85.3employees other than contract inspectors shall be in the classified service and shall be
85.4compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or
85.5journeyman electricians under section
326.242, subdivision 1(1) or 2(1), and shall give
85.6bond in an amount fixed by the board, conditioned upon the faithful performance of
85.7their duties.
85.8(3) (2) Pay such other expenses as it may deem necessary in the performance of its
85.9duties, including rent, supplies, and such like.
85.10 (3) Select from its members individuals to serve on any other state advisory councils,
85.11boards, or committees.
85.12 (4) Enforce the provisions of sections326.241 to
326.248 , and provide, upon
85.13request, such additional voluntary inspections and reviews as it may deem appropriate.
85.14 (5)Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
85.15censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
85.16relief and civil penalties in court as authorized by section
326.242 and other provisions of
85.17Minnesota law. Establish the committees required herein and any others deemed necessary
85.18by the board or requested by the commissioner.
85.19 (6) Adopt reasonable rules to carry out its duties under sections326.241 to
326.248
85.20and to provide for the amount and collection of fees for inspection and other services. All
85.21rules shall be adopted in accordance with chapter 14.
85.22 (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as
85.23requested by the commissioner.
85.24 (b) Except for the powers granted to the Electricity Board the commissioner of labor
85.25and industry shall administer the provisions of sections 326.241 to 326.248 and for such
85.26purposes may employ electrical inspectors and other assistants.
85.27 Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
85.28 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no
85.29person shall install, alter, repair, plan, lay out, or supervise the installing, altering, or
85.30repairing of electrical wiring, apparatus, or equipment for technology circuits or systems
85.31unless:
85.32 (1) the person is licensed by the board as a power limited technician; and
85.33 (2) the electrical work is:
85.34 (i) for a licensed contractor and the person is an employee, partner, or officer of,
85.35or is the licensed contractor; or
86.1 (ii) performed under the supervision of a master electrician or power limited
86.2technician also employed by the person's employer on technology circuits, systems,
86.3apparatus, equipment, or facilities owned or leased by the employer that are located within
86.4the limits of property owned or leased, operated, and maintained by the employer.
86.5 (b) An applicant for a power limited technician's license shall (1) be a graduate of a
86.6four-year electrical course in an accredited college or university; or (2) have had at least 36
86.7months' experience, acceptable to the board, in planning for, laying out, supervising, and
86.8installing wiring, apparatus, or equipment for power limited systems, provided however,
86.9that the board may by rule provide for the allowance of up to 12 months (2,000 hours)
86.10of experience credit for successful completion of a two-year post high school electrical
86.11course or other technical training approved by the board.
86.12 (c) The board may initially set experience requirements without rulemaking, but
86.13must adopt rules before July 1, 2004.
86.14 (d) Licensees must attain eight hours of continuing education acceptable to the
86.15board every renewal period.
86.16 (e) A person who has submitted an application by June 30, 2003, to take the alarm
86.17and communications examination administered by the board, and who has achieved a
86.18minimal score of 70 percent on the examination by September 30, 2003, may obtain a
86.19power limited technician license without further examination by submitting an application
86.20and a license fee of $30.
86.21 (f) A company holding an alarm and communication license as of June 30, 2003,
86.22may designate one person who may obtain a power limited technician license without
86.23passing an examination administered by the board by submitting an application and
86.24license fee of $30.
86.25 (g) A person who has submitted an application bySeptember 30, 2005 December
86.2631, 2007, to take the power limited technician examination administered by theboard
86.27department is not required to meet the qualifications set forth in paragraph (b).
86.28EFFECTIVE DATE.This section is effective the day following final enactment.
86.29 Sec. 5. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
86.30 Subd. 5. Unlicensedpersons individuals. (a) An unlicensed person individual
86.31means an individual who has not been licensed by the Board of Electricity as a Class A
86.32master electrician or as a Class A journeyman electrician. An unlicensed individual shall
86.33not perform electrical work required to be performed by a licensed individual unless the
86.34individual has first registered with the Board of Electricity as an unlicensed individual.
86.35Thereafter, an unlicensed individual shall not perform electrical work required to be
87.1performed by a licensed individual unless the work is performed under thepersonal direct
87.2supervision ofa person an individual actually licensed to perform such work and. The
87.3licensedelectrician individual and unlicensed persons are individual must be employed
87.4by the same employer. Licensedpersons individuals shall not permit unlicensed persons
87.5individuals to perform electrical work except under thepersonal direct supervision of
87.6a person an individual actually licensed to perform such work. Unlicensed persons
87.7individuals shall not supervise the performance of electrical work or make assignments
87.8of electrical work to unlicensedpersons individuals. Except for technology circuit or
87.9system work, licensedpersons individuals shall supervise no more than two unlicensed
87.10persons individuals. For technology circuit or system work, licensed persons individuals
87.11shall supervise no more than three unlicensedpersons individuals.
87.12 (b) Notwithstanding any other provision of this section, noperson individual other
87.13than a master electrician or power limited technician shall plan or lay out electrical wiring,
87.14apparatus, or equipment for light, heat, power, or other purposes, except circuits or
87.15systems exempted from personal licensing by subdivision 12, paragraph (b).
87.16 (c) Contractors employing unlicensedpersons performing individuals to perform
87.17electrical work shall maintain records establishing compliance with this subdivision,
87.18which that shall designate identify all unlicensed persons individuals performing electrical
87.19work, except for persons working on circuits or systems exempted from personal licensing
87.20by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
87.21records as provided for in section326.244, subdivision 6 .
87.22 (d) When a licensed individual supervises the electrical work of an unlicensed
87.23individual, the licensed individual is responsible for ensuring that the electrical work
87.24complies with sections 326.241 to 326.248 and rules adopted.
87.25 Sec. 6. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
87.26to read:
87.27 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
87.28performing electrical work for a contractor or employer shall register with the department
87.29in the manner prescribed by the commissioner. Experience credit for electrical work
87.30performed after January 1, 2008, by an applicant for a license identified in this section
87.31shall not be granted where the applicant has not registered with or is not licensed by
87.32the department.
87.33 Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
88.1 Subd. 11. Reciprocity.To the extent that any other state which provides for the
88.2licensing of electricians provides for similar action the board may grant licenses, without
88.3examination, of the same grade and class to an electrician who has been licensed by such
88.4other state for at least one year, upon payment by the applicant of the required fee and
88.5upon the board being furnished with proof that the required fee and upon the board being
88.6furnished with proof that the qualifications of the applicant are equal to the qualifications
88.7of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
88.8agreements for personal licenses with another state if approved by the board. Once
88.9approved by the board, the commissioner may issue a personal license without requiring
88.10the applicant to pass an examination provided the applicant:
88.11 (a) submits an application under section 326.242;
88.12 (b) pays the fee required under section 326.242; and
88.13 (c) holds a valid comparable license in the state participating in the agreement.
88.14 Agreements are subject to the following:
88.15 (1) The parties to the agreement must administer a statewide licensing program that
88.16includes examination and qualifying experience or training comparable to Minnesota's.
88.17 (2) The experience and training requirements under which an individual applicant
88.18qualified for examination in the qualifying state must be deemed equal to or greater than
88.19required for an applicant making application in Minnesota at the time the applicant
88.20acquired the license in the qualifying state.
88.21 (3) The applicant must have acquired the license in the qualifying state through an
88.22examination deemed equivalent to the same class of license examination in Minnesota.
88.23A lesser class of license may be granted where the applicant has acquired a greater
88.24class of license in the qualifying state and the applicant otherwise meets the conditions
88.25of this subdivision.
88.26 (4) At the time of application, the applicant must hold a valid license in the
88.27qualifying state and have held the license continuously for at least one year before making
88.28application in Minnesota.
88.29 (5) An applicant is not eligible for a license under this subdivision if the applicant
88.30has failed the same or greater class of license examination in Minnesota, or if the
88.31applicant's license of the same or greater class has been revoked or suspended.
88.32 (6) An applicant who has failed to renew a personal license for two years or more
88.33after its expiration is not eligible for a license under this subdivision.
88.34 Sec. 8. REPEALER.
89.1Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision
89.24, are repealed.
89.3EFFECTIVE DATE.This section is effective the day following final enactment.
89.6 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
89.7178.01 PURPOSES.
89.8 The purposes of this chapter are: to open to young people regardless of race, sex,
89.9creed, color or national origin, the opportunity to obtain training that will equip them for
89.10profitable employment and citizenship; to establish as a means to this end, a program
89.11of voluntary apprenticeship under approved apprentice agreements providing facilities
89.12for their training and guidance in the arts, skills, and crafts of industry and trade, with
89.13concurrent, supplementary instruction in related subjects; to promote employment
89.14opportunities under conditions providing adequate training and reasonable earnings;
89.15to relate the supply of skilled workers to employment demands; to establish standards
89.16for apprentice training; to establish an ApprenticeshipAdvisory Council Board and
89.17apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
89.18for a Division of Labor Standards and Apprenticeship within the Department of Labor
89.19and Industry; to provide for reports to the legislature regarding the status of apprentice
89.20training in the state; to establish a procedure for the determination of apprentice agreement
89.21controversies; and to accomplish related ends.
89.22 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
89.23178.02 APPRENTICESHIPADVISORY COUNCIL BOARD.
89.24 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
89.25called the commissioner, shall appoint an ApprenticeshipAdvisory Council Board,
89.26hereinafter referred to as thecouncil board, composed of three representatives each from
89.27employer and employee organizations, and two representatives of the general public. The
89.28director of education responsible for career and technical education or designee shall be an
89.29ex officio member of thecouncil board and shall serve in an advisory capacity only.
89.30 Subd. 2. Terms. Thecouncil board shall expire and the terms, compensation, and
89.31removal of appointed members shall be as provided in section15.059 , except that the
89.32council shall not expire before June 30, 2003.
90.1 Subd. 4. Duties. Thecouncil board shall meet at the call of the commissioner. It
90.2shall propose occupational classifications for apprenticeship programs; propose minimum
90.3standards for apprenticeship programs and agreements; and advise on the establishment
90.4of such policies, procedures, and rules as thecommissioner board deems necessary in
90.5implementing the intent of this chapter.
90.6 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
90.7 Subd. 3. Duties and functions. The director, under the supervision of the
90.8commissioner, and with the advice and oversight of the ApprenticeshipAdvisory
90.9Council Board, is authorized: to administer the provisions of this chapter; to promote
90.10apprenticeship and other forms of on the job training; to establish, in cooperation and
90.11consultation with the ApprenticeshipAdvisory Council Board and with the apprenticeship
90.12committees, conditions and training standards for the approval of apprenticeship programs
90.13and agreements, which conditions and standards shall in no case be lower than those
90.14prescribed by this chapter; to promote equal employment opportunity in apprenticeship
90.15and other on the job training and to establish a Minnesota plan for equal employment
90.16opportunity in apprenticeship which shall be consistent with standards established
90.17under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
90.18registration to sponsors of approved apprenticeship programs; to act as secretary of the
90.19ApprenticeshipAdvisory Council Board; to approve, if of the opinion that approval is
90.20for the best interest of the apprentice, any apprenticeship agreement which meets the
90.21standards established hereunder; to terminate any apprenticeship agreement in accordance
90.22with the provisions of such agreement; to keep a record of apprenticeship agreements and
90.23their disposition; to issue certificates of completion of apprenticeship; and to perform
90.24such other duties as the commissioner deems necessary to carry out the intent of this
90.25chapter; provided, that the administration and supervision of supplementary instruction in
90.26related subjects for apprentices; coordination of instruction on a concurrent basis with
90.27job experiences, and the selection and training of teachers and coordinators for such
90.28instruction shall be the function of state and local boards responsible for vocational
90.29education. The director shall have the authority to make wage determinations applicable
90.30to the graduated schedule of wages and journeyman wage rate for apprenticeship
90.31agreements, giving consideration to the existing wage rates prevailing throughout the
90.32state, except that no wage determination by the director shall alter an existing wage
90.33provision for apprentices or journeymen that is contained in a bargaining agreement in
90.34effect between an employer and an organization of employees, nor shall the director
91.1make any determination for the beginning rate for an apprentice that is below the wage
91.2minimum established by federal or state law.
91.3 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
91.4 Subdivision 1. Rules. The commissioner may, upon receipt of thecouncil's board's
91.5proposals, accept, adopt, and issue them by rule with any modifications or amendments
91.6the commissioner finds appropriate. The commissioner may refer them back to the
91.7council board with recommendations for further study, consideration and revision. If
91.8the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
91.9a board proposal, the commissioner must provide a written explanation of the reason
91.10for the refusal to the board within 30 days after the board submitted the proposal to the
91.11commissioner. Additional rules may be issued as the commissioner may deem necessary.
91.15 The amounts shown in this section summarize direct appropriations by fund made
91.16in this article.
91.21 The sums shown in the columns marked "Appropriations" are appropriated to the
91.22agencies and for the purposes specified in this article. The appropriations are from the
91.23general fund, or another named fund, and are available for the fiscal years indicated
91.24for each purpose. The figures "2008" and "2009" used in this article mean that the
91.25appropriations listed under them are available for the fiscal year ending June 30, 2008, or
91.26June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
91.27year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
91.28year ending June 30, 2007, are effective the day following final enactment.
92.1(a) To develop maximum private sector
92.2involvement in tourism, $1,000,000 the first
92.3year and $2,000,000 the second year must
92.4be matched by Explore Minnesota Tourism
92.5from nonstate sources. Each $1 of state
92.6incentive must be matched with $3 of private
92.7sector funding. Cash match is defined as
92.8revenue to the state or documented cash
92.9expenditures directly expended to support
92.10Explore Minnesota Tourism programs. Up
92.11to one-half of the private sector contribution
92.12may be in-kind or soft match. The incentive
92.13in the first year shall be based on fiscal
92.14year 2007 private sector contributions as
92.15prescribed in Laws 2005, First Special
92.16Session chapter 1, article 3, section 6. The
92.17incentive increase in the second year will
92.18be based on fiscal year 2008 private sector
92.19contributions. This incentive is ongoing.
92.20(b) Funding for the marketing grants is
92.21available either year of the biennium.
92.22Unexpended grant funds from the first year
92.23are available in the second year.
92.24(c) Any unexpended money from the general
92.25fund appropriations made under this section
92.26does not cancel but must be placed in a
92.27special marketing account for use by Explore
92.28Minnesota Tourism for additional marketing
92.29activities.
92.30(d) $250,000 the first year and $250,000
92.31the second year are for operating costs of
92.32the Minnesota Film and TV Board. The
92.33appropriation in each year is available
92.34only upon receipt by the board of $1 in
92.35matching contributions of money or in-kind
93.1contributions from nonstate sources for every
93.2$3 provided by this appropriation.
93.3(e) $750,000 is appropriated each year for a
93.4grant to the Minnesota Film and TV Board
93.5for the film jobs production program under
93.6Minnesota Statutes, section 116U.26. Of
93.7this amount, up to $25,000 each year may
93.8be used for administration. The budget base
93.9for the film jobs production program shall be
93.10$500,000 in fiscal year 2010 and $500,000 in
93.11fiscal year 2011.
93.12(f) $150,000 the first year is for a onetime
93.13grant to St. Louis County to be used for
93.14feasibility studies and planning activities
93.15concerning additional uses for the St. Louis
93.16County Heritage and Arts Center at the
93.17Duluth depot. The studies and planning
93.18activities must include:
93.19(1) examining the costs and benefits of
93.20relocating the Northeast Minnesota Office of
93.21Tourism to the Duluth depot;
93.22(2) establishing a heritage tourism center at
93.23the Duluth depot;
93.24(3) developing a multimodal operational plan
93.25integrating railroad and bus service; and
93.26(4) identifying additional services and
93.27activities that would contribute toward
93.28returning the Duluth depot to being a
93.29working railroad station and cultural gateway
93.30to Duluth and St. Louis County.
93.31This appropriation is available until June 30,
93.322009.
94.2The amounts that may be spent for each
94.3purpose are specified in the following
94.4subdivisions.
94.5$500,000 the first year and $500,000 the
94.6second year are for increased rent costs. This
94.7amount is added to the society's base budget.
94.9(a) Of this amount, $1,700,000 the first year
94.10is a onetime appropriation for the Minnesota
94.11Sesquicentennial Commission. Of this
94.12appropriation, $750,000 is for competitive
94.13matching grants for local events and projects;
94.14$750,000 is for planning and support of
94.15statewide activities, and up to $200,000 may
94.16be used for administration.
94.17The Minnesota Historical Society, the State
94.18Arts Board, and Explore Minnesota Tourism
94.19may assist the commission in designing and
94.20implementing the grants program.
94.21The commission shall encourage private
94.22contributions to match the state funds to
94.23the greatest extent possible. Contributions
94.24received by the commission are appropriated
94.25to the commission.
94.26(b) $1,500,000 the first year is for a
94.27grant-in-aid program for county and local
94.28historical societies. The Minnesota Historical
94.29Society shall establish program guidelines
94.30and grant evaluation and award criteria for
94.31the program. Each dollar of state funds
94.32awarded to a grantee must be matched with
94.33nonstate funds on a dollar-for-dollar basis by
95.1a grantee. This is a onetime appropriation
95.2and is available until expended.
95.3(c) $500,000 the first year is for a grant-in-aid
95.4program for county and local historical
95.5societies for the repair, restoration, and
95.6preservation of historic sites and buildings
95.7in Minnesota. The Minnesota Historical
95.8Society shall establish program guidelines
95.9and grant evaluation and award criteria for
95.10the program. This is a onetime appropriation
95.11and is available until expended.
95.12(d) $60,000 each year is to offset the revenue
95.13loss from not charging fees for general tours
95.14at the Capitol. This appropriation is added to
95.15the society's base budget.
95.16(e) Notwithstanding Minnesota Statutes,
95.17section 138.668, the Minnesota Historical
95.18Society may not charge a fee for its general
95.19tours at the Capitol, but may charge fees for
95.20special programs other than general tours.
95.22$500,000 the first year is to conduct a
95.23conservation survey and for restoration,
95.24treatment, moving, and storage of the 1905
95.25historic furnishings and works of art in the
95.26Minnesota State Capitol. This is a onetime
95.27appropriation and is available until June 30,
95.282009.
95.29$308,000 the first year is for the preservation
95.30of battle flags. This is a onetime appropriation
95.31and is available until June 30, 2009.
96.4Any unencumbered balance remaining in
96.5this subdivision the first year does not cancel
96.6but is available for the second year of the
96.7biennium.
96.8$150,000 the first year is for a onetime
96.9grant to the Nicollet County Historical
96.10Society for renovation of the center exhibit
96.11gallery in the Treaty Site History Center
96.12in St. Peter, including additions to the
96.13center's infrastructure and state-of-the-art
96.14interpretive elements. This appropriation is
96.15available until the project is completed or
96.16abandoned, subject to Minnesota Statutes,
96.17section 16A.642.
96.18$200,000 the first year is for a grant to
96.19the Hmong Studies Center at Concordia
96.20University in St. Paul, Minnesota, to be
96.21used for preservation of Hmong historical
96.22artifacts and documents. Any part of the
96.23appropriation not used in fiscal year 2008 is
96.24available for use in fiscal year 2009. This is
96.25a onetime appropriation and is available until
96.26expended.
96.28The Minnesota Historical Society may
96.29reallocate funds appropriated in and between
96.30subdivisions 2 and 3 for any program
96.31purposes.
97.1The Minnesota Historical Society in
97.2cooperation with Explore Minnesota Tourism
97.3shall establish and coordinate a Minnesota
97.4River Valley study group. The Minnesota
97.5River Valley study group shall be comprised
97.6of representatives of the Minnesota Valley
97.7Scenic Byway Alliance, the Department
97.8of Natural Resources, the Department
97.9of Transportation, the Minnesota Indian
97.10Affairs Council, the Region 6 West, Region
97.116 East, Region 8 and Region 9 Regional
97.12Development Commissions, the Minnesota
97.13Historical Society, Explore Minnesota
97.14Tourism, State Arts Board, and other
97.15interested parties. The study group must
97.16develop a plan for coordinated activities
97.17among organizations represented on the
97.18study group to enhance and promote historic
97.19sites, and historic, scenic, and natural
97.20features of the Minnesota River Valley
97.21area. Study topics shall include, but are
97.22not limited to, historic sites related to the
97.23Dakota Conflict of 1862 and the state and
97.24local preparations for the sesquicentennial of
97.25this event. The Minnesota Historical Society
97.26and Explore Minnesota Tourism shall report
97.27on the findings and recommendations of
97.28the Minnesota River Valley study group to
97.29the standing committees of the house of
97.30representatives and senate with jurisdiction
97.31over historic sites and tourism by March 1,
97.322008. The Minnesota River Valley study
97.33group shall serve without compensation.
98.1The amounts that may be spent for each
98.2purpose are specified in the following
98.3subdivisions.
98.6The base budget for the grants program
98.7shall be $5,924,000 in fiscal year 2010 and
98.8$5,924,000 in fiscal year 2011.
98.10The base budget for the regional arts councils
98.11shall be $2,539,000 in fiscal year 2010 and
98.12$2,539,000 in fiscal year 2011.
98.15Of this amount, ten percent each year is
98.16for lifelong learning programs in greater
98.17Minnesota communities that do not
98.18receive financial support from other large
98.19educational institutions. The base budget
98.20for the Minnesota Humanities Commission
98.21is $500,000 each year in the 2010-2011
98.22biennium.
98.23 Sec. 7. Minnesota Statutes 2006, section 190.096, is amended to read:
98.24190.096 BATTLE FLAGS; REPAIR.
98.25 Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
98.26Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
98.27Society may contract for the repair, restoration, and preservation of regimental battle flags,
98.28standards, and guidons with persons or corporations skilled in such repair, restoration, and
98.29preservation, upon terms or conditions the adjutant general or the Minnesota Historical
98.30Society deems proper, subject to the approval of the commissioner of administration.
98.31 Subd. 2. Surrender. Notwithstanding the provisions of this section or section
98.32190.09
, the adjutant general or the Minnesota Historical Society may, for the purposes
98.33of this section, surrender the immediate custody and control of regimental battle flags,
99.1standards, and guidons under conditions and safeguards the adjutant general or the
99.2Minnesota Historical Society deems necessary and proper, for such time as is reasonably
99.3necessary for their restoration, after which they shall at once be again properly stored
99.4or displayed. The adjutant general or the Minnesota Historical Society shall provide
99.5adequate storage and display space for flags, standards, and guidons which have been
99.6repaired and restored.
99.7 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
99.8Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
99.9preserved under the care and control of the Minnesota Historical Society. They shall be
99.10suitably encased and marked, and, so far as the historical society may deem it consistent
99.11with the safety of the flags and colors, they shall be publicly displayed in the capitol.
99.12 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
99.13preserved under the care and control of the adjutant general. They shall be suitably
99.14encased and marked, and, so far as the adjutant general may deem it consistent with the
99.15safety of the flags and colors, shall be publicly displayed.
99.19 The amounts shown in this section summarize direct appropriations, by fund, made
99.20in this article.
99.26 The sums shown in the columns marked "Appropriations" are appropriated to the
99.27agencies and for the purposes specified. The appropriations are from the general fund, or
99.28another named fund, and are available for the fiscal years indicated for each purpose. The
99.29figures "2008" and "2009" used in this act mean that the appropriations listed under them
99.30are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
99.31first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is
99.32fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are
99.33effective the day following final enactment.
100.11This appropriation is for transfer to the
100.12housing development fund. The amounts
100.13that may be spent from this appropriation
100.14for certain programs are specified in the
100.15following subdivisions. Except as otherwise
100.16indicated, this transfer is part of the agency's
100.17permanent budget base.
100.18Of this amount, $3,075,000 the first year
100.19and $3,075,000 the second year are onetime
100.20appropriations from the state's federal TANF
100.21block grant under Title I of Public Law
100.22Number 104-193 to the commissioner of
100.23human services, to reimburse the housing
100.24development fund for assistance under
100.25the programs for families receiving TANF
100.26assistance under the MFIP program. The
100.27commissioner of human services shall make
100.28monthly reimbursements to the housing
100.29development fund. The commissioner
100.30of human services shall not make any
100.31reimbursement which the commissioner
100.32determines would be subject to a penalty
100.33under Code of Federal Regulations, section
100.34262.1. If the appropriation in either year is
101.1insufficient, the appropriation for the other
101.2year is available.
101.5$21,308,000 the first year and $9,622,000
101.6the second year are for the economic
101.7development and housing challenge program
101.8under Minnesota Statutes, section 462A.33,
101.9for housing that:
101.10(1) conserves energy and utilizes sustainable,
101.11healthy building materials;
101.12(2) preserves sensitive natural areas and
101.13open spaces and minimizes the need for new
101.14infrastructure;
101.15(3) is accessible to jobs and services through
101.16integration with transportation or transit
101.17systems; and
101.18(4) expands the mix of housing choices in
101.19a community by diversifying the levels of
101.20housing affordability.
