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SF 2510

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/01/2010 12:40pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor and industry; modifying licensing provisions; imposing and
modifying certain license fees; amending Minnesota Statutes 2008, sections
326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions; 326B.197; 326B.33,
subdivisions 18, 20, 21; 326B.42, by adding subdivisions; 326B.44; 326B.46, as
amended; 326B.47; 326B.475, subdivision 2; 326B.50, by adding subdivisions;
326B.54; 326B.55, as amended if enacted; 326B.56, as amended; 326B.805,
subdivision 6; 326B.83, subdivisions 1, 3, 6; 326B.865; 326B.921, subdivisions
2, 4, 7; 326B.922; 326B.978, subdivision 2, by adding a subdivision; 327B.04,
subdivision 2; Minnesota Statutes 2009 Supplement, sections 326B.33,
subdivision 19; 326B.475, subdivision 4; 326B.49, subdivision 1; 326B.58;
326B.815, subdivision 1; 326B.86, subdivision 1; 326B.94, subdivision 4;
326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 8; 327B.041; proposing
coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota
Statutes 2008, sections 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3,
4; 326B.976; Minnesota Statutes 2009 Supplement, section 326B.56, subdivision
4; Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4;
1350.7200, subpart 3; 1350.8000, subpart 2.

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

Section 1.

new text begin [326B.091] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 326B.091 to 326B.098, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Applicant. new text end

new text begin "Applicant" means a person who has submitted to the
department an application for a license.
new text end

new text begin Subd. 3. new text end

new text begin License. new text end

new text begin "License" means any registration, certification, or other form
of approval authorized by chapters 326B and 327B to be issued by the commissioner
or department as a condition of doing business or conducting a trade, profession,
or occupation in Minnesota. License includes specifically but not exclusively an
authorization issued by the commissioner or department: to perform electrical work,
plumbing or water conditioning work, high pressure piping work, or residential building
work of a residential contractor, residential remodeler, or residential roofer; to install
manufactured housing; to serve as a building official; or to operate a boiler or boat.
new text end

new text begin Subd. 4. new text end

new text begin Licensee. new text end

new text begin "Licensee" means the person named on the license as the person
authorized to do business or conduct the trade, profession, or occupation in Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Notification date. new text end

new text begin "Notification date" means the date of the written
notification from the department to an applicant that the applicant is qualified to take the
examination required for licensure.
new text end

new text begin Subd. 6. new text end

new text begin Renewal deadline. new text end

new text begin "Renewal deadline," when used with respect to a
license, means 30 days before the date that the license expires.
new text end

Sec. 2.

new text begin [326B.092] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Licenses requiring examination administered by commissioner.
new text end

new text begin (a) If the applicant for a license must pass an examination administered by the
commissioner in order to obtain the license, then the application for the initial license
must be accompanied by an application and examination fee of $60, which is separate
from the license fee. The license fee is due after the applicant passes the examination
and before the license is issued.
new text end

new text begin (b) If the applicant for a Minnesota license holds a license in another state and
is seeking Minnesota licensure without examination based on reciprocity, then the
application for the Minnesota license must be accompanied by the application and
examination fee of $60, which is separate from the license fee. If the commissioner
approves the application, then the license fee is due before the license is issued.
new text end

new text begin Subd. 2. new text end

new text begin Licenses not requiring examination administered by commissioner.
new text end

new text begin If the applicant for a license is not required to pass an examination in order to obtain the
license, or is required to pass an examination that is not administered by the commissioner,
then the license fee must accompany the application for the license. If the application is
for a license issued under sections 326B.802 to 326B.885 and is not an application for
license renewal, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, is due after the department has determined that the applicant meets the
qualifications for licensing and before the license is issued.
new text end

new text begin Subd. 3. new text end

new text begin Late fee. new text end

new text begin The department must receive a complete application for license
renewal by the renewal deadline but not more than 90 days before the renewal deadline. If
the department receives a renewal application after the expiration of the license, then the
renewal application must be accompanied by a late fee equal to one-half of the license
renewal fee; except that, for the purpose of calculating the late fee only, the license
renewal fee shall not include any contractor recovery fund fee required by section
326B.89, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Lapsed licensed fee. new text end

new text begin If the department receives a renewal application
within two years after expiration of the license, the renewal application must be
accompanied by all license renewal fees to cover the period that the license was expired,
plus the late fee described in subdivision 3 and the license renewal fee for the current
renewal period.
new text end

new text begin Subd. 5. new text end

new text begin Insufficient fees. new text end

new text begin If the applicant does not include all required fees with
the application, then the application will be incomplete and the department will notify the
applicant of the amount of the deficiency.
new text end

new text begin Subd. 6. new text end

new text begin Fees nonrefundable. new text end

new text begin Application and examination fees, license fees,
license renewal fees, and late fees are nonrefundable except for:
new text end

new text begin (1) license renewal fees received more than two years after expiration of the license,
as described in section 326B.094, subdivision 2;
new text end

new text begin (2) any overpayment of fees; and
new text end

new text begin (3) if the license is not renewed, the contractor recovery fund fee and any additional
assessment paid under subdivision 7, paragraph (e).
new text end

new text begin Subd. 7. new text end

new text begin License fees and license renewal fees. new text end

new text begin (a) The license fee for each license
except a renewed license shall be the base license fee plus any applicable board fee, as
set forth in this subdivision. The license renewal fee for each renewed license is the
base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.
new text end

new text begin (b) For purposes of this section, "license duration" means the number of years for
which the license is issued except that:
new text end

new text begin (1) if the initial license is not issued for a whole number of years, the license duration
shall be rounded up to the next whole number; and
new text end

new text begin (2) if the department receives an application for license renewal after the renewal
deadline, license duration means the number of years for which the renewed license would
have been issued if the renewal application had been submitted on time and all other
requirements for renewal had been met.
new text end

new text begin (c) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyman, or business license, and on the license duration. The base
license fee shall be:
new text end

new text begin License Classification
new text end
new text begin License Durationnew text end
new text begin 1 Year
new text end
new text begin 2 Years
new text end
new text begin 3 Years
new text end
new text begin Entry level
new text end
new text begin $10
new text end
new text begin $20
new text end
new text begin $30
new text end
new text begin Journeyman
new text end
new text begin $20
new text end
new text begin $40
new text end
new text begin $60
new text end
new text begin Master
new text end
new text begin $50
new text end
new text begin $100
new text end
new text begin $150
new text end
new text begin Business
new text end
new text begin $100
new text end
new text begin $200
new text end
new text begin $300
new text end

new text begin (d) If there is a continuing education requirement for renewal of the license, then
a continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration is
one year; $20 if the renewal license duration is two years; and $30 if the renewal license
duration is three years.
new text end

new text begin (e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to
326B.93, then a board fee must be included in the license fee and the renewal license fee.
The board fee for all license classifications shall be: $4 if the license duration is one year;
$8 if the license duration is two years; and $12 if the license duration is three years.
new text end

new text begin (f) If the application is for the renewal of a license issued under sections 326B.802
to 326B.885, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, and any additional assessment required under section 326B.89, subdivision
16, must be included in the license renewal fee.
new text end

Sec. 3.

new text begin [326B.093] LICENSES REQUIRING EXAMINATION ADMINISTERED
BY COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications for examination. new text end

new text begin If the applicant for a license must
pass an examination administered by the commissioner in order to obtain the license, then
the applicant's complete application must demonstrate that the applicant is qualified to
take the examination. The applicant is qualified to take the examination if the applicant
meets all requirements for the license except for passing the examination.
new text end

new text begin Subd. 2. new text end

new text begin Not qualified for examination. new text end

new text begin If the applicant is not qualified to take
the examination, then the commissioner must deny the application. The applicant may
subsequently submit another application, accompanied by the required fee.
new text end

new text begin Subd. 3. new text end

new text begin Taking the examination. new text end

new text begin If the applicant is qualified to take the
examination, then the department must notify the applicant, and the applicant may
schedule a time to take the examination within one year after the notification date. If the
applicant does not take the examination at the scheduled time, the applicant may, one
time only, reschedule a time to take the examination on a date within one year after the
notification date. If the applicant fails to take the examination within one year after the
notification date, the commissioner must deny the application and the applicant forfeits the
application/examination fee. The applicant may subsequently submit another application,
accompanied by the required application/examination fee.
new text end

new text begin Subd. 4. new text end

new text begin Examination results. new text end

new text begin If the applicant receives a passing score on the
examination and meets all other requirements for licensure, the commissioner must
approve the application and notify the applicant of the approval within 60 days of the date
of the passing score. The applicant must, within 90 days after the notification of approval,
pay the license fee. Upon receipt of the license fee, the commissioner must issue the
license. If the applicant does not pay the license fee within 90 days after the notification
of approval, the commissioner will rescind the approval and must deny the application.
If the applicant does not receive a passing score on the examination, the commissioner
must deny the application. If the application is denied because of the applicant's failure
to receive a passing score on the examination, then the applicant cannot submit a new
application for the license until at least 30 days after the notification of denial.
new text end

Sec. 4.

new text begin [326B.094] RENEWAL OF LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Expiration of licenses. new text end

new text begin Unless and until the department or
commissioner issues a renewal of a license, the license expires on the expiration date
printed on the license. While the license is expired, the licensee cannot perform the
activities authorized by the license.
new text end

new text begin Subd. 2. new text end

new text begin Availability of renewal. new text end

new text begin A licensee may apply to renew a license no later
than two years after the expiration of the license. If the department receives a complete
renewal application no later than two years after the expiration of the license, then the
department must approve or deny the renewal application within 60 days of receiving the
complete renewal application. If the department receives a renewal application more than
two years after the expiration of the license, the department must return the renewal
license fee to the applicant without approving or denying the application. If the licensee
wishes to obtain a valid license more than two years after expiration of the license, the
licensee must apply for a new license.
new text end

new text begin Subd. 3. new text end

new text begin Deadline for avoiding license expiration. new text end

new text begin The department must receive
a complete application to renew a license no later than the renewal deadline. If the
department does not receive a complete application by the renewal deadline, the license
may expire before the department has either approved or denied the renewal application.
new text end

