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SF 2510

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 06/21/2017 11:31am

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A bill for an act
relating to economic development; amending the definition of green economy
to include the concept of green chemistry; creating a fast-action economic
response team; expanding the Minnesota investment fund; removing a grant
program restriction; expanding loan program to veteran-owned small businesses;
creating the Minnesota Science and Technology Authority; providing for a
comparative study of state laws affecting small business start-ups; modifying
certain unemployment insurance administrative, benefit, and tax provisions;
protecting customers from injuries resulting from use of inflatable play
equipment; modifying labor and industry licensing and certain license fee
provisions; modifying enforcement requirements of the State Building Code;
modifying the requirements of the Manufactured Home Building Code; allowing
expedited rulemaking; providing for licensing and regulation of individuals
engaged in mortgage loan origination or mortgage loan business; providing for
licensing and regulation of appraisal management companies; providing for
property acquisition from petroleum tank fund proceeds; regulating cadmium
in children's jewelry; regulating the sale and termination of portable electronics
insurance; authorizing amendments to a municipal comprehensive plan for
affordable housing; amending Iron Range resources provisions; requiring certain
reports; appropriating money; amending Minnesota Statutes 2008, sections
58.04, subdivision 1; 58.08, by adding a subdivision; 58.09; 58.10, subdivision
1; 58.11; 60K.36, subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5,
by adding a subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision
1; 116J.8731, subdivisions 1, 4; 116J.996; 116L.665, subdivisions 3, 6, by
adding a subdivision; 136F.06, by adding a subdivision; 181.723, subdivision
5; 268.035, subdivision 20, by adding a subdivision; 268.046, subdivision 1;
268.051, subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivisions 9, 16;
268.095, subdivision 5; 268.101, by adding a subdivision; 268.184, subdivision
1; 326B.106, subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding
subdivisions; 326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42,
by adding subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475,
subdivision 2; 326B.50, by adding subdivisions; 326B.54; 326B.55, as amended;
326B.56, as amended; 326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6;
326B.865; 326B.921, subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision
2, by adding a subdivision; 327.31, subdivision 17, by adding subdivisions;
327.32, subdivision 1, by adding subdivisions; 327.34, subdivision 1; 327B.04,
subdivision 2; 363A.42, as added; 363A.43, as added; 462.355, subdivision
3; 469.1082, subdivision 5; 471.59, subdivision 10; Minnesota Statutes 2009
Supplement, sections 58.06, subdivision 2; 60K.55, subdivision 2; 82B.05,
subdivision 1; 115C.08, subdivision 4; 116J.8731, subdivision 3; 268.035,
subdivisions 19a, 23a; 268.052, subdivision 2; 268.053, subdivision 1; 268.085,
subdivision 1; 268.095, subdivisions 2, 6; 268.105, subdivision 1; 268.136,
subdivision 1; 326B.33, subdivision 19; 326B.475, subdivision 4; 326B.49,
subdivision 1; 326B.58; 326B.815, subdivision 1; 326B.86, subdivision 1;
326B.94, subdivision 4; 326B.986, subdivision 5; 327B.04, subdivisions 7, 7a, 8;
327B.041; Laws 2009, chapter 78, article 1, section 3, subdivision 2; Laws 2010,
chapter 216, section 58; proposing coding for new law in Minnesota Statutes,
chapters 60K; 116J; 116L; 184B; 325E; 326B; proposing coding for new law
as Minnesota Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes
2008, sections 116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions
3, 4; 326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; 326B.986,
subdivision 2; Laws 2010, chapter 215, article 9, section 3; Minnesota Rules,
parts 1301.0500; 1301.0900; 1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3;
1350.8000, subpart 2.

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

ARTICLE 1

EMPLOYMENT AND ECONOMIC DEVELOPMENT

Section 1.

Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to
read:


Subdivision 1.

Definitions.

(a) For the purpose of this section, the following terms
have the meanings given.

(b) "Green economy" means products, processes, methods, technologies, or services
intended to do one or more of the following:

(1) increase the use of energy from renewable sources, including through achieving
the renewable energy standard established in section 216B.1691;

(2) achieve the statewide energy-savings goal established in section 216B.2401,
including energy savings achieved by the conservation investment program under section
216B.241;

(3) achieve the greenhouse gas emission reduction goals of section 216H.02,
subdivision 1, including through reduction of greenhouse gas emissions, as defined in
section 216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
but not limited to, carbon capture, storage, or sequestration;

(4) monitor, protect, restore, and preserve the quality of surface waters, including
actions to further the purposes of the Clean Water Legacy Act as provided in section
114D.10, subdivision 1; or

(5) expand the use of biofuels, including by expanding the feasibility or reducing the
cost of producing biofuels or the types of equipment, machinery, and vehicles that can
use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections
41A.10, subdivision 2, and 41A.11 ; or

(6) increase the use of green chemistry, as defined in section 116.9401.

