relating to economic development, labor, and industry; modifying grant and
loan programs; modifying duties; making technical changes; defining terms;
creating the Minnesota Science and Technology Authority; modifying licensing
provisions; imposing and modifying fees; modifying construction codes;
requesting a study; requiring reports; appropriating money;amending Minnesota
Statutes 2008, sections 116J.437, subdivision 1; 116J.8731, subdivisions 1, 4;
116J.996; 116L.665, subdivisions 3, 6, by adding a subdivision; 136F.06, by
adding a subdivision; 268.035, by adding a subdivision; 268.085, subdivision 16;
268.095, subdivision 5; 268.101, by adding a subdivision; 268.184, subdivision 1;
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; 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; 327.31, subdivision
17, by adding subdivisions; 327.32, subdivision 1, by adding subdivisions;
327.34, subdivision 1; 327B.04, subdivision 2; 469.1082, subdivision 5; 471.59,
subdivision 10; Minnesota Statutes 2009 Supplement, sections 116J.8731,
subdivision 3; 268.035, subdivision 23a; 268.095, subdivisions 2, 6; 268.105,
subdivision 1; 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; Laws 2009, chapter 78, article 1, section 3, subdivision 2; Laws
2010, chapter 216, section 58; proposing coding for new law in Minnesota
Statutes, chapters 116L; 326B; proposing coding for new law as Minnesota
Statutes, chapter 116W; repealing Minnesota Statutes 2008, sections 116J.657;
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; 327.32,
subdivision 4; 327C.07, subdivisions 3a, 8; Minnesota Statutes 2009 Supplement,
sections 326B.56, subdivision 4; 326B.986, subdivision 2; 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. Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to
Subdivision 1. Definitions. (a)
For the purpose of this section, the following terms
2.4have the meanings given.
"Green economy" means products, processes, methods, technologies, or services
intended to do one or more of the following:
(1) increase the use of energy from renewable sources, including through achieving
the renewable energy standard established in section
(2) achieve the statewide energy-savings goal established in section
including energy savings achieved by the conservation investment program under section
(3) achieve the greenhouse gas emission reduction goals of section
subdivision 1, including through reduction of greenhouse gas emissions, as defined in
216H.01, subdivision 2
, or mitigation of the greenhouse gas emissions through,
but not limited to, carbon capture, storage, or sequestration;
(4) monitor, protect, restore, and preserve the quality of surface waters, including
actions to further the purposes of the Clean Water Legacy Act as provided in section
2.18114D.10, subdivision 1
(5) expand the use of biofuels, including by expanding the feasibility or reducing the
cost of producing biofuels or the types of equipment, machinery, and vehicles that can
use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections
2.2241A.10, subdivision 2
2.23(6) increase the use of green chemistry, as defined in section 116.9401
For the purpose of clause (3), "green economy" includes strategies that reduce carbon
emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
transit or otherwise reducing commuting for employees.
2.27EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2008, section 116J.8731, subdivision 1, is amended to read:
Subdivision 1. Purpose.
The Minnesota investment fund is created to provide
financial and technical
assistance, through partnership with communities, for the creation
of new employment or to maintain existing employment, and for business start-up,
expansions, and retention. It shall accomplish these goals by the following means:
(1) creation or retention of permanent private-sector jobs in order to create
above-average economic growth consistent with environmental protection, which includes
investments in technology and equipment that increase productivity and provide for a
(2) stimulation or leverage of private investment to ensure economic renewal and
(3) increasing the local tax base, based on demonstrated measurable outcomes, to
guarantee a diversified industry mix;
(4) improving the quality of existing jobs, based on increases in wages or
improvements in the job duties, training, or education associated with those jobs;
(5) improvement of employment and economic opportunity for citizens in the region
to create a reasonable standard of living, consistent with federal and state guidelines
on low- to moderate-income persons; and
(6) stimulation of productivity growth through improved manufacturing or new
technologies, including cold weather testing.
Sec. 3. Minnesota Statutes 2009 Supplement, section 116J.8731, subdivision 3, is
amended to read:
Subd. 3. Eligible expenditures.
The money appropriated for this section may be
grants for infrastructure, loans, loan guarantees, interest buy-downs, and
other forms of participation with private sources of financing, provided that a loan to a
private enterprise must be for a principal amount not to exceed one-half of the cost of the
project for which financing is sought;
strategic investments in renewable energy market development, such as
low interest loans for renewable energy equipment manufacturing, training grants to
support renewable energy workforce, development of a renewable energy supply chain
that represents and strengthens the industry throughout the state, and external marketing
to garner more national and international investment into Minnesota's renewable sector.
Expenditures in external marketing for renewable energy market development are not
subject to the limitations in clause (1)
3.29(3) provide private entrepreneurs with training, other technical assistance, and
3.30financial assistance as provided in the small cities development block grant program.
Sec. 4. Minnesota Statutes 2008, section 116J.8731, subdivision 4, is amended to read:
Subd. 4. Eligible projects.
Assistance must be evaluated on the existence of the
(1) creation of new jobs, retention of existing jobs, or improvements in the quality of
existing jobs as measured by the wages, skills, or education associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public dollars induces private
(4) the project can demonstrate an excessive public infrastructure or improvement
cost beyond the means of the affected community and private participants in the project;
(5) the project provides higher wage levels to the community or will add value to
current workforce skills;
4.10(6) the project supports the development of microenterprises, as defined by federal
4.11statutes, through financial assistance, technical assistance, advice, or business services;
whether assistance is necessary to retain existing business;
whether assistance is necessary to attract out-of-state business; and
the project promotes or advances the green economy as defined in section
A grant or loan cannot be made based solely on a finding that the conditions in
exist. A finding must be made that a condition in clause (1), (2),
(5), or (6)
Applications recommended for funding shall be submitted to the commissioner.
Sec. 5. Minnesota Statutes 2008, section 116J.996, is amended to read:
4.21116J.996 MILITARY RESERVIST ECONOMIC INJURY AND
4.22VETERAN-OWNED SMALL BUSINESS LOANS.
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this
(b) "Active service" has the meaning given in section
(c) "Commissioner" means the commissioner of employment and economic
(d) "Eligible business" means a small business, as defined in section
was operating in Minnesota on the date a military reservist received orders for active
(e) "Essential employee" means a military reservist who is an owner or employee
of an eligible business and whose managerial or technical expertise is critical to the
day-to-day operation of the eligible business.
(f) "Military reservist" means a member of the reserve component of the armed
(g) "Reserve component of the armed forces" has the meaning given it in United
States Code, title 10, section 101(c).
(h) "Substantial economic injury" means an economic harm to an eligible business
that results in the inability of the eligible business to:
(1) meet its obligations as they mature;
(2) pay its ordinary and necessary operating expenses; or
(3) manufacture, produce, market, or provide a product or service ordinarily
manufactured, produced, marketed, or provided by the eligible business.
5.9(i) "Veteran-owned small business" means a small business, as defined in section
5.10645.445, that is majority-owned and operated by a recently separated veteran.
Subd. 2. Loan program.
The commissioner may make onetime, interest-free
loans of up to $20,000 per borrower to:
eligible businesses that have sustained or are likely to sustain substantial
economic injury as a result of the call to active service for 180 days or more of an essential
5.16(2) recently separated veterans who are veterans as defined in section 197.447,
5.17and have served in active military service, at any time on or after September 11, 2001,
5.18to start a veteran-owned small business
Loans for economic injury
must be made for the purpose of preventing, remedying, or
ameliorating the substantial economic injury.
Subd. 3. Revolving loan account.
The commissioner shall use money appropriated
for the purpose to establish a revolving loan account. All repayments of loans made
under this section must be deposited into this account. Interest earned on money in the
account accrues to the account. Money in the account is appropriated to the commissioner
for purposes of the loan program created in this section, including costs incurred by the
commissioner to establish and administer the program.
Subd. 4. Rules.
Using the expedited rulemaking procedures of section
commissioner shall develop and publish expedited rules for loan applications, use of
funds, needed collateral, terms of loans, and other details of military reservist economic
injury and veteran-owned small business
Sec. 6. Minnesota Statutes 2008, section 116L.665, subdivision 3, is amended to read:
Subd. 3. Purpose; duties.
The governor's Workforce Development Council shall
replace the governor's Job Training Council and assume all of its requirements, duties,
and responsibilities under the Workforce Investment Act. Additionally, the Workforce
Development Council shall assume the following duties and responsibilities:
(a) Review the provision of services and the use of funds and resources under
applicable federal human resource programs and advise the governor on methods of
coordinating the provision of services and the use of funds and resources consistent with
the laws and regulations governing the programs. For purposes of this section, applicable
federal and state human resource programs mean the:
(1) Workforce Investment Act, United States Code, title 29, section 2911, et seq.;
(2) Carl D. Perkins Vocational and Applied Technology Education Act, United
States Code, title 20, section 2301, et seq.;
(3) Adult Education Act, United States Code, title 20, section 1201, et seq.;
(4) Wagner-Peyser Act, United States Code, title 29, section 49;
(5) Personal Responsibility and Work Opportunities Act of 1996 (TANF);
(6) Food Stamp Act of 1977, United States Code, title 7, section 6(d)(4), Food Stamp
Employment and Training Program, United States Code, title 7, section 2015(d)(4); and
(7) programs defined in section
116L.19, subdivision 5
Additional federal and state programs and resources can be included within the scope
of the council's duties if recommended by the governor after consultation with the council.
(b) Review federal, state, and local education, postsecondary, job skills training,
and youth employment programs, and make recommendations to the governor and the
legislature for establishing an integrated seamless system for providing education and
work skills development services to learners and workers of all ages.
(c) Advise the governor on the development and implementation of statewide and
local performance standards and measures relating to applicable federal human resource
programs and the coordination of performance standards and measures among programs.
(d) Promote education and employment transitions programs and knowledge and
skills of entrepreneurship among employers, workers, youth, and educators, and encourage
employers to provide meaningful work-based learning opportunities;
(e) Evaluate and identify exemplary education and employment transitions programs
and provide technical assistance to local partnerships to replicate the programs throughout
(f) Advise the governor on methods to evaluate applicable federal human resource
(g) Sponsor appropriate studies to identify human investment needs in Minnesota
and recommend to the governor goals and methods for meeting those needs.
(h) Recommend to the governor goals and methods for the development and
coordination of a human resource system in Minnesota.
(i) Examine federal and state laws, rules, and regulations to assess whether they
present barriers to achieving the development of a coordinated human resource system.
(j) Recommend to the governor and to the federal government changes in state or
federal laws, rules, or regulations concerning employment and training programs that
present barriers to achieving the development of a coordinated human resource system.
(k) Recommend to the governor and to the federal government waivers of laws and
regulations to promote coordinated service delivery.
(l) Sponsor appropriate studies and prepare and recommend to the governor a
strategic plan which details methods for meeting Minnesota's human investment needs
and for developing and coordinating a state human resource system.
7.11(m) Provide the commissioner of employment and economic development and
7.12the committees of the legislature with responsibility for economic development with
7.13recommendations provided to the governor under this subdivision.
7.14(n) In consultation with local workforce councils and the Department of Employment
7.15and Economic Development, develop an ongoing process to identify and address local
7.16gaps in workforce services.
Sec. 7. Minnesota Statutes 2008, section 116L.665, subdivision 6, is amended to read:
Subd. 6. Staffing.
The Department of Employment and Economic Development
must provide staff
support, including but not limited to professional, technical, and clerical
7.20staff necessary to perform the duties assigned
to the Minnesota Workforce Development
The support includes professional, technical, and clerical staff necessary to
7.22 perform the duties assigned to the Workforce Development Council. All staff report to the
The council may ask for assistance from other units of state government as
it requires in order to fulfill its duties and responsibilities.
Sec. 8. Minnesota Statutes 2008, section 116L.665, is amended by adding a subdivision
7.27 Subd. 8. Funding. The commissioner shall develop recommendations on a funding
7.28formula for allocating Workforce Investment Act funds to the council with a minimum
7.29allocation of $350,000 per year. The commissioner shall report the funding formula
7.30recommendations to the legislature by January 15, 2011.
Sec. 9. [116L.98] WORKFORCE PROGRAM OUTCOMES.
7.32The commissioner shall develop and implement a set of standard approaches
7.33for assessing the outcomes of workforce programs under this chapter. The outcomes
8.1assessed must include, but are not limited to, periodic comparisons of workforce program
8.2participants and nonparticipants.
8.3The commissioner shall also monitor the activities and outcomes of programs and
8.4services funded by legislative appropriations and administered by the department on a
8.5pass-through basis and develop a consistent and equitable method of assessing recipients
8.6for the costs of its monitoring activities.
8.7EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 10. [116W.01] MINNESOTA SCIENCE AND TECHNOLOGY
8.10This chapter may be cited as the "Minnesota Science and Technology Authority Act."
Sec. 11. [116W.02] DEFINITIONS.
8.12 Subdivision 1. Applicability. For the purposes of this chapter, the terms in this
8.13section have the meanings given them.
8.14 Subd. 2. Authority. "Authority" means the Minnesota Science and Technology
8.16 Subd. 3. Eligible recipient. "Eligible recipient" means an entity primarily operating
8.17to create and retain jobs in the state's industrial base and maximize the economic growth
8.18of the state through:
8.19(1) high-technology research and development capabilities;
8.20(2) product and process innovation and commercialization;
8.21(3) high-technology manufacturing capabilities;
8.22(4) science and technology business environment; or
8.23(5) science and technology workforce preparation.
8.24 Subd. 4. Advisory commission. "Advisory commission" means the advisory
8.25commission under section 116W.051.
Sec. 12. [116W.03] MINNESOTA SCIENCE AND TECHNOLOGY
8.28 Subdivision 1. Membership. The Minnesota Science and Technology Authority
8.29consists of the state chief information officer, the commissioner of employment and
8.30economic development, the commissioner of management and budget, the commissioner
8.31of revenue, the commissioner of commerce, and the commissioner of agriculture.
8.32 Subd. 2. Chair; other officers. The commissioner of employment and economic
8.33development shall serve as the chair and chief executive officer of the authority. The
9.1authority shall rotate the position of vice chair annually among its members. The
9.2commissioner of employment and economic development shall convene the first meeting
9.3of the authority no later than July 1, 2010. In the absence of the chair or vice chair at
9.4meetings of the authority members may elect a chair for the meeting, and may elect other
9.5officers as necessary from its members.
9.6 Subd. 3. Delegation. In addition to any powers to delegate that members of the
9.7authority have as commissioners, they may delegate to the chair, vice chair, or executive
9.8director their responsibilities as members of the authority for reviewing and approving
9.9financing of eligible projects, projects that have been authorized by law, or programs
9.10specifically authorized by resolution of the authority.
9.11 Subd. 4. Actions. (a) A majority of the authority, excluding vacancies, constitutes a
9.12quorum to conduct its business, to exercise its powers, and for all other purposes.
9.13(b) The authority may conduct its business by any technological means available,
9.14including teleconference calls or interactive video, that allows for an interaction between
9.15members. If a meeting is conducted under this paragraph, a specific location must be
9.16available for the public to attend the meeting and at least one member must be present at
9.18 Subd. 5. Executive director; staffing. The authority shall employ an executive
9.19director in the unclassified service. The initial executive director must be the individual in
9.20the position of director of the Office of Science and Technology as of January 1, 2010,
9.21under section 116J.657. The executive director is responsible for hiring staff necessary to
9.22assist the executive director to carry out the duties and responsibilities of the authority.
9.23The executive director shall perform duties that the authority may require in carrying out
9.24its responsibilities to manage and implement the funds and programs in this chapter, and
9.25comply with all state and federal program requirements, and state and federal securities
9.26and tax laws and regulations. The executive director shall assist the advisory board in
9.27fulfilling its duties under this chapter.