101.21The agency may fund demonstration projects
101.22that have unique approaches to achieving the
101.23housing described above.
101.25$15,195,000 the first year and $11,945,000
101.26the second year are for the housing trust fund
101.27account created under Minnesota Statutes,
101.28section 462A.201, for the purposes of that
101.29section. Of this amount, $1,500,000 the first
101.30year and $1,500,000 in the second year is a
101.31onetime appropriation from the state's federal
101.32TANF block grant. The general fund base
101.33is reduced by $1,890,000 each year in fiscal
101.34year 2010 and fiscal year 2011.
102.3$3,400,000 the first year and $3,400,000
102.4the second year are for a rental housing
102.5assistance program for persons with a mental
102.6illness or families with an adult member with
102.7a mental illness under Minnesota Statutes,
102.8section 462A.2097.
102.10$7,565,000 the first year and $7,565,000
102.11the second year are for family homeless
102.12prevention and assistance programs under
102.13Minnesota Statutes, section 462A.204. Of
102.14this amount, $1,575,000 in the first year and
102.15$1,575,000 in the second year is a onetime
102.16appropriation from the state's federal TANF
102.17block grant. The general fund base in fiscal
102.18year 2010 and fiscal year 2011 is $7,465,000
102.19each year.
102.21$1,885,000 the first year and $1,885,000
102.22the second year are for the home ownership
102.23assistance program under Minnesota
102.24Statutes, section 462A.21, subdivision 8.
102.25The base is reduced by $1,000,000 each year
102.26in fiscal year 2010 and fiscal year 2011.
102.28$11,496,000 the first year and $8,996,000
102.29the second year are for the affordable rental
102.30investment fund program under Minnesota
102.31Statutes, section 462A.21, subdivision 8b.
102.32Of this amount, $2,500,000 the first year is a
102.33onetime appropriation.
103.1This appropriation is to finance the
103.2acquisition, rehabilitation, and debt
103.3restructuring of federally assisted rental
103.4property and for making equity take-out loans
103.5under Minnesota Statutes, section 462A.05,
103.6subdivision 39. The owner of the federally
103.7assisted rental property must agree to
103.8participate in the applicable federally assisted
103.9housing program and to extend any existing
103.10low-income affordability restrictions on the
103.11housing for the maximum term permitted.
103.12The owner must also enter into an agreement
103.13that gives local units of government,
103.14housing and redevelopment authorities,
103.15and nonprofit housing organizations the
103.16right of first refusal if the rental property
103.17is offered for sale. Priority must be given
103.18among comparable federally assisted rental
103.19properties to properties with the longest
103.20remaining term under an agreement for
103.21federal rental assistance. Priority must also
103.22be given among comparable rental housing
103.23developments to developments that are or
103.24will be owned by local government units, a
103.25housing and redevelopment authority, or a
103.26nonprofit housing organization.
103.27This appropriation may also be used to
103.28finance the acquisition, rehabilitation, and
103.29debt restructuring of existing supportive
103.30housing properties. For purposes of this
103.31subdivision, "supportive housing" means
103.32affordable rental housing with links to
103.33services necessary for individuals, youth, and
103.34families with children to maintain housing
103.35stability.
104.1Of this amount, $2,500,000 is appropriated
104.2for the purposes of financing the
104.3rehabilitation and operating costs to preserve
104.4public housing. For purposes of this
104.5subdivision, "public housing" is housing for
104.6low-income persons and households financed
104.7by the federal government and owned and
104.8operated by public housing authorities and
104.9agencies. Eligible public housing authorities
104.10must have a public housing assessment
104.11system rating of standard or above. Priority
104.12among comparable proposals must be given
104.13to proposals that maximize federal or local
104.14resources to finance the capital and operating
104.15costs.
104.18$5,657,000 the first year and $4,287,000 the
104.19second year are for the housing rehabilitation
104.20and accessibility program under Minnesota
104.21Statutes, section 462A.05, subdivisions 14a
104.22and 15a.
104.24$187,000 the first year and $187,000 the
104.25second year are for the urban Indian housing
104.26program under Minnesota Statutes, section
104.27462A.07, subdivision 15. The base is
104.28reduced by $7,000 each year in fiscal year
104.292010 and fiscal year 2011.
104.31$1,683,000 the first year and $1,683,000
104.32the second year are for the tribal Indian
104.33housing program under Minnesota Statutes,
104.34section 462A.07, subdivision 14. The base is
105.1reduced by $468,000 each year in fiscal year
105.22010 and fiscal year 2011.
105.5$2,135,000 the first year and $2,135,000
105.6the second year are appropriated for the
105.7home ownership education, counseling, and
105.8training program under Minnesota Statutes,
105.9section 462A.209. The base is reduced by
105.10$1,270,000 each year in fiscal year 2010 and
105.11fiscal year 2011. Of this amount, $630,000
105.12the first year is for:
105.13(1) foreclosure prevention and assistance
105.14activities in communities that have mortgage
105.15foreclosure rates that exceed the statewide
105.16average foreclosure rate for the most recent
105.17quarter for which data is available; and
105.18(2) home buyer education and counseling
105.19activities by organizations that have
105.20experience working with emerging markets
105.21or partner with organizations with experience
105.22working with emerging markets and that have
105.23demonstrated a commitment to increasing the
105.24homeownership rate of emerging markets.
105.26$820,000 for the biennium is for capacity
105.27building grants under Minnesota Statutes
105.28section 462A.21, subdivision 3b. Of this
105.29amount, $140,000 is for continuum of
105.30care planning in greater Minnesota. This
105.31appropriation is the agency's base budget for
105.32this program.
106.1$50,000 is a onetime appropriation in the
106.2first year for a grant to Hennepin County
106.3for collaboration with the Center for Urban
106.4and Regional Affairs at the University
106.5of Minnesota for the development of a
106.6predictive, data-driven model that can be
106.7used to identify at-risk properties in order to
106.8target resources to prevent foreclosure.
106.9 Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
106.10 Subd. 8b. Family rental housing. It may establish a family rental housing
106.11assistance program to provide loans or direct rental subsidies for housing for families
106.12with incomes of up to 80 percent of state median income, or to provide grants for the
106.13operating cost of public housing. Priority must be given to those developments with
106.14resident families with the lowest income. The development may be financed by the
106.15agency or other public or private lenders. Direct rental subsidies must be administered by
106.16the agency for the benefit of eligible families. Financial assistance provided under this
106.17subdivision to recipients of aid to families with dependent children must be in the form
106.18of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
106.19this subdivision may be made only with specific appropriations by the legislature. The
106.20limitations on eligible mortgagors contained in section462A.03, subdivision 13 , do not
106.21apply to loans for the rehabilitation of existing housing under this subdivision.
106.22 Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
106.23 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
106.24this section must be used for challenge grants or loanswhich meet the requirements of this
106.25subdivision for housing proposals with financial or in-kind contributions from nonstate
106.26resources that reduce the need for deferred loan or grant funds from state resources.These
106.27Challenge grants or loans must be used for economically viable homeownership or rental
106.28housing proposals that:
106.29(1) include a financial or in-kind contribution from an area employer and either a unit
106.30of local government or a private philanthropic, religious, or charitable organization; and
106.31(2) address the housing needs of the local work force.
106.32 Among comparable proposals, preference must be given to proposals that include
106.33contributions from nonstate resources for the greatest portion of the total development
106.34cost. Comparable proposals with contributions from local units of government or private
107.1philanthropic, religious, or charitable organizations must be given preference in awarding
107.2grants or loans.
107.3 For the purpose of this subdivision,an employer a contribution may consist partially
107.4or wholly of the premium paid for federal housing tax credits.
107.5Preference for grants and loans shall also be given to comparable proposals that
107.6include a financial or in-kind contribution from a unit of local government, an area
107.7employer, and a private philanthropic, religious, or charitable organization.
107.8 Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read:
107.9469.021 PREFERENCES.
107.10 As between applicants equally in need and eligible for occupancy of a dwelling
107.11and at the rent involved, preference shall be given to disabled veterans, persons with
107.12disabilities, and families of service persons who died in service and to families of veterans.
107.13In admitting families of low income to dwelling accommodations in any housing project an
107.14authority shall, as far as is reasonably practicable, give consideration to applications from
107.15familiesto which aid for dependent children is payable receiving assistance under chapter
107.16256J, and to resident families to whom public assistance or supplemental security income
107.17for the aged, blind, and disabled is payable, when those families are otherwise eligible.
107.18 Sec. 7. MORTGAGE FORECLOSURE REDUCTION.
107.19 The commissioner of the Minnesota Housing Finance Agency, in consultation
107.20with the commissioner of commerce, the attorney general, the Minnesota Mortgage
107.21Bankers' Association, Legal Services of Minnesota, the Minnesota Mortgage Foreclosure
107.22Prevention Association, and the Minnesota Sheriffs' Association shall evaluate the
107.23provisions of Minnesota Statutes, sections 580.04 and 580.041, to determine if corrective
107.24actions 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 13.7931, by adding a subdivision; 116J.401, by adding
1.7a subdivision; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555,
1.8subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.01, by
1.9adding a subdivision; 116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.20,
1.10subdivision 1; 116L.666, subdivision 1; 116M.18, subdivision 6a; 177.27,
1.11subdivisions 1, 4, 5, 8, 9, 10, by adding a subdivision; 177.28, subdivision 1;
1.12177.30; 177.43, subdivisions 3, 4, 6, by adding a subdivision; 178.01; 178.02;
1.13178.03, subdivision 3; 178.041, subdivision 1; 179A.04, subdivision 3; 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; 154; 177; 179; 181;
1.26181A; 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 |
$ |
101,467,000 |
$ |
66,589,000 |
||
| 3.4 |
Appropriations by Fund |
||
| 3.5 |
2008 |
2009 |
|
| 3.6 |
General |
86,022,000 |
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 |
48,938,000 |
14,372,000 |
||||
| 3.15 |
Appropriations by Fund |
||
| 3.16 |
General |
48,238,000 |
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) $24,880,000 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. This appropriation may
20.1not be carried forward from the first year of
20.2the biennium to the second year.
20.3 Sec. 11. BIOSCIENCE ZONES DESIGNATION.
20.4 The commissioner of employment and economic development must establish a
20.5criteria for expanding the zones. The criteria must limit designating a new zone to a
20.6community that has adequate resources and infrastructure to support bioindustry, including
20.7postsecondary institutions, strong health care systems, and existing bioscience companies.
20.8It must also require that a new zone be located on a transportation corridor.
20.9 Sec. 12. NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM.
20.10 Subdivision 1. Program established; purpose. The nanotechnology
20.11development fund program (NDF) is established to develop a collaborative economic
20.12development initiative between the state of Minnesota, the private sector, and multiple
20.13academic institutions to promote by small businesses an increased use of advanced
20.14nanoinstrumentation for characterization, fabrication, and other related processes;
20.15provide research consulting by knowledgeable specialists; and provide student internship
20.16opportunities to increase nanotechnology experience by working with small, medium, or
20.17large Minnesota companies. The NDF program shall be administered by the Department
20.18of Employment and Economic Development and is not a state agency.
20.19 Subd. 2. Definition; qualifying Minnesota small business. "Qualifying Minnesota
20.20small business" means:
20.21 (1) a Minnesota small business corporation, sole proprietorship, or partnership that
20.22has fewer than 50 employees; or
20.23 (2) a Minnesota business corporation, sole proprietorship, or partnership that:
20.24 (i) has 51 to 100 employees; and
20.25 (ii) demonstrates current financial adversity or risk or a major prospect of aiding
20.26the business's long-term outlook by significant use of nanotechnology in the business's
20.27offerings.
20.28 Subd. 3. Grants. The commissioner shall extend onetime matching grants from the
20.29NDF to qualifying Minnesota small businesses located throughout the state to:
20.30 (1) add nanotechnology applications to products that are being developed by
20.31Minnesota small businesses to enhance distinctiveness;
20.32 (2) promote the depth, breadth, and value of technologies being developed by
20.33Minnesota businesses with the aid of nanotechnology;
21.1 (3) encourage more frequent use of nanoinstrumentation to speed businesses' product
21.2time-to-market, with higher incidence of distinct product characteristics;
21.3 (4) provide Minnesota small businesses with broader access to experienced research
21.4consultants; and
21.5 (5) increase the number of researchers experienced in working with
21.6nanoinstrumentation.
21.7 Subd. 4. Grant application and award procedure. (a) The commissioner may
21.8give priority to applicants:
21.9 (1) whose intellectual property would benefit from utilization of nanoinstrumentation
21.10not possessed in-house;
21.11 (2) who are currently utilizing nanoinstrumentation either at the University of
21.12Minnesota or a private sector location on a leased, hourly basis; and
21.13 (3) who wish to increase their access to experienced research consultants.
21.14 (b) The commissioner shall decide whether to award a grant to an eligible applicant
21.15based on:
21.16 (1) the applicant's planned frequency of usage of nanoinstrumentation for
21.17characterization, fabrication, and other related processes; and
21.18 (2) the applicant's demonstration of rental of nanoinstrumentation, in the form
21.19of a signed affidavit from a certified facility to confirm the one-to-one private sector
21.20investment has been met.
21.21 (c) A grant made under this section must:
21.22 (1) include verification of matching rental fees or internship stipends paid by the
21.23grantee; and
21.24 (2) be for a total amount paid to each grantee of not less than $500 nor more than
21.25$20,000 within the biennium.
21.26 Subd. 5. Administration. The commissioner of employment and economic
21.27development must develop and maintain a record-keeping system that specifies how
21.28funds from the NDF are applied for and distributed. Businesses receiving grants
21.29from the NDF must provide contact information, the date and time of the use of the
21.30nanoinstrumentation, proof of their matching contribution to meet the rental costs or
21.31provide an internship's stipend, and a general statement of the expected outcome from
21.32the use of the nanoinstrumentation, to the extent documentation can be made without
21.33divulging proprietary information.
21.34 Subd. 6. Gifts and donations. Gifts and donations, including land or interests in
21.35land, may be made to NDF. Noncash gifts and donations must be disposed of for cash
22.1as soon as the commissioner of employment and economic development can prudently
22.2maximize the value of the gift or donation.
22.3 Subd. 7. Report to legislature. By June 30 of each odd-numbered year, the
22.4commissioner of employment and economic development must submit a report to the
22.5legislature with statistics about the use of the NDF.
22.6 Sec. 13. WORK GROUP.
22.7 The commissioner of employment and economic development shall convene a work
22.8group to evaluate the impact of the money appropriated for wage incentives and how the
22.9wage incentive program works. The work group is to make recommendations to the
22.10legislature by January 15, 2008.
22.13 Section 1. Minnesota Statutes 2006, section 13.7931, is amended by adding a
22.14subdivision to read:
22.15 Subd. 5. Data from safety and education programs for loggers. The following
22.16data collected from persons who attend safety and education programs or seminars for
22.17loggers established or approved by the commissioner under section 176.130, subdivision
22.1811, is public data:
22.19 (1) the names of the individuals attending the program or seminar;
22.20 (2) the names of each attendee's employer;
22.21 (3) the city where the employer is located;
22.22 (4) the date the program or seminar was held; and
22.23 (5) a description of the seminar or program.
22.24 Sec. 2. Minnesota Statutes 2006, section 116J.401, is amended by adding a subdivision
22.25to read:
22.26 Subd. 4. Use of funds for unemployed worker assistance. Payment of employee
22.27compensation costs from the Wagner-Peyser Act referenced in subdivision 1, clause
22.28(8), must be used to provide direct benefit to unemployed and underemployed workers
22.29through the state's workforce centers. At least 75 percent of the employee compensation
22.30paid from Wagner-Peyser funds must be used for employees at workforce centers who
22.31provide direct assistance to unemployed and underemployed workers and no more than
22.3225 percent may be used for providing hiring and human resource services for employers.
22.33The funds under this section may be used to establish an internet based labor exchange
23.1system. By July 1 of each year, the commissioner must submit a report to the committees
23.2of the legislature responsible for oversight of unemployment insurance with details on
23.3the use of Wagner-Peyser funds, including the number of employee positions funded, the
23.4location of the employees, and the use of funds for internet labor exchange system and
23.5other business assistance.
23.6 Sec. 3. [116J.417] GREATER MINNESOTA BUSINESS DEVELOPMENT
23.7INVESTMENT FUND.
23.8 Subdivision 1. Eligible organization. For the purposes of this section, "eligible
23.9organization" means an organization established pursuant to section 116J.415 which
23.10provides business financing to greater Minnesota businesses.
23.11 Subd. 2. Investment fund establishment. The commissioner shall establish an
23.12investment fund from which fund investments can be made in eligible organizations. The
23.13funds repaid by the eligible organizations are to be returned to the fund for subsequent
23.14reinvestment in eligible organizations.
23.15 Subd. 3. Authorized investments. The commissioner is authorized to make
23.16investments in eligible organizations. The commissioner shall invest funds in the form of
23.17loans to eligible organizations for the purpose of providing capital to new and expanding
23.18businesses in the form of debt or equity, or both.
23.19 Subd. 4. Investment authorized. The commissioner may make investments in
23.20eligible organizations under the following terms:
23.21 (1) the organization seeking an investment of funds must guarantee repayment of not
23.22less than 100 percent of the funds invested in the eligible organization;
23.23 (2) the investments are to be made in the form of a loan to the eligible organization
23.24for a term of ten years, at an interest rate of one percent;
23.25 (3) during the ten-year term of the loan, the eligible organization shall make annual
23.26interest-only payments;
23.27 (4) at the end of the ten-year term, the eligible organization is required to make a
23.28payment in the entire principal amount of the initial loan;
23.29 (5) the state investment by the commissioner in any eligible organization may not
23.30exceed $2,000,000;
23.31 (6) the full amount of state investment will be advanced to the approved eligible
23.32organization upon execution of a formal investment agreement, specifying the terms of the
23.33loan, as well as reporting and other requirements outlined in subdivision 5;
23.34 (7) the eligible organization must maintain the funds in accounts that allow the funds
23.35to be readily available for business investments;
24.1 (8) the eligible organization must make business investments totaling the entire
24.2amount of funds loaned by the state within three years of the execution of the investment
24.3agreement and subsequent transmittal of the funds; and
24.4 (9) an eligible organization that receives an investment under this section shall
24.5report annually, in a format prescribed by the commissioner, the nature and amount of
24.6the business investments made, including, for each financing transaction involving funds
24.7received pursuant to this section, all forms and amounts of financing provided by the
24.8eligible organization from sources other than the investment fund established pursuant to
24.9this section, along with the number of jobs created and private sector investment leveraged.
24.10 Subd. 5. Requirements for state investments. All investments are subject to an
24.11investment agreement which must include:
24.12 (1) a description of the eligible organization, including business finance experience,
24.13qualifications, and investment history;
24.14 (2) a description of the uses of investment proceeds by the eligible organization;
24.15 (3) an explanation of the investment objectives;
24.16 (4) a description of accounting and reporting standards to be used by the eligible
24.17organization; and
24.18 (5) a copy of the most recent audited financial statements of the eligible organization.
24.19 Sec. 4. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
24.20 Subdivision 1. Grant account. A contaminated site cleanup and development
24.21grant account is created in the general fund. Money in the account may be used, as
24.22appropriated by law, to make grants as provided in section
24.23commissioner's costs in reviewing applications and making grants. Notwithstanding
24.24section
24.25available
24.26 Sec. 5. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
24.27 Subd. 2. Qualifying sites. A site qualifies for a grant under this section, if the
24.28following criteria are met:
24.29 (1) the site is not scheduled for funding during the current or next fiscal year under
24.30the Comprehensive Environmental Response, Compensation, and Liability Act, United
24.31States Code, title 42, section 9601, et seq. or under the Environmental Response, and
24.32Liability Act under sections
24.33
24.34
25.1
25.2
25.3
25.4
25.5
25.6improved with buildings or other improvements and these improvements will provide a
25.7substantial increase in the property tax base within a reasonable period of time or the site
25.8will be used for an important publicly owned or tax-exempt facility.
25.9 Sec. 6. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
25.10 Subdivision 1. Priorities. (a) The legislature expects that applications for grants
25.11will exceed the available appropriations and the agency will be able to provide grants to
25.12only some of the applicant development authorities.
25.13 (b) If applications for grants for qualified sites exceed the available appropriations,
25.14the agency shall make grants for sites that, in the commissioner's judgment, provide
25.15the highest return in public benefits for the public costs incurred and that meet all the
25.16requirements provided by law. In making this judgment, the commissioner shall consider
25.17the following factors:
25.18 (1) the recommendations or ranking of projects by the commissioner of the Pollution
25.19Control Agency regarding the potential threat to public health and the environment that
25.20would be reduced or eliminated by completion of each of the response action plans;
25.21 (2) the potential increase in the property tax base of the local taxing jurisdictions,
25.22considered relative to the fiscal needs of the jurisdictions, that will result from
25.23developments that will occur because of completion of each of the response action plans;
25.24 (3) the social value to the community of the cleanup and redevelopment of the site,
25.25including the importance of development of the proposed public facilities on each of
25.26the sites;
25.27 (4) the probability that each site will be cleaned up without use of government
25.28money in the reasonably foreseeable future by considering but not limited to the current
25.29market value of the site versus the cleanup cost;
25.30 (5) the amount of cleanup costs for each site; and
25.31 (6) the amount of the commitment of municipal or other local resources to pay for
25.32the cleanup costs.
25.33 The factors are not listed in a rank order of priority; rather the commissioner may
25.34weigh each factor, depending upon the facts and circumstances, as the commissioner
25.35considers appropriate. The commissioner may consider other factors that affect the net
26.1return of public benefits for completion of the response action plan. The commissioner,
26.2notwithstanding the listing of priorities and the goal of maximizing the return of public
26.3benefits, shall make grants that distribute available money to sites both within and outside
26.4of the metropolitan area. The commissioner shall provide a written statement of the
26.5supporting reasons for each grant. Unless sufficient applications are not received for
26.6qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
26.7as grants must be made for sites located outside of the metropolitan area.
26.8 Sec. 7. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
26.9 Subdivision 1. Commissioner discretion. The commissioner may make a grant for
26.10up to 50 percent of the eligible costs of a project. The determination of whether to make a
26.11grant for a site is within the discretion of the commissioner, subject to this section and
26.12sections
26.13account. For grants made in fiscal years 2008 and 2009, at least 75 percent of the available
26.14grant funds must be used for grants in greater Minnesota. For grants made in fiscal year
26.152010 and later, at least 50 percent of the available grant funds must be used for grants
26.16in greater Minnesota. If the commissioner determines that the applications for grants
26.17for projects in greater Minnesota are less than the amount of grant funds available, the
26.18commissioner may make grants for projects anywhere in Minnesota. The commissioner's
26.19decisions and application of the priorities under this section are not subject to judicial
26.20review, except for abuse of discretion.
26.21 Sec. 8. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
26.22 Subd. 1a. Priorities. (a) If applications for grants exceed the available
26.23appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
26.24the highest return in public benefits for the public costs incurred. "Public benefits" include
26.25job creation, bioscience development, environmental benefits to the state and region,
26.26efficient use of public transportation, efficient use of existing infrastructure, provision of
26.27affordable housing, multiuse development that constitutes community rebuilding rather
26.28than single-use development, crime reduction, blight reduction, community stabilization,
26.29and property tax base maintenance or improvement. In making this judgment, the
26.30commissioner shall give priority to redevelopment projects with one or more of the
26.31following characteristics:
26.32 (1) the need for redevelopment in conjunction with contamination remediation needs;
26.33 (2) the redevelopment project meets current tax increment financing requirements
26.34for a redevelopment district and tax increments will contribute to the project;
27.1 (3) the redevelopment potential within the municipality;
27.2 (4) proximity to public transit if located in the metropolitan area;
27.3 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
27.4and
27.5
27.6housing, transportation, and environmental impact.
27.7 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
27.8commissioner may weigh each factor, depending upon the facts and circumstances, as
27.9the commissioner considers appropriate. The commissioner may consider other factors
27.10that affect the net return of public benefits for completion of the redevelopment plan. The
27.11commissioner, notwithstanding the listing of priorities and the goal of maximizing the
27.12return of public benefits, shall make grants that distribute available money to sites both
27.13within and outside of the metropolitan area. Unless sufficient applications are not received
27.14for qualifying sites outside of the metropolitan area, at least 25 percent of the money
27.15provided as grants must be made for sites located outside of the metropolitan area.