For the purpose of clause (3), "green economy" includes strategies that reduce carbon
emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
transit or otherwise reducing commuting for employees.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

[116J.872] RESPONSE TEAM.

(a) The department shall operate a fast-action economic response team to contact
and work with businesses that are identified as being:

(1) at risk for relocating or expanding outside the state; or

(2) prospects for expansion or relocation within the state.

(b) The fast-action response team must contact identified businesses within 24 hours.

Sec. 3.

Minnesota Statutes 2008, section 116J.8731, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

The Minnesota investment fund is created to provide
financial and technical assistance, through partnership with communities, for the creation
of new employment or to maintain existing employment, and for business start-up,
expansions, and retention. It shall accomplish these goals by the following means:

(1) creation or retention of permanent private-sector jobs in order to create
above-average economic growth consistent with environmental protection, which includes
investments in technology and equipment that increase productivity and provide for a
higher wage;

(2) stimulation or leverage of private investment to ensure economic renewal and
competitiveness;

(3) increasing the local tax base, based on demonstrated measurable outcomes, to
guarantee a diversified industry mix;

(4) improving the quality of existing jobs, based on increases in wages or
improvements in the job duties, training, or education associated with those jobs;

(5) improvement of employment and economic opportunity for citizens in the region
to create a reasonable standard of living, consistent with federal and state guidelines
on low- to moderate-income persons; and

(6) stimulation of productivity growth through improved manufacturing or new
technologies, including cold weather testing.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 116J.8731, subdivision 3, is
amended to read:


Subd. 3.

Eligible expenditures.

The money appropriated for this section may be
used to fund:

(1) fund grants for infrastructure, loans, loan guarantees, interest buy-downs, and
other forms of participation with private sources of financing, provided that a loan to a
private enterprise must be for a principal amount not to exceed one-half of the cost of the
project for which financing is sought; and

(2) fund strategic investments in renewable energy market development, such as
low interest loans for renewable energy equipment manufacturing, training grants to
support renewable energy workforce, development of a renewable energy supply chain
that represents and strengthens the industry throughout the state, and external marketing
to garner more national and international investment into Minnesota's renewable sector.
Expenditures in external marketing for renewable energy market development are not
subject to the limitations in clause (1); and

(3) provide private entrepreneurs with training, other technical assistance, and
financial assistance, as provided in the small cities development block grant program
.

Sec. 5.

Minnesota Statutes 2008, section 116J.8731, subdivision 4, is amended to read:


Subd. 4.

Eligible projects.

Assistance must be evaluated on the existence of the
following conditions:

(1) creation of new jobs, retention of existing jobs, or improvements in the quality of
existing jobs as measured by the wages, skills, or education associated with those jobs;

(2) increase in the tax base;

(3) the project can demonstrate that investment of public dollars induces private
funds;

(4) the project can demonstrate an excessive public infrastructure or improvement
cost beyond the means of the affected community and private participants in the project;

(5) the project provides higher wage levels to the community or will add value to
current workforce skills;

(6) the project supports the development of microenterprises, as defined by federal
statutes, through financial assistance, technical assistance, advice, or business services;

(7) whether assistance is necessary to retain existing business;

(7) (8) whether assistance is necessary to attract out-of-state business; and

(8) (9) the project promotes or advances the green economy as defined in section
116J.437.

A grant or loan cannot be made based solely on a finding that the conditions in
clause (6) (7) or (7) (8) exist. A finding must be made that a condition in clause (1), (2),
(3), (4), or (5), or (6) also exists.

Applications recommended for funding shall be submitted to the commissioner.

Sec. 6.

Minnesota Statutes 2008, section 116J.996, is amended to read:


116J.996 MILITARY RESERVIST ECONOMIC INJURY AND
VETERAN-OWNED SMALL BUSINESS
LOANS.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Active service" has the meaning given in section 190.05.

(c) "Commissioner" means the commissioner of employment and economic
development.

(d) "Eligible business" means a small business, as defined in section 645.445, that
was operating in Minnesota on the date a military reservist received orders for active
service.