9.28 Subd. 6. Administrative services. The authority shall enter into agreements for
9.29administrative and professional services and technical support.
9.30 Subd. 7. Expiration. The authority is permanent and the provisions of section
9.3115.059, subdivision 5, do not apply.
Sec. 13. [116W.04] POWERS AND DUTIES.
9.33 Subdivision 1. Duties. The Science and Technology Authority shall:
10.1 (1) coordinate public and private efforts to procure federal funding for collaborative
10.2research and development projects of primary benefit to small-sized and medium-sized
10.4 (2) promote contractual relationships between Minnesota businesses that are
10.5recipients of federal grants and prime contractors, and Minnesota-based subcontractors;
10.6 (3) work with Minnesota nonprofit institutions including the University of
10.7Minnesota, Minnesota State Colleges and Universities, and the Mayo Clinic in promoting
10.8collaborative efforts to respond to federal funding opportunities;
10.9 (4) develop a framework for Minnesota companies to establish sole-source
10.10relationships with federal agencies;
10.11(5) provide grants or other forms of financial assistance to eligible recipients for
10.12purposes of this chapter;
10.13 (6) coordinate workshops, assistance with business proposals, licensing, intellectual
10.14property protection, commercialization, and government auditing with the University of
10.15Minnesota and Minnesota State Colleges and Universities; and
10.16(7) develop and implement a comprehensive science and technology economic
10.17development strategy for the state.
10.18 Subd. 2. Technology matchmaking. The authority must assist businesses in
10.19identifying qualified suppliers and vendors through a program to serve as a conduit for
10.20Minnesota-based companies to network with firms able to support their success. Firms
10.21outside Minnesota can participate in the technology matchmaking network if one of the
10.22participating companies is located in Minnesota.
10.23 Subd. 3. Commercialization assistance. The authority must provide
10.24commercialization assistance to Minnesota firms that have received a Phase I Small
10.25Business Innovation Research (SBIR) or a Phase I Small Business Technology Transfer
10.26(STTR) award and are submitting a Phase II proposal. Local service providers must assist
10.27the applicant with developing and reviewing the required commercialization plan prior to
10.28Phase II submission. The authority may provide SBIR Phase I proposal technical review.
10.29 Subd. 4. Power to sue; enter contracts. The authority may sue and be sued. The
10.30authority may make and enter into contracts, leases, and agreements necessary to perform
10.31its duties and exercise its powers.
10.32 Subd. 5. Gifts; grants. The authority may apply for, accept, and disburse gifts,
10.33grants, loans, or other property from the United States, the state, private sources, or
10.34any other source for any of its purposes. Money received by the authority under this
10.35subdivision must be deposited in the state treasury and is appropriated to the authority to
10.36carry out its duties.
11.1 Subd. 6. Contract for services. The authority may retain or contract for the
11.2services of accountants, financial advisors, and other consultants or agents needed to
11.3perform its duties and exercise its powers.
11.4 Subd. 7. Fees. The authority may set and collect fees for costs incurred by the
11.5authority, the Office of Enterprise Technology, the Department of Employment and
11.6Economic Development, the Department of Management and Budget, the Department of
11.7Revenue, the Department of Commerce, the Department of Labor and Industry, and the
11.8Department of Agriculture, including costs for personnel, professional, and administrative
11.10 Subd. 8. Reports. (a) The authority shall report by February 1 each year to the
11.11chairs and ranking minority members of the legislative committees and divisions with
11.12jurisdiction over finance and economic development on its progress to design, coordinate,
11.13and administer a strategic science and technology program for the state to promote the
11.14welfare of the people of the state, maximize the economic growth of the state, and create
11.15and retain jobs in the state's industrial base through enhancement of Minnesota's:
11.16(1) high-technology research and development capabilities;
11.17(2) product and process innovation and commercialization;
11.18(3) high-technology manufacturing capabilities;
11.19(4) science and technology business environment; and
11.20(5) science and technology workforce preparation.
11.21(b) The report must include a complete operating and financial statement covering
11.22the authority's operations during the year, including amounts of income from all sources.
11.23Books and records of the authority are subject to audit by the legislative auditor in the
11.24manner prescribed for state agencies.
11.25 Subd. 9. Consultative and technical services. The authority may provide general
11.26consultative and technical services to assist eligible projects and enter into agreements or
11.27other transactions concerning the receipt or provision of those services.
11.28 Subd. 10. Financial information. Financial information, including credit reports,
11.29financial statements, and net worth calculations, received or prepared by the authority
11.30regarding financial assistance, is private data with regard to data on individuals as defined
13.02, subdivision 12, and nonpublic data with regard to data not on individuals
11.32as defined in section
13.02, subdivision 9.
11.33 Subd. 11. General. The authority shall have all powers necessary and appropriate to
11.34fulfill its responsibilities under this chapter.
Sec. 14. [116W.05] PROJECT FINANCIAL ASSISTANCE.
12.1 Subdivision 1. Determination of financial assistance. The authority shall assist
12.2eligible recipients in identifying grants or other sources of financial assistance available to
12.3finance projects and may assist eligible recipients in applying for and obtaining grants and
12.4other forms of assistance.
12.5 Subd. 2. Financial feasibility review. (a) The authority shall review the proposed
12.6financing for each project submitted to the authority to determine whether: (1) the
12.7proposed project and financing plan is an eligible use of the money; and (2) the proposal is
12.8in compliance with applicable state and federal tax and securities laws and regulations.
12.9Grants in excess of $50,000 must be approved by the authority. Grants of $50,000 or less
12.10may be authorized by the executive director. All grant approvals or disapprovals must
12.11be completed within 30 days of submission to the authority. Grants approved by the
12.12executive director must be reviewed by the authority each month.
12.13(b) Unless a project is specifically authorized by law, the authority may reject the
12.14proposed financing for a project meeting the requirements in paragraph (a) if there are not
12.15sufficient funds available or if a majority of members believe the financing of the project
12.16would not be in the best interests of the state or would be detrimental to the authority's
12.17funds or programs. A determination to reject a proposed project must not be made in
12.18an arbitrary and capricious manner and must be supported by substantive evidence and
12.19documented by a resolution of the authority stating its findings.
Sec. 15. [116W.051] ADVISORY COMMISSION.
12.21 Subdivision 1. Advisory commission membership. A Science and Technology
12.22Initiative Advisory Commission of 17 members is established and is comprised of:
12.23(1) two representatives of the University of Minnesota, selected by the president of
12.24the university, including a faculty member actively involved in science and technology
12.26(2) a representative of Minnesota State Colleges and Universities, selected by the
12.28(3) the chief executive officer of the Mayo Clinic or a designee;
12.29(4) six chief executive officers or designees from science-oriented or
12.31(5) four representatives from science-oriented and technology-oriented
12.33(6) one representative of organized labor;
12.34(7) a venture capital representative; and
12.35(8) a representative of angel investors.
13.1A member must have experience in science or technology in order to serve on
13.3Members of the commission listed in clauses (4) to (8) shall be appointed by the
13.5 Subd. 2. Advisory commission duties. The advisory commission must assist the
13.6authority in developing a comprehensive science and technology economic development
13.7plan to be presented to the chairs and ranking minority members of the legislative
13.8committees and divisions with jurisdiction over economic development by January
13.915, 2011. The plan must include recommendations in strategic areas for science and
13.10technology investments, recommendations on additional programs to support science and
13.11technology focused economic development activities in the state, selection of specific
13.12programs and grantees for support from program funds authorized by the advisory
13.13commission and ongoing assessment of the effectiveness of programmatic elements
13.14according to metrics to be developed by the authority in consultation with the advisory
13.15commission. The advisory commission may also advise and assist the authority in
13.16fulfilling its duties under section 116W.04.
13.17 Subd. 3. Membership terms; vacancies; compensation. The membership terms,
13.18removal of members, and filling of vacancies are as provided under section 15.059. The
13.19executive director may provide compensation to members if funds are available.
13.20 Subd. 4. Expiration. The advisory commission expires June 30, 2013.
13.21 Subd. 5. Convening of meetings; staffing. The executive director of the authority
13.22must convene the first meeting of the commission by August 1, 2010. The executive
13.23director must provide administrative support and staff to the commission.
Sec. 16. [116W.20] MONEY OF THE AUTHORITY.
13.25 Subdivision 1. Functions of commissioner of management and budget. Except
13.26as otherwise provided in this section, money of the authority must be paid to the
13.27commissioner of management and budget as agent of the authority and the commissioner
13.28shall not commingle the money with other money. The money in the accounts of the
13.29authority must be paid out only on warrants drawn by the commissioner of management
13.30and budget on requisition of the executive director of the authority or of another officer or
13.31employee as the authority authorizes. Deposits of the authority's money must, if required
13.32by the commissioner or the authority, be secured by obligations of the United States or of
13.33the state of a market value equal at all times to the amount of the deposit and all banks and
13.34trust companies are authorized to give security for the deposits. All money paid to the
13.35commissioner as agent of the authority is appropriated to the authority. The commissioner
14.1must annually report to the committees of the legislature with responsibility for economic
14.2development and management and budget on the use of appropriations under this section.
14.3 Subd. 2. System of accounts. The commissioner of management and budget shall
14.4prescribe a system of accounts.
Sec. 17. [116W.21] NONLIABILITY.
14.6 Subdivision 1. Nonliability of individuals. No member of the authority, staff of
14.7the authority, or other person executing other agreements or contracts of the authority is
14.8liable personally or is subject to any personal liability or accountability by reason of their
14.9issuance, execution, delivery, or performance.
14.10 Subd. 2. Nonliability of state. The state is not liable on loans or other agreements
14.11or contracts of the authority issued or entered into under this chapter and the loans or
14.12other agreements or contracts of the authority are not a debt of the state. The loans or
14.13other agreements or contracts of the authority must contain on their face a statement
14.14to that effect.
Sec. 18. [116W.23] STATE PLEDGE AGAINST IMPAIRMENT OF
14.17The state pledges and agrees with parties to any loans or other agreements or
14.18contracts of the authority that the state will not: (1) limit or alter the rights vested in the
14.19authority to fulfill the terms of any agreements made with the parties to any loans or other
14.20agreements or contracts of the authority; or (2) in any way impair the rights and remedies
14.21of the parties to any loans or other agreements or contracts of the authority. The authority
14.22may include this pledge and agreement of the state in any agreement with the parties in
14.23any loans or other agreements or contracts of the authority.
Sec. 19. [116W.24] RESERVES; FUNDS; ACCOUNTS.
14.25The authority may establish reserves, funds, or accounts necessary to carry out the
14.26purposes of the authority or to comply with any agreement made by or any resolution
14.27passed by the authority.
Sec. 20. Minnesota Statutes 2008, section 136F.06, is amended by adding a subdivision
14.30 Subd. 4. Workforce focus. The board must identify colleges offering flexible
14.31academic programs that accommodate the needs of laid-off workers and assist its other
15.1institutions in determining whether to offer similar programs. Colleges must increase the
15.2number of certificate programs available to meet the needs of unemployed Minnesotans.
15.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
15.6 Subd. 21b. Staffing service. A "staffing service" is an employer whose business
15.7involves employing individuals directly for the purpose of furnishing temporary
15.8assignment workers to clients of the staffing service.
Sec. 22. Minnesota Statutes 2009 Supplement, section 268.035, subdivision 23a,
is amended to read:
Subd. 23a. Suitable employment.
(a) Suitable employment means employment in
the applicant's labor market area that is reasonably related to the applicant's qualifications.
In determining whether any employment is suitable for an applicant, the degree of risk
involved to the health and safety, physical fitness, prior training, experience, length
of unemployment, prospects for securing employment in the applicant's customary
occupation, and the distance of the employment from the applicant's residence is
(b) In determining what is suitable employment, primary consideration is given to the
temporary or permanent nature of the applicant's separation from employment and whether
the applicant has favorable prospects of finding employment in the applicant's usual or
customary occupation at the applicant's past wage level within a reasonable period of time.
If prospects are unfavorable, employment at lower skill or wage levels is suitable
if the applicant is reasonably suited for the employment considering the applicant's
education, training, work experience, and current physical and mental ability.
The total compensation must be considered, including the wage rate, hours of
employment, method of payment, overtime practices, bonuses, incentive payments, and
(c) When potential employment is at a rate of pay lower than the applicant's former
rate, consideration must be given to the length of the applicant's unemployment and the
proportion of difference in the rates. Employment that may not be suitable because of
lower wages during the early weeks of the applicant's unemployment may become suitable
as the duration of unemployment lengthens.
(d) For an applicant seasonally unemployed, suitable employment includes
temporary work in a lower skilled occupation that pays average gross weekly wages equal
to or more than 150 percent of the applicant's weekly unemployment benefit amount.
(e) If a majority of the applicant's weeks of employment in the base period includes
part-time employment, part-time employment in a position with comparable skills and
comparable hours that pays comparable wages is considered suitable employment.
Full-time employment is not considered suitable employment for an applicant if a
majority of the applicant's weeks of employment in the base period includes part-time
(f) To determine suitability of employment in terms of shifts, the arrangement of
hours in addition to the total number of hours is to be considered. Employment on a
second, third, rotating, or split shift is suitable employment if it is customary in the
occupation in the labor market area.
(g) Employment is not considered suitable if:
(1) the position offered is vacant because of a labor dispute;
(2) the wages, hours, or other conditions of employment are substantially less
favorable than those prevailing for similar employment in the labor market area;
(3) as a condition of becoming employed, the applicant would be required to join a
company union or to resign from or refrain from joining any bona fide labor organization;
16.21(4) the employment is with a staffing service and less than 75 percent of the
16.22applicant's wage credits are from a job assignment with the client of a staffing service
16.23(h) A job assignment with a staffing service is considered suitable only if 75
16.24percent or more of the applicant's wage credits are from job assignments with clients of
16.25a staffing service and the job assignment meets the definition of suitable employment
16.26under paragraph (a).
Sec. 23. Minnesota Statutes 2008, section 268.085, subdivision 16, is amended to read:
Subd. 16. Actively seeking suitable employment defined.
(a) "Actively seeking
suitable employment" means those reasonable, diligent efforts an individual in similar
circumstances would make if genuinely interested in obtaining suitable employment under
the existing conditions in the labor market area. Limiting the search to positions that are
not available or are above the applicant's training, experience, and qualifications is not
"actively seeking suitable employment."
(b) To be considered "actively seeking suitable employment" an applicant must,
when reasonable, contact those employers from whom the applicant was laid off because
of lack of work and request suitable employment.
(c) If reasonable prospects of suitable employment in the applicant's usual or
customary occupation do not exist, the applicant must actively seek other suitable
employment to be considered "actively seeking suitable employment." This applies to an
applicant who is seasonally unemployed.
(d) Actively seeking a suitable job assignment or other employment with a staffing
17.9service is considered actively seeking suitable employment.
An applicant who is seeking employment only through a union is considered
actively seeking suitable employment if the applicant is in an occupation where hiring
in that locality is done through the union. If the applicant is a union member who is
restricted to obtaining employment among signatory contractors in the construction
industry, seeking employment only with those signatory contractors is considered actively
seeking employment. The applicant must be a union member in good standing, registered
with the union for employment, and in compliance with other union rules to be considered
"actively seeking suitable employment."
Sec. 24. Minnesota Statutes 2009 Supplement, section 268.095, subdivision 2, is
amended to read:
Subd. 2. Quit defined.
(a) A quit from employment occurs when the decision to end
the employment was, at the time the employment ended, the employee's.
(b) An employee who has been notified that the employee will be discharged in the
future, who chooses to end the employment while employment in any capacity is still
available, is considered to have quit the employment.
(c) An employee who seeks to withdraw a previously submitted notice of quitting is
considered to have quit the employment if the employer does not agree that the notice
may be withdrawn.