Sec. 5.

new text begin [326B.095] INCOMPLETE LICENSE APPLICATIONS.
new text end

new text begin This section applies to both applications for initial licenses and license renewal
applications. If the department determines that an application is incomplete, the
department must notify the applicant of the deficiencies that must be corrected in
order to complete the application. If the applicant wishes to complete the application,
the department must receive the completed application within 90 days after the date
the department mailed or delivered the incomplete application to the applicant. If the
department does not receive the completed application by this deadline, the commissioner
must deny the application and the applicant will forfeit all fees except as provided
in section 326B.092, subdivision 6. If the application is for license renewal and the
department receives the corrected application after the license has expired, then the
corrected application must be accompanied by the late fee.
new text end

Sec. 6.

new text begin [326B.096] REINSTATEMENT OF LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Reinstatement after revocation. new text end

new text begin (a) If a license is revoked under
this chapter and if an applicant for a license needs to pass an examination administered by
the commissioner before becoming licensed, then, in order to have the license reinstated,
the person who holds the revoked license must:
new text end

new text begin (1) retake the examination and achieve a passing score; and
new text end

new text begin (2) meet all other requirements for an initial license, including payment of the
application and examination fee and the license fee. The person holding the revoked
license is not eligible for Minnesota licensure without examination based on reciprocity.
new text end

new text begin (b) If a license is revoked under a chapter other than this chapter, then, in order to
have the license reinstated, the person who holds the revoked license must:
new text end

new text begin (1) apply for reinstatement to the commissioner no later than two years after the
effective date of the revocation;
new text end

new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license
fee; and
new text end

new text begin (3) meet all applicable requirements for licensure, except that, unless required by the
order revoking the license, the applicant does not need to retake any examination and does
not need to repay a license fee that was paid before the revocation.
new text end

new text begin Subd. 2. new text end

new text begin Reinstatement after suspension. new text end

new text begin If a license is suspended, then, in order
to have the license reinstated, the person who holds the suspended license must:
new text end

new text begin (1) apply for reinstatement to the commissioner no later than two years after the
completion of the suspension period;
new text end

new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license
fee; and
new text end

new text begin (3) meet all applicable requirements for licensure, except that, unless required by the
order suspending the license, the applicant does not need to retake any examination and
does not need to repay a license fee that was paid before the suspension.
new text end

new text begin Subd. 3. new text end

new text begin Reinstatement after voluntary termination. new text end

new text begin A licensee who is not an
individual may voluntarily terminate a license issued to the person under this chapter. If a
licensee has voluntarily terminated a license under this subdivision, then, in order to have
the license reinstated, the person who holds the terminated license must:
new text end

new text begin (1) apply for reinstatement to the commissioner no later than the date that the license
would have expired if it had not been terminated;
new text end

new text begin (2) pay a $100 reinstatement application fee and any applicable renewal license
fee; and
new text end

new text begin (3) meet all applicable requirements for licensure, except that the applicant does not
need to repay a license fee that was paid before the termination.
new text end

Sec. 7.

new text begin [326B.097] PROHIBITION OF TRANSFER.
new text end

new text begin A licensee shall not transfer or sell any license.
new text end

Sec. 8.

new text begin [326B.098] CONTINUING EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to seminars offered by
the department for the purpose of allowing licensees to meet continuing education
requirements for license renewal.
new text end

new text begin Subd. 2. new text end

new text begin Rescheduling. new text end

new text begin An individual who is registered with the department to
attend a seminar may reschedule one time only, to attend the same seminar on a date
within one year after the date of the seminar the individual was registered to attend.
new text end

new text begin Subd. 3. new text end

new text begin Fees nonrefundable. new text end

new text begin All seminar fees paid to the department are
nonrefundable except for any overpayment of fees.
new text end

Sec. 9.

Minnesota Statutes 2008, section 326B.133, subdivision 1, is amended to read:


Subdivision 1.

Designation.

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

Sec. 10.

Minnesota Statutes 2008, section 326B.133, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Application; renewal; fees; expiration. new text end

new text begin (a) An applicant for certification
shall submit a completed application on a form approved by the commissioner to the
department. The commissioner shall review applications for compliance with the
requirements established by rule.
new text end

new text begin (b) Application for initial certification or renewal certification as a building official,
building official-limited, or accessibility specialist shall be according to this section and
sections 326B.092 to 326B.095.
new text end

new text begin (c) Fees shall be paid to the department according to section 326B.092.
new text end

new text begin (d) Unless revoked or suspended under this chapter, all certifications issued or
renewed under this section expire two years from the date of original issuance and every
two years thereafter.
new text end

Sec. 11.

Minnesota Statutes 2008, section 326B.133, subdivision 3, is amended to read:


Subd. 3.

Certificationnew text begin criterianew text end.

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

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

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

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

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

Sec. 12.

Minnesota Statutes 2008, section 326B.133, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Certification categories. new text end

new text begin (a) If a municipality has adopted or adopts
the State Building Code, the responsibilities for code administration and enforcement
are under the authority of its designated building official or the certified building
official-limited.
new text end

new text begin (b) Certified building official. This certification is identified as "certified building
official" on the certificate card. This certification is granted to an individual who has met
the certified building official requirements established by rule and passed the written
examination prepared by the state. A person with this certification may serve as the
designated building official for any municipality. For the purposes of calculating fees
under section 326B.092, certification as a building official is a master license.
new text end

new text begin (c) Certified building official-limited. This certification is identified as "certified
building official-limited" on the certification card. This certification is granted to an
individual who has met the certified building official-limited requirements established by
rule and passed the written examination prepared by the state. An individual with this
certification may perform code administration for one- and two-family dwellings, their
accessory structures, and "exempt classes of buildings" as provided in Minnesota Rules,
part 1800.5000, of the Board of Architecture, Engineering, Land Surveying, Landscape
Architecture, Geoscience, and Interior Design, and "facilities for persons with physical
disabilities" that are governed by the State Building Code. Subject to the limitations of the
building official-limited certification, an individual with this certification may serve as
the designated building official for any municipality. Code administration for all other
buildings must be performed by a certified building official as defined in paragraph (a). A
certified building official-limited may conduct inspections for other structures regulated
by the State Building Code under the direction of a designated certified building official or
the state building official.
new text end

new text begin Subject to all other certification requirements, as of January 1, 2012, valid Class I
certifications shall be included in the certified building official-limited category upon the
next immediate renewal. For the purposes of calculating fees under section 326B.092,
certification as a building official-limited is a journeyman license.
new text end

new text begin (d) Accessibility specialist. This certification is identified as accessibility specialist
on the certification card. This certification is granted to an individual who has met
the "accessibility specialist" requirements established by rule and passed the written
examination prepared by the state. An individual with this classification is limited to the
administration of those provisions of the State Building Code that provide access for
persons with disabilities. For the purposes of calculating fees under section 326B.092,
certification as an accessibility specialist is a journeyman license.
new text end

Sec. 13.

Minnesota Statutes 2008, section 326B.133, subdivision 8, is amended to read:


Subd. 8.

Continuing educationnew text begin requirements; extension of timenew text end.

new text begin (a) This
subdivision establishes the number of continuing education units required within each
two-year certification period.
new text end

new text begin A certified building official shall accumulate 16 continuing education units in any
education program that is approved under Minnesota Rules, part 1301.1000.
new text end

new text begin A certified building official-limited shall, in each year of the initial two-year
certification period, accumulate eight continuing education units in any education program
that is approved under Minnesota Rules, part 1301.1000. Continuing education units
shall be reported annually during the initial two-year certification period by the method
established in rule. A certified building official-limited shall accumulate 16 continuing
education units for each two-year certification period thereafter in any education program
that is approved under Minnesota Rules, part 1301.1000.
new text end

new text begin An accessibility specialist must accumulate four continuing education units in any
of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four
units must be for courses relating to building accessibility, plan review, field inspection,
or building code administration.
new text end

new text begin Continuing education programs may be approved as established in rule.
new text end

new text begin (b) new text endSubject to sections 326B.101 to 326B.194, the commissioner may by rule
establish or approve continuing education programs for certified building officials dealing
with matters of building code administration, inspection, and enforcement.

Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner to deleted text beginretaindeleted text endnew text begin
renew
new text end certification.

new text begin (c) The state building official may grant an extension of time to comply with
continuing education requirements if the certificate holder requesting the extension of
time shows cause for the extension. The request for the extension must be in writing. For
purposes of this section, the certificate holder's current certification effective dates shall
remain the same. The extension does not relieve the certificate holder from complying
with the continuing education requirements for the next two-year period.
new text end

Sec. 14.

Minnesota Statutes 2008, section 326B.133, subdivision 11, is amended to
read:


Subd. 11.

Failure to renew.

An individual who has failed to make a timely
application for renewal of a certificate is not certified and must not serve as the designated
building official for any municipalitynew text begin, or a certified building official, a certified building
official-limited, or an accessibility specialist
new text end until a renewed certificate has been issued by
the commissioner.

Sec. 15.

Minnesota Statutes 2008, section 326B.197, is amended to read:


326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS.

(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
fuel burning, or refrigeration work must give new text beginand maintain new text endbond to the state in the amount
of $25,000 for all work entered into within the state. The bond must be for the benefit of
persons suffering financial loss by reason of the contractor's failure to comply with the
requirements of the State Mechanical Code. A bond given to the state must be filed with
the commissioner of labor and industry and is in lieu of all other bonds to any political
subdivision required for work covered by this section. The bond must be written by a
corporate surety licensed to do business in the state.