(e) "Essential employee" means a military reservist who is an owner or employee
of an eligible business and whose managerial or technical expertise is critical to the
day-to-day operation of the eligible business.

(f) "Military reservist" means a member of the reserve component of the armed
forces.

(g) "Reserve component of the armed forces" has the meaning given it in United
States Code, title 10, section 101(c).

(h) "Substantial economic injury" means an economic harm to an eligible business
that results in the inability of the eligible business to:

(1) meet its obligations as they mature;

(2) pay its ordinary and necessary operating expenses; or

(3) manufacture, produce, market, or provide a product or service ordinarily
manufactured, produced, marketed, or provided by the eligible business.

(i) "Veteran-owned small business" means a small business, as defined in section
645.445, that is majority-owned and operated by a recently separated veteran.

Subd. 2.

Loan program.

The commissioner may make onetime, interest-free
loans of up to $20,000 per borrower to:

(1) eligible businesses that have sustained or are likely to sustain substantial
economic injury as a result of the call to active service for 180 days or more of an essential
employee; or

(2) recently separated veterans who are veterans as defined in section 197.447,
and have served in active military service, at any time on or after September 11, 2001,
to start a veteran-owned small business
.

Loans for economic injury must be made for the purpose of preventing, remedying, or
ameliorating the substantial economic injury.

Subd. 3.

Revolving loan account.

The commissioner shall use money appropriated
for the purpose to establish a revolving loan account. All repayments of loans made
under this section must be deposited into this account. Interest earned on money in the
account accrues to the account. Money in the account is appropriated to the commissioner
for purposes of the loan program created in this section, including costs incurred by the
commissioner to establish and administer the program.

Subd. 4.

Rules.

Using the expedited rulemaking procedures of section 14.389, the
commissioner shall develop and publish expedited rules for loan applications, use of
funds, needed collateral, terms of loans, and other details of military reservist economic
injury and veteran-owned small business loans.

Sec. 7.

Minnesota Statutes 2008, section 116L.665, subdivision 3, is amended to read:


Subd. 3.

Purpose; duties.

The governor's Workforce Development Council shall
replace the governor's Job Training Council and assume all of its requirements, duties,
and responsibilities under the Workforce Investment Act. Additionally, the Workforce
Development Council shall assume the following duties and responsibilities:

(a) Review the provision of services and the use of funds and resources under
applicable federal human resource programs and advise the governor on methods of
coordinating the provision of services and the use of funds and resources consistent with
the laws and regulations governing the programs. For purposes of this section, applicable
federal and state human resource programs mean the:

(1) Workforce Investment Act, United States Code, title 29, section 2911, et seq.;

(2) Carl D. Perkins Vocational and Applied Technology Education Act, United
States Code, title 20, section 2301, et seq.;

(3) Adult Education Act, United States Code, title 20, section 1201, et seq.;

(4) Wagner-Peyser Act, United States Code, title 29, section 49;

(5) Personal Responsibility and Work Opportunities Act of 1996 (TANF);

(6) Food Stamp Act of 1977, United States Code, title 7, section 6(d)(4), Food Stamp
Employment and Training Program, United States Code, title 7, section 2015(d)(4); and

(7) programs defined in section 116L.19, subdivision 5.

Additional federal and state programs and resources can be included within the scope
of the council's duties if recommended by the governor after consultation with the council.

(b) Review federal, state, and local education, postsecondary, job skills training,
and youth employment programs, and make recommendations to the governor and the
legislature for establishing an integrated seamless system for providing education and
work skills development services to learners and workers of all ages.

(c) Advise the governor on the development and implementation of statewide and
local performance standards and measures relating to applicable federal human resource
programs and the coordination of performance standards and measures among programs.

(d) Promote education and employment transitions programs and knowledge and
skills of entrepreneurship among employers, workers, youth, and educators, and encourage
employers to provide meaningful work-based learning opportunities;

(e) Evaluate and identify exemplary education and employment transitions programs
and provide technical assistance to local partnerships to replicate the programs throughout
the state.

(f) Advise the governor on methods to evaluate applicable federal human resource
programs.

(g) Sponsor appropriate studies to identify human investment needs in Minnesota
and recommend to the governor goals and methods for meeting those needs.

(h) Recommend to the governor goals and methods for the development and
coordination of a human resource system in Minnesota.

(i) Examine federal and state laws, rules, and regulations to assess whether they
present barriers to achieving the development of a coordinated human resource system.