(d) An applicant who, within five calendar days after completion of a suitable
job assignment from a staffing service
, (1) fails without good cause to
affirmatively request an additional suitable
job assignment, (2) refuses without good cause
an additional suitable job assignment offered, or (3) accepts employment with the client
of the staffing service, is considered to have quit employment with the staffing service.
Accepting employment with the client of the staffing service meets the requirements of the
exception to ineligibility under subdivision 1, clause (2).
This paragraph applies only if, at the time of beginning of employment with the
, the applicant signed and was provided a copy of a separate
document written in clear and concise language that informed the applicant of this
paragraph and that unemployment benefits may be affected.
For purposes of this paragraph, "good cause" is a reason that is significant and
would compel an average, reasonable worker, who would otherwise want an additional
job assignment with the staffing service
, (1) to fail to contact
the staffing service
, or (2) to refuse an offered assignment.
For purposes of this paragraph, a "staffing service employer" is an employer whose
18.10 business involves employing individuals directly for the purpose of furnishing temporary
18.11 job assignment workers to clients of the staffing service.
Sec. 25. Minnesota Statutes 2008, section 268.095, subdivision 5, is amended to read:
Subd. 5. Discharge defined.
(a) A discharge from employment occurs when any
words or actions by an employer would lead a reasonable employee to believe that the
employer will no longer allow the employee to work for the employer in any capacity. A
layoff because of lack of work is considered a discharge. A suspension from employment
without pay of more than 30 calendar days is considered a discharge.
(b) An employee who gives notice of intention to quit the employment and is not
allowed by the employer to work the entire notice period is considered discharged from
the employment as of the date the employer will no longer allow the employee to work. If
the discharge occurs within 30 calendar days before the intended date of quitting, then,
as of the intended date of quitting, the separation from employment is considered a quit
from employment subject to subdivision 1.
18.24(c) The end of a job assignment with the client of a staffing service is considered a
18.25discharge from employment with the staffing service unless section 268.095, subdivision
18.262, paragraph (d), applies.
Sec. 26. Minnesota Statutes 2009 Supplement, section 268.095, subdivision 6, is
amended to read:
Subd. 6. Employment misconduct defined.
(a) Employment misconduct means
intentional, negligent, or indifferent
on the job or off the job that
18.32 (1) a serious is an egregious
violation of the standards of behavior the employer has
the right to reasonably expect of the employee
; or and displays clearly
a substantial lack of concern for the employment. The term "egregious," as
19.2used in this subdivision, sets a high threshold, and application of the term must take into
19.3consideration section 268.031, subdivision 2.
(b) Regardless of paragraph (a), the following is not employment misconduct:
(1) conduct that was a consequence of the applicant's mental illness or impairment;
(2) conduct that was a consequence of the applicant's
inefficiency or inadvertence;
(3) simple unsatisfactory conduct;
(4) conduct an average reasonable employee would have engaged in under the
poor performance because of conduct that was a consequence of the applicant's
inability or incapacity;
(6) good faith errors in judgment if judgment was required;
(7) absence because of illness or injury of the applicant, with proper notice to the
(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;
(9) conduct that was a
direct result consequence
of the applicant's chemical
dependency, unless the applicant was previously diagnosed chemically dependent or had
treatment for chemical dependency, and since that diagnosis or treatment has failed to
make consistent efforts to control the chemical dependency; or
(10) conduct that was a
of the applicant, or an immediate family
member of the applicant, being a victim of domestic abuse as defined under section
. Domestic abuse must be shown as provided for in
, clause (9).
(c) Regardless of paragraph (b), clause (9), conduct in violation of sections
that interferes with or adversely affects the employment
is employment misconduct.
(d) If the conduct for which the applicant was discharged involved only a single
incident, that is an important fact that must be considered in deciding whether the conduct
rises to the level of employment misconduct under paragraph (a).
(e) The definition of employment misconduct provided by this subdivision is
exclusive and no other definition applies.
19.32EFFECTIVE DATE.This section is effective for determinations under section
19.33268.101, subdivision 2, and appeal decisions under section 268.105, subdivision 1, issued
19.34on and after the Sunday following final enactment.
Sec. 27. Minnesota Statutes 2008, section 268.101, is amended by adding a subdivision
20.3 Subd. 2a. Telephone number. Every determination issued under subdivision 2
20.4must include a prominently displayed telephone number that an applicant or involved
20.5employer can call to speak with an unemployment insurance specialist and obtain further
20.6explanation about the determination and have any questions answered. The specialist
20.7must, when appropriate, issue an amended determination as provided for in subdivision 4.
20.8The listed telephone number must be unique to a specialized call group trained to handle
20.9calls involving determinations.
20.10EFFECTIVE DATE.This section is effective October 3, 2010, and expires
20.11September 30, 2012.
Sec. 28. Minnesota Statutes 2009 Supplement, section 268.105, subdivision 1, is
amended to read:
Subdivision 1. Evidentiary hearing by unemployment law judge.
a timely appeal having been filed, the department must send, by mail or electronic
transmission, a notice of appeal to all involved parties that an appeal has been filed, and
that a de novo due process evidentiary hearing will be scheduled. The notice must set out
the parties' rights and responsibilities regarding the hearing. The notice must explain that
the facts will be determined by the unemployment law judge based upon a preponderance
of the evidence. The notice must explain in clear and simple language the meaning of the
term "preponderance of the evidence." The department must set a time and place for a
de novo due process evidentiary hearing and send notice to any involved applicant and
any involved employer, by mail or electronic transmission, not less than ten calendar
days before the date of the hearing.
(b) The evidentiary hearing is conducted by an unemployment law judge as an
evidence gathering inquiry. At the beginning of the hearing the unemployment law judge
must fully explain how the hearing will be conducted, that the applicant has the right to
request that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
that the facts will be determined based on a preponderance of the evidence, and, in
clear and simple language, the meaning of the term "preponderance of the evidence."
The unemployment law judge must ensure that all relevant facts are clearly and fully
developed. The department may adopt rules on evidentiary hearings. The rules need
not conform to common law or statutory rules of evidence and other technical rules of
procedure. The department has discretion regarding the method by which the evidentiary
hearing is conducted. A report of any employee of the department, except a determination,
made in the regular course of the employee's duties, is competent evidence of the facts
contained in it. An affidavit or written statement based on personal knowledge and signed
under penalty of perjury is competent evidence of the facts contained in it; however, the
veracity of statements contained within the document or the credibility of the witness
making the statement may be disputed with other documents or testimony and production
of such documents or testimony may be compelled by subpoena.
(c) After the conclusion of the hearing, upon the evidence obtained, the
unemployment law judge must make findings of fact and decision and send those, by mail
or electronic transmission, to all involved parties. When the credibility of an involved
party or witness testifying in an evidentiary hearing has a significant effect on the outcome
of a decision, the unemployment law judge must set out the reason for crediting or
discrediting that testimony. The unemployment law judge's decision is final unless a
request for reconsideration is filed under subdivision 2.
(d) Regardless of paragraph (c), if the appealing party fails to participate in the
evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal
by summary order. By failing to participate, the appealing party is considered to have
failed to exhaust available administrative remedies unless the appealing party files a
request for reconsideration under subdivision 2 and establishes good cause for failing to
participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission
of a written statement does not constitute participation. The applicant must participate
personally and appearance solely by a representative does not constitute participation.
(e) Only employees of the department who are attorneys licensed to practice law
in Minnesota may serve as the chief unemployment law judge, senior unemployment
law judges who are supervisors, or unemployment law judges. The commissioner
must designate a chief unemployment law judge. The chief unemployment law judge
may transfer to another unemployment law judge any proceedings pending before an
unemployment law judge.
21.28(f) A full-time unemployment law judge must be paid a salary of a minimum of 55
21.29percent and a maximum of 75 percent of the salary set under section 15A.083, subdivision
21.307, for a workers' compensation judge. The salary paid within that range to any single
21.31unemployment law judge is based on experience and performance.
21.32EFFECTIVE DATE.This section is effective July 1, 2010, and applies to all new
21.33unemployment law judges hired on or after that date.
Sec. 29. Minnesota Statutes 2008, section 268.184, subdivision 1, is amended to read:
Subdivision 1. Administrative penalties.
(a) The commissioner shall penalize
an employer if that employer or any employee, officer, or agent of that employer, is
in collusion with any applicant for the purpose of assisting the applicant to receive
unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment
benefits determined to be overpaid, whichever is greater.
(b) The commissioner shall penalize an employer if that employer or any employee,
officer, or agent of that employer (1) made a false statement or representation knowing
it to be false, (2) made a false statement or representation without a good faith belief as
to correctness of the statement or representation,
(3) knowingly failed to disclose a
;, or (4) made an offer of employment to an applicant when, in fact, the
22.11employer had no employment available,
but only if the employer's action:
(i) was taken to prevent or reduce the payment of unemployment benefits to any
(ii) was taken to reduce or avoid any payment required from an employer under
this chapter or section
(iii) caused an overpayment of unemployment benefits to an applicant.
The penalty is $500, or 50 percent of the overpaid or reduced unemployment benefits
or payment required, whichever is greater.
(c) The commissioner shall penalize an employer if that employer failed or refused
to honor a subpoena issued under section
268.105, subdivision 4
, or section
penalty is $500 and any costs of enforcing the subpoena, including attorney fees.
(d) Penalties under this subdivision are in addition to any other penalties and subject
to the same collection procedures that apply to past due taxes. Penalties must be paid
within 30 calendar days of assessment and credited to the contingent account.
(e) The assessment of the penalty is final unless the employer files an appeal within
20 calendar days after the sending of notice of the penalty to the employer by mail or
electronic transmission. Proceedings on the appeal are conducted in accordance with
Sec. 30. [326B.091] DEFINITIONS.
22.30 Subdivision 1. Applicability. For purposes of sections 326B.091 to 326B.098, the
22.31terms defined in this section have the meanings given them.
22.32 Subd. 2. Applicant. "Applicant" means a person who has submitted to the
22.33department an application for a license.
22.34 Subd. 3. License. "License" means any registration, certification, or other form
22.35of approval authorized by chapters 326B and 327B to be issued by the commissioner
23.1or department as a condition of doing business or conducting a trade, profession,
23.2or occupation in Minnesota. License includes specifically but not exclusively an
23.3authorization issued by the commissioner or department: to perform electrical work,
23.4plumbing or water conditioning work, high pressure piping work, or residential building
23.5work of a residential contractor, residential remodeler, or residential roofer; to install
23.6manufactured housing; to serve as a building official; or to operate a boiler or boat.
23.7 Subd. 4. Licensee. "Licensee" means the person named on the license as the person
23.8authorized to do business or conduct the trade, profession, or occupation in Minnesota.
23.9 Subd. 5. Notification date. "Notification date" means the date of the written
23.10notification from the department to an applicant that the applicant is qualified to take the
23.11examination required for licensure.
23.12 Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
23.13license, means 30 days before the date that the license expires.
Sec. 31. [326B.092] FEES.
23.15 Subdivision 1. Licenses requiring examination administered by commissioner.
23.16(a) If the applicant for a license must pass an examination administered by the
23.17commissioner in order to obtain the license, then the application for the initial license
23.18must be accompanied by an application and examination fee of $50, which is separate
23.19from the license fee. The license fee is due after the applicant passes the examination
23.20and before the license is issued.
23.21(b) If the applicant for a Minnesota license holds a license in another state and
23.22is seeking Minnesota licensure without examination based on reciprocity, then the
23.23application for the Minnesota license must be accompanied by the application and
23.24examination fee of $50, which is separate from the license fee. If the commissioner
23.25approves the application, then the license fee is due before the license is issued.
23.26 Subd. 2. Licenses not requiring examination administered by commissioner.
23.27If the applicant for a license is not required to pass an examination in order to obtain the
23.28license, or is required to pass an examination that is not administered by the commissioner,
23.29then the license fee must accompany the application for the license. If the application is
23.30for a license issued under sections 326B.802 to 326B.885 and is not an application for
23.31license renewal, then the contractor recovery fund fee required under section 326B.89,
23.32subdivision 3, is due after the department has determined that the applicant meets the
23.33qualifications for licensing and before the license is issued.
23.34 Subd. 3. Late fee. The department must receive a complete application for license
23.35renewal by the renewal deadline but not more than 90 days before the renewal deadline. If
24.1the department receives a renewal application after the expiration of the license, then the
24.2renewal application must be accompanied by a late fee equal to one-half of the license
24.3renewal fee; except that, for the purpose of calculating the late fee only, the license
24.4renewal fee shall not include any contractor recovery fund fee required by section
24.5326B.89, subdivision 3.
24.6 Subd. 4. Lapsed licensed fee. If the department receives a renewal application
24.7within two years after expiration of the license, the renewal application must be
24.8accompanied by all license renewal fees to cover the period that the license was expired,
24.9plus the late fee described in subdivision 3 and the license renewal fee for the current
24.11 Subd. 5. Insufficient fees. If the applicant does not include all required fees with
24.12the application, then the application will be incomplete and the department will notify the
24.13applicant of the amount of the deficiency.
24.14 Subd. 6. Fees nonrefundable. Application and examination fees, license fees,
24.15license renewal fees, and late fees are nonrefundable except for:
24.16(1) license renewal fees received more than two years after expiration of the license,
24.17as described in section 326B.094, subdivision 2;
24.18(2) any overpayment of fees; and
24.19(3) if the license is not renewed, the contractor recovery fund fee and any additional
24.20assessment paid under subdivision 7, paragraph (e).
24.21 Subd. 7. License fees and license renewal fees. (a) The license fee for each license
24.22except a renewed license shall be the base license fee plus any applicable board fee, as
24.23set forth in this subdivision. The license renewal fee for each renewed license is the
24.24base license fee plus any applicable board fee, continuing education fee, and contractor
24.25recovery fund fee and additional assessment, as set forth in this subdivision.
24.26(b) For purposes of this section, "license duration" means the number of years for
24.27which the license is issued except that:
24.28(1) if the initial license is not issued for a whole number of years, the license duration
24.29shall be rounded up to the next whole number; and
24.30(2) if the department receives an application for license renewal after the renewal
24.31deadline, license duration means the number of years for which the renewed license would
24.32have been issued if the renewal application had been submitted on time and all other
24.33requirements for renewal had been met.
24.34(c) The base license fee shall depend on whether the license is classified as an entry
24.35level, master, journeyman, or business license, and on the license duration. The base
24.36license fee shall be:
25.7(d) If there is a continuing education requirement for renewal of the license, then
25.8a continuing education fee must be included in the renewal license fee. The continuing
25.9education fee for all license classifications shall be: $10 if the renewal license duration is
25.10one year; $20 if the renewal license duration is two years; and $30 if the renewal license
25.11duration is three years.
25.12(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to
25.13326B.93, then a board fee must be included in the license fee and the renewal license fee.
25.14The board fee for all license classifications shall be: $4 if the license duration is one year;
25.15$8 if the license duration is two years; and $12 if the license duration is three years.
25.16(f) If the application is for the renewal of a license issued under sections 326B.802
25.17to 326B.885, then the contractor recovery fund fee required under section 326B.89,
25.18subdivision 3, and any additional assessment required under section 326B.89, subdivision
25.1916, must be included in the license renewal fee.
Sec. 32. [326B.093] LICENSES REQUIRING EXAMINATION
25.21ADMINISTERED BY COMMISSIONER.
25.22 Subdivision 1. Qualifications for examination. If the applicant for a license must
25.23pass an examination administered by the commissioner in order to obtain the license, then
25.24the applicant's complete application must demonstrate that the applicant is qualified to
25.25take the examination. The applicant is qualified to take the examination if the applicant
25.26meets all requirements for the license except for passing the examination.
25.27 Subd. 2. Not qualified for examination. If the applicant is not qualified to take
25.28the examination, then the commissioner must deny the application. The applicant may
25.29subsequently submit another application, accompanied by the required fee.