(b) The commissioner of labor and industry may charge each person giving bond
under this section deleted text beginan annualdeleted text endnew text begin a biennialnew text end bond filing fee of deleted text begin$15deleted text endnew text begin $100new text end.

Sec. 16.

Minnesota Statutes 2008, section 326B.33, subdivision 18, is amended to read:


Subd. 18.

Examination.

In addition to the other requirements described in this
section new text beginand sections 326B.091 to 326B.098, new text endand except as provided in subdivision 20, as a
precondition to issuance of a personal license, each applicant must pass a written or oral
examination developed and administered by the commissioner to ensure the competence of
each applicant for license. An oral examination shall be administered only to an applicant
who furnishes a written statement from a certified teacher or other professional, trained in
the area of reading disabilities stating that the applicant has a specific reading disability
which would prevent the applicant from performing satisfactorily on a written test. The
oral examination shall be structured so that an applicant who passes the examination
will not impair the applicant's own safety or that of others while acting as a licensed
individual. deleted text beginNo individual failing an examination may retake it for six months thereafter,
but within such six months the individual may take an examination for a lesser grade of
license. Any individual failing to renew a personal license for two years or more after its
expiration, and any licensee whose personal license is revoked under this chapter, shall
be required to retake the examination before being issued a new license. An individual
whose personal license is revoked under any other chapter is not required to retake the
examination before being issued a new license, unless the personal license was revoked
two years or more before the commissioner received the completed application for a new
license. A licensee whose personal license is suspended for any reason is not required to
retake the examination before the personal license is reinstated, unless the personal license
has not been reinstated within two years after the suspension began.
deleted text end

deleted text begin An applicant for a personal license shall submit to the commissioner an application
and examination fee at the time of application. Upon approval of the application, the
commissioner shall schedule the applicant for the next available examination, which shall
be held within 60 days. The applicant shall be allowed one opportunity to reschedule
an examination without being required to submit another application and examination
fee. Additionally, an applicant who fails an examination, or whose application was not
approved, shall submit another application and examination fee.
deleted text end

Sec. 17.

Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19,
is amended to read:


Subd. 19.

License, registration, and renewal fees; expiration.

(a) Unless
revoked or suspended under this chapter, all licenses issued or renewed under this section
expire on the date specified in this subdivision. Master licenses expire March 1 of each
odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
1 of each even-numbered year after issuance or renewal. Technology system contractor
licenses expire August 1 of each even-numbered year after issuance or renewal. All
other personal licenses expire two years from the date of original issuance and every two
years thereafter. Registrations of unlicensed individuals expire one year from the date of
original issuance and every year thereafter.

deleted text begin (b) Fees for application and examination, and for the original issuance and each
subsequent renewal, are:
deleted text end

deleted text begin (1) For each personal license application and examination: $35;
deleted text end

deleted text begin (2) For original issuance and each subsequent renewal of:
deleted text end

deleted text begin Class A Master or master special electrician, including master elevator constructor:
$40 per year;
deleted text end

deleted text begin Class B Master: $25 per year;
deleted text end

deleted text begin Power Limited Technician: $15 per year;
deleted text end

deleted text begin Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman,
or Maintenance Electrician other than master special electrician: $15 per year;
deleted text end

deleted text begin Contractor: $100 per year;
deleted text end

deleted text begin Unlicensed individual registration: $15 per year.
deleted text end

deleted text begin (c) If any new license is issued in accordance with this subdivision for less than two
years, the fee for the license shall be prorated on an annual basis.
deleted text end

deleted text begin (d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated in accordance with this subdivision, the
amount of the overpayment shall be refunded.
deleted text end

deleted text begin (e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
reinstated.
deleted text end

deleted text begin (f) An individual or contractor who fails to renew a license before 30 days after the
expiration or registration of the license must submit a late fee equal to one year's license
fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not
prorated. An individual or contractor that fails to renew a license or registration by the
expiration date is unlicensed until the license or registration is renewed.
deleted text end

new text begin (b) For purposes of calculating license fees and renewal license fees required under
section 326B.092:
new text end

new text begin (1) the registration of an unlicensed individual under subdivision 12 shall be
considered an entry level license;
new text end

new text begin (2) the following licenses shall be considered journeyman licenses: Class A
journeyman electrician, Class B journeyman electrician, Class A installer, Class B installer,
elevator constructor, lineman, maintenance electrician, and power limited technician;
new text end

new text begin (3) the following licenses shall be considered master licenses: Class A master
electrician, Class B master electrician, and master elevator constructor; and
new text end

new text begin (4) the following licenses shall be considered business licenses: Class A electrical
contractor, Class B electrical contractor, elevator contractor, and technology systems
contractor.
new text end

new text begin (c) For each filing of a certificate of responsible person by an employer, the fee is
$100.
new text end

Sec. 18.

Minnesota Statutes 2008, section 326B.33, subdivision 20, is amended to read:


Subd. 20.

Reciprocity.

The commissioner may enter into reciprocity agreements
for personal licenses with another state if approved by the board. Once approved by the
board, the commissioner may issue a personal license without requiring the applicant to
pass an examination provided the applicant:

(a) submits an application under this section;

(b) pays the new text beginapplication and examination new text endfee new text beginand license fee new text endrequired under deleted text beginthisdeleted text end
sectionnew text begin 326B.092new text end; and

(c) holds a valid comparable license in the state participating in the agreement.

Agreements are subject to the following:

(1) The parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to Minnesota's.

(2) The experience and training requirements under which an individual applicant
qualified for examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the applicant
acquired the license in the qualifying state.

(3) The applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota.
A lesser class of license may be granted where the applicant has acquired a greater
class of license in the qualifying state and the applicant otherwise meets the conditions
of this subdivision.

(4) At the time of application, the applicant must hold a valid license in the
qualifying state and have held the license continuously for at least one year before making
application in Minnesota.

(5) An applicant is not eligible for a license under this subdivision if the applicant
has failed the same or greater class of license examination in Minnesota, or if the
applicant's license of the same or greater class has been revoked or suspended.

(6) An applicant who has failed to renew a personal license for two years or more
after its expiration is not eligible for a license under this subdivision.

Sec. 19.

Minnesota Statutes 2008, section 326B.33, subdivision 21, is amended to read:


Subd. 21.

Exemptions from licensing.

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

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

(2) the individual is supervised by:

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

(ii) a licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuits or
systems work, a licensed power limited technician; and

(3) the individual's employer has deleted text beginfileddeleted text endnew text begin on filenew text end with the commissioner a new text begincurrent
new text endcertificate of responsible person, signed by the responsible master electrician of the
contractor, the licensed master electrician, the licensed maintenance electrician, the
electrical engineer, or the licensed power limited technician, and stating that the person
signing the certificate is responsible for ensuring that the maintenance and repair work
performed by the employer's employees complies with the Minnesota Electrical Act and
the rules adopted under that act. new text beginThe employer must pay a filing fee to file a certificate of
responsible person with the commissioner. The certificate shall expire two years from the
date of filing. In order to maintain a current certificate of responsible person, the employer
must resubmit a certificate of responsible person, with a filing fee, no later than two years
from the date of the previous submittal.
new text end

(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
for the planning, laying out, installing, altering, and repairing of technology circuits or
systems except planning, laying out, or installing:

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

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

(3) technology circuits or systems in hazardous classified locations as covered by
chapter 5 of the National Electrical Code.

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

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
when performing heating, ventilating, air conditioning, or refrigeration work as described
in section 326B.38.

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

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

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

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

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

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

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

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

Sec. 20.

Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Contractor. new text end

new text begin "Contractor" means a person who performs or offers
to perform any plumbing work, with or without compensation, who is licensed as a
contractor by the commissioner. Contractor includes plumbing contractors and restricted
plumbing contractors.
new text end

Sec. 21.

Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Plumbing contractor. new text end

new text begin "Plumbing contractor" means a licensed contractor
whose responsible licensed plumber is a licensed master plumber.
new text end

Sec. 22.

Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Responsible licensed plumber. new text end

new text begin A contractor's "responsible licensed
plumber" means the licensed master plumber or licensed restricted master plumber
designated in writing by the contractor in the contractor's license application, or in another
manner acceptable to the commissioner, as the individual responsible for the contractor's
compliance with sections 326B.41 to 326B.49, all rules adopted under these sections and
sections 326B.50 to 326B.59, and all orders issued under section 326B.082.
new text end

Sec. 23.

Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Restricted plumbing contractor. new text end

new text begin "Restricted plumbing contractor"
means a licensed contractor whose responsible licensed plumber is a licensed restricted
master plumber.
new text end

Sec. 24.

Minnesota Statutes 2008, section 326B.44, is amended to read:


326B.44 LOCAL REGULATIONS.

Any of the following entities may, by ordinance, adopt local regulations providing
for plumbing permits, approval of plans and specifications, and inspections of plumbing,
which regulations are not in conflict with the plumbing code: any city having a system
of waterworks or sewerage, regardless of population; any town having a population of
5,000 or more according to the last federal census, exclusive of any statutory cities
located therein; and the Metropolitan Airports Commission. No such entity shall prohibit
deleted text begin plumbersdeleted text endnew text begin plumbing contractorsnew text end licensed by the commissioner from engaging in or working
at the business of plumbing, except cities and statutory cities which, prior to April 21,
1933, by ordinance required the licensing of plumbers. No such entity shall require any
person who engages in the business of plumbing to post a bond as a prerequisite for
engaging in the business of plumbing, except the bond to the state required under section
326B.46 and except any performance bond required under a contract with the person
for the performance of plumbing work for the entity. No such entity shall require any
person who engages in the business of plumbing to maintain public liability insurance
as a prerequisite for engaging in the business of plumbing, except the insurance required
under section 326B.46 and except any public liability insurance required under a contract
with the person for the performance of plumbing work for the entity. No city or town may
require a license for persons performing building sewer or water service installation who
have completed pipe laying training as prescribed by the commissioner of labor and
industry. Any city by ordinance may prescribe regulations, reasonable standards, and
inspections and grant permits to any person engaged in the business of installing water
softeners, who is not licensed as a deleted text beginmaster plumber or journeyman plumberdeleted text endnew text begin contractornew text end by
the commissioner, to connect water softening and water filtering equipment to private
residence water distribution systems, where provision has been previously made therefor
and openings left for that purpose or by use of cold water connections to a domestic
water heater; where it is not necessary to rearrange, make any extension or alteration of,
or addition to any pipe, fixture or plumbing connected with the water system except to
connect the water softener, and provided the connections so made comply with minimum
standards prescribed by the Plumbing Board.

Sec. 25.

Minnesota Statutes 2008, section 326B.46, as amended by Laws 2009, chapter
78, article 5, section 14, and chapter 109, section 13, is amended to read:


326B.46 LICENSING, BOND AND INSURANCE.

Subdivision 1.

License required.

(a) No deleted text beginpersondeleted text endnew text begin individualnew text end shall engage in or work
at the business of a master plumber, restricted master plumber, journeyman plumber,
and restricted journeyman plumber unless licensed to do so by the deleted text beginstatedeleted text end commissioner.
A license is not required for individuals performing building sewer or water service
installation who have completed pipe laying training as prescribed by the commissioner
deleted text begin of labor and industrydeleted text end. A master plumber may also work as a journeyman plumber, a
restricted journeyman plumber, and a restricted master plumber. A journeyman plumber
may also work as a restricted journeyman plumber. Anyone not so licensed may do
plumbing work which complies with the provisions of the minimum standards prescribed
by the Plumbing Board on premises or that part of premises owned and actually occupied
by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.

(b) No person shall engage in the business of planning, superintending, or installing
plumbing or shall install plumbing in connection with the dealing in and selling of
plumbing material and supplies unless at all times a licensed master plumber, or in cities
and towns with a population of fewer than 5,000 according to the new text beginlast new text endfederal census, a
restricted master plumber, who shall be responsible for proper installation, is in charge
of the plumbing work of the persondeleted text begin, firm, or corporationdeleted text end.

new text begin (c) Except as provided in subdivision 2, no person shall perform or offer to perform
plumbing work with or without compensation unless the person obtains a contractor's
license. A contractor's license does not of itself qualify its holder to perform the plumbing
work authorized by holding a master, journeyman, restricted master, or restricted
journeyman license.
new text end

new text begin Subd. 1a. new text end

new text begin Exemptions from licensing. new text end

new text begin (a) An individual without a contractor
license may do plumbing work on the individual's residence in accordance with
subdivision 1, paragraph (a).
new text end

new text begin (b) An individual who is an employee working on the maintenance and repair of
plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
and which is within the limits of property owned or leased, and operated or maintained by
the individual's employer, shall not be required to maintain a contractor license as long
as the employer has on file with the commissioner a current certificate of responsible
person. The certificate must be signed by the responsible master plumber or, in an area of
the state that is not a city or town with a population of more than 5,000 according to the
last federal census, restricted master plumber, and must state that the person signing the
certificate is responsible for ensuring that the maintenance and repair work performed by
the employer's employees comply with sections 326B.41 to 326B.49, all rules adopted
under those sections and sections 326B.50 to 326B.59, and all orders issued under section
326B.082. The employer must pay a filing fee to file a certificate of responsible person
with the commissioner. The certificate shall expire two years from the date of filing. In
order to maintain a current certificate of responsible person, the employer must resubmit a
certificate of responsible person, with a filing fee, no later than two years from the date of
the previous submittal. The filing of the certificate of responsible person does not exempt
any employee of the employer from the requirements of this chapter regarding individual
licensing as a plumber or registration as a plumber's apprentice.
new text end

new text begin (c) If a contractor employs a licensed plumber, the licensed plumber does not need a
separate contractor license to perform plumbing work on behalf of the employer within
the scope of the licensed plumber's license.
new text end

new text begin Subd. 1b. new text end

new text begin Employment of master plumber or restricted master plumber. new text end

new text begin (a)
Each contractor must designate a responsible licensed plumber, who shall be responsible
for the performance of all plumbing work in accordance with sections 326B.41 to
326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all
orders issued under section 326B.082. A plumbing contractor's responsible licensed
plumber must be a master plumber. A restricted plumbing contractor's responsible licensed
plumber must be a master plumber or a restricted master plumber. A plumbing contractor
license authorizes the contractor to offer to perform and, through licensed and registered
individuals, to perform plumbing work in all areas of the state. A restricted plumbing
contractor license authorizes the contractor to offer to perform and, through licensed and
registered individuals, to perform plumbing work in all areas of the state except in cities
and towns with a population of more than 5,000 according to the last federal census.
new text end

new text begin (b) If the contractor is an individual or sole proprietorship, the responsible licensed
plumber must be the individual, proprietor, or managing employee. If the contractor is
a partnership, the responsible licensed plumber must be a general partner or managing
employee. If the contractor is a limited liability company, the responsible licensed plumber
must be a chief manager or managing employee. If the contractor is a corporation, the
responsible licensed plumber must be an officer or managing employee. If the responsible
licensed plumber is a managing employee, the responsible licensed plumber must be
actively engaged in performing plumbing work on behalf of the contractor, and cannot be
employed in any capacity as a plumber for any other contractor. An individual may be
the responsible licensed plumber for only one contractor.
new text end

new text begin (c) All applications and renewals for contractor licenses shall include a verified
statement that the applicant or licensee has complied with this subdivision.
new text end

Subd. 2.

Bond; insurance.

deleted text beginAny person contracting to do plumbing work must givedeleted text end
new text begin As a condition of licensing, each contractor shall give and maintain new text endbond to the state in the
amount of at least $25,000 for (1) all plumbing work entered into within the state or (2)
all plumbing work and subsurface sewage treatment work entered into within the state.
If the bond is for both plumbing work and subsurface sewage treatment work, the bond
must comply with the requirements of this section and section 115.56, subdivision 2,
paragraph (e). The bond shall be for the benefit of persons injured or suffering financial
loss by reason of failure to comply with the requirements of the State Plumbing Code and,
if the bond is for both plumbing work and subsurface sewage treatment work, financial
loss by reason of failure to comply with the requirements of sections 115.55 and 115.56.
The bond shall be filed with the commissioner and shall be written by a corporate surety
licensed to do business in the state.

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

deleted text begin Subd. 3. deleted text end

deleted text begin Bond and insurance exemption. deleted text end

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

deleted text begin Subd. 4. deleted text end

deleted text begin Fee. deleted text end

deleted text begin (a) Each person giving bond to the state under subdivision 2 shall pay
the department a bond registration fee of $40 for one year or $80 for two years.
deleted text end

deleted text begin (b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the bond registration from one year
to two years so that the expiration of bond registration corresponds with the expiration of
the license issued under section 326B.475 or 326B.49, subdivision 1.
deleted text end

Subd. 5.

Exterior connections.

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

Sec. 26.

Minnesota Statutes 2008, section 326B.47, is amended to read:


326B.47 PLUMBER'S APPRENTICES.

Subdivision 1.

Registrationnew text begin; supervision; recordsnew text end.

new text begin(a)new text end All plumber's apprentices
must be registered. To be a registered plumber's apprentice, an individual must either:

(1) be an individual employed in the trade of plumbing under an apprenticeship
agreement approved by the department under Minnesota Rules, part 5200.0300; or

(2) be an unlicensed individual registered with the commissioner under subdivision
3.

new text begin (b)new text end A plumber's apprentice is authorized to assist in the installation of plumbing
only while under the direct supervision of a master, restricted master, journeyman, or
restricted journeyman plumber. The master, restricted master, journeyman, or restricted
journeyman plumber is responsible for ensuring that all plumbing work performed by the
plumber's apprentice complies with the plumbing code. new text beginThe supervising master, restricted
master, journeyman, or restricted journeyman must be licensed and must be employed
by the same employer as the plumber's apprentice. Licensed individuals shall not permit
plumber's apprentices to perform plumbing work except under the direct supervision of
an individual actually licensed to perform such work. Plumber's apprentices shall not
supervise the performance of plumbing work or make assignments of plumbing work
to unlicensed individuals.
new text end

new text begin (c) Contractors employing plumber's apprentices to perform plumbing work shall
maintain records establishing compliance with this subdivision that shall identify all
plumber's apprentices performing plumbing work, and shall permit the department to
examine and copy all such records.
new text end

Subd. 2.

Journeyman exam.

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

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

Subd. 3.

Registration, rules, applications, renewals, and fees.

An unlicensed
individual may register by completing and submitting to the commissioner deleted text begina registrationdeleted text endnew text begin
an application
new text end form provided by the commissionernew text begin, with all fees required by section
326B.092
new text end. A completed deleted text beginregistrationdeleted text endnew text begin applicationnew text end form must state the date the individual
began training, the individual's age, schooling, previous experience, and employer,
and other information required by the commissioner. The board may prescribe rules,
not inconsistent with this section, for the registration of unlicensed individuals. deleted text beginEach
applicant for initial registration as a plumber's apprentice shall pay the department an
application fee of $25.
deleted text end Applications for initial registration may be submitted at any time.
Registration must be renewed annually and shall be for the period from July 1 of each year
to June 30 of the following year. deleted text beginApplications for renewal registration must be received
by the commissioner by June 30 of each registration period on forms provided by the
commissioner, and must be accompanied by a fee of $25. An application for renewal
registration received on or after July 1 in any year but no more than three months after
expiration of the previously issued registration must pay the past due renewal fee plus a
late fee of $25. No applications for renewal registration will be accepted more than three
months after expiration of the previously issued registration.
deleted text end

Sec. 27.

Minnesota Statutes 2008, section 326B.475, subdivision 2, is amended to read:


Subd. 2.