27.16 Sec. 9. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
27.17 Subdivision 1. Generally. (a) The commissioner shall promote, develop, and
27.18facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
27.19addition to the powers granted by section
27.20 (1) locate, develop, and promote international markets for Minnesota products
27.21and services;
27.22 (2) arrange and lead trade missions to countries with promising international markets
27.23for Minnesota goods, technology, services, and agricultural products;
27.24 (3) promote Minnesota products and services at domestic and international trade
27.25shows;
27.26 (4) organize, promote, and present domestic and international trade shows featuring
27.27Minnesota products and services;
27.28 (5) host trade delegations and assist foreign traders in contacting appropriate
27.29Minnesota businesses and investments;
27.30 (6) develop contacts with Minnesota businesses and gather and provide information
27.31to assist them in locating and communicating with international trading or joint venture
27.32counterparts;
27.33 (7) provide information, education, and counseling services to Minnesota businesses
27.34regarding the economic, commercial, legal, and cultural contexts of international trade;
28.1 (8) provide Minnesota businesses with international trade leads and information
28.2about the availability and sources of services relating to international trade, such as
28.3export financing, licensing, freight forwarding, international advertising, translation, and
28.4custom brokering;
28.5 (9) locate, attract, and promote foreign direct investment and business development
28.6in Minnesota to enhance employment opportunities in Minnesota;
28.7 (10) provide foreign businesses and investors desiring to locate facilities in
28.8Minnesota information regarding sources of governmental, legal, real estate, financial, and
28.9business services;
28.10 (11) enter into contracts or other agreements with private persons and public entities,
28.11including agreements to establish and maintain offices and other types of representation in
28.12foreign countries, to carry out the purposes of promoting international trade and attracting
28.13investment from foreign countries to Minnesota and to carry out this section, without
28.14regard to section
28.15 (12) market trade-related materials to businesses and organizations, and the proceeds
28.16of which must be placed in a special revolving account and are appropriated to the
28.17commissioner to prepare and distribute trade-related materials.
28.18 (b) The programs and activities of the commissioner of employment and economic
28.19development and the Minnesota Trade Division may not duplicate programs and activities
28.20of the commissioner of agriculture.
28.21 (c) The commissioner shall notify the chairs of the senate Finance and house Ways
28.22and Means Committees of each agreement under this subdivision to establish and maintain
28.23an office or other type of representation in a foreign country.
28.24 (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
28.25assistance to official visits by foreign government representatives and shall serve as liaison
28.26to the foreign diplomatic corps in Minnesota.
28.27 Sec. 10. Minnesota Statutes 2006, section 116L.01, is amended by adding a subdivision
28.28to read:
28.29 Subd. 4. Workforce development intermediaries. "Workforce development
28.30intermediaries" means public, private, or nonprofit entities that provide employment
28.31services to low-income individuals and have a demonstrated track record bringing together
28.32employers and workers, private and public funding streams, and other stakeholders to
28.33implement pathways to career advancement for low-income individuals. Entities may
28.34include, but are not limited to, nonprofit organizations, educational institutions, or the
28.35administrative entity of a local workforce service area.
29.1 Sec. 11. Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to read:
29.2 Subd. 1a. Pathways program. The pathways program may provide grants-in-aid
29.3for developing programs which assist in the transition of persons from welfare to work and
29.4assist individuals at or below 200 percent of the federal poverty guidelines. The program
29.5is to be operated by the board. The board shall consult and coordinate with program
29.6administrators at the Department of Employment and Economic Development to design
29.7and provide services for temporary assistance for needy families recipients.
29.8 Pathways grants-in-aid may be awarded to educational or other nonprofit training
29.9institutions or to workforce development intermediaries for education and training
29.10programs and services supporting education and training programs that serve eligible
29.11recipients.
29.12 Preference shall be given to projects that:
29.13 (1) provide employment with benefits paid to employees;
29.14 (2) provide employment where there are defined career paths for trainees;
29.15 (3) pilot the development of an educational pathway that can be used on a continuing
29.16basis for transitioning persons from welfare to work; and
29.17 (4) demonstrate the active participation of Department of Employment and
29.18Economic Development workforce centers, Minnesota State College and University
29.19institutions and other educational institutions, and local welfare agencies.
29.20 Pathways projects must demonstrate the active involvement and financial
29.21commitment of private business. Pathways projects must be matched with cash or in-kind
29.22contributions on at least a
29.23business.
29.24 A single grant to any one institution shall not exceed $400,000. A portion of a grant
29.25may be used for preemployment training.
29.26 Sec. 12. Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to read:
29.27 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
29.28have the meanings given them in this subdivision.
29.29 (b) "Commissioner" means the commissioner of employment and economic
29.30development.
29.31 (c) "Dislocated worker" means an individual who is a resident of Minnesota at the
29.32time employment ceased or was working in the state at the time employment ceased and:
29.33 (1) has been permanently separated or has received a notice of permanent separation
29.34from public or private sector employment and is eligible for or has exhausted entitlement
29.35to unemployment benefits, and is unlikely to return to the previous industry or occupation;
30.1 (2) has been long-term unemployed and has limited opportunities for employment
30.2or reemployment in the same or a similar occupation in the area in which the individual
30.3resides, including older individuals who may have substantial barriers to employment by
30.4reason of age;
30.5 (3) has been terminated or has received a notice of termination of employment as a
30.6result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
30.7 (4) has been self-employed, including farmers and ranchers, and is unemployed as a
30.8result of general economic conditions in the community in which the individual resides or
30.9because of natural disasters; or
30.10
30.11has spent a substantial number of years in the home providing homemaking service and
30.12(i) has been dependent upon the financial support of another; and now due to divorce,
30.13separation, death, or disability of that person, must find employment to self support; or (ii)
30.14derived the substantial share of support from public assistance on account of dependents
30.15in the home and no longer receives such support.
30.16 To be eligible under this clause, the support must have ceased while the worker
30.17resided in Minnesota.
30.18 (d) "Eligible organization" means a state or local government unit, nonprofit
30.19organization, community action agency, business organization or association, or labor
30.20organization.
30.21 (e) "Plant closing" means the announced or actual permanent shutdown of a single
30.22site of employment, or one or more facilities or operating units within a single site of
30.23employment.
30.24 (f) "Substantial layoff" means a permanent reduction in the workforce, which is
30.25not a result of a plant closing, and which results in an employment loss at a single site
30.26of employment during any 30-day period for at least 50 employees excluding those
30.27employees that work less than 20 hours per week.
30.28 Sec. 13. Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to read:
30.29 Subdivision 1. Determination and collection of special assessment. (a) In addition
30.30to amounts due from an employer under the Minnesota unemployment insurance program,
30.31each employer, except an employer making reimbursements is liable for a special
30.32assessment levied at the rate of .10 percent per year
30.33all taxable wages, as defined in section
30.34
30.35
31.1schedule and in the same manner as other amounts due from an employer under section
31.3 (b) The special assessment levied under this section shall be subject to the same
31.4requirements and collection procedures as any amounts due from an employer under the
31.5Minnesota unemployment insurance program.
31.6 Sec. 14. Minnesota Statutes 2006, section 116L.666, subdivision 1, is amended to read:
31.7 Subdivision 1. Designation of workforce service areas. For the purpose of
31.8administering federal, state, and local employment and training services, the commissioner
31.9shall designate the geographic boundaries for workforce service areas in Minnesota.
31.10 The commissioner shall approve a request to be a workforce service area from:
31.11 (1) a home rule charter or statutory city with a population of 200,000 or more or a
31.12county with a population of 200,000 or more; or
31.13 (2) a consortium of contiguous home rule charter or statutory cities or counties
31.14with an aggregate population of 200,000 or more that serves a substantial part of one or
31.15more labor markets.
31.16 The commissioner may approve a request to be a workforce service area from a
31.17home rule charter or statutory city or a county or a consortium of contiguous home
31.18rule charter or statutory cities or counties, without regard to population, that serves a
31.19substantial portion of a labor market area.
31.20 The commissioner shall make a final designation of workforce service areas within
31.21the state after consulting with local elected officials and the governor's Workforce
31.22Development Council. Existing service delivery areas designated under the federal Job
31.23Training Partnership Act shall be initially designated as workforce service areas providing
31.24that no other petitions are submitted by local elected officials.
31.25 The commissioner may redesignate workforce service areas, upon the advice and
31.26consent of the affected local elected officials, no more frequently than every two years.
31.27These redesignations must be made not later than four months before the beginning of a
31.28program year.
31.29 Sec. 15. Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to read:
31.30 Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
31.31corporation with which it has entered into an agreement under subdivision 1. These
31.32loans must be used to support a new or expanding business. This support may include
31.33such forms of financing as the sale of goods to the business on installment or deferred
31.34payments, lease purchase agreements, or royalty investments in the business. The interest
32.1rate charged by a nonprofit corporation for a loan under this subdivision must not exceed
32.2the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the
32.3nonprofit corporation may charge a loan origination fee equal to or less than one percent
32.4of the loan value. The nonprofit corporation may retain the amount of the origination fee.
32.5The nonprofit corporation must provide at least an equal match to the loan received by the
32.6board. The maximum loan available to the nonprofit corporation under this subdivision is
32.7$50,000. Loans made to the nonprofit corporation under this subdivision may be made
32.8without interest. Repayments made by the nonprofit corporation must be deposited in the
32.9revolving fund created for urban initiative grants.
32.10 Sec. 16. [116O.115] SMALL BUSINESS GROWTH ACCELERATION
32.11PROGRAM.
32.12 Subdivision 1. Establishment; purpose. The small business growth acceleration
32.13program is established. The purpose of the program is to (1) help qualified companies
32.14implement technology and business improvements; and (2) bridge the gap between
32.15standard market pricing for technology and business improvements and what qualified
32.16companies can afford to pay.
32.17 Subd. 2. Qualified company. A company is qualified to receive assistance under
32.18the small business growth acceleration program if it is a manufacturing company or a
32.19manufacturing-related service company that employs 100 or fewer full-time equivalent
32.20employees.
32.21 Subd. 3. Applications for assistance. A company seeking assistance under the
32.22small business growth acceleration program must file an application according to the
32.23requirements of the corporation. A company's application for small business growth
32.24acceleration program assistance must include documentation of the company's overall plan
32.25for technology and business improvement and prioritize the components of the overall
32.26plan. The application must also document the company's need for small business growth
32.27acceleration program funds in order to carry forward the highest priority components of
32.28the plan.
32.29 Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
32.30procedures for determining which applicants for assistance under the small business
32.31growth acceleration program will receive program funding. Funding shall be awarded
32.32only to accelerate a qualified company's adoption of needed technology or business
32.33improvements when the corporation concludes that it is unlikely the improvements could
32.34be accomplished in any other way.
33.1 (b) The maximum amount of funds awarded to a qualified company under the small
33.2business growth acceleration program for a particular project must not exceed 50 percent
33.3of the total cost of a project and must not under any circumstances exceed $25,000 during
33.4a calendar year. The corporation shall not award to a qualified company small business
33.5growth acceleration program funds in excess of $50,000 per year.
33.6 (c) Any funds awarded to a qualified company under the small business growth
33.7acceleration program must be used for business services and products that will enhance the
33.8operation of the company. These business services and products must come either directly
33.9from the corporation or from a network of expert providers identified and approved by
33.10the corporation. No company receiving small business growth acceleration program
33.11funds may use the funds for refinancing, overhead costs, new construction, renovation,
33.12equipment, or computer hardware.
33.13 (d) Any funds awarded must be disbursed to the qualified company as reimbursement
33.14documented according to requirements of the corporation.
33.15 Subd. 5. Service agreements. The corporation shall enter a written service
33.16agreement with each company awarded funds under the small business growth acceleration
33.17program. Each service agreement shall clearly articulate the company's need for service,
33.18state the cost of the service, identify who will provide the service, and define the scope of
33.19the service that will be provided. The service agreement must also include an estimate
33.20of the financial impact of the service on the company and require the company to report
33.21the actual financial impact of the service to the corporation 24 months after the service is
33.22provided.
33.23 Subd. 6. Reporting. The corporation shall report annually to the legislative
33.24committees with fiscal jurisdiction over the Department of Employment and Economic
33.25Development:
33.26 (1) the funds awarded under the small business growth acceleration program during
33.27the past 12 months;
33.28 (2) the estimated financial impact of the funds awarded to each company receiving
33.29service under the program; and
33.30 (3) the actual financial impact of funds awarded during the past 24 months.
33.31 Sec. 17. [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
33.32 Subdivision 1. Definitions. For the purposes of this section and section 179.87:
33.33 (1) "employer" means any person or business entity having 25 or more full-time
33.34employees in the meatpacking industry; and
34.1 (2) "meatpacking industry" means business operations in which slaughtering,
34.2butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry
34.3packing, poultry manufacturing, pet food manufacturing, processing of meatpacking
34.4products, or rendering is carried on. Meatpacking products include livestock and poultry
34.5products.
34.6 Subd. 2. Right to adequate facilities. An employer must provide its employees:
34.7 (1) adequate and working restroom facilities;
34.8 (2) adequate room for meal and rest breaks;
34.9 (3) adequate locker facilities; and
34.10 (4) adequate time for necessary restroom and meal breaks as required under chapter
34.11177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter
34.12126, or a valid collective bargaining agreement.
34.13 Subd. 3. Right to adequate equipment and training. An employer must furnish its
34.14employees with equipment and training that is adequate to perform the job task assigned.
34.15An employer must make ongoing skill development and training opportunities, including
34.16supervisory training, available to employees.
34.17 Subd. 4. Information provided to employee by employer. (a) An employer must
34.18provide an explanation in an employee's native language of the employee's rights and
34.19duties as an employee either person-to-person or through written materials as required
34.20by state or federal law, or a valid collective bargaining agreement that, at a minimum,
34.21includes:
34.22 (1) a complete description of the salary and benefits plans as they relate to the
34.23employee as required under chapter 181;
34.24 (2) a job description for the employee's position as required under chapter 181;
34.25 (3) a description of leave policies as required under chapter 181 and United States
34.26Code, title 29, chapter 28;
34.27 (4) a description of the work hours and work hours policy as required under chapter
34.28181; United States Code, title 29, chapter 201; or a valid collective bargaining agreement;
34.29and
34.30 (5) a description of the occupational hazards known to exist for the position as
34.31required under chapters 181 and 182 and United States Code, title 29, chapter 15.
34.32 (b) The explanation must also include information on the following employee rights
34.33as protected by state or federal law and a description of where additional information
34.34about those rights may be obtained:
34.35 (1) the right to organize and bargain collectively as required under this chapter and
34.36chapter 177, and United States Code, title 29, chapter 7;
35.1 (2) the right to a safe workplace as required under chapters 181 and 182 and United
35.2States Code, title 29, chapter 15; and
35.3 (3) the right to be free from discrimination as required under this chapter and
35.4chapters 181, 182, and 363A, and United States Code, title 42, chapter 21.
35.5 Sec. 18. [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS
35.6OMBUDSMAN.
35.7 Subdivision 1. Position established. The position of meatpacking industry workers
35.8rights ombudsman is established within the Department of Labor and Industry. The
35.9ombudsman shall be an employee of the department. The ombudsman shall be appointed
35.10by the commissioner in consultation with the chairs of the standing committees of the
35.11senate and house of representatives with jurisdiction over labor and employment issues in
35.12accordance with the preference established in subdivision 5.
35.13 Subd. 2. Duties. The ombudsman shall inspect and review the practices and
35.14procedures of meatpacking operations in the state. The ombudsman shall work to ensure
35.15workers rights under section 179.86 are protected.
35.16 Subd. 3. Access. The ombudsman or designated representatives of the ombudsman
35.17shall have access to all meatpacking operations in the state at any time meatpacking
35.18products are being processed and industry workers are on the job.
35.19 Subd. 4. Office. Necessary office space, furniture, equipment, and supplies as
35.20well as necessary assistance for the ombudsman shall be provided by the Department of
35.21Labor and Industry.
35.22 Subd. 5. Language preference. Preference shall be given to applicants for the
35.23ombudsman position who are fluent in languages in addition to English.
35.24 Subd. 6. Report. The ombudsman shall, on or before December 1 of each year,
35.25submit a report to the members of the legislature and the governor regarding any
35.26recommended actions the ombudsman deems necessary or appropriate to provide for the
35.27fair treatment of workers in the meatpacking industry.
35.28 Sec. 19. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
35.29 Subd. 3. Other duties. (a) The commissioner shall:
35.30 (1) provide mediation services as requested by the parties until the parties reach
35.31agreement, and may continue to assist parties after they have submitted their final
35.32positions for interest arbitration;
35.33 (2) issue notices, subpoenas, and orders required by law to carry out duties under
35.34sections
36.1 (3) assist the parties in formulating petitions, notices, and other papers required to
36.2be filed with the commissioner;
36.3 (4) conduct elections;
36.4 (5) certify the final results of any election or other voting procedure conducted
36.5under sections
36.6 (6) adopt rules relating to the administration of this chapter and the conduct of
36.7hearings and elections;
36.8 (7) receive, catalogue, file, and make available to the public all decisions of
36.9arbitrators and panels authorized by sections
36.10decisions, and the commissioner's orders and decisions;
36.11 (8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of
36.12section
36.13a contractual grievance procedure;
36.14 (9) maintain a schedule of state employee classifications or positions assigned to
36.15each unit established in section
36.16 (10) collect fees established by rule for empanelment of persons on the labor
36.17arbitrator roster maintained by the commissioner or in conjunction with fair share fee
36.18challenges. Arbitrator application fees will be $100 per year for initial applications and
36.19renewals effective July 1, 2007;
36.20 (11) provide technical support and assistance to voluntary joint labor-management
36.21committees established for the purpose of improving relationships between exclusive
36.22representatives and employers, at the discretion of the commissioner;
36.23 (12) provide to the parties a list of arbitrators as required by section
36.24subdivision 4
36.25 (13) maintain a list of up to 60 arbitrators for referral to employers and exclusive
36.26representatives for the resolution of grievance or interest disputes. Each person on the
36.27list must be knowledgeable about collective bargaining and labor relations in the public
36.28sector, well versed in state and federal labor law, and experienced in and knowledgeable
36.29about labor arbitration. To the extent practicable, the commissioner shall appoint members
36.30to the list so that the list is gender and racially diverse.
36.31 (b) From the names provided by representative organizations, the commissioner
36.32shall maintain a list of arbitrators to conduct teacher discharge or termination hearings
36.33according to section
36.34one of the following requirements:
36.35 (1) be a former or retired judge;
36.36 (2) be a qualified arbitrator on the list maintained by the bureau;
37.1 (3) be a present, former, or retired administrative law judge; or
37.2 (4) be a neutral individual who is learned in the law and admitted to practice in
37.3Minnesota, who is qualified by experience to conduct these hearings, and who is without
37.4bias to either party.
37.5 Each year, education Minnesota shall provide a list of up to 14 names and the
37.6Minnesota School Boards Association a list of up to 14 names of persons to be on the list.
37.7The commissioner may adopt rules about maintaining and updating the list.
37.8 Sec. 20. [181A.115] PROHIBITED EMPLOYMENT RELATING TO THE
37.9PRESENCE OF LIQUOR.
37.10 No minor under the age of 18 shall be employed in any rooms constituting the place
37.11in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any
37.12tasks involving the serving, dispensing, or handling of such liquors that are consumed on
37.13the premises except that:
37.14 (1) minors who have reached the age of 16 may be employed to perform busing or
37.15dishwashing services in those rooms or areas of a restaurant, hotel, motel, or resort where
37.16the presence of intoxicating liquor is incidental to food service or preparation;
37.17 (2) minors who have reached the age of 16 may be employed to perform busing or
37.18dishwashing services or to provide waiter or waitress service in rooms or areas where the
37.19presence of 3.2 percent malt liquor is incidental to food service or preparation;
37.20 (3) minors who have reached the age of 16 may be employed to provide musical
37.21entertainment in those rooms or areas where the presence of intoxicating liquor and
37.22percent malt liquor is incidental to food service or preparation; and
37.23 (4) minors are not prevented from working at tasks which are not prohibited by law
37.24in establishments where liquor is sold, served, dispensed, or handled in those rooms or
37.25areas where no liquor is consumed or served.
37.26 Sec. 21. Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to read:
37.27 Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
37.28employers and employees of this state resulting from personal injuries and illnesses arising
37.29out of work situations is substantial; that the prevention of these injuries and illnesses is an
37.30important objective of the government of this state; that the greatest hope of attaining this
37.31objective lies in programs of research and education, and in the earnest cooperation of
37.32government, employers and employees; and that a program of regulation and enforcement
37.33is a necessary supplement to these more basic programs.
38.1 The legislature declares it to be its purpose and policy through the exercise of its
38.2powers to assure so far as possible every worker in the state of Minnesota safe and
38.3healthful working conditions and to preserve our human resources by:
38.4 (a) authorizing the Occupational Safety and Health Advisory Council to advise,
38.5consult with or recommend on any matters relating to the Minnesota occupational
38.6safety and health plan to the commissioner of labor and industry and by authorizing the
38.7commissioner of labor and industry to promulgate and enforce mandatory occupational
38.8safety and health standards applicable to employers and employees in the state of
38.9Minnesota;
38.10 (b) encouraging employers and employees to increase their efforts to reduce the
38.11number of occupational safety and health hazards at their places of employment, and to
38.12stimulate employers and employees to institute new and to perfect existing programs for
38.13providing safe and healthful working conditions;
38.14 (c) providing that employers and employees have separate but dependent
38.15responsibilities and rights with respect to achieving safe and healthful working conditions;
38.16 (d) providing for research in the field of occupational safety and health; including
38.17the psychological factors involved, and by developing innovative methods, techniques,
38.18and approaches for dealing with occupational safety and health problems;
38.19 (e) exploring ways to discover latent diseases, establishing causal connections
38.20between diseases and work in environmental conditions, and conducting other research
38.21relating to health problems, in recognition of the fact that occupational health standards
38.22present problems often different from those involved in occupational safety;
38.23 (f) utilizing advances already made by federal laws and regulations providing safe
38.24and healthful working conditions;
38.25 (g) providing criteria which will assure insofar as practicable that no employee
38.26will suffer diminished health, functional capacity, or life expectancy as a result of work
38.27experience;
38.28 (h) providing an effective enforcement program which shall include locating
38.29enforcement personnel in areas of the state with a higher incidence of workplace fatalities,
38.30injuries, and complaints and a prohibition against giving advance notice of an inspection
38.31and sanctions for any individual violating this prohibition;
38.32 (i) providing for appropriate reporting procedures with respect to occupational
38.33safety and health, which procedures will help achieve the objectives of this chapter and
38.34accurately describe the nature of the occupational safety and health problem;
38.35 (j) encouraging joint labor-management efforts to reduce injuries and diseases
38.36arising out of employment;
39.1 (k) providing consultation to employees and employers which will aid them in
39.2complying with their responsibilities under this chapter where such consultation does not
39.3interfere with the effective enforcement of this chapter; and
39.4 (l) providing for training programs to increase the number and competence of
39.5personnel engaged in the field of occupational safety and health.
39.6 Sec. 22. [182.6551] CITATION.
39.7 Sections 182.6551 to 182.6553 may be cited as the "Safe Patient Handling Act."
39.8 Sec. 23. [182.6552] DEFINITIONS.
39.9 Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
39.10individual doing the job of directly providing physical care to patients including nurses, as
39.11defined by section 148.171, who provide physical care to patients.
39.12 Subd. 2. Health care facility. "Health care facility" means a hospital as defined in
39.13section 144.50, subdivision 2; an outpatient surgical center as defined in section 144.55,
39.14subdivision 2; and a nursing home as defined in section 144A.01, subdivision 5.
39.15 Subd. 3. Safe patient handling. "Safe patient handling" means a process, based on
39.16scientific evidence on causes of injuries, that uses safe patient handling equipment rather
39.17than people to transfer, move, and reposition patients in all health care facilities to reduce
39.18workplace injuries. This process also reduces the risk of injury to patients.
39.19 Subd. 4. Safe patient handling equipment. "Safe patient handling equipment"
39.20means engineering controls, lifting and transfer aids, or mechanical assistive devices used
39.21by nurses and other direct patient care workers instead of manual lifting to perform the
39.22acts of lifting, transferring, and repositioning health care facility patients and residents.
39.23 Sec. 24. [182.6553] SAFE PATIENT HANDLING PROGRAM.
39.24 Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
39.25every licensed health care facility in the state shall adopt a written safe patient handling
39.26policy establishing the facility's plan to achieve by January 1, 2011, the goal of minimizing
39.27manual lifting of patients by nurses and other direct patient care workers by utilizing
39.28safe patient handling equipment.
39.29 (b) The program shall address:
39.30 (1) assessment of hazards with regard to patient handling;
39.31 (2) the acquisition of an adequate supply of appropriate safe patient handling
39.32equipment;
40.1 (3) initial and ongoing training of nurses and other direct patient care workers on
40.2the use of this equipment;
40.3 (4) procedures to ensure that physical plant modifications and major construction
40.4projects are consistent with program goals; and
40.5 (5) periodic evaluations of the safe patient handling program.