25.30 Subd. 3. Taking the examination. If the applicant is qualified to take the
25.31examination, then the department must notify the applicant, and the applicant may
25.32schedule a time to take the examination within one year after the notification date. If the
25.33applicant does not take the examination at the scheduled time, the applicant may, one
25.34time only, reschedule a time to take the examination on a date within one year after the
25.35notification date. If the applicant fails to take the examination within one year after the
25.36notification date, the commissioner must deny the application and the applicant forfeits the
26.1application/examination fee. The applicant may subsequently submit another application,
26.2accompanied by the required application/examination fee.
26.3 Subd. 4. Examination results. If the applicant receives a passing score on the
26.4examination and meets all other requirements for licensure, the commissioner must
26.5approve the application and notify the applicant of the approval within 60 days of the date
26.6of the passing score. The applicant must, within 90 days after the notification of approval,
26.7pay the license fee. Upon receipt of the license fee, the commissioner must issue the
26.8license. If the applicant does not pay the license fee within 90 days after the notification
26.9of approval, the commissioner will rescind the approval and must deny the application.
26.10If the applicant does not receive a passing score on the examination, the commissioner
26.11must deny the application. If the application is denied because of the applicant's failure
26.12to receive a passing score on the examination, then the applicant cannot submit a new
26.13application for the license until at least 30 days after the notification of denial.
Sec. 33. [326B.094] RENEWAL OF LICENSES.
26.15 Subdivision 1. Expiration of licenses. Unless and until the department or
26.16commissioner issues a renewal of a license, the license expires on the expiration date
26.17printed on the license. While the license is expired, the licensee cannot perform the
26.18activities authorized by the license.
26.19 Subd. 2. Availability of renewal. A licensee may apply to renew a license no later
26.20than two years after the expiration of the license. If the department receives a complete
26.21renewal application no later than two years after the expiration of the license, then the
26.22department must approve or deny the renewal application within 60 days of receiving the
26.23complete renewal application. If the department receives a renewal application more than
26.24two years after the expiration of the license, the department must return the renewal
26.25license fee to the applicant without approving or denying the application. If the licensee
26.26wishes to obtain a valid license more than two years after expiration of the license, the
26.27licensee must apply for a new license.
26.28 Subd. 3. Deadline for avoiding license expiration. The department must receive
26.29a complete application to renew a license no later than the renewal deadline. If the
26.30department does not receive a complete application by the renewal deadline, the license
26.31may expire before the department has either approved or denied the renewal application.
Sec. 34. [326B.095] INCOMPLETE LICENSE APPLICATIONS.
26.33This section applies to both applications for initial licenses and license renewal
26.34applications. If the department determines that an application is incomplete, the
27.1department must notify the applicant of the deficiencies that must be corrected in
27.2order to complete the application. If the applicant wishes to complete the application,
27.3the department must receive the completed application within 90 days after the date
27.4the department mailed or delivered the incomplete application to the applicant. If the
27.5department does not receive the completed application by this deadline, the commissioner
27.6must deny the application and the applicant will forfeit all fees except as provided
27.7in section 326B.092, subdivision 6. If the application is for license renewal and the
27.8department receives the corrected application after the license has expired, then the
27.9corrected application must be accompanied by the late fee.
Sec. 35. [326B.096] REINSTATEMENT OF LICENSES.
27.11 Subdivision 1. Reinstatement after revocation. (a) If a license is revoked under
27.12this chapter and if an applicant for a license needs to pass an examination administered by
27.13the commissioner before becoming licensed, then, in order to have the license reinstated,
27.14the person who holds the revoked license must:
27.15(1) retake the examination and achieve a passing score; and
27.16(2) meet all other requirements for an initial license, including payment of the
27.17application and examination fee and the license fee. The person holding the revoked
27.18license is not eligible for Minnesota licensure without examination based on reciprocity.
27.19(b) If a license is revoked under a chapter other than this chapter, then, in order to
27.20have the license reinstated, the person who holds the revoked license must:
27.21(1) apply for reinstatement to the commissioner no later than two years after the
27.22effective date of the revocation;
27.23(2) pay a $100 reinstatement application fee and any applicable renewal license
27.25(3) meet all applicable requirements for licensure, except that, unless required by the
27.26order revoking the license, the applicant does not need to retake any examination and does
27.27not need to repay a license fee that was paid before the revocation.
27.28 Subd. 2. Reinstatement after suspension. If a license is suspended, then, in order
27.29to have the license reinstated, the person who holds the suspended license must:
27.30(1) apply for reinstatement to the commissioner no later than two years after the
27.31completion of the suspension period;
27.32(2) pay a $100 reinstatement application fee and any applicable renewal license
28.1(3) meet all applicable requirements for licensure, except that, unless required by the
28.2order suspending the license, the applicant does not need to retake any examination and
28.3does not need to repay a license fee that was paid before the suspension.
28.4 Subd. 3. Reinstatement after voluntary termination. A licensee who is not an
28.5individual may voluntarily terminate a license issued to the person under this chapter. If a
28.6licensee has voluntarily terminated a license under this subdivision, then, in order to have
28.7the license reinstated, the person who holds the terminated license must:
28.8(1) apply for reinstatement to the commissioner no later than the date that the license
28.9would have expired if it had not been terminated;
28.10(2) pay a $100 reinstatement application fee and any applicable renewal license
28.12(3) meet all applicable requirements for licensure, except that the applicant does not
28.13need to repay a license fee that was paid before the termination.
Sec. 36. [326B.097] PROHIBITION OF TRANSFER.
28.15A licensee shall not transfer or sell any license.
Sec. 37. [326B.098] CONTINUING EDUCATION.
28.17 Subdivision 1. Applicability. This section applies to seminars offered by
28.18the department for the purpose of allowing licensees to meet continuing education
28.19requirements for license renewal.
28.20 Subd. 2. Rescheduling. An individual who is registered with the department to
28.21attend a seminar may reschedule one time only, to attend the same seminar on a date
28.22within one year after the date of the seminar the individual was registered to attend.
28.23 Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
28.24nonrefundable except for any overpayment of fees.
Sec. 38. 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
28.29 rule created by statute or rule
. Two or more municipalities may combine in the designation
of a building official for the purpose of administering the provisions of the code within
their communities. In those municipalities for which no building officials have been
designated, the state building official may use whichever state employees are necessary to
perform the duties of the building official until the municipality makes a temporary or
permanent designation. All costs incurred by virtue of these services rendered by state
employees must be borne by the involved municipality and receipts arising from these
services must be paid to the commissioner.
Sec. 39. Minnesota Statutes 2008, section 326B.133, is amended by adding a
subdivision to read:
29.6 Subd. 2a. Application; renewal; fees; expiration. (a) An applicant for certification
29.7shall submit a completed application on a form approved by the commissioner to the
29.8department. The commissioner shall review applications for compliance with the
29.9requirements established by rule.
29.10(b) Application for initial certification or renewal certification as a building official,
29.11building official-limited, or accessibility specialist shall be according to this section and
29.12sections 326B.092 to 326B.095.
29.13(c) Fees shall be paid to the department according to section 326B.092.
29.14(d) Unless revoked or suspended under this chapter, all certifications issued or
29.15renewed under this section expire two years from the date of original issuance and every
29.16two years thereafter.
Sec. 40. Minnesota Statutes 2008, section 326B.133, subdivision 3, is amended to read:
Subd. 3. Certification criteria.
The commissioner shall by rule establish
certification criteria as proof of qualification pursuant to subdivision 2. The commissioner
(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.
29.30 person applying for examination and certification pursuant to this section shall pay a
29.31 nonrefundable fee of $70.
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. 41. Minnesota Statutes 2008, section 326B.133, is amended by adding a
subdivision to read:
30.3 Subd. 3a. Certification categories. (a) If a municipality has adopted or adopts
30.4the State Building Code, the responsibilities for code administration and enforcement
30.5are under the authority of its designated building official or the certified building
30.7(b) Certified building official. This certification is identified as "certified building
30.8official" on the certificate card. This certification is granted to an individual who has met
30.9the certified building official requirements established by rule and passed the written
30.10examination prepared by the state. A person with this certification may serve as the
30.11designated building official for any municipality. For the purposes of calculating fees
30.12under section 326B.092, certification as a building official is a master license.
30.13(c) Certified building official-limited. This certification is identified as "certified
30.14building official-limited" on the certification card. This certification is granted to an
30.15individual who has met the certified building official-limited requirements established by
30.16rule and passed the written examination prepared by the state. An individual with this
30.17certification may perform code administration for one- and two-family dwellings, their
30.18accessory structures, and "exempt classes of buildings" as provided in Minnesota Rules,
30.19part 1800.5000, of the Board of Architecture, Engineering, Land Surveying, Landscape
30.20Architecture, Geoscience, and Interior Design, and "facilities for persons with physical
30.21disabilities" that are governed by the State Building Code. Subject to the limitations of the
30.22building official-limited certification, an individual with this certification may serve as
30.23the designated building official for any municipality. Code administration for all other
30.24buildings must be performed by a certified building official as defined in paragraph (a). A
30.25certified building official-limited may conduct inspections for other structures regulated
30.26by the State Building Code under the direction of a designated certified building official or
30.27the state building official.
30.28Subject to all other certification requirements, as of January 1, 2012, valid Class I
30.29certifications shall be included in the certified building official-limited category upon the
30.30next immediate renewal. For the purposes of calculating fees under section 326B.092,
30.31certification as a building official-limited is a journeyman license.
30.32(d) Accessibility specialist. This certification is identified as accessibility specialist
30.33on the certification card. This certification is granted to an individual who has met
30.34the "accessibility specialist" requirements established by rule and passed the written
30.35examination prepared by the state. An individual with this classification is limited to the
30.36administration of those provisions of the State Building Code that provide access for
31.1persons with disabilities. For the purposes of calculating fees under section 326B.092,
31.2certification as an accessibility specialist is a journeyman license.
Sec. 42. Minnesota Statutes 2008, section 326B.133, subdivision 8, is amended to read:
Subd. 8. Continuing education requirements; extension of time. (a) This
31.5subdivision establishes the number of continuing education units required within each
31.6two-year certification period.
31.7A certified building official shall accumulate 16 continuing education units in any
31.8education program that is approved under Minnesota Rules, part 1301.1000.
31.9A certified building official-limited shall, in each year of the initial two-year
31.10certification period, accumulate eight continuing education units in any education program
31.11that is approved under Minnesota Rules, part 1301.1000. Continuing education units
31.12shall be reported annually during the initial two-year certification period by the method
31.13established in rule. A certified building official-limited shall accumulate 16 continuing
31.14education units for each two-year certification period thereafter in any education program
31.15that is approved under Minnesota Rules, part 1301.1000.
31.16An accessibility specialist must accumulate four continuing education units in any
31.17of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four
31.18units must be for courses relating to building accessibility, plan review, field inspection,
31.19or building code administration.
31.20Continuing education programs may be approved as established in rule.
Subject to sections
, 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
31.27(c) The state building official may grant an extension of time to comply with
31.28continuing education requirements if the certificate holder requesting the extension of
31.29time shows cause for the extension. The request for the extension must be in writing. For
31.30purposes of this section, the certificate holder's current certification effective dates shall
31.31remain the same. The extension does not relieve the certificate holder from complying
31.32with the continuing education requirements for the next two-year period.
Sec. 43. Minnesota Statutes 2008, section 326B.133, subdivision 11, is amended to
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 municipality, or a certified building official, a certified building
32.4official-limited, or an accessibility specialist
until a renewed certificate has been issued by
Sec. 44. Minnesota Statutes 2008, section 326B.197, is amended to read:
32.7326B.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 and maintain
bond to the state in the amount
of $25,000 for all work entered into within the state. The bond must be for the benefit of
persons suffering financial loss by reason of the contractor's failure to comply with the
requirements of the State Mechanical Code. A bond given to the state must be filed with
the commissioner of 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
an annual a biennial
bond filing fee of
Sec. 45. 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 and sections 326B.091 to 326B.098,
and 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
No individual failing an examination may retake it for six months thereafter,
32.30 but within such six months the individual may take an examination for a lesser grade of
32.31 license. Any individual failing to renew a personal license for two years or more after its
32.32 expiration, and any licensee whose personal license is revoked under this chapter, shall
32.33 be required to retake the examination before being issued a new license. An individual
32.34 whose personal license is revoked under any other chapter is not required to retake the
33.1 examination before being issued a new license, unless the personal license was revoked
33.2 two years or more before the commissioner received the completed application for a new
33.3 license. A licensee whose personal license is suspended for any reason is not required to
33.4 retake the examination before the personal license is reinstated, unless the personal license
33.5 has not been reinstated within two years after the suspension began.
33.6 An applicant for a personal license shall submit to the commissioner an application
33.7 and examination fee at the time of application. Upon approval of the application, the
33.8 commissioner shall schedule the applicant for the next available examination, which shall
33.9 be held within 60 days. The applicant shall be allowed one opportunity to reschedule
33.10 an examination without being required to submit another application and examination
33.11 fee. Additionally, an applicant who fails an examination, or whose application was not
33.12 approved, shall submit another application and examination fee.
Sec. 46. Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19,
is amended to read:
Subd. 19. License, registration, and renewal fees; expiration.
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.
(b) Fees for application and examination, and for the original issuance and each
33.25 subsequent renewal, are:
33.26 (1) For each personal license application and examination: $35;
33.27 (2) For original issuance and each subsequent renewal of:
33.28 Class A Master or master special electrician, including master elevator constructor:
33.29 $40 per year;
33.30 Class B Master: $25 per year;
33.31 Power Limited Technician: $15 per year;
33.32 Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman,
33.33 or Maintenance Electrician other than master special electrician: $15 per year;
33.34 Contractor: $100 per year;
33.35 Unlicensed individual registration: $15 per year.
34.1 (c) If any new license is issued in accordance with this subdivision for less than two
34.2 years, the fee for the license shall be prorated on an annual basis.
34.3 (d) A license fee may not be refunded after a license is issued or renewed. However,
34.4 if the fee paid for a license was not prorated in accordance with this subdivision, the
34.5 amount of the overpayment shall be refunded.
34.6 (e) Any contractor who seeks reissuance of a license after it has been revoked or
34.7 suspended under this chapter shall submit a reissuance fee of $100 before the license is
34.9 (f) An individual or contractor who fails to renew a license before 30 days after the
34.10 expiration or registration of the license must submit a late fee equal to one year's license
34.11 fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not
34.12 prorated. An individual or contractor that fails to renew a license or registration by the
34.13 expiration date is unlicensed until the license or registration is renewed.
34.14(b) For purposes of calculating license fees and renewal license fees required under
34.16(1) the registration of an unlicensed individual under subdivision 12 shall be
34.17considered an entry level license;
34.18(2) the following licenses shall be considered journeyman licenses: Class A
34.19journeyman electrician, Class B journeyman electrician, Class A installer, Class B installer,
34.20elevator constructor, lineman, maintenance electrician, and power limited technician;
34.21(3) the following licenses shall be considered master licenses: Class A master
34.22electrician, Class B master electrician, and master elevator constructor; and
34.23(4) the following licenses shall be considered business licenses: Class A electrical
34.24contractor, Class B electrical contractor, elevator contractor, and technology systems
34.26(c) For each filing of a certificate of responsible person by an employer, the fee is
Sec. 47. 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 application and examination
fee and license fee
(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. 48. 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
(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
filed on file
with the commissioner a current
certificate 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. The employer must pay a filing fee to file a certificate of
36.8responsible person with the commissioner. The certificate shall expire two years from the
36.9date of filing. In order to maintain a current certificate of responsible person, the employer
36.10must resubmit a certificate of responsible person, with a filing fee, no later than two years
36.11from the date of the previous submittal.