Use of license.

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

Sec. 28.

Minnesota Statutes 2009 Supplement, section 326B.475, subdivision 4,
is amended to read:


Subd. 4.

Renewal; use period for license.

(a) A restricted master plumber and
restricted journeyman plumber license must be renewed for as long as that licensee
engages in the plumbing trade. new text beginNotwithstanding section 326B.094, new text endfailure to renew a
restricted master plumber and restricted journeyman plumber license within 12 months
after the expiration date will result in permanent forfeiture of the restricted master plumber
and restricted journeyman plumber license.

(b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of restricted master
plumber and restricted journeyman plumber licenses from one year to two years. By
June 30, 2011, all restricted master plumber and restricted journeyman plumber licenses
shall be two-year licenses.

Sec. 29.

Minnesota Statutes 2009 Supplement, section 326B.49, subdivision 1, is
amended to read:


Subdivision 1.

Application, examination, and license fees.

(a) Applications for
new text begin master and journeyman new text endplumber's deleted text beginlicensedeleted text endnew text begin licensesnew text end shall be made to the commissioner, with
deleted text begin feedeleted text endnew text begin all fees required by section 326B.092new text end. Unless the applicant is entitled to a renewal,
the applicant shall be licensed by the commissioner only after passing a satisfactory
examination developed and administered by the commissioner, based upon rules adopted
by the Plumbing Board, showing fitness. deleted text beginExamination fees for both journeyman and
master plumbers shall be $50 for each examination. Upon being notified of having
successfully passed the examination for original license the applicant shall submit an
application, with the license fee herein provided. The license fee for each initial master
plumber's license shall be $240. The license fee for each initial journeyman plumber's
license shall be $110.
deleted text end

(b) All initial deleted text beginmaster anddeleted text end journeyman plumber's licenses shall be effective for more
than one calendar year and shall expire on December 31 of the year after the year in which
the application is made. deleted text beginThe license fee for each renewal master plumber's license shall be
$120 for one year or $240 for two years. The license fee for each renewal journeyman
plumber's license shall be $55 for one year or $110 for two years.
deleted text end new text beginAll master plumber's
licenses shall expire on December 31 of each even-numbered year after issuance or
renewal.
new text endThe commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of master and
journeyman plumber's licenses from one year to two years. By June 30, 2011, all renewed
master and journeyman plumber's licenses shall be two-year licenses.

(c) deleted text beginAny licensee who does not renew a license within two years after the license
expires is no longer eligible for renewal. Such an individual must retake and pass the
examination before a new license will be issued. A journeyman or master plumber who
submits a license renewal application after the time specified in rule but within two
years after the license expired must pay all past due renewal fees plus a late fee of $25.
deleted text endnew text begin
Applications for contractor licenses shall be made to the commissioner, with all fees
required by section 326B.092. All contractor licenses shall expire on December 31 of each
odd-numbered year after issuance or renewal.
new text end

new text begin (d) For purposes of calculating license fees and renewal license fees required under
section 326B.092:
new text end

new text begin (1) the following licenses shall be considered business licenses: plumbing contractor
and restricted plumbing contractor;
new text end

new text begin (2) the following licenses shall be considered master licenses: master plumber and
restricted master plumber;
new text end

new text begin (3) the following licenses shall be considered journeyman licenses: journeyman
plumber and restricted journeyman plumber; and
new text end

new text begin (4) the registration of a plumber's apprentice under section 326B.47, subdivision 3,
shall be considered an entry level license.
new text end

new text begin (e) For each filing of a certificate of responsible person by an employer, the fee is
$100.
new text end

Sec. 30.

Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Responsible licensed master. new text end

new text begin "Responsible licensed master" means the
licensed water conditioning master or licensed master plumber designated in writing by
the water conditioning contractor in the water conditioning contractor's license application,
or in another manner acceptable to the commissioner, as the individual responsible for
the water conditioning contractor's compliance with sections 326B.50 to 326B.59, all
rules adopted under these sections, the Minnesota Plumbing Code, and all orders issued
under section 326B.082.
new text end

Sec. 31.

Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Water conditioning contractor. new text end

new text begin "Water conditioning contractor"
means a person who performs or offers to perform any water conditioning installation or
water conditioning servicing, with or without compensation, who is licensed as a water
conditioning contractor by the commissioner.
new text end

Sec. 32.

Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Water conditioning journeyman. new text end

new text begin "Water conditioning journeyman"
means an individual, other than a water conditioning master, who has demonstrated
practical knowledge of water conditioning installation and servicing, and who is licensed
by the commissioner as a water conditioning journeyman.
new text end

Sec. 33.

Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:


new text begin Subd. 3b. new text end

new text begin Water conditioning master. new text end

new text begin "Water conditioning master" means
an individual who has demonstrated skill in planning, superintending, installing, and
servicing water conditioning installations, and who is licensed by the commissioner as a
water conditioning master.
new text end

Sec. 34.

Minnesota Statutes 2008, section 326B.54, is amended to read:


326B.54 VIOLATIONS TO BE REPORTED TO COMMISSIONER.

Such local authority as may be designated by any such ordinance for the issuance
of such water conditioning installation and servicing permits and approval of such plans
shall report to the commissioner persistent or willful violations of the same and any
incompetence of a licensed water conditioning contractornew text begin, licensed water conditioning
master,
new text end or licensed water conditioning deleted text begininstallerdeleted text endnew text begin journeymannew text end observed by the local authority.

Sec. 35.

Minnesota Statutes 2008, section 326B.55, as amended by 2010 H.F. No. 927,
section 13, if enacted, is amended to read:


326B.55 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.

Subdivision 1.

Licensing.

new text begin (a) Except as provided in paragraph (d), no individual
shall perform water conditioning installation or water conditioning servicing unless
licensed by the commissioner as a master plumber, journeyman plumber, water
conditioning master, or water conditioning journeyman, or, in all areas of the state except
in cities and towns with a population of more than 5,000 according to the last federal
census, as a restricted master plumber or restricted journeyman plumber.
new text end

new text begin (b) Except as provided in paragraph (e), no person shall perform or offer to
perform water conditioning installation or water conditioning servicing with or without
compensation unless the person obtains a water conditioning contractor's license. A water
conditioning contractor's license does not of itself qualify its holder to perform the water
conditioning installation or water conditioning servicing authorized by holding a water
conditioning master or water conditioning journeyman license.
new text end

new text begin (c) Except as provided in paragraph (d), new text end no person shall engage in or work at the
business of water conditioning installation or servicing anywhere in the state unless deleted text begin(1)deleted text end
at all times an individual licensed as a new text beginmaster plumber or new text endwater conditioning deleted text begincontractordeleted text endnew text begin
master
new text end by the commissioner deleted text beginshall bedeleted text endnew text begin, who isnew text end responsible for the proper new text begininstallation and
servicing, is in charge of the
new text endwater conditioning installation and servicing work deleted text beginof such
person, and (2) all installations, other than
deleted text endnew text begin.
new text end

new text begin If a water conditioning contractor employs a licensed master, restricted master,
journeyman or restricted journeyman plumber, or a licensed water conditioning master
or journeyman, then the licensed individual does not need a separate water conditioning
contractor license to perform water conditioning installation or servicing on behalf of the
employer within the scope of the individual's plumber license.
new text end

new text begin (d) No water conditioning contractor, water conditioning master, or water
conditioning journeyman license is required:
new text end

new text begin (1) fornew text end exchanges of portable new text beginwater conditioning new text endequipmentdeleted text begin, are performed by a
licensed water conditioning contractor or licensed water conditioning installer. Any
individual not so licensed may
deleted text endnew text begin; or
new text end

new text begin (2) for an individual tonew text end perform water conditioning work that complies with the
minimum standards prescribed by the Plumbing Board on premises or that part of
premises owned and occupied by the deleted text beginworkerdeleted text endnew text begin individualnew text end as a residence, unless otherwise
prohibited by a local ordinance.

Subd. 2.

Qualifications for licensing.

new text begin(a) new text endA water conditioning deleted text begincontractordeleted text endnew text begin masternew text end
license shall be issued only to an individual who has demonstrated skill in planning,
superintending, and servicing water conditioning installations, and has successfully passed
the examination for water conditioning deleted text begincontractorsdeleted text endnew text begin mastersnew text end. A water conditioning deleted text begininstallerdeleted text endnew text begin
journeyman
new text end license shall only be issued to an individual other than a water conditioning
deleted text begin contractordeleted text endnew text begin masternew text end who has demonstrated practical knowledge of water conditioning
installation, and has successfully passed the examination for water conditioning deleted text begininstallersdeleted text endnew text begin
journeymen
new text end. A water conditioning deleted text begininstallerdeleted text endnew text begin journeymannew text end must successfully pass the
examination for water conditioning deleted text begincontractorsdeleted text endnew text begin mastersnew text end before being licensed as a water
conditioning deleted text begincontractordeleted text endnew text begin masternew text end.

new text begin (b) Each water conditioning contractor must designate a responsible licensed master
plumber or a responsible licensed water conditioning master, who shall be responsible
for the performance of all water conditioning installation and servicing in accordance
with the requirements of sections 326B.50 to 326B.59, all rules adopted under these
sections, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If
the water conditioning contractor is an individual or sole proprietorship, the responsible
licensed master must be the individual, proprietor, or managing employee. If the water
conditioning contractor is a partnership, the responsible licensed master must be a general
partner or managing employee. If the water conditioning contractor is a limited liability
company, the responsible licensed master must be a chief manager or managing employee.
If the water conditioning contractor is a corporation, the responsible licensed master must
be an officer or managing employee. If the responsible licensed master is a managing
employee, the responsible licensed master must be actively engaged in performing water
conditioning work on behalf of the water conditioning contractor, and cannot be employed
in any capacity as a water conditioning master or water conditioning journeyman for any
other water conditioning contractor. An individual must not be the responsible licensed
master for more than one water conditioning contractor.
new text end

new text begin (c) All applications and renewals for water conditioning contractor licenses shall
include a verified statement that the applicant or licensee has complied with paragraph (b).
new text end

new text begin (d) Each application and renewal for a water conditioning master license, water
conditioning journeyman license, or a water conditioning contractor license shall be
accompanied by all fees required by section 326B.092.
new text end

Subd. 3.