40.6 Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
40.7health care facility in the state shall establish a safe patient handling committee either by
40.8creating a new committee or assigning the functions of a safe patient handling committee
40.9to an existing committee.
40.10 (b) Membership of a safe patient handling committee or an existing committee must
40.11meet the following requirements:
40.12 (1) at least half the members shall be nonmanagerial nurses and other direct patient
40.13care workers; and
40.14 (2) in a health care facility where nurses and other direct patient care workers
40.15are covered by a collective bargaining agreement, the union shall select the committee
40.16members proportionate to its representation of nonmanagerial workers, nurses, and other
40.17direct patient care workers.
40.18 (c) A health care organization with more than one covered health care facility may
40.19establish a committee at each facility or one committee to serve this function for all the
40.20facilities. If the organization chooses to have one overall committee for multiple facilities,
40.21at least half of the members of the overall committee must be nonmanagerial nurses and
40.22other direct patient care workers and each facility must be represented on the committee.
40.23 (d) Employees who serve on a safe patient handling committee must be compensated
40.24by their employer for all hours spent on committee business.
40.25 Subd. 3. Facilities with existing programs. A facility that has already adopted a
40.26safe patient handling policy that satisfies the requirements of subdivision 1, and established
40.27a safe patient handling committee by July 1, 2008, is considered to be in compliance
40.28with those requirements. The committee must continue to satisfy the requirements of
40.29subdivision 2, paragraph (b), on an ongoing basis.
40.30 Subd. 4. Committee duties. A safe patient handling committee shall:
40.31 (1) complete a patient handling hazard assessment that:
40.32 (i) considers patient handling tasks, types of nursing units, patient populations, and
40.33the physical environment of patient care areas;
40.34 (ii) identifies problems and solutions;
40.35 (iii) identifies areas of highest risk for lifting injuries; and
40.36 (iv) recommends a mechanism to report, track, and analyze injury trends;
41.1 (2) make recommendations on the purchase, use, and maintenance of an adequate
41.2supply of appropriate safe patient handling equipment;
41.3 (3) make recommendations on training of nurses and other direct patient care
41.4workers on use of safe patient handling equipment, initially when the equipment arrives at
41.5the facility and periodically afterwards;
41.6 (4) conduct annual evaluations of the safe patient handling implementation plan and
41.7progress toward goals established in the safe patient handling policy; and
41.8 (5) recommend procedures to ensure that, when remodeling of patient care areas
41.9occurs, the plans incorporate safe patient handling equipment or the physical space and
41.10construction design needed to accommodate safe patient handling equipment at a later date.
41.11 Subd. 5. Training materials. The commissioner shall make training materials on
41.12implementation of this section available to all health care facilities at no cost as part of the
41.13training and education duties of the commissioner under section 182.673.
41.14 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
41.15section 182.661. A violation of this section is subject to the penalties provided under
41.16section 182.666.
41.17 Subd. 7. Grant program. The commissioner may make grants to health care
41.18facilities to acquire safe patient handling equipment and for training on safe patient
41.19handling and safe patient handling equipment. Grants to any one facility may not exceed
41.20$40,000. A grant must be matched on a dollar-for-dollar basis by the grantee. The
41.21commissioner shall establish a grant application process. The commissioner may give
41.22priority for grants to facilities that demonstrate that acquiring safe patient handling
41.23equipment will impose a financial hardship on the facility. For health care facilities
41.24that provide evidence of hardship, the commissioner may waive the 50 percent match
41.25requirement and may grant such a facility more than $40,000. Health care facilities that
41.26the commissioner determines are experiencing hardship shall not be required to meet the
41.27safe patient handling requirements until July 1, 2012.
41.28 Sec. 25. Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to read:
41.29 Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not
41.30be eligible to receive unemployment benefits for any week with respect to which the
41.31applicant is receiving, has received, or has filed for payment, equal to or in excess of the
41.32applicant's weekly unemployment benefit amount, in the form of:
41.33 (1) vacation pay paid upon temporary, indefinite, or seasonal separation. This clause
41.34shall not apply to vacation pay paid upon a permanent separation from employment;
42.1 (2) severance pay, bonus pay, sick pay, and any other money payments, except
42.2earnings under subdivision 5, and back pay under subdivision 6, paid by an employer
42.3because of, upon, or after separation from employment, but only if the money payment is
42.4considered wages at the time of payment under section
42.5States Code, title 26, section 3121, clause (2), of the Federal Insurance Contribution Act
42.6This clause does not apply to the first $10,000 of any amount of severance pay, bonus
42.7pay, sick pay, or any other payments paid to an employee with annual salary or wages
42.8under $75,000; or
42.9 (3) pension, retirement, or annuity payments from any plan contributed to by a base
42.10period employer including the United States government, except Social Security benefits
42.11which are provided for in subdivision 4. The base period employer contributed to the
42.12plan if the contribution is excluded from the definition of wages under section
42.13subdivision 29
42.14the Federal Insurance Contribution Act.
42.15 An applicant shall not be considered to have received the lump sum payment if the
42.16applicant immediately deposits that payment in a qualified pension plan or account; or
42.17 (4) holiday pay.
42.18 (b) This subdivision shall apply to all the weeks of payment and shall be applied to
42.19the period immediately following the last day of employment. The number of weeks of
42.20payment shall be determined as follows:
42.21 (1) if the payments are made periodically, the total of the payments to be received
42.22shall be divided by the applicant's last level of regular weekly pay from the employer; or
42.23 (2) if the payment is made in a lump sum, that sum shall be divided by the applicant's
42.24last level of regular weekly pay from the employer.
42.25 (c) If the payment is less than the applicant's weekly unemployment benefit amount,
42.26unemployment benefits shall be reduced by the amount of the payment. If the computation
42.27of reduced unemployment benefits is not a whole dollar, it shall be rounded down to the
42.28next lower whole dollar.
42.29EFFECTIVE DATE.This section is effective for unemployment benefits paid on
42.30or after January 1, 2006, regardless of when the continued request was filed or the week
42.31for which the unemployment benefits are paid.
42.32 Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
42.33to read:
42.34 Subd. 5. Unemployment insurance benefits telephone system. The commissioner
42.35must ensure that the telephone system used for unemployment insurance benefits provides
43.1an option for any caller to speak to an unemployment insurance specialist. An individual
43.2who calls any of the publicized telephone numbers seeking information about applying for
43.3benefits or on the status of a claim must have the option to speak on the telephone to a
43.4specialist who can provide direct assistance or can direct the caller to the person or office
43.5that is able to respond to the caller's needs.
43.6 Sec. 27. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
43.7 Subd. 13. Supported employment. (a) "Supported employment" means
43.8employment of a person with a disability so severe that the person needs ongoing training
43.9and support to get and keep a job in which:
43.10 (1) the person engages in paid work in a position removed from the service vendor's
43.11site where individuals without disabilities who do not require public subsidies also may
43.12be employed;
43.13 (2) public funds are necessary to provide ongoing training and support services
43.14throughout the period of the person's employment; and
43.15 (3) the person has the opportunity for social interaction with individuals who do not
43.16have disabilities and who are not paid caregivers.
43.17 (b) If the commissioner has certified a rehabilitation facility setting as integrated,
43.18then employment at that site may be considered supported employment.
43.19 Sec. 28. Minnesota Statutes 2006, section 268A.01, is amended by adding a
43.20subdivision to read:
43.21 Subd. 14. Affirmative business enterprise employment. "Affirmative business
43.22enterprise employment" means employment which provides paid work on the premises of
43.23an affirmative business enterprise as certified by the commissioner.
43.24 Affirmative business enterprise employment is considered community employment
43.25for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
43.26that the wages for individuals reported must be at or above customary wages for the
43.27same employer. The employer must also provide one benefit package that is available to
43.28all employees.
43.29 Sec. 29. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
43.30 Subdivision 1. Appointment; membership. Every city, town, county, nonprofit
43.31corporation, or combination thereof establishing a rehabilitation facility shall appoint a
43.32rehabilitation facility board of no fewer than
43.33eligible for the assistance provided by sections
44.1town, or county singly establishes such a rehabilitation facility, the board shall be
44.2appointed by the chief executive officer of the city or the chair of the governing board
44.3of the county or town. When any combination of cities, towns, counties, or nonprofit
44.4corporations establishes a rehabilitation facility, the chief executive officers of the cities,
44.5nonprofit corporations, and the chairs of the governing bodies of the counties or towns
44.6shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
44.7facility, the corporation shall appoint the board of directors. Membership on a board
44.8shall be representative of the community served and shall include a person with a
44.9disability.
44.10
44.11
44.12
44.13
44.14
44.15
44.16and manages the program with county employees, the governing board shall be the county
44.17board of commissioners, and other provisions of this chapter pertaining to membership on
44.18the governing board do not apply.
44.19 Sec. 30. Minnesota Statutes 2006, section 268A.15, is amended by adding a
44.20subdivision to read:
44.21 Subd. 9. Integrated setting. At the commissioner's discretion, paid work on the
44.22premises of a rehabilitation facility may be certified as an integrated setting after a site
44.23review by the department.
44.24 Sec. 31. [325E.259] CUSTOMER SALES OR SERVICE CALL CENTER
44.25REQUIREMENTS.
44.26 Subdivision 1. Definitions. For purposes of this section, the following terms have
44.27the meanings given them.
44.28 (1) "Customer sales and service call center" means an entity whose primary purpose
44.29includes the initiating or receiving of telephonic communications on behalf of any person
44.30for the purpose of initiating telephone solicitations as defined in section
44.31subdivision 6
44.32 (2) "Customer service call center" means an entity whose primary purpose includes
44.33the initiating or receiving of telephonic communications on behalf of any person for the
45.1purposes of providing or receiving services or information necessary in connection with
45.2the providing of services or other benefits.
45.3 (3) "Customer services employee" means a person employed by or working on
45.4behalf of a customer sales call center or a customer service call center.
45.5 Subd. 2. Customers' right to customer sales or customer service call center
45.6information. (a) An individual who is a Minnesota resident who receives a telephone call
45.7from, or places a telephone call to, a customer sales call center or a customer service call
45.8center, upon request, has the right to know the identification of the state or country where
45.9the customer service employee is located.
45.10 (b) An individual who is a Minnesota resident who receives a telephone solicitation
45.11from, or places a telephone call to, a customer sales call center or a customer service call
45.12center located in a foreign country, which requests the Minnesota resident's financial,
45.13credit, or identifying information, has the right, upon reaching a customer service
45.14representative, to request an alternative option to contact a customer sales or service
45.15center located in the United States before the information is given if the alternative
45.16option is available.
45.17 Subd. 3. Nonapplicability; business-to-business calls. The rights granted under
45.18this section to an individual who is a Minnesota resident do not apply when the individual
45.19who is a Minnesota resident is making or receiving the call on behalf of a business.
45.20 Subd. 4. Violation. It is fraud under section 325F.69 for a person to willfully
45.21violate this section.
45.22 Subd. 5. Application to other remedies. Nothing in this section changes the
45.23remedies currently available under state or federal law or creates additional or new
45.24remedies.
45.25EFFECTIVE DATE.This section is effective August 1, 2007.
45.26 Sec. 32. Minnesota Statutes 2006, section 462.39, is amended by adding a subdivision
45.27to read:
45.28 Subd. 5. Local planning assistance. A regional development commission or,
45.29in regions not served by regional development commissions, a regional organization
45.30selected by the commissioner of employment and economic development, may develop a
45.31program to support planning on behalf of local units of government. The local planning
45.32must be related to issues of regional or statewide significance and may include, but is not
45.33limited to, the following:
45.34 (1) local planning and development assistance, which may include local zoning
45.35ordinances and land use plans;
46.1 (2) community or economic development plans, which may include workforce
46.2development plans, housing development plans and market analysis, JOBZ administration,
46.3grant writing assistance, and grant administration;
46.4 (3) environment and natural resources plans, which may include solid waste
46.5management plans, wastewater management plans, and renewable energy development
46.6plans;
46.7 (4) rural community health services; and
46.8 (5) development of geographical information systems to serve regional needs,
46.9including hardware and software purchases and related labor costs.
46.10 Each regional development commission or organization shall submit to the
46.11commissioner of employment and economic development an annual work program
46.12that outlines the work items for the upcoming year and establishes the relationship of
46.13the work items to development issues of regional or statewide significance. The entity
46.14completing the annual work program and identifying the statewide development issues
46.15shall consider input from the Departments of Employment and Economic Development,
46.16Natural Resources, Transportation, Agriculture, Commerce, and other state agencies as
46.17appropriate to the issues.
46.18 Sec. 33. WORKFORCE ENHANCEMENT FEE.
46.19 If the commissioner of employment and economic development determines that
46.20the need for services under the dislocated worker program substantially exceeds the
46.21resources that will be available for the program, the commissioner may increase the
46.22special assessment levied under Minnesota Statutes, section 116L.20, subdivision 1, to no
46.23more than .12 percent of taxable wages.
46.24 Sec. 34. FEDERAL PROCUREMENT LIAISON.
46.25 The commissioner of employment and economic development must establish and
46.26operate a technology and commercialization unit in the Department of Employment and
46.27Economic Development. Appropriation for this purpose must be used to: coordinate
46.28public and private efforts to procure federal funding for collaborative research and
46.29development projects of primary benefit to small- and medium-sized businesses; promote
46.30contractual relationships between Minnesota businesses who, as recipients of federal
46.31grants, are prime contractors, and appropriate Minnesota-based subcontractors; assess
46.32the research and development capabilities of small- and medium-sized businesses;
46.33undertake referral activities to link Minnesota companies with federal requests for
47.1proposal opportunities; and develop a framework for Minnesota companies to establish
47.2sole-sourcing relationships with federal agencies.
47.3 The commissioner must report to the committees in the house of representatives and
47.4the senate having jurisdiction over bioscience and technology issues on the activities of
47.5the technology and commercialization unit by June 30 of each year.
47.6 Sec. 35. LOCATION OF NORTHERN MINNESOTA INSPECTORS.
47.7 By December 31, 2007, the commissioner of labor and industry must assign three
47.8occupational safety and health inspectors to one or more offices on the Iron Range and one
47.9inspector to an office in Bemidji.
47.10 Sec. 36. WORKING GROUP ON STATE ROLE IN TRADE POLICY.
47.11 Subdivision 1. Work group members. The Department of Employment and
47.12Economic Development must convene a working group to develop recommendations for
47.13establishing policies and procedures regarding the role of the state in federal trade policy
47.14and trade agreements. The working group must be comprised of 17 members as follows:
47.15 (1) the governor or his designee;
47.16 (2) the commissioner of the Department of Employment and Economic Development
47.17or his designee;
47.18 (3) the commissioner of the Department of Agriculture or his designee;
47.19 (4) the commissioner of the Department of Administration or his designee;
47.20 (5) the attorney general or her designee;
47.21 (6) two members of the Minnesota senate one of whom is appointed by the senate
47.22majority leader and one appointed by the minority leader;
47.23 (7) two members of the Minnesota house of representatives, one of whom is
47.24appointed by the speaker and one appointed by the minority leader;
47.25 (8) two members designated by the Minnesota AFL-CIO;
47.26 (9) two members representing labor organizations other than the AFL-CIO with one
47.27to be appointed by the speaker of the Minnesota house of representatives and one to be
47.28appointed by the majority leader of the Minnesota senate;
47.29 (10) two members designated by the Minnesota Chamber of Commerce; and
47.30(11) two members representing business organizations other than the Minnesota
47.31Chamber of Commerce appointed by the governor.
47.32 The Department of Employment and Economic Development must provide
47.33administrative support to the working group.
48.1 Subd. 2. Duties; responsibilities. The working group may obtain input from other
48.2state and federal agencies as appropriate and may conduct public hearings to allow input
48.3from interested stakeholders. The working group must:
48.4 (1) determine the state's jurisdiction regarding federal trade policy and trade
48.5agreements;
48.6 (2) assess the state's current policies, procedures, roles and responsibilities for
48.7providing advice and consent on federal trade policy and trade agreements;
48.8 (3) review the current means through which the state interacts with the Office of
48.9the United States Trade Representative (USTR) and Congress regarding trade policy and
48.10trade agreements;
48.11 (4) inventory the federal trade policies and trade agreements that the state of
48.12Minnesota has formally approved or signed on to;
48.13 (5) examine trade policy models established by other states;
48.14 (6) develop recommendations for defining responsibilities and procedures for the
48.15state's role in federal trade policy and trade agreements; and
48.16 (7) prepare legislative recommendations to implement the recommendations of
48.17the working group.
48.18 The working group must report its findings and recommendations to the governor
48.19and the legislature by December 1, 2007.
48.20 Sec. 37. STUDY; SAFE PATIENT HANDLING.
48.21 (a) The commissioner of labor and industry shall study ways to require workers'
48.22compensation insurers to recognize compliance with Minnesota Statutes, section
48.23182.6553, in the workers' compensation premiums of health care and long-term care
48.24facilities. The commissioner shall report by January 15, 2008, the results of the study
48.25to the chairs of the policy committees of the legislature with primary jurisdiction over
48.26workers' compensation issues.
48.27 (b) By January 15, 2008, the commissioner must make recommendations to the
48.28legislature regarding funding sources available to health care facilities for safe patient
48.29handling programs and equipment, including, but not limited to, low interest loans, interest
48.30free loans, and federal, state, or county grants.
48.31 Sec. 38. WORK GROUP; SAFE PATIENT HANDLING.
48.32 The Minnesota State Council on Disability shall convene a work group comprised
48.33of representatives from the Minnesota Medical Association and other organizations
48.34representing clinics, disability advocates, and direct care workers, to do the following:
49.1 (1) assess the current options for and use of safe patient handling equipment in
49.2unlicensed outpatient clinics, physician offices, and dental settings;
49.3 (2) identify barriers to the use of safe patient handling equipment in these settings;
49.4and
49.5 (3) define clinical settings that move patients to determine applicability of the Safe
49.6Patient Handling Act.
49.7 The work group must report to the legislature by January 15, 2008, including
49.8reports to the chairs of the senate and house of representatives committees on workforce
49.9development.
49.10 Sec. 39. EFFECT ON RULES.
49.11 The commissioner of labor and industry shall amend Minnesota Rules, part
49.12
49.13may use the good cause exemption in Minnesota Statutes, section
49.14the amendment required by this section.
49.15 Sec. 40. PUBLIC FACILITIES AUTHORITY FUNDING.
49.16 To the greatest practical extent, projects on the Public Facilities Authority's 2007
49.17intended use plan, the listings for which were based on the Pollution Control Agency's
49.182006 project priority list, shall be carried over to the 2008 intended use plan. Projects that
49.19qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258,
49.20section 21, that could not be certified by the Pollution Control Agency by the applicable
49.21deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court
49.22issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to
49.23obtain the required certification from the Pollution Control Agency.
49.24 Sec. 41. REPEALER.
49.25Minnesota Statutes 2006, section 16C.18, subdivision 2, is repealed.
49.28 Section 1. [154.465] HAIR BRAIDING.
49.29 Subdivision 1. Registration. Any person engaged in hair braiding solely for
49.30compensation as a profession, except persons licensed as cosmetologists, shall register
49.31with the Minnesota Board of Barber and Cosmetology Examiners in a form determined
49.32by the board.
50.1 Subd. 2. Definition. "Hair braiding" means a natural form of hair manipulation that
50.2results in tension on hair strands by beading, braiding, cornrowing, extending, lacing,
50.3locking, sewing, twisting, weaving, or wrapping human hair, natural fibers, synthetic
50.4fibers, and hair extensions into a variety of shapes, patterns, and textures predominantly by
50.5hand and by only using simple braiding devices, and maintenance thereof. Hair braiding
50.6includes what is commonly known as "African-style hair braiding" or "natural hair care"
50.7but is not limited to any particular cultural, ethnic, racial, or religious forms of hair styles.
50.8Hair braiding includes the making of customized wigs from natural hair, natural fibers,
50.9synthetic fibers, and hair extensions. Hair braiding includes the use of topical agents such
50.10as conditioners, gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not
50.11involve the use of penetrating chemical hair treatments, chemical hair coloring agents,
50.12chemical hair straightening agents, chemical hair joining agents, permanent wave styles,
50.13or chemical hair bleaching agents applied to growing human hair. For purposes of this
50.14section, "simple hair braiding devices" means clips, combs, curlers, curling irons, hairpins,
50.15rollers, scissors, needles, thread, and hair binders including adhesives, if necessary, that
50.16are required solely for hair braiding.
50.17 Subd. 3. Requirements. In order to qualify for initial registration, any person
50.18engaged in hair braiding solely for compensation as a profession shall satisfactorily
50.19complete instruction at either an accredited school or by an individual, except persons
50.20licensed as cosmetologists approved by the board. Instruction includes coursework
50.21covering the topics of health, safety, sanitation, and state laws related to cosmetology not
50.22to exceed 30 hours. The coursework is encouraged to be provided in a foreign language
50.23format and such availability shall be reported to and posted by the Minnesota Board
50.24of Barber and Cosmetology Examiners.
50.25 Subd. 4. Curriculum. An accredited school or an individual approved by the board
50.26desiring to provide the coursework required under subdivision 3 shall have curriculum in
50.27place by January 1, 2008.
50.28EFFECTIVE DATE.This section is effective July 1, 2008, except subdivision 4 is
50.29effective the day following final enactment.
50.30 Sec. 2. Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to read:
50.31 Subdivision 1. Examination of records. The commissioner may enter during
50.32reasonable office hours or upon request and inspect the place of business or employment of
50.33any employer of employees working in the state, to examine and inspect books, registers,
50.34payrolls, and other records of any employer that in any way relate to wages, hours, and
50.35other conditions of employment of any employees. The commissioner may transcribe any
51.1or all of the books, registers, payrolls, and other records as the commissioner deems
51.2necessary or appropriate and may question the employees to ascertain compliance with
51.3sections
51.4complaints by an employee against an employer if the failure to pay a wage may violate
51.5Minnesota law or an order or rule of the department.
51.6 Sec. 3. Minnesota Statutes 2006, section 177.27, subdivision 4, is amended to read:
51.7 Subd. 4. Compliance orders. The commissioner may issue an order requiring an
51.8employer to comply with sections
51.10and 181.9325
51.11serve the order upon the employer or the employer's authorized representative in person or
51.12by certified mail at the employer's place of business. An employer who wishes to contest
51.13the order must file written notice of objection to the order with the commissioner within
51.1415 calendar days after being served with the order. A contested case proceeding must then
51.15be held in accordance with sections
51.16served with the order, the employer fails to file a written notice of objection with the
51.17commissioner, the order becomes a final order of the commissioner.
51.18 Sec. 4. Minnesota Statutes 2006, section 177.27, subdivision 5, is amended to read:
51.19 Subd. 5. Civil actions. (a) The commissioner may bring an action in the district
51.20court where an employer resides or where the commissioner maintains an office to enforce
51.21or require compliance with orders issued under subdivision 4.
51.22 (b) If the district court determines that a violation of section 181.932 or 181.9325
51.23occurred, the court may order any appropriate relief, including but not limited to
51.24reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory
51.25damages, and the expungement of any adverse records of a state employee or applicant
51.26for state employment who was the subject of the alleged acts of misconduct, and any
51.27appropriate relief as described in section 181.936.
51.28 Sec. 5. Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to read:
51.29 Subd. 8. Court actions; suits brought by private parties. An employee may bring
51.30a civil action seeking redress for a violation or violations of sections
51.31177.44 directly to district court. An employer who pays an employee less than the wages
51.32and overtime compensation to which the employee is entitled under sections
52.1overtime compensation, less any amount the employer is able to establish was actually
52.2paid to the employee and for an additional equal amount as liquidated damages. In
52.3addition, in an action under this subdivision the employee may seek damages and other
52.4appropriate relief provided by subdivision 7 and otherwise provided by law. An agreement
52.5between the employee and the employer to work for less than the applicable wage is not
52.6a defense to the action.
52.7 Sec. 6. Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to read:
52.8 Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
52.9be filed in the district court of the county wherein a violation or violations of sections
52.11or has a principal place of business, or any other court of competent jurisdiction. The
52.12action may be brought by one or more employees.
52.13 Sec. 7. Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to read:
52.14 Subd. 10. Attorney fees and costs. In any action brought pursuant to subdivision 8,
52.15the court shall order an employer who is found to have committed a violation or violations
52.16of sections
52.17disbursements, witness fees, and attorney fees.
52.18 Sec. 8. Minnesota Statutes 2006, section 177.27, is amended by adding a subdivision
52.19to read:
52.20 Subd. 11. Investigation of certain complaints. (a) The commissioner shall conduct
52.21an investigation of any matter that alleges a violation of sections 181.932 and 181.9325.