(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
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
(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
(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections
when performing heating, ventilating, air conditioning, or refrigeration work as described
(e) Employees of any electrical, communications, or railway utility, cable
communications company as defined in section
, or a telephone company as defined
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
(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
(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
Sec. 49. Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
37.25 Subd. 1a. Contractor. "Contractor" means a person who performs or offers
37.26to perform any plumbing work, with or without compensation, who is licensed as a
37.27contractor by the commissioner. Contractor includes plumbing contractors and restricted
Sec. 50. Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
37.31 Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
37.32whose responsible licensed plumber is a licensed master plumber.
Sec. 51. Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
38.3 Subd. 9. Responsible licensed plumber. A contractor's "responsible licensed
38.4plumber" means the licensed master plumber or licensed restricted master plumber
38.5designated in writing by the contractor in the contractor's license application, or in another
38.6manner acceptable to the commissioner, as the individual responsible for the contractor's
38.7compliance with sections 326B.41 to 326B.49, all rules adopted under these sections and
38.8sections 326B.50 to 326B.59, and all orders issued under section 326B.082.
Sec. 52. Minnesota Statutes 2008, section 326B.42, is amended by adding a
subdivision to read:
38.11 Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
38.12means a licensed contractor whose responsible licensed plumber is a licensed restricted
Sec. 53. Minnesota Statutes 2008, section 326B.44, is amended to read:
38.15326B.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
plumbers plumbing contractors
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
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
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
master plumber or journeyman plumber contractor
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. 54. 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:
39.13326B.46 LICENSING, BOND AND INSURANCE.
Subdivision 1. License required.
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
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
of labor and industry
. 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 last
federal census, a
restricted master plumber, who shall be responsible for proper installation, is in charge
of the plumbing work of the person
, firm, or corporation
39.31(c) Except as provided in subdivision 2, no person shall perform or offer to perform
39.32plumbing work with or without compensation unless the person obtains a contractor's
39.33license. A contractor's license does not of itself qualify its holder to perform the plumbing
39.34work authorized by holding a master, journeyman, restricted master, or restricted
40.1 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
40.2license may do plumbing work on the individual's residence in accordance with
40.3subdivision 1, paragraph (a).
40.4(b) An individual who is an employee working on the maintenance and repair of
40.5plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
40.6and which is within the limits of property owned or leased, and operated or maintained by
40.7the individual's employer, shall not be required to maintain a contractor license as long
40.8as the employer has on file with the commissioner a current certificate of responsible
40.9person. The certificate must be signed by the responsible master plumber or, in an area of
40.10the state that is not a city or town with a population of more than 5,000 according to the
40.11last federal census, restricted master plumber, and must state that the person signing the
40.12certificate is responsible for ensuring that the maintenance and repair work performed by
40.13the employer's employees comply with sections 326B.41 to 326B.49, all rules adopted
40.14under those sections and sections 326B.50 to 326B.59, and all orders issued under section
40.15326B.082. The employer must pay a filing fee to file a certificate of responsible person
40.16with the commissioner. The certificate shall expire two years from the date of filing. In
40.17order to maintain a current certificate of responsible person, the employer must resubmit a
40.18certificate of responsible person, with a filing fee, no later than two years from the date of
40.19the previous submittal. The filing of the certificate of responsible person does not exempt
40.20any employee of the employer from the requirements of this chapter regarding individual
40.21licensing as a plumber or registration as a plumber's apprentice.
40.22(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
40.23separate contractor license to perform plumbing work on behalf of the employer within
40.24the scope of the licensed plumber's license.
40.25 Subd. 1b. Employment of master plumber or restricted master plumber. (a)
40.26Each contractor must designate a responsible licensed plumber, who shall be responsible
40.27for the performance of all plumbing work in accordance with sections 326B.41 to
40.28326B.49, all rules adopted under these sections and sections 326B.50 to 326B.59, and all
40.29orders issued under section 326B.082. A plumbing contractor's responsible licensed
40.30plumber must be a master plumber. A restricted plumbing contractor's responsible licensed
40.31plumber must be a master plumber or a restricted master plumber. A plumbing contractor
40.32license authorizes the contractor to offer to perform and, through licensed and registered
40.33individuals, to perform plumbing work in all areas of the state. A restricted plumbing
40.34contractor license authorizes the contractor to offer to perform and, through licensed and
40.35registered individuals, to perform plumbing work in all areas of the state except in cities
40.36and towns with a population of more than 5,000 according to the last federal census.
41.1(b) If the contractor is an individual or sole proprietorship, the responsible licensed
41.2plumber must be the individual, proprietor, or managing employee. If the contractor is
41.3a partnership, the responsible licensed plumber must be a general partner or managing
41.4employee. If the contractor is a limited liability company, the responsible licensed plumber
41.5must be a chief manager or managing employee. If the contractor is a corporation, the
41.6responsible licensed plumber must be an officer or managing employee. If the responsible
41.7licensed plumber is a managing employee, the responsible licensed plumber must be
41.8actively engaged in performing plumbing work on behalf of the contractor, and cannot be
41.9employed in any capacity as a plumber for any other contractor. An individual may be
41.10the responsible licensed plumber for only one contractor.
41.11(c) All applications and renewals for contractor licenses shall include a verified
41.12statement that the applicant or licensee has complied with this subdivision.
Subd. 2. Bond; insurance.
Any person contracting to do plumbing work must give
41.14As a condition of licensing, each contractor shall give and maintain
bond 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
The bond shall be filed with the commissioner and shall be written by a corporate surety
licensed to do business in the state.
each applicant for a master plumber license or restricted master plumber
41.26 license, or renewal thereof, shall provide evidence of as a condition of licensing, each
41.27contractor shall have and maintain in effect
public 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.
The term of the insurance shall be concurrent
41.34 with the term of the license.
41.35 Subd. 3. Bond and insurance exemption. If a master plumber or restricted master
41.36 plumber who is in compliance with the bond and insurance requirements of subdivision 2,
42.1 employs a licensed plumber, the employee plumber shall not be required to meet the bond
42.2 and insurance requirements of subdivision 2. An individual who is an employee working
42.3 on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
42.4 leased by the individual's employer and which is within the limits of property owned or
42.5 leased, and operated or maintained by the individual's employer, shall not be required to
42.6 meet the bond and insurance requirements of subdivision 2.
42.7 Subd. 4. Fee. (a) Each person giving bond to the state under subdivision 2 shall pay
42.8 the department a bond registration fee of $40 for one year or $80 for two years.
42.9 (b) The commissioner shall in a manner determined by the commissioner, without
42.10 the need for any rulemaking under chapter 14, phase in the bond registration from one year
42.11 to two years so that the expiration of bond registration corresponds with the expiration of
42.12 the license issued under section
326B.49, subdivision 1 .
Subd. 5. Exterior connections.
Persons licensed as manufactured home installers
under chapter 327B are not required to be licensed under sections
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.
42.22 Subd. 6. Well contractor exempt from licensing and bond; conditions. No
42.23license, registration, or bond under sections 326B.42 to 326B.49 is required of a well
42.24contractor or a limited well/boring contractor who is licensed and bonded under section
42.25103I.525 or 103I.531 and is engaged in the work or business of installing (1) water service
42.26pipe from a well to a pressure tank or a frost free water hydrant with an antisiphon device,
42.27or (2) a temporary shut-off valve on a well water service pipe.
Sec. 55. Minnesota Statutes 2008, section 326B.47, is amended to read:
42.29326B.47 PLUMBER'S APPRENTICES.
Subdivision 1. Registration; supervision; records. (a)
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
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. The supervising master, restricted
43.6master, journeyman, or restricted journeyman must be licensed and must be employed
43.7by the same employer as the plumber's apprentice. Licensed individuals shall not permit
43.8plumber's apprentices to perform plumbing work except under the direct supervision of
43.9an individual actually licensed to perform such work. Plumber's apprentices shall not
43.10supervise the performance of plumbing work or make assignments of plumbing work
43.11to unlicensed individuals.
43.12(c) Contractors employing plumber's apprentices to perform plumbing work shall
43.13maintain records establishing compliance with this subdivision that shall identify all
43.14plumber's apprentices performing plumbing work, and shall permit the department to
43.15examine and copy all such records.
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.
individual may register by completing and submitting to the commissioner
form provided by the commissioner, with all fees required by section
. A completed
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.
43.35 applicant for initial registration as a plumber's apprentice shall pay the department an
43.36 application fee of $25.
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.
Applications for renewal registration must be received
44.3 by the commissioner by June 30 of each registration period on forms provided by the
44.4 commissioner, and must be accompanied by a fee of $25. An application for renewal
44.5 registration received on or after July 1 in any year but no more than three months after
44.6 expiration of the previously issued registration must pay the past due renewal fee plus a
44.7 late fee of $25. No applications for renewal registration will be accepted more than three
44.8 months after expiration of the previously issued registration.
Sec. 56. 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 last
Sec. 57. 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. Notwithstanding section 326B.094,
failure to renew a
restricted master plumber and restricted journeyman plumber license within 12 months
after the expiration date will result in permanent forfeiture of the restricted master plumber
and restricted journeyman plumber license.
(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. 58. Minnesota Statutes 2009 Supplement, section 326B.49, subdivision 1, is
amended to read:
Subdivision 1. Application, examination, and license fees.
(a) Applications for
44.29master and journeyman
shall be made to the commissioner, with
fee all fees required by section 326B.092
. 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.
Examination fees for both journeyman and
45.1 master plumbers shall be $50 for each examination. Upon being notified of having
45.2 successfully passed the examination for original license the applicant shall submit an
45.3 application, with the license fee herein provided. The license fee for each initial master
45.4 plumber's license shall be $240. The license fee for each initial journeyman plumber's
45.5 license shall be $110.
(b) All initial
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.
The license fee for each renewal master plumber's license shall be
45.9 $120 for one year or $240 for two years. The license fee for each renewal journeyman
45.10 plumber's license shall be $55 for one year or $110 for two years. All master plumber's
45.11licenses shall expire on December 31 of each even-numbered year after issuance or
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 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.
Any licensee who does not renew a license within two years after the license
45.17 expires is no longer eligible for renewal. Such an individual must retake and pass the
45.18 examination before a new license will be issued. A journeyman or master plumber who
45.19 submits a license renewal application after the time specified in rule but within two
45.20 years after the license expired must pay all past due renewal fees plus a late fee of $25.
45.21Applications for contractor licenses shall be made to the commissioner, with all fees
45.22required by section 326B.092. All contractor licenses shall expire on December 31 of each
45.23odd-numbered year after issuance or renewal.
45.24(d) For purposes of calculating license fees and renewal license fees required under
45.26(1) the following licenses shall be considered business licenses: plumbing contractor
45.27and restricted plumbing contractor;
45.28(2) the following licenses shall be considered master licenses: master plumber and
45.29restricted master plumber;
45.30(3) the following licenses shall be considered journeyman licenses: journeyman
45.31plumber and restricted journeyman plumber; and
45.32(4) the registration of a plumber's apprentice under section 326B.47, subdivision 3,
45.33shall be considered an entry level license.
45.34(e) For each filing of a certificate of responsible person by an employer, the fee is
Sec. 59. Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
46.3 Subd. 1a. Responsible licensed master. "Responsible licensed master" means the
46.4licensed water conditioning master or licensed master plumber designated in writing by
46.5the water conditioning contractor in the water conditioning contractor's license application,
46.6or in another manner acceptable to the commissioner, as the individual responsible for
46.7the water conditioning contractor's compliance with sections 326B.50 to 326B.59, all
46.8rules adopted under these sections, the Minnesota Plumbing Code, and all orders issued
46.9under section 326B.082.
Sec. 60. Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
46.12 Subd. 2a. Water conditioning contractor. "Water conditioning contractor"
46.13means a person who performs or offers to perform any water conditioning installation or
46.14water conditioning servicing, with or without compensation, who is licensed as a water
46.15conditioning contractor by the commissioner.
Sec. 61. Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
46.18 Subd. 3a. Water conditioning journeyman. "Water conditioning journeyman"
46.19means an individual, other than a water conditioning master, who has demonstrated
46.20practical knowledge of water conditioning installation and servicing, and who is licensed
46.21by the commissioner as a water conditioning journeyman.
Sec. 62. Minnesota Statutes 2008, section 326B.50, is amended by adding a
subdivision to read:
46.24 Subd. 3b. Water conditioning master. "Water conditioning master" means
46.25an individual who has demonstrated skill in planning, superintending, installing, and
46.26servicing water conditioning installations, and who is licensed by the commissioner as a
46.27water conditioning master.
Sec. 63. Minnesota Statutes 2008, section 326B.54, is amended to read:
46.29326B.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 contractor, licensed water conditioning
or licensed water conditioning
observed by the local authority.
Sec. 64. Minnesota Statutes 2008, section 326B.55, as amended by Laws 2010, chapter
183, section 13, is amended to read:
47.5326B.55 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
Subdivision 1. Licensing. (a) Except as provided in paragraph (d), no individual
47.7shall perform water conditioning installation or water conditioning servicing unless
47.8licensed by the commissioner as a master plumber, journeyman plumber, water
47.9conditioning master, or water conditioning journeyman, or, in all areas of the state except
47.10in cities and towns with a population of more than 5,000 according to the last federal
47.11census, as a restricted master plumber or restricted journeyman plumber.
47.12(b) Except as provided in paragraph (e), no person shall perform or offer to
47.13perform water conditioning installation or water conditioning servicing with or without
47.14compensation unless the person obtains a water conditioning contractor's license. A water
47.15conditioning contractor's license does not of itself qualify its holder to perform the water
47.16conditioning installation or water conditioning servicing authorized by holding a water
47.17conditioning master or water conditioning journeyman license.
47.18(c) Except as provided in paragraph (d),
no person shall engage in or work at the
business of water conditioning installation or servicing anywhere in the state unless
at all times an individual licensed as a master plumber or
by the commissioner
shall be, who is
responsible for the proper installation and
47.22servicing, is in charge of the
water conditioning installation and servicing work
47.23 person, and (2) all installations, other than.
47.24If a water conditioning contractor employs a licensed master, restricted master,
47.25journeyman or restricted journeyman plumber, or a licensed water conditioning master
47.26or journeyman, then the licensed individual does not need a separate water conditioning
47.27contractor license to perform water conditioning installation or servicing on behalf of the
47.28employer within the scope of the individual's plumber license.
47.29(d) No water conditioning contractor, water conditioning master, or water
47.30conditioning journeyman license is required:
exchanges of portable water conditioning
, are performed by a
47.32 licensed water conditioning contractor or licensed water conditioning installer. Any
47.33 individual not so licensed may; or
47.34(2) for an individual to
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
as a residence, unless otherwise prohibited
by a local ordinance. The scope of work that a master plumber, restricted master plumber,
48.3journeyman plumber, or restricted journeyman plumber is authorized to perform as an
48.4employee of a licensed water conditioning contractor shall be limited to the scope of work
48.5that the licensed water conditioning contractor is licensed to perform.
Subd. 2. Qualifications for licensing. (a)
A water conditioning
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
. A water conditioning
license shall only be issued to an individual other than a water conditioning
who has demonstrated practical knowledge of water conditioning
installation, and has successfully passed the examination for water conditioning
. A water conditioning
must successfully pass the
examination for water conditioning
before being licensed as a water
48.16(b) Each water conditioning contractor must designate a responsible licensed master
48.17plumber or a responsible licensed water conditioning master, who shall be responsible for
48.18the performance of all water conditioning installation and servicing in accordance with the
48.19requirements of sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to
48.20326B.59, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If
48.21the water conditioning contractor is an individual or sole proprietorship, the responsible
48.22licensed master must be the individual, proprietor, or managing employee. If the water
48.23conditioning contractor is a partnership, the responsible licensed master must be a general
48.24partner or managing employee. If the water conditioning contractor is a limited liability
48.25company, the responsible licensed master must be a chief manager or managing employee.