Commissioner.

The commissioner shall:

(1) license water conditioning contractorsnew text begin, water conditioning masters,new text end and deleted text begininstallersdeleted text endnew text begin
water conditioning journeymen
new text end; and

(2) collect deleted text beginan examination fee from each examinee for a license as a water
conditioning contractor and an examination fee from each examinee for a license as a
water conditioning installer in an amount set forth in section 326B.58
deleted text endnew text begin the fees required by
section 326B.092
new text end.

new text begin Subd. 4. new text end

new text begin Plumber's apprentices. new text end

new text begin (a) A plumber's apprentice who is registered
under section 326B.47 is authorized to assist in water conditioning installation and water
conditioning servicing only while under the direct supervision of a master plumber,
journeyman plumber, water conditioning master, or water conditioning journeyman.
The master or journeyman is responsible for ensuring that all water conditioning work
performed by the plumber's apprentice complies with the plumbing code and rules
adopted under sections 326B.50 to 326B.59. The supervising master or journeyman must
be licensed and must be employed by the same employer as the plumber's apprentice.
Licensed individuals shall not permit plumber's apprentices to perform water conditioning
work except under the direct supervision of an individual actually licensed to perform
such work. Plumber's apprentices shall not supervise the performance of plumbing work
or make assignments of plumbing work to unlicensed individuals.
new text end

new text begin (b) Water conditioning contractors employing plumber's apprentices to perform
water conditioning work shall maintain records establishing compliance with this
subdivision that shall identify all plumber's apprentices performing water conditioning
work, and shall permit the department to examine and copy all such records.
new text end

Sec. 36.

Minnesota Statutes 2008, section 326B.56, as amended by Laws 2009, chapter
78, article 5, section 18, is amended to read:


326B.56 deleted text beginALTERNATIVE STATEdeleted text end BONDING AND INSURANCE
deleted text begin REGULATIONdeleted text end.

Subdivision 1.

Bonds.

(a) deleted text beginAn applicant for a water conditioning contractor or
installer license or renewal thereof who is required by any political subdivision to give a
bond to obtain or maintain the license, may comply with any political subdivision bonding
requirement by giving
deleted text endnew text begin As a condition of licensing, each water conditioning contractor
shall give and maintain
new text end a bond to the state as described in paragraph (b). No applicant for a
water conditioning contractor or installer license who maintains the bond under paragraph
(b) shall be otherwise required to meet the bond requirements of any political subdivision.

(b) Each bond given to the state under this subdivision shall be in the total sum of
$3,000 conditioned upon the faithful and lawful performance of all water conditioning
deleted text begin contracting or installing workdeleted text endnew text begin installation or servicingnew text end done within the state. The bond
shall be for the benefit of persons suffering injuries or damages due to the work. The bond
shall be filed with the commissioner and shall be written by a corporate surety licensed to
do business in this state. The bond must remain in effect at all times while the application
is pending and while the license is in effect.

Subd. 2.

Insurance.

(a) deleted text beginEach applicant for a water conditioning contractor or
installer license or renewal thereof who is required by any political subdivision to maintain
insurance to obtain or maintain the license may comply with any political subdivision's
insurance requirement by maintaining
deleted text endnew text begin As a condition of licensing, each water conditioning
contractor shall have and maintain in effect
new text end the insurance described in paragraph (b).
No applicant for a water conditioning contractor deleted text beginor installerdeleted text end license who maintains the
insurance described in paragraph (b) shall be otherwise required to meet the insurance
requirements of any political subdivision.

(b) The insurance shall provide coverage, including products liability coverage,
for all damages in connection with licensed work for which the licensee is liable, with
personal damage limits of at least $50,000 per person and $100,000 per occurrence and
property damage insurance with limits of at least $10,000. The insurance shall be written
by an insurer licensed to do business in this state and a certificate evidencing the insurance
shall be filed with the commissioner. The insurance must remain in effect at all times
while the application is pending and while the license is in effect. The insurance shall not
be canceled without the insurer first giving 15 days' written notice to the commissioner.

Subd. 3.

Bond and insurance exemption.

A water conditioning contractor or
installer who is an employee of a water conditioning contractor or installer, including
an employee engaged in the maintenance and repair of water conditioning equipment,
apparatus, or facilities owned, leased and operated, or maintained by the employer, is
not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
any political subdivision.

Subd. 4.

Fee.

(a) The commissioner shall collect a $40 bond registration fee for
one year or $80 for two years from each applicant for issuance or renewal of a water
conditioning contractor or installer license who elects to proceed under subdivisions
1 and 2.

(b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the bond registration from one year
to two years so that the expiration of bond registration corresponds with the expiration of
the license issued under section 326B.55.

Sec. 37.

Minnesota Statutes 2009 Supplement, section 326B.58, is amended to read:


326B.58 FEESnew text begin; RENEWALnew text end.

(a) deleted text beginExamination fees for both water conditioning contractors and water conditioning
installers shall be $50 for each examination.
deleted text end Each initial water conditioning deleted text begincontractor
and installer
deleted text endnew text begin master and water conditioning journeymannew text end license shall be effective for more
than one calendar year and shall expire on December 31 of the year after the year in which
the application is made. deleted text beginThe license fee for each initial water conditioning contractor's
license shall be $140, except that the license fee shall be $105 if the application is
submitted during the last three months of the calendar year. The license fee for each
renewal water conditioning contractor's license shall be $70 for one year or $140 for two
years. The license fee for each initial water conditioning installer license shall be $70,
except that the license fee shall be $52.50 if the application is submitted during the last
three months of the calendar year. The license fee for each renewal water conditioning
installer license shall be $35 for one year or $70 for two years.
deleted text end

(b) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
deleted text begin contractor and installerdeleted text endnew text begin master and journeymannew text end licenses from one year to two years. By
June 30, 2011, all renewed water conditioning contractor and installer licenses shall be
two-year licenses. The deleted text begincommissionerdeleted text endnew text begin Plumbing Boardnew text end may by rule prescribe for the
expiration and renewal of licenses.

(c) deleted text beginAny licensee who does not renew a license within two years after the license
expires is no longer eligible for renewal. Such an individual must retake and pass the
examination before a new license will be issued. A water conditioning contractor or water
conditioning installer who submits a license renewal application after the time specified
in rule but within two years after the license expired must pay all past due renewal fees
plus a late fee of $25
deleted text endnew text begin All water conditioning contractor licenses shall expire on December
31 of the year after issuance or renewal
new text end.

new text begin (d) For purposes of calculating license fees and renewal fees required under section
326B.092:
new text end

new text begin (1) a water conditioning journeyman license shall be considered a journeyman
license;
new text end

new text begin (2) a water conditioning master license shall be considered a master license; and
new text end

new text begin (3) a water conditioning contractor license shall be considered a business license.
new text end

Sec. 38.

Minnesota Statutes 2008, section 326B.805, subdivision 6, is amended to read:


Subd. 6.

Exemptions.

The license requirement does not apply to:

(1) an employee of a licensee performing work for the licensee;

(2) a material person, manufacturer, or retailer furnishing finished products,
materials, or articles of merchandise who does not install or attach the items;

(3) an owner of residential real estate who builds or improves any structure on
residential real estate, if the building or improving is performed by the owner's bona fide
employees or by individual owners personally. This exemption does not apply to an
owner who constructs or improves property for purposes of speculation if the building
or improving is performed by the owner's bona fide employees or by individual owners
personally. A residential building contractor or residential remodeler will be presumed
to be building or improving for purposes of speculation if the contractor or remodeler
constructs or improves more than one property within any 24-month period;

(4) an architect or professional engineer engaging in professional practice as defined
by section 326.02, subdivisions 2 and 3;

(5) a person whose total gross annual receipts for performing specialty skills for
which licensure would be required under this section do not exceed $15,000;

(6) a mechanical contractor;

(7) a plumber, electrician, or other person whose profession is otherwise subject to
statewide licensing, when engaged in the activity which is the subject of that licensure;

(8) specialty contractors who provide only one special skill as defined in section
326B.802;

(9) a school district, or a technical college governed under chapter 136F; and

(10) Habitat for Humanity and Builders Outreach Foundation, and their individual
volunteers when engaged in activities on their behalf.

To qualify for the exemption in clause (5), a person must obtain a certificate of exemption
from licensure from the commissioner. A certificate of exemption will be issued upon
the applicant's filing with the commissioner, an affidavit stating that the applicant does
not expect to exceed $15,000 in gross annual receipts derived from performing services
which require licensure under this sectionnew text begin during the calendar year in which the affidavit
is received. For the purposes of calculating fees under section 326B.092, a certificate of
exemption is an entry level license
new text end. To renew the exemption in clause (5), the applicant
must file an affidavit stating that the applicant did not exceed $15,000 in gross annual
receipts during the past calendar year. If a person, operating under the exemption in
clause (5), exceeds $15,000 in gross receipts during any calendar year, the person
must immediately surrender the deleted text beginexemptiondeleted text end certificate new text beginof exemption new text endand apply for the
appropriate license. The person must remain licensed until such time as the person's gross
annual receipts during a calendar year fall below $15,000. The person may then apply for
an exemption for the next calendar year.

Sec. 39.

Minnesota Statutes 2009 Supplement, section 326B.815, subdivision 1,
is amended to read:


Subdivision 1.

deleted text beginLicensing feedeleted text endnew text begin Feesnew text end.