52.22The identity of the person providing the information that initiated the investigation shall
52.23be classified as private data, pursuant to section 13.02, subdivision 12, except that the
52.24identity may be disclosed to a law enforcement agency that is conducting a criminal
52.25investigation of the matter.
52.26 (b) For each investigation completed, if the commissioner determines that there is
52.27reasonable cause to believe that an employer has violated section 181.932 or 181.9325,
52.28the commissioner shall report the nature and details of the alleged violation to the head
52.29of the employing agency or the appropriate appointing authority. If appropriate, the
52.30commissioner shall report this information to the attorney general, the policy committees
52.31of the house of representatives and senate having jurisdiction over the subject involved,
52.32and to any other authority that the commissioner deems appropriate. In any case
52.33in which the commissioner submits a report of alleged violations to the head of the
53.1employing agency or appropriate appointing authority, that individual shall report to the
53.2commissioner with respect to any action taken by the individual regarding the activity, the
53.3first report being transmitted no later than 30 days after the date of the auditor's report,
53.4and monthly thereafter until final action has been taken.
53.5 (c) This subdivision shall not limit any authority conferred upon the attorney general
53.6or other department or agency of government to investigate and prosecute any matter.
53.7 (d) The commissioner shall have all the powers and authority described in this
53.8section to conduct investigations pursuant to this subdivision.
53.9 Sec. 9. [177.275] INVESTIGATION PROCEDURE.
53.10 (a) The commissioner shall initiate an investigation of a written complaint of
53.11reprisal or retaliation in public employment as prohibited by section 181.932 or 181.9325
53.12within ten working days of its submission. The commissioner shall complete findings
53.13of the investigation within 60 working days thereafter, and shall provide a copy of the
53.14findings to the complaining employee or applicant for employment and to the appropriate
53.15supervisor, manager, employee, or appointing authority. When the allegations contained
53.16in a complaint of reprisal or retaliation are the same as, or similar to, those contained in
53.17another appeal, the commissioner may consolidate the appeals into the most appropriate
53.18format. In these cases, the time limits described in this subdivision shall not apply.
53.19 (b) If the commissioner finds that the supervisor, manager, employee, or appointing
53.20power retaliated against the complainant for engaging in protected whistle-blower
53.21activities, the commissioner may issue a compliance order under section 177.27,
53.22subdivision 4.
53.23 (c) In order for the governor and the legislature to determine the need to continue
53.24or modify state personnel procedures as they relate to the investigations of reprisals or
53.25retaliation for the disclosure of information by public employees, the commissioner, by
53.26June 30 of each year, shall submit a report to the governor and the legislature regarding
53.27complaints filed, hearings held, and legal actions taken under this section.
53.28 Sec. 10. Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to read:
53.29 Subdivision 1. General authority. The commissioner may adopt rules, including
53.30definitions of terms, to carry out the purposes of sections
53.31prevent the circumvention or evasion of those sections, and to safeguard the minimum
53.32wage and overtime rates established by sections
54.1 Sec. 11. Minnesota Statutes 2006, section 177.30, is amended to read:
54.2177.30 KEEPING RECORDS; PENALTY.
54.3 Every employer subject to sections
54.4record of:
54.5 (1) the name, address, and occupation of each employee;
54.6 (2) the rate of pay, and the amount paid each pay period to each employee;
54.7 (3) the hours worked each day and each workweek by the employee;
54.8 (4) for each employer subject to sections 177.41 to 177.44, and while performing
54.9work on public works projects funded in whole or in part with state funds, the prevailing
54.10wage master job classification of each employee working on the project for each hour
54.11worked; and
54.12
54.13enforce sections
54.14premises where an employee works except each employer subject to sections 177.41 to
54.15177.44, and while performing work on public works projects funded in whole or in part
54.16with state funds, the records must be kept for three years after the contracting authority
54.17has made final payment on the public works project.
54.18 The commissioner may fine an employer up to $1,000 for each failure to maintain
54.19records as required by this section. This penalty is in addition to any penalties provided
54.20under section
54.21this subdivision, the appropriateness of such penalty to the size of the employer's business
54.22and the gravity of the violation shall be considered.
54.23 Sec. 12. Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to read:
54.24 Subd. 3. Contract requirements. The contract must specifically state the prevailing
54.25wage rates, prevailing hours of labor, and hourly basic rates of pay. The contract must also
54.26provide that the contracting authority may demand and the contractor or subcontractor
54.27shall furnish to the contracting authority, copies of any and all payrolls, and that the
54.28contracting authority may examine all records relating to wages paid laborers or mechanics
54.29on work to which sections 177.41 to 177.44 apply. The requirements of this subdivision
54.30are in addition to any other requirements or authority set forth in other laws or rules for
54.31work to which sections 177.41 to 177.44 apply.
54.32 Sec. 13. Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to read:
54.33 Subd. 4. Determination by commissioner; posting; petition for reconsideration.
54.34 The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all
55.1trades and occupations required in any project must be ascertained before the state asks for
55.2bids. The commissioner of labor and industry shall investigate as necessary to ascertain
55.3the information.
55.4on a public project shall keep the information posted on the project in at least one
55.5conspicuous place for the information of the employees working on the project. A person
55.6aggrieved by a final determination of the commissioner may petition the commissioner for
55.7reconsideration of findings. A person aggrieved by a decision of the commissioner after
55.8reconsideration may, within 20 days after the decision, petition the commissioner for a
55.9public hearing in the manner of a contested case under sections
55.10 Sec. 14. Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to read:
55.11 Subd. 6. Examination of records; investigation by the department. The
55.12Department of Labor and Industry shall enforce this section. The department may
55.13demand, and the contractor and subcontractor shall furnish to the department, copies
55.14of any or all payrolls. The department may examine all records relating to wages paid
55.15laborers or mechanics on work to which sections
55.16shall employ at least three investigators to perform on-site project reviews, receive and
55.17investigate complaints of violations of this section, and conduct training and outreach to
55.18contractors and contracting authorities for public works projects financed in whole or
55.19in part with state funds.
55.20 Sec. 15. Minnesota Statutes 2006, section 177.43, is amended by adding a subdivision
55.21to read:
55.22 Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
55.23employer pursuant to section 177.27, subdivision 4, for violation of sections 177.41 to
55.24177.44, the commissioner shall issue a withholding order to the contracting authority
55.25ordering the contracting authority to withhold payment of sufficient sum to the prime
55.26or general contractor on the project to satisfy the back wages assessed or otherwise
55.27cure the violation, and the contracting authority must withhold the sum ordered until
55.28the compliance order has become a final order of the commissioner and has been fully
55.29paid or otherwise resolved by the employer.
55.30 During an investigation of a violation of sections 177.41 to 177.44 which the
55.31commissioner reasonably determines is likely to result in the finding of a violation of
55.32sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
55.33177.27, subdivision 4, the commissioner may notify the contracting authority of the
55.34determination and the amount expected to be assessed and the contracting authority shall
56.1give the commissioner 90 days' prior notice of the date the contracting authority intends to
56.2make final payment.
56.3 Sec. 16. [181.723] INDEPENDENT CONTRACTORS.
56.4 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
56.5 (a) "Person" means any individual, limited liability corporation, corporation,
56.6partnership, incorporated or unincorporated association, sole proprietorship, joint stock
56.7company, or any other legal or commercial entity.
56.8 (b) "Department" means the Department of Labor and Industry.
56.9 (c) "Commissioner" means the commissioner of labor and industry or a duly
56.10designated representative of the commissioner who is either an employee of the
56.11Department of Labor and Industry or person working under contract with the Department
56.12of Labor and Industry.
56.13 (d) "Individual" means a human being.
56.14 (e) "Day" means calendar day unless otherwise provided.
56.15 (f) "Knowingly" means knew or could have known with the exercise of reasonable
56.16diligence.
56.17 (g) "Document" or "documents" includes papers; books; records; memoranda; data;
56.18contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
56.19records; accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars
56.20maintained in any form or manner.
56.21 Subd. 2. Limited application. (a) Except as otherwise provided in paragraph (b),
56.22this section only applies to individuals performing public or private sector commercial or
56.23residential building construction or improvement services as defined in section 326.83.
56.24(b) Subdivisions 1 to 6; 7, paragraph (a), clauses (1) to (4); and 8 to 16 do not
56.25apply to individuals licensed under section 326.84 as a residential building contractor
56.26or residential remodeler.
56.27 Subd. 3. Employee-employer relationship. Except as provided in subdivisions
56.282 and 4, for purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009,
56.29an individual who performs services for a person that are in the course of the person's
56.30trade, business, profession, or occupation is an employee of that person and that person
56.31is an employer of the individual.
56.32 Subd. 4. Independent contractor. An individual is an independent contractor and
56.33not an employee of the person for whom the individual is performing services in the course
56.34of the person's trade, business, profession, or occupation only if (a) the individual holds
56.35a current independent contractor exemption certificate issued by the commissioner; and
57.1(b) the individual is performing services for the person under the independent contractor
57.2exemption certificate as provided in subdivision 6. The requirements in clauses (a) and (b)
57.3must be met in order to qualify as an independent contractor and not as an employee of
57.4the person for whom the individual is performing services in the course of the person's
57.5trade, business, profession, or occupation.
57.6 Subd. 5. Application. To obtain an independent contractor exemption certificate,
57.7the individual must submit, in the manner prescribed by the commissioner, a complete
57.8application and the certificate fee required under subdivision 14.
57.9 (a) A complete application must include all of the following information:
57.10 (1) the individual's full name;
57.11 (2) the individual's residence address and telephone number;
57.12 (3) the individual's business name, address, and telephone number;
57.13 (4) the services for which the individual is seeking an independent contractor
57.14exemption certificate;
57.15 (5) the individual's Social Security number;
57.16 (6) the individual's or the individual's business federal employer identification
57.17number, if a number has been issued to the individual or the individual's business;
57.18 (7) any information or documentation that the commissioner requires by rule that
57.19will assist the department in determining whether to grant or deny the individual's
57.20application; and
57.21 (8) The individual's sworn statement that the individual meets all of the following
57.22conditions:
57.23 (i) the individual maintains a separate business with the individual's own office,
57.24equipment, materials, and other facilities;
57.25 (ii) the individual holds or has applied for a federal employer identification number
57.26or has filed business or self-employment income tax returns with the federal Internal
57.27Revenue Service if the person has performed services in the previous year for which the
57.28individual is seeking the independent contractor exemption certificate;
57.29 (iii) the individual operates under contracts to perform specific services for specific
57.30amounts of money and under which the individual controls the means of performing the
57.31services;
57.32 (iv) the individual incurs the main expenses related to the service that the individual
57.33performs under contract;
57.34 (v) the individual is responsible for the satisfactory completion of services that the
57.35individual contracts to perform and is liable for a failure to complete the service;
58.1 (vi) the individual receives compensation for service performed under a contract on
58.2a commission or per-job or competitive bid basis and not on any other basis;
58.3 (vii) the individual may realize a profit or suffer a loss under contracts to perform
58.4service;
58.5 (viii) the individual has continuing or recurring business liabilities or obligations; and
58.6 (ix) the success or failure of the individual's business depends on the relationship of
58.7business receipts to expenditures.
58.8 (b) Within 30 days of receiving a complete application and the certificate fee, the
58.9commissioner must either grant or deny the application. The commissioner may deny
58.10an application for an independent contractor exemption certificate if the individual has
58.11not submitted a complete application and certificate fee or if the individual does not
58.12meet all of the conditions for holding the independent contractor exemption certificate.
58.13The commissioner may revoke an independent contractor exemption certificate if the
58.14commissioner determines that the individual no longer meets all of the conditions for
58.15holding the independent contractor exemption certificate, commits any of the actions
58.16set out in subdivision 7, or fails to cooperate with a department investigation into the
58.17continued validity of the individual's certificate. Once issued, an independent contractor
58.18exemption certificate remains in effect for two years unless:
58.19 (1) revoked by the commissioner; or
58.20 (2) canceled by the individual.
58.21 (c) If the department denies an individual's original or renewal application for
58.22an independent contractor exemption certificate or revokes an independent contractor
58.23exemption certificate, the commissioner shall issue to the individual an order denying or
58.24revoking the certificate. The commissioner may issue an administrative penalty order to
58.25an individual or person who commits any of the actions set out in subdivision 7.
58.26 (d) An individual or person to whom the commissioner issues an order under
58.27paragraph (c) shall have 30 days after service of the order to request a hearing. The request
58.28for hearing must be in writing and must be served on or faxed to the commissioner at the
58.29address or fax number specified in the order by the 30th day after service of the order.
58.30If the individual does not request a hearing or if the individual's request for a hearing is
58.31not served on or faxed to the commissioner by the 30th day after service of the order, the
58.32order shall become a final order of the commissioner and will not be subject to review
58.33by any court or agency. The date on which a request for hearing is served by mail shall
58.34be the postmark date on the envelope in which the request for hearing is mailed. If the
58.35individual serves or faxes a timely request for hearing, the hearing shall be a contested
58.36case hearing and shall be held in accordance with chapter 14.
59.1 Subd. 6. Qualifications for exemption certificate. An individual is performing
59.2services for a person under an independent contractor exemption certificate if:
59.3 (a) the individual is performing services listed on the individual's independent
59.4contractor exemption certificate;
59.5 (b) at the time the individual is performing services listed on the individual's
59.6independent contractor exemption certificate, the individual meets all of the following
59.7conditions:
59.8 (1) the individual maintains a separate business with the individual's own office,
59.9equipment, materials, and other facilities;
59.10 (2) the individual holds or has applied for a federal employer identification number
59.11or has filed business or self-employment income tax returns with the federal Internal
59.12Revenue Service if the individual performed services in the previous year for which the
59.13individual has the independent contractor exemption certificate;
59.14 (3) the individual is operating under contract to perform the specific services for
59.15the person for specific amounts of money and under which the individual controls the
59.16means of performing the services;
59.17 (4) the individual is incurring the main expenses related to the services that the
59.18individual is performing for the person under the contract;
59.19 (5) the individual is responsible for the satisfactory completion of the services
59.20that the individual has contracted to perform for the person and is liable for a failure
59.21to complete the services;
59.22 (6) the individual receives compensation from the person for the services performed
59.23under the contract on a commission or per-job or competitive bid basis and not on any
59.24other basis;
59.25 (7) the individual may realize a profit or suffers a loss under the contract to perform
59.26services for the person;
59.27 (8) the individual has continuing or recurring business liabilities or obligations; and
59.28 (9) the success or failure of the individual's business depends on the relationship of
59.29business receipts to expenditures.
59.30 Subd. 7. Prohibited activities. (a) An individual shall not:
59.31 (1) perform work as an independent contractor who meets the qualifications under
59.32subdivision 6, without first obtaining from the department an independent contractor
59.33exemption certificate;
59.34 (2) perform work as an independent contractor when the department has denied or
59.35revoked the individual's independent contractor exemption certificate;
60.1 (3) transfer to another individual or allow another individual to use the individual's
60.2independent contractor exemption certificate;
60.3 (4) alter or falsify an independent contractor exemption certificate;
60.4 (5) misrepresent the individual's status as an independent contractor; or
60.5 (6) make a false material statement, representation, or certification; omit material
60.6information; or alter, conceal, or fail to file a document required by this section or any rule
60.7promulgated by the commissioner under rulemaking authority set out in this section.
60.8 (b) A person shall not:
60.9 (1) require an individual through coercion, misrepresentation, or fraudulent means to
60.10adopt independent contractor status;
60.11 (2) knowingly misrepresent that an individual who has not been issued an
60.12independent contractor exemption certificate or is not performing services for the person
60.13under an independent contractor exemption certificate is an independent contractor; or
60.14 (3) make a false material statement, representation, or certification; omit material
60.15information; or alter, conceal, or fail to file a document required by this section or any rule
60.16promulgated by the commissioner under rulemaking authority set out in this section.
60.17 (c) A person for whom an individual is performing services must obtain a copy of the
60.18individual's independent contractor exemption certificate before services may commence.
60.19A copy of the independent contractor exemption certificate must be retained for five years
60.20from the date of receipt by the person for whom an individual is performing services.
60.21 Subd. 8. Remedies. An individual or person who violates any provision of
60.22subdivision 7 is subject to a penalty to be assessed by the department of up to $5,000 for
60.23each violation. The department shall deposit penalties in the assigned risk safety account.
60.24 Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this
60.25section, the commissioner may:
60.26 (1) administer oaths and affirmations, certify official acts, interview, question, take
60.27oral or written statements, and take depositions;
60.28 (2) request, examine, take possession of, photograph, record, and copy any
60.29documents, equipment, or materials;
60.30 (3) at a time and place indicated by the commissioner, request persons to appear
60.31before the commissioner to give testimony and produce documents, equipment, or
60.32materials;
60.33 (4) issue subpoenas to compel persons to appear before the commissioner to give
60.34testimony and produce documents, equipment, or materials; and
61.1 (5) with or without notice, enter without delay upon any property, public or private,
61.2for the purpose of taking any action authorized under this subdivision or the applicable
61.3law, including obtaining information or conducting inspections or investigations.
61.4 (b) Persons requested by the commissioner to give testimony or produce documents,
61.5equipment, or materials shall respond within the time and in the manner specified by the
61.6commissioner. If no time to respond is specified in the request, then a response shall be
61.7submitted within 30 days of the commissioner's service of the request.
61.8 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
61.9owner's representative, or lessee's representative to permit the commissioner's entry onto
61.10property as provided in paragraph (a), the commissioner may apply for an administrative
61.11inspection order in the Ramsey County District Court or, at the commissioner's discretion,
61.12in the district court in the county in which the property is located. The commissioner may
61.13anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
61.14property owner's representative, or lessee's representative has refused to permit entry on a
61.15prior occasion or has informed the commissioner that entry will be refused. Upon showing
61.16of administrative probable cause by the commissioner, the district court shall issue an
61.17administrative inspection order that compels the property owner or lessee to permit the
61.18commissioner to enter the property for the purposes specified in paragraph (a).
61.19 (d) Upon the application of the commissioner, a district court shall treat the failure of
61.20any person to obey a subpoena lawfully issued by the commissioner under this subdivision
61.21as a contempt of court.
61.22 Subd. 10. Notice requirements. Unless otherwise specified, service of a document
61.23on a person under this section may be by mail, by personal service, or in accordance with
61.24any consent to service filed with the commissioner. Service by mail shall be accomplished
61.25in the manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service
61.26shall be accomplished in the manner provided in Minnesota Rules, part 1400.5550,
61.27subpart 3.
61.28 Subd. 11. Facsimile; timely service. When this section permits a request for
61.29hearing to be served by facsimile on the commissioner, the facsimile shall not exceed 15
61.30pages in length. The request shall be considered timely served if the facsimile is received
61.31by the commissioner, at the facsimile number identified by the commissioner in the order,
61.32no later than 4:30 p.m. central time on the last day permitted for faxing the request.
61.33Where the quality or authenticity of the faxed request is at issue, the commissioner
61.34may require the original request to be filed. Where the commissioner has not identified
61.35quality or authenticity of the faxed request as an issue and the request has been faxed in
62.1accordance with this subdivision, the person faxing the request does not need to file the
62.2original request with the commissioner.
62.3 Subd. 12. Time period computation. In computing any period of time prescribed
62.4or allowed by this section, the day of the act, event, or default from which the designated
62.5period of time begins to run shall not be included. The last day of the period so computed
62.6shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the
62.7period runs until the next day which is not a Saturday, Sunday, or legal holiday.
62.8 Subd. 13. Rulemaking. The commissioner may, in consultation with the
62.9commissioner of revenue and the commissioner of employment and economic
62.10development, adopt, amend, suspend, and repeal rules under the rulemaking provisions
62.11of chapter 14 that relate to the commissioner's responsibilities under this section. This
62.12subdivision is effective the day following final enactment.
62.13 Subd. 14. Fee. The certificate fee for the original application and for the renewal of
62.14an independent contractor exemption certificate shall be $150. Fees collected under this
62.15subdivision are deposited in the general fund.
62.16 Subd. 15. Notice to commissioner; review by commissioner of revenue. When
62.17the commissioner has reason to believe that an individual who holds a certificate has failed
62.18to maintain all the conditions required by subdivision 3 or is not performing services for a
62.19person under the independent contractor exemption certificate, the commissioner must
62.20notify the commissioner of revenue and the commissioner of employment and economic
62.21development. Upon receipt of notification from the commissioner that an individual who
62.22holds a certificate has failed to maintain all the conditions required by subdivision 3
62.23or is not performing services for a person under the independent contractor exemption
62.24certificate, the commissioner of revenue must review the information returns required
62.25under section 6041A of the Internal Revenue Code. The commissioner of revenue shall
62.26also review the submitted certification that is applicable to returns audited or investigated
62.27under section 289A.35.
62.28 Subd. 16. Data classified. Certificates containing the certificate number, the name
62.29of the certificate holder, and the name of the business, issued by the commissioner,
62.30are public data. Applications and required documentation submitted by an individual
62.31is private data on an individual. Upon request of the Department of Revenue or the
62.32Department of Employment and Economic Development, the commissioner may release
62.33to the Department of Revenue and the Department of Employment and Economic
62.34Development applications and required documentation submitted by individuals and
62.35investigative data that relates to the department's issuance or denial of applications and the
63.1department's revocations of certificates. Except as otherwise provided by this subdivision,
63.2the department's investigative data shall be classified as provided in chapter 13.
63.3EFFECTIVE DATE.This section is effective July 1, 2008.
63.4 Sec. 17. [181.724] PERFORMERS IN RECORDED MEDIA INDUSTRY.
63.5 Subdivision 1. Definitions. The definitions in this subdivision apply to section
63.6181.724.
63.7 (a) "Performer" means actor, announcer, singer, dancer, narrator, stunt-person, extra,
63.8or any other individual generically or customarily referred to as talent in the recorded
63.9media industry.
63.10 (b) "Recorded media industry" means radio or television commercial production,
63.11nonbroadcast audio or video production, sound recording, audio or video production for
63.12the internet, or any other recording technology.
63.13 (c) "Individual" means a human being.
63.14 (d) "Person" means any individual, limited liability corporation, corporation,
63.15partnership, incorporated or unincorporated association, sole proprietorship, joint stock
63.16company, or any other legal or commercial entity.
63.17 Subd. 2. Limited application. This section applies only to individuals who
63.18are performers in the recorded media industry. This section does not apply to live
63.19performances.
63.20 Subd. 3. Employee-employer relationship. For the purposes of chapters 176,
63.21177, 181A, 182, and 268, an individual who provides services as a performer in the
63.22recorded media industry for a person that are in the course of the person's trade, business,
63.23profession, or occupation is an employee of that person and that person is an employer of
63.24the individual.
63.25 Subd. 4. Civil remedy. An individual who has been injured by a violation of this
63.26section may bring a civil action for damages against the violator. If the individual is
63.27an employee of the violator of this section, the employee's representative, as defined in
63.28section 179.01, subdivision 5, may bring a civil action for damages against the violator on
63.29behalf of the employee. The court may award attorney fees, costs, and disbursement to an
63.30individual recovering under this section.
63.31 Subd. 5. Reporting of violations. Any court finding that a violation of this section
63.32has occurred shall transmit a copy of its findings of fact and conclusions of law to the
63.33commissioner of labor and industry. The commissioner of labor and industry shall report
63.34the finding to relevant state and federal agencies, including the commissioner of commerce,
64.1the commissioner of employment and economic development, the commissioner of
64.2revenue, the federal Internal Revenue Service, and the United States Department of Labor.
64.3EFFECTIVE DATE.This section is effective January 1, 2008.
64.4 Sec. 18. Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to read:
64.5 Subdivision 1. Prohibited action. An employer shall not discharge, discipline,
64.6threaten, otherwise discriminate against, or penalize an employee regarding the employee's
64.7compensation, terms, conditions, location, or privileges of employment because:
64.8 (a) the employee, or a person acting on behalf of an employee, in good faith, reports
64.9a violation or suspected violation of any federal or state law or rule adopted pursuant
64.10to law to an employer or to any governmental body or law enforcement official and
64.11the alleged violation involves a matter of public concern, including, but not limited to,
64.12violations that create a specific danger to the public health, safety, or environment;
64.13 (b) the employee is requested by a public body or office to participate in an
64.14investigation, hearing, inquiry;
64.15 (c) the employee refuses an employer's order to perform an action that the employee
64.16has an objective basis in fact to believe violates any state or federal law or rule or
64.17regulation adopted pursuant to law which violation the employee reasonably believes
64.18is a matter of public concern, including, but not limited to, violations that create a
64.19specific danger to the public health, safety, or environment, and the employee informs the
64.20employer that the order is being refused for that reason;
64.21 (d) the employee, in good faith, reports a situation in which the quality of health care
64.22services provided by a health care facility, organization, or health care provider violates a
64.23standard established by federal or state law or a professionally recognized national clinical
64.24or ethical standard and potentially places the public at risk of harm
64.25 (e) a public employee refuses to alter, dilute, or suppress the objective representation
64.26or communication of scientific or technical data or findings, including but not limited to,
64.27findings of economic or environmental impact, or findings indicating consequences for
64.28the public's health or safety; or
64.29 (f) a public employee communicates the findings of a scientific or technical study
64.30that the employee, in good faith, believes to be truthful and accurate, including reports to a
64.31governmental body or law enforcement official.
64.32The disclosures protected pursuant to this section do not authorize the disclosure of trade
64.33secret information otherwise protected by law.
65.1 Sec. 19. [181.9325] USE OF AUTHORITY TO INFLUENCE OR INTERFERE
65.2WITH DISCLOSURE OF INFORMATION.
65.3 (a) A public employer may not directly or indirectly use or attempt to use the
65.4employer's official authority or influence for the purpose of intimidating, threatening,
65.5coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of
65.6interfering with the rights described in section 181.932, or for the purpose of persuading
65.7the person to waive or disclaim any other legal rights related to the person's employment.
65.8 (b) For purposes of this section, "use of official authority or influence" includes:
65.9promising to confer, or conferring, any benefit; effecting, or threatening to effect, any
65.10reprisal; or taking, or directing others to take, or recommending, processing, or approving,
65.11any personnel action, including but not limited to appointment, promotion, transfer,
65.12assignment, performance evaluation, suspension, or other disciplinary action.
65.13 Sec. 20. Minnesota Statutes 2006, section 181.935, is amended to read:
65.14181.935 INDIVIDUAL REMEDIES; PENALTY.
65.15 (a) In addition to any remedies otherwise provided by law, an employee injured
65.16by a violation of section
65.17and all damages recoverable at law, together with costs and disbursements, including
65.18reasonable attorney's fees, and may receive such injunctive and other equitable relief as
65.19determined by the court.
65.20 (b) An employer who failed to notify, as required under section
65.21an employee injured by a violation of section
65.22per day per injured employee not to exceed $750 per injured employee.
65.23 Sec. 21. [181.936] REPRISALS FOR DISCLOSURE OF IMPROPER
65.24GOVERNMENTAL ACTIVITIES; COMPLAINT PROCEDURE; PENALTIES.
65.25 (a) A public employee or applicant for public employment who files a written
65.26complaint with the employee's or applicant's supervisor, manager, or the appointing
65.27power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or
65.28similar improper acts prohibited by section 181.9325, may also file a copy of the written
65.29complaint with the commissioner of labor and industry, together with a sworn statement
65.30that the contents of the written complaint are true, or are believed by the affiant to be true,
65.31under penalty of perjury. The complaint filed with the commissioner shall be filed within
65.3212 months of the most recent act of reprisal complained about.
65.33 (b) Any person who intentionally engages in acts of reprisal, retaliation, threats,
65.34coercion, or similar acts against a public employee or applicant for public employment
66.1for having made a protected disclosure under section 181.932, is subject to a fine not to
66.2exceed $10,000 and imprisonment in the county jail for a period not to exceed one year.
66.3 (c) In addition to all other penalties provided by law, any person who intentionally
66.4engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public
66.5employee or applicant for public employment for having made a protected disclosure shall
66.6be liable in an action for damages brought against the person by the injured party. Punitive
66.7damages may be awarded by the court where the acts of the offending party are proven to
66.8be malicious. Where liability has been established, the injured party shall also be entitled
66.9to reasonable attorney fees as provided by law. However, any action for damages shall not
66.10be available to the injured party unless the injured party has first filed a complaint with the
66.11commissioner of labor and industry under paragraph (a), and the department has issued, or
66.12failed to issue, findings under section 177.275.
66.13 (d) This section is not intended to prevent an appointing power, manager, or
66.14supervisor from taking, directing others to take, recommending, or approving any
66.15personnel action or from taking or failing to take a personnel action with respect to any
66.16public employee or applicant for public employment if the appointing power, manager, or
66.17supervisor reasonably believes any action or inaction is justified on the basis of evidence
66.18separate and apart from the fact that the person has made a protected disclosure under
66.19section 181.932.
66.20 (e) In any civil action or administrative proceeding, once it has been demonstrated
66.21by a preponderance of evidence that an activity protected by sections 177.27, 177.275,
66.22181.932, and 181.9325 was a contributing factor in the alleged retaliation against a former,
66.23current, or prospective employee, the burden of proof shall be on the supervisor, manager,
66.24or appointing power to demonstrate by clear and convincing evidence that the alleged
66.25action would have occurred for legitimate, independent reasons even if the employee had
66.26not engaged in protected disclosures or refused an illegal order. If the supervisor, manager,
66.27or appointing power fails to meet this burden of proof in an adverse action against the
66.28employee in any administrative review, challenge, or adjudication in which retaliation
66.29has been demonstrated to be a contributing factor, the employee shall have a complete
66.30affirmative defense in the adverse action.
66.31 (f) Nothing in sections 177.27, 177.275, 181.932, and 181.9325 shall be deemed to
66.32diminish the rights, privileges, or remedies of any employee under any other federal or
66.33state law or under any employment contract or collective bargaining agreement.
66.34 Sec. 22. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
67.1 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
67.2during some part of the period of the sales representative agreement:
67.3 (1) is a resident of Minnesota or maintains that person's principal place of business
67.4in Minnesota; or
67.5 (2) whose geographical territory specified in the sales representative agreement
67.6includes part or all of Minnesota.
67.7 (b) To be effective, any demand for arbitration under subdivision 5 must be made
67.8in writing and delivered to the principal on or before one year after the effective date of
67.9the termination of the agreement.
67.10 (c) A provision in any contract between a sales representative dealing in plumbing
67.11equipment or supplies and a principal purporting to waive any provision of this act,
67.12whether by express waiver or by a provision stipulating that the contract is subject to the
67.13laws of another state, shall be void.
67.14 Sec. 23. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
67.15 Subdivision 1. Rules. The state
67.16rule, prescribe minimum standards which shall be uniform, and which standards shall
67.17thereafter be effective for all new plumbing installations, including additions, extensions,
67.18alterations, and replacements connected with any water or sewage disposal system owned
67.19or operated by or for any municipality, institution, factory, office building, hotel, apartment
67.20building, or any other place of business regardless of location or the population of the
67.21city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
67.224715.3130, as they apply to review of plans and specifications, the commissioner may
67.23allow plumbing construction, alteration, or extension to proceed without approval of the
67.24plans or specifications by the commissioner.
67.25 Except for powers granted to the Plumbing Board, the commissioner of labor and
67.26industry shall administer the provisions of sections
67.27may employ plumbing inspectors and other assistants.
67.28 Sec. 24. Minnesota Statutes 2006, section 326.37, is amended by adding a subdivision
67.29to read:
67.30 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
67.31Mechanical devices and fittings with internal moving parts are prohibited from installation
67.32in plumbing venting systems.
67.33 (b) All urinals covered under the jurisdiction of the state plumbing code must have a
67.34water flush device with a volume of not more than one gallon per use.
68.1 Sec. 25. [326.372] PLUMBING BOARD.
68.2 Subdivision 1. Composition. (a) The Plumbing Board shall consist of 12 voting
68.3members who must be residents of the state, appointed by the governor, and confirmed
68.4by the senate. The commissioner of labor and industry or the commissioner's designee
68.5shall be a voting member. The first appointed board members shall serve an initial term
68.6of four years, except where designated otherwise. The governor shall then reappoint the
68.7current members or appoint replacement members, all or in part, to subsequent three-year
68.8terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
68.9occurring with less than six months time remaining in the term shall be filled for the
68.10existing term and the following three-year term. Of the 11 appointed members, the
68.11composition shall be as follows:
68.12 (1) two members shall be municipal plumbing inspectors, one from the seven-county
68.13metro area and one from greater Minnesota;
68.14 (2) one member shall be a licensed mechanical engineer;
68.15 (3) two members serving an initial term of three years shall be plumbing contractors
68.16or the representative of the contractor, engaged in a commercial scope of plumbing
68.17contracting, one from the metropolitan area and one from greater Minnesota;
68.18 (4) two members serving an initial term of three years shall be plumbing contractors
68.19or their representatives, engaged in the residential scope of plumbing contracting, one
68.20from the metro area and one from greater Minnesota;
68.21 (5) two members serving an initial term of two years shall be plumbing
68.22journeypersons engaged in a commercial scope of plumbing systems installation, one
68.23from the metro area and one from greater Minnesota; and
68.24 (6) two members serving an initial term of two years shall be plumbing
68.25journeypersons engaged in a residential scope of plumbing systems installation, one from
68.26the metro area and one from greater Minnesota.
68.27 (b) Except for the licensed mechanical engineer, all persons appointed to the
68.28council must possess a current Minnesota plumbing license and maintain the license for
68.29the duration of their term.
68.30 Subd. 2. Powers. (a) The board shall have the power to:
68.31 (1) elect its chair;
68.32 (2) specify the plumbing code that must be followed in this state;
68.33 (3) maintain a review process to make determinations regarding any complaints,
68.34code amendments, code compliance, and code clarifications filed with the board;
68.35 (4) adopt rules necessary for the regulation and licensing of contractors,
68.36journeypersons, apprentices, and other persons engaged in the design, installation, and
69.1alteration of plumbing systems that would include the issuing, renewing, revoking,
69.2refusing to renew, and suspending a plumbing license, except for persons licensed under
69.3sections 326.02 to 326.15;
69.4 (5) adopt rules necessary for continuing education for individuals regulated and
69.5licensed under this section;
69.6 (6) make recommendations to the commissioner regarding educational requirements
69.7for plumbing inspectors; and
69.8 (7) pay expenses deemed necessary in the performance of board duties, including:
69.9 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
69.10subdivision 2; and
69.11 (ii) per diem and expenses for its members as provided in section 15.0575,
69.12subdivision 3.
69.13 (b) Requests under the review process in paragraph (a), clause (3), may originate
69.14with the municipal inspectors, the plumbing contractors or their employees, and other
69.15persons engaged in the design, installation, and alteration of plumbing systems. The board
69.16shall make its findings known to all parties and the commissioner of labor and industry
69.17within the time period specified by the board.
69.18 Subd. 3. Fees and finances. The board shall submit an annual budget to the
69.19commissioner of labor and industry. The commissioner shall collect fees under section
69.20326.42 necessary for the operation and continuance of the board. The commissioner is
69.21responsible for the enforcement of the codes and licensing requirements determined by
69.22the board. The board shall recommend the fees for licenses and certification under this
69.23section. The commissioner of finance shall make a quarterly certification of the amount
69.24necessary to pay expenses required for operation of the board under subdivision 2,
69.25paragraph (a), clause (6). The certified amount is appropriated in fiscal years 2008 and
69.262009 to the board for those purposes from the fees collected under section 326.42.
69.27 Subd. 4. Transfer of authority; Plumbing Board. The authority of the
69.28commissioners of health and labor and industry to adopt rules relating to plumbers is
69.29transferred to the Plumbing Board. Licenses and permits currently in effect remain in
69.30effect according to their terms unless affected by board action. Rules adopted by the
69.31commissioner of health or labor and industry remain in effect until amended or repealed
69.32by the board. The commissioner of administration may not use the authority under section
69.3316B.37 to modify the transfers of authority in this act.
69.34 Subd. 5. First meeting; appointments for Plumbing Board. The governor must
69.35complete the appointments required by section 326.372 no later than July 1, 2007. The
70.1commissioner of labor and industry shall convene the first meeting of the Plumbing Board
70.2no later than September 1, 2007.
70.3 Sec. 26. Minnesota Statutes 2006, section 326.38, is amended to read:
70.4326.38 LOCAL REGULATIONS.
70.5 Any city having a system of waterworks or sewerage, or any town in which reside
70.6over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
70.7airports commission, may, by ordinance, adopt local regulations providing for plumbing
70.8permits, bonds, approval of plans, and inspections of plumbing, which regulations are
70.9not in conflict with the plumbing standards on the same subject prescribed by the state
70.10
70.11licensed by the state commissioner of
70.12working at the business, except cities and statutory cities which, prior to April 21, 1933,
70.13by ordinance required the licensing of plumbers. No city or town may require a license
70.14for persons performing building sewer or water service installation who have completed
70.15pipe laying training as prescribed by the commissioner of labor and industry. Any city
70.16by ordinance may prescribe regulations, reasonable standards, and inspections and grant
70.17permits to any person, firm, or corporation engaged in the business of installing water
70.18softeners, who is not licensed as a master plumber or journeyman plumber by the state
70.19commissioner of
70.20equipment to private residence water distribution systems, where provision has been
70.21previously made therefor and openings left for that purpose or by use of cold water
70.22connections to a domestic water heater; where it is not necessary to rearrange, make any
70.23extension or alteration of, or addition to any pipe, fixture or plumbing connected with
70.24the water system except to connect the water softener, and provided the connections so
70.25made comply with minimum standards prescribed by the state
70.26Plumbing Board.
70.27 Sec. 27. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
70.28 Subdivision 1. License required
70.29
70.30
70.31engage in or work at the business of a master plumber
70.32journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
70.33state commissioner of
70.34performing building sewer or water service installation who have completed pipe laying
71.1training as prescribed by the commissioner of labor and industry. A master plumber may
71.2also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
71.3master plumber. A journeyman plumber may also work as a restricted journeyman
71.4plumber. Anyone not so licensed may do plumbing work which complies with the
71.5provisions of the minimum standard prescribed by the state
71.6Plumbing Board on premises or that part of premises owned and actually occupied by the
71.7worker as a residence, unless otherwise forbidden to do so by a local ordinance.
71.8
71.9installing plumbing nor install plumbing in connection with the dealing in and selling
71.10of plumbing material and supplies unless at all times a licensed master plumber, or in
71.11cities and towns with a population of fewer than 5,000 according to the federal census a
71.12restricted master plumber, who shall be responsible for proper installation, is in charge
71.13of the plumbing work of the person, firm, or corporation.
71.14 The
71.15herewith, for the examination and licensing of plumbers.
71.16 Sec. 28. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
71.17 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
71.18of practical plumbing experience is eligible to take the journeyman plumbing examination.
71.19Up to 24 months of practical plumbing experience prior to registration as an apprentice
71.20may be applied to the four-year experience requirement. However, none of this practical
71.21plumbing experience may be applied if the person did not have any practical plumbing
71.22experience in the 12-month period immediately prior to registration. The
71.23Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
71.24experience is applicable in preparing for the journeyman's examination. If two years
71.25after completing the training the person has not taken the examination, the four years
71.26of experience shall be forfeited.
71.27 The commissioner may allow an extension of the two-year period for taking the
71.28exam for cases of hardship or other appropriate circumstances.
71.29 Sec. 29. [326.402] RESTRICTED PLUMBER LICENSE.
71.30 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
71.31restricted journeyman or master plumber license to an individual if:
71.32 (1) the individual completes an application with information required by the
71.33commissioner of labor and industry;
71.34 (2) the completed application is accompanied by a fee of $90;
72.1 (3) the commissioner of labor and industry receives the completed application and
72.2fee before January 1, 2008;
72.3 (4) the completed application demonstrates that the applicant has had at least two
72.4years for a restricted journeyman plumber license or four years for a restricted master
72.5plumber license of practical plumbing experience in the plumbing trade prior to the
72.6application; and
72.7 (5) during the entire time for which the applicant is claiming experience in
72.8contracting for plumbing work under clause (4), the applicant was in compliance with all
72.9applicable requirements of section 326.40.
72.10 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
72.11plumber may engage in the plumbing trade in all areas of the state except in cities and
72.12towns with a population of more than 5,000 according to the federal census.
72.13 Subd. 3. Application period. Applications for restricted master plumber and
72.14restricted journeyman plumber licenses must be submitted to the commissioner prior
72.15to January 1, 2008.
72.16 Subd. 4. Renewal; use period for license. A restricted master plumber and
72.17restricted journeyman plumber license must be renewed annually for as long as that
72.18licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
72.19restricted journeyman plumber license within 12 months after the expiration date will
72.20result in permanent forfeiture of the restricted master plumber and restricted journeyman
72.21plumber license.
72.22 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
72.23journeyman plumber license may not be transferred or sold to any other person.
72.24 Subd. 6. Bond; insurance. A restricted master plumber licensee is subject to the
72.25bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
72.26provided by section 326.40, subdivision 3, applies.
72.27 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
72.28journeyman plumber licenses is the same fee as for a master or journeyman plumber
72.29license, respectively.
72.30 Sec. 30. Minnesota Statutes 2006, section 326.405, is amended to read:
72.31326.405 RECIPROCITY WITH OTHER STATES.
72.32
72.33
72.34
72.35
73.1
73.2license without examination, upon payment of the required fee, nonresident applicants
73.3who are licensed under the laws of a state having standards for licensing which the
73.4commissioner determines are substantially equivalent to the standards of this state if
73.5the other state grants similar privileges to Minnesota residents duly licensed in this
73.6state. Applicants who receive a temporary license under this section may acquire an
73.7aggregate of 24 months of experience before they have to apply and pass the licensing
73.8examination. Applicants must register with the commissioner of labor and industry and
73.9the commissioner shall set a fee for a temporary license. Applicants have five years in
73.10which to comply with this section.
73.11 Sec. 31. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
73.12 Subdivision 1. Application. Applications for plumber's license shall be made to the
73.13state commissioner of
73.14to a renewal, the applicant shall be licensed by the state commissioner of
73.15industry only after passing a satisfactory examination administered by the
73.16commissioner of labor and industry, based upon rules adopted by the Plumbing Board
73.17showing fitness. Examination fees for both journeyman and master plumbers shall be in
73.18an amount prescribed by the state commissioner of
73.19section
73.20for original license the applicant shall submit an application, with the license fee herein
73.21provided. License fees shall be in an amount prescribed by the state commissioner of
73.22
73.23renewed as prescribed by the commissioner pursuant to section
73.24 Sec. 32. Minnesota Statutes 2006, section 341.28, subdivision 2, is amended to read:
73.25 Subd. 2. Regulatory authority; tough person contests. All tough person contests,
73.26including amateur tough person contests, are subject to this chapter. All tough person
73.27contests are subject to American Boxing Commission (ABC) rules. Every contestant
73.28in a tough person contest shall have a physical examination prior to their bouts. Every
73.29contestant in a tough person contest shall wear padded gloves that weigh at least 12
73.30ounces. All tough person bouts are limited to two-minute rounds and a maximum of four
73.31total rounds. Officials at tough person bouts shall be licensed under this chapter.
73.32 Sec. 33. Minnesota Statutes 2006, section 341.28, is amended by adding a subdivision
73.33to read:
74.1 Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts,
74.2ultimate fight contests, and similar sporting events are subject to this chapter.
74.3 Sec. 34. Minnesota Statutes 2006, section 341.32, subdivision 2, is amended to read:
74.4 Subd. 2. Expiration and renewal. A license
74.5
74.6the date it is issued and may be renewed by filing an application for renewal with the
74.7commission and payment of the license fee. An application for a license and renewal of a
74.8license must be on a form provided by the commission. There is a 30-day grace period
74.9during which a license may be renewed if a late filing penalty fee equal to the license fee
74.10is submitted with the regular license fee. A licensee that files late shall not conduct any
74.11activity regulated by this chapter until the commission has renewed the license. If the
74.12licensee fails to apply to the commission within the 30-day grace period, the licensee must
74.13apply for a new license under subdivision 1.
74.14 Sec. 35. Minnesota Statutes 2006, section 341.321, is amended to read:
74.15341.321 FEE SCHEDULE.
74.16 (a) The fee schedule for licenses issued by the Minnesota Boxing Commission
74.17is as follows:
74.18 (1) referees,
74.19 (2) promoters, $400 for each initial license and each renewal;
74.20 (3) judges and knockdown judges,
74.21 (4) trainers,
74.22 (5) ring announcers,
74.23 (6) boxers' seconds,
74.24 (7) timekeepers,
74.25 (8) boxers,
74.26 (9) managers, $45 for each initial license and each renewal; and
74.27 (10) ringside physicians, $45 for each initial license and each renewal.
74.28 (b) The commission shall establish and assess an event fee for each sporting event.
74.29The event fee is set at a minimum of $1,500 per event or a percentage of the ticket sales as
74.30determined by the commission when the sporting event is scheduled.
74.31 (c) All fees collected by the Minnesota Boxing Commission must be deposited in
74.32the Boxing Commission account in the special revenue fund.
74.33 Sec. 36. REPEALER.
75.1Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and 326.45, are
75.2repealed.
75.3EFFECTIVE DATE.Sections 176.042 and 286.035, subdivision 9, are repealed
75.4effective January 1, 2009.
75.7 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
75.8326.46 SUPERVISION OF HIGH PRESSURE PIPING.
75.9 The Department of Labor and Industry shall supervise all high pressure piping
75.10used on all projects in this state
75.11
75.12 The department shall employ inspectors and other assistants to carry out the
75.13provisions of sections
75.14 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
75.15to read:
75.16 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
75.17 Sec. 3. Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
75.18 Subd. 2. Permissive municipal regulation. A municipality may, by ordinance,
75.19provide for the inspection of high pressure piping system materials and construction, and
75.20provide that it shall not be constructed or installed except in accordance with minimum
75.21state standards. The authority designated by the ordinance for issuing high pressure piping
75.22permits and assuring compliance with state standards must report to the Department of
75.23Labor and Industry all violations of state high pressure piping standards.
75.24 A municipality may not adopt an ordinance with high pressure piping standards that
75.25does not conform to the uniform standards prescribed by the
75.26
75.27minimum qualifications for municipal inspectors.
75.28 Sec. 4. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
75.29 Subd. 6. Filing and inspection fees. The Department of Labor and Industry
75.30must charge a filing fee set by the
75.31applications for permits to construct or install high pressure piping systems. The fee for
76.1inspection of high pressure piping system construction or installation shall be set by the
76.2commissioner in consultation with the board under section
76.3does not apply where a permit is issued by a municipality complying with subdivision 2.
76.4 Sec. 5. [326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
76.5 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems shall
76.6consist of 12 members who must be residents of the state, appointed by the governor, and
76.7confirmed by the senate. The commissioner of the Department of Labor and Industry or
76.8the commissioner's designee shall be a voting member. The first appointed board members
76.9shall serve an initial term of four years, except where designated otherwise. The governor
76.10shall then reappoint the current members or appoint replacement members, all or in part, to
76.11subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion
76.12of the term. Vacancies occurring with less than six months time remaining in the term
76.13shall be filled for the existing term and the following three-year term. Of the 11 appointed
76.14members, the composition shall be as follows:
76.15 (1) one member shall be a high pressure piping inspector;
76.16 (2) one member shall be a licensed mechanical engineer;
76.17 (3) one member shall be a representative of the piping industry;
76.18 (4) four members shall be high pressure piping contractors or their representatives,
76.19engaged in the scope of high pressure piping, two from the metro area and two from
76.20greater Minnesota;
76.21 (5) two members shall be high pressure piping journeypersons engaged in the scope
76.22of high pressure piping systems installation, one from the metro area and one from greater
76.23Minnesota; and
76.24 (6) two members shall be representatives from utility companies in Minnesota
76.25who shall serve an initial term of two years.
76.26 (b) Except for the licensed mechanical engineer and the members from utilities
76.27companies, all persons appointed to the board must possess a current license or
76.28competency credential required for contractors and persons engaged in the design,
76.29installation, alteration, and inspection of high pressure piping systems.
76.30 Subd. 2. Powers. (a) The board shall have the power to:
76.31 (1) elect its chair;
76.32 (2) specify the high pressure piping code that must be followed in Minnesota;
76.33 (3) maintain an appeals committee to make determinations regarding any complaints,
76.34code amendments, code compliance, and code clarifications filed with the board;
77.1 (4) adopt rules necessary for the regulation and licensing of contractors,
77.2journeypersons, trainees, and persons engaged in the design, installation, alteration, and
77.3inspection of high pressure piping systems, except for persons licensed under sections
77.4326.02 to 326.15;
77.5 (5) adopt rules necessary for continuing education for individuals regulated and
77.6licensed under this section; and
77.7 (6) pay expenses deemed necessary in the performance of board duties, including:
77.8 (i) rent, utilities, and supplies in the manner and amount specified in section 43A.18,
77.9subdivision 2; and
77.10 (ii) per diem and expenses for its members as provided in section 15.0575,
77.11subdivision 3.