48.26If the water conditioning contractor is a corporation, the responsible licensed master must
48.27be an officer or managing employee. If the responsible licensed master is a managing
48.28employee, the responsible licensed master must be actively engaged in performing water
48.29conditioning work on behalf of the water conditioning contractor and cannot be employed
48.30in any capacity as a water conditioning master or water conditioning journeyman for any
48.31other water conditioning contractor. An individual must not be the responsible licensed
48.32master for more than one water conditioning contractor.
48.33(c) All applications and renewals for water conditioning contractor licenses shall
48.34include a verified statement that the applicant or licensee has complied with paragraph (b).
49.1(d) Each application and renewal for a water conditioning master license, water
49.2conditioning journeyman license, or a water conditioning contractor license shall be
49.3accompanied by all fees required by section 326B.092.
Subd. 3. Commissioner.
The commissioner shall:
(1) license water conditioning contractors, water conditioning masters,
49.6water conditioning journeymen
an examination fee from each examinee for a license as a water
49.8 conditioning contractor and an examination fee from each examinee for a license as a
49.9 water conditioning installer in an amount set forth in section
326B.58 the fees required by
Sec. 65. Minnesota Statutes 2008, section 326B.56, as amended by Laws 2009, chapter
78, article 5, section 18, is amended to read:
ALTERNATIVE STATE BONDING AND INSURANCE
Subdivision 1. Bonds.
An applicant for a water conditioning contractor or
49.16 installer license or renewal thereof who is required by any political subdivision to give a
49.17 bond to obtain or maintain the license, may comply with any political subdivision bonding
49.18 requirement by giving As a condition of licensing, each water conditioning contractor
49.19shall give and maintain
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
contracting or installing work installation or servicing
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.
Each applicant for a water conditioning contractor or
49.30 installer license or renewal thereof who is required by any political subdivision to maintain
49.31 insurance to obtain or maintain the license may comply with any political subdivision's
49.32 insurance requirement by maintaining As a condition of licensing, each water conditioning
49.33contractor shall have and maintain in effect
the insurance described in paragraph (b).
No applicant for a water conditioning contractor
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
Sec. 66. Minnesota Statutes 2009 Supplement, section 326B.58, is amended to read:
50.26326B.58 FEES; RENEWAL.
Examination fees for both water conditioning contractors and water conditioning
50.28 installers shall be $50 for each examination.
Each initial water conditioning
50.29 and installer master and water conditioning journeyman
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.
The license fee for each initial water conditioning contractor's
50.32 license shall be $140, except that the license fee shall be $105 if the application is
50.33 submitted during the last three months of the calendar year. The license fee for each
50.34 renewal water conditioning contractor's license shall be $70 for one year or $140 for two
50.35 years. The license fee for each initial water conditioning installer license shall be $70,
51.1 except that the license fee shall be $52.50 if the application is submitted during the last
51.2 three months of the calendar year. The license fee for each renewal water conditioning
51.3 installer license shall be $35 for one year or $70 for two years.
(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
contractor and installer master and journeyman
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
commissioner Plumbing Board
may by rule prescribe for the
expiration and renewal of licenses.
Any licensee who does not renew a license within two years after the license
51.11 expires is no longer eligible for renewal. Such an individual must retake and pass the
51.12 examination before a new license will be issued. A water conditioning contractor or water
51.13 conditioning installer who submits a license renewal application after the time specified
51.14 in rule but within two years after the license expired must pay all past due renewal fees
51.15 plus a late fee of $25 All water conditioning contractor licenses shall expire on December
51.1631 of the year after issuance or renewal
51.17(d) For purposes of calculating license fees and renewal fees required under section
51.19(1) a water conditioning journeyman license shall be considered a journeyman
51.21(2) a water conditioning master license shall be considered a master license; and
51.22(3) a water conditioning contractor license shall be considered a business license.
Sec. 67. 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
326.02, subdivisions 2
(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
(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 section during the calendar year in which the affidavit
52.18is received. For the purposes of calculating fees under section 326B.092, a certificate of
52.19exemption is an entry level license
. 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
certificate of exemption
and 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. 68. Minnesota Statutes 2009 Supplement, section 326B.815, subdivision 1,
is amended to read:
Licensing fee Fees.
The licensing fee for persons licensed
52.30 pursuant to sections
326B.885 , except for manufactured home installers,
52.31 is $200 for a two-year period. The For the purposes of calculating fees under section
52.32326B.092, an initial or renewed residential contractor, residential remodeler, or residential
52.33roofer license is a business license. Notwithstanding section 326B.092, the
for manufactured home installers under section
is $300 for a three-year period.
(b) All initial and renewal
licenses, 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.
The license fee for each renewal of a residential contractor,
53.4 residential remodeler, or residential roofer license shall be $100 for one year and $200
53.5 for two years.
(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. 69. Minnesota Statutes 2008, section 326B.83, subdivision 1, is amended to read:
Subdivision 1. Form. (a)
An applicant for a license under sections
must submit an application, under oath and accompanied by the
license fee fees
required by section
, on a form prescribed by the commissioner.
Within 30 business days of receiving all required information, the commissioner must
53.16 act on the license request.
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
Sec. 70. Minnesota Statutes 2008, section 326B.83, subdivision 3, is amended to read:
Subd. 3. Examination.
(a) Each qualifying person must
satisfactorily complete pass
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.
(c) An individual's passing examination results expire two years from the
53.33 examination date. An individual who passes the examination but does not choose to apply
54.1 to act as a qualifying person for a licensee within two years from the examination date,
54.2 must, upon application provide:
54.3 (1) passing examination results within two years from the date of application; or
54.4 (2) proof that the person has fulfilled the continuing education requirements in
326B.821 in the manner required for a qualifying person of a licensee for each
54.6 license period after the expiration of the examination results.
Sec. 71. 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
326B.092 to 326B.098 and
Sec. 72. 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 biennial
surety 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 biennial
bond 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
are not state bonds or contracts
for purposes of sections
16C.05, subdivision 2
Sec. 73. Minnesota Statutes 2008, section 326B.865, is amended to read:
54.29326B.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
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. 74. 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. An application for a high pressure piping business license shall include
55.22a verified statement that the applicant or licensee has complied with this subdivision.
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
Sec. 75. 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
commissioner, with all fees required by section 326B.092
. The board may prescribe rules,
not inconsistent with this section, for the registration of unlicensed individuals.
An unlicensed individual applying for initial registration shall pay the department an
56.9 application fee of $50.
Applications for initial registration may be submitted at any time.
Registration must be renewed annually and shall be valid for one calendar year beginning
Applications for renewal registration must be submitted to the commissioner
56.12 before December 31 of each registration period on forms provided by the commissioner,
56.13 and must be accompanied by a fee of $50. There shall be no refund of fees paid.
Sec. 76. Minnesota Statutes 2008, section 326B.921, subdivision 7, is amended to read:
Subd. 7. License
fee, registration, and renewal fees. The department shall charge
56.16 the following license fees:
56.17 (a) application for journeyman high pressure pipefitter competency license, $120;
56.18 (b) renewal of journeyman high pressure pipefitter competency license, $80;
56.19 (c) application for contracting high pressure pipefitter competency license, $270;
56.20 (d) renewal of contracting high pressure pipefitter competency license, $240;
56.21 (e) application for high pressure piping business license, $450;
56.22 (f) application to inactivate a contracting high pressure pipefitter competency license
56.23 or inactivate a journeyman high pressure pipefitter competency license, $40; and
56.24 (g) renewal of an inactive contracting high pressure pipefitter competency license or
56.25 inactive journeyman high pressure pipefitter competency license, $40.
56.26 If an application for renewal of an active or inactive journeyman high pressure
56.27 pipefitter competency license or active or inactive contracting high pressure pipefitter
56.28 competency license is received by the department after the date of expiration of the
56.29 license, a $30 late renewal fee shall be added to the license renewal fee.
56.30 Payment must accompany the application for a license or renewal of a license. There
56.31 shall be no refund of fees paid.
56.32For purposes of calculating license, registration, and renewal fees required under
56.34(1) the registration of an unlicensed individual under subdivision 4 is an entry
57.1(2) a journeyman high pressure pipefitter license is a journeyman license;
57.2(3) a contracting high pressure pipefitter license is a master license; and
57.3(4) a high pressure piping business license is a business license.
Sec. 77. Minnesota Statutes 2008, section 326B.922, is amended to read:
57.5326B.922 LICENSE APPLICATION AND RENEWAL.
Application for a contracting high pressure pipefitter
journeyman high pressure pipefitter
competency, or a high pressure piping business
license shall be made to the department, with all
fees required by section 326B.092
The applicant for a contracting high pressure pipefitter or a journeyman high
57.10pressure pipefitter license
shall be licensed only after passing an examination developed
and administered by the department in accordance with rules adopted by the board.
57.12 competency license issued by the department shall expire on December 31 of each year. A
57.13 renewal application must be received by the department within one year after expiration of
57.14 the competency license. A license that has been expired for more than one year cannot
57.15 be renewed, and can only be reissued if the applicant submits a new application for the
57.16 competency license, pays a new application fee, and retakes and passes the applicable
57.17 license examination.
57.18(c) All initial contracting high pressure pipefitter licenses, journeyman high pressure
57.19pipefitter licenses, and high pressure piping business licenses are effective for more than
57.20one calendar year and expire on December 31 of the year after the year in which the
57.21application is made. The commissioner shall in a manner determined by the commissioner,
57.22without the need for any rulemaking under chapter 14, phase in the renewal of contracting
57.23high pressure pipefitter, journeyman high pressure pipefitter, and high pressure piping
57.24business licenses from one year to two years. By June 30, 2012, all such licenses shall be
Sec. 78. Minnesota Statutes 2009 Supplement, section 326B.94, subdivision 4, is
amended to read:
Subd. 4. Examinations, licensing. Every individual that operates a boat must
57.29hold a current master's license issued by the commissioner, unless the individual holds
57.30a valid, current charter boat captain's license issued by the United States Coast Guard.
The 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
326B.986, subdivision 2 326B.092
Sec. 79. 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,
58.10 least 15 days before the requested exam date. If the commissioner approves the applicant
58.11 for examination, the applicant may take the examination on one occasion within one
58.12 year from the date the commissioner receives the application with all fees required by
Sec. 80. Minnesota Statutes 2008, section 326B.978, is amended by adding a
subdivision to read:
58.16 Subd. 19. Applicability. This section shall not apply to traction or hobby boiler
58.17engineer's licenses or provisional licenses.
Sec. 81. Minnesota Statutes 2009 Supplement, section 326B.986, subdivision 5,
is amended to read:
Subd. 5. Boiler engineer license fees.
(a) For the following licenses, the
58.21 nonrefundable license and application fee is:
58.22 (1) chief engineer's license, $70;
58.23 (2) first class engineer's license, $70;
58.24 (3) second class engineer's license, $70;
58.25 (4) special engineer's license, $40;
58.26 (5) traction or hobby boiler engineer's license, $50; and
58.27 (6) provisional license, $50.
58.28 (b) An engineer's license, except a provisional license, may be renewed upon
58.29 application and payment of a renewal fee of $20 for one year or $40 for two years. If
58.30 the renewal fee is paid later than 30 days after expiration, then a late fee of $15 will be
58.31 added to the renewal fee.
58.32(a) For purposes of calculating license fees and renewal license fees required under
59.1(1) the boiler special engineer license is an entry level license;
59.2(2) the following licenses are journeyman licenses: first class engineer, Grade A;
59.3first class engineer, Grade B; first class engineer, Grade C; second class engineer, Grade
59.4A; second class engineer, Grade B; second class engineer, Grade C; and provisional
59.6(3) the following licenses are master licenses: boiler chief engineer, Grade A; boiler
59.7chief engineer, Grade B; boiler chief engineer, Grade C; boiler commissioner inspector;
59.8and traction or hobby boiler engineer.
59.9(b) Notwithstanding section 326B.092, subdivision 7, paragraph (a), the license
59.10duration for steam traction and hobby engineer licenses are one year only for the purpose
59.11of calculating license fees under section 326B.092, subdivision 7, paragraph (b).
Sec. 82. Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to read:
Subd. 17. Installation.
"Installation" of a manufactured home means
59.14installation or reinstallation
, at the site of occupancy, of all portions of a manufactured
home, connection of the manufactured home to existing utility connections and installation
of support and/or anchoring systems.
Sec. 83. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
59.19 Subd. 21. Used manufactured home. "Used manufactured home" means a home
59.20being offered for sale not less than 24 months after the first purchaser took legal ownership
59.21or possession of the home.
Sec. 84. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
59.24 Subd. 22. Seller. "Seller" means either the homeowner, manufactured home retailer
59.25or dealer, broker, or limited dealer or retailer.
Sec. 85. Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read:
Subdivision 1. Requirement; new manufactured homes.
No person shall sell
or offer for sale
in this state
manufactured after July 1,
59.29 1972, or
manufacture any manufactured home in this state
or install for occupancy any
59.30 manufactured home manufactured after July 1, 1972, in any manufactured home park in
59.31 this state
unless the manufactured home complies with the Manufactured Home Building
: bears a label as required by the secretary.
60.1 (a) bears a seal issued by the commissioner, and is, whenever possible, accompanied
60.2 by a certificate by the manufacturer or dealer, both evidencing that it complies with the
60.3 Manufactured Home Building Code; or
60.4 (b) if manufactured after June 14, 1976, bears a label as required by the secretary.
Sec. 86. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
60.7 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
60.8offer for sale in this state any used manufactured home manufactured after June 14,
60.91976, or install for occupancy any used manufactured home manufactured after June
60.1014, 1976, unless the used manufactured home complies with the Notice of Compliance
60.11Form as provided in this subdivision. If manufactured after June 14, 1976, the home
60.12must bear a label as required by the secretary. The Notice of Compliance Form shall be
60.13signed by the seller and purchaser indicating which party is responsible for either making
60.14or paying for any necessary corrections prior to the sale and transferring ownership of
60.15the manufactured home.
60.16The Notice of Compliance Form shall be substantially in the following form:
60.17"Notice of Compliance Form as required in Minnesota Statutes,
60.18section 327.32, subdivision 1.
60.19This notice must be completed and signed by the purchaser(s) and the seller(s) of the
60.20used manufactured home described in the purchase agreement and on the bottom of this
60.21notice before the parties transfer ownership of a used manufactured home constructed
60.22after June 14, 1976.
60.23Electric ranges and clothes dryers must have required four-conductor cords and plugs.
60.26Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
60.27of Federal Regulations, title 24, section 3280.709(g), and installed correctly in accordance
60.28with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
60.29Code of Federal Regulations, title 24, section 3280.709(g)).
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
60.32Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
60.33Regulations, title 24, section 3280.709(a) and (d)(1) and (2), and installed correctly, in
60.34accordance with their listing or standards.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.3Smoke alarms are required to be installed and operational in accordance with Code of
61.4Federal Regulations, title 24, section 3280.208.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.7Carbon monoxide alarms or CO detectors that are approved and operational are required
61.8to be installed within ten feet of each room lawfully used for sleeping purposes.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.11Egress windows are required in every bedroom with at least one operable window with
61.12a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
61.13the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
61.14operating handles, tabs, or other operational devices shall not be located more than 54
61.15inches above the finished floor.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.18The furnace compartment of the home is required to have interior finish with a flame
61.19spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
61.20Housing and Urban Development Code governing manufactured housing construction.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.23The water heater enclosure in this home is required to have interior finish with a flame
61.24spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
61.25Housing and Urban Development Code governing manufactured housing construction.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.28The home complies with the snowload and heat zone requirements for the state of
61.29Minnesota as indicated by the data plate.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
61.32The parties to this agreement have initialed all required sections and agree by their
61.33signature to complete any necessary corrections prior to the sale or transfer of ownership
62.1of the home described below as listed in the purchase agreement. The state of Minnesota
62.2or a local building official has the authority to inspect the home in the manner described in
62.3Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was
62.4properly executed as provided under the Manufactured Home Building Code.
|Correction required ..........
|Initialed by Responsible Party: Buyer ..........
|Signature of Purchaser(s) of Home
|Print name as appears on purchase
|Print name as appears on purchase
|Signature of Seller(s) of Home
|Print name and license number, if applicable
|Print name and license number, if applicable
|(Street address of home at time of sale)
|Name of manufacturer of home............................................................................
|Model and Year.....................................................................................................
Sec. 87. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
62.22 Subd. 1b. Alternative design plan. An alternative frost-free design slab that is
62.23submitted to the department, stamped by a licensed professional engineer or architect,
62.24and is in compliance with either the federal installation standards in effect at the date of
62.25manufacture or the Minnesota State Building Code, when applicable, shall be issued a
62.26permit by the department within ten days.
Sec. 88. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
62.29 Subd. 1c. Manufacturer's installation instructions; new home. All new
62.30single-section manufactured homes and new multisection manufactured homes shall be
62.31installed in compliance with either the manufacturer's installation instructions in effect at
62.32the date of manufacture or, when applicable, the Minnesota State Building Code.
Sec. 89. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
62.35 Subd. 1d. Manufacturer's installation instructions; used multisection homes.
62.36All used multisection manufactured homes shall be installed in compliance with the
63.1manufacturer's installation instructions in effect at the date of manufacture, approved
63.2addenda or, when applicable, the Minnesota State Building Code.
Sec. 90. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
63.5 Subd. 1e. Reinstallation requirements for single-section used manufactured
63.6homes. (a) All single-section used manufactured homes reinstalled less than 24 months
63.7from the date of installation by the first purchaser must be reinstalled in compliance with
63.8subdivision 1c. All single-section used manufactured homes reinstalled more than 24
63.9months from the date of installation by the first purchaser may be reinstalled without
63.10a frost-protected foundation if the home is reinstalled in compliance with Minnesota
63.11Rules, chapter 1350, for above frost-line installations and the notice requirement of
63.12subdivision 1f is complied with by the seller and the purchaser of the single-section used
63.14(b) The installer shall affix an installation seal issued by the department to the
63.15outside of the home as required by the Minnesota State Building Code. The certificate
63.16of installation issued by the installer of record shall clearly state that the home has been
63.17reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
63.18for issuance of reinstallation seals shall follow the requirements of sections 326B.802
63.19to 326B.885. Fees for review of plans, specifications, and on-site inspections shall be
63.20those as specified in section 326B.153, subdivision 1, paragraph (c). Whenever an
63.21installation certificate for an above frost-line installation is issued to a single-section used
63.22manufactured home being listed for sale, the purchase agreement must disclose that the
63.23home is installed on a nonfrost-protected foundation and recommend that the purchaser
63.24have the home inspected to determine the effects of frost on the home.
Sec. 91. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
63.27 Subd. 1f. Notice requirement. The seller of the single-section used manufactured
63.28home being reinstalled under subdivision 1e shall provide the following notice to the
63.29purchaser and secure signatures of all parties to the purchase agreement on or before
63.30signing a purchase agreement prior to submitting an application for an installation
63.31certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
63.32home under subdivision 1e, the current owner is not required to comply with the notice
63.33requirement under this subdivision. The notice shall be in at least 14-point font, except the
63.34heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
64.1The notice must be printed on a separate sheet of paper in a color different than the paper
64.2on which the purchase agreement is printed. The notice becomes a part of the purchase
64.3agreement and shall be substantially in the following form:
64.4"Notice of Reinstalling of a Single-Section Used Manufactured
64.5Home Above Frost-Line;
64.6WHICH MAY VOID WARRANTY
64.7It is recommended that the single-section used manufactured home being reinstalled
64.8follow the instructions in the manufacturer's installation manual. By signing this notice,
64.9the purchaser(s) are acknowledging they have elected to use footings placed above the
64.10local frost line in accordance with the Minnesota State Building Code.
64.11The seller has explained the differences between the manufacturer's installation
64.12instructions and the installation system selected by the purchaser(s) with respect to
64.13possible effects of frost on the manufactured home.
64.14The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
64.15original warranty remaining on the home and recognize that any other extended or ancillary
64.16warranty could be adversely affected if any applicable warranty stipulates that the home
64.17be installed in accordance with the manufacturer's installation manual to remain effective.
64.18After the reinstallation of the manufactured home, it is highly recommended that the
64.19purchaser(s) have a licensed manufactured home installer recheck the home's installation
64.20for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
64.21The purchaser(s) of the used manufactured home described below that is being reinstalled
64.22acknowledge they have read this notice and have been advised to contact the manufacturer
64.23of the home and/or the Department of Labor and Industry if they desire additional
64.24information before signing this notice. It is the intent of this notice to inform the
64.25purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
64.26for the reinstallation of the manufactured home as originally required by the home's
64.28Plain language notice.
64.29I understand that because this home will be installed with footings placed above the
64.30local frost line, this home may be subject to adverse effects from frost heave that may
64.31damage this home. Purchaser(s) initials: .......
64.32I understand that the installation of this home with footings placed above the local
64.33frost line could affect my ability to obtain a mortgage or mortgage insurance on this
64.34home. Purchaser(s) initials: .......
65.1I understand that the installation of this home with footings placed above the local
65.2frost line could void my warranty on the home if any warranty is still in place on this
65.3home. Purchaser(s) initials: .......
65.15Name of licensed installer and license number or homeowner responsible for the
65.16installation of the home as described above.
|Signature of Purchaser(s)
|(Street address of location where
manufactured home is being reinstalled)
|Name of manufacturer of home.........................................................................
|Model and year...................................................................................................
Sec. 92. Minnesota Statutes 2008, section 327.34, subdivision 1, is amended to read:
Subdivision 1. Generally.
It shall be a misdemeanor for any person,
(a) to sell, lease, or offer to sell or lease, any manufactured home manufactured
July 1, 1972 June 14, 1976,
which does not comply with the Manufactured Home
Building Code or which does not bear a seal or label as required by sections
, unless the action is subject to the provisions of section
(b) to affix a seal or label, or cause a seal or label to be affixed, to any manufactured
home which does not comply with the Manufactured Home Building Code unless the
action is subject to the provisions of section
(c) to alter a manufactured home manufactured after
July 1, 1972 June 14, 1976
in a manner prohibited by sections
(d) to fail to correct a Manufactured Home Building Code violation in a
manufactured home manufactured after
July 1, 1972 June 14, 1976
, which is owned,
manufactured, or sold by that person, within 40 days of being ordered to do so in writing
by an authorized representative of the commissioner, unless the correction is subject to the
provisions of section
66.1 (e) to interfere with, obstruct, or hinder any authorized representative of the
66.2 commissioner in the performance of duties relating to manufactured homes manufactured
66.3 after July 1, 1972, and prior to June 15, 1976.
Sec. 93. 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. Subagency license renewal must coincide
66.9with the principal license date.
No dealer shall do business as a dealer under any other
name than the name on its license.
Sec. 94. Minnesota Statutes 2009 Supplement, section 327B.04, subdivision 7, is
amended to read:
Subd. 7. Licenses;
when granted renewal. In addition to the requirements of this
each application for a license or license renewal must be accompanied by
a fee in
66.15 an amount established by subdivision 7a all applicable fees required by section 326B.092
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
66.19 commissioner shall grant or deny a license application or a renewal application within 60
66.20 days of its filing.
If the license is granted, the commissioner shall license the applicant as a
dealer or manufacturer for the remainder of the 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
and all taxes, arrearages, and penalties owed to the state.
Sec. 95. 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
are as follows:
66.31shall be calculated pursuant to section 326B.092.
66.32 (1) initial dealer license for principal location, $400. Fee is not refundable;
66.33 (2) initial dealer license for subagency location, $80;
67.1 (3) dealer license biennial renewal, principal location, $400; dealer subagency
67.2 location biennial renewal, $160. Subagency license renewal must coincide with the
67.3 principal license date;
67.4 (4) initial limited dealer license, $200;
67.5 (5) change of bonding company, $10;
67.6 (6) reinstatement of bond after cancellation notice has been received, $10;
67.7 (7) checks returned without payment, $15; and
67.8 (8) change of address, $10.
(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
The license fee for each renewed limited dealer license shall be $100 for one year
67.13 and $200 for two years. For the purposes of calculating fees under section 326B.092, any
67.14license issued under this section is a business license, except that a subagency license is a
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.
(d) All fees are not refundable.
Sec. 96. 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
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
subdivision 7a section 326B.092
documents" mean only the safety feature disclosure form defined in section
, 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
Sec. 97. Minnesota Statutes 2009 Supplement, section 327B.041, is amended to read:
68.33327B.041 MANUFACTURED HOME INSTALLERS.
(a) Manufactured home installers are subject to all of the fees in section 326B.092
requirements of sections
, except for the following:
(1) manufactured home installers are not subject to the continuing education
requirements of section
, but are subject to the continuing education requirements
established in rules adopted under section
(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
(5) the exemption under section
326B.805, subdivision 6
, clause (5), does not
(6) manufactured home installers are not subject to the contractor recovery fund
(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 department and the individual complies with section 326B.092, subdivisions 1
69.23and 3 to 7. For the purposes of calculating fees under section 326B.092, licensure as a
69.24manufactured home installer is a business license
Sec. 98. Minnesota Statutes 2008, section 469.1082, subdivision 5, is amended to read:
Subd. 5. Area of operation.
The area of operation of a county economic
development service provider created under this section shall include all cities and
within a county that have adopted resolutions electing to participate. A city
may adopt a resolution electing to withdraw participation. The withdrawal
election may be made every fifth year following adoption of the resolution electing
participation. The withdrawal election is effective on the anniversary date of the original
resolution provided notice is given to the county economic development authority not less
than 90 nor more than 180 days prior to that anniversary date. The city or township
electing to withdraw retains any rights, obligations, and liabilities it obtained or incurred
during its participation. Any city or township
within the county shall have the option to
adopt a resolution to prohibit the county economic development service provider created
under this section from operating within its boundaries and (1) within an agreed upon
urban service area, or (2) within the distance approved in the committee report referenced
in subdivision 3. If a city or township
prohibits a county economic development service
provider created under this section from operating within its boundaries, the city's or
property taxpayers shall not be subject to the property tax levied for the county
economic development service provider.
Sec. 99. Minnesota Statutes 2008, section 471.59, subdivision 10, is amended to read:
Subd. 10. Services performed by governmental units; commonality of powers.
Notwithstanding the provisions of subdivision 1 requiring commonality of powers
between parties to any agreement, the governing body of any governmental unit as
defined in subdivision 1 may enter into agreements with any other governmental unit
to perform on behalf of that unit any service or function which the governmental unit
providing the service or function is authorized to provide for itself. If the agreement
70.15has the effect of eliminating or replacing a public employee who is part of a collective
70.16bargaining agreement represented by an exclusive representative, and there is no provision
70.17in the collective bargaining agreement detailing the effect of the action on the affected
70.18public employee, negotiations on the effects to the employee of the job elimination or
70.19restructuring must be conducted between the exclusive representative and the employer.
Sec. 100. Laws 2009, chapter 78, article 1, section 3, subdivision 2, is amended to read:
|Subd. 2.Business and Community
|Appropriations by Fund
(a) $700,000 the first year and $700,000 the
second year are from the remediation fund for
contaminated site cleanup and development
grants under Minnesota Statutes, section
. This appropriation is available
(b) $200,000 each year is from the general
fund for a grant to WomenVenture for
women's business development programs
and for programs that encourage and assist
women to enter nontraditional careers in the
trades; manual and technical occupations;
science, technology, engineering, and
mathematics-related occupations; and green
jobs. This appropriation may be matched
dollar for dollar with any resources available
from the federal government for these
purposes with priority given to initiatives
that have a goal of increasing by at least ten
percent the number of women in occupations
where women currently comprise less than 25
percent of the workforce. The appropriation
is available until expended.
(c) $105,000 each year is from the general
fund and $50,000 each year is from the
workforce development fund for a grant to
the Metropolitan Economic Development
Association for continuing minority business
development programs in the metropolitan
area. This appropriation must be used for the
sole purpose of providing free or reduced
fee business consulting services to minority
entrepreneurs and contractors.
(d)(1) $500,000 each year is from the
general fund for a grant to BioBusiness
Alliance of Minnesota for bioscience
business development programs to promote
and position the state as a global leader
in bioscience business activities. This
appropriation is added to the department's
base. These funds may be used to create,
recruit, retain, and expand biobusiness
activity in Minnesota; implement the
destination 2025 statewide plan; update
a statewide assessment of the bioscience
industry and the competitive position of
Minnesota-based bioscience businesses
relative to other states and other nations;
and develop and implement business and
scenario-planning models to create, recruit,
retain, and expand biobusiness activity in
(2) The BioBusiness Alliance must report
each year by February 15 to the committees
of the house of representatives and the senate
having jurisdiction over bioscience industry
activity in Minnesota on the use of funds;
the number of bioscience businesses and
jobs created, recruited, retained, or expanded
in the state since the last reporting period;
the competitive position of the biobusiness
industry; and utilization rates and results of
the business and scenario-planning models
and outcomes resulting from utilization of
the business and scenario-planning models.
(e)(1) Of the money available in the
Minnesota Investment Fund, Minnesota
, to the
commissioner of the Department of
Employment and Economic Development,
up to $3,000,000 is appropriated in fiscal year
2010 for a loan to an aircraft manufacturing
and assembly company, associated with the
aerospace industry, for equipment utilized
to establish an aircraft completion center
at the Minneapolis-St. Paul International
Airport. The finishing center must use the
state's vocational training programs designed
specifically for aircraft maintenance training,
and to the extent possible, work to recruit
employees from these programs. The center
must create at least 200 new manufacturing
jobs within 24 months of receiving the
loan, and create not less than 500 new
manufacturing jobs over a five-year period
(2) This loan is not subject to loan limitations
under Minnesota Statutes, section
. Any match requirements
under Minnesota Statutes, section
, may be made from current
resources. This is a onetime appropriation
and is effective the day following final
(f) $65,000 each year is from the general
fund for a grant to the Minnesota Inventors
Congress, of which at least $6,500 must be
used for youth inventors.
(g) $200,000 the first year and $200,000 the
second year are for the Office of Science and
Technology. This is a onetime appropriation.
(h) $500,000 the first year and $500,000 the
second year are for a grant to Enterprise
Minnesota, Inc., for the small business
growth acceleration program under
Minnesota Statutes, section
is a onetime appropriation and is available
(i)(1) $100,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section
to the Rural Policy and Development
Center at St. Peter, Minnesota. The grant
shall be used for research and policy
analysis on emerging economic and social
issues in rural Minnesota, to serve as a
policy resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions, to
provide interdisciplinary team approaches
to research and problem-solving in rural
communities, and to administer overall
operations of the center.
(2) The grant shall be provided upon the
condition that each state-appropriated
dollar be matched with a nonstate dollar.
Acceptable matching funds are nonstate
contributions that the center has received and
have not been used to match previous state
grants. Any funds not spent the first year are
available the second year.
(j) Notwithstanding Minnesota Statutes,
268.18, subdivision 2
, $414,000 of
funds collected for unemployment insurance
administration under this subdivision is
appropriated as follows: $250,000 to Lake
County for ice storm damage; $64,000 is for
the city of Green Isle for reimbursement of
fire relief efforts and other expenses incurred
as a result of the fire in the city of Green Isle;
and $100,000 is to develop the construction
mitigation pilot program to make grants
74.30 up to five projects statewide available
government units to mitigate the impacts of
transportation construction on local small
business. These are onetime appropriations
and are available until expended.