(a) deleted text beginThe licensing fee for persons licensed
pursuant to sections 326B.802 to 326B.885, except for manufactured home installers,
is $200 for a two-year period. The
deleted text endnew text begin For the purposes of calculating fees under section
326B.092, an initial or renewed residential contractor, residential remodeler, or residential
roofer license is a business license. Notwithstanding section 326B.092, the
new text end licensing fee
for manufactured home installers under section 327B.041 is $300 for a three-year period.

(b) All initial new text beginand renewal new text endlicenses, except for manufactured home installer licenses,
shall be effective for two years and shall expire on March 31 of the year after the year in
which the application is made. deleted text beginThe license fee for each renewal of a residential contractor,
residential remodeler, or residential roofer license shall be $100 for one year and $200
for two years.
deleted text end

(c) The commissioner shall in a manner determined by the commissioner, without
the need for any rulemaking under chapter 14, phase in the renewal of residential
contractor, residential remodeler, and residential roofer licenses from one year to two
years. By June 30, 2011, all renewed residential contractor, residential remodeler, and
residential roofer licenses shall be two-year licenses.

Sec. 40.

Minnesota Statutes 2008, section 326B.83, subdivision 1, is amended to read:


Subdivision 1.

Form.

new text begin(a) new text endAn applicant for a license under sections 326B.802 to
326B.885 must submit an application, under oath and accompanied by the deleted text beginlicense feedeleted text endnew text begin feesnew text end
required by section deleted text begin326B.815deleted text endnew text begin 326B.092new text end, on a form prescribed by the commissioner.
deleted text begin Within 30 business days of receiving all required information, the commissioner must
act on the license request.
deleted text end

new text begin (b)new text end If one of the categories in the application does not apply, the applicant must
identify the category and state the reason the category does not apply. The commissioner
may refuse to issue a license if the application is not complete or contains unsatisfactory
information.

Sec. 41.

Minnesota Statutes 2008, section 326B.83, subdivision 3, is amended to read:


Subd. 3.

Examination.

(a) Each qualifying person must deleted text beginsatisfactorily completedeleted text endnew text begin passnew text end
a written examination for the type of license requested. The commissioner may establish
the examination qualifications, including related education experience and education, the
examination procedure, and the examination for each licensing group. The examination
must include at a minimum the following areas:

(1) appropriate knowledge of technical terms commonly used and the knowledge of
reference materials and code books to be used for technical information; and

(2) understanding of the general principles of business management and other
pertinent state laws.

(b) Each examination must be designed for the specified type of license requested.

deleted text begin (c) An individual's passing examination results expire two years from the
examination date. An individual who passes the examination but does not choose to apply
to act as a qualifying person for a licensee within two years from the examination date,
must, upon application provide:
deleted text end

deleted text begin (1) passing examination results within two years from the date of application; or
deleted text end

deleted text begin (2) proof that the person has fulfilled the continuing education requirements in
section 326B.821 in the manner required for a qualifying person of a licensee for each
license period after the expiration of the examination results.
deleted text end

Sec. 42.

Minnesota Statutes 2008, section 326B.83, subdivision 6, is amended to read:


Subd. 6.

License.

A nonresident of Minnesota may be licensed as a residential
building contractor, residential remodeler, residential roofer, or manufactured home
installer upon compliance with all the provisions of sections new text begin326B.092 to 326B.098 and
new text end326B.802
to 326B.885.

Sec. 43.

Minnesota Statutes 2009 Supplement, section 326B.86, subdivision 1, is
amended to read:


Subdivision 1.

Bond.

(a) Licensed manufactured home installers and licensed
residential roofers must post a new text beginbiennial new text endsurety bond in the name of the licensee with the
commissioner, conditioned that the applicant shall faithfully perform the duties and in
all things comply with all laws, ordinances, and rules pertaining to the license or permit
applied for and all contracts entered into. The new text beginbiennial new text endbond must be continuous and
maintained for so long as the licensee remains licensed. The aggregate liability of the
surety on the bond to any and all persons, regardless of the number of claims made
against the bond, may not exceed the amount of the bond. The bond may be canceled as
to future liability by the surety upon 30 days' written notice mailed to the commissioner
by regular mail.

(b) A licensed residential roofer must post a bond of at least $15,000.

(c) A licensed manufactured home installer must post a bond of at least $2,500.

Bonds issued under sections 326B.802 to 326B.885 are not state bonds or contracts
for purposes of sections 8.05 and 16C.05, subdivision 2.

Sec. 44.

Minnesota Statutes 2008, section 326B.865, is amended to read:


326B.865 SIGN CONTRACTOR; BOND.

(a) A sign contractor may post a compliance bond with the commissioner,
conditioned that the sign contractor shall faithfully perform duties and comply with
laws, ordinances, rules, and contracts entered into for the installation of signs. The bond
must be renewed deleted text beginannuallydeleted text endnew text begin bienniallynew text end and maintained for so long as determined by the
commissioner. The aggregate liability of the surety on the bond to any and all persons,
regardless of the number of claims made against the bond, may not exceed the annual
amount of the bond. The bond may be canceled as to future liability by the surety upon 30
days' written notice mailed to the commissioner by United States mail.

(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
local unit of government that requires sign contractors to post a compliance bond. The
bond is in lieu of any compliance bond required by a local unit of government.

(c) For purposes of this section, "sign" means a device, structure, fixture, or
placard using graphics, symbols, or written copy that is erected on the premises of an
establishment including the name of the establishment or identifying the merchandise,
services, activities, or entertainment available on the premises.

Sec. 45.

Minnesota Statutes 2008, section 326B.921, subdivision 2, is amended to read:


Subd. 2.

High pressure pipefitting business license.

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

A person must have at all times as a full-time employee at least one individual
holding a contracting high pressure pipefitter competency license. Only full-time
employees who hold contracting high pressure pipefitter licenses are authorized to obtain
high pressure piping permits in the name of the business. The contracting high pressure
pipefitter competency license holder can be the employee of only one high pressure piping
business at a time. new text beginAn application for a high pressure piping business license shall include
a verified statement that the applicant or licensee has complied with this subdivision.
new text end

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

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

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

Sec. 46.

Minnesota Statutes 2008, section 326B.921, subdivision 4, is amended to read:


Subd. 4.

Registration with commissioner.

An unlicensed individual may
register to assist in the practical construction and installation of high pressure piping
and appurtenances while in the employ of a licensed high pressure piping business by
completing and submitting to the commissioner a registration form provided by the
commissionernew text begin, with all fees required by section 326B.092new text end. The board may prescribe rules,
not inconsistent with this section, for the registration of unlicensed individuals.

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

Sec. 47.

Minnesota Statutes 2008, section 326B.921, subdivision 7, is amended to read:


Subd. 7.

License deleted text beginfeedeleted text endnew text begin, registration, and renewal feesnew text end.

deleted text begin The department shall charge
the following license fees:
deleted text end

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

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

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

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

deleted text begin (e) application for high pressure piping business license, $450;
deleted text end

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

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

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

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

new text begin For purposes of calculating license, registration, and renewal fees required under
section 326B.092:
new text end

new text begin (1) the registration of an unlicensed individual under subdivision 4 is an entry
level license;
new text end

new text begin (2) a journeyman high pressure pipefitter license is a journeyman license;
new text end

new text begin (3) a contracting high pressure pipefitter license is a master license; and
new text end

new text begin (4) a high pressure piping business license is a business license.
new text end

Sec. 48.

Minnesota Statutes 2008, section 326B.922, is amended to read:


326B.922 LICENSE APPLICATION AND RENEWAL.

new text begin (a) new text endApplication for a contracting high pressure pipefitter deleted text begincompetency ordeleted text endnew text begin,new text end a
journeyman high pressure pipefitter deleted text begincompetencydeleted text endnew text begin, or a high pressure piping businessnew text end
license shall be made to the department, with new text beginall new text endfeesnew text begin required by section 326B.092new text end.

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

new text begin (c) All initial contracting high pressure pipefitter licenses, journeyman high pressure
pipefitter licenses, and high pressure piping business licenses are effective for more than
one calendar year and expire on December 31 of the year after the year in which the
application is made. The commissioner shall in a manner determined by the commissioner,
without the need for any rulemaking under chapter 14, phase in the renewal of contracting
high pressure pipefitter, journeyman high pressure pipefitter, and high pressure piping
business licenses from one year to two years. By June 30, 2012, all such licenses shall be
two-year licenses.
new text end

Sec. 49.

Minnesota Statutes 2009 Supplement, section 326B.94, subdivision 4, is
amended to read:


Subd. 4.

Examinations, licensing.

new text beginEvery individual that operates a boat must hold
a current master's license issued by the commissioner, unless the individual holds a valid,
unlimited, current United States Coast Guard master's license.
new text endThe commissioner shall
develop and administer an examination for all masters of boats carrying passengers for
hire on the inland waters of the state as to their qualifications and fitness. If found qualified
and competent to perform their duties as a master of a boat carrying passengers for hire,
they shall be issued a license authorizing them to act as such on the inland waters of
the state. All initial master's licenses shall be for two years. The commissioner shall in
a manner determined by the commissioner, without the need for any rulemaking under
chapter 14, phase in the renewal of master's licenses from one year to two years. By June
30, 2011, all renewed master's licenses shall be two-year licenses. Fees for the original
issue and renewal of the license authorized under this section shall be pursuant to section
deleted text begin 326B.986, subdivision 2deleted text endnew text begin 326B.092new text end.

Sec. 50.

Minnesota Statutes 2008, section 326B.978, subdivision 2, is amended to read:


Subd. 2.

Applications.

Any individual who desires an engineer's license shall
submit an application on a written or electronic form prescribed by the commissioner, deleted text beginat
least 15 days before the requested exam date. If the commissioner approves the applicant
for examination, the applicant may take the examination on one occasion within one
year from the date the commissioner receives the application
deleted text endnew text begin with all fees required by
section 326B.092
new text end.