77.12 (b) Complaints filed under this section may originate with high pressure piping
77.13inspectors, contractors, or their employees, or other persons engaged in the design,
77.14installation, and alteration of a high pressure piping system. The board shall make their
77.15findings known to all parties and the commissioner of the Department of Labor and
77.16Industry within the time period specified by the board.
77.17 Subd. 3. Fee and finances. The board shall submit an annual budget to the
77.18commissioner of the Department of Labor and Industry. The commissioner shall collect
77.19fees under section 326.47, subdivision 6, necessary for the operation and continuance of
77.20the board. The commissioner is responsible for the enforcement of the codes and licensing
77.21requirements determined by the board. The board shall recommend the fees for licenses
77.22and certification under this section and for all high pressure piping system permits and
77.23submit the fee structure to the commissioner of labor and industry. The commissioner
77.24of finance shall make a quarterly certification of the amount necessary to pay expenses
77.25required for operation of the board under subdivision 2, paragraph (a), clause (6). The
77.26certified amount is appropriated in fiscal years 2008 and 2009 to the board for those
77.27purposes from the fees collected under section 326.50.
77.28 Sec. 6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
77.29 Subdivision 1. License required; rules; time credit. No person shall engage in
77.30or work at the business of a contracting pipefitter unless issued an individual contracting
77.31pipefitter license to do so by the Department of Labor and Industry under rules prescribed
77.32by the board. No license shall be required for repairs on existing installations. No
77.33person shall engage in or work at the business of journeyman pipefitter unless issued an
77.34individual journeyman pipefitter competency license to do so by the Department of Labor
78.1and Industry under rules prescribed by the board. A person possessing an individual
78.2contracting pipefitter competency license may also work as a journeyman pipefitter.
78.3 No person, partnership, firm, or corporation shall install high pressure piping, nor
78.4install high pressure piping in connection with the dealing in and selling of high pressure
78.5pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
78.6individual competency license or a journeyman pipefitter individual competency license is
78.7responsible for the high pressure pipefitting work conducted by the person, partnership,
78.8firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
78.9 The
78.10herewith, for the examination and individual competency licensing of contracting
78.11pipefitters and journeyman pipefitters and for issuance of permits by the department and
78.12municipalities for the installation of high pressure piping.
78.13 An employee performing the duties of inspector for the Department of Labor and
78.14Industry in regulating pipefitting shall not receive time credit for the inspection duties
78.15when making an application for a license required by this section.
78.16 Sec. 7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
78.17 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
78.18for high pressure piping work, a person, partnership, firm, or corporation must obtain or
78.19utilize a business with a high pressure piping business license.
78.20 A person, partnership, firm, or corporation must have at all times as a full-time
78.21employee at least one individual holding an individual contracting pipefitter competency
78.22license. Only full-time employees who hold individual contracting pipefitter licenses
78.23are authorized to obtain high pressure piping permits in the name of the business. The
78.24individual contracting pipefitter competency license holder can be the employee of only
78.25one high pressure piping business at a time.
78.26 To retain its business license without reapplication, a person, partnership, firm, or
78.27corporation holding a high pressure piping business license that ceases to employ a person
78.28holding an individual contracting pipefitter competency license shall have 60 days from
78.29the last day of employment of its previous individual contracting pipefitter competency
78.30license holder to employ another license holder. The Department of Labor and Industry
78.31must be notified no later than five days after the last day of employment of the previous
78.32license holder.
78.33 No high pressure pipefitting work may be performed during any period when the
78.34high pressure pipefitting business does not have an individual contracting pipefitter
79.1competency license holder on staff. If a license holder is not employed within 60 days,
79.2the pipefitting business license shall lapse.
79.3 The
79.4application for and issuance of business licenses and fees.
79.5 Sec. 8. Minnesota Statutes 2006, section 326.48, is amended by adding a subdivision
79.6to read:
79.7 Subd. 6. Reciprocity with other states. The commissioner may issue a temporary
79.8license without examination, upon payment of the required fee, nonresident applicants
79.9who are licensed under the laws of a state having standards for licensing which the
79.10commissioner determines are substantially equivalent to the standards of this state if
79.11the other state grants similar privileges to Minnesota residents duly licensed in this
79.12state. Applicants who receive a temporary license under this section may acquire an
79.13aggregate of 24 months of experience before they have to apply and pass the licensing
79.14examination. Applicants must register with the commissioner of labor and industry and
79.15the commissioner shall set a fee for a temporary license. Applicants have five years in
79.16which to comply with this section.
79.17 Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
79.18326.50 APPLICATION; FEES.
79.19 Application for an individual contracting pipefitter competency or an individual
79.20journeyman pipefitter competency license shall be made to the Department of Labor and
79.21Industry, with fees. The applicant shall be licensed only after passing an examination
79.22administered by the Department of Labor and Industry in accordance with rules adopted
79.23by the board.
79.24 Sec. 10. Minnesota Statutes 2006, section 326.51, is amended to read:
79.25326.51 DEPARTMENT MAY REVOKE LICENSES.
79.26 The
79.27through error or fraud, or if the licensee is shown to be incompetent, or for a violation
79.28of any of its rules and regulations applicable to high pressure pipefitting work. The
79.29licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
79.30on at least ten days' notice, with the right to produce testimony. The hearing shall be
79.31held pursuant to chapter 14. The
79.32testimony and the record at hearing. One year from the date of revocation application
79.33may be made for a new license.
80.1 Sec. 11. Minnesota Statutes 2006, section 326.52, is amended to read:
80.2326.52 DEPOSIT OF FEES.
80.3 All fees received under sections
80.4Department of Labor and Industry to the credit of the general fund in the state treasury.
80.5The salaries and per diem of the inspectors and examiners hereinbefore provided, their
80.6expenses, and all incidental expenses of the department and board in carrying out the
80.7provisions of sections
80.8Department of Labor and Industry. The commissioner in consultation with the board by
80.9rule shall set the amount of the fees at a level that approximates, to the greatest extent
80.10possible, the salaries, per diem, and incidental expenses of the department.
80.11 Sec. 12. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING
80.12SYSTEMS.
80.13 The authority of the commissioner of labor and industry to adopt rules relating to
80.14high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
80.15Licenses and permits currently in effect remain in effect according to their terms unless
80.16affected by board action. Rules adopted by the commissioner of labor and industry remain
80.17in effect until amended or repealed by the board. The commissioner of administration
80.18may not use the authority under Minnesota Statutes, section 16B.37, to modify transfers of
80.19authority in this act.
80.20 Sec. 13. FIRST MEETING; APPOINTMENTS FOR BOARD OF HIGH
80.21PRESSURE PIPING SYSTEMS.
80.22 The governor must complete the appointments required by Minnesota Statutes,
80.23section 326.471, no later than July 1, 2007. The commissioner of labor and industry
80.24shall convene the first meeting of the Board of High Pressure Piping Systems no later
80.25than September 1, 2007.
80.28 Section 1. Minnesota Statutes 2006, section 298.22, subdivision 2, is amended to read:
80.29 Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby
80.30created the Iron Range Resources and Rehabilitation Board, consisting of
80.31five of whom are state senators appointed by the Subcommittee on Committees of the
80.32Rules Committee of the senate, and five of whom are representatives, appointed by the
80.33speaker of the house of representatives.
81.1
81.2
81.3
81.4year
81.5shall serve until January of the next odd-numbered year. Vacancies on the board shall be
81.6filled in the same manner as the original members were chosen. At least a majority of
81.7the legislative members of the board shall be elected from state senatorial or legislative
81.8districts in which over 50 percent of the residents reside within a taconite assistance area
81.9as defined in section
81.10of Iron Range resources and rehabilitation shall be consistent with the priorities
81.11established in subdivision 8 and shall first be submitted to the Iron Range Resources and
81.12Rehabilitation Board for approval by a majority of the board of expenditures and projects
81.13for rehabilitation purposes as provided by this section, and the method, manner, and time
81.14of payment of all funds proposed to be disbursed shall be first approved or disapproved by
81.15the board. The board shall biennially make its report to the governor and the legislature on
81.16or before November 15 of each even-numbered year. The expenses of the board shall be
81.17paid by the state from the funds raised pursuant to this section.
81.18 Sec. 2. Minnesota Statutes 2006, section 298.227, is amended to read:
81.19298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
81.20 An amount equal to that distributed pursuant to each taconite producer's taxable
81.21production and qualifying sales under section
81.22the Iron Range Resources and Rehabilitation Board in a separate taconite economic
81.23development fund for each taconite and direct reduced ore producer. Money from the
81.24fund for each producer shall be released by the commissioner after review by a joint
81.25committee consisting of an equal number of representatives of the salaried employees and
81.26the nonsalaried production and maintenance employees of that producer. The District 11
81.27director of the United States Steelworkers of America, on advice of each local employee
81.28president, shall select the employee members. In nonorganized operations, the employee
81.29committee shall be elected by the nonsalaried production and maintenance employees.
81.30The review must be completed no later than six months after the producer presents a
81.31proposal for expenditure of the funds to the committee. The funds held pursuant to this
81.32section may be released only for acquisition of plant and stationary mining equipment
81.33and facilities for the producer or for research and development in Minnesota on new
81.34mining, or taconite, iron, or steel production technology, but only if the producer provides
81.35a matching expenditure to be used for the same purpose of at least 50 percent of the
82.1distribution based on
82.2proposals for expenditures of money from the fund approved beginning the day following
82.3final enactment, the commissioner may release the funds only if the proposed expenditure
82.4is approved by a majority of the members of the Iron Range Resources and Rehabilitation
82.5Board. If a producer uses money which has been released from the fund prior to the day
82.6following final enactment to procure haulage trucks, mobile equipment, or mining shovels,
82.7and the producer removes the piece of equipment from the taconite tax relief area defined
82.8in section
82.9a portion of the money granted from the fund must be repaid to the taconite economic
82.10development fund. The portion of the money to be repaid is 100 percent of the grant if the
82.11equipment is removed from the taconite tax relief area within 12 months after receipt of
82.12the money from the fund, declining by ten percent for each of the subsequent nine years
82.13during which the equipment remains within the taconite tax relief area. If a taconite
82.14production facility is sold after operations at the facility had ceased, any money remaining
82.15in the fund for the former producer may be released to the purchaser of the facility on
82.16the terms otherwise applicable to the former producer under this section. If a producer
82.17fails to provide matching funds for a proposed expenditure within six months after the
82.18commissioner approves release of the funds, the funds are available for release to another
82.19producer in proportion to the distribution provided and under the conditions of this section.
82.20Any portion of the fund which is not released by the commissioner within two years of its
82.21deposit in the fund shall be divided between the taconite environmental protection fund
82.22created in section
82.23created in section
82.24of the unreleased funds shall be distributed to the taconite environmental protection fund
82.25and one-third to the Douglas J. Johnson economic protection trust fund.
82.26EFFECTIVE DATE.This section is effective for proposals for expenditures of
82.27money from the fund the day following final enactment.
82.28 Sec. 3. APPROPRIATION; IRON RANGE RESOURCES AND
82.29REHABILITATION BOARD.
82.30 (a) $500,000 is appropriated from the Iron Range Resources and Rehabilitation
82.31Board fund for fiscal year 2008 for allocation in this section:
82.32 (1) $225,000 is for Aitkin County Growth, Inc. to extend electric service and other
82.33infrastructure to a peat project in Spencer Township in Aitkin County;
83.1 (2) $75,000 is for a nonprofit organization for the preservation of the B'nai Abraham
83.2Synagogue in Virginia, of which $50,000 is for renovation and $25,000 is for a permanent
83.3endowment for the preservation;
83.4 (3) $150,000 is for a grant to the Iron Range youth in action program to assist the
83.5organization to employ youth for the construction of community centers; and
83.6 (4) $50,000 is for a grant to the Iron Range retriever club for pond and field
83.7construction.
83.8 (b) $120,000 is appropriated from the general fund for payment to the city of Eveleth
83.9to be used for the support of the Hockey Hall of Fame Museum provided that it continues
83.10to operate in the city, which payment is in addition to and must not be used to supplant
83.11funding under section 298.28, subdivision 9c.
83.12 These are onetime appropriations.
83.13 Sec. 4. IRRRB BUILDING.
83.14 The Iron Range Resources and Rehabilitation Board office building in Eveleth,
83.15Minnesota is designated and named the Joe Begich Building and shall be signed as such
83.16at every entrance.
83.19 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
83.20 Subd. 6g. Personal direct supervision.
83.21means
83.22
83.23 (1)
83.24
83.25to perform the electrical work being supervised;
83.26 (2) during the entire working day of the unlicensed individual, the licensed
83.27individual is physically present at the location where the unlicensed individual is
83.28preforming electrical work and immediately available to the unlicensed individual;
83.29 (3) the licensed
83.30the unlicensed
83.31 (4) electronic supervision does not meet the requirement of physically present and
83.32immediately available;
83.33 (5) the licensed individual shall review the electrical work performed by the
83.34unlicensed individual before the electrical work is operated; and
84.1
84.2work performed by the unlicensed
84.3section
84.4 The licensed
84.6 Sec. 2. Minnesota Statutes 2006, section 326.241, subdivision 1, is amended to read:
84.7 Subdivision 1. Composition. (a) The Board of Electricity shall consist of
84.8members, residents of the state, appointed by the governor
84.9the senate. The commissioner of labor and industry or the commissioner's designee shall
84.10be a nonvoting member. The first appointed board members shall serve an initial term
84.11of four years, except where designated otherwise. The governor shall then reappoint the
84.12current members or appoint replacement members, all or in part, to subsequent three-year
84.13terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
84.14occurring with less than six months time remaining in the term shall be filled for the
84.15existing term and the following three-year term. Of the 11 appointed members, the
84.16composition shall be as follows:
84.17 (1) two shall be representatives of the electrical suppliers in the rural areas of the
84.18state,
84.19 (2) two shall be master electricians, who shall be contractors,
84.20 (3) two journeyman electricians,
84.21 (4) one registered consulting electrical engineer,
84.22 (5) two power limited technicians, who shall be technology system contractors
84.23primarily engaged in the business of installing technology circuits or systems, and
84.24 (6) two public members as defined by section
84.25 (b) Except as provided herein, membership terms, compensation of members,
84.26removal of members, the filling of membership vacancies, and fiscal year and reporting
84.27requirements shall be as provided in sections
84.28administrative services and office space; the review and processing of complaints; the
84.29setting of board fees; and other provisions relating to board operations shall be as provided
84.30in chapter 214.
84.31 Sec. 3. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
84.32 Subd. 2. Powers. (a) The board, or the complaint committee on behalf of the board
84.33where authorized by law, shall have power to:
84.34 (1) Elect its own officers.
85.1
85.2
85.3
85.4
85.5
85.6
85.7
85.8
85.9duties, including rent, supplies, and such like.
85.10 (3) Select from its members individuals to serve on any other state advisory councils,
85.11boards, or committees.
85.12 (4) Enforce the provisions of sections
85.13request, such additional voluntary inspections and reviews as it may deem appropriate.
85.14 (5)
85.15
85.16
85.17
85.18by the board or requested by the commissioner.
85.19 (6) Adopt reasonable rules to carry out its duties under sections
85.20and to provide for the amount and collection of fees for inspection and other services. All
85.21rules shall be adopted in accordance with chapter 14.
85.22 (7) Advise the commissioner on issues related to sections 326.241 to 326.248 or as
85.23requested by the commissioner.
85.24 (b) Except for the powers granted to the Electricity Board the commissioner of labor
85.25and industry shall administer the provisions of sections 326.241 to 326.248 and for such
85.26purposes may employ electrical inspectors and other assistants.
85.27 Sec. 4. Minnesota Statutes 2006, section 326.242, subdivision 3d, is amended to read:
85.28 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no
85.29person shall install, alter, repair, plan, lay out, or supervise the installing, altering, or
85.30repairing of electrical wiring, apparatus, or equipment for technology circuits or systems
85.31unless:
85.32 (1) the person is licensed by the board as a power limited technician; and
85.33 (2) the electrical work is:
85.34 (i) for a licensed contractor and the person is an employee, partner, or officer of,
85.35or is the licensed contractor; or
86.1 (ii) performed under the supervision of a master electrician or power limited
86.2technician also employed by the person's employer on technology circuits, systems,
86.3apparatus, equipment, or facilities owned or leased by the employer that are located within
86.4the limits of property owned or leased, operated, and maintained by the employer.
86.5 (b) An applicant for a power limited technician's license shall (1) be a graduate of a
86.6four-year electrical course in an accredited college or university; or (2) have had at least 36
86.7months' experience, acceptable to the board, in planning for, laying out, supervising, and
86.8installing wiring, apparatus, or equipment for power limited systems, provided however,
86.9that the board may by rule provide for the allowance of up to 12 months (2,000 hours)
86.10of experience credit for successful completion of a two-year post high school electrical
86.11course or other technical training approved by the board.
86.12 (c) The board may initially set experience requirements without rulemaking, but
86.13must adopt rules before July 1, 2004.
86.14 (d) Licensees must attain eight hours of continuing education acceptable to the
86.15board every renewal period.
86.16 (e) A person who has submitted an application by June 30, 2003, to take the alarm
86.17and communications examination administered by the board, and who has achieved a
86.18minimal score of 70 percent on the examination by September 30, 2003, may obtain a
86.19power limited technician license without further examination by submitting an application
86.20and a license fee of $30.
86.21 (f) A company holding an alarm and communication license as of June 30, 2003,
86.22may designate one person who may obtain a power limited technician license without
86.23passing an examination administered by the board by submitting an application and
86.24license fee of $30.
86.25 (g) A person who has submitted an application by
86.2631, 2007, to take the power limited technician examination administered by the
86.27department is not required to meet the qualifications set forth in paragraph (b).
86.28EFFECTIVE DATE.This section is effective the day following final enactment.
86.29 Sec. 5. Minnesota Statutes 2006, section 326.242, subdivision 5, is amended to read:
86.30 Subd. 5. Unlicensed
86.31means an individual who has not been licensed by the Board of Electricity as a Class A
86.32master electrician or as a Class A journeyman electrician. An unlicensed individual shall
86.33not perform electrical work required to be performed by a licensed individual unless the
86.34individual has first registered with the Board of Electricity as an unlicensed individual.
86.35Thereafter, an unlicensed individual shall not perform electrical work required to be
87.1performed by a licensed individual unless the work is performed under the
87.2supervision of
87.3licensed
87.4by the same employer. Licensed
87.5individuals to perform electrical work except under the
87.6
87.7individuals shall not supervise the performance of electrical work or make assignments
87.8of electrical work to unlicensed
87.9system work, licensed
87.10
87.11shall supervise no more than three unlicensed
87.12 (b) Notwithstanding any other provision of this section, no
87.13than a master electrician or power limited technician shall plan or lay out electrical wiring,
87.14apparatus, or equipment for light, heat, power, or other purposes, except circuits or
87.15systems exempted from personal licensing by subdivision 12, paragraph (b).
87.16 (c) Contractors employing unlicensed
87.17electrical work shall maintain records establishing compliance with this subdivision,
87.18
87.19work, except for persons working on circuits or systems exempted from personal licensing
87.20by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such
87.21records as provided for in section
87.22 (d) When a licensed individual supervises the electrical work of an unlicensed
87.23individual, the licensed individual is responsible for ensuring that the electrical work
87.24complies with sections 326.241 to 326.248 and rules adopted.
87.25 Sec. 6. Minnesota Statutes 2006, section 326.242, is amended by adding a subdivision
87.26to read:
87.27 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
87.28performing electrical work for a contractor or employer shall register with the department
87.29in the manner prescribed by the commissioner. Experience credit for electrical work
87.30performed after January 1, 2008, by an applicant for a license identified in this section
87.31shall not be granted where the applicant has not registered with or is not licensed by
87.32the department.
87.33 Sec. 7. Minnesota Statutes 2006, section 326.242, subdivision 11, is amended to read:
88.1 Subd. 11. Reciprocity.
88.2
88.3
88.4
88.5
88.6
88.7
88.8agreements for personal licenses with another state if approved by the board. Once
88.9approved by the board, the commissioner may issue a personal license without requiring
88.10the applicant to pass an examination provided the applicant:
88.11 (a) submits an application under section 326.242;
88.12 (b) pays the fee required under section 326.242; and
88.13 (c) holds a valid comparable license in the state participating in the agreement.
88.14 Agreements are subject to the following:
88.15 (1) The parties to the agreement must administer a statewide licensing program that
88.16includes examination and qualifying experience or training comparable to Minnesota's.
88.17 (2) The experience and training requirements under which an individual applicant
88.18qualified for examination in the qualifying state must be deemed equal to or greater than
88.19required for an applicant making application in Minnesota at the time the applicant
88.20acquired the license in the qualifying state.
88.21 (3) The applicant must have acquired the license in the qualifying state through an
88.22examination deemed equivalent to the same class of license examination in Minnesota.
88.23A lesser class of license may be granted where the applicant has acquired a greater
88.24class of license in the qualifying state and the applicant otherwise meets the conditions
88.25of this subdivision.
88.26 (4) At the time of application, the applicant must hold a valid license in the
88.27qualifying state and have held the license continuously for at least one year before making
88.28application in Minnesota.
88.29 (5) An applicant is not eligible for a license under this subdivision if the applicant
88.30has failed the same or greater class of license examination in Minnesota, or if the
88.31applicant's license of the same or greater class has been revoked or suspended.
88.32 (6) An applicant who has failed to renew a personal license for two years or more
88.33after its expiration is not eligible for a license under this subdivision.
88.34 Sec. 8. REPEALER.
89.1Minnesota Statutes 2006, sections 326.01, subdivision 4; and 326.242, subdivision
89.24, are repealed.
89.3EFFECTIVE DATE.This section is effective the day following final enactment.
89.6 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
89.7178.01 PURPOSES.
89.8 The purposes of this chapter are: to open to young people regardless of race, sex,
89.9creed, color or national origin, the opportunity to obtain training that will equip them for
89.10profitable employment and citizenship; to establish as a means to this end, a program
89.11of voluntary apprenticeship under approved apprentice agreements providing facilities
89.12for their training and guidance in the arts, skills, and crafts of industry and trade, with
89.13concurrent, supplementary instruction in related subjects; to promote employment
89.14opportunities under conditions providing adequate training and reasonable earnings;
89.15to relate the supply of skilled workers to employment demands; to establish standards
89.16for apprentice training; to establish an Apprenticeship
89.17apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
89.18for a Division of Labor Standards and Apprenticeship within the Department of Labor
89.19and Industry; to provide for reports to the legislature regarding the status of apprentice
89.20training in the state; to establish a procedure for the determination of apprentice agreement
89.21controversies; and to accomplish related ends.
89.22 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
89.23178.02 APPRENTICESHIP
89.24 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
89.25called the commissioner, shall appoint an Apprenticeship
89.26hereinafter referred to as the
89.27employer and employee organizations, and two representatives of the general public. The
89.28director of education responsible for career and technical education or designee shall be an
89.29ex officio member of the
89.30 Subd. 2. Terms. The
89.31removal of appointed members shall be as provided in section
89.32
90.1 Subd. 4. Duties. The
90.2shall propose occupational classifications for apprenticeship programs; propose minimum
90.3standards for apprenticeship programs and agreements; and advise on the establishment
90.4of such policies, procedures, and rules as the
90.5implementing the intent of this chapter.
90.6 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
90.7 Subd. 3. Duties and functions. The director, under the supervision of the
90.8commissioner, and with the advice and oversight of the Apprenticeship
90.9
90.10apprenticeship and other forms of on the job training; to establish, in cooperation and
90.11consultation with the Apprenticeship
90.12committees, conditions and training standards for the approval of apprenticeship programs
90.13and agreements, which conditions and standards shall in no case be lower than those
90.14prescribed by this chapter; to promote equal employment opportunity in apprenticeship
90.15and other on the job training and to establish a Minnesota plan for equal employment
90.16opportunity in apprenticeship which shall be consistent with standards established
90.17under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
90.18registration to sponsors of approved apprenticeship programs; to act as secretary of the
90.19Apprenticeship
90.20for the best interest of the apprentice, any apprenticeship agreement which meets the
90.21standards established hereunder; to terminate any apprenticeship agreement in accordance
90.22with the provisions of such agreement; to keep a record of apprenticeship agreements and
90.23their disposition; to issue certificates of completion of apprenticeship; and to perform
90.24such other duties as the commissioner deems necessary to carry out the intent of this
90.25chapter; provided, that the administration and supervision of supplementary instruction in
90.26related subjects for apprentices; coordination of instruction on a concurrent basis with
90.27job experiences, and the selection and training of teachers and coordinators for such
90.28instruction shall be the function of state and local boards responsible for vocational
90.29education. The director shall have the authority to make wage determinations applicable
90.30to the graduated schedule of wages and journeyman wage rate for apprenticeship
90.31agreements, giving consideration to the existing wage rates prevailing throughout the
90.32state, except that no wage determination by the director shall alter an existing wage
90.33provision for apprentices or journeymen that is contained in a bargaining agreement in
90.34effect between an employer and an organization of employees, nor shall the director
91.1make any determination for the beginning rate for an apprentice that is below the wage
91.2minimum established by federal or state law.
91.3 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
91.4 Subdivision 1. Rules. The commissioner may, upon receipt of the
91.5proposals, accept, adopt, and issue them by rule with any modifications or amendments
91.6the commissioner finds appropriate. The commissioner may refer them back to the
91.7
91.8the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
91.9a board proposal, the commissioner must provide a written explanation of the reason
91.10for the refusal to the board within 30 days after the board submitted the proposal to the
91.11commissioner. Additional rules may be issued as the commissioner may deem necessary.
| 91.14 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
91.16in this article.
| 91.17 |
2008 |
2009 |
Total |
||||
| 91.18 |
General |
$ |
51,175,000 |
$ |
47,510,000 |
$ |
98,685,000 |
| 91.19 |
Total |
$ |
51,175,000 |
$ |
47,510,000 |
$ |
98,685,000 |
| 91.20 |
Sec. 2. MINNESOTA HERITAGE APPROPRIATIONS. |
||||||
91.22agencies and for the purposes specified in this article. The appropriations are from the
91.23general fund, or another named fund, and are available for the fiscal years indicated
91.24for each purpose. The figures "2008" and "2009" used in this article mean that the
91.25appropriations listed under them are available for the fiscal year ending June 30, 2008, or
91.26June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
91.27year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
91.28year ending June 30, 2007, are effective the day following final enactment.
| 91.29 |
APPROPRIATIONS |
||||||
| 91.30 |
Available for the Year |
||||||
| 91.31 |
Ending June 30 |
||||||
| 91.32 |
2008 |
2009 |
|||||
| 91.33 |
Sec. 3. EXPLORE MINNESOTA TOURISM |
$ |
11,669,000 |
$ |
12,587,000 |
||
92.2involvement in tourism, $1,000,000 the first
92.3year and $2,000,000 the second year must
92.4be matched by Explore Minnesota Tourism
92.5from nonstate sources. Each $1 of state
92.6incentive must be matched with $3 of private
92.7sector funding. Cash match is defined as
92.8revenue to the state or documented cash
92.9expenditures directly expended to support
92.10Explore Minnesota Tourism programs. Up
92.11to one-half of the private sector contribution
92.12may be in-kind or soft match. The incentive
92.13in the first year shall be based on fiscal
92.14year 2007 private sector contributions as
92.15prescribed in Laws 2005, First Special
92.16Session chapter 1, article 3, section 6. The
92.17incentive increase in the second year will
92.18be based on fiscal year 2008 private sector
92.19contributions. This incentive is ongoing.
92.20(b) Funding for the marketing grants is
92.21available either year of the biennium.
92.22Unexpended grant funds from the first year
92.23are available in the second year.
92.24(c) Any unexpended money from the general
92.25fund appropriations made under this section
92.26does not cancel but must be placed in a
92.27special marketing account for use by Explore
92.28Minnesota Tourism for additional marketing
92.29activities.
92.30(d) $250,000 the first year and $250,000
92.31the second year are for operating costs of
92.32the Minnesota Film and TV Board. The
92.33appropriation in each year is available
92.34only upon receipt by the board of $1 in
92.35matching contributions of money or in-kind
93.1contributions from nonstate sources for every
93.2$3 provided by this appropriation.
93.3(e) $750,000 is appropriated each year for a
93.4grant to the Minnesota Film and TV Board
93.5for the film jobs production program under
93.6Minnesota Statutes, section 116U.26. Of
93.7this amount, up to $25,000 each year may
93.8be used for administration. The budget base
93.9for the film jobs production program shall be
93.10$500,000 in fiscal year 2010 and $500,000 in
93.11fiscal year 2011.
93.12(f) $150,000 the first year is for a onetime
93.13grant to St. Louis County to be used for
93.14feasibility studies and planning activities
93.15concerning additional uses for the St. Louis
93.16County Heritage and Arts Center at the
93.17Duluth depot. The studies and planning
93.18activities must include:
93.19(1) examining the costs and benefits of
93.20relocating the Northeast Minnesota Office of
93.21Tourism to the Duluth depot;
93.22(2) establishing a heritage tourism center at
93.23the Duluth depot;
93.24(3) developing a multimodal operational plan
93.25integrating railroad and bus service; and
93.26(4) identifying additional services and
93.27activities that would contribute toward
93.28returning the Duluth depot to being a
93.29working railroad station and cultural gateway
93.30to Duluth and St. Louis County.
93.31This appropriation is available until June 30,
93.322009.
| 93.33 93.34 |
Sec. 4. MINNESOTA HISTORICAL SOCIETY |
||||||
| 94.1 |
Subdivision 1.Total Appropriation |
$ |
29,031,000 |
$ |
24,441,000 |
||
94.3purpose are specified in the following
94.4subdivisions.
94.5$500,000 the first year and $500,000 the
94.6second year are for increased rent costs. This
94.7amount is added to the society's base budget.
| 94.8 |
Subd. 2.Education and Outreach |
17,307,000 |
13,765,000 |
||||
94.10is a onetime appropriation for the Minnesota
94.11Sesquicentennial Commission. Of this
94.12appropriation, $750,000 is for competitive
94.13matching grants for local events and projects;
94.14$750,000 is for planning and support of
94.15statewide activities, and up to $200,000 may
94.16be used for administration.
94.17The Minnesota Historical Society, the State
94.18Arts Board, and Explore Minnesota Tourism
94.19may assist the commission in designing and
94.20implementing the grants program.
94.21The commission shall encourage private
94.22contributions to match the state funds to
94.23the greatest extent possible. Contributions
94.24received by the commission are appropriated
94.25to the commission.
94.26(b) $1,500,000 the first year is for a
94.27grant-in-aid program for county and local
94.28historical societies. The Minnesota Historical
94.29Society shall establish program guidelines
94.30and grant evaluation and award criteria for
94.31the program. Each dollar of state funds
94.32awarded to a grantee must be matched with
94.33nonstate funds on a dollar-for-dollar basis by
95.1a grantee. This is a onetime appropriation
95.2and is available until expended.
95.3(c) $500,000 the first year is for a grant-in-aid
95.4program for county and local historical
95.5societies for the repair, restoration, and
95.6preservation of historic sites and buildings
95.7in Minnesota. The Minnesota Historical
95.8Society shall establish program guidelines
95.9and grant evaluation and award criteria for
95.10the program. This is a onetime appropriation
95.11and is available until expended.
95.12(d) $60,000 each year is to offset the revenue
95.13loss from not charging fees for general tours
95.14at the Capitol. This appropriation is added to
95.15the society's base budget.
95.16(e) Notwithstanding Minnesota Statutes,
95.17section 138.668, the Minnesota Historical
95.18Society may not charge a fee for its general
95.19tours at the Capitol, but may charge fees for
95.20special programs other than general tours.
| 95.21 |
Subd. 3.Preservation and Access |
10,953,000 |
10,271,000 |
||||
95.23conservation survey and for restoration,
95.24treatment, moving, and storage of the 1905
95.25historic furnishings and works of art in the
95.26Minnesota State Capitol. This is a onetime
95.27appropriation and is available until June 30,
95.282009.
95.29$308,000 the first year is for the preservation
95.30of battle flags. This is a onetime appropriation
95.31and is available until June 30, 2009.
| 95.32 |
Subd. 4.Pass-Through Appropriations |
771,000 |
405,000 |
||||
| 95.33 |
(a) Minnesota International Center |
43,000 |
43,000 |
||||
| 95.34 |
(b) Minnesota Air National Guard Museum |
16,000 |
-0- |
||||
| 96.1 |
(c) Minnesota Military Museum |
234,000 |
234,000 |
||||
| 96.2 |
(d) Farmamerica |
128,000 |
128,000 |
||||
| 96.3 |
(e) Balances Forward |
||||||
96.5this subdivision the first year does not cancel
96.6but is available for the second year of the
96.7biennium.
96.8$150,000 the first year is for a onetime
96.9grant to the Nicollet County Historical
96.10Society for renovation of the center exhibit
96.11gallery in the Treaty Site History Center
96.12in St. Peter, including additions to the
96.13center's infrastructure and state-of-the-art
96.14interpretive elements. This appropriation is
96.15available until the project is completed or
96.16abandoned, subject to Minnesota Statutes,
96.17section 16A.642.
96.18$200,000 the first year is for a grant to
96.19the Hmong Studies Center at Concordia
96.20University in St. Paul, Minnesota, to be
96.21used for preservation of Hmong historical
96.22artifacts and documents. Any part of the
96.23appropriation not used in fiscal year 2008 is
96.24available for use in fiscal year 2009. This is
96.25a onetime appropriation and is available until
96.26expended.
| 96.27 |
Subd. 5.Fund Transfer |
||||||
96.29reallocate funds appropriated in and between
96.30subdivisions 2 and 3 for any program
96.31purposes.
| 96.32 |
Subd. 6.Minnesota River Valley Study Group |
||||||
97.2cooperation with Explore Minnesota Tourism
97.3shall establish and coordinate a Minnesota
97.4River Valley study group. The Minnesota
97.5River Valley study group shall be comprised
97.6of representatives of the Minnesota Valley
97.7Scenic Byway Alliance, the Department
97.8of Natural Resources, the Department
97.9of Transportation, the Minnesota Indian
97.10Affairs Council, the Region 6 West, Region
97.116 East, Region 8 and Region 9 Regional
97.12Development Commissions, the Minnesota
97.13Historical Society, Explore Minnesota
97.14Tourism, State Arts Board, and other
97.15interested parties. The study group must
97.16develop a plan for coordinated activities
97.17among organizations represented on the
97.18study group to enhance and promote historic
97.19sites, and historic, scenic, and natural
97.20features of the Minnesota River Valley
97.21area. Study topics shall include, but are
97.22not limited to, historic sites related to the
97.23Dakota Conflict of 1862 and the state and
97.24local preparations for the sesquicentennial of
97.25this event. The Minnesota Historical Society
97.26and Explore Minnesota Tourism shall report
97.27on the findings and recommendations of
97.28the Minnesota River Valley study group to
97.29the standing committees of the house of
97.30representatives and senate with jurisdiction
97.31over historic sites and tourism by March 1,
97.322008. The Minnesota River Valley study
97.33group shall serve without compensation.
| 97.34 |
Sec. 5. BOARD OF THE ARTS |
||||||
| 97.35 |
Subdivision 1.Total Appropriation |
$ |
9,975,000 |
$ |
9,982,000 |
||
98.2purpose are specified in the following
98.3subdivisions.
| 98.4 |
Subd. 2.Operations and Services |
637,000 |
644,000 |
||||
| 98.5 |
Subd. 3.Grants Programs |
6,452,000 |
6,452,000 |
||||
98.7shall be $5,924,000 in fiscal year 2010 and
98.8$5,924,000 in fiscal year 2011.
| 98.9 |
Subd. 4.Regional Arts Councils |
2,886,000 |
2,886,000 |
||||
98.11shall be $2,539,000 in fiscal year 2010 and
98.12$2,539,000 in fiscal year 2011.
| 98.13 98.14 |
Sec. 6. MINNESOTA HUMANITIES COMMISSION |
$ |
500,000 |
$ |
500,000 |
||
98.16for lifelong learning programs in greater
98.17Minnesota communities that do not
98.18receive financial support from other large
98.19educational institutions. The base budget
98.20for the Minnesota Humanities Commission
98.21is $500,000 each year in the 2010-2011
98.22biennium.
98.23 Sec. 7. Minnesota Statutes 2006, section 190.096, is amended to read:
98.24190.096 BATTLE FLAGS; REPAIR.
98.25 Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
98.26Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical
98.27Society may contract for the repair, restoration, and preservation of regimental battle flags,
98.28standards, and guidons with persons or corporations skilled in such repair, restoration, and
98.29preservation, upon terms or conditions the adjutant general or the Minnesota Historical
98.30Society deems proper
98.31 Subd. 2. Surrender. Notwithstanding the provisions of this section or section
98.33of this section, surrender the immediate custody and control of regimental battle flags,
99.1standards, and guidons under conditions and safeguards the adjutant general or the
99.2Minnesota Historical Society deems necessary and proper, for such time as is reasonably
99.3necessary for their restoration, after which they shall at once be again properly stored
99.4or displayed. The adjutant general or the Minnesota Historical Society shall provide
99.5adequate storage and display space for flags, standards, and guidons which have been
99.6repaired and restored.
99.7 Subd. 3. Battle flags; care and control. (a) The flags and colors carried by
99.8Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be
99.9preserved under the care and control of the Minnesota Historical Society. They shall be
99.10suitably encased and marked, and, so far as the historical society may deem it consistent
99.11with the safety of the flags and colors, they shall be publicly displayed in the capitol.
99.12 (b) The flags and colors carried by Minnesota troops in subsequent wars shall be
99.13preserved under the care and control of the adjutant general. They shall be suitably
99.14encased and marked, and, so far as the adjutant general may deem it consistent with the
99.15safety of the flags and colors, shall be publicly displayed.
| 99.18 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
99.20in this article.
| 99.21 |
2008 |
2009 |
Total |
||||
| 99.22 |
General |
$ |
67,896,000 |
$ |
49,040,000 |
$ |
116,936,000 |
| 99.23 |
TANF |
$ |
3,075,000 |
$ |
3,075,000 |
$ |
6,150,000 |
| 99.24 |
Total |
$ |
70,971,000 |
$ |
52,115,000 |
$ |
123,086,000 |
| 99.25 |
Sec. 2. HOUSING. |
||||||
99.27agencies and for the purposes specified. The appropriations are from the general fund, or
99.28another named fund, and are available for the fiscal years indicated for each purpose. The
99.29figures "2008" and "2009" used in this act mean that the appropriations listed under them
99.30are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
99.31first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is
99.32fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are
99.33effective the day following final enactment.
| 100.1 |
APPROPRIATIONS |
||||||
| 100.2 |
Available for the Year |
||||||
| 100.3 |
Ending June 30 |
||||||
| 100.4 |
2008 |
2009 |
|||||
| 100.5 |
Sec. 3. HOUSING FINANCE AGENCY |
||||||
| 100.6 |
Subdivision 1.Total Appropriation |
$ |
70,971,000 |
$ |
52,115,000 |
||
| 100.7 |
Appropriations by Fund |
||
| 100.8 |
2008 |
2009 |
|
| 100.9 |
General |
67,896,000 |
49,040,000 |
| 100.10 |
TANF |
3,075,000 |
3,075,000 |
100.12housing development fund. The amounts
100.13that may be spent from this appropriation
100.14for certain programs are specified in the
100.15following subdivisions. Except as otherwise
100.16indicated, this transfer is part of the agency's
100.17permanent budget base.
100.18Of this amount, $3,075,000 the first year
100.19and $3,075,000 the second year are onetime
100.20appropriations from the state's federal TANF
100.21block grant under Title I of Public Law
100.22Number 104-193 to the commissioner of
100.23human services, to reimburse the housing
100.24development fund for assistance under
100.25the programs for families receiving TANF
100.26assistance under the MFIP program. The
100.27commissioner of human services shall make
100.28monthly reimbursements to the housing
100.29development fund. The commissioner
100.30of human services shall not make any
100.31reimbursement which the commissioner
100.32determines would be subject to a penalty
100.33under Code of Federal Regulations, section
100.34262.1. If the appropriation in either year is
101.1insufficient, the appropriation for the other
101.2year is available.
| 101.3 101.4 |
Subd. 2.Economic Development and Housing Challenge |
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101.6the second year are for the economic
101.7development and housing challenge program
101.8under Minnesota Statutes, section 462A.33,
101.9for housing that:
101.10(1) conserves energy and utilizes sustainable,
101.11healthy building materials;
101.12(2) preserves sensitive natural areas and
101.13open spaces and minimizes the need for new
101.14infrastructure;
101.15(3) is accessible to jobs and services through
101.16integration with transportation or transit
101.17systems; and
101.18(4) expands the mix of housing choices in
101.19a community by diversifying the levels of
101.20housing affordability.
101.21The agency may fund demonstration projects
101.22that have unique approaches to achieving the
101.23housing described above.
| 101.24 |
Subd. 3.Housing Trust Fund |
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101.26the second year are for the housing trust fund
101.27account created under Minnesota Statutes,
101.28section 462A.201, for the purposes of that
101.29section. Of this amount, $1,500,000 the first
101.30year and $1,500,000 in the second year is a
101.31onetime appropriation from the state's federal
101.32TANF block grant. The general fund base
101.33is reduced by $1,890,000 each year in fiscal
101.34year 2010 and fiscal year 2011.
| 102.1 102.2 |
Subd. 4.Bridges Rental Assistance for Mentally Ill |
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102.4the second year are for a rental housing
102.5assistance program for persons with a mental
102.6illness or families with an adult member with
102.7a mental illness under Minnesota Statutes,
102.8section 462A.2097.
| 102.9 |
Subd. 5.Family Homeless Prevention |
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102.11the second year are for family homeless
102.12prevention and assistance programs under
102.13Minnesota Statutes, section 462A.204. Of
102.14this amount, $1,575,000 in the first year and
102.15$1,575,000 in the second year is a onetime
102.16appropriation from the state's federal TANF
102.17block grant. The general fund base in fiscal
102.18year 2010 and fiscal year 2011 is $7,465,000
102.19each year.
| 102.20 |
Subd. 6.Home Ownership Assistance Fund |
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102.22the second year are for the home ownership
102.23assistance program under Minnesota
102.24Statutes, section 462A.21, subdivision 8.
102.25The base is reduced by $1,000,000 each year
102.26in fiscal year 2010 and fiscal year 2011.
| 102.27 |
Subd. 7.Affordable Rental Investment Fund |
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102.29the second year are for the affordable rental
102.30investment fund program under Minnesota
102.31Statutes, section 462A.21, subdivision 8b.
102.32Of this amount, $2,500,000 the first year is a
102.33onetime appropriation.
103.1This appropriation is to finance the
103.2acquisition, rehabilitation, and debt
103.3restructuring of federally assisted rental
103.4property and for making equity take-out loans
103.5under Minnesota Statutes, section 462A.05,
103.6subdivision 39. The owner of the federally
103.7assisted rental property must agree to
103.8participate in the applicable federally assisted
103.9housing program and to extend any existing
103.10low-income affordability restrictions on the
103.11housing for the maximum term permitted.
103.12The owner must also enter into an agreement
103.13that gives local units of government,
103.14housing and redevelopment authorities,
103.15and nonprofit housing organizations the
103.16right of first refusal if the rental property
103.17is offered for sale. Priority must be given
103.18among comparable federally assisted rental
103.19properties to properties with the longest
103.20remaining term under an agreement for
103.21federal rental assistance. Priority must also
103.22be given among comparable rental housing
103.23developments to developments that are or
103.24will be owned by local government units, a
103.25housing and redevelopment authority, or a
103.26nonprofit housing organization.
103.27This appropriation may also be used to
103.28finance the acquisition, rehabilitation, and
103.29debt restructuring of existing supportive
103.30housing properties. For purposes of this
103.31subdivision, "supportive housing" means
103.32affordable rental housing with links to
103.33services necessary for individuals, youth, and
103.34families with children to maintain housing
103.35stability.
104.1Of this amount, $2,500,000 is appropriated
104.2for the purposes of financing the
104.3rehabilitation and operating costs to preserve
104.4public housing. For purposes of this
104.5subdivision, "public housing" is housing for
104.6low-income persons and households financed
104.7by the federal government and owned and
104.8operated by public housing authorities and
104.9agencies. Eligible public housing authorities
104.10must have a public housing assessment
104.11system rating of standard or above. Priority
104.12among comparable proposals must be given
104.13to proposals that maximize federal or local
104.14resources to finance the capital and operating
104.15costs.
| 104.16 104.17 |
Subd. 8.Housing Rehabilitation and Accessibility |
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104.19second year are for the housing rehabilitation
104.20and accessibility program under Minnesota
104.21Statutes, section 462A.05, subdivisions 14a
104.22and 15a.
| 104.23 |
Subd. 9.Urban Indian Housing Program |
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104.25second year are for the urban Indian housing
104.26program under Minnesota Statutes, section
104.27462A.07, subdivision 15. The base is
104.28reduced by $7,000 each year in fiscal year
104.292010 and fiscal year 2011.
| 104.30 |
Subd. 10.Tribal Indian Housing Program |
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104.32the second year are for the tribal Indian
104.33housing program under Minnesota Statutes,
104.34section 462A.07, subdivision 14. The base is
105.1reduced by $468,000 each year in fiscal year
105.22010 and fiscal year 2011.
| 105.3 105.4 |
Subd. 11.Home Ownership Education, Counseling, and Training |
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105.6the second year are appropriated for the
105.7home ownership education, counseling, and
105.8training program under Minnesota Statutes,
105.9section 462A.209. The base is reduced by
105.10$1,270,000 each year in fiscal year 2010 and
105.11fiscal year 2011. Of this amount, $630,000
105.12the first year is for:
105.13(1) foreclosure prevention and assistance
105.14activities in communities that have mortgage
105.15foreclosure rates that exceed the statewide
105.16average foreclosure rate for the most recent
105.17quarter for which data is available; and
105.18(2) home buyer education and counseling
105.19activities by organizations that have
105.20experience working with emerging markets
105.21or partner with organizations with experience
105.22working with emerging markets and that have
105.23demonstrated a commitment to increasing the
105.24homeownership rate of emerging markets.
| 105.25 |
Subd. 12.Capacity Building Grants |
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105.27building grants under Minnesota Statutes
105.28section 462A.21, subdivision 3b. Of this
105.29amount, $140,000 is for continuum of
105.30care planning in greater Minnesota. This
105.31appropriation is the agency's base budget for
105.32this program.
| 105.33 |
Subd. 13.Grant for Hennepin County |
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106.2first year for a grant to Hennepin County
106.3for collaboration with the Center for Urban
106.4and Regional Affairs at the University
106.5of Minnesota for the development of a
106.6predictive, data-driven model that can be
106.7used to identify at-risk properties in order to
106.8target resources to prevent foreclosure.
106.9 Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
106.10 Subd. 8b. Family rental housing. It may establish a family rental housing
106.11assistance program to provide loans or direct rental subsidies for housing for families
106.12with incomes of up to 80 percent of state median income, or to provide grants for the
106.13operating cost of public housing. Priority must be given to those developments with
106.14resident families with the lowest income. The development may be financed by the
106.15agency or other public or private lenders. Direct rental subsidies must be administered by
106.16the agency for the benefit of eligible families. Financial assistance provided under this
106.17subdivision to recipients of aid to families with dependent children must be in the form
106.18of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
106.19this subdivision may be made only with specific appropriations by the legislature. The
106.20limitations on eligible mortgagors contained in section
106.21apply to loans for the rehabilitation of existing housing under this subdivision.
106.22 Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
106.23 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
106.24this section must be used for challenge grants or loans
106.25
106.26resources that reduce the need for deferred loan or grant funds from state resources.
106.27Challenge grants or loans must be used for economically viable homeownership or rental
106.28housing proposals that
106.29
106.30
106.31
106.32 Among comparable proposals, preference must be given to proposals that include
106.33contributions from nonstate resources for the greatest portion of the total development
106.34cost. Comparable proposals with contributions from local units of government or private
107.1philanthropic, religious, or charitable organizations must be given preference in awarding
107.2grants or loans.
107.3 For the purpose of this subdivision,
107.4or wholly of the premium paid for federal housing tax credits.
107.5
107.6
107.7
107.8 Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read:
107.9469.021 PREFERENCES.
107.10 As between applicants equally in need and eligible for occupancy of a dwelling
107.11and at the rent involved, preference shall be given to disabled veterans, persons with
107.12disabilities, and families of service persons who died in service and to families of veterans.
107.13In admitting families of low income to dwelling accommodations in any housing project an
107.14authority shall, as far as is reasonably practicable, give consideration to applications from
107.15families
107.16256J, and to resident families to whom public assistance or supplemental security income
107.17for the aged, blind, and disabled is payable, when those families are otherwise eligible.
107.18 Sec. 7. MORTGAGE FORECLOSURE REDUCTION.
107.19 The commissioner of the Minnesota Housing Finance Agency, in consultation
107.20with the commissioner of commerce, the attorney general, the Minnesota Mortgage
107.21Bankers' Association, Legal Services of Minnesota, the Minnesota Mortgage Foreclosure
107.22Prevention Association, and the Minnesota Sheriffs' Association shall evaluate the
107.23provisions of Minnesota Statutes, sections 580.04 and 580.041, to determine if corrective
107.24actions could be taken by the 2008 legislature to reduce mortgage foreclosures in the state.