(k) Up to $10,000,000 is appropriated from
the Minnesota minerals 21st century fund to
the commissioner of Iron Range resources
and rehabilitation to make
a grant grants
loan to a manufacturer loans to
of windmill blades
at a facility,
75.7other renewable energy manufacturing, or
75.8biomass products at facilities
to be located
within the taconite tax relief area defined
in Minnesota Statutes, section
75.11match is required for the renewable energy
75.12manufacturing or biomass projects.
(l) $1,000,000 is appropriated from the
Minnesota minerals 21st century fund to
the Board of Trustees of the Minnesota
State Colleges and Universities for a grant
to the Northeast Higher Education District
for planning, design, and construction of
classrooms and housing facilities for upper
division students in the engineering program.
(m)(1) $189,000 each year is appropriated
from the workforce development fund for
grants of $63,000 to eligible organizations
each year to assist in the development of
entrepreneurs and small businesses. Each
state grant dollar must be matched with $1
of nonstate funds. Any balance in the first
year does not cancel but is available in the
(2) Three grants must be awarded to
continue or to develop a program. One
grant must be awarded to the Riverbend
Center for Entrepreneurial Facilitation
in Blue Earth County, and two to other
organizations serving Faribault and Martin
Counties. Grant recipients must report to the
commissioner by February 1 of each year
that the organization receives a grant with the
number of customers served; the number of
businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates. The commissioner
must report to the house of representatives
and senate committees with jurisdiction
over economic development finance on the
effectiveness of these programs for assisting
in the development of entrepreneurs and
Sec. 101. Laws 2010, chapter 216, section 58, is amended to read:
Sec. 58. 2010 DISTRIBUTIONS ONLY.
For distributions in 2010 only, a special fund is established to receive
cents per ton that otherwise would be allocated under Minnesota Statutes, section
. The following amounts are allocated to St. Louis County acting as the fiscal
76.19agent for the recipients for the specific purposes
(1) 0.764 cent per ton must be paid to Northern Minnesota Dental to provide
incentives for at least two dentists to establish dental practices in high-need areas of the
taconite tax relief area;
(2) 0.955 cent per ton must be paid to the city of Virginia for repairs and geothermal
heat at the Olcott Park Greenhouse/Virginia Commons project;
(3) 0.796 cent per ton must be paid to the city of Virginia for health and safety
repairs at the Miners Memorial;
cents per ton must be paid to the city of Eveleth for the reconstruction
of Highway 142/Grant and Park Avenues;
(5) 0.478 cent per ton must be paid to the Greenway Joint Recreation Board for
upgrades and capital improvements to the public arena in Coleraine;
(6) 0.796 cent per ton must be paid to the city of Calumet for water treatment and
(7) 0.159 cent per ton must be paid to the city of Bovey for residential and
commercial claims for water damage due to water and flood-related damage caused by
the Canisteo Pit;
(8) 0.637 cent per ton must be paid to the city of Nashwauk for a community and
child care center;
(9) 0.637 cent per ton must be paid to the city of Keewatin for water and sewer
(10) 0.637 cent per ton must be paid to the city of Marble for the city hall and
(11) 0.955 cent per ton must be paid to the city of Grand Rapids for extension of
water and sewer services for Lakewood Housing;
(12) 0.159 cent per ton must be paid to the city of Grand Rapids for exhibits at
the Children's Museum;
(13) 0.637 cent per ton must be paid to the city of Grand Rapids for Block 20/21 soil
corrections. This amount must be matched by local sources;
(14) 0.605 cent per ton must be paid to the city of Aitkin for three water loops;
(15) 0.048 cent per ton must be paid to the city of Aitkin for signage;
(16) 0.159 cent per ton must be paid to Aitkin County for a trail;
(17) 0.637 cent per ton must be paid to the city of Cohasset for the Beiers Road
(18) 0.088 cent per ton must be paid to the town of Clinton for expansion and
striping of the community center parking lot;
(19) 0.398 cent per ton must be paid to the city of Kinney for water line replacement;
(20) 0.796 cent per ton must be paid to the city of Gilbert for infrastructure
improvements, milling, and overlay for Summit Street between Alaska Avenue and
(21) 0.318 cent per ton must be paid to the city of Gilbert for sanitary sewer main
replacements and improvements in the Northeast Lower Alley area;
(22) 0.637 cent per ton must be paid to the town of White for replacement of the
Stepetz Road culvert;
(23) 0.796 cent per ton must be paid to the city of Buhl for reconstruction of Sharon
Street and associated infrastructure;
(24) 0.796 cent per ton must be paid to the city of Mountain Iron for site
improvements at the Park Ridge development;
(25) 0.796 cent per ton must be paid to the city of Mountain Iron for infrastructure
and site preparation for its renewable and sustainable energy park;
(26) 0.637 cent per ton must be paid to the city of Biwabik for sanitary sewer
(27) 0.796 cent per ton must be paid to the city of Aurora for alley and road
rebuilding for the Summit Addition;
(28) 0.955 cent per ton must be paid to the city of Silver Bay for bioenergy facility
(29) 0.318 cent per ton must be paid to the city of Grand Marais for water and
sewer infrastructure improvements;
(30) 0.318 cent per ton must be paid to the city of Orr for airport, water, and sewer
(31) 0.716 cent per ton must be paid to the city of Cook for street and bridge
(32) 0.955 cent per ton must be paid to the city of Ely for street, water, and sewer
(33) 0.318 cent per ton must be paid to the city of Tower for water and sewer
(34) 0.955 cent per ton must be paid to the city of Two Harbors for water and sewer
(35) 0.637 cent per ton must be paid to the city of Babbitt for water and sewer
(36) 0.096 cent per ton must be paid to the township of Duluth for infrastructure
(37) 0.096 cent per ton must be paid to the township of Tofte for infrastructure
cents per ton must be paid to the city of Hibbing for sewer improvements;
cents per ton must be paid to the city of Chisholm for NW Area Project
(40) 0.318 cent per ton must be paid to the city of Chisholm for health and safety
improvements at the athletic facility;
(41) 0.796 cent per ton must be paid to the city of Hoyt Lakes for residential street
(42) 0.796 cent per ton must be paid to the Bois Forte Indian Reservation for
infrastructure related to a housing development;
(43) 0.159 cent per ton must be paid to Balkan Township for building improvements;
(44) 0.159 cent per ton must be paid to the city of Grand Rapids for a grant to
a nonprofit for a signage kiosk;
(45) 0.318 cent per ton must be paid to the city of Crane Lake for sanitary sewer
lines and adjacent development near County State-Aid Highway 24;
(46) 0.159 cent per ton must be paid to the city of Chisholm to rehabilitate historic
wall infrastructure around the athletic complex
79.3(47) 2.706 cents per ton must be paid to the Virginia Regional Medical Center for
79.4operating room equipment and renovations; and
79.5(48) 0.478 cent per ton must be paid to St. Louis County for a study of the future
79.6feasibility and operation of Independent School District No. 2142. Funds must be paid
79.7upon execution of a contract to conduct the study.
This section is effective
for the 2010 distribution, all of
79.9 which must be made in the August 2010 payment retroactively from the day following
79.11EFFECTIVE DATE.This section is effective retroactively from April 2, 2010.
Sec. 102. CUSTOMER SERVICE.
79.13(a) The commissioner of employment and economic development, in consultation
79.14with workforce service area staff, must, as soon as practical, develop and implement
79.15processes and procedures to ensure that unemployed Minnesotans who go to a workforce
79.16center are provided, to the fullest extent possible, seamless assistance in applying for
79.17unemployment benefits, accessing resource room resources, searching for jobs, accessing
79.18training and other services available to unemployed workers, and receiving answers to
79.19questions about unemployment insurance.
79.20(b) The actions taken to comply with paragraph (a) must include, at a minimum,
79.21the implementation of a procedure by which unemployed Minnesotans may receive, at
79.22their option, face-to-face consultation and assistance in their local workforce center on
79.23applying for unemployment benefits, accessing resource room resources, searching for
79.24jobs, accessing training and other services available to unemployed workers, and receiving
79.25answers to questions about unemployment insurance.
79.26(c) The commissioner is authorized and encouraged to maximize the use of existing
79.27employees and federal dollars to accomplish paragraph (a), including, but not limited to,
79.28paying portions of existing employees' salaries from more than one source of funding,
79.29ensuring that employees are cross-trained to perform functions beyond that required by
79.30paragraph (b) when such employees are stationed in workforce centers, and implementing
79.31need-based scheduling of employees to ensure that each workforce center is adequately
79.32staffed during peak demand hours for the services contemplated by paragraph (a).
79.33(d) By September 1, 2010, the commissioner must provide an initial written report to
79.34the chairs and ranking minority members of the standing committees of the senate and
80.1house of representatives having jurisdiction over economic and workforce development
80.2issues on the actions taken under paragraph (a) and the result of those actions. The report
80.3must include detailed information on new additional resources provided by the department
80.4to ensure that the issues in paragraph (a) are addressed. A second report with updated
80.5information must be provided to the chairs and ranking minority members of the standing
80.6committees of the senate and house of representatives having jurisdiction over economic
80.7and workforce development issues by January 15, 2011.
80.8EFFECTIVE DATE.This section is effective the day following final enactment
80.9and expires August 31, 2011.
Sec. 103. WORKFORCE SERVICES REPORT AND RECOMMENDATIONS.
80.11By January 15, 2011, the governor's Workforce Development Council executive
80.12committee shall submit a report to the senate and house of representatives committees
80.13with jurisdiction over workforce development programs on the performance and outcomes
80.14of the workforce centers, as required by Minnesota Statutes, section 116L.665, subdivision
80.154. This report must contain recommendations for an ongoing process to identify local gaps
80.16in workforce services and ways to fill the gaps. The Department of Employment and
80.17Economic Development and the workforce councils should be included in the process
80.18for identifying service gaps. The governor's Workforce Development Council executive
80.19committee must submit draft-guiding principles to the legislature for review and feedback
80.20by August 12, 2010.
Sec. 104. DEPARTMENT OF EMPLOYMENT AND ECONOMIC
80.22DEVELOPMENT BLOCK GRANT REPORT.
80.23The commissioner of employment and economic development shall study and
80.24report to the chairs and ranking minority members of the house of representatives and
80.25senate committees having jurisdiction over economic development and workforce issues
80.26on the use of block grant funding to be administered by the Workforce Development
80.27Division and the Business and Community Development Division. The report must
80.28include recommendations for the use of block grant funding including goals, grant award
80.29criteria, RFP procedures, priorities for target populations and the services to be provided,
80.30and inclusion of all pass-through grants administered by the department including those
80.31receiving direct state appropriations. The recommendations must contain specific
80.32proposals on providing grant oversight, evaluation, and administration of allocated funds
80.33in order to maximize services to target populations.
Sec. 105. STUDY OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND
81.2GENERAL FUND REVENUE ACCOUNT.
81.3(a) The Carlson School of Management at the University of Minnesota is requested
81.5(1) the feasibility of dividing the state's general fund revenue account among
81.6community financial institutions and transferring the state's major and minor accounts to
81.7community financial institutions in order to ensure that state money benefits Minnesota
81.9(2) the potential economic benefit of transferring all major and minor accounts
81.10to community financial institutions; and
81.11(3) the potential economic benefit to governmental entities as defined by Minnesota
81.12Statutes, section 118A.01, subdivision 2, from an increase in their use of community
81.13financial institutions as defined in clause (1).
81.14(b) The results of the study must be reported to the legislature by December 1, 2010.
81.15For purposes of this section, "community financial institution" means a federally
81.16insured bank or credit union, chartered as a bank or credit union by the state of
81.17Minnesota or the United States, that is headquartered in Minnesota and has no more than
81.18$2,500,000,000 in assets.
Sec. 106. COMPARATIVE STUDY OF STATE REGULATION AFFECTING
81.20SMALL BUSINESS START-UPS.
81.21(a) The Legislative Coordinating Commission must apply to the University of
81.22Minnesota Carlson School of Business or another grant-making organization for a grant to
81.23fund or conduct a comparative study of the effects of state regulation on the cost and delay
81.24required to start a typical small business in Minnesota and Wisconsin.
81.25(b) The study must examine the typical cost and delay required by state regulation in
81.26the two states to start a typical small services business, small retail business, and small
81.27manufacturing business. Within each of those three categories, the study must choose a
81.28specific type of business and follow the start-up process in the two states from beginning
81.29to end, including formation, financing, licensing, permits, reporting requirements,
81.30employment laws, and state and local taxes, including special tax provisions that affect the
81.31business' ability to start operations. The study must result in a written report submitted to
81.32the Legislative Coordinating Commission no later than December 1, 2011.
81.33(c) The Legislative Coordinating Commission shall request proposals and choose
81.34the recipient of the grant from among higher education institutions that have a graduate
81.35program in business, business administration, or a similar field. The Legislative
82.1Coordinating Commission shall periodically monitor the recipient's progress on the study
82.2and written report. The Legislative Coordinating Commission shall submit the written
82.3report as a report to the legislature in compliance with Minnesota Statutes, sections 3.195
82.5(d) If a grant is not received for the comparative study, the Legislative Coordinating
82.6Commission is not responsible for any of the tasks under this section.
Sec. 107. VACATION PAY AND UNEMPLOYMENT BENEFITS.
82.8An individual who received unemployment benefits in 2009 shall not be determined
82.9overpaid under Minnesota Statutes, section 268.18, subdivision 1, because of receipt of
82.10vacation pay in 2009 which was earned in 2008 under a collective bargaining agreement
82.11with an employer that had layoffs in May 2009 of over 400 workers.
82.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 108. GRANT AGREEMENT.
82.14The 2008 Producer Grant and Loan Fund Grant Agreement between the state of
82.15Minnesota acting through the office of the commissioner of Iron Range resources and
82.16rehabilitation and St. Louis County for "The Pike River Road Project" and "St. Louis
82.17County Maintenance Garage Project" shall remain in effect until the project is completed
82.18and all obligations set forth in the agreement have been satisfactorily fulfilled.
82.19EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 109. APPROPRIATION.
82.21$107,000 is appropriated from the general fund in fiscal year 2011 to the Minnesota
82.22Science and Technology Authority for the purposes of Minnesota Statutes, chapter 116W.
Sec. 110. TRANSFER.
82.24The commissioner of management and budget must transfer any remaining balance
82.25of the appropriation made in Laws 2009, chapter 78, article 1, section 3, subdivision 2,
82.26paragraph (g), to the Minnesota Science and Technology Authority.
Sec. 111. REVISOR'S INSTRUCTION.
82.28In Minnesota Rules, the revisor of statutes shall change all references to Minnesota
82.29Rules, part 1350.8300, to Minnesota Statutes, section 327B.04.
Sec. 112. REPEALER.
83.2(a) Minnesota Statutes 2008, sections 326B.133, subdivisions 9 and 10; 326B.37,
83.3subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56, subdivision 3; 326B.885,
83.4subdivisions 3 and 4; 326B.976; 327.32, subdivision 4; and 327C.07, subdivisions 3a
83.5and 8, are repealed.
83.6(b) Minnesota Statutes 2009 Supplement, sections 326B.56, subdivision 4; and
83.7326B.986, subdivision 2, are repealed.
83.8(c) Minnesota Rules, parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, and 4;
83.91350.7200, subpart 3; and 1350.8000, subpart 2, are repealed.
83.10(d) Minnesota Statutes 2008, section 116J.657, is repealed.
83.11EFFECTIVE DATE.Paragraphs (a) to (c) are effective January 1, 2012, except
83.12that the repeal of Minnesota Statutes, sections 327.32, subdivision 4, and 327C.07,
83.13subdivisions 3a and 8, are effective August 1, 2010. Paragraph (d) is effective July 1, 2010.
Sec. 113. EFFECTIVE DATE.
83.15(a) Sections 30 to 81 and 93 to 97 are effective January 1, 2012.
83.16(b) Sections 10 to 19, 100, and 109 are effective July 1, 2010.