(j) Recommend to the governor and to the federal government changes in state or
federal laws, rules, or regulations concerning employment and training programs that
present barriers to achieving the development of a coordinated human resource system.

(k) Recommend to the governor and to the federal government waivers of laws and
regulations to promote coordinated service delivery.

(l) Sponsor appropriate studies and prepare and recommend to the governor a
strategic plan which details methods for meeting Minnesota's human investment needs
and for developing and coordinating a state human resource system.

(m) Provide the commissioner of employment and economic development and
the committees of the legislature with responsibility for economic development with
recommendations provided to the governor under this subdivision.

(n) In consultation with local workforce councils and the Department of Employment
and Economic Development, develop an ongoing process to identify and address local
gaps in workforce services.

Sec. 8.

Minnesota Statutes 2008, section 116L.665, subdivision 6, is amended to read:


Subd. 6.

Staffing.

The Department of Employment and Economic Development
must provide staff support , including but not limited to professional, technical, and clerical
staff necessary to perform the duties assigned
to the Minnesota Workforce Development
Council. The support includes professional, technical, and clerical staff necessary to
perform the duties assigned to the Workforce Development Council.
All staff report to the
commissioner.
The council may ask for assistance from other units of state government as
it requires in order to fulfill its duties and responsibilities.

Sec. 9.

Minnesota Statutes 2008, section 116L.665, is amended by adding a subdivision
to read:


Subd. 8.

Funding.

The commissioner shall develop recommendations on a funding
formula for allocating Workforce Investment Act funds to the council with a minimum
allocation of $350,000 per year. The commissioner shall report the funding formula
recommendations to the legislature by January 15, 2011.

Sec. 10.

[116L.98] WORKFORCE PROGRAM OUTCOMES.

The commissioner shall develop and implement a set of standard approaches
for assessing the outcomes of workforce programs under this chapter. The outcomes
assessed must include, but are not limited to, periodic comparisons of workforce program
participants and nonparticipants.

The commissioner shall also monitor the activities and outcomes of programs and
services funded by legislative appropriations and administered by the department on a
pass-through basis and develop a consistent and equitable method of assessing recipients
for the costs of its monitoring activities.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 11.

[116W.01] MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY
ACT.

This chapter may be cited as the "Minnesota Science and Technology Authority Act."

Sec. 12.

[116W.02] DEFINITIONS.

Subdivision 1.

Applicability.

For the purposes of this chapter, the terms in this
section have the meanings given them.

Subd. 2.

Authority.

"Authority" means the Minnesota Science and Technology
Authority.

Subd. 3.

Eligible recipient.

"Eligible recipient" means an entity primarily operating
to create and retain jobs in the state's industrial base and maximize the economic growth
of the state through:

(1) high-technology research and development capabilities;

(2) product and process innovation and commercialization;

(3) high-technology manufacturing capabilities;

(4) science and technology business environment; or

(5) science and technology workforce preparation.

Subd. 4.

Advisory commission.

"Advisory commission" means the advisory
commission under section 116W.051.

Sec. 13.

[116W.03] MINNESOTA SCIENCE AND TECHNOLOGY
AUTHORITY.

Subdivision 1.

Membership.

The Minnesota Science and Technology Authority
consists of the commissioner of employment and economic development, the
commissioner of management and budget, the commissioner of revenue, the commissioner
of commerce, and the commissioner of agriculture.

Subd. 2.

Chair; other officers.

The commissioner of employment and economic
development shall serve as the chair and chief executive officer of the authority. The
authority shall rotate the position of vice chair annually among its members. The
commissioner of employment and economic development shall convene the first meeting
of the authority no later than July 1, 2010. In the absence of the chair or vice chair at
meetings of the authority members may elect a chair for the meeting, and may elect other
officers as necessary from its members.

Subd. 3.

Delegation.

In addition to any powers to delegate that members of the
authority have as commissioners, they may delegate to the chair, vice chair, or executive
director their responsibilities as members of the authority for reviewing and approving
financing of eligible projects, projects that have been authorized by law, or programs
specifically authorized by resolution of the authority.

Subd. 4.

Actions.

(a) A majority of the authority, excluding vacancies, constitutes a
quorum to conduct its business, to exercise its powers, and for all other purposes.

(b) The authority may conduct its business by any technological means available,
including teleconference calls or interactive video, that allows for an interaction between
members. If a meeting is conducted under this paragraph, a specific location must be
available for the public to attend the meeting and at least one member must be present at
that location.

Subd. 5.

Executive director; staffing.

The authority shall employ an executive
director in the unclassified service. The initial executive director must be the individual in
the position of director of the Office of Science and Technology as of January 1, 2010,
under section 116J.657. The executive director is responsible for hiring staff necessary to
assist the executive director to carry out the duties and responsibilities of the authority.
The executive director shall perform duties that the authority may require in carrying out
its responsibilities to manage and implement the funds and programs in this chapter, and
comply with all state and federal program requirements, and state and federal securities
and tax laws and regulations. The executive director shall assist the advisory board in
fulfilling its duties under this chapter.

Subd. 6.

Administrative services.

The authority shall enter into agreements for
administrative and professional services and technical support.

Subd. 7.

Expiration.

This section expires June 30, 2018. Section 15.059,
subdivision 5, does not apply to the authority.

Sec. 14.

[116W.04] POWERS AND DUTIES.

Subdivision 1.

Duties.

The Science and Technology Authority shall:

(1) coordinate public and private efforts to procure federal funding for collaborative
research and development projects of primary benefit to small-sized and medium-sized
businesses;

(2) promote contractual relationships between Minnesota businesses that are
recipients of federal grants and prime contractors, and Minnesota-based subcontractors;

(3) work with Minnesota nonprofit institutions including the University of
Minnesota, Minnesota State Colleges and Universities, and the Mayo Clinic in promoting
collaborative efforts to respond to federal funding opportunities;

(4) develop a framework for Minnesota companies to establish sole-source
relationships with federal agencies;

(5) provide grants or other forms of financial assistance to eligible recipients for
purposes of this chapter;

(6) coordinate workshops, assistance with business proposals, licensing, intellectual
property protection, commercialization, and government auditing with the University of
Minnesota and Minnesota State Colleges and Universities; and

(7) develop and implement a comprehensive science and technology economic
development strategy for the state.

Subd. 2.

Technology matchmaking.

The authority must assist businesses in
identifying qualified suppliers and vendors through a program to serve as a conduit for
Minnesota-based companies to network with firms able to support their success. Firms
outside Minnesota can participate in the technology matchmaking network if one of the
participating companies is located in Minnesota.

Subd. 3.

Commercialization assistance.

The authority must provide
commercialization assistance to Minnesota firms that have received a Phase I Small
Business Innovation Research (SBIR) or a Phase I Small Business Technology Transfer
(STTR) award and are submitting a Phase II proposal. Local service providers must assist
the applicant with developing and reviewing the required commercialization plan prior to
Phase II submission. The authority may provide SBIR Phase I proposal technical review.

Subd. 4.

Power to sue; enter contracts.

The authority may sue and be sued. The
authority may make and enter into contracts, leases, and agreements necessary to perform
its duties and exercise its powers.

Subd. 5.

Gifts; grants.

The authority may apply for, accept, and disburse gifts,
grants, loans, or other property from the United States, the state, private sources, or
any other source for any of its purposes. Money received by the authority under this
subdivision must be deposited in the state treasury and is appropriated to the authority to
carry out its duties.

Subd. 6.

Contract for services.

The authority may retain or contract for the
services of accountants, financial advisors, and other consultants or agents needed to
perform its duties and exercise its powers.

Subd. 7.

Fees.

The authority may set and collect fees for costs incurred by the
authority, the Department of Employment and Economic Development, the Department of
Management and Budget, the Department of Revenue, the Department of Commerce, the
Department of Labor and Industry, and the Department of Agriculture, including costs
for personnel, professional, and administrative services.

Subd. 8.

Reports.

(a) The authority shall report by February 1 each year to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over finance and economic development on its progress to design, coordinate,
and administer a strategic science and technology program for the state to promote the
welfare of the people of the state, maximize the economic growth of the state, and create
and retain jobs in the state's industrial base through enhancement of Minnesota's:

(1) high-technology research and development capabilities;

(2) product and process innovation and commercialization;

(3) high-technology manufacturing capabilities;

(4) science and technology business environment; and

(5) science and technology workforce preparation.

(b) The report must include a complete operating and financial statement covering
the authority's operations during the year, including amounts of income from all sources.
Books and records of the authority are subject to audit by the legislative auditor in the
manner prescribed for state agencies.

Subd. 9.

Consultative and technical services.

The authority may provide general
consultative and technical services to assist eligible projects and enter into agreements or
other transactions concerning the receipt or provision of those services.

Subd. 10.

Financial information.

Financial information, including credit reports,
financial statements, and net worth calculations, received or prepared by the authority
regarