Minnesota Legislature
SF 887
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/29/2011 10:46am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to economic development; modifying certain economic development,
1.3fees, and licensing provisions; modifying certain occupational continuing
1.4education requirements; clarifying and modifying regulation of medical gas
1.5system and manufactured home provisions; requiring reports; appropriating
1.6money for jobs, economic development, and housing purposes;amending
1.7Minnesota Statutes 2010, sections 116J.035, by adding a subdivision; 116J.8737,
1.8subdivisions 1, 2, 4; 116L.3625; 116L.62; 154.06; 154.065, subdivision 2;
1.9154.08; 154.11, subdivision 1; 154.12; 181.723, subdivision 5; 182.6553,
1.10subdivision 6; 268.18, subdivisions 2, 2b; 268.199; 298.17; 326B.04, subdivision
1.112; 326B.091; 326B.098; 326B.13, subdivision 8; 326B.148, subdivision 1;
1.12326B.42, subdivisions 8, 9, 10, by adding subdivisions; 326B.435, subdivision
1.132; 326B.438; 326B.46, subdivisions 1a, 1b, 2, 3; 326B.47, subdivisions 1, 3;
1.14326B.49, subdivision 1; 326B.56, subdivision 1; 326B.58; 326B.82, subdivisions
1.152, 3, 7, 9; 326B.821, subdivisions 1, 5, 5a, 6, 7, 8, 9, 10, 11, 12, 15, 16, 18, 19,
1.1620, 22, 23; 326B.865; 326B.89, subdivisions 6, 8; 327.32, subdivisions 1a, 1b,
1.171e, 1f, 7; 327.33, subdivision 2; 327C.095, subdivision 12; 341.321; Laws 2009,
1.18chapter 78, article 1, section 18; proposing coding for new law in Minnesota
1.19Statutes, chapter 326B; repealing Minnesota Statutes 2010, sections 326B.82,
1.20subdivisions 4, 6; 326B.821, subdivision 3.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.26 The amounts shown in this section summarize direct appropriations, by fund, made
1.27in this article.
2.4 The sums shown in the columns marked "Appropriations" are appropriated to the
2.5agencies and for the purposes specified in this article. The appropriations are from the
2.6general fund, or another named fund, and are available for the fiscal years indicated
2.7for each purpose. The figures "2012" and "2013" used in this article mean that the
2.8appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.9June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.10year 2013. "The biennium" is fiscal years 2012 and 2013.
2.24The amounts that may be spent for each
2.25purpose are specified in the following
2.26subdivisions.
2.34(a) $700,000 the first year and $700,000 the
2.35second year are from the remediation fund for
2.36contaminated site cleanup and development
3.1grants under Minnesota Statutes, section
3.2116J.554. This appropriation is available
3.3until expended.
3.4(b) $970,000 the first year and $970,000 the
3.5second year are from the general fund for
3.6contaminated site cleanup and development
3.7grants under Minnesota Statutes, section
3.8116J.554.
3.9(c) $1,086,000 the first year and $1,086,000
3.10the second year are from the general fund for
3.11the Minnesota Trade Office.
3.12(d) $150,000 each year is from the general
3.13fund for a grant to WomenVenture for
3.14women's business development programs
3.15and for programs that encourage and assist
3.16women to enter nontraditional careers in the
3.17trades; manual and technical occupations;
3.18science, technology, engineering, and
3.19mathematics-related occupations; and green
3.20jobs. This appropriation may be matched
3.21dollar for dollar with any resources available
3.22from the federal government for these
3.23purposes with priority given to initiatives
3.24that have a goal of increasing by at least ten
3.25percent the number of women in occupations
3.26where women currently comprise less than
3.2725 percent of the workforce.
3.28(e) $75,000 each year is from the general
3.29fund and $40,000 each year is from the
3.30workforce development fund for a grant to
3.31the Metropolitan Economic Development
3.32Association for continuing minority business
3.33development programs in the metropolitan
3.34area. This appropriation must be used for the
3.35sole purpose of providing free or reduced
4.1fee business consulting services to minority
4.2entrepreneurs and contractors.
4.3(f)(1) $425,000 the first year is a onetime
4.4appropriation from the general fund for a
4.5grant to BioBusiness Alliance of Minnesota
4.6for bioscience business development
4.7programs to promote and position the state
4.8as a global leader in bioscience business
4.9activities. These funds may be used to create,
4.10recruit, retain, and expand biobusiness
4.11activity in Minnesota; implement the
4.12destination 2025 statewide plan; update
4.13a statewide assessment of the bioscience
4.14industry and the competitive position of
4.15Minnesota-based bioscience businesses
4.16relative to other states and other nations;
4.17and develop and implement business and
4.18scenario-planning models to create, recruit,
4.19retain, and expand biobusiness activity in
4.20Minnesota.
4.21(2) The BioBusiness Alliance must report
4.22each year by February 15 to the committees
4.23of the house of representatives and the senate
4.24having jurisdiction over bioscience industry
4.25activity in Minnesota on the use of funds;
4.26the number of bioscience businesses and
4.27jobs created, recruited, retained, or expanded
4.28in the state since the last reporting period;
4.29the competitive position of the biobusiness
4.30industry; and utilization rates and results of
4.31the business and scenario-planning models
4.32and outcomes resulting from utilization of
4.33the business and scenario-planning models.
4.34(g) $50,000 the first year is from the general
4.35fund for a grant to the Minnesota Inventors
5.1Congress, of which at least $5,000 must be
5.2used for youth inventors. This is a onetime
5.3appropriation.
5.4(h)(1) $90,000 each year is from the
5.5workforce development fund for a grant
5.6under Minnesota Statutes, section 116J.421,
5.7to the Rural Policy and Development
5.8Center at St. Peter, Minnesota. The grant
5.9shall be used for research and policy
5.10analysis on emerging economic and social
5.11issues in rural Minnesota, to serve as a
5.12policy resource center for rural Minnesota
5.13communities, to encourage collaboration
5.14across higher education institutions, to
5.15provide interdisciplinary team approaches
5.16to research and problem-solving in rural
5.17communities, and to administer overall
5.18operations of the center.
5.19(2) The grant shall be provided upon the
5.20condition that each state-appropriated
5.21dollar be matched with a nonstate dollar.
5.22Acceptable matching funds are nonstate
5.23contributions that the center has received and
5.24have not been used to match previous state
5.25grants. Any funds not spent the first year are
5.26available the second year.
5.27(i)(1) $150,000 each year is appropriated
5.28from the workforce development fund for
5.29grants of $50,000 to eligible organizations
5.30each year to assist in the development of
5.31entrepreneurs and small businesses. Each
5.32state grant dollar must be matched with $1
5.33of nonstate funds. Any balance in the first
5.34year does not cancel but is available in the
5.35second year.
6.1(2) Three grants must be awarded to
6.2continue or to develop a program. One
6.3grant must be awarded to the Riverbend
6.4Center for Entrepreneurial Facilitation
6.5in Blue Earth County, and two to other
6.6organizations serving Faribault and Martin
6.7Counties. Grant recipients must report to the
6.8commissioner by February 1 of each year
6.9that the organization receives a grant with the
6.10number of customers served; the number of
6.11businesses started, stabilized, or expanded;
6.12the number of jobs created and retained; and
6.13business success rates. The commissioner
6.14must report to the house of representatives
6.15and senate committees with jurisdiction
6.16over economic development finance on the
6.17effectiveness of these programs for assisting
6.18in the development of entrepreneurs and
6.19small businesses.
6.20(j) $1,000,000 the first year is from the
6.21general fund for the Minnesota Investment
6.22Fund under Minnesota Statutes, section
6.23116J.8731. The appropriation is available
6.24until spent. This is a onetime appropriation
6.25and is not added to the agency's base.
6.26(k) $750,000 the first year is from the general
6.27fund for the redevelopment account under
6.28Minnesota Statutes, section 116J.571. This
6.29is a onetime appropriation and is available
6.30until spent.
7.1(a) $3,728,000 each year is from the general
7.2fund for the Minnesota job skills partnership
7.3program under Minnesota Statutes, sections
7.4116L.01 to 116L.17. If the appropriation for
7.5either year is insufficient, the appropriation
7.6for the other year is available. This
7.7appropriation is available until spent.
7.8(b) $10,800,000 each year is from the general
7.9fund for the state's vocational rehabilitation
7.10program under Minnesota Statutes, chapter
7.11268A.
7.12(c) $5,928,000 each year is from the general
7.13fund for the state services for the blind
7.14activities.
7.15(d) $2,150,000 each year is from the general
7.16fund for grants to centers for independent
7.17living under Minnesota Statutes, section
7.18268A.11.
7.19(e) $315,000 each year is from the general
7.20fund and $105,000 each year is from the
7.21workforce development fund for a grant
7.22under Minnesota Statutes, section 116J.8747,
7.23to Twin Cities RISE! to provide training to
7.24hard-to-train individuals. Funds unexpended
7.25in the first year are available for expenditure
7.26in the second year.
7.27(f) $100,000 each year is from the general
7.28fund for a grant to Northern Connections
7.29in Perham to implement and operate a
7.30workforce program that provides one-stop
7.31supportive services to individuals as they
7.32transition into the workforce.
7.33(g) $5,091,000 each year is from the general
7.34fund and $6,527,000 each year is from the
7.35workforce development fund for extended
8.1employment services for persons with severe
8.2disabilities or related conditions under
8.3Minnesota Statutes, section 268A.15. Of
8.4the general fund appropriation, $125,000
8.5each year is to supplement funds paid for
8.6wage incentives for the community support
8.7fund established in Minnesota Rules, part
8.83300.2045.
8.9(h) $1,479,000 each year is from the general
8.10fund for grants to programs that provide
8.11employment support services to persons with
8.12mental illness under Minnesota Statutes,
8.13sections 268A.13 and 268A.14. Grants
8.14may be used for special projects for young
8.15people with mental illness transitioning from
8.16school to work and people with serious
8.17mental illness receiving services through
8.18a mental health court or civil commitment
8.19court. Special projects must demonstrate
8.20interagency collaboration.
8.21(i) $135,000 each year is from the general
8.22fund and $163,000 each year is from the
8.23workforce development fund for a grant
8.24under Minnesota Statutes, section 268A.03,
8.25to Rise, Inc. for the Minnesota Employment
8.26Center for People Who are Deaf or Hard of
8.27Hearing. Money not expended the first year
8.28is available the second year.
8.29(j) $80,000 each year is from the general fund
8.30and $160,000 each year is from the workforce
8.31development fund for a grant to Lifetrack
8.32Resources for its immigrant and refugee
8.33collaborative program, including those
8.34related to job-seeking skills and workplace
8.35orientation, intensive job development,
9.1functional work English, and on-site job
9.2coaching. This appropriation may also be
9.3used in Rochester.
9.4(k) $1,100,000 each year is from the
9.5workforce development fund for the
9.6Opportunities Industrialization Center
9.7programs. The OIC state council must
9.8not be colocated with the Department of
9.9Employment and Economic Development.
9.10(l) $2,450,000 the first year is a onetime
9.11appropriation from the workforce
9.12development fund for the Minnesota youth
9.13program under Minnesota Statutes, sections
9.14116L.56 and 116L.561.
9.15(m) $630,000 the first year is a onetime
9.16appropriation from the workforce
9.17development fund for grants for the
9.18Minneapolis summer youth employment
9.19program. The commissioner shall establish
9.20criteria for awarding the grant.
9.21Of this appropriation, 25 percent is for a grant
9.22to the Minneapolis learn-to-earn summer
9.23youth employment program.
9.24(n) $750,000 the first year is a onetime
9.25appropriation from the workforce
9.26development fund for a grant to the
9.27Minnesota Alliance of Boys and Girls
9.28Clubs to administer a statewide project
9.29of youth jobs skills development. This
9.30project, which may have career guidance
9.31components, including health and life skills,
9.32is to encourage, train, and assist youth in
9.33job-seeking skills, workplace orientation,
9.34and job-site knowledge through coaching.
9.35This grant requires a 25 percent match
10.1from nonstate resources. The Alliance may
10.2work collaboratively with the Minneapolis
10.3Park Board for summer youth employment
10.4programming.
10.5(o) $391,000 the first year is a onetime
10.6appropriation from the workforce
10.7development fund for grants to fund summer
10.8youth employment in St. Paul. The
10.9commissioner shall establish criteria for
10.10awarding the grant.
10.11(p) $700,000 the first year is a onetime
10.12appropriation from the workforce
10.13development fund for the youthbuild
10.14program under Minnesota Statutes, sections
10.15116L.361 to 116L.366.
10.16(q) $238,000 the first year is a onetime
10.17appropriation from the workforce
10.18development fund for grants to provide
10.19interpreters for a regional transition program
10.20that specializes in providing culturally
10.21appropriate transition services leading to
10.22employment for deaf, hard-of-hearing, and
10.23deafblind students.
10.24(r) $5,159,000 the second year is from
10.25the workforce development fund for the
10.26youth workforce development competitive
10.27grant pilot program. The commissioner
10.28shall develop and implement a competitive
10.29grant program to provide workforce
10.30training services to youth in Minnesota.
10.31Of this amount, up to five percent is for
10.32administering and monitoring this program.
10.33The commissioner shall report by October
10.3415, 2011, to the standing committees of the
10.35senate and house of representatives having
11.1jurisdiction over workforce development
11.2issues on program parameters and criteria
11.3developed for the competitive grants under
11.4this paragraph. This appropriation is added
11.5to the agency's base.
11.9The amounts that may be spent for each
11.10purpose are specified in the following
11.11subdivisions.
11.12This appropriation is for transfer to the
11.13housing development fund for the programs
11.14specified. Except as otherwise indicated, this
11.15transfer is part of the agency's permanent
11.16budget base.
11.18For the economic development and housing
11.19challenge program under Minnesota
11.20Statutes, section 462A.33. Of this amount,
11.21$1,208,000 each year shall be made available
11.22during the first eight months of the fiscal
11.23year exclusively for housing projects for
11.24American Indians. Any funds not committed
11.25to housing projects for American Indians in
11.26the first eight months of the fiscal year shall
11.27be available for any eligible activity under
11.28Minnesota Statutes, section 462A.33.
11.30For deposit in the housing trust fund account,
11.31for the purposes provided under Minnesota
11.32Statutes, section 462A.201.
12.1For the rental housing assistance program for
12.2persons with a mental illness or families with
12.3an adult member with a mental illness under
12.4Minnesota Statutes, section462A.2097 .
12.6For the family homeless prevention and
12.7assistance programs under Minnesota
12.8Statutes, section462A.204 .
12.10For the home ownership assistance program
12.11under Minnesota Statutes, section 462A.21,
12.12subdivision 8. The annual interest rate on
12.13loans provided under Minnesota Statutes,
12.14section 462A.21, subdivision 8, must equal
12.15two percent.
12.17(a) For the affordable rental investment fund
12.18program under Minnesota Statutes, section
12.19462A.21, subdivision 8b . The appropriation
12.20is to finance the acquisition, rehabilitation,
12.21and debt restructuring of federally assisted
12.22rental property and for making equity
12.23take-out loans under Minnesota Statutes,
12.24section 462A.05, subdivision 39.
12.25(b) The owner of federally assisted rental
12.26property must agree to participate in
12.27the applicable federally assisted housing
12.28program and to extend any existing
12.29low-income affordability restrictions on the
12.30housing for the maximum term permitted.
12.31The owner must also enter into an agreement
12.32that gives local units of government,
12.33housing and redevelopment authorities,
12.34and nonprofit housing organizations the
13.1right of first refusal if the rental property
13.2is offered for sale. Priority must be given
13.3among comparable federally assisted rental
13.4properties to properties with the longest
13.5remaining term under an agreement for
13.6federal assistance. Priority must also be
13.7given among comparable rental housing
13.8developments to developments that are or
13.9will be owned by local government units, a
13.10housing and redevelopment authority, or a
13.11nonprofit housing organization.
13.12(c) The appropriation also may be used to
13.13finance the acquisition, rehabilitation, and
13.14debt restructuring of existing supportive
13.15housing properties. For purposes of this
13.16subdivision, "supportive housing" means
13.17affordable rental housing with links to
13.18services necessary for individuals, youth, and
13.19families with children to maintain housing
13.20stability.
13.22For the housing rehabilitation program
13.23under Minnesota Statutes, section462A.05 ,
13.24subdivision 14, for rental housing
13.25developments.
13.28For the homeownership education,
13.29counseling, and training program under
13.30Minnesota Statutes, section462A.209 .
13.31Notwithstanding Minnesota Statutes, section
13.32462A.209, subdivision 7, paragraph (b),
13.33more than one-half of the funds awarded
13.34for foreclosure prevention and assistance
14.1activities may be used for mortgage or
14.2financial counseling services.
14.4For nonprofit capacity-building grants
14.5under Minnesota Statutes, section 462A.21,
14.6subdivision 3b.
14.17The amounts that may be spent for each
14.18purpose are specified in the following
14.19subdivisions.
14.21This appropriation is from the workers'
14.22compensation fund.
14.23$200,000 each year is for grants to the
14.24Vinland Center for rehabilitation services.
14.25Grants shall be distributed as the department
14.26refers injured workers to the Vinland Center
14.27for rehabilitation services.
14.33$657,000 each year is appropriated from
14.34the workforce development fund for the
15.1apprenticeship program under Minnesota
15.2Statutes, chapter 178.
15.4This appropriation is from the workers'
15.5compensation fund.
15.9The amounts that may be spent for each
15.10purpose are specified in the following
15.11subdivisions.
15.15$54,000 each year is for grants to area labor
15.16management committees. Grants may be
15.17awarded for a 12-month period beginning
15.18July 1 each year. Any unencumbered balance
15.19remaining at the end of the first year does not
15.20cancel but is available for the second year.
15.23This appropriation is from the workers'
15.24compensation fund.
16.3This is a onetime appropriation.
16.5Prior to June 30, 2012, the commissioner
16.6of iron range resources shall transfer
16.7$60,000,000 from the Douglas J. Johnson
16.8Economic Protection Trust to the general
16.9fund. This is a onetime transfer.
16.10The unexpended balance, estimated to
16.11be $1,575,000, of funds collected for
16.12unemployment insurance state administration
16.13under Minnesota Statutes, section 268.18,
16.14subdivision 2, is transferred to the general
16.15fund.
16.18 Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
16.19subdivision to read:
16.20 Subd. 7. Monitoring pass-through grant recipients. The commissioner shall
16.21monitor the activities and outcomes of programs and services funded by legislative
16.22appropriations and administered by the department on a pass-through basis. Unless
16.23amounts are otherwise appropriated for administrative costs, the commissioner may
16.24retain up to five percent of the amount appropriated to the department for grants to
16.25pass-through entities. Amounts retained are deposited to a special revenue account and
16.26are appropriated to the commissioner for costs incurred in administering and monitoring
16.27the pass-through grants.
16.28 Sec. 2. Minnesota Statutes 2010, section 116J.8737, subdivision 1, is amended to read:
16.29 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
16.30have the meanings given.
16.31(b) "Qualified small business" means a business that has been certified by the
16.32commissioner under subdivision 2.
17.1(c) "Qualified investor" means an investor who has been certified by the
17.2commissioner under subdivision 3.
17.3(d) "Qualified fund" means a pooled angel investment network fund that has been
17.4certified by the commissioner under subdivision 4.
17.5(e) "Qualified investment" means a cash investment in a qualified small business
17.6of a minimum of:
17.7(1) $10,000 in a calendar year by a qualified investor; or
17.8(2) $30,000 in a calendar year by a qualified fund.
17.9A qualified investment must be made in exchange for common stock, a partnership
17.10or membership interest, preferred stock, debt with mandatory conversion to equity, or an
17.11equivalent ownership interest as determined by the commissioner.
17.12(f) "Family" means a family member within the meaning of the Internal Revenue
17.13Code, section 267(c)(4).
17.14(g) "Pass-through entity" means a corporation that for the applicable taxable year is
17.15treated as an S corporation or a general partnership, limited partnership, limited liability
17.16partnership, trust, or limited liability company and which for the applicable taxable year is
17.17not taxed as a corporation under chapter 290.
17.18(h) "Intern" means a student of an accredited institution of higher education, or a
17.19former student who has graduated in the past six months from an accredited institution
17.20of higher education, who is employed by a qualified small business in a nonpermanent
17.21position for a duration of nine months or less that provides training and experience in the
17.22primary business activity of the business.
17.23EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.
17.24 Sec. 3. Minnesota Statutes 2010, section 116J.8737, subdivision 2, is amended to read:
17.25 Subd. 2. Certification of qualified small businesses. (a) Businesses may apply
17.26to the commissioner for certification as a qualified small business for a calendar year.
17.27The application must be in the form and be made under the procedures specified by the
17.28commissioner, accompanied by an application fee of $150. Application fees are deposited
17.29in the small business investment tax credit administration account in the special revenue
17.30fund. The application for certification for 2010 must be made available on the department's
17.31Web site by August 1, 2010. Applications for subsequent years' certification must be made
17.32available on the department's Web site by November 1 of the preceding year.
17.33(b) Within 30 days of receiving an application for certification under this subdivision,
17.34the commissioner must either certify the business as satisfying the conditions required of a
17.35qualified small business, request additional information from the business, or reject the
18.1application for certification. If the commissioner requests additional information from the
18.2business, the commissioner must either certify the business or reject the application within
18.330 days of receiving the additional information. If the commissioner neither certifies the
18.4business nor rejects the application within 30 days of receiving the original application or
18.5within 30 days of receiving the additional information requested, whichever is later, then
18.6the application is deemed rejected, and the commissioner must refund the $150 application
18.7fee. A business that applies for certification and is rejected may reapply.
18.8(c) To receive certification, a business must satisfy all of the following conditions:
18.9(1) the business has its headquarters in Minnesota;
18.10(2) at least 51 percent of the business's employees are employed in Minnesota, and
18.1151 percent of the business's total payroll is paid or incurred in the state;
18.12(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
18.13in one of the following as its primary business activity:
18.14(i) using proprietary technology to add value to a product, process, or service in a
18.15qualified high-technology field;
18.16(ii) researching or developing a proprietary product, process, or service in a qualified
18.17high-technology field; or
18.18(iii) researching, developing, or producing a new proprietary technology for use in
18.19the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;
18.20(4) other than the activities specifically listed in clause (3), the business is not
18.21engaged in real estate development, insurance, banking, lending, lobbying, political
18.22consulting, information technology consulting, wholesale or retail trade, leisure,
18.23hospitality, transportation, construction, ethanol production from corn, or professional
18.24services provided by attorneys, accountants, business consultants, physicians, or health
18.25care consultants;
18.26(5) the business has fewer than 25 employees;
18.27(6) the business must pay its employees annual wages of at least 175 percent of the
18.28federal poverty guideline for the year for a family of four and must pay its interns annual
18.29wages of at least 175 percent of the federal minimum wage used for federally covered
18.30employers, except that this requirement must be reduced proportionately for employees
18.31and interns who work less than full-time, and does not apply to an executive, officer, or
18.32member of the board of the business, or to any employee who owns, controls, or holds
18.33power to vote more than 20 percent of the outstanding securities of the business;
18.34(7) the business has not been in operation for more than ten years;
18.35(8) the business has not previously received private equity investments of more
18.36than$2,000,000 $4,000,000; and
19.1 (9) the business is not an entity disqualified under section80A.50 , paragraph (b),
19.2clause (3).
19.3(d) In applying the limit under paragraph (c), clause (5), the employees in all
19.4members of the unitary business, as defined in section290.17, subdivision 4 , must be
19.5included.
19.6(e) In order for a qualified investment in a business to be eligible for tax credits, the
19.7business must have applied for and received certification for the calendar year in which
19.8the investment was made prior to the date on which the qualified investment was made.
19.9(f) The commissioner must maintain a list of businesses certified under this
19.10subdivision for the calendar year and make the list accessible to the public on the
19.11department's Web site.
19.12(g) For purposes of this subdivision, the following terms have the meanings given:
19.13(1) "qualified high-technology field" includes aerospace, agricultural processing,
19.14renewable energy, energy efficiency and conservation, environmental engineering, food
19.15technology, cellulosic ethanol, information technology, materials science technology,
19.16nanotechnology, telecommunications, biotechnology, medical device products,
19.17pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
19.18fields; and
19.19(2) "proprietary technology" means the technical innovations that are unique and
19.20legally owned or licensed by a business and includes, without limitation, those innovations
19.21that are patented, patent pending, a subject of trade secrets, or copyrighted.
19.22EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.
19.23 Sec. 4. Minnesota Statutes 2010, section 116J.8737, subdivision 4, is amended to read:
19.24 Subd. 4. Certification of qualified funds. (a) A pass-through entity may apply to
19.25the commissioner for certification as a qualified fund for a calendar year. The application
19.26must be in the form and be made under the procedures specified by the commissioner,
19.27accompanied by an application fee of $1,000. Application fees are deposited in the small
19.28business investment tax credit administration account in the special revenue fund. The
19.29application for certification for 2010 of qualified funds must be made available on the
19.30department's Web site by August 1, 2010. Applications for subsequent years' certification
19.31must be made available by November 1 of the preceding year.
19.32(b) Within 30 days of receiving an application for certification under this subdivision,
19.33the commissioner must either certify the fund as satisfying the conditions required of a
19.34qualified fund, request additional information from the fund, or reject the application
19.35for certification. If the commissioner requests additional information from the fund,
20.1the commissioner must either certify the fund or reject the application within 30 days
20.2of receiving the additional information. If the commissioner neither certifies the fund
20.3nor rejects the application within 30 days of receiving the original application or within
20.430 days of receiving the additional information requested, whichever is later, then the
20.5application is deemed rejected, and the commissioner must refund the $1,000 application
20.6fee. A fund that applies for certification and is rejected may reapply.
20.7(c) To receive certification, a fund must:
20.8(1) invest or intend to invest in qualified small businesses;
20.9(2) be organized as a pass-through entity; and
20.10(3) have at least three separate investors,all of whom at least three whose investment
20.11is made in the certified business and who seek a tax credit allocation satisfy the conditions
20.12in subdivision 3, paragraph (c).
20.13(d) Investments in the fund may consist of equity investments or notes that pay
20.14interest or other fixed amounts, or any combination of both.
20.15(e) In order for a qualified investment in a qualified small business to be eligible for
20.16tax credits, a qualified fund that makes the investment must have applied for and received
20.17certification for the calendar year prior to making the qualified investment.
20.18EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.
20.19 Sec. 5. Minnesota Statutes 2010, section 116L.3625, is amended to read:
20.20116L.3625 ADMINISTRATIVE COSTS.
20.21The commissioner may use up to five percent of the biennial appropriation for
20.22Youthbuildfrom the general fund to pay costs incurred by the department in administering
20.23Youthbuild during the biennium.
20.24 Sec. 6. Minnesota Statutes 2010, section 116L.62, is amended to read:
20.25116L.62 DISTRIBUTION AND USE OF STATE MONEY.
20.26The commissioner shall distribute the money appropriated for:
20.27(a) comprehensive job training and related services or job opportunities programs
20.28for economically disadvantaged, unemployed, and underemployed individuals, including
20.29persons of limited English speaking ability, through opportunities industrialization
20.30centers; and
20.31(b) the establishment and operation in Minnesota of these centers.
21.1The commissioner may use up to five percent of the appropriation for opportunities
21.2industrialization center programs to pay costs incurred by the department in administering
21.3the programs.
21.4Comprehensive job training and related services include: recruitment, counseling,
21.5remediation, motivational prejob training, vocational training, job development, job
21.6placement, and other appropriate services enabling individuals to secure and retain
21.7employment at their maximum capacity.
21.8 Sec. 7. Minnesota Statutes 2010, section 154.06, is amended to read:
21.9154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
21.10REGISTERED APPRENTICE.
21.11 Subdivision 1. Qualifications; duration or registration. (a) A person is qualified
21.12to receive a certificate of registration as a registered apprentice:
21.13(1) who has completed at least ten grades of an approved school;
21.14(2) who has graduated from a barber school approved by the board; and
21.15(3) who has passed an examination conducted by the board to determine fitness to
21.16practice as a registered apprentice.
21.17(b) An applicant for a certificate of registration to practice as an apprentice who fails
21.18to pass the examination conducted by the board is required to complete a further course
21.19of study of at least 500 hours, of not more than eight hours in any one working day,
21.20in a barber school approved by the board.
21.21(c) A certificate of registration of an apprentice shall be valid for four years from the
21.22date the certificate of registration is issued by the board and shall not be renewed. During
21.23the four-year period the certificate of registration shall remain in full force and effect only
21.24if the apprentice complies with all the provisions of sections154.001 ,
154.002 ,
154.003 ,
21.25154.01
to
154.161 ,
154.19 to
154.21 , and
154.24 to
154.26 , including the payment of
21.26an annual fee, and the rules of the board.
21.27 Subd. 2. Limited extension of registration. (a) If a registered apprentice, during
21.28the term in which the certificate of registration is in effect, enters full-time active duty in
21.29the armed forces of the United States of America, the expiration date of the certificate
21.30of registration shall be extended by a period of time equal to the period or periods of
21.31active duty.
21.32(b) The expiration date of a certificate issued to a person while incarcerated shall be
21.33extended once so that it expires four years from the date of first release from a correctional
21.34facility after the person becomes a registered apprentice. This paragraph applies when a
21.35person graduates from a barber school approved by the board and is issued a certificate of
22.1registration while incarcerated by the Department of Corrections or the Federal Bureau
22.2of Prisons.
22.3 Sec. 8. Minnesota Statutes 2010, section 154.065, subdivision 2, is amended to read:
22.4 Subd. 2. Qualifications. A person is qualified to receive a certificate of registration
22.5as an instructor of barbering who:
22.6(1) is a graduate from an approved high school, or its equivalent, as determined by
22.7examination by the Department of Education;
22.8(2) hasqualified for a teacher's or instructor's vocational certificate; successfully
22.9completed instructor barber training from a board-approved program of not less than
22.1040 clock hours, or completed a college or university program resulting in a technical
22.11or vocational education certificate or its equivalent, issued by an accredited college or
22.12university and approved by the board;
22.13(3) is currently a registered barber in this state and has at least three years experience
22.14as a registered barber in this state, or its equivalent as determined by the board; and
22.15(4) has passed an examination conducted by the board to determine fitness to
22.16instruct in barbering.
22.17A certificate of registration under this section is provisional until a teacher's or
22.18instructor's vocational certificate has been issued by the Department of Education. A
22.19provisional certificate of registration is valid for 30 days and is not renewable.
22.20 Sec. 9. Minnesota Statutes 2010, section 154.08, is amended to read:
22.21154.08 APPLICATION; FEE.
22.22Each applicant for an examination shall:
22.23(1) make application to the Board of Barber Examiners on blank forms prepared and
22.24furnished by it, the application to contain proof under the applicant's oath of the particular
22.25qualifications and identity of the applicant;
22.26(2)furnish to the board two five-inch x three-inch signed photographs of the
22.27applicant, one to accompany the application and one to be returned to the applicant,
22.28to be presented to the board when the applicant appears for examination; present a
22.29government-issued picture identification as proof of identity when the applicant appears
22.30for examination; and
22.31(3) pay to the board the required fee.
22.32 Sec. 10. Minnesota Statutes 2010, section 154.11, subdivision 1, is amended to read:
23.1 Subdivision 1. Examination of nonresidents. A person who meets all of the
23.2requirements for barber registration in sections154.001 ,
154.002 ,
154.003 ,
154.01 to
23.3154.161
,
154.19 to
154.21 , and
154.24 to
154.26 and either has a license, certificate
23.4of registration, or an equivalent as a practicing barber or instructor of barbering from
23.5another state or country which in the discretion of the board has substantially the same
23.6requirements for registering barbers and instructors of barbering as required by sections
23.7154.001
,
154.002 ,
154.003 ,
154.01 to
154.161 ,
154.19 to
154.21 , and
154.24 to
154.26 or
23.8can prove by sworn affidavits practice as a barber or instructor of barbering in another
23.9state or country for at least five years immediately prior to making application in this state,
23.10shall, upon payment of the required fee, be issued a certificate of registration without
23.11examination, provided that the other state or country grants the same privileges to holders
23.12of Minnesota certificates of registration.
23.13 Sec. 11. Minnesota Statutes 2010, section 154.12, is amended to read:
23.14154.12 EXAMINATION OF NONRESIDENT APPRENTICES.
23.15A person who meets all of the requirements for registration as a barber in sections
23.16154.001
,
154.002 ,
154.003 ,
154.01 to
154.161 ,
154.19 to
154.21 , and
154.24 to
154.26 and
23.17who has a license, a certificate of registration, or its equivalent as an apprentice in a state
23.18or country which in the discretion of the board has substantially the same requirements for
23.19registration as an apprentice as is provided by sections154.001 ,
154.002 ,
154.003 ,
154.01
23.20to154.161 ,
154.19 to
154.21 , and
154.24 to
154.26 , shall, upon payment of the required
23.21fee, be issued a certificate of registration without examination, provided that the other state
23.22or country grants the same privileges to holders of Minnesota certificates of registration.
23.23 Sec. 12. Minnesota Statutes 2010, section 268.18, subdivision 2, is amended to read:
23.24 Subd. 2. Overpayment because of fraud. (a) Any applicant who receives
23.25unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose
23.26any material fact, or who makes a false statement or representation without a good faith
23.27belief as to the correctness of the statement or representation, has committed fraud. After
23.28the discovery of facts indicating fraud, the commissioner must make a determination
23.29that the applicant obtained unemployment benefits by fraud and that the applicant must
23.30promptly repay the unemployment benefits to the trust fund. In addition, the commissioner
23.31must assess a penalty equal to 40 percent of the amount fraudulently obtained. This
23.32penalty is in addition to penalties under section268.182 .
23.33 (b) Unless the applicant files an appeal within 20 calendar days after the sending
23.34of the determination of overpayment by fraud to the applicant by mail or electronic
24.1transmission, the determination is final. Proceedings on the appeal are conducted in
24.2accordance with section268.105 .
24.3 (c) If the applicant fails to repay the unemployment benefits, penalty, and interest
24.4assessed, the total due may be collected by the methods allowed under state and federal
24.5law. A determination of overpayment by fraud must state the methods of collection the
24.6commissioner may use to recover the overpayment. Money received in repayment of
24.7fraudulently obtained unemployment benefits, penalties, and interest is first applied to the
24.8unemployment benefits overpaid, then to the penalty amount due, then to any interest due.
24.962.5 percent of the Payments made toward the penalty are credited to the contingent
24.10accountand 37.5 percent credited to the administration account.
24.11 (d) If an applicant has been overpaid unemployment benefits under the law of
24.12another state because of fraud and that state certifies that the applicant is liable to repay
24.13the unemployment benefits and requests the commissioner to recover the overpayment,
24.14the commissioner may offset from future unemployment benefits otherwise payable the
24.15amount of overpayment.
24.16 (e) Unemployment benefits paid for weeks more than four years before the date of a
24.17determination of overpayment by fraud issued under this subdivision are not considered
24.18overpaid unemployment benefits.
24.19 Sec. 13. Minnesota Statutes 2010, section 268.18, subdivision 2b, is amended to read:
24.20 Subd. 2b. Interest. (a) On any unemployment benefits fraudulently obtained, and
24.21any penalty amounts assessed under subdivision 2, the commissioner must assess interest
24.22at the rate of 1-1/2 percent per month on any amount that remains unpaid beginning
24.2330 calendar days after the date of the determination of overpayment by fraud. A
24.24determination of overpayment by fraud must state that interest will be assessed.
24.25 (b) If the determination did not state that interest will be assessed, interest is assessed
24.26beginning 30 calendar days after notification, by mail or electronic transmission, to the
24.27applicant that interest is now assessed.
24.28 (c) Interest payments under this section are credited to theadministration contingent
24.29account.
24.30 Sec. 14. Minnesota Statutes 2010, section 268.199, is amended to read:
24.31268.199 CONTINGENT ACCOUNT.
24.32 (a) There is created in the state treasury a special account, to be known as the
24.33contingent account, that does not lapse nor revert to any other fund or account. This
24.34account consists of all money collected under this chapter that is required to be placed
25.1in this account and any interest earned on the account.All money in this account is
25.2appropriated and available for administration of the Minnesota unemployment insurance
25.3program unless otherwise appropriated by session law.
25.4 (b) All money in this account must be deposited, administered, and disbursed in the
25.5same manner and under the same conditions and requirements as is provided by law for
25.6the other special accounts in the state treasury.
25.7(c) Beginning in fiscal year 2012 and each fiscal year thereafter, all money in the
25.8account shall be transferred to the general fund before the closing of the fiscal year.
25.9 Sec. 15. Minnesota Statutes 2010, section 298.17, is amended to read:
25.10298.17 OCCUPATION TAXES TO BE APPORTIONED.
25.11All occupation taxes paid by persons, copartnerships, companies, joint stock
25.12companies, corporations, and associations, however or for whatever purpose organized,
25.13engaged in the business of mining or producing iron ore or other ores, when collected
25.14shall be apportioned and distributed in accordance with the Constitution of the state of
25.15Minnesota, article X, section 3, in the manner following: 90 percent shall be deposited
25.16in the state treasury and credited to the general fund of which four-ninths shall be used
25.17for the support of elementary and secondary schools; and ten percent of the proceeds of
25.18the tax imposed by this section shall be deposited in the state treasury and credited to the
25.19general fund for the general support of the university.Of the moneys apportioned to the
25.20general fund by this section there is annually appropriated and credited to the Iron Range
25.21Resources and Rehabilitation Board account in the special revenue fund an amount equal
25.22to that which would have been generated by a 1.5 cent tax imposed by section
298.24 on
25.23each taxable ton produced in the preceding calendar year, to be expended for the purposes
25.24of section
298.22. The money appropriated pursuant to this section shall be used (1)
25.25to provide environmental development grants to local governments located within any
25.26county in region 3 as defined in governor's executive order number 60, issued on June
25.2712, 1970, which does not contain a municipality qualifying pursuant to section
273.134,
25.28paragraph (b)
, or (2) to provide economic development loans or grants to businesses
25.29located within any such county, provided that the county board or an advisory group
25.30appointed by the county board to provide recommendations on economic development
25.31shall make recommendations to the Iron Range Resources and Rehabilitation Board
25.32regarding the loans. Payment to the Iron Range Resources and Rehabilitation Board
25.33account shall be made by May 15 annually.
25.34Of the money allocated to Koochiching County, one-third must be paid to the
25.35Koochiching County Economic Development Commission.
26.1 Sec. 16. Minnesota Statutes 2010, section 341.321, is amended to read:
26.2341.321 FEE SCHEDULE.
26.3 (a) The fee schedule for professional licenses issued by the commission is as follows:
26.4 (1) referees,$25 $45 for each initial license and each renewal;
26.5 (2) promoters, $400 for each initial license and each renewal;
26.6 (3) judges and knockdown judges,$25 $45 for each initial license and each renewal;
26.7 (4) trainers,$25 $45 for each initial license and each renewal;
26.8 (5) ring announcers,$25 $45 for each initial license and each renewal;
26.9 (6) seconds,$25 $45 for each initial license and each renewal;
26.10 (7) timekeepers,$25 $45 for each initial license and each renewal;
26.11 (8) combatants,$25 $45 for each initial license and each renewal;
26.12 (9) managers,$25 $45 for each initial license and each renewal; and
26.13 (10) ringside physicians,$25 $45 for each initial license and each renewal.
26.14In addition to the license fee and the late filing penalty fee in section341.32, subdivision
26.152, if applicable, an individual who applies for a combatant professional license on the
26.16same day the combative sporting event is held shall pay a late fee of $100 plus the original
26.17license fee of $45 at the time the application is submitted.
26.18 (b) The fee schedule for amateur licenses issued by the commission is as follows:
26.19 (1) referees,$10 $45 for each initial license and each renewal;
26.20 (2) promoters,$100 $400 for each initial license and each renewal;
26.21 (3) judges and knockdown judges,$10 $45 for each initial license and each renewal;
26.22 (4) trainers,$10 $45 for each initial license and each renewal;
26.23 (5) ring announcers,$10 $45 for each initial license and each renewal;
26.24 (6) seconds,$10 $45 for each initial license and each renewal;
26.25 (7) timekeepers,$10 $45 for each initial license and each renewal;
26.26 (8) combatant,$10 $25 for each initial license and each renewal;
26.27 (9) managers,$10 $45 for each initial license and each renewal; and
26.28 (10) ringside physicians,$10 $45 for each initial license and each renewal.
26.29 (c) The commission shall establish a contest fee for each combative sport contest.
26.30The professional combative sport contest fee is $1,500 per event or not more than four
26.31percent of the gross ticket sales, whichever is greater, as determined by the commission
26.32when the combative sport contest is scheduled, except that the amateur combative sport
26.33contest fee shall be$150 $500 or not more than four percent of the gross ticket sales,
26.34whichever is greater. The commission shall consider the size and type of venue when
26.35establishing a contest fee. The commission may establish the maximum number of
27.1complimentary tickets allowed for each event by rule.An A professional or amateur
27.2combative sport contest fee is nonrefundable.
27.3 (d) All fees and penalties collected by the commission must be deposited in the
27.4commission account in the special revenue fund.
27.5 Sec. 17. Laws 2009, chapter 78, article 1, section 18, is amended to read:
27.8This is a onetime appropriation. The
27.9Combative Sports Commission expires on
27.10July 1, 2011, unless the commissioner of
27.11finance determines that the commission's
27.12projected expenditures for the fiscal biennium
27.13ending June 30, 2013, will not exceed the
27.14commission's projected revenues for the
27.15fiscal biennium ending June 30, 2013, from
27.16fees and penalties authorized in Minnesota
27.17Statutes 2008, chapter 341.
27.20 Section 1. Minnesota Statutes 2010, section 181.723, subdivision 5, is amended to read:
27.21 Subd. 5. Application. To obtain an independent contractor exemption certificate,
27.22the individual must submit, in the manner prescribed by the commissioner, a complete
27.23application and the certificate fee required under subdivision 14.
27.24 (a) A complete application must include all of the following information:
27.25 (1) the individual's full name;
27.26 (2) the individual's residence address and telephone number;
27.27 (3) the individual's business name, address, and telephone number;
27.28 (4) the services for which the individual is seeking an independent contractor
27.29exemption certificate;
27.30 (5) the individual's Social Security number;
27.31 (6) the individual's or the individual's business federal employer identification
27.32number, if a number has been issued to the individual or the individual's business;
28.1 (7) any information or documentation that the commissioner requires by rule that
28.2will assist the department in determining whether to grant or deny the individual's
28.3application; and
28.4 (8) the individual's sworn statement that the individual meets all of the following
28.5conditions:
28.6 (i) maintains a separate business with the individual's own office, equipment,
28.7materials, and other facilities;
28.8 (ii) holds or has applied for a federal employer identification number or has filed
28.9business or self-employment income tax returns with the federal Internal Revenue Service
28.10if the person has performed services in the previous year for which the individual is
28.11seeking the independent contractor exemption certificate;
28.12 (iii) operates under contracts to perform specific services for specific amounts of
28.13money and under which the individual controls the means of performing the services;
28.14 (iv) incurs the main expenses related to the service that the individual performs
28.15under contract;
28.16 (v) is responsible for the satisfactory completion of services that the individual
28.17contracts to perform and is liable for a failure to complete the service;
28.18 (vi) receives compensation for service performed under a contract on a commission
28.19or per-job or competitive bid basis and not on any other basis;
28.20 (vii) may realize a profit or suffer a loss under contracts to perform service;
28.21 (viii) has continuing or recurring business liabilities or obligations; and
28.22 (ix) the success or failure of the individual's business depends on the relationship of
28.23business receipts to expenditures.
28.24 (b) Individuals who are applying for or renewing a residential building contractor or
28.25residential remodeler license under sections326B.197, 326B.802, 326B.805, 326B.81,
28.26326B.815, 326B.821 to
326B.86, 326B.87 to
326B.885 , and
327B.041 , and any rules
28.27promulgated pursuant thereto, may simultaneously apply for or renew an independent
28.28contractor exemption certificate. The commissioner shall create an application form
28.29that allows for the simultaneous application for both a residential building contractor
28.30or residential remodeler license and an independent contractor exemption certificate.
28.31If individuals simultaneously apply for or renew a residential building contractor or
28.32residential remodeler license and an independent contractor exemption certificate using
28.33the form created by the commissioner, individuals shall only be required to provide, in
28.34addition to the information required by section326B.83 and rules promulgated pursuant
28.35thereto, the sworn statement required by paragraph (a), clause (8), and any additional
28.36information required by this subdivision that is not also required by section326B.83
29.1and any rules promulgated thereto.When individuals submit a simultaneous application
29.2on the form created by the commissioner for both a residential building contractor or
29.3residential remodeler license and an independent contractor exemption certificate, the
29.4application fee shall be $150. An independent contractor exemption certificate that is in
29.5effect before March 1, 2009, shall remain in effect until March 1, 2013, unless revoked by
29.6the commissioner or canceled by the individual.
29.7 (c) Within 30 days of receiving a complete application and the certificate fee, the
29.8commissioner must either grant or deny the application. The commissioner may deny
29.9an application for an independent contractor exemption certificate if the individual has
29.10not submitted a complete application and certificate fee or if the individual does not
29.11meet all of the conditions for holding the independent contractor exemption certificate.
29.12The commissioner may revoke an independent contractor exemption certificate if the
29.13commissioner determines that the individual no longer meets all of the conditions for
29.14holding the independent contractor exemption certificate, commits any of the actions
29.15set out in subdivision 7, or fails to cooperate with a department investigation into the
29.16continued validity of the individual's certificate. Once issued, an independent contractor
29.17exemption certificate remains in effect for four years unless:
29.18 (1) revoked by the commissioner; or
29.19 (2) canceled by the individual.
29.20 (d) If the department denies an individual's original or renewal application for
29.21an independent contractor exemption certificate or revokes an independent contractor
29.22exemption certificate, the commissioner shall issue to the individual an order denying or
29.23revoking the certificate. The commissioner may issue an administrative penalty order to
29.24an individual or person who commits any of the actions set out in subdivision 7. The
29.25commissioner may file and enforce the unpaid portion of a penalty as a judgment in
29.26district court without further notice or additional proceedings.
29.27 (e) An individual or person to whom the commissioner issues an order under
29.28paragraph (d) shall have 30 days after service of the order to request a hearing. The
29.29request for hearing must be in writing and must be served on or faxed to the commissioner
29.30at the address or facsimile number specified in the order by the 30th day after service of
29.31the order. If the individual does not request a hearing or if the individual's request for a
29.32hearing is not served on or faxed to the commissioner by the 30th day after service of the
29.33order, the order shall become a final order of the commissioner and will not be subject to
29.34review by any court or agency. The date on which a request for hearing is served by mail
29.35shall be the postmark date on the envelope in which the request for hearing is mailed. If
30.1the individual serves or faxes a timely request for hearing, the hearing shall be a contested
30.2case hearing and shall be held in accordance with chapter 14.
30.3 Sec. 2. Minnesota Statutes 2010, section 182.6553, subdivision 6, is amended to read:
30.4 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
30.5section sections 182.66 and
182.661 . A violation of this section is subject to the penalties
30.6provided under section182.666 .
30.7 Sec. 3. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
30.8 Subd. 2. Deposits. Unless otherwise specifically designated by law: (1) all money
30.9collected under sections144.122 , paragraph (f);
181.723 ;
326B.092 to 326B.096;
30.10326B.101 to
326B.194 ;
326B.197 ;
326B.32 to
326B.399 ;
326B.43 to
326B.49 ;
326B.52
30.11to326B.59 ;
326B.802 to
326B.885 ;
326B.90 to
326B.998 ;
327.31 to
327.36 ; and
30.12327B.01
to
327B.12 , except penalties, is credited to the construction code fund; (2) all
30.13fees collected undersection
45.23
30.14continuing education forresidential contractors, residential remodelers, and residential
30.15roofers any license, registration, or certificate issued pursuant to this chapter are credited
30.16to the construction code fund; and (3) all penalties assessed under the sections set forth
30.17in clauses (1) and (2) and all penalties assessed under sections144.99 to
144.993 in
30.18connection with any violation of sections326B.43 to
326B.49 or
326B.52 to
326B.59 or
30.19the rules adopted under those sections are credited to the assigned risk safety account
30.20established by section79.253 .
30.21 Sec. 4. Minnesota Statutes 2010, section 326B.091, is amended to read:
30.22326B.091 DEFINITIONS.
30.23 Subdivision 1. Applicability. For purposes of sections326B.091 to
326B.098
30.24326B.099, the terms defined in this section have the meanings given them.
30.25 Subd. 2. Applicant. "Applicant" means a person who has submitted to the
30.26department an application fora an initial or renewal license.
30.27 Subd. 3. License. "License" means any registration, certification, or other form
30.28of approval authorized by this chapter 326B and chapter 327B to be issued by the
30.29commissioner or department as a condition of doing business or conducting a trade,
30.30profession, or occupation in Minnesota. License includes specifically but not exclusively
30.31an authorization issued by the commissioner or department: to perform electrical work,
30.32plumbing or water conditioning work, high pressure piping work, or residential building
31.1work of a residential contractor, residential remodeler, or residential roofer; to install
31.2manufactured housing; to serve as a building official; or to operate a boiler or boat.
31.3 Subd. 4. Licensee. "Licensee" means the person named on the license as the person
31.4authorized to do business or conduct the trade, profession, or occupation in Minnesota.
31.5 Subd. 5. Notification date. "Notification date" means the date of the written
31.6notification from the department to an applicant that the applicant is qualified to take the
31.7examination required for licensure.
31.8 Subd. 5b. Qualifying individual. "Qualifying individual" means the individual
31.9responsible for obtaining continuing education on behalf of a residential building
31.10contractor, residential remodeler, or residential roofer licensed pursuant to sections
31.11326B.801 to 326B.885.
31.12 Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
31.13license, means 30 days before the date that the license expires.
31.14 Sec. 5. Minnesota Statutes 2010, section 326B.098, is amended to read:
31.15326B.098 CONTINUING EDUCATION.
31.16 Subdivision 1.Applicability Department seminars. This section applies to
31.17seminars offered by the department for the purpose ofallowing enabling licensees to meet
31.18continuing education requirements for license renewal.
31.19 Subd. 2. Rescheduling. An individual who is registered with the department to
31.20attend a seminar may reschedule one time only, to attend the same seminar on a date
31.21within one year after the date of the seminar the individual was registered to attend.
31.22 Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
31.23nonrefundable except for any overpayment of fees or if the department cancels the seminar.
31.24 Sec. 6. [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
31.25SEMINARS.
31.26This section applies to seminars that are offered by an entity other than the
31.27department for the purpose of enabling licensees to meet continuing education
31.28requirements for license renewal.
31.29 Sec. 7. Minnesota Statutes 2010, section 326B.13, subdivision 8, is amended to read:
31.30 Subd. 8. Effective date of rules. A rule to adopt or amend the State Building Code
31.31is effective 180 days afterthe filing of the rule with the secretary of state under section
31.3214.16 or
14.26
31.33may provide for a later effective date. The rule may provide for an earlier effective date
32.1if the commissioner or board proposing the rule finds that an earlier effective date is
32.2necessary to protect public health and safety after considering, among other things, the
32.3need for time for training of individuals to comply with and enforce the rule.
32.4 Sec. 8. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
32.5 Subdivision 1. Computation. To defray the costs of administering sections
32.6326B.101
to
326B.194 , a surcharge is imposed on all permits issued by municipalities in
32.7connection with the construction of or addition or alteration to buildings and equipment or
32.8appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
32.9receipts to award grants for code research and development and education.
32.10 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
32.11one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
32.1230,2011 2013, the permit surcharge is equivalent to one-half mill (.0005) of the fee or $5,
32.13whichever amount is greater. For all other permits, the surcharge is as follows:
32.14 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
32.15surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
32.16or alteration;
32.17 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
32.18mill (.0004) of the value between $1,000,000 and $2,000,000;
32.19 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
32.20mill (.0003) of the value between $2,000,000 and $3,000,000;
32.21 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
32.22mill (.0002) of the value between $3,000,000 and $4,000,000;
32.23 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
32.24mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.25 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
32.26mill (.00005) of the value that exceeds $5,000,000.
32.27 Sec. 9. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
32.28to read:
32.29 Subd. 1b. Backflow prevention rebuilder. A "backflow prevention rebuilder" is an
32.30individual who is qualified by training prescribed by the Plumbing Board and possesses
32.31a master or journeyman plumber's license to engage in the testing, maintenance, and
32.32rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
32.33the plumbing code.
33.1 Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a
33.2subdivision to read:
33.3 Subd. 1c. Backflow prevention tester. A "backflow prevention tester" is an
33.4individual who is qualified by training prescribed by the Plumbing Board to engage in
33.5the testing of reduced pressure zone type backflow prevention assemblies as regulated by
33.6the plumbing code.
33.7 Sec. 11. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
33.8 Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
33.9whose responsiblelicensed plumber individual is a licensed master plumber.
33.10 Sec. 12. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
33.11 Subd. 9. Responsiblelicensed plumber individual. A contractor's "responsible
33.12licensed plumber individual" means the licensed master plumber or licensed restricted
33.13master plumber designated in writing by the contractor in the contractor's license
33.14application, or in another manner acceptable to the commissioner, as the individual
33.15responsible for the contractor's compliance with sections326B.41 to
326B.49 , all rules
33.16adopted under these sections and sections326B.50 to
326B.59 , and all orders issued
33.17under section326B.082 .
33.18 Sec. 13. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
33.19 Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
33.20means a licensed contractor whose responsiblelicensed plumber individual is a licensed
33.21restricted master plumber.
33.22 Sec. 14. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
33.23 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
33.24power to:
33.25 (1) elect its chair, vice-chair, and secretary;
33.26 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
33.27and containing such other provisions as may be useful and necessary for the efficient
33.28conduct of the business of the board;
33.29 (3) adopt the plumbing code that must be followed in this state and any plumbing
33.30code amendments thereto. The plumbing code shall include the minimum standards
33.31described in sections326B.43, subdivision 1 , and
326B.52, subdivision 1 . The board
34.1shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
34.2as provided in subdivision 6, paragraphs (b), (c), and (d);
34.3 (4) review requests for final interpretations and issue final interpretations as provided
34.4in section326B.127, subdivision 5 ;
34.5 (5) adopt rules that regulate the licensure, certification, or registration of plumbing
34.6contractors, journeymen, unlicensed individuals, master plumbers, restricted master
34.7plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention
34.8rebuilders and testers, water conditioning contractors, and water conditioning installers,
34.9and other persons engaged in the design, installation, and alteration of plumbing systems
34.10or engaged in or working at the business of water conditioning installation or service, or
34.11engaged in or working at the business of medical gas system installation, maintenance, or
34.12repair, except for those individuals licensed under section326.02, subdivisions 2 and 3.
34.13The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
34.146, paragraphs (e) and (f);
34.15(6) adopt rules that regulate continuing education for individuals licensed as master
34.16plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
34.17plumbers, water conditioning contractors, and water conditioning installers, and for
34.18individuals certified under sections 326B.437 and 326B.438. The board shall adopt these
34.19rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
34.20 (7) refer complaints or other communications to the commissioner, whether oral or
34.21written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
34.22order that the commissioner has the authority to enforce pertaining to code compliance,
34.23licensure, or an offering to perform or performance of unlicensed plumbing services;
34.24 (8) approve per diem and expenses deemed necessary for its members as provided in
34.25subdivision 3;
34.26 (9) approve license reciprocity agreements;
34.27 (10) select from its members individuals to serve on any other state advisory council,
34.28board, or committee; and
34.29 (11) recommend the fees for licenses, registrations, and certifications.
34.30Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
34.31Board of High Pressure Piping Systems, the commissioner of labor and industry shall
34.32administer and enforce the provisions of this chapter and any rules promulgated pursuant
34.33thereto.
34.34 (b) The board shall comply with section15.0597, subdivisions 2 and 4.
34.35 (c) The commissioner shall coordinate the board's rulemaking and recommendations
34.36with the recommendations and rulemaking conducted by the other boards created pursuant
35.1to this chapter. The commissioner shall provide staff support to the board. The support
35.2includes professional, legal, technical, and clerical staff necessary to perform rulemaking
35.3and other duties assigned to the board. The commissioner of labor and industry shall
35.4supply necessary office space and supplies to assist the board in its duties.
35.5 Sec. 15. [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
35.6REBUILDERS AND TESTERS.
35.7(a) No person shall perform or offer to perform the installation, maintenance, repair,
35.8replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
35.9unless the person obtains a plumbing contractor's license. An individual shall not engage
35.10in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
35.11prevention assemblies, as regulated by the Plumbing Code, unless the individual is
35.12certified by the commissioner as a backflow prevention rebuilder.
35.13(b) An individual shall not engage in testing of a reduced pressure zone backflow
35.14prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
35.15backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
35.16prevention tester.
35.17(c) Certificates are issued for an initial period of two years and must be renewed
35.18every two years thereafter for as long as the certificate holder installs, maintains, repairs,
35.19rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
35.20of calculating fees under section 326B.092, an initial or renewed backflow prevention
35.21rebuilder or tester certificate shall be considered an entry level license.
35.22(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
35.23related to the certification of backflow prevention rebuilders and backflow prevention
35.24testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
35.2518-month limitation under section 14.125, this authority expires on December 31, 2014.
35.26(e) The department shall recognize certification programs that are a minimum of 16
35.27contact hours and include the passage of an examination. The examination must consist of
35.28a practical and a written component. This paragraph expires when the Plumbing Board
35.29adopts rules under paragraph (d).
35.30 Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:
35.31326B.438 MEDICAL GAS SYSTEMS.
35.32 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
35.33this subdivision have the meanings given them.
36.1 (b) "Medical gas" means medical gas as defined under the National Fire Protection
36.2Association NFPA 99C Standard on Gas and Vacuum Systems.
36.3 (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
36.4system as defined under the National Fire Protection Association NFPA 99C Standard on
36.5Gas and Vacuum Systems.
36.6 Subd. 2. License and certification required.A No person shall perform or offer
36.7to perform the installation, maintenance, or repair of medical gas systems unless the
36.8person obtains a contractor's license. An individual shall not engage in the installation,
36.9maintenance, or repair of a medical gas system unless theperson individual possesses
36.10a current Minnesota master or journeyman plumber's license and is certified by the
36.11commissioner under rules adopted by the Minnesota Plumbing Board. The certification
36.12must be renewedannually biennially for as long as the certificate holder engages in the
36.13installation, maintenance, or repair of medical gasand vacuum systems. If a medical gas
36.14and vacuum system certificate is not renewed within 12 months after its expiration the
36.15medical gas and vacuum certificate is permanently forfeited.
36.16 Subd. 3. Exemptions. (a)A person An individual who on August 1, 2010, holds
36.17a valid certificate authorized by the American Society of Sanitary Engineering (ASSE)
36.18in accordance with standards recommended by the National Fire Protection Association
36.19under NFPA 99C is exempt from the requirements of subdivision 2. This exemption
36.20applies only if theperson individual maintains a valid certification authorized by the ASSE.
36.21 (b)A person An individual who on August 1, 2010, possesses a current Minnesota
36.22master or journeyman plumber's license and a valid certificate authorized by the ASSE
36.23in accordance with standards recommended by the National Fire Protection Association
36.24under NFPA 99C is exempt from the requirements of subdivision 2 and may install,
36.25maintain, and repair a medical gas system. This exemption applies only ifa person an
36.26individual maintains a valid Minnesota master or journeyman plumber's license and valid
36.27certification authorized by the ASSE.
36.28 Subd. 4. Fees.The fee for a medical gas certificate For the purpose of calculating
36.29fees under section 326B.092, an initial or renewed medical gas certificate issued by the
36.30commissioner according to subdivision 2is $30 per year shall be considered a journeyman
36.31level license.
36.32 Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
36.33 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
36.34license may do plumbing work on the individual's residence in accordance with
36.35subdivision 1, paragraph (a).
37.1(b) An individual who is an employee working on the maintenance and repair of
37.2plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
37.3and which is within the limits of property owned or leased, and operated or maintained by
37.4the individual's employer, shall not be required to maintain a contractor license as long
37.5as the employer has on file with the commissioner a current certificate of responsible
37.6person. The certificate must be signed by the responsible individual. The responsible
37.7individual must be a master plumber or, in an area of the state that is not a city or town
37.8with a population of more than 5,000 according to the last federal census, a restricted
37.9master plumber,. The certificate must be signed by the responsible individual and must
37.10state that the person signing the certificate is responsible for ensuring that the maintenance
37.11and repair work performed by the employer's employeescomply complies with sections
37.12326B.41
to
326B.49 , all rules adopted under those sections and sections
326B.50 to
37.13326B.59
, and all orders issued under section
326B.082 . The employer must pay a filing
37.14fee to file a certificate of responsibleperson individual with the commissioner. The
37.15certificate shall expire two years from the date of filing. In order to maintain a current
37.16certificate of responsibleperson individual, the employer must resubmit a certificate of
37.17responsibleperson individual, with a filing fee, no later than two years from the date of the
37.18previous submittal. The filing of the certificate of responsibleperson individual does not
37.19exempt any employee of the employer from the requirements of this chapter regarding
37.20individual licensing as a plumber or registration as a plumber's apprentice.
37.21(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
37.22separate contractor license to perform plumbing work on behalf of the employer within
37.23the scope of the licensed plumber's license.
37.24(d) A person may perform and offer to perform building sewer or water service
37.25installation without a contractor's license if the person is in compliance with the bond and
37.26insurance requirements of subdivision 2.
37.27 Sec. 18. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
37.28 Subd. 1b. Employment of master plumber or restricted master plumber. (a)
37.29Each contractor must designate a responsible licensed plumber, who shall be responsible
37.30for the performance of all plumbing work in accordance with sections326B.41 to
37.31326B.49
, all rules adopted under these sections and sections
326B.50 to
326B.59 , and all
37.32orders issued under section326B.082 . A plumbing contractor's responsible licensed
37.33plumber individual must be a master plumber. A restricted plumbing contractor's
37.34responsiblelicensed plumber individual must be a master plumber or a restricted master
37.35plumber. A plumbing contractor license authorizes the contractor to offer to perform
38.1and, through licensed and registered individuals, to perform plumbing work in all areas
38.2of the state. A restricted plumbing contractor license authorizes the contractor to offer
38.3to perform and, through licensed and registered individuals, to perform plumbing work
38.4in all areas of the state except in cities and towns with a population of more than 5,000
38.5according to the last federal census.
38.6(b) If the contractor is an individual or sole proprietorship, the responsible licensed
38.7plumber individual must be the individual, proprietor, or managing employee. If the
38.8contractor is a partnership, the responsible licensedplumber individual must be a general
38.9partner or managing employee. If the contractor is a limited liability company, the
38.10responsible licensedplumber individual must be a chief manager or managing employee.
38.11If the contractor is a corporation, the responsible licensedplumber individual must be
38.12an officer or managing employee. If the responsible licensedplumber individual is a
38.13managing employee, the responsible licensedplumber individual must be actively engaged
38.14in performing plumbing work on behalf of the contractor, and cannot be employed in any
38.15capacity as a plumber for any other contractor. An individual may be the responsible
38.16licensedplumber individual for only one contractor.
38.17(c) All applications and renewals for contractor licenses shall include a verified
38.18statement that the applicant or licensee has complied with this subdivision.
38.19 Sec. 19. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
38.20 Subd. 2. Bond; insurance.As a condition of licensing, each contractor (a) The
38.21bond and insurance requirements of paragraphs (b) and (c) apply to each person who
38.22performs or offers to perform plumbing work within the state, including any person who
38.23offers to perform or performs sewer or water service installation without a contractor's
38.24license. If the person performs or offers to perform any plumbing work other than sewer
38.25or water service installation, then the person must meet the requirements of paragraphs
38.26(b) and (c) as a condition of holding a contractor's license.
38.27(b) Each person who performs or offers to perform plumbing work within the state
38.28shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
38.29plumbing work entered into within the state or (2) all plumbing work and subsurface
38.30sewage treatment work entered into within the state. If the bond is for both plumbing work
38.31and subsurface sewage treatment work, the bond must comply with the requirements of
38.32this section and section115.56, subdivision 2 , paragraph (e). The bond shall be for the
38.33benefit of persons injured or suffering financial loss by reason of failure to comply with the
38.34requirements of the State Plumbing Code and, if the bond is for both plumbing work and
38.35subsurface sewage treatment work, financial loss by reason of failure to comply with the
39.1requirements of sections115.55 and
115.56 . The bond shall be filed with the commissioner
39.2and shall be written by a corporate surety licensed to do business in the state.
39.3In addition, as a condition of licensing, each contractor (c) Each person who
39.4performs or offers to perform plumbing work within the state shall have and maintain in
39.5effect public liability insurance, including products liability insurance with limits of at
39.6least $50,000 per person and $100,000 per occurrence and property damage insurance
39.7with limits of at least $10,000. The insurance shall be written by an insurer licensed to
39.8do business in the state of Minnesotaand. Each licensed master plumber person who
39.9performs or offers to perform plumbing work within the state shall maintain on file
39.10with the commissioner a certificate evidencing the insurance. In the event of a policy
39.11cancellation, the insurer shall send written notice to the commissioner at the same time
39.12that a cancellation request is received from or a notice is sent to the insured.
39.13 Sec. 20. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
39.14 Subd. 3. Bond and insurance exemption. If amaster plumber or restricted
39.15master plumber person who is in compliance with the bond and insurance requirements
39.16of subdivision 2, employs a licensed plumber, the or an individual who has completed
39.17pipe-laying training as prescribed by the commissioner, that employeeplumber shall not be
39.18required to meet the bond and insurance requirements of subdivision 2. An individual who
39.19is an employee working on the maintenance and repair of plumbing equipment, apparatus,
39.20or facilities owned or leased by the individual's employer and which is within the limits of
39.21property owned or leased, and operated or maintained by the individual's employer, shall
39.22not be required to meet the bond and insurance requirements of subdivision 2.
39.23 Sec. 21. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
39.24 Subdivision 1. Registration; supervision; records. (a) All unlicensed individuals,
39.25other than plumber's apprentices and individuals who have completed pipe-laying training
39.26as prescribed by the commissioner, must be registered under subdivision 3.
39.27(b) A plumber's apprentice or registered unlicensed individual is authorized to
39.28assist in the installation of plumbing only while under the direct supervision of a master,
39.29restricted master, journeyman, or restricted journeyman plumber. The master, restricted
39.30master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
39.31plumbing work performed by the plumber's apprentice or registered unlicensed individual
39.32complies with the plumbing code. The supervising master, restricted master, journeyman,
39.33or restricted journeyman must be licensed and must be employed by the same employer
39.34as the plumber's apprentice or registered unlicensed individual. Licensed individuals
40.1shall not permit plumber's apprentices or registered unlicensed individuals to perform
40.2plumbing work except under the direct supervision of an individual actually licensed to
40.3perform such work. Plumber's apprentices and registered unlicensed individuals shall not
40.4supervise the performance of plumbing work or make assignments of plumbing work
40.5to unlicensed individuals.
40.6(c) Contractors employing plumber's apprentices or registered unlicensed individuals
40.7to perform plumbing work shall maintain records establishing compliance with this
40.8subdivision that shall identify all plumber's apprentices and registered unlicensed
40.9individuals performing plumbing work, and shall permit the department to examine and
40.10copy all such records.
40.11 Sec. 22. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
40.12 Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed
40.13individual may register by completing and submitting to the commissioner an application
40.14form provided by the commissioner, with all fees required by section326B.092 . A
40.15completed application form must state the date the individual began training, the
40.16individual's age, schooling, previous experience, and employer, and other information
40.17required by the commissioner. The Plumbing Board may prescribe rules, not inconsistent
40.18with this section, for the registration of unlicensed individuals. Applications for initial
40.19registration may be submitted at any time. Registration must be renewed annually and
40.20shall be for the period from July 1 of each year to June 30 of the following year.
40.21 Sec. 23. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
40.22 Subdivision 1. Application, examination, and license fees. (a) Applications for
40.23master and journeyman plumber's licenses shall be made to the commissioner, with
40.24all fees required by section326B.092 . Unless the applicant is entitled to a renewal,
40.25the applicant shall be licensed by the commissioner only after passing a satisfactory
40.26examination developed and administered by the commissioner, based upon rules adopted
40.27by the Plumbing Board, showing fitness.
40.28(b) All initial journeyman plumber's licenses shall be effective for more than one
40.29calendar year and shall expire on December 31 of the year after the year in which the
40.30application is made. All master plumber's licenses shall expire on December 31 of each
40.31even-numbered year after issuance or renewal. The commissioner shall in a manner
40.32determined by the commissioner, without the need for any rulemaking under chapter 14,
40.33phase in the renewal of master and journeyman plumber's licenses from one year to two
41.1years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
41.2two-year licenses.
41.3(c) Applications for contractor licenses shall be made to the commissioner, with all
41.4fees required by section326B.092 . All contractor licenses shall expire on December 31 of
41.5each odd-numbered year after issuance or renewal.
41.6(d) For purposes of calculating license fees and renewal license fees required under
41.7section326B.092 :
41.8(1) the following licenses shall be considered business licenses: plumbing contractor
41.9and restricted plumbing contractor;
41.10(2) the following licenses shall be considered master licenses: master plumber and
41.11restricted master plumber;
41.12(3) the following licenses shall be considered journeyman licenses: journeyman
41.13plumber and restricted journeyman plumber; and
41.14(4) the registration of a plumber's apprentice under section326B.47, subdivision 3 ,
41.15shall be considered an entry level license.
41.16(e) For each filing of a certificate of responsibleperson individual by an employer,
41.17the fee is $100.
41.18(f) The commissioner shall charge each person giving bond under section 326B.46,
41.19subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
41.20licensed contractor.
41.21 Sec. 24. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
41.22 Subdivision 1. Bonds. (a) As a condition of licensing, each water conditioning
41.23contractor shall give and maintain a bond to the state as described in paragraph (b).
41.24No applicant for a water conditioning contractoror installer license who maintains the
41.25bond under paragraph (b) shall be otherwise required to meet the bond requirements of
41.26any political subdivision.
41.27 (b) Each bond given to the state under this subdivision shall be in the total sum of
41.28$3,000 conditioned upon the faithful and lawful performance of all water conditioning
41.29installation or servicing done within the state. The bond shall be for the benefit of
41.30persons suffering injuries or damages due to the work. The bond shall be filed with the
41.31commissioner and shall be written by a corporate surety licensed to do business in this
41.32state. The bond must remain in effect at all times while the application is pending and
41.33while the license is in effect.
42.1 Sec. 25. Minnesota Statutes 2010, section 326B.58, is amended to read:
42.2326B.58 FEES; RENEWAL.
42.3 (a) Each initial water conditioning master and water conditioning journeyman
42.4license shall be effective for more than one calendar year and shall expire on December 31
42.5of the year after the year in which the application is made.
42.6(b) The commissioner shall in a manner determined by the commissioner, without
42.7the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
42.8master and journeyman licenses from one year to two years. By June 30, 2011, all
42.9renewed water conditioning contractorand installer licenses shall be two-year licenses.
42.10The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
42.11(c) All water conditioning contractor licenses shall expire on December 31 of the
42.12year after issuance or renewal.
42.13(d) For purposes of calculating license fees and renewal fees required under section
42.14326B.092
:
42.15(1) a water conditioning journeyman license shall be considered a journeyman
42.16license;
42.17(2) a water conditioning master license shall be considered a master license; and
42.18(3) a water conditioning contractor license shall be considered a business license.
42.19 Sec. 26. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
42.20 Subd. 2. Appropriate and related knowledge. "Appropriate and related
42.21knowledge" means facts, information, or principles that are clearly relevant to thelicensee
42.22in performing licensee's responsibilities under a license issued by the commissioner.
42.23These facts, information, or principles must convey substantive and procedural knowledge
42.24as it relates to postlicensing issues and must be relevant to the technical aspects of a
42.25particular area of continuing education regulated industry.
42.26 Sec. 27. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
42.27 Subd. 3. Classroom hour. "Classroom hour" meansa 50-minute hour 50 minutes of
42.28educational content.
42.29 Sec. 28. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
42.30 Subd. 7. Medical hardship. "Medical hardship"includes means a documented
42.31physical disability or medical condition.
42.32 Sec. 29. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
43.1 Subd. 9. Regulatedindustries industry. "Regulated industries industry" means
43.2residential contracting, residential remodeling, or residential roofing. Each of these is a
43.3regulated industry any business, trade, profession, or occupation that requires a license
43.4issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
43.5 Sec. 30. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
43.6 Subdivision 1. Purpose. The purpose of this section is to establish standards
43.7for residential building contractor continuing education.The standards must include
43.8requirements for continuing education in the implementation of energy codes or energy
43.9conservation measures applicable to residential buildings.
43.10 Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
43.11 Subd. 5. Content. (a) Continuing education consists of approved courses that
43.12impart appropriate and related knowledge in theresidential construction industry regulated
43.13industries pursuant tosections
326B.802 to
326B.885relevant
43.14applicable federal and state laws, rules, and regulations. Courses may include relevant
43.15materials that are included in licensing exams subject to the limitations imposed in
43.16subdivision 11. The burden of demonstrating that courses impart appropriate and related
43.17knowledge is upon the person seeking approval or credit.
43.18 (b) Except as required for Internet continuing education, course examinations will
43.19not be required for continuing education coursesunless they are required by the sponsor.
43.20 (c)Textbooks are not required to be used for continuing education courses. If
43.21textbooks are not used as part of the course, the sponsor must provide students with a
43.22syllabus containing, at a minimum, the course title, the times and dates of the course
43.23offering, the name, address,and telephone number of the course sponsor and, the name
43.24and affiliation of the instructor, and a detailed outline of the subject materials to be
43.25covered. Any written or printed material given to students must be of readable quality and
43.26contain accurate and current information.
43.27 (d) Upon completion of an approved course, licensees shall earn one hour of
43.28continuing education credit for each classroom hour approved by the commissioner.One
43.29credit hour of continuing education is equivalent to 50 minutes of educational content.
43.30Each continuing education course must be attended in its entirety in order to receive credit
43.31for the number of approved hours. Courses may be approved for full or partial credit,
43.32and for more than one regulated industry.
43.33 (e) Continuing education credit in an approved course shall be awarded to presenting
43.34instructors on the basis of one credit for each hourof preparation for the duration of the
44.1initial presentation. Continuing educationcredit may not be earned if the licensee has
44.2previously obtained credit for the same course as a licensee or as an instructor within the
44.3three years immediately prior credits for completion of an approved course may only be
44.4used once for renewal of a specific license.
44.5(e) (f) Courses will be approved using the following guidelines:
44.6(1) course content must demonstrate significant intellectual or practical content and
44.7deal with matters directly related to the practiceof residential construction in the regulated
44.8industry, workforce safety, or the business of running aresidential construction company
44.9in the regulated industry. Courses may also address the professional responsibility or
44.10ethical obligations ofresidential contractors to homeowners and suppliers a licensee
44.11related to work in the regulated industry;
44.12(2) the following courses may beautomatically approved if they are specifically
44.13designed for theresidential construction regulated industry and are in compliance with
44.14paragraph(f) (g):
44.15(i) courses approved by the Minnesota Board of Continuing Legal Education; or
44.16(ii) courses approved by the International Code Council, National Association of
44.17Home Building, or other nationally recognized professional organization of theresidential
44.18construction regulated industry; and
44.19(3) courses must be presented and attended in a suitable classroom or construction
44.20setting, except for Internet education courses which must meet the requirements of
44.21subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
44.22teleconference may be approved provided the sponsor is available at all times during the
44.23presentation, except for Internet education courses which must meet the requirements
44.24of subdivision 5a.
44.25(f) (g) The following courses will not be approved for credit:
44.26 (1) courses designed solely to prepare students for a license examination;
44.27 (2) courses in mechanical office skills, including typing, speed reading, or other
44.28machines or equipment. Computer courses are allowed, if appropriate and related to the
44.29residential construction regulated industry;
44.30 (3) courses in sales promotion, including meetings held in conjunction with the
44.31general business of the licensee;
44.32 (4) courses in motivation, salesmanship, psychology, or personal time management;
44.33 (5) courses that are primarily intended to impart knowledge of specific products of
44.34specific companies, if the use of the product or products relates to the sales promotion
44.35or marketing of one or more of the products discussed; or
45.1(6) courses where any of the educational content of the course is the State Building
45.2Code that include code provisions that have not been adopted into the State Building
45.3Code unless the course materials clarifywhether or not that the code provisions have
45.4been officially adopted into a future version of the State Building Code and the effective
45.5date of enforcement, if applicable.
45.6 Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
45.7read:
45.8 Subd. 5a. Internet continuing education. (a) Minnesota state colleges and
45.9universities that are accredited to provide Internet education by the Higher Learning
45.10Commission are exempt from the requirements of this subdivision.
45.11(b) The design and delivery of an Internet continuing education course must be
45.12approved by the International Distance Education Certification Center (IDECC) before
45.13the course is submitted for the commissioner's approval. The IDECC approval must
45.14accompany the course submitted.
45.15(b) (c) An Internet continuing education course must:
45.16(1) specify the minimum computer system requirements;
45.17(2) provide encryption that ensures that all personal information, including the
45.18student's name, address, and credit card number, cannot be read as it passes across the
45.19Internet;
45.20(3) include technology to guarantee seat time;
45.21(4) include a high level of interactivity;
45.22(5) include graphics that reinforce the content;
45.23(6) include the ability for the student to contact an instructor or course sponsor
45.24within a reasonable amount of time;
45.25(7) include the ability for the student to get technical support within a reasonable
45.26amount of time;
45.27(8) include a statement that the student's information will not be sold or distributed
45.28to any third party without prior written consent of the student. Taking the course does not
45.29constitute consent;
45.30(9) be available 24 hours a day, seven days a week, excluding minimal downtime
45.31for updating and administration, except that this provision does not apply to live courses
45.32taught by an actual instructor and delivered over the Internet;
45.33(10) provide viewing access to the online course at all times to the commissioner,
45.34excluding minimal downtime for updating and administration;
45.35(11) include a process to authenticate the student's identity;
46.1(12) inform the student and the commissioner how long after its purchase a course
46.2will be accessible;
46.3(13) inform the student that license education credit will not be awarded for taking
46.4the course after it loses its status as an approved course;
46.5(14) provide clear instructions on how to navigate through the course;
46.6(15) provide automatic bookmarking at any point in the course;
46.7(16) provide questions after each unit or chapter that must be answered before the
46.8student can proceed to the next unit or chapter;
46.9(17) include a reinforcement response when a quiz question is answered correctly;
46.10(18) include a response when a quiz question is answered incorrectly;
46.11(19) include a final examination in which the student must correctly answer 70
46.12percent of the questions;
46.13(20) allow the student to go back and review any unit at any time, except during the
46.14final examination;
46.15(21) provide a course evaluation at the end of the course. At a minimum, the
46.16evaluation must ask the student to report any difficulties caused by the online education
46.17delivery method;
46.18(22) provide a completion certificate when the course and exam have been completed
46.19and the provider has verified the completion. Electronic certificates are sufficient and shall
46.20include the name of the provider, date and location of the course, educational program
46.21identification that was provided by the department, hours of instruction or continuing
46.22education hours, and licensee's or attendee's name and license, certification, or registration
46.23number or the last four digits of the licensee's or attendee's Social Security number; and
46.24(23) allow the commissioner the ability to electronically review the class to
46.25determine if credit can be approved.
46.26(c) (d) The final examination must be either an encrypted online examination or a
46.27paper examination that is monitored by a proctor who certifies that the student took the
46.28examination.
46.29 Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
46.30 Subd. 6. Course approval. (a) Courses must be approved by the commissioner
46.31in advance and will be approved on the basis of the applicant's compliance with the
46.32provisions of this section relating to continuing education in the regulated industries. The
46.33commissioner shall make the final determination as to the approval and assignment of
46.34credit hours for courses. Courses must be at least one hour in length.
47.1 Licensees requesting credit for continuing education courses that have not been
47.2previously approved by the commissioner shall, on a form prescribed by the commissioner,
47.3submit an application for approval of continuing education credit accompanied by a
47.4nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
47.5in compliance with the provisions of this section governing the types of courses that will
47.6and will not be approved.
47.7 Approval will not be granted for time spent on meals or other unrelated activities.
47.8Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
47.9offered by a provider to any one student for longer than eight hours in one day, excluding
47.10meal breaks.
47.11 (b) Application for course approval must be submitted on a form approved by the
47.12commissioner at least 30 days before the course offering.
47.13 (c) Approval must be granted for a subsequent offering of identical continuing
47.14education courses without requiring a new application if a notice of the subsequent
47.15offering is filed with the commissioner at least 30 days in advance of the date the course is
47.16to be held. The commissioner shall deny future offerings of courses if they are found not
47.17to be in compliance with the laws relating to course approval.
47.18 Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
47.19 Subd. 7. Courses open to all. All course offerings must be open to any interested
47.20individuals. Access may be restricted by the sponsor based on class size only. Courses
47.21must shall not be approved if attendance is restricted to any particular group of people,
47.22except for company-sponsored courses allowed by applicable law.
47.23 Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
47.24 Subd. 8. Course sponsor. (a) Each course of study shall have at least one sponsor,
47.25approved by the commissioner, who is responsible for supervising the program and
47.26ensuring compliance with all relevant law. Sponsors may engage an additional approved
47.27sponsor in order to assist the sponsor or to act as a substitute for the sponsorin the event
47.28of an emergency or illness.
47.29(b) Sponsors must submit an application and sworn statement stating they agree to
47.30abide by the requirements of this section and any other applicable statute or rule pertaining
47.31toresidential construction continuing education in the regulated industry.
47.32(c) A sponsor may also be an instructor.
47.33(d) Failure to comply withrequirements paragraph (b) may result in loss of sponsor
47.34approval for up to two years in accordance with section326B.082 .
48.1 Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
48.2 Subd. 9. Responsibilities. A sponsor is responsible for:
48.3 (1) ensuring compliance with all laws and rules relating to continuing educational
48.4offerings governed by the commissioner;
48.5 (2) ensuring that students are provided with current and accurate information relating
48.6to the laws and rules governingtheir licensed activity the regulated industry;
48.7 (3) supervising and evaluating courses and instructors. Supervision includes
48.8ensuring that all areas of the curriculum are addressed without redundancy and that
48.9continuity is present throughout the entire course;
48.10 (4) ensuring that instructors are qualified to teach the course offering;
48.11 (5) furnishing the commissioner, upon request, with copies of courseand instructor
48.12evaluationsand. Evaluations must be completed by students at the time the course is
48.13offered;
48.14(6) furnishing the commissioner, upon request, with copies of the qualifications of
48.15instructors. Evaluations must be completed by students at the time the course is offered
48.16and by sponsors within five days after the course offering;
48.17(6) (7) investigating complaints related to course offerings or instructors. A copy
48.18of the written complaint must be sent to the commissioner within ten days of receipt of
48.19the complaint and a copy of the complaint resolution must be sent not more than ten
48.20days after resolution is reached;
48.21(7) (8) maintaining accurate records relating to course offerings, instructors, tests
48.22taken by students if required, and student attendance for a period of three years from the
48.23date on which the course was completed. These records must be made available to the
48.24commissioner upon request. In the event the sponsor ceases operations before termination
48.25of the sponsor application, the sponsor must provide to the commissioner digital copies of
48.26all course and attendance records of courses held for the previous three years;
48.27(8) (9) attending workshops or instructional programs as reasonably required by
48.28the commissioner;
48.29(9) (10) providing course completion certificates within ten days of, but not before,
48.30completion of the entire course. A sponsor may require payment of the course tuition as a
48.31condition of receiving the course completion certificate. Course completion certificates
48.32must be completed in their entirety. Course completion certificates must and shall contain
48.33the following:
48.34(i) the statement: "If you have any comments about this course offering, please mail
48.35them to the Minnesota Department of Labor and Industry.";
49.1(ii) the current address of the departmentmust be included. A sponsor may require
49.2payment of the course tuition as a condition for receiving the course completion certificate,
49.3name of the provider, date and location of the course, educational program identification
49.4provided by the department, and hours of instruction or continuing education hours; and
49.5(iii) the licensee's or attendee's name and license, certificate, or registration number
49.6or the last four digits of the licensee's or attendee's Social Security number; and
49.7(10) (11) notifying the commissioner in writing within ten days of any change in the
49.8information in an application for approval on file with the commissioner.
49.9 Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
49.10read:
49.11 Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
49.12who is qualified by education, training, or experience to ensure competent instruction.
49.13Failure to have only qualified instructors teach at an approved course offering will result in
49.14loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
49.15to teach the course offering.
49.16 (b) Qualified continuing education instructors must have one of the following
49.17qualifications:
49.18 (1) four years' practical experience in the subject area being taught;
49.19 (2) a college or graduate degree in the subject area being taught;
49.20(3) direct experience in the development of laws, rules, or regulations related to the
49.21residential construction regulated industry; or
49.22(4) demonstrated expertise in the subject area being taught. Instructors providing
49.23instruction related to electricity, plumbing, or high pressure piping systems must comply
49.24with all applicable continuing education rules adopted by the Board of Electricity, the
49.25Plumbing Board, or the Board of High Pressure Piping Systems.
49.26 (c)Approved Qualified continuing education instructors are responsible for:
49.27 (1) compliance with all laws and rules relating to continuing education;
49.28 (2) providing students with current and accurate information;
49.29 (3) maintaining an atmosphere conducive to learning in the classroom;
49.30 (4) verifying attendance of students, and certifying course completion;
49.31 (5) providing assistance to students and responding to questions relating to course
49.32materials; and
49.33 (6) attending the workshops or instructional programs that are required by the
49.34commissioner.
50.1 Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
50.2read:
50.3 Subd. 11. Prohibited practices for sponsors and instructors. (a) In connection
50.4with an approved continuing education course, sponsors and instructors shall not:
50.5 (1) recommendor, promote, or disparage the specific services, products, processes,
50.6procedures, or practices of a particularbusiness person in the regulated industry;
50.7 (2) encourage or recruitindividuals students to engage the services of, or become
50.8associated with, a particular business;
50.9 (3) use materials for the sole purpose of promoting a particular business;
50.10 (4) require students to participate in other programs or services offered by an
50.11instructor or sponsor;
50.12 (5) attempt, either directly or indirectly, to discover questions or answers on an
50.13examination for a license;
50.14 (6) disseminate to any other person specific questions, problems, or information
50.15known or believed to be included in licensing examinations;
50.16 (7) misrepresent any information submitted to the commissioner;
50.17 (8) fail to reasonably cover, or ensure coverage of, all points, issues, and concepts
50.18contained in the course outline approved by the commissioner during the approved
50.19instruction; or
50.20 (9) issue inaccurate course completion certificates.
50.21 (b) Sponsors shall notify the commissioner within ten days of a felony or gross
50.22misdemeanor conviction or of disciplinary action taken against an occupational or
50.23professional license held by the sponsor or an instructor teaching an approved course. The
50.24notification conviction or disciplinary action shall be grounds for the commissioner to
50.25withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.
50.26 Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
50.27read:
50.28 Subd. 12.Fees Course tuition. Fees Tuition for an approved course of study
50.29and related materials must be clearly identified to students. In the event that a course is
50.30canceled for any reason, allfees tuition must be returned within 15 days from the date of
50.31cancellation. In the event that a course is postponed for any reason, students shall be given
50.32the choice of attending the course at a later date or having theirfees tuition refunded in
50.33full within 15 days from the date of postponement. If a student is unable to attend a course
50.34or cancels the registration in a course, sponsor policies regarding refunds shall govern.
51.1 Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
51.2read:
51.3 Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
51.4of continuing education courses.
51.5 (b) Advertising must be truthful and not deceptive or misleading. Courses may
51.6not be advertised as approved for continuing education credit unless approval has been
51.7granted in writing by the commissioner.
51.8 (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
51.9materials pertaining to an approved course circulated or distributed in this state, must
51.10prominently display the following statement:
51.11 "This course has been approved by the Minnesota Department of Labor and Industry
51.12for ....... (approved number of hours) hours forresidential contractor ....... (regulated
51.13industry) continuing education."
51.14 (d) Advertising of approved courses must be clearly distinguishable from the
51.15advertisement of other nonapproved courses and services.
51.16 (e) Continuing education courses may not be advertised before approval unless the
51.17course is described in any advertising as "approval pending." The sponsor must verbally
51.18notifylicensees students before commencement of the course if the course has been
51.19denied credit, has not been approved for credit, or has only been approved for partial
51.20credit by the commissioner.
51.21 (f) The number of hours for which a course has been approved must be prominently
51.22displayed on an advertisement for the course. If the course offering is longer than the
51.23number of hours of credit to be given, it must be clear that credit is not earned for the
51.24entire course.
51.25 (g) The course approval number must not be included in any advertisement.
51.26 Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
51.27read:
51.28 Subd. 16. Notice to students. At the beginning of each approved offering, the
51.29following notice must be handed out in printed form or must be read to students:
51.30 "This educational offering is recognized by the Minnesota Department of Labor and
51.31Industry as satisfying ....... (insert number of hours approved) hours of credit toward
51.32residential contractor (insert regulated industry) continuing education requirements."
51.33 Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
51.34read:
52.1 Subd. 18. Falsification of reports or certificates. A licensee, itsqualified person
52.2qualifying individual, or an applicant found to have falsified an education report or
52.3certificate to the commissioner shall be considered to have violated the laws relating to
52.4the regulated industry for which the person has a license and shall be subject tocensure,
52.5limitation, condition, suspension, or revocation of the license or denial of the application
52.6for licensure the enforcement provisions of section 326B.082.
52.7 The commissioner reserves the right to audit a licensee's continuing education
52.8records.
52.9 Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
52.10read:
52.11 Subd. 19. Waivers and extensions.If a licensee provides documentation to the
52.12commissioner that the licensee or its qualifying person is unable, and will continue to be
52.13unable, to attend actual classroom course work because of a physical disability, medical
52.14condition, or similar reason, attendance at continuing education courses shall be waived
52.15for a period not to exceed one year. The commissioner shall require that the licensee or
52.16its qualifying person satisfactorily complete a self-study program to include reading a
52.17sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
52.18residential building contractor industry, as would be necessary for the licensee to satisfy
52.19continuing educational credit hour needs. The commissioner shall award the licensee
52.20credit hours for a self-study program by determining how many credit hours would
52.21be granted to a classroom course involving the same material and giving the licensee
52.22the same number of credit hours under this section. The licensee may apply each year
52.23for a new waiver upon the same terms and conditions as were necessary to secure the
52.24original waiver, and must demonstrate that in subsequent years, the licensee was unable to
52.25complete actual classroom course work. The commissioner may request documentation
52.26of the condition upon which the request for waiver is based as is necessary to satisfy
52.27the commissioner of the existence of the condition and that the condition does preclude
52.28attendance at continuing education courses.
52.29 Upon written proof demonstrating a medical hardship, the commissioner shall
52.30extend, for up to 90 days, the time period during which the continuing education must be
52.31successfully completed.Loss of income from either attendance at courses or cancellation
52.32of a license is not a bona fide financial hardship. Requests for extensions must be
52.33submitted to the commissioner in writing no later than 60 days before the education is
52.34due and must include an explanation with verification of the hardship, plus verification of
52.35enrollment at an approved course of study on or before the extension period expires.
53.1 Sec. 44. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
53.2read:
53.3 Subd. 20. Reporting requirements.Required Continuing education credits must
53.4be reported by the sponsor in a manner prescribed by the commissioner. Licensees are
53.5responsible for maintaining copies of course completion certificates.
53.6 Sec. 45. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
53.7read:
53.8 Subd. 22. Continuing education approval. Continuing education courses must be
53.9approved in advance by the commissioner of labor and industry."Sponsor" means any
53.10person or entity offering approved education.
53.11 Sec. 46. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
53.12read:
53.13 Subd. 23. Continuing education fees. The following fees shall be paid to the
53.14commissioner:
53.15 (1) initial course approval, $20 for each hour or fraction of one hour of continuing
53.16education course approval sought. Initial course approval expires on the last day of the
53.1724th 36th month after the course is approved;
53.18(2) renewal of course approval, $20 per course. Renewal of course approval expires
53.19on the last day of the 24th month after the course is renewed;
53.20(3) (2) initial sponsor approval, $100. Initial sponsor approval expires on the last
53.21day of the 24th month after the sponsor is approved; and
53.22(4) (3) renewal of sponsor approval, $20 $100. Renewal of sponsor approval expires
53.23on the last day of the 24th month after the sponsor is renewed.
53.24 Sec. 47. Minnesota Statutes 2010, section 326B.865, is amended to read:
53.25326B.865 SIGN CONTRACTOR; BOND.
53.26 (a) A sign contractor may post a compliance bond with the commissioner,
53.27conditioned that the sign contractor shall faithfully perform duties and comply with laws,
53.28ordinances, rules, and contracts entered into for the installation of signs. The bond must
53.29be renewed biennially and maintained for so long as determined by the commissioner.
53.30The aggregate liability of the surety on the bond to any and all persons, regardless of the
53.31number of claims made against the bond, may not exceed the annual amount of the bond.
53.32The bond may be canceled as to future liability by the surety upon 30 days' written notice
53.33mailed to the commissioner by United States mail.
54.1 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
54.2local unit of government that requires sign contractors to post a compliance bond. The
54.3bond is in lieu of any compliance bond required by a local unit of government.
54.4 (c) For purposes of this section, "sign" means a device, structure, fixture, or
54.5placard using graphics, symbols, or written copy that is erected on the premises of an
54.6establishment including the name of the establishment or identifying the merchandise,
54.7services, activities, or entertainment available on the premises.
54.8(d) Each person giving bond under this section shall pay a biennial bond filing fee of
54.9$100 to the commissioner of labor and industry.
54.10EFFECTIVE DATE.This section is effective January 1, 2012.
54.11 Sec. 48. Minnesota Statutes 2010, section 326B.89, subdivision 6, is amended to read:
54.12 Subd. 6. Verified application. To be eligible for compensation from the fund, an
54.13owner or lessee shall serve on the commissioner a verified application for compensation
54.14on a form approved by the commissioner. The application shall verify the following
54.15information:
54.16 (1) the specific grounds upon which the owner or lessee seeks to recover from
54.17the fund:
54.18 (2) that the owner or the lessee has obtained a final judgment in a court of competent
54.19jurisdiction against a licensee licensed under section326B.83 ;
54.20 (3) that the final judgment was obtained against the licensee on the grounds
54.21of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
54.22performance that arose directly out of a contract directly between the licensee and the
54.23homeowner or lessee that was entered into prior to the cause of action and that occurred
54.24when the licensee was licensed and performing any of the special skills enumerated under
54.25section326B.802, subdivision 15 ;
54.26 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
54.27the owner's residential real estate, on residential real estate leased by the lessee, or on new
54.28residential real estate that has never been occupied or that was occupied by the licensee
54.29for less than one year prior to purchase by the owner;
54.30 (5) that the residential real estate is located in Minnesota;
54.31 (6) that the owner or the lessee is not the spouse of the licensee or the personal
54.32representative of the licensee;
54.33 (7) the amount of the final judgment, any amount paid in satisfaction of the final
54.34judgment, and the amount owing on the final judgment as of the date of the verified
54.35application;
55.1 (8) that the owner or lessee has diligently pursued remedies against all the judgment
55.2debtors and all other persons liable to the judgment debtor in the contract for which the
55.3owner or lessee seeks recovery from the fund; and
55.4 (9) that the verified application is being served within two years after the judgment
55.5became final.
55.6 The verified application must include documents evidencing the amount of the
55.7owner's or the lessee's actual and direct out-of-pocket loss. The owner's and the lessee's
55.8actual and direct out-of-pocket loss shall not include any attorney fees, litigation costs
55.9or fees, interest on the loss, and interest on the final judgment obtained as a result of the
55.10loss or any costs not directly related to the value difference between what was contracted
55.11for and what was provided. Any amount paid in satisfaction of the final judgment shall
55.12be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
55.13lessee may serve a verified application regardless of whether the final judgment has been
55.14discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
55.15on the judgment have either been pursued and concluded or been forgone, including all
55.16reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
55.17in common are deemed to be a single owner. For purposes of this section, owners and
55.18lessees eligible for payment of compensation from the fund shall not include government
55.19agencies, political subdivisions, financial institutions, and any other entity that purchases,
55.20guarantees, or insures a loan secured by real estate.
55.21 Sec. 49. Minnesota Statutes 2010, section 326B.89, subdivision 8, is amended to read:
55.22 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
55.23for hearing under subdivision 7, the commissioner shall request that an administrative law
55.24judge be assigned and that a hearing be conducted under the contested case provisions of
55.25chapter 14 within 45 days after the commissioner received the request for hearing, unless
55.26the parties agree to a later date. The commissioner must notify the owner or lessee of the
55.27time and place of the hearing at least 15 days before the hearing. Upon petition of the
55.28commissioner, the administrative law judge shall continue the hearing up to 60 days and
55.29upon a showing of good cause may continue the hearing for such additional period as the
55.30administrative law judge deems appropriate.
55.31At the hearing the owner or the lessee shall have the burden of proving by substantial
55.32evidence under subdivision 6, clauses (1) to (8). Whenever an applicant's judgment
55.33is by default, stipulation, or consent, or whenever the action against the licensee was
55.34defended by a trustee in bankruptcy, the applicant shall have the burden of proving the
55.35cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or
56.1failure of performance. Otherwise, the judgment shall create a rebuttable presumption
56.2of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
56.3performance. This presumption affects the burden of producing evidence.
56.4The administrative law judge shall issue findings of fact, conclusions of law, and
56.5order. If the administrative law judge finds that compensation should be paid to the owner
56.6or the lessee, the administrative law judge shall order the commissioner to make payment
56.7from the fund of the amount it finds to be payable pursuant to the provisions of and in
56.8accordance with the limitations contained in this section. The order of the administrative
56.9law judge shall constitute the final decision of the agency in the contested case. The
56.10commissioner or the owner or lessee may seek judicial review of the administrative law
56.11judge's findings of fact, conclusions of law, and ordershall be in accordance with sections
56.1214.63
to
14.69 .
56.13 Sec. 50. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
56.14 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
56.15offer for sale in this state any used manufactured home manufactured after June 14,
56.161976, or install for occupancy any used manufactured home manufactured after June
56.1714, 1976, unless the used manufactured home complies with the Notice of Compliance
56.18Form as provided in this subdivision. If manufactured after June 14, 1976, the home
56.19must bear a label as required by the secretary. The Notice of Compliance Form shall be
56.20signed by the seller and purchaser indicating which party is responsible for either making
56.21or paying for any necessary corrections prior to the sale and transferring ownership of
56.22the manufactured home.
56.23The Notice of Compliance Form shall be substantially in the following form:
56.27used manufactured home described in the purchase agreement and on the bottom of this
56.28notice before the parties transfer ownership of a used manufactured home constructed
56.29after June 14, 1976.
56.30Electric ranges and clothes dryers must have required four-conductor cords and plugs. For
56.31the purpose of complying with the requirements of section 327B.06, a licensed retailer or
56.32limited retailer shall retain at least one copy of the form required under this subdivision.
57.1Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
57.2of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
57.3with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
57.4Code of Federal Regulations, title 24, section 3280.709 (g)).
57.7Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
57.8Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
57.9accordance with their listing or standards.
57.12Smoke alarms are required to be installed and operational in accordance with Code of
57.13Federal Regulations, title 24, section 3280.208.
57.16Carbon monoxide alarms or CO detectors that are approved and operational are required
57.17to be installed within ten feet of each room lawfully used for sleeping purposes.
57.20Egress windows are required in every bedroom with at least one operable window with
57.21a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
57.22the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
57.23operating handles, tabs, or other operational devices shall not be located more than 54
57.24inches above the finished floor.
57.27The furnace compartment of the home is required to have interior finish with a flame
57.28spread rating not exceeding 25feet, as specified in the 1976 United States Department of
57.29Housing and Urban Development Code governing manufactured housing construction.
57.32The water heater enclosure in this home is required to have interior finish with a flame
57.33spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
57.34Housing and Urban Development Code governing manufactured housing construction.
58.3The home complies with the snowload and heat zone requirements for the state of
58.4Minnesota as indicated by the data plate.
58.7The parties to this agreement have initialed all required sections and agree by their
58.8signature to complete any necessary corrections prior to the sale or transfer of ownership
58.9of the home described below as listed in the purchase agreement. The state of Minnesota
58.10or a local building official has the authority to inspect the home in the manner described in
58.11Minnesota Statutes, section327.33 , prior to or after the sale to ensure compliance was
58.12properly executed as provided under the Manufactured Home Building Code.
58.28EFFECTIVE DATE.This section is effective the day following final enactment.
58.29 Sec. 51. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
58.30 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
58.31or used manufactured home that is submitted to the local building official, third-party
58.32inspector, or the department, stamped by a licensed professional engineer or architect, and
58.33is as being in compliance with either the federal installation standards in effect at the date
58.34of manufacture, the manufacturer's installation manual, or the Minnesota State Building
58.35Code, when applicable, shall be issued a permitby the department within ten days of
58.36being received by the approving authority.
59.1EFFECTIVE DATE.This section is effective the day following final enactment.
59.2 Sec. 52. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
59.3 Subd. 1e. Reinstallation requirements forsingle-section used manufactured
59.4homes. (a) Allsingle-section used manufactured homes reinstalled less than 24 months
59.5from the date of installation by the first purchaser must be reinstalled in compliance with
59.6subdivision 1c. Allsingle-section used manufactured homes reinstalled more than 24
59.7months from the date of installation by the first purchaser may be reinstalled without
59.8a frost-protected foundation if the home is reinstalled in compliance with Minnesota
59.9Rules, chapter 1350, for above frost-line installations and the notice requirement of
59.10subdivision 1f is complied with by the seller and the purchaser of thesingle-section used
59.11manufactured home.
59.12(b) The installer shall affix an installation seal issued by the department to the
59.13outside of the home as required by the Minnesota State Building Code. The certificate
59.14of installation issued by the installer of record shall clearly state that the home has been
59.15reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
59.16for issuance of reinstallation seals shall follow the requirements of sections326B.802
59.17to
326B.885 . Fees for review of plans, specifications, and on-site inspections shall be
59.18those as specified in section326B.153, subdivision 1 , paragraph (c). Whenever an
59.19installation certificate for an above frost-line installation is issued to asingle-section used
59.20manufactured home being listed for sale, the purchase agreement must disclose that the
59.21home is installed on a nonfrost-protected foundation and recommend that the purchaser
59.22have the home inspected to determine the effects of frost on the home.
59.23EFFECTIVE DATE.This section is effective the day following final enactment.
59.24 Sec. 53. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
59.25 Subd. 1f. Notice requirement. The seller of thesingle-section used manufactured
59.26home being reinstalled under subdivision 1e shall provide the following notice to the
59.27purchaser and secure signatures of all parties to the purchase agreement on or before
59.28signing a purchase agreement prior to submitting an application for an installation
59.29certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
59.30home under subdivision 1e, the current owner is not required to comply with the notice
59.31requirement under this subdivision. The notice shall be in at least 14-point font, except the
59.32heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
59.33The notice must be printed on a separate sheet of paper in a color different than the paper
60.1on which the purchase agreement is printed. The notice becomes a part of the purchase
60.2agreement and shall be substantially in the following form:
60.5It is recommended that thesingle-section used manufactured home being reinstalled
60.6follow the instructions in the manufacturer's installation manual. By signing this notice,
60.7the purchaser(s) are acknowledging they have elected to use footings placed above the
60.8local frost line in accordance with the Minnesota State Building Code.
60.9The seller has explained the differences between the manufacturer's installation
60.10instructions and the installation system selected by the purchaser(s) with respect to
60.11possible effects of frost on the manufactured home.
60.12The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
60.13original warranty remaining on the home and recognize that any other extended or ancillary
60.14warranty could be adversely affected if any applicable warranty stipulates that the home
60.15be installed in accordance with the manufacturer's installation manual to remain effective.
60.16After the reinstallation of the manufactured home, it is highly recommended that the
60.17purchaser(s) have a licensed manufactured home installer recheck the home's installation
60.18for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
60.19The purchaser(s) of the used manufactured home described below that is being reinstalled
60.20acknowledge they have read this notice and have been advised to contact the manufacturer
60.21of the home and/or the Department of Labor and Industry if they desire additional
60.22information before signing this notice. It is the intent of this notice to inform the
60.23purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
60.24for the reinstallation of the manufactured home as originally required by the home's
60.25installation manual.
60.26Plain language notice.
60.27I understand that because this home will be installed with footings placed above the
60.28local frost line, this home may be subject to adverse effects from frost heave that may
60.29damage this home. Purchaser(s) initials: .......
60.30I understand that the installation of this home with footings placed above the local
60.31frost line could affect my ability to obtain a mortgage or mortgage insurance on this
60.32home. Purchaser(s) initials: .......
60.33I understand that the installation of this home with footings placed above the local
60.34frost line could void my warranty on the home if any warranty is still in place on this
60.35home. Purchaser(s) initials: .......
61.12Name of licensed installer and license number or homeowner responsible for the
61.13installation of the home as described above.
61.16EFFECTIVE DATE.This section is effective the day following final enactment.
61.17 Sec. 54. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
61.18 Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in
61.19accordance with sections326B.101 to
326B.151 , shall undertake or provide for the
61.20administration and enforcement of the manufactured home installation rules promulgated
61.21by the commissioner. Municipalities which have adopted the State Building Code may
61.22provide installation inspection and plan review services in noncode areas of the state.
61.23EFFECTIVE DATE.This section is effective the day following final enactment.
61.24 Sec. 55. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
61.25 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
61.26installation seals and inspections which are sufficient to cover all costs incurred in the
61.27administration of sections327.31 to
327.35 . The commissioner shall also establish by
61.28rule a monitoring inspection fee in an amount that will comply with the secretary's fee
61.29distribution program. This monitoring inspection fee shall be an amount paid by the
61.30manufacturer for each manufactured home produced in Minnesota. The monitoring
61.31inspection fee shall be paid by the manufacturer to the secretary. The rules of the
61.32fee distribution program require the secretary to distribute the fees collected from all
61.33manufactured home manufacturers among states approved and conditionally approved
61.34based on the number of new manufactured homes whose first location after leaving the
62.1manufacturer is on the premises of a distributor, dealer or purchaser in that state. Fees
62.2for inspections in areas that have not adopted the State Building Code must be equal to
62.3the fees for inspections in code areas of the state. Third party vendors may charge their
62.4usual and normal charge for inspections.
62.5EFFECTIVE DATE.This section is effective the day following final enactment.
62.6 Sec. 56. Minnesota Statutes 2010, section 327C.095, subdivision 12, is amended to
62.7read:
62.8 Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
62.9 (a) If a manufactured home owner is required to move due to the conversion of all or a
62.10portion of a manufactured home park to another use, the closure of a park, or cessation of
62.11use of the land as a manufactured home park, the manufactured park owner shall, upon
62.12the change in use, pay to the commissioner of management and budget for deposit in the
62.13Minnesota manufactured home relocation trust fund under section462A.35 , the lesser
62.14amount of the actual costs of moving or purchasing the manufactured home approved
62.15by the neutral third party and paid by the Minnesota Housing Finance Agency under
62.16subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
62.17home, and $6,000 for each multisection manufactured home, for which a manufactured
62.18home owner has made application for payment of relocation costs under subdivision 13,
62.19paragraph (c). The manufactured home park owner shall make payments required under
62.20this section to the Minnesota manufactured home relocation trust fund within 60 days of
62.21receipt of invoice from the neutral third party.
62.22 (b) A manufactured home park owner is not required to make the payment prescribed
62.23under paragraph (a), nor is a manufactured home owner entitled to compensation under
62.24subdivision 13, paragraph (a) or (e), if:
62.25 (1) the manufactured home park owner relocates the manufactured home owner to
62.26another space in the manufactured home park or to another manufactured home park at
62.27the park owner's expense;
62.28 (2) the manufactured home owner is vacating the premises and has informed the
62.29manufactured home park owner or manager of this prior to the mailing date of the closure
62.30statement under subdivision 1;
62.31 (3) a manufactured home owner has abandoned the manufactured home, or the
62.32manufactured home owner is not current on the monthly lot rental, personal property taxes;
62.33 (4) the manufactured home owner has a pending eviction action for nonpayment of
62.34lot rental amount under section327C.09 , which was filed against the manufactured home
63.1owner prior to the mailing date of the closure statement under subdivision 1, and the writ
63.2of recovery has been ordered by the district court;
63.3 (5) the conversion of all or a portion of a manufactured home park to another use,
63.4the closure of a park, or cessation of use of the land as a manufactured home park is the
63.5result of a taking or exercise of the power of eminent domain by a governmental entity
63.6or public utility; or
63.7 (6) the owner of the manufactured home is not a resident of the manufactured home
63.8park, as defined in section327C.01, subdivision 9 , or the owner of the manufactured home
63.9is a resident, but came to reside in the manufactured home park after the mailing date of
63.10the closure statement under subdivision 1.
63.11 (c) If the unencumbered fund balance in the manufactured home relocation trust fund
63.12is less than $1,000,000 as of June 30 of each year, the commissioner of management and
63.13budget shallannually assess each manufactured home park owner by mail the total amount
63.14of $12 for each licensed lot in their park, payable on or before September 15 ofeach that
63.15year. The commissioner of management and budget shall depositthe any payments in the
63.16Minnesota manufactured home relocation trust fund. On or before July 15 of each year,
63.17the commissioner of management and budget shall prepare and distribute to park owners a
63.18letter explaining whether funds are being collected for that year, information about the
63.19collection, an invoice for all licensed lots, and a sample form for the park owners to
63.20collect information on which park residents have been accounted for. If assessed under
63.21this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
63.22sum or as a monthly fee of no more than $1 collected from park residents together with
63.23monthly lot rent as provided in section327C.03, subdivision 6 . Park owners may adjust
63.24payment for lots in their park that are vacant or otherwise not eligible for contribution to
63.25the trust fund under section327C.095 , subdivision 12, paragraph (b), and deduct from the
63.26assessment accordingly.
63.27 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
63.28the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
63.29in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
63.30attorney fees, court costs, and disbursements.
63.31EFFECTIVE DATE.This section is effective the day following final enactment.
63.32 Sec. 57. REVISOR'S INSTRUCTION.
63.33The revisor of statutes shall renumber each section of Minnesota Statutes listed in
63.34column A with the number listed in column B. The revisor shall also make necessary
63.35cross-reference changes consistent with the renumbering.
64.30 Sec. 58. REPEALER.
64.31Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
64.32subdivision 3, are repealed.
64.33EFFECTIVE DATE.This section is effective January 1, 2012.
1.3fees, and licensing provisions; modifying certain occupational continuing
1.4education requirements; clarifying and modifying regulation of medical gas
1.5system and manufactured home provisions; requiring reports; appropriating
1.6money for jobs, economic development, and housing purposes;amending
1.7Minnesota Statutes 2010, sections 116J.035, by adding a subdivision; 116J.8737,
1.8subdivisions 1, 2, 4; 116L.3625; 116L.62; 154.06; 154.065, subdivision 2;
1.9154.08; 154.11, subdivision 1; 154.12; 181.723, subdivision 5; 182.6553,
1.10subdivision 6; 268.18, subdivisions 2, 2b; 268.199; 298.17; 326B.04, subdivision
1.112; 326B.091; 326B.098; 326B.13, subdivision 8; 326B.148, subdivision 1;
1.12326B.42, subdivisions 8, 9, 10, by adding subdivisions; 326B.435, subdivision
1.132; 326B.438; 326B.46, subdivisions 1a, 1b, 2, 3; 326B.47, subdivisions 1, 3;
1.14326B.49, subdivision 1; 326B.56, subdivision 1; 326B.58; 326B.82, subdivisions
1.152, 3, 7, 9; 326B.821, subdivisions 1, 5, 5a, 6, 7, 8, 9, 10, 11, 12, 15, 16, 18, 19,
1.1620, 22, 23; 326B.865; 326B.89, subdivisions 6, 8; 327.32, subdivisions 1a, 1b,
1.171e, 1f, 7; 327.33, subdivision 2; 327C.095, subdivision 12; 341.321; Laws 2009,
1.18chapter 78, article 1, section 18; proposing coding for new law in Minnesota
1.19Statutes, chapter 326B; repealing Minnesota Statutes 2010, sections 326B.82,
1.20subdivisions 4, 6; 326B.821, subdivision 3.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.24 1.25 |
Section 1. JOBS, ECONOMIC DEVELOPMENT, AND HOUSING APPROPRIATIONS. |
||||||
1.27in this article.
| 2.3 |
Sec. 2. JOBS, ECONOMIC DEVELOPMENT, AND HOUSING. |
||||||
2.5agencies and for the purposes specified in this article. The appropriations are from the
2.6general fund, or another named fund, and are available for the fiscal years indicated
2.7for each purpose. The figures "2012" and "2013" used in this article mean that the
2.8appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.9June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.10year 2013. "The biennium" is fiscal years 2012 and 2013.
| 2.11 |
APPROPRIATIONS |
||||||
| 2.12 |
Available for the Year |
||||||
| 2.13 |
Ending June 30 |
||||||
| 2.14 |
2012 |
2013 |
|||||
| 2.15 2.16 |
Sec. 3. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
||||||
| 2.17 |
Subdivision 1.Total Appropriation |
$ |
53,044,000 |
$ |
50,819,000 |
||
| 2.18 |
Appropriations by Fund |
||
| 2.19 |
2012 |
2013 |
|
| 2.20 |
General |
38,850,000 |
36,625,000 |
| 2.21 |
Remediation |
700,000 |
700,000 |
| 2.22 2.23 |
Workforce Development |
13,494,000 |
13,494,000 |
2.25purpose are specified in the following
2.26subdivisions.
| 2.27 2.28 |
Subd. 2.Business and Community Development |
9,166,000 |
6,941,000 |
||||
| 2.29 |
Appropriations by Fund |
||
| 2.30 |
General |
8,186,000 |
5,961,000 |
| 2.31 |
Remediation |
700,000 |
700,000 |
| 2.32 2.33 |
Workforce Development |
280,000 |
280,000 |
2.35second year are from the remediation fund for
2.36contaminated site cleanup and development
3.1grants under Minnesota Statutes, section
3.2116J.554. This appropriation is available
3.3until expended.
3.4(b) $970,000 the first year and $970,000 the
3.5second year are from the general fund for
3.6contaminated site cleanup and development
3.7grants under Minnesota Statutes, section
3.8116J.554.
3.9(c) $1,086,000 the first year and $1,086,000
3.10the second year are from the general fund for
3.11the Minnesota Trade Office.
3.12(d) $150,000 each year is from the general
3.13fund for a grant to WomenVenture for
3.14women's business development programs
3.15and for programs that encourage and assist
3.16women to enter nontraditional careers in the
3.17trades; manual and technical occupations;
3.18science, technology, engineering, and
3.19mathematics-related occupations; and green
3.20jobs. This appropriation may be matched
3.21dollar for dollar with any resources available
3.22from the federal government for these
3.23purposes with priority given to initiatives
3.24that have a goal of increasing by at least ten
3.25percent the number of women in occupations
3.26where women currently comprise less than
3.2725 percent of the workforce.
3.28(e) $75,000 each year is from the general
3.29fund and $40,000 each year is from the
3.30workforce development fund for a grant to
3.31the Metropolitan Economic Development
3.32Association for continuing minority business
3.33development programs in the metropolitan
3.34area. This appropriation must be used for the
3.35sole purpose of providing free or reduced
4.1fee business consulting services to minority
4.2entrepreneurs and contractors.
4.3(f)(1) $425,000 the first year is a onetime
4.4appropriation from the general fund for a
4.5grant to BioBusiness Alliance of Minnesota
4.6for bioscience business development
4.7programs to promote and position the state
4.8as a global leader in bioscience business
4.9activities. These funds may be used to create,
4.10recruit, retain, and expand biobusiness
4.11activity in Minnesota; implement the
4.12destination 2025 statewide plan; update
4.13a statewide assessment of the bioscience
4.14industry and the competitive position of
4.15Minnesota-based bioscience businesses
4.16relative to other states and other nations;
4.17and develop and implement business and
4.18scenario-planning models to create, recruit,
4.19retain, and expand biobusiness activity in
4.20Minnesota.
4.21(2) The BioBusiness Alliance must report
4.22each year by February 15 to the committees
4.23of the house of representatives and the senate
4.24having jurisdiction over bioscience industry
4.25activity in Minnesota on the use of funds;
4.26the number of bioscience businesses and
4.27jobs created, recruited, retained, or expanded
4.28in the state since the last reporting period;
4.29the competitive position of the biobusiness
4.30industry; and utilization rates and results of
4.31the business and scenario-planning models
4.32and outcomes resulting from utilization of
4.33the business and scenario-planning models.
4.34(g) $50,000 the first year is from the general
4.35fund for a grant to the Minnesota Inventors
5.1Congress, of which at least $5,000 must be
5.2used for youth inventors. This is a onetime
5.3appropriation.
5.4(h)(1) $90,000 each year is from the
5.5workforce development fund for a grant
5.6under Minnesota Statutes, section 116J.421,
5.7to the Rural Policy and Development
5.8Center at St. Peter, Minnesota. The grant
5.9shall be used for research and policy
5.10analysis on emerging economic and social
5.11issues in rural Minnesota, to serve as a
5.12policy resource center for rural Minnesota
5.13communities, to encourage collaboration
5.14across higher education institutions, to
5.15provide interdisciplinary team approaches
5.16to research and problem-solving in rural
5.17communities, and to administer overall
5.18operations of the center.
5.19(2) The grant shall be provided upon the
5.20condition that each state-appropriated
5.21dollar be matched with a nonstate dollar.
5.22Acceptable matching funds are nonstate
5.23contributions that the center has received and
5.24have not been used to match previous state
5.25grants. Any funds not spent the first year are
5.26available the second year.
5.27(i)(1) $150,000 each year is appropriated
5.28from the workforce development fund for
5.29grants of $50,000 to eligible organizations
5.30each year to assist in the development of
5.31entrepreneurs and small businesses. Each
5.32state grant dollar must be matched with $1
5.33of nonstate funds. Any balance in the first
5.34year does not cancel but is available in the
5.35second year.
6.1(2) Three grants must be awarded to
6.2continue or to develop a program. One
6.3grant must be awarded to the Riverbend
6.4Center for Entrepreneurial Facilitation
6.5in Blue Earth County, and two to other
6.6organizations serving Faribault and Martin
6.7Counties. Grant recipients must report to the
6.8commissioner by February 1 of each year
6.9that the organization receives a grant with the
6.10number of customers served; the number of
6.11businesses started, stabilized, or expanded;
6.12the number of jobs created and retained; and
6.13business success rates. The commissioner
6.14must report to the house of representatives
6.15and senate committees with jurisdiction
6.16over economic development finance on the
6.17effectiveness of these programs for assisting
6.18in the development of entrepreneurs and
6.19small businesses.
6.20(j) $1,000,000 the first year is from the
6.21general fund for the Minnesota Investment
6.22Fund under Minnesota Statutes, section
6.23116J.8731. The appropriation is available
6.24until spent. This is a onetime appropriation
6.25and is not added to the agency's base.
6.26(k) $750,000 the first year is from the general
6.27fund for the redevelopment account under
6.28Minnesota Statutes, section 116J.571. This
6.29is a onetime appropriation and is available
6.30until spent.
| 6.31 |
Subd. 3.Workforce Development |
43,020,000 |
43,020,000 |
||||
| 6.32 |
Appropriations by Fund |
||
| 6.33 |
General |
29,806,000 |
29,806,000 |
| 6.34 6.35 |
Workforce Development |
13,214,000 |
13,214,000 |
7.2fund for the Minnesota job skills partnership
7.3program under Minnesota Statutes, sections
7.4116L.01 to 116L.17. If the appropriation for
7.5either year is insufficient, the appropriation
7.6for the other year is available. This
7.7appropriation is available until spent.
7.8(b) $10,800,000 each year is from the general
7.9fund for the state's vocational rehabilitation
7.10program under Minnesota Statutes, chapter
7.11268A.
7.12(c) $5,928,000 each year is from the general
7.13fund for the state services for the blind
7.14activities.
7.15(d) $2,150,000 each year is from the general
7.16fund for grants to centers for independent
7.17living under Minnesota Statutes, section
7.18268A.11.
7.19(e) $315,000 each year is from the general
7.20fund and $105,000 each year is from the
7.21workforce development fund for a grant
7.22under Minnesota Statutes, section 116J.8747,
7.23to Twin Cities RISE! to provide training to
7.24hard-to-train individuals. Funds unexpended
7.25in the first year are available for expenditure
7.26in the second year.
7.27(f) $100,000 each year is from the general
7.28fund for a grant to Northern Connections
7.29in Perham to implement and operate a
7.30workforce program that provides one-stop
7.31supportive services to individuals as they
7.32transition into the workforce.
7.33(g) $5,091,000 each year is from the general
7.34fund and $6,527,000 each year is from the
7.35workforce development fund for extended
8.1employment services for persons with severe
8.2disabilities or related conditions under
8.3Minnesota Statutes, section 268A.15. Of
8.4the general fund appropriation, $125,000
8.5each year is to supplement funds paid for
8.6wage incentives for the community support
8.7fund established in Minnesota Rules, part
8.83300.2045.
8.9(h) $1,479,000 each year is from the general
8.10fund for grants to programs that provide
8.11employment support services to persons with
8.12mental illness under Minnesota Statutes,
8.13sections 268A.13 and 268A.14. Grants
8.14may be used for special projects for young
8.15people with mental illness transitioning from
8.16school to work and people with serious
8.17mental illness receiving services through
8.18a mental health court or civil commitment
8.19court. Special projects must demonstrate
8.20interagency collaboration.
8.21(i) $135,000 each year is from the general
8.22fund and $163,000 each year is from the
8.23workforce development fund for a grant
8.24under Minnesota Statutes, section 268A.03,
8.25to Rise, Inc. for the Minnesota Employment
8.26Center for People Who are Deaf or Hard of
8.27Hearing. Money not expended the first year
8.28is available the second year.
8.29(j) $80,000 each year is from the general fund
8.30and $160,000 each year is from the workforce
8.31development fund for a grant to Lifetrack
8.32Resources for its immigrant and refugee
8.33collaborative program, including those
8.34related to job-seeking skills and workplace
8.35orientation, intensive job development,
9.1functional work English, and on-site job
9.2coaching. This appropriation may also be
9.3used in Rochester.
9.4(k) $1,100,000 each year is from the
9.5workforce development fund for the
9.6Opportunities Industrialization Center
9.7programs. The OIC state council must
9.8not be colocated with the Department of
9.9Employment and Economic Development.
9.10(l) $2,450,000 the first year is a onetime
9.11appropriation from the workforce
9.12development fund for the Minnesota youth
9.13program under Minnesota Statutes, sections
9.14116L.56 and 116L.561.
9.15(m) $630,000 the first year is a onetime
9.16appropriation from the workforce
9.17development fund for grants for the
9.18Minneapolis summer youth employment
9.19program. The commissioner shall establish
9.20criteria for awarding the grant.
9.21Of this appropriation, 25 percent is for a grant
9.22to the Minneapolis learn-to-earn summer
9.23youth employment program.
9.24(n) $750,000 the first year is a onetime
9.25appropriation from the workforce
9.26development fund for a grant to the
9.27Minnesota Alliance of Boys and Girls
9.28Clubs to administer a statewide project
9.29of youth jobs skills development. This
9.30project, which may have career guidance
9.31components, including health and life skills,
9.32is to encourage, train, and assist youth in
9.33job-seeking skills, workplace orientation,
9.34and job-site knowledge through coaching.
9.35This grant requires a 25 percent match
10.1from nonstate resources. The Alliance may
10.2work collaboratively with the Minneapolis
10.3Park Board for summer youth employment
10.4programming.
10.5(o) $391,000 the first year is a onetime
10.6appropriation from the workforce
10.7development fund for grants to fund summer
10.8youth employment in St. Paul. The
10.9commissioner shall establish criteria for
10.10awarding the grant.
10.11(p) $700,000 the first year is a onetime
10.12appropriation from the workforce
10.13development fund for the youthbuild
10.14program under Minnesota Statutes, sections
10.15116L.361 to 116L.366.
10.16(q) $238,000 the first year is a onetime
10.17appropriation from the workforce
10.18development fund for grants to provide
10.19interpreters for a regional transition program
10.20that specializes in providing culturally
10.21appropriate transition services leading to
10.22employment for deaf, hard-of-hearing, and
10.23deafblind students.
10.24(r) $5,159,000 the second year is from
10.25the workforce development fund for the
10.26youth workforce development competitive
10.27grant pilot program. The commissioner
10.28shall develop and implement a competitive
10.29grant program to provide workforce
10.30training services to youth in Minnesota.
10.31Of this amount, up to five percent is for
10.32administering and monitoring this program.
10.33The commissioner shall report by October
10.3415, 2011, to the standing committees of the
10.35senate and house of representatives having
11.1jurisdiction over workforce development
11.2issues on program parameters and criteria
11.3developed for the competitive grants under
11.4this paragraph. This appropriation is added
11.5to the agency's base.
| 11.6 |
Subd. 4.State-Funded Administration |
858,000 |
858,000 |
||||
| 11.7 |
Sec. 4. HOUSING FINANCE AGENCY |
||||||
| 11.8 |
Subdivision 1.Total Appropriation |
$ |
36,251,000 |
$ |
36,251,000 |
||
11.10purpose are specified in the following
11.11subdivisions.
11.12This appropriation is for transfer to the
11.13housing development fund for the programs
11.14specified. Except as otherwise indicated, this
11.15transfer is part of the agency's permanent
11.16budget base.
| 11.17 |
Subd. 2.Challenge Program |
7,059,000 |
7,059,000 |
||||
11.19challenge program under Minnesota
11.20Statutes, section 462A.33. Of this amount,
11.21$1,208,000 each year shall be made available
11.22during the first eight months of the fiscal
11.23year exclusively for housing projects for
11.24American Indians. Any funds not committed
11.25to housing projects for American Indians in
11.26the first eight months of the fiscal year shall
11.27be available for any eligible activity under
11.28Minnesota Statutes, section 462A.33.
| 11.29 |
Subd. 3.Housing Trust Fund |
8,305,000 |
8,305,000 |
||||
11.31for the purposes provided under Minnesota
11.32Statutes, section 462A.201.
| 11.33 |
Subd. 4.Rental Assistance for Mentally Ill |
2,638,000 |
2,638,000 |
||||
12.2persons with a mental illness or families with
12.3an adult member with a mental illness under
12.4Minnesota Statutes, section
| 12.5 |
Subd. 5.Family Homeless Prevention |
7,465,000 |
7,465,000 |
||||
12.7assistance programs under Minnesota
12.8Statutes, section
| 12.9 |
Subd. 6.Home Ownership Assistance Fund |
797,000 |
797,000 |
||||
12.11under Minnesota Statutes, section 462A.21,
12.12subdivision 8. The annual interest rate on
12.13loans provided under Minnesota Statutes,
12.14section 462A.21, subdivision 8, must equal
12.15two percent.
| 12.16 |
Subd. 7.Affordable Rental Investment Fund |
6,813,000 |
6,813,000 |
||||
12.18program under Minnesota Statutes, section
12.19
12.20is to finance the acquisition, rehabilitation,
12.21and debt restructuring of federally assisted
12.22rental property and for making equity
12.23take-out loans under Minnesota Statutes,
12.24section 462A.05, subdivision 39.
12.25(b) The owner of federally assisted rental
12.26property must agree to participate in
12.27the applicable federally assisted housing
12.28program and to extend any existing
12.29low-income affordability restrictions on the
12.30housing for the maximum term permitted.
12.31The owner must also enter into an agreement
12.32that gives local units of government,
12.33housing and redevelopment authorities,
12.34and nonprofit housing organizations the
13.1right of first refusal if the rental property
13.2is offered for sale. Priority must be given
13.3among comparable federally assisted rental
13.4properties to properties with the longest
13.5remaining term under an agreement for
13.6federal assistance. Priority must also be
13.7given among comparable rental housing
13.8developments to developments that are or
13.9will be owned by local government units, a
13.10housing and redevelopment authority, or a
13.11nonprofit housing organization.
13.12(c) The appropriation also may be used to
13.13finance the acquisition, rehabilitation, and
13.14debt restructuring of existing supportive
13.15housing properties. For purposes of this
13.16subdivision, "supportive housing" means
13.17affordable rental housing with links to
13.18services necessary for individuals, youth, and
13.19families with children to maintain housing
13.20stability.
| 13.21 |
Subd. 8.Housing Rehabilitation |
2,449,000 |
2,449,000 |
||||
13.23under Minnesota Statutes, section
13.24subdivision 14, for rental housing
13.25developments.
| 13.26 13.27 |
Subd. 9.Homeownership Education, Counseling, and Training |
600,000 |
600,000 |
||||
13.29counseling, and training program under
13.30Minnesota Statutes, section
13.31Notwithstanding Minnesota Statutes, section
13.32462A.209, subdivision 7, paragraph (b),
13.33more than one-half of the funds awarded
13.34for foreclosure prevention and assistance
14.1activities may be used for mortgage or
14.2financial counseling services.
| 14.3 |
Subd. 10.Capacity-Building Grants |
125,000 |
125,000 |
||||
14.5under Minnesota Statutes, section 462A.21,
14.6subdivision 3b.
| 14.7 14.8 |
Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY |
||||||
| 14.9 |
Subdivision 1.Total Appropriation |
$ |
22,328,000 |
$ |
22,328,000 |
||
| 14.10 |
Appropriations by Fund |
||
| 14.11 |
2012 |
2013 |
|
| 14.12 |
General |
800,000 |
800,000 |
| 14.13 14.14 |
Workers' Compensation |
20,871,000 |
20,871,000 |
| 14.15 14.16 |
Workforce Development |
657,000 |
657,000 |
14.18purpose are specified in the following
14.19subdivisions.
| 14.20 |
Subd. 2.Workers' Compensation |
14,832,000 |
14,832,000 |
||||
14.22compensation fund.
14.23$200,000 each year is for grants to the
14.24Vinland Center for rehabilitation services.
14.25Grants shall be distributed as the department
14.26refers injured workers to the Vinland Center
14.27for rehabilitation services.
| 14.28 |
Subd. 3.Labor Standards and Apprenticeship |
1,457,000 |
1,457,000 |
||||
| 14.29 |
Appropriations by Fund |
||
| 14.30 |
General |
800,000 |
800,000 |
| 14.31 14.32 |
Workforce Development |
657,000 |
657,000 |
14.34the workforce development fund for the
15.1apprenticeship program under Minnesota
15.2Statutes, chapter 178.
| 15.3 |
Subd. 4.General Support |
6,039,000 |
6,039,000 |
||||
15.5compensation fund.
| 15.6 15.7 |
Sec. 6. BUREAU OF MEDIATION SERVICES |
||||||
| 15.8 |
Subdivision 1.Total Appropriation |
$ |
1,525,000 |
$ |
1,525,000 |
||
15.10purpose are specified in the following
15.11subdivisions.
| 15.12 |
Subd. 2.Mediation Services |
1,471,000 |
1,471,000 |
||||
| 15.13 15.14 |
Subd. 3.Labor Management Cooperation Grants |
54,000 |
54,000 |
||||
15.16management committees. Grants may be
15.17awarded for a 12-month period beginning
15.18July 1 each year. Any unencumbered balance
15.19remaining at the end of the first year does not
15.20cancel but is available for the second year.
| 15.21 15.22 |
Sec. 7. WORKERS' COMPENSATION COURT OF APPEALS |
$ |
1,703,000 |
$ |
1,703,000 |
||
15.24compensation fund.
| 15.25 |
Sec. 8. BOARD OF ACCOUNTANCY |
$ |
480,000 |
$ |
480,000 |
||
| 15.26 15.27 15.28 15.29 |
Sec. 9. BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN |
$ |
774,000 |
$ |
774,000 |
||
| 15.30 15.31 |
Sec. 10. BOARD OF COSMETOLOGIST EXAMINERS |
$ |
1,046,000 |
$ |
1,046,000 |
||
| 15.32 |
Sec. 11. BOARD OF BARBER EXAMINERS |
$ |
257,000 |
$ |
257,000 |
||
| 16.1 16.2 |
Sec. 12. MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY |
$ |
107,000 |
$ |
0 |
||
| 16.4 |
Sec. 13. TRANSFERS |
||||||
16.6of iron range resources shall transfer
16.7$60,000,000 from the Douglas J. Johnson
16.8Economic Protection Trust to the general
16.9fund. This is a onetime transfer.
16.10The unexpended balance, estimated to
16.11be $1,575,000, of funds collected for
16.12unemployment insurance state administration
16.13under Minnesota Statutes, section 268.18,
16.14subdivision 2, is transferred to the general
16.15fund.
16.18 Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
16.19subdivision to read:
16.20 Subd. 7. Monitoring pass-through grant recipients. The commissioner shall
16.21monitor the activities and outcomes of programs and services funded by legislative
16.22appropriations and administered by the department on a pass-through basis. Unless
16.23amounts are otherwise appropriated for administrative costs, the commissioner may
16.24retain up to five percent of the amount appropriated to the department for grants to
16.25pass-through entities. Amounts retained are deposited to a special revenue account and
16.26are appropriated to the commissioner for costs incurred in administering and monitoring
16.27the pass-through grants.
16.28 Sec. 2. Minnesota Statutes 2010, section 116J.8737, subdivision 1, is amended to read:
16.29 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
16.30have the meanings given.
16.31(b) "Qualified small business" means a business that has been certified by the
16.32commissioner under subdivision 2.
17.1(c) "Qualified investor" means an investor who has been certified by the
17.2commissioner under subdivision 3.
17.3(d) "Qualified fund" means a pooled angel investment network fund that has been
17.4certified by the commissioner under subdivision 4.
17.5(e) "Qualified investment" means a cash investment in a qualified small business
17.6of a minimum of:
17.7(1) $10,000 in a calendar year by a qualified investor; or
17.8(2) $30,000 in a calendar year by a qualified fund.
17.9A qualified investment must be made in exchange for common stock, a partnership
17.10or membership interest, preferred stock, debt with mandatory conversion to equity, or an
17.11equivalent ownership interest as determined by the commissioner.
17.12(f) "Family" means a family member within the meaning of the Internal Revenue
17.13Code, section 267(c)(4).
17.14(g) "Pass-through entity" means a corporation that for the applicable taxable year is
17.15treated as an S corporation or a general partnership, limited partnership, limited liability
17.16partnership, trust, or limited liability company and which for the applicable taxable year is
17.17not taxed as a corporation under chapter 290.
17.18(h) "Intern" means a student of an accredited institution of higher education, or a
17.19former student who has graduated in the past six months from an accredited institution
17.20of higher education, who is employed by a qualified small business in a nonpermanent
17.21position for a duration of nine months or less that provides training and experience in the
17.22primary business activity of the business.
17.23EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.
17.24 Sec. 3. Minnesota Statutes 2010, section 116J.8737, subdivision 2, is amended to read:
17.25 Subd. 2. Certification of qualified small businesses. (a) Businesses may apply
17.26to the commissioner for certification as a qualified small business for a calendar year.
17.27The application must be in the form and be made under the procedures specified by the
17.28commissioner, accompanied by an application fee of $150. Application fees are deposited
17.29in the small business investment tax credit administration account in the special revenue
17.30fund. The application for certification for 2010 must be made available on the department's
17.31Web site by August 1, 2010. Applications for subsequent years' certification must be made
17.32available on the department's Web site by November 1 of the preceding year.
17.33(b) Within 30 days of receiving an application for certification under this subdivision,
17.34the commissioner must either certify the business as satisfying the conditions required of a
17.35qualified small business, request additional information from the business, or reject the
18.1application for certification. If the commissioner requests additional information from the
18.2business, the commissioner must either certify the business or reject the application within
18.330 days of receiving the additional information. If the commissioner neither certifies the
18.4business nor rejects the application within 30 days of receiving the original application or
18.5within 30 days of receiving the additional information requested, whichever is later, then
18.6the application is deemed rejected, and the commissioner must refund the $150 application
18.7fee. A business that applies for certification and is rejected may reapply.
18.8(c) To receive certification, a business must satisfy all of the following conditions:
18.9(1) the business has its headquarters in Minnesota;
18.10(2) at least 51 percent of the business's employees are employed in Minnesota, and
18.1151 percent of the business's total payroll is paid or incurred in the state;
18.12(3) the business is engaged in, or is committed to engage in, innovation in Minnesota
18.13in one of the following as its primary business activity:
18.14(i) using proprietary technology to add value to a product, process, or service in a
18.15qualified high-technology field;
18.16(ii) researching or developing a proprietary product, process, or service in a qualified
18.17high-technology field; or
18.18(iii) researching, developing, or producing a new proprietary technology for use in
18.19the fields of agriculture, tourism, forestry, mining, manufacturing, or transportation;
18.20(4) other than the activities specifically listed in clause (3), the business is not
18.21engaged in real estate development, insurance, banking, lending, lobbying, political
18.22consulting, information technology consulting, wholesale or retail trade, leisure,
18.23hospitality, transportation, construction, ethanol production from corn, or professional
18.24services provided by attorneys, accountants, business consultants, physicians, or health
18.25care consultants;
18.26(5) the business has fewer than 25 employees;
18.27(6) the business must pay its employees annual wages of at least 175 percent of the
18.28federal poverty guideline for the year for a family of four and must pay its interns annual
18.29wages of at least 175 percent of the federal minimum wage used for federally covered
18.30employers, except that this requirement must be reduced proportionately for employees
18.31and interns who work less than full-time, and does not apply to an executive, officer, or
18.32member of the board of the business, or to any employee who owns, controls, or holds
18.33power to vote more than 20 percent of the outstanding securities of the business;
18.34(7) the business has not been in operation for more than ten years;
18.35(8) the business has not previously received private equity investments of more
18.36than
19.1 (9) the business is not an entity disqualified under section
19.2clause (3).
19.3(d) In applying the limit under paragraph (c), clause (5), the employees in all
19.4members of the unitary business, as defined in section
19.5included.
19.6(e) In order for a qualified investment in a business to be eligible for tax credits, the
19.7business must have applied for and received certification for the calendar year in which
19.8the investment was made prior to the date on which the qualified investment was made.
19.9(f) The commissioner must maintain a list of businesses certified under this
19.10subdivision for the calendar year and make the list accessible to the public on the
19.11department's Web site.
19.12(g) For purposes of this subdivision, the following terms have the meanings given:
19.13(1) "qualified high-technology field" includes aerospace, agricultural processing,
19.14renewable energy, energy efficiency and conservation, environmental engineering, food
19.15technology, cellulosic ethanol, information technology, materials science technology,
19.16nanotechnology, telecommunications, biotechnology, medical device products,
19.17pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar
19.18fields; and
19.19(2) "proprietary technology" means the technical innovations that are unique and
19.20legally owned or licensed by a business and includes, without limitation, those innovations
19.21that are patented, patent pending, a subject of trade secrets, or copyrighted.
19.22EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.
19.23 Sec. 4. Minnesota Statutes 2010, section 116J.8737, subdivision 4, is amended to read:
19.24 Subd. 4. Certification of qualified funds. (a) A pass-through entity may apply to
19.25the commissioner for certification as a qualified fund for a calendar year. The application
19.26must be in the form and be made under the procedures specified by the commissioner,
19.27accompanied by an application fee of $1,000. Application fees are deposited in the small
19.28business investment tax credit administration account in the special revenue fund. The
19.29application for certification for 2010 of qualified funds must be made available on the
19.30department's Web site by August 1, 2010. Applications for subsequent years' certification
19.31must be made available by November 1 of the preceding year.
19.32(b) Within 30 days of receiving an application for certification under this subdivision,
19.33the commissioner must either certify the fund as satisfying the conditions required of a
19.34qualified fund, request additional information from the fund, or reject the application
19.35for certification. If the commissioner requests additional information from the fund,
20.1the commissioner must either certify the fund or reject the application within 30 days
20.2of receiving the additional information. If the commissioner neither certifies the fund
20.3nor rejects the application within 30 days of receiving the original application or within
20.430 days of receiving the additional information requested, whichever is later, then the
20.5application is deemed rejected, and the commissioner must refund the $1,000 application
20.6fee. A fund that applies for certification and is rejected may reapply.
20.7(c) To receive certification, a fund must:
20.8(1) invest or intend to invest in qualified small businesses;
20.9(2) be organized as a pass-through entity; and
20.10(3) have at least three separate investors,
20.11is made in the certified business and who seek a tax credit allocation satisfy the conditions
20.12in subdivision 3, paragraph (c).
20.13(d) Investments in the fund may consist of equity investments or notes that pay
20.14interest or other fixed amounts, or any combination of both.
20.15(e) In order for a qualified investment in a qualified small business to be eligible for
20.16tax credits, a qualified fund that makes the investment must have applied for and received
20.17certification for the calendar year prior to making the qualified investment.
20.18EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.
20.19 Sec. 5. Minnesota Statutes 2010, section 116L.3625, is amended to read:
20.20116L.3625 ADMINISTRATIVE COSTS.
20.21The commissioner may use up to five percent of the biennial appropriation for
20.22Youthbuild
20.23Youthbuild during the biennium.
20.24 Sec. 6. Minnesota Statutes 2010, section 116L.62, is amended to read:
20.25116L.62 DISTRIBUTION AND USE OF STATE MONEY.
20.26The commissioner shall distribute the money appropriated for:
20.27(a) comprehensive job training and related services or job opportunities programs
20.28for economically disadvantaged, unemployed, and underemployed individuals, including
20.29persons of limited English speaking ability, through opportunities industrialization
20.30centers; and
20.31(b) the establishment and operation in Minnesota of these centers.
21.1The commissioner may use up to five percent of the appropriation for opportunities
21.2industrialization center programs to pay costs incurred by the department in administering
21.3the programs.
21.4Comprehensive job training and related services include: recruitment, counseling,
21.5remediation, motivational prejob training, vocational training, job development, job
21.6placement, and other appropriate services enabling individuals to secure and retain
21.7employment at their maximum capacity.
21.8 Sec. 7. Minnesota Statutes 2010, section 154.06, is amended to read:
21.9154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
21.10REGISTERED APPRENTICE.
21.11 Subdivision 1. Qualifications; duration or registration. (a) A person is qualified
21.12to receive a certificate of registration as a registered apprentice:
21.13(1) who has completed at least ten grades of an approved school;
21.14(2) who has graduated from a barber school approved by the board; and
21.15(3) who has passed an examination conducted by the board to determine fitness to
21.16practice as a registered apprentice.
21.17(b) An applicant for a certificate of registration to practice as an apprentice who fails
21.18to pass the examination conducted by the board is required to complete a further course
21.19of study of at least 500 hours, of not more than eight hours in any one working day,
21.20in a barber school approved by the board.
21.21(c) A certificate of registration of an apprentice shall be valid for four years from the
21.22date the certificate of registration is issued by the board and shall not be renewed. During
21.23the four-year period the certificate of registration shall remain in full force and effect only
21.24if the apprentice complies with all the provisions of sections
21.26an annual fee, and the rules of the board.
21.27 Subd. 2. Limited extension of registration. (a) If a registered apprentice, during
21.28the term in which the certificate of registration is in effect, enters full-time active duty in
21.29the armed forces of the United States of America, the expiration date of the certificate
21.30of registration shall be extended by a period of time equal to the period or periods of
21.31active duty.
21.32(b) The expiration date of a certificate issued to a person while incarcerated shall be
21.33extended once so that it expires four years from the date of first release from a correctional
21.34facility after the person becomes a registered apprentice. This paragraph applies when a
21.35person graduates from a barber school approved by the board and is issued a certificate of
22.1registration while incarcerated by the Department of Corrections or the Federal Bureau
22.2of Prisons.
22.3 Sec. 8. Minnesota Statutes 2010, section 154.065, subdivision 2, is amended to read:
22.4 Subd. 2. Qualifications. A person is qualified to receive a certificate of registration
22.5as an instructor of barbering who:
22.6(1) is a graduate from an approved high school, or its equivalent, as determined by
22.7examination by the Department of Education;
22.8(2) has
22.9completed instructor barber training from a board-approved program of not less than
22.1040 clock hours, or completed a college or university program resulting in a technical
22.11or vocational education certificate or its equivalent, issued by an accredited college or
22.12university and approved by the board;
22.13(3) is currently a registered barber in this state and has at least three years experience
22.14as a registered barber in this state, or its equivalent as determined by the board; and
22.15(4) has passed an examination conducted by the board to determine fitness to
22.16instruct in barbering.
22.17
22.18
22.19
22.20 Sec. 9. Minnesota Statutes 2010, section 154.08, is amended to read:
22.21154.08 APPLICATION; FEE.
22.22Each applicant for an examination shall:
22.23(1) make application to the Board of Barber Examiners on blank forms prepared and
22.24furnished by it, the application to contain proof under the applicant's oath of the particular
22.25qualifications and identity of the applicant;
22.26(2)
22.27
22.28
22.29government-issued picture identification as proof of identity when the applicant appears
22.30for examination; and
22.31(3) pay to the board the required fee.
22.32 Sec. 10. Minnesota Statutes 2010, section 154.11, subdivision 1, is amended to read:
23.1 Subdivision 1. Examination of nonresidents. A person who meets all of the
23.2requirements for barber registration in sections
23.4of registration, or an equivalent as a practicing barber or instructor of barbering from
23.5another state or country which in the discretion of the board has substantially the same
23.6requirements for registering barbers and instructors of barbering as required by sections
23.8can prove by sworn affidavits practice as a barber or instructor of barbering in another
23.9state or country for at least five years immediately prior to making application in this state,
23.10shall, upon payment of the required fee, be issued a certificate of registration without
23.11examination
23.12
23.13 Sec. 11. Minnesota Statutes 2010, section 154.12, is amended to read:
23.14154.12 EXAMINATION OF NONRESIDENT APPRENTICES.
23.15A person who meets all of the requirements for registration as a barber in sections
23.17who has a license, a certificate of registration, or its equivalent as an apprentice in a state
23.18or country which in the discretion of the board has substantially the same requirements for
23.19registration as an apprentice as is provided by sections
23.20to
23.21fee, be issued a certificate of registration without examination
23.22
23.23 Sec. 12. Minnesota Statutes 2010, section 268.18, subdivision 2, is amended to read:
23.24 Subd. 2. Overpayment because of fraud. (a) Any applicant who receives
23.25unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose
23.26any material fact, or who makes a false statement or representation without a good faith
23.27belief as to the correctness of the statement or representation, has committed fraud. After
23.28the discovery of facts indicating fraud, the commissioner must make a determination
23.29that the applicant obtained unemployment benefits by fraud and that the applicant must
23.30promptly repay the unemployment benefits to the trust fund. In addition, the commissioner
23.31must assess a penalty equal to 40 percent of the amount fraudulently obtained. This
23.32penalty is in addition to penalties under section
23.33 (b) Unless the applicant files an appeal within 20 calendar days after the sending
23.34of the determination of overpayment by fraud to the applicant by mail or electronic
24.1transmission, the determination is final. Proceedings on the appeal are conducted in
24.2accordance with section
24.3 (c) If the applicant fails to repay the unemployment benefits, penalty, and interest
24.4assessed, the total due may be collected by the methods allowed under state and federal
24.5law. A determination of overpayment by fraud must state the methods of collection the
24.6commissioner may use to recover the overpayment. Money received in repayment of
24.7fraudulently obtained unemployment benefits, penalties, and interest is first applied to the
24.8unemployment benefits overpaid, then to the penalty amount due, then to any interest due.
24.9
24.10account
24.11 (d) If an applicant has been overpaid unemployment benefits under the law of
24.12another state because of fraud and that state certifies that the applicant is liable to repay
24.13the unemployment benefits and requests the commissioner to recover the overpayment,
24.14the commissioner may offset from future unemployment benefits otherwise payable the
24.15amount of overpayment.
24.16 (e) Unemployment benefits paid for weeks more than four years before the date of a
24.17determination of overpayment by fraud issued under this subdivision are not considered
24.18overpaid unemployment benefits.
24.19 Sec. 13. Minnesota Statutes 2010, section 268.18, subdivision 2b, is amended to read:
24.20 Subd. 2b. Interest. (a) On any unemployment benefits fraudulently obtained, and
24.21any penalty amounts assessed under subdivision 2, the commissioner must assess interest
24.22at the rate of 1-1/2 percent per month on any amount that remains unpaid beginning
24.2330 calendar days after the date of the determination of overpayment by fraud. A
24.24determination of overpayment by fraud must state that interest will be assessed.
24.25 (b) If the determination did not state that interest will be assessed, interest is assessed
24.26beginning 30 calendar days after notification, by mail or electronic transmission, to the
24.27applicant that interest is now assessed.
24.28 (c) Interest payments under this section are credited to the
24.29account.
24.30 Sec. 14. Minnesota Statutes 2010, section 268.199, is amended to read:
24.31268.199 CONTINGENT ACCOUNT.
24.32 (a) There is created in the state treasury a special account, to be known as the
24.33contingent account
24.34account consists of all money collected under this chapter that is required to be placed
25.1in this account and any interest earned on the account.
25.2
25.3
25.4 (b) All money in this account must be deposited, administered, and disbursed in the
25.5same manner and under the same conditions and requirements as is provided by law for
25.6the other special accounts in the state treasury.
25.7(c) Beginning in fiscal year 2012 and each fiscal year thereafter, all money in the
25.8account shall be transferred to the general fund before the closing of the fiscal year.
25.9 Sec. 15. Minnesota Statutes 2010, section 298.17, is amended to read:
25.10298.17 OCCUPATION TAXES TO BE APPORTIONED.
25.11All occupation taxes paid by persons, copartnerships, companies, joint stock
25.12companies, corporations, and associations, however or for whatever purpose organized,
25.13engaged in the business of mining or producing iron ore or other ores, when collected
25.14shall be apportioned and distributed in accordance with the Constitution of the state of
25.15Minnesota, article X, section 3, in the manner following: 90 percent shall be deposited
25.16in the state treasury and credited to the general fund of which four-ninths shall be used
25.17for the support of elementary and secondary schools; and ten percent of the proceeds of
25.18the tax imposed by this section shall be deposited in the state treasury and credited to the
25.19general fund for the general support of the university.
25.20
25.21
25.22
25.23
25.24
25.25
25.26
25.27
25.28
25.29
25.30
25.31
25.32
25.33
25.34
25.35
26.1 Sec. 16. Minnesota Statutes 2010, section 341.321, is amended to read:
26.2341.321 FEE SCHEDULE.
26.3 (a) The fee schedule for professional licenses issued by the commission is as follows:
26.4 (1) referees,
26.5 (2) promoters, $400 for each initial license and each renewal;
26.6 (3) judges and knockdown judges,
26.7 (4) trainers,
26.8 (5) ring announcers,
26.9 (6) seconds,
26.10 (7) timekeepers,
26.11 (8) combatants,
26.12 (9) managers,
26.13 (10) ringside physicians,
26.14In addition to the license fee and the late filing penalty fee in section
26.16same day the combative sporting event is held shall pay a late fee of $100 plus the original
26.17license fee of $45 at the time the application is submitted.
26.18 (b) The fee schedule for amateur licenses issued by the commission is as follows:
26.19 (1) referees,
26.20 (2) promoters,
26.21 (3) judges and knockdown judges,
26.22 (4) trainers,
26.23 (5) ring announcers,
26.24 (6) seconds,
26.25 (7) timekeepers,
26.26 (8) combatant,
26.27 (9) managers,
26.28 (10) ringside physicians,
26.29 (c) The commission shall establish a contest fee for each combative sport contest.
26.30The professional combative sport contest fee is $1,500 per event or not more than four
26.31percent of the gross ticket sales, whichever is greater, as determined by the commission
26.32when the combative sport contest is scheduled, except that the amateur combative sport
26.33contest fee shall be
26.34whichever is greater. The commission shall consider the size and type of venue when
26.35establishing a contest fee. The commission may establish the maximum number of
27.1complimentary tickets allowed for each event by rule.
27.2combative sport contest fee is nonrefundable.
27.3 (d) All fees and penalties collected by the commission must be deposited in the
27.4commission account in the special revenue fund.
27.5 Sec. 17. Laws 2009, chapter 78, article 1, section 18, is amended to read:
| 27.6 27.7 |
Sec. 18. COMBATIVE SPORTS COMMISSION |
$ |
80,000 |
$ |
80,000 |
||
27.9
27.10
27.11
27.12
27.13
27.14
27.15
27.16
27.17
27.20 Section 1. Minnesota Statutes 2010, section 181.723, subdivision 5, is amended to read:
27.21 Subd. 5. Application. To obtain an independent contractor exemption certificate,
27.22the individual must submit, in the manner prescribed by the commissioner, a complete
27.23application and the certificate fee required under subdivision 14.
27.24 (a) A complete application must include all of the following information:
27.25 (1) the individual's full name;
27.26 (2) the individual's residence address and telephone number;
27.27 (3) the individual's business name, address, and telephone number;
27.28 (4) the services for which the individual is seeking an independent contractor
27.29exemption certificate;
27.30 (5) the individual's Social Security number;
27.31 (6) the individual's or the individual's business federal employer identification
27.32number, if a number has been issued to the individual or the individual's business;
28.1 (7) any information or documentation that the commissioner requires by rule that
28.2will assist the department in determining whether to grant or deny the individual's
28.3application; and
28.4 (8) the individual's sworn statement that the individual meets all of the following
28.5conditions:
28.6 (i) maintains a separate business with the individual's own office, equipment,
28.7materials, and other facilities;
28.8 (ii) holds or has applied for a federal employer identification number or has filed
28.9business or self-employment income tax returns with the federal Internal Revenue Service
28.10if the person has performed services in the previous year for which the individual is
28.11seeking the independent contractor exemption certificate;
28.12 (iii) operates under contracts to perform specific services for specific amounts of
28.13money and under which the individual controls the means of performing the services;
28.14 (iv) incurs the main expenses related to the service that the individual performs
28.15under contract;
28.16 (v) is responsible for the satisfactory completion of services that the individual
28.17contracts to perform and is liable for a failure to complete the service;
28.18 (vi) receives compensation for service performed under a contract on a commission
28.19or per-job or competitive bid basis and not on any other basis;
28.20 (vii) may realize a profit or suffer a loss under contracts to perform service;
28.21 (viii) has continuing or recurring business liabilities or obligations; and
28.22 (ix) the success or failure of the individual's business depends on the relationship of
28.23business receipts to expenditures.
28.24 (b) Individuals who are applying for or renewing a residential building contractor or
28.25residential remodeler license under sections
28.26326B.815, 326B.821
28.27promulgated pursuant thereto, may simultaneously apply for or renew an independent
28.28contractor exemption certificate. The commissioner shall create an application form
28.29that allows for the simultaneous application for both a residential building contractor
28.30or residential remodeler license and an independent contractor exemption certificate.
28.31If individuals simultaneously apply for or renew a residential building contractor or
28.32residential remodeler license and an independent contractor exemption certificate using
28.33the form created by the commissioner, individuals shall only be required to provide, in
28.34addition to the information required by section
28.35thereto, the sworn statement required by paragraph (a), clause (8), and any additional
28.36information required by this subdivision that is not also required by section
29.1and any rules promulgated thereto.
29.2
29.3
29.4
29.5effect before March 1, 2009, shall remain in effect until March 1, 2013, unless revoked by
29.6the commissioner or canceled by the individual.
29.7 (c) Within 30 days of receiving a complete application and the certificate fee, the
29.8commissioner must either grant or deny the application. The commissioner may deny
29.9an application for an independent contractor exemption certificate if the individual has
29.10not submitted a complete application and certificate fee or if the individual does not
29.11meet all of the conditions for holding the independent contractor exemption certificate.
29.12The commissioner may revoke an independent contractor exemption certificate if the
29.13commissioner determines that the individual no longer meets all of the conditions for
29.14holding the independent contractor exemption certificate, commits any of the actions
29.15set out in subdivision 7, or fails to cooperate with a department investigation into the
29.16continued validity of the individual's certificate. Once issued, an independent contractor
29.17exemption certificate remains in effect for four years unless:
29.18 (1) revoked by the commissioner; or
29.19 (2) canceled by the individual.
29.20 (d) If the department denies an individual's original or renewal application for
29.21an independent contractor exemption certificate or revokes an independent contractor
29.22exemption certificate, the commissioner shall issue to the individual an order denying or
29.23revoking the certificate. The commissioner may issue an administrative penalty order to
29.24an individual or person who commits any of the actions set out in subdivision 7. The
29.25commissioner may file and enforce the unpaid portion of a penalty as a judgment in
29.26district court without further notice or additional proceedings.
29.27 (e) An individual or person to whom the commissioner issues an order under
29.28paragraph (d) shall have 30 days after service of the order to request a hearing. The
29.29request for hearing must be in writing and must be served on or faxed to the commissioner
29.30at the address or facsimile number specified in the order by the 30th day after service of
29.31the order. If the individual does not request a hearing or if the individual's request for a
29.32hearing is not served on or faxed to the commissioner by the 30th day after service of the
29.33order, the order shall become a final order of the commissioner and will not be subject to
29.34review by any court or agency. The date on which a request for hearing is served by mail
29.35shall be the postmark date on the envelope in which the request for hearing is mailed. If
30.1the individual serves or faxes a timely request for hearing, the hearing shall be a contested
30.2case hearing and shall be held in accordance with chapter 14.
30.3 Sec. 2. Minnesota Statutes 2010, section 182.6553, subdivision 6, is amended to read:
30.4 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
30.5
30.6provided under section
30.7 Sec. 3. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
30.8 Subd. 2. Deposits. Unless otherwise specifically designated by law: (1) all money
30.9collected under sections
30.10326B.101
30.11to
30.13fees collected under
30.14continuing education for
30.15
30.16to the construction code fund; and (3) all penalties assessed under the sections set forth
30.17in clauses (1) and (2) and all penalties assessed under sections
30.18connection with any violation of sections
30.19the rules adopted under those sections are credited to the assigned risk safety account
30.20established by section
30.21 Sec. 4. Minnesota Statutes 2010, section 326B.091, is amended to read:
30.22326B.091 DEFINITIONS.
30.23 Subdivision 1. Applicability. For purposes of sections
30.24326B.099, the terms defined in this section have the meanings given them.
30.25 Subd. 2. Applicant. "Applicant" means a person who has submitted to the
30.26department an application for
30.27 Subd. 3. License. "License" means any registration, certification, or other form
30.28of approval authorized by this chapter 326B and chapter 327B to be issued by the
30.29commissioner or department as a condition of doing business or conducting a trade,
30.30profession, or occupation in Minnesota. License includes specifically but not exclusively
30.31an authorization issued by the commissioner or department: to perform electrical work,
30.32plumbing or water conditioning work, high pressure piping work, or residential building
31.1work of a residential contractor, residential remodeler, or residential roofer; to install
31.2manufactured housing; to serve as a building official; or to operate a boiler or boat.
31.3 Subd. 4. Licensee. "Licensee" means the person named on the license as the person
31.4authorized to do business or conduct the trade, profession, or occupation in Minnesota.
31.5 Subd. 5. Notification date. "Notification date" means the date of the written
31.6notification from the department to an applicant that the applicant is qualified to take the
31.7examination required for licensure.
31.8 Subd. 5b. Qualifying individual. "Qualifying individual" means the individual
31.9responsible for obtaining continuing education on behalf of a residential building
31.10contractor, residential remodeler, or residential roofer licensed pursuant to sections
31.11326B.801 to 326B.885.
31.12 Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
31.13license, means 30 days before the date that the license expires.
31.14 Sec. 5. Minnesota Statutes 2010, section 326B.098, is amended to read:
31.15326B.098 CONTINUING EDUCATION.
31.16 Subdivision 1.
31.17seminars offered by the department for the purpose of
31.18continuing education requirements for license renewal.
31.19 Subd. 2. Rescheduling. An individual who is registered with the department to
31.20attend a seminar may reschedule one time only, to attend the same seminar on a date
31.21within one year after the date of the seminar the individual was registered to attend.
31.22 Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
31.23nonrefundable except for any overpayment of fees or if the department cancels the seminar.
31.24 Sec. 6. [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
31.25SEMINARS.
31.26This section applies to seminars that are offered by an entity other than the
31.27department for the purpose of enabling licensees to meet continuing education
31.28requirements for license renewal.
31.29 Sec. 7. Minnesota Statutes 2010, section 326B.13, subdivision 8, is amended to read:
31.30 Subd. 8. Effective date of rules. A rule to adopt or amend the State Building Code
31.31is effective 180 days after
31.32
31.33may provide for a later effective date. The rule may provide for an earlier effective date
32.1if the commissioner or board proposing the rule finds that an earlier effective date is
32.2necessary to protect public health and safety after considering, among other things, the
32.3need for time for training of individuals to comply with and enforce the rule.
32.4 Sec. 8. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
32.5 Subdivision 1. Computation. To defray the costs of administering sections
32.7connection with the construction of or addition or alteration to buildings and equipment or
32.8appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
32.9receipts to award grants for code research and development and education.
32.10 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
32.11one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
32.1230,
32.13whichever amount is greater. For all other permits, the surcharge is as follows:
32.14 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
32.15surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
32.16or alteration;
32.17 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
32.18mill (.0004) of the value between $1,000,000 and $2,000,000;
32.19 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
32.20mill (.0003) of the value between $2,000,000 and $3,000,000;
32.21 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
32.22mill (.0002) of the value between $3,000,000 and $4,000,000;
32.23 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
32.24mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.25 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
32.26mill (.00005) of the value that exceeds $5,000,000.
32.27 Sec. 9. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
32.28to read:
32.29 Subd. 1b. Backflow prevention rebuilder. A "backflow prevention rebuilder" is an
32.30individual who is qualified by training prescribed by the Plumbing Board and possesses
32.31a master or journeyman plumber's license to engage in the testing, maintenance, and
32.32rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
32.33the plumbing code.
33.1 Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a
33.2subdivision to read:
33.3 Subd. 1c. Backflow prevention tester. A "backflow prevention tester" is an
33.4individual who is qualified by training prescribed by the Plumbing Board to engage in
33.5the testing of reduced pressure zone type backflow prevention assemblies as regulated by
33.6the plumbing code.
33.7 Sec. 11. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
33.8 Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
33.9whose responsible
33.10 Sec. 12. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
33.11 Subd. 9. Responsible
33.12
33.13master plumber designated in writing by the contractor in the contractor's license
33.14application, or in another manner acceptable to the commissioner, as the individual
33.15responsible for the contractor's compliance with sections
33.16adopted under these sections and sections
33.17under section
33.18 Sec. 13. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
33.19 Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
33.20means a licensed contractor whose responsible
33.21restricted master plumber.
33.22 Sec. 14. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
33.23 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
33.24power to:
33.25 (1) elect its chair, vice-chair, and secretary;
33.26 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
33.27and containing such other provisions as may be useful and necessary for the efficient
33.28conduct of the business of the board;
33.29 (3) adopt the plumbing code that must be followed in this state and any plumbing
33.30code amendments thereto. The plumbing code shall include the minimum standards
33.31described in sections
34.1shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
34.2as provided in subdivision 6, paragraphs (b), (c), and (d);
34.3 (4) review requests for final interpretations and issue final interpretations as provided
34.4in section
34.5 (5) adopt rules that regulate the licensure, certification, or registration of plumbing
34.6contractors, journeymen, unlicensed individuals, master plumbers, restricted master
34.7plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention
34.8rebuilders and testers, water conditioning contractors, and water conditioning installers,
34.9and other persons engaged in the design, installation, and alteration of plumbing systems
34.10or engaged in or working at the business of water conditioning installation or service, or
34.11engaged in or working at the business of medical gas system installation, maintenance, or
34.12repair, except for those individuals licensed under section
34.13The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
34.146, paragraphs (e) and (f);
34.15(6) adopt rules that regulate continuing education for individuals licensed as master
34.16plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
34.17plumbers, water conditioning contractors, and water conditioning installers, and for
34.18individuals certified under sections 326B.437 and 326B.438. The board shall adopt these
34.19rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
34.20 (7) refer complaints or other communications to the commissioner, whether oral or
34.21written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
34.22order that the commissioner has the authority to enforce pertaining to code compliance,
34.23licensure, or an offering to perform or performance of unlicensed plumbing services;
34.24 (8) approve per diem and expenses deemed necessary for its members as provided in
34.25subdivision 3;
34.26 (9) approve license reciprocity agreements;
34.27 (10) select from its members individuals to serve on any other state advisory council,
34.28board, or committee; and
34.29 (11) recommend the fees for licenses, registrations, and certifications.
34.30Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
34.31Board of High Pressure Piping Systems, the commissioner of labor and industry shall
34.32administer and enforce the provisions of this chapter and any rules promulgated pursuant
34.33thereto.
34.34 (b) The board shall comply with section
34.35 (c) The commissioner shall coordinate the board's rulemaking and recommendations
34.36with the recommendations and rulemaking conducted by the other boards created pursuant
35.1to this chapter. The commissioner shall provide staff support to the board. The support
35.2includes professional, legal, technical, and clerical staff necessary to perform rulemaking
35.3and other duties assigned to the board. The commissioner of labor and industry shall
35.4supply necessary office space and supplies to assist the board in its duties.
35.5 Sec. 15. [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
35.6REBUILDERS AND TESTERS.
35.7(a) No person shall perform or offer to perform the installation, maintenance, repair,
35.8replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
35.9unless the person obtains a plumbing contractor's license. An individual shall not engage
35.10in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
35.11prevention assemblies, as regulated by the Plumbing Code, unless the individual is
35.12certified by the commissioner as a backflow prevention rebuilder.
35.13(b) An individual shall not engage in testing of a reduced pressure zone backflow
35.14prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
35.15backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
35.16prevention tester.
35.17(c) Certificates are issued for an initial period of two years and must be renewed
35.18every two years thereafter for as long as the certificate holder installs, maintains, repairs,
35.19rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
35.20of calculating fees under section 326B.092, an initial or renewed backflow prevention
35.21rebuilder or tester certificate shall be considered an entry level license.
35.22(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
35.23related to the certification of backflow prevention rebuilders and backflow prevention
35.24testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
35.2518-month limitation under section 14.125, this authority expires on December 31, 2014.
35.26(e) The department shall recognize certification programs that are a minimum of 16
35.27contact hours and include the passage of an examination. The examination must consist of
35.28a practical and a written component. This paragraph expires when the Plumbing Board
35.29adopts rules under paragraph (d).
35.30 Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:
35.31326B.438 MEDICAL GAS SYSTEMS.
35.32 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
35.33this subdivision have the meanings given them.
36.1 (b) "Medical gas" means medical gas as defined under the National Fire Protection
36.2Association NFPA 99C Standard on Gas and Vacuum Systems.
36.3 (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
36.4system as defined under the National Fire Protection Association NFPA 99C Standard on
36.5Gas and Vacuum Systems.
36.6 Subd. 2. License and certification required.
36.7to perform the installation, maintenance, or repair of medical gas systems unless the
36.8person obtains a contractor's license. An individual shall not engage in the installation,
36.9maintenance, or repair of a medical gas system unless the
36.10a current Minnesota master or journeyman plumber's license and is certified by the
36.11commissioner under rules adopted by the Minnesota Plumbing Board. The certification
36.12must be renewed
36.13installation, maintenance, or repair of medical gas
36.14
36.15
36.16 Subd. 3. Exemptions. (a)
36.17a valid certificate authorized by the American Society of Sanitary Engineering (ASSE)
36.18in accordance with standards recommended by the National Fire Protection Association
36.19under NFPA 99C is exempt from the requirements of subdivision 2. This exemption
36.20applies only if the
36.21 (b)
36.22master or journeyman plumber's license and a valid certificate authorized by the ASSE
36.23in accordance with standards recommended by the National Fire Protection Association
36.24under NFPA 99C is exempt from the requirements of subdivision 2 and may install,
36.25maintain, and repair a medical gas system. This exemption applies only if
36.26individual maintains a valid Minnesota master or journeyman plumber's license and valid
36.27certification authorized by the ASSE.
36.28 Subd. 4. Fees.
36.29fees under section 326B.092, an initial or renewed medical gas certificate issued by the
36.30commissioner according to subdivision 2
36.31level license.
36.32 Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
36.33 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
36.34license may do plumbing work on the individual's residence in accordance with
36.35subdivision 1, paragraph (a).
37.1(b) An individual who is an employee working on the maintenance and repair of
37.2plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
37.3and which is within the limits of property owned or leased, and operated or maintained by
37.4the individual's employer, shall not be required to maintain a contractor license as long
37.5as the employer has on file with the commissioner a current certificate of responsible
37.6
37.7individual must be a master plumber or, in an area of the state that is not a city or town
37.8with a population of more than 5,000 according to the last federal census, a restricted
37.9master plumber
37.10state that the person signing the certificate is responsible for ensuring that the maintenance
37.11and repair work performed by the employer's employees
37.14fee to file a certificate of responsible
37.15certificate shall expire two years from the date of filing. In order to maintain a current
37.16certificate of responsible
37.17responsible
37.18previous submittal. The filing of the certificate of responsible
37.19exempt any employee of the employer from the requirements of this chapter regarding
37.20individual licensing as a plumber or registration as a plumber's apprentice.
37.21(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
37.22separate contractor license to perform plumbing work on behalf of the employer within
37.23the scope of the licensed plumber's license.
37.24(d) A person may perform and offer to perform building sewer or water service
37.25installation without a contractor's license if the person is in compliance with the bond and
37.26insurance requirements of subdivision 2.
37.27 Sec. 18. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
37.28 Subd. 1b. Employment of master plumber or restricted master plumber. (a)
37.29Each contractor must designate a responsible licensed plumber, who shall be responsible
37.30for the performance of all plumbing work in accordance with sections
37.32orders issued under section
37.33
37.34responsible
37.35plumber. A plumbing contractor license authorizes the contractor to offer to perform
38.1and, through licensed and registered individuals, to perform plumbing work in all areas
38.2of the state. A restricted plumbing contractor license authorizes the contractor to offer
38.3to perform and, through licensed and registered individuals, to perform plumbing work
38.4in all areas of the state except in cities and towns with a population of more than 5,000
38.5according to the last federal census.
38.6(b) If the contractor is an individual or sole proprietorship, the responsible licensed
38.7
38.8contractor is a partnership, the responsible licensed
38.9partner or managing employee. If the contractor is a limited liability company, the
38.10responsible licensed
38.11If the contractor is a corporation, the responsible licensed
38.12an officer or managing employee. If the responsible licensed
38.13managing employee, the responsible licensed
38.14in performing plumbing work on behalf of the contractor, and cannot be employed in any
38.15capacity as a plumber for any other contractor. An individual may be the responsible
38.16licensed
38.17(c) All applications and renewals for contractor licenses shall include a verified
38.18statement that the applicant or licensee has complied with this subdivision.
38.19 Sec. 19. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
38.20 Subd. 2. Bond; insurance.
38.21bond and insurance requirements of paragraphs (b) and (c) apply to each person who
38.22performs or offers to perform plumbing work within the state, including any person who
38.23offers to perform or performs sewer or water service installation without a contractor's
38.24license. If the person performs or offers to perform any plumbing work other than sewer
38.25or water service installation, then the person must meet the requirements of paragraphs
38.26(b) and (c) as a condition of holding a contractor's license.
38.27(b) Each person who performs or offers to perform plumbing work within the state
38.28shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
38.29plumbing work entered into within the state or (2) all plumbing work and subsurface
38.30sewage treatment work entered into within the state. If the bond is for both plumbing work
38.31and subsurface sewage treatment work, the bond must comply with the requirements of
38.32this section and section
38.33benefit of persons injured or suffering financial loss by reason of failure to comply with the
38.34requirements of the State Plumbing Code and, if the bond is for both plumbing work and
38.35subsurface sewage treatment work, financial loss by reason of failure to comply with the
39.1requirements of sections
39.2and shall be written by a corporate surety licensed to do business in the state.
39.3
39.4performs or offers to perform plumbing work within the state shall have and maintain in
39.5effect public liability insurance, including products liability insurance with limits of at
39.6least $50,000 per person and $100,000 per occurrence and property damage insurance
39.7with limits of at least $10,000. The insurance shall be written by an insurer licensed to
39.8do business in the state of Minnesota
39.9performs or offers to perform plumbing work within the state shall maintain on file
39.10with the commissioner a certificate evidencing the insurance. In the event of a policy
39.11cancellation, the insurer shall send written notice to the commissioner at the same time
39.12that a cancellation request is received from or a notice is sent to the insured.
39.13 Sec. 20. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
39.14 Subd. 3. Bond and insurance exemption. If a
39.15
39.16of subdivision 2, employs a licensed plumber
39.17pipe-laying training as prescribed by the commissioner, that employee
39.18required to meet the bond and insurance requirements of subdivision 2. An individual who
39.19is an employee working on the maintenance and repair of plumbing equipment, apparatus,
39.20or facilities owned or leased by the individual's employer and which is within the limits of
39.21property owned or leased, and operated or maintained by the individual's employer, shall
39.22not be required to meet the bond and insurance requirements of subdivision 2.
39.23 Sec. 21. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
39.24 Subdivision 1. Registration; supervision; records. (a) All unlicensed individuals,
39.25other than plumber's apprentices and individuals who have completed pipe-laying training
39.26as prescribed by the commissioner, must be registered under subdivision 3.
39.27(b) A plumber's apprentice or registered unlicensed individual is authorized to
39.28assist in the installation of plumbing only while under the direct supervision of a master,
39.29restricted master, journeyman, or restricted journeyman plumber. The master, restricted
39.30master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
39.31plumbing work performed by the plumber's apprentice or registered unlicensed individual
39.32complies with the plumbing code. The supervising master, restricted master, journeyman,
39.33or restricted journeyman must be licensed and must be employed by the same employer
39.34as the plumber's apprentice or registered unlicensed individual. Licensed individuals
40.1shall not permit plumber's apprentices or registered unlicensed individuals to perform
40.2plumbing work except under the direct supervision of an individual actually licensed to
40.3perform such work. Plumber's apprentices and registered unlicensed individuals shall not
40.4supervise the performance of plumbing work or make assignments of plumbing work
40.5to unlicensed individuals.
40.6(c) Contractors employing plumber's apprentices or registered unlicensed individuals
40.7to perform plumbing work shall maintain records establishing compliance with this
40.8subdivision that shall identify all plumber's apprentices and registered unlicensed
40.9individuals performing plumbing work, and shall permit the department to examine and
40.10copy all such records.
40.11 Sec. 22. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
40.12 Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed
40.13individual may register by completing and submitting to the commissioner an application
40.14form provided by the commissioner, with all fees required by section
40.15completed application form must state the date the individual began training, the
40.16individual's age, schooling, previous experience, and employer, and other information
40.17required by the commissioner. The Plumbing Board may prescribe rules, not inconsistent
40.18with this section, for the registration of unlicensed individuals. Applications for initial
40.19registration may be submitted at any time. Registration must be renewed annually and
40.20shall be for the period from July 1 of each year to June 30 of the following year.
40.21 Sec. 23. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
40.22 Subdivision 1. Application, examination, and license fees. (a) Applications for
40.23master and journeyman plumber's licenses shall be made to the commissioner, with
40.24all fees required by section
40.25the applicant shall be licensed by the commissioner only after passing a satisfactory
40.26examination developed and administered by the commissioner, based upon rules adopted
40.27by the Plumbing Board, showing fitness.
40.28(b) All initial journeyman plumber's licenses shall be effective for more than one
40.29calendar year and shall expire on December 31 of the year after the year in which the
40.30application is made. All master plumber's licenses shall expire on December 31 of each
40.31even-numbered year after issuance or renewal. The commissioner shall in a manner
40.32determined by the commissioner, without the need for any rulemaking under chapter 14,
40.33phase in the renewal of master and journeyman plumber's licenses from one year to two
41.1years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
41.2two-year licenses.
41.3(c) Applications for contractor licenses shall be made to the commissioner, with all
41.4fees required by section
41.5each odd-numbered year after issuance or renewal.
41.6(d) For purposes of calculating license fees and renewal license fees required under
41.7section
41.8(1) the following licenses shall be considered business licenses: plumbing contractor
41.9and restricted plumbing contractor;
41.10(2) the following licenses shall be considered master licenses: master plumber and
41.11restricted master plumber;
41.12(3) the following licenses shall be considered journeyman licenses: journeyman
41.13plumber and restricted journeyman plumber; and
41.14(4) the registration of a plumber's apprentice under section
41.15shall be considered an entry level license.
41.16(e) For each filing of a certificate of responsible
41.17the fee is $100.
41.18(f) The commissioner shall charge each person giving bond under section 326B.46,
41.19subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
41.20licensed contractor.
41.21 Sec. 24. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
41.22 Subdivision 1. Bonds. (a) As a condition of licensing, each water conditioning
41.23contractor shall give and maintain a bond to the state as described in paragraph (b).
41.24No applicant for a water conditioning contractor
41.25bond under paragraph (b) shall be otherwise required to meet the bond requirements of
41.26any political subdivision.
41.27 (b) Each bond given to the state under this subdivision shall be in the total sum of
41.28$3,000 conditioned upon the faithful and lawful performance of all water conditioning
41.29installation or servicing done within the state. The bond shall be for the benefit of
41.30persons suffering injuries or damages due to the work. The bond shall be filed with the
41.31commissioner and shall be written by a corporate surety licensed to do business in this
41.32state. The bond must remain in effect at all times while the application is pending and
41.33while the license is in effect.
42.1 Sec. 25. Minnesota Statutes 2010, section 326B.58, is amended to read:
42.2326B.58 FEES; RENEWAL.
42.3 (a) Each initial water conditioning master and water conditioning journeyman
42.4license shall be effective for more than one calendar year and shall expire on December 31
42.5of the year after the year in which the application is made.
42.6(b) The commissioner shall in a manner determined by the commissioner, without
42.7the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
42.8master and journeyman licenses from one year to two years. By June 30, 2011, all
42.9renewed water conditioning contractor
42.10The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
42.11(c) All water conditioning contractor licenses shall expire on December 31 of the
42.12year after issuance or renewal.
42.13(d) For purposes of calculating license fees and renewal fees required under section
42.15(1) a water conditioning journeyman license shall be considered a journeyman
42.16license;
42.17(2) a water conditioning master license shall be considered a master license; and
42.18(3) a water conditioning contractor license shall be considered a business license.
42.19 Sec. 26. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
42.20 Subd. 2. Appropriate and related knowledge. "Appropriate and related
42.21knowledge" means facts, information, or principles that are clearly relevant to the
42.22
42.23These facts, information, or principles must convey substantive and procedural knowledge
42.24as it relates to postlicensing issues and must be relevant to the technical aspects of a
42.25
42.26 Sec. 27. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
42.27 Subd. 3. Classroom hour. "Classroom hour" means
42.28educational content.
42.29 Sec. 28. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
42.30 Subd. 7. Medical hardship. "Medical hardship"
42.31physical disability or medical condition.
42.32 Sec. 29. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
43.1 Subd. 9. Regulated
43.2
43.3
43.4issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
43.5 Sec. 30. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
43.6 Subdivision 1. Purpose. The purpose of this section is to establish standards
43.7for residential building contractor continuing education.
43.8
43.9
43.10 Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
43.11 Subd. 5. Content. (a) Continuing education consists of approved courses that
43.12impart appropriate and related knowledge in the
43.13industries pursuant to
43.14applicable federal and state laws, rules, and regulations. Courses may include relevant
43.15materials that are included in licensing exams subject to the limitations imposed in
43.16subdivision 11. The burden of demonstrating that courses impart appropriate and related
43.17knowledge is upon the person seeking approval or credit.
43.18 (b) Except as required for Internet continuing education, course examinations will
43.19not be required for continuing education courses
43.20 (c)
43.21textbooks are not used as part of the course, the sponsor must provide students with a
43.22syllabus containing
43.23offering, the name, address,
43.24and affiliation of the instructor, and a detailed outline of the subject materials to be
43.25covered. Any written or printed material given to students must be of readable quality and
43.26contain accurate and current information.
43.27 (d) Upon completion of an approved course, licensees shall earn one hour of
43.28continuing education credit for each classroom hour approved by the commissioner.
43.29
43.30Each continuing education course must be attended in its entirety in order to receive credit
43.31for the number of approved hours. Courses may be approved for full or partial credit,
43.32and for more than one regulated industry.
43.33 (e) Continuing education credit in an approved course shall be awarded to presenting
43.34instructors on the basis of one credit for each hour
44.1initial presentation. Continuing education
44.2
44.3
44.4used once for renewal of a specific license.
44.5
44.6(1) course content must demonstrate significant intellectual or practical content and
44.7deal with matters directly related to the practice
44.8industry, workforce safety, or the business of running a
44.9in the regulated industry. Courses may also address the professional responsibility or
44.10ethical obligations of
44.11related to work in the regulated industry;
44.12(2) the following courses may be
44.13designed for the
44.14paragraph
44.15(i) courses approved by the Minnesota Board of Continuing Legal Education; or
44.16(ii) courses approved by the International Code Council, National Association of
44.17Home Building, or other nationally recognized professional organization of the
44.18
44.19(3) courses must be presented and attended in a suitable classroom or construction
44.20setting, except for Internet education courses which must meet the requirements of
44.21subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
44.22teleconference may be approved provided the sponsor is available at all times during the
44.23presentation, except for Internet education courses which must meet the requirements
44.24of subdivision 5a.
44.25
44.26 (1) courses designed solely to prepare students for a license examination;
44.27 (2) courses in mechanical office skills, including typing, speed reading, or other
44.28machines or equipment. Computer courses are allowed, if appropriate and related to the
44.29
44.30 (3) courses in sales promotion, including meetings held in conjunction with the
44.31general business of the licensee;
44.32 (4) courses in motivation, salesmanship, psychology, or personal time management;
44.33 (5) courses that are primarily intended to impart knowledge of specific products of
44.34specific companies, if the use of the product or products relates to the sales promotion
44.35or marketing of one or more of the products discussed; or
45.1(6) courses where any of the educational content of the course is the State Building
45.2Code that include code provisions that have not been adopted into the State Building
45.3Code unless the course materials clarify
45.4been officially adopted into a future version of the State Building Code and the effective
45.5date of enforcement
45.6 Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
45.7read:
45.8 Subd. 5a. Internet continuing education. (a) Minnesota state colleges and
45.9universities that are accredited to provide Internet education by the Higher Learning
45.10Commission are exempt from the requirements of this subdivision.
45.11(b) The design and delivery of an Internet continuing education course must be
45.12approved by the International Distance Education Certification Center (IDECC) before
45.13the course is submitted for the commissioner's approval. The IDECC approval must
45.14accompany the course submitted.
45.15
45.16(1) specify the minimum computer system requirements;
45.17(2) provide encryption that ensures that all personal information, including the
45.18student's name, address, and credit card number, cannot be read as it passes across the
45.19Internet;
45.20(3) include technology to guarantee seat time;
45.21(4) include a high level of interactivity;
45.22(5) include graphics that reinforce the content;
45.23(6) include the ability for the student to contact an instructor or course sponsor
45.24within a reasonable amount of time;
45.25(7) include the ability for the student to get technical support within a reasonable
45.26amount of time;
45.27(8) include a statement that the student's information will not be sold or distributed
45.28to any third party without prior written consent of the student. Taking the course does not
45.29constitute consent;
45.30(9) be available 24 hours a day, seven days a week, excluding minimal downtime
45.31for updating and administration, except that this provision does not apply to live courses
45.32taught by an actual instructor and delivered over the Internet;
45.33(10) provide viewing access to the online course at all times to the commissioner,
45.34excluding minimal downtime for updating and administration;
45.35(11) include a process to authenticate the student's identity;
46.1(12) inform the student and the commissioner how long after its purchase a course
46.2will be accessible;
46.3(13) inform the student that license education credit will not be awarded for taking
46.4the course after it loses its status as an approved course;
46.5(14) provide clear instructions on how to navigate through the course;
46.6(15) provide automatic bookmarking at any point in the course;
46.7(16) provide questions after each unit or chapter that must be answered before the
46.8student can proceed to the next unit or chapter;
46.9(17) include a reinforcement response when a quiz question is answered correctly;
46.10(18) include a response when a quiz question is answered incorrectly;
46.11(19) include a final examination in which the student must correctly answer 70
46.12percent of the questions;
46.13(20) allow the student to go back and review any unit at any time, except during the
46.14final examination;
46.15(21) provide a course evaluation at the end of the course. At a minimum, the
46.16evaluation must ask the student to report any difficulties caused by the online education
46.17delivery method;
46.18(22) provide a completion certificate when the course and exam have been completed
46.19and the provider has verified the completion. Electronic certificates are sufficient and shall
46.20include the name of the provider, date and location of the course, educational program
46.21identification that was provided by the department, hours of instruction or continuing
46.22education hours, and licensee's or attendee's name and license, certification, or registration
46.23number or the last four digits of the licensee's or attendee's Social Security number; and
46.24(23) allow the commissioner the ability to electronically review the class to
46.25determine if credit can be approved.
46.26
46.27paper examination that is monitored by a proctor who certifies that the student took the
46.28examination.
46.29 Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
46.30 Subd. 6. Course approval. (a) Courses must be approved by the commissioner
46.31in advance and will be approved on the basis of the applicant's compliance with the
46.32provisions of this section relating to continuing education in the regulated industries. The
46.33commissioner shall make the final determination as to the approval and assignment of
46.34credit hours for courses. Courses must be at least one hour in length.
47.1 Licensees requesting credit for continuing education courses that have not been
47.2previously approved by the commissioner shall, on a form prescribed by the commissioner,
47.3submit an application for approval of continuing education credit accompanied by a
47.4nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
47.5in compliance with the provisions of this section governing the types of courses that will
47.6and will not be approved.
47.7 Approval will not be granted for time spent on meals or other unrelated activities.
47.8Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
47.9offered by a provider to any one student for longer than eight hours in one day, excluding
47.10meal breaks.
47.11 (b) Application for course approval must be submitted on a form approved by the
47.12commissioner at least 30 days before the course offering.
47.13 (c) Approval must be granted for a subsequent offering of identical continuing
47.14education courses without requiring a new application if a notice of the subsequent
47.15offering is filed with the commissioner at least 30 days in advance of the date the course is
47.16to be held. The commissioner shall deny future offerings of courses if they are found not
47.17to be in compliance with the laws relating to course approval.
47.18 Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
47.19 Subd. 7. Courses open to all. All course offerings must be open to any interested
47.20individuals. Access may be restricted by the sponsor based on class size only. Courses
47.21
47.22except for company-sponsored courses allowed by applicable law.
47.23 Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
47.24 Subd. 8. Course sponsor. (a) Each course of study shall have at least one sponsor,
47.25approved by the commissioner, who is responsible for supervising the program and
47.26ensuring compliance with all relevant law. Sponsors may engage an additional approved
47.27sponsor in order to assist the sponsor or to act as a substitute for the sponsor
47.28
47.29(b) Sponsors must submit an application and sworn statement stating they agree to
47.30abide by the requirements of this section and any other applicable statute or rule pertaining
47.31to
47.32(c) A sponsor may also be an instructor.
47.33(d) Failure to comply with
47.34approval for up to two years in accordance with section
48.1 Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
48.2 Subd. 9. Responsibilities. A sponsor is responsible for:
48.3 (1) ensuring compliance with all laws and rules relating to continuing educational
48.4offerings governed by the commissioner;
48.5 (2) ensuring that students are provided with current and accurate information relating
48.6to the laws and rules governing
48.7 (3) supervising and evaluating courses and instructors. Supervision includes
48.8ensuring that all areas of the curriculum are addressed without redundancy and that
48.9continuity is present throughout the entire course;
48.10 (4) ensuring that instructors are qualified to teach the course offering;
48.11 (5) furnishing the commissioner, upon request, with copies of course
48.12evaluations
48.13offered;
48.14(6) furnishing the commissioner, upon request, with copies of the qualifications of
48.15instructors
48.16
48.17
48.18of the written complaint must be sent to the commissioner within ten days of receipt of
48.19the complaint and a copy of the complaint resolution must be sent not more than ten
48.20days after resolution is reached;
48.21
48.22taken by students if required, and student attendance for a period of three years from the
48.23date on which the course was completed. These records must be made available to the
48.24commissioner upon request. In the event the sponsor ceases operations before termination
48.25of the sponsor application, the sponsor must provide to the commissioner digital copies of
48.26all course and attendance records of courses held for the previous three years;
48.27
48.28the commissioner;
48.29
48.30completion of the entire course. A sponsor may require payment of the course tuition as a
48.31condition of receiving the course completion certificate. Course completion certificates
48.32must be completed in their entirety
48.33the following:
48.34(i) the statement: "If you have any comments about this course offering, please mail
48.35them to the Minnesota Department of Labor and Industry.";
49.1(ii) the current address of the department
49.2
49.3name of the provider, date and location of the course, educational program identification
49.4provided by the department, and hours of instruction or continuing education hours; and
49.5(iii) the licensee's or attendee's name and license, certificate, or registration number
49.6or the last four digits of the licensee's or attendee's Social Security number; and
49.7
49.8information in an application for approval on file with the commissioner.
49.9 Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
49.10read:
49.11 Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
49.12who is qualified by education, training, or experience to ensure competent instruction.
49.13Failure to have only qualified instructors teach at an approved course offering will result in
49.14loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
49.15to teach the course offering.
49.16 (b) Qualified continuing education instructors must have one of the following
49.17qualifications:
49.18 (1) four years' practical experience in the subject area being taught;
49.19 (2) a college or graduate degree in the subject area being taught;
49.20(3) direct experience in the development of laws, rules, or regulations related to the
49.21
49.22(4) demonstrated expertise in the subject area being taught. Instructors providing
49.23instruction related to electricity, plumbing, or high pressure piping systems must comply
49.24with all applicable continuing education rules adopted by the Board of Electricity, the
49.25Plumbing Board, or the Board of High Pressure Piping Systems.
49.26 (c)
49.27 (1) compliance with all laws and rules relating to continuing education;
49.28 (2) providing students with current and accurate information;
49.29 (3) maintaining an atmosphere conducive to learning in the classroom;
49.30 (4) verifying attendance of students, and certifying course completion;
49.31 (5) providing assistance to students and responding to questions relating to course
49.32materials; and
49.33 (6) attending the workshops or instructional programs that are required by the
49.34commissioner.
50.1 Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
50.2read:
50.3 Subd. 11. Prohibited practices for sponsors and instructors. (a) In connection
50.4with an approved continuing education course, sponsors and instructors shall not:
50.5 (1) recommend
50.6procedures, or practices of a particular
50.7 (2) encourage or recruit
50.8associated with, a particular business;
50.9 (3) use materials for the sole purpose of promoting a particular business;
50.10 (4) require students to participate in other programs or services offered by an
50.11instructor or sponsor;
50.12 (5) attempt, either directly or indirectly, to discover questions or answers on an
50.13examination for a license;
50.14 (6) disseminate to any other person specific questions, problems, or information
50.15known or believed to be included in licensing examinations;
50.16 (7) misrepresent any information submitted to the commissioner;
50.17 (8) fail to reasonably cover, or ensure coverage of, all points, issues, and concepts
50.18contained in the course outline approved by the commissioner during the approved
50.19instruction; or
50.20 (9) issue inaccurate course completion certificates.
50.21 (b) Sponsors shall notify the commissioner within ten days of a felony or gross
50.22misdemeanor conviction or of disciplinary action taken against an occupational or
50.23professional license held by the sponsor or an instructor teaching an approved course. The
50.24
50.25withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.
50.26 Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
50.27read:
50.28 Subd. 12.
50.29and related materials must be clearly identified to students. In the event that a course is
50.30canceled for any reason, all
50.31cancellation. In the event that a course is postponed for any reason, students shall be given
50.32the choice of attending the course at a later date or having their
50.33full within 15 days from the date of postponement. If a student is unable to attend a course
50.34or cancels the registration in a course, sponsor policies regarding refunds shall govern.
51.1 Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
51.2read:
51.3 Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
51.4of continuing education courses.
51.5 (b) Advertising must be truthful and not deceptive or misleading. Courses may
51.6not be advertised as approved for continuing education credit unless approval has been
51.7granted in writing by the commissioner.
51.8 (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
51.9materials pertaining to an approved course circulated or distributed in this state, must
51.10prominently display the following statement:
51.11 "This course has been approved by the Minnesota Department of Labor and Industry
51.12for ....... (approved number of hours) hours for
51.13industry) continuing education."
51.14 (d) Advertising of approved courses must be clearly distinguishable from the
51.15advertisement of other nonapproved courses and services.
51.16 (e) Continuing education courses may not be advertised before approval unless the
51.17course is described in any advertising as "approval pending." The sponsor must verbally
51.18notify
51.19denied credit, has not been approved for credit, or has only been approved for partial
51.20credit by the commissioner.
51.21 (f) The number of hours for which a course has been approved must be prominently
51.22displayed on an advertisement for the course. If the course offering is longer than the
51.23number of hours of credit to be given, it must be clear that credit is not earned for the
51.24entire course.
51.25 (g) The course approval number must not be included in any advertisement.
51.26 Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
51.27read:
51.28 Subd. 16. Notice to students. At the beginning of each approved offering, the
51.29following notice must be handed out in printed form or must be read to students:
51.30 "This educational offering is recognized by the Minnesota Department of Labor and
51.31Industry as satisfying ....... (insert number of hours approved) hours of credit toward
51.32
51.33 Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
51.34read:
52.1 Subd. 18. Falsification of reports or certificates. A licensee, its
52.2qualifying individual, or an applicant found to have falsified an education report or
52.3certificate to the commissioner shall be considered to have violated the laws relating to
52.4the regulated industry for which the person has a license and shall be subject to
52.5
52.6
52.7 The commissioner reserves the right to audit a licensee's continuing education
52.8records.
52.9 Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
52.10read:
52.11 Subd. 19. Waivers and extensions.
52.12
52.13
52.14
52.15
52.16
52.17
52.18
52.19
52.20
52.21
52.22
52.23
52.24
52.25
52.26
52.27
52.28
52.29 Upon written proof demonstrating a medical hardship, the commissioner shall
52.30extend, for up to 90 days, the time period during which the continuing education must be
52.31successfully completed.
52.32
52.33submitted to the commissioner in writing no later than 60 days before the education is
52.34due and must include an explanation with verification of the hardship, plus verification of
52.35enrollment at an approved course of study on or before the extension period expires.
53.1 Sec. 44. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
53.2read:
53.3 Subd. 20. Reporting requirements.
53.4be reported by the sponsor in a manner prescribed by the commissioner. Licensees are
53.5responsible for maintaining copies of course completion certificates.
53.6 Sec. 45. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
53.7read:
53.8 Subd. 22. Continuing education approval. Continuing education courses must be
53.9approved in advance by the commissioner of labor and industry.
53.10
53.11 Sec. 46. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
53.12read:
53.13 Subd. 23. Continuing education fees. The following fees shall be paid to the
53.14commissioner:
53.15 (1) initial course approval, $20 for each hour or fraction of one hour of continuing
53.16education course approval sought. Initial course approval expires on the last day of the
53.17
53.18
53.19
53.20
53.21day of the 24th month after the sponsor is approved; and
53.22
53.23on the last day of the 24th month after the sponsor is renewed.
53.24 Sec. 47. Minnesota Statutes 2010, section 326B.865, is amended to read:
53.25326B.865 SIGN CONTRACTOR; BOND.
53.26 (a) A sign contractor may post a compliance bond with the commissioner,
53.27conditioned that the sign contractor shall faithfully perform duties and comply with laws,
53.28ordinances, rules, and contracts entered into for the installation of signs. The bond must
53.29be renewed biennially and maintained for so long as determined by the commissioner.
53.30The aggregate liability of the surety on the bond to any and all persons, regardless of the
53.31number of claims made against the bond, may not exceed the annual amount of the bond.
53.32The bond may be canceled as to future liability by the surety upon 30 days' written notice
53.33mailed to the commissioner by United States mail.
54.1 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
54.2local unit of government that requires sign contractors to post a compliance bond. The
54.3bond is in lieu of any compliance bond required by a local unit of government.
54.4 (c) For purposes of this section, "sign" means a device, structure, fixture, or
54.5placard using graphics, symbols, or written copy that is erected on the premises of an
54.6establishment including the name of the establishment or identifying the merchandise,
54.7services, activities, or entertainment available on the premises.
54.8(d) Each person giving bond under this section shall pay a biennial bond filing fee of
54.9$100 to the commissioner of labor and industry.
54.10EFFECTIVE DATE.This section is effective January 1, 2012.
54.11 Sec. 48. Minnesota Statutes 2010, section 326B.89, subdivision 6, is amended to read:
54.12 Subd. 6. Verified application. To be eligible for compensation from the fund, an
54.13owner or lessee shall serve on the commissioner a verified application for compensation
54.14on a form approved by the commissioner. The application shall verify the following
54.15information:
54.16 (1) the specific grounds upon which the owner or lessee seeks to recover from
54.17the fund:
54.18 (2) that the owner or the lessee has obtained a final judgment in a court of competent
54.19jurisdiction against a licensee licensed under section
54.20 (3) that the final judgment was obtained against the licensee on the grounds
54.21of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
54.22performance that arose directly out of a contract directly between the licensee and the
54.23homeowner or lessee that was entered into prior to the cause of action and that occurred
54.24when the licensee was licensed and performing any of the special skills enumerated under
54.25section
54.26 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
54.27the owner's residential real estate, on residential real estate leased by the lessee, or on new
54.28residential real estate that has never been occupied or that was occupied by the licensee
54.29for less than one year prior to purchase by the owner;
54.30 (5) that the residential real estate is located in Minnesota;
54.31 (6) that the owner or the lessee is not the spouse of the licensee or the personal
54.32representative of the licensee;
54.33 (7) the amount of the final judgment, any amount paid in satisfaction of the final
54.34judgment, and the amount owing on the final judgment as of the date of the verified
54.35application;
55.1 (8) that the owner or lessee has diligently pursued remedies against all the judgment
55.2debtors and all other persons liable to the judgment debtor in the contract for which the
55.3owner or lessee seeks recovery from the fund; and
55.4 (9) that the verified application is being served within two years after the judgment
55.5became final.
55.6 The verified application must include documents evidencing the amount of the
55.7owner's or the lessee's actual and direct out-of-pocket loss. The owner's and the lessee's
55.8actual and direct out-of-pocket loss shall not include any attorney fees, litigation costs
55.9or fees, interest on the loss, and interest on the final judgment obtained as a result of the
55.10loss or any costs not directly related to the value difference between what was contracted
55.11for and what was provided. Any amount paid in satisfaction of the final judgment shall
55.12be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
55.13lessee may serve a verified application regardless of whether the final judgment has been
55.14discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
55.15on the judgment have either been pursued and concluded or been forgone, including all
55.16reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
55.17in common are deemed to be a single owner. For purposes of this section, owners and
55.18lessees eligible for payment of compensation from the fund shall not include government
55.19agencies, political subdivisions, financial institutions, and any other entity that purchases,
55.20guarantees, or insures a loan secured by real estate.
55.21 Sec. 49. Minnesota Statutes 2010, section 326B.89, subdivision 8, is amended to read:
55.22 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
55.23for hearing under subdivision 7, the commissioner shall request that an administrative law
55.24judge be assigned and that a hearing be conducted under the contested case provisions of
55.25chapter 14 within 45 days after the commissioner received the request for hearing, unless
55.26the parties agree to a later date. The commissioner must notify the owner or lessee of the
55.27time and place of the hearing at least 15 days before the hearing. Upon petition of the
55.28commissioner, the administrative law judge shall continue the hearing up to 60 days and
55.29upon a showing of good cause may continue the hearing for such additional period as the
55.30administrative law judge deems appropriate.
55.31At the hearing the owner or the lessee shall have the burden of proving by substantial
55.32evidence under subdivision 6, clauses (1) to (8). Whenever an applicant's judgment
55.33is by default, stipulation, or consent, or whenever the action against the licensee was
55.34defended by a trustee in bankruptcy, the applicant shall have the burden of proving the
55.35cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or
56.1failure of performance. Otherwise, the judgment shall create a rebuttable presumption
56.2of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
56.3performance. This presumption affects the burden of producing evidence.
56.4The administrative law judge shall issue findings of fact, conclusions of law, and
56.5order. If the administrative law judge finds that compensation should be paid to the owner
56.6or the lessee, the administrative law judge shall order the commissioner to make payment
56.7from the fund of the amount it finds to be payable pursuant to the provisions of and in
56.8accordance with the limitations contained in this section. The order of the administrative
56.9law judge shall constitute the final decision of the agency in the contested case. The
56.10commissioner or the owner or lessee may seek judicial review of the administrative law
56.11judge's findings of fact, conclusions of law, and order
56.13 Sec. 50. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
56.14 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
56.15offer for sale in this state any used manufactured home manufactured after June 14,
56.161976, or install for occupancy any used manufactured home manufactured after June
56.1714, 1976, unless the used manufactured home complies with the Notice of Compliance
56.18Form as provided in this subdivision. If manufactured after June 14, 1976, the home
56.19must bear a label as required by the secretary. The Notice of Compliance Form shall be
56.20signed by the seller and purchaser indicating which party is responsible for either making
56.21or paying for any necessary corrections prior to the sale and transferring ownership of
56.22the manufactured home.
56.23The Notice of Compliance Form shall be substantially in the following form:
56.24"Notice of Compliance Form as required in Minnesota Statutes,
56.25section327.32, subdivision 1
56.26This notice must be completed and signed by the purchaser(s) and the seller(s) of the 56.25section
56.27used manufactured home described in the purchase agreement and on the bottom of this
56.28notice before the parties transfer ownership of a used manufactured home constructed
56.29after June 14, 1976.
56.30Electric ranges and clothes dryers must have required four-conductor cords and plugs. For
56.31the purpose of complying with the requirements of section 327B.06, a licensed retailer or
56.32limited retailer shall retain at least one copy of the form required under this subdivision.
| 56.33 |
Complies .......... |
Correction required .......... |
| 56.34 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.2of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
57.3with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
57.4Code of Federal Regulations, title 24, section 3280.709 (g)).
| 57.5 |
Complies .......... |
Correction required .......... |
| 57.6 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.8Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
57.9accordance with their listing or standards.
| 57.10 |
Complies .......... |
Correction required .......... |
| 57.11 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.13Federal Regulations, title 24, section 3280.208.
| 57.14 |
Complies .......... |
Correction required .......... |
| 57.15 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.17to be installed within ten feet of each room lawfully used for sleeping purposes.
| 57.18 |
Complies .......... |
Correction required .......... |
| 57.19 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.21a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
57.22the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
57.23operating handles, tabs, or other operational devices shall not be located more than 54
57.24inches above the finished floor.
| 57.25 |
Complies .......... |
Correction required .......... |
| 57.26 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.28spread rating not exceeding 25
57.29Housing and Urban Development Code governing manufactured housing construction.
| 57.30 |
Complies .......... |
Correction required .......... |
| 57.31 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.33spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
57.34Housing and Urban Development Code governing manufactured housing construction.
| 58.1 |
Complies .......... |
Correction required .......... |
| 58.2 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
58.4Minnesota as indicated by the data plate.
| 58.5 |
Complies .......... |
Correction required .......... |
| 58.6 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
58.8signature to complete any necessary corrections prior to the sale or transfer of ownership
58.9of the home described below as listed in the purchase agreement. The state of Minnesota
58.10or a local building official has the authority to inspect the home in the manner described in
58.11Minnesota Statutes, section
58.12properly executed as provided under the Manufactured Home Building Code.
58.28EFFECTIVE DATE.This section is effective the day following final enactment.
58.29 Sec. 51. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
58.30 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
58.31or used manufactured home that is submitted to the local building official, third-party
58.32inspector, or the department, stamped by a licensed professional engineer or architect
58.33
58.34of manufacture, the manufacturer's installation manual, or the Minnesota State Building
58.35Code, when applicable, shall be issued a permit
58.36being received by the approving authority.
59.1EFFECTIVE DATE.This section is effective the day following final enactment.
59.2 Sec. 52. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
59.3 Subd. 1e. Reinstallation requirements for
59.4homes. (a) All
59.5from the date of installation by the first purchaser must be reinstalled in compliance with
59.6subdivision 1c. All
59.7months from the date of installation by the first purchaser may be reinstalled without
59.8a frost-protected foundation if the home is reinstalled in compliance with Minnesota
59.9Rules, chapter 1350, for above frost-line installations and the notice requirement of
59.10subdivision 1f is complied with by the seller and the purchaser of the
59.11manufactured home.
59.12(b) The installer shall affix an installation seal issued by the department to the
59.13outside of the home as required by the Minnesota State Building Code. The certificate
59.14of installation issued by the installer of record shall clearly state that the home has been
59.15reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
59.16for issuance of reinstallation seals shall follow the requirements of sections
59.18those as specified in section
59.19installation certificate for an above frost-line installation is issued to a
59.20manufactured home being listed for sale, the purchase agreement must disclose that the
59.21home is installed on a nonfrost-protected foundation and recommend that the purchaser
59.22have the home inspected to determine the effects of frost on the home.
59.23EFFECTIVE DATE.This section is effective the day following final enactment.
59.24 Sec. 53. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
59.25 Subd. 1f. Notice requirement. The seller of the
59.26home being reinstalled under subdivision 1e shall provide the following notice to the
59.27purchaser and secure signatures of all parties to the purchase agreement on or before
59.28signing a purchase agreement prior to submitting an application for an installation
59.29certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
59.30home under subdivision 1e, the current owner is not required to comply with the notice
59.31requirement under this subdivision. The notice shall be in at least 14-point font, except the
59.32heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
59.33The notice must be printed on a separate sheet of paper in a color different than the paper
60.1on which the purchase agreement is printed. The notice becomes a part of the purchase
60.2agreement and shall be substantially in the following form:
60.5It is recommended that the
60.6follow the instructions in the manufacturer's installation manual. By signing this notice,
60.7the purchaser(s) are acknowledging they have elected to use footings placed above the
60.8local frost line in accordance with the Minnesota State Building Code.
60.9The seller has explained the differences between the manufacturer's installation
60.10instructions and the installation system selected by the purchaser(s) with respect to
60.11possible effects of frost on the manufactured home.
60.12The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
60.13original warranty remaining on the home and recognize that any other extended or ancillary
60.14warranty could be adversely affected if any applicable warranty stipulates that the home
60.15be installed in accordance with the manufacturer's installation manual to remain effective.
60.16After the reinstallation of the manufactured home, it is highly recommended that the
60.17purchaser(s) have a licensed manufactured home installer recheck the home's installation
60.18for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
60.19The purchaser(s) of the used manufactured home described below that is being reinstalled
60.20acknowledge they have read this notice and have been advised to contact the manufacturer
60.21of the home and/or the Department of Labor and Industry if they desire additional
60.22information before signing this notice. It is the intent of this notice to inform the
60.23purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
60.24for the reinstallation of the manufactured home as originally required by the home's
60.25installation manual.
60.26Plain language notice.
60.27I understand that because this home will be installed with footings placed above the
60.28local frost line, this home may be subject to adverse effects from frost heave that may
60.29damage this home. Purchaser(s) initials: .......
60.30I understand that the installation of this home with footings placed above the local
60.31frost line could affect my ability to obtain a mortgage or mortgage insurance on this
60.32home. Purchaser(s) initials: .......
60.33I understand that the installation of this home with footings placed above the local
60.34frost line could void my warranty on the home if any warranty is still in place on this
60.35home. Purchaser(s) initials: .......
61.12Name of licensed installer and license number or homeowner responsible for the
61.13installation of the home as described above.
61.16EFFECTIVE DATE.This section is effective the day following final enactment.
61.17 Sec. 54. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
61.18 Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in
61.19accordance with sections
61.20administration and enforcement of the manufactured home installation rules promulgated
61.21by the commissioner. Municipalities which have adopted the State Building Code may
61.22provide installation inspection and plan review services in noncode areas of the state.
61.23EFFECTIVE DATE.This section is effective the day following final enactment.
61.24 Sec. 55. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
61.25 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
61.26installation seals and inspections which are sufficient to cover all costs incurred in the
61.27administration of sections
61.28rule a monitoring inspection fee in an amount that will comply with the secretary's fee
61.29distribution program. This monitoring inspection fee shall be an amount paid by the
61.30manufacturer for each manufactured home produced in Minnesota. The monitoring
61.31inspection fee shall be paid by the manufacturer to the secretary. The rules of the
61.32fee distribution program require the secretary to distribute the fees collected from all
61.33manufactured home manufacturers among states approved and conditionally approved
61.34based on the number of new manufactured homes whose first location after leaving the
62.1manufacturer is on the premises of a distributor, dealer or purchaser in that state. Fees
62.2for inspections in areas that have not adopted the State Building Code must be equal to
62.3the fees for inspections in code areas of the state. Third party vendors may charge their
62.4usual and normal charge for inspections.
62.5EFFECTIVE DATE.This section is effective the day following final enactment.
62.6 Sec. 56. Minnesota Statutes 2010, section 327C.095, subdivision 12, is amended to
62.7read:
62.8 Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
62.9 (a) If a manufactured home owner is required to move due to the conversion of all or a
62.10portion of a manufactured home park to another use, the closure of a park, or cessation of
62.11use of the land as a manufactured home park, the manufactured park owner shall, upon
62.12the change in use, pay to the commissioner of management and budget for deposit in the
62.13Minnesota manufactured home relocation trust fund under section
62.14amount of the actual costs of moving or purchasing the manufactured home approved
62.15by the neutral third party and paid by the Minnesota Housing Finance Agency under
62.16subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
62.17home, and $6,000 for each multisection manufactured home, for which a manufactured
62.18home owner has made application for payment of relocation costs under subdivision 13,
62.19paragraph (c). The manufactured home park owner shall make payments required under
62.20this section to the Minnesota manufactured home relocation trust fund within 60 days of
62.21receipt of invoice from the neutral third party.
62.22 (b) A manufactured home park owner is not required to make the payment prescribed
62.23under paragraph (a), nor is a manufactured home owner entitled to compensation under
62.24subdivision 13, paragraph (a) or (e), if:
62.25 (1) the manufactured home park owner relocates the manufactured home owner to
62.26another space in the manufactured home park or to another manufactured home park at
62.27the park owner's expense;
62.28 (2) the manufactured home owner is vacating the premises and has informed the
62.29manufactured home park owner or manager of this prior to the mailing date of the closure
62.30statement under subdivision 1;
62.31 (3) a manufactured home owner has abandoned the manufactured home, or the
62.32manufactured home owner is not current on the monthly lot rental, personal property taxes;
62.33 (4) the manufactured home owner has a pending eviction action for nonpayment of
62.34lot rental amount under section
63.1owner prior to the mailing date of the closure statement under subdivision 1, and the writ
63.2of recovery has been ordered by the district court;
63.3 (5) the conversion of all or a portion of a manufactured home park to another use,
63.4the closure of a park, or cessation of use of the land as a manufactured home park is the
63.5result of a taking or exercise of the power of eminent domain by a governmental entity
63.6or public utility; or
63.7 (6) the owner of the manufactured home is not a resident of the manufactured home
63.8park, as defined in section
63.9is a resident, but came to reside in the manufactured home park after the mailing date of
63.10the closure statement under subdivision 1.
63.11 (c) If the unencumbered fund balance in the manufactured home relocation trust fund
63.12is less than $1,000,000 as of June 30 of each year, the commissioner of management and
63.13budget shall
63.14of $12 for each licensed lot in their park, payable on or before September 15 of
63.15year. The commissioner of management and budget shall deposit
63.16Minnesota manufactured home relocation trust fund. On or before July 15 of each year,
63.17the commissioner of management and budget shall prepare and distribute to park owners a
63.18letter explaining whether funds are being collected for that year, information about the
63.19collection, an invoice for all licensed lots, and a sample form for the park owners to
63.20collect information on which park residents have been accounted for. If assessed under
63.21this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
63.22sum or as a monthly fee of no more than $1 collected from park residents together with
63.23monthly lot rent as provided in section
63.24payment for lots in their park that are vacant or otherwise not eligible for contribution to
63.25the trust fund under section
63.26assessment accordingly.
63.27 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
63.28the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
63.29in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
63.30attorney fees, court costs, and disbursements.
63.31EFFECTIVE DATE.This section is effective the day following final enactment.
63.32 Sec. 57. REVISOR'S INSTRUCTION.
63.33The revisor of statutes shall renumber each section of Minnesota Statutes listed in
63.34column A with the number listed in column B. The revisor shall also make necessary
63.35cross-reference changes consistent with the renumbering.
64.30 Sec. 58. REPEALER.
64.31Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
64.32subdivision 3, are repealed.
64.33EFFECTIVE DATE.This section is effective January 1, 2012.