Sec. 51.

Minnesota Statutes 2008, section 326B.978, is amended by adding a
subdivision to read:


new text begin Subd. 19. new text end

new text begin Applicability. new text end

new text begin This section shall not apply to traction or hobby boiler
engineer's licenses or provisional licenses.
new text end

Sec. 52.

Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 5,
is amended to read:


Subd. 5.

Boiler engineer license fees.

deleted text begin (a) For the following licenses, the
nonrefundable license and application fee is:
deleted text end

deleted text begin (1) chief engineer's license, $70;
deleted text end

deleted text begin (2) first class engineer's license, $70;
deleted text end

deleted text begin (3) second class engineer's license, $70;
deleted text end

deleted text begin (4) special engineer's license, $40;
deleted text end

deleted text begin (5) traction or hobby boiler engineer's license, $50; and
deleted text end

deleted text begin (6) provisional license, $50.
deleted text end

deleted text begin (b) An engineer's license, except a provisional license, may be renewed upon
application and payment of a renewal fee of $20 for one year or $40 for two years. If
the renewal fee is paid later than 30 days after expiration, then a late fee of $15 will be
added to the renewal fee.
deleted text end

new text begin (a) For purposes of calculating license fees and renewal license fees required under
section 326B.092:
new text end

new text begin (1) the boiler special engineer license is an entry level license;
new text end

new text begin (2) the following licenses are journeyman licenses: first class engineer, Grade A;
first class engineer, Grade B; first class engineer, Grade C; second class engineer, Grade
A; second class engineer, Grade B; second class engineer, Grade C; and provisional
license; and
new text end

new text begin (3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler
chief engineer, Grade B; boiler chief engineer, Grade C; boiler commissioner inspector; or
traction or hobby boiler engineer.
new text end

new text begin (b) Notwithstanding section 326B.092, subdivision 7, paragraph (a), the license
duration for steam traction and hobby engineer licenses are one year only for the purpose
of calculating license fees under section 326B.092, subdivision 7, paragraph (b).
new text end

Sec. 53.

Minnesota Statutes 2008, section 327B.04, subdivision 2, is amended to read:


Subd. 2.

Subagency licenses.

Any dealer who has a place of business at more than
one location shall designate one location as its principal place of business, one name as its
principal name, and all other established places of business as subagencies. A subagency
license shall be required for each subagency. new text beginSubagency license renewal must coincide
with the principal license date.
new text endNo dealer shall do business as a dealer under any other
name than the name on its license.

Sec. 54.

Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7, is
amended to read:


Subd. 7.

Licenses; deleted text beginwhen granteddeleted text endnew text begin renewalnew text end.

new text beginIn addition to the requirements of this
section,
new text endeach application for a license or license renewal must be accompanied by deleted text begina fee in
an amount established by subdivision 7a
deleted text endnew text begin all applicable fees required by section 326B.092new text end.
The fees shall be set in an amount which over the fiscal biennium will produce revenues
approximately equal to the expenses which the commissioner expects to incur during that
fiscal biennium while administering and enforcing sections 327B.01 to 327B.12. deleted text beginThe
commissioner shall grant or deny a license application or a renewal application within 60
days of its filing.
deleted text end If the license is granted, the commissioner shall license the applicant as a
dealer or manufacturer for the remainder of the licensure period. Upon application by the
licensee, the commissioner shall renew the license for a two-year period, if:

(1) the renewal application satisfies the requirements of subdivisions 3 and 4;

(2) the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding licensure period; and

(3) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
327B.12 and all taxes, arrearages, and penalties owed to the state.

Sec. 55.

Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7a,
is amended to read:


Subd. 7a.

Fees.

(a) Fees for licenses issued pursuant to this section deleted text beginare as follows:deleted text endnew text begin
shall be calculated pursuant to section 326B.092.
new text end

deleted text begin (1) initial dealer license for principal location, $400. Fee is not refundable;
deleted text end

deleted text begin (2) initial dealer license for subagency location, $80;
deleted text end

deleted text begin (3) dealer license biennial renewal, principal location, $400; dealer subagency
location biennial renewal, $160. Subagency license renewal must coincide with the
principal license date;
deleted text end

deleted text begin (4) initial limited dealer license, $200;
deleted text end

deleted text begin (5) change of bonding company, $10;
deleted text end

deleted text begin (6) reinstatement of bond after cancellation notice has been received, $10;
deleted text end

deleted text begin (7) checks returned without payment, $15; and
deleted text end

deleted text begin (8) change of address, $10.
deleted text end

(b) All initial limited dealer licenses shall be effective for more than one calendar
year and shall expire on December 31 of the year after the year in which the application
is made.

(c) deleted text beginThe license fee for each renewed limited dealer license shall be $100 for one year
and $200 for two years.
deleted text endnew text begin For the purposes of calculating fees under section 326B.092, any
license issued under this section is a business license, except that a subagency license is a
master license.
new text end The commissioner shall in a manner determined by the commissioner,
without the need for any rulemaking under chapter 14, phase in the renewal of limited
dealer licenses from one year to two years. By June 30, 2011, all renewed limited dealer
licenses shall be two-year licenses.

deleted text begin (d) All fees are not refundable.
deleted text end

Sec. 56.

Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 8, is
amended to read:


Subd. 8.

Limited dealer's license.

The commissioner shall issue a limited dealer's
license to an owner of a manufactured home park authorizing the licensee as principal
only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
manufactured homes located in the owned manufactured home park. The licensee must be
the title holder of the homes and may engage in no more than ten sales during each year of
the two-year licensure period. An owner may, upon payment of the applicable fee and
compliance with this subdivision, obtain a separate license for each owned manufactured
home park and is entitled to sell up to 20 homes per license period provided that only one
limited dealer license may be issued for each park. The license shall be issued after:

(1) receipt of an application on forms provided by the commissioner containing
the following information:

(i) the identity of the applicant;

(ii) the name under which the applicant will be licensed and do business in this state;

(iii) the name and address of the owned manufactured home park, including a copy
of the park license, serving as the basis for the issuance of the license;

(iv) the name, home, and business address of the applicant;

(v) the name, address, and telephone number of one individual that is designated
by the applicant to receive all communications and cooperate with all inspections and
investigations of the commissioner pertaining to the sale of manufactured homes in the
manufactured home park owned by the applicant;

(vi) whether the applicant or its designated individual has been convicted of a crime
within the previous ten years that is either related directly to the business for which the
license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
judgment in a civil action involving fraud, misrepresentation, or conversion within the
previous five years or has had any government license or permit suspended or revoked
as a result of an action brought by a federal or state governmental agency in this or any
other state within the last five years; and

(vii) the applicant's qualifications and business history, including whether the
applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
any unsatisfied court judgments outstanding against it or them;

(2) payment of the license fee established by subdivision 7a; and

(3) provision of a surety bond in the amount of $5,000. A separate surety bond
must be provided for each limited license.

The applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
The holding of a limited dealer's license does not satisfy the requirement contained in
section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect
to obtaining a dealer license. The commissioner may, upon application for a renewal of a
license, require only a verification that copies of sales documents have been retained and
payment of the renewal deleted text beginfeedeleted text endnew text begin feesnew text end established by deleted text beginsubdivision 7adeleted text endnew text begin section 326B.092new text end. "Sales
documents" mean only the safety feature disclosure form defined in section 327C.07,
subdivision 3a
, title of the home, financing agreements, and purchase agreements.

The license holder shall, upon request of the commissioner, make available for
inspection during business hours sales documents required to be retained under this
subdivision.

Sec. 57.

Minnesota Statutes 2009 Supplement, section 327B.041, is amended to read:


327B.041 MANUFACTURED HOME INSTALLERS.

(a) Manufactured home installers are subject to all of the new text beginfees in section 326B.092
and the
new text endrequirements of sections 326B.802 to 326B.885, except for the following:

(1) manufactured home installers are not subject to the continuing education
requirements of section 326B.821, but are subject to the continuing education requirements
established in rules adopted under section 327B.10;

(2) the examination requirement of section 326B.83, subdivision 3, for manufactured
home installers shall be satisfied by successful completion of a written examination
administered and developed specifically for the examination of manufactured home
installers. The examination must be administered and developed by the commissioner. The
commissioner and the state building official shall seek advice on the grading, monitoring,
and updating of examinations from the Minnesota Manufactured Housing Association;

(3) a local government unit may not place a surcharge on a license fee, and may not
charge a separate fee to installers;

(4) a dealer or distributor who does not install or repair manufactured homes is
exempt from licensure under sections 326B.802 to 326B.885;

(5) the exemption under section 326B.805, subdivision 6, clause (5), does not
apply; and

(6) manufactured home installers are not subject to the contractor recovery fund
in section 326B.89.

(b) The commissioner may waive all or part of the requirements for licensure
as a manufactured home installer for any individual who holds an unexpired license or
certificate issued by any other state or other United States jurisdiction if the licensing
requirements of that jurisdiction meet or exceed the corresponding licensing requirements
of the departmentnew text begin and the individual complies with section 326B.092, subdivisions 1
and 3 to 7. For the purposes of calculating fees under section 326B.092, licensure as a
manufactured home installer is a business license
new text end.

Sec. 58. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In Minnesota Rules, the Revisor of Statutes shall change all references to Minnesota
Rules, part 1350.8300 to Minnesota Statutes, section 327B.04.
new text end

Sec. 59. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 326B.133, subdivisions 9 and 10; 326B.37,
subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56, subdivision 3; 326B.885,
subdivisions 3 and 4; and 326B.976,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, section 326B.56, subdivision 4, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, and 4;
1350.7200, subpart 3; and 1350.8000, subpart 2,
new text end new text begin are repealed.
new text end

Sec. 60. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 59 are effective January 1, 2012.
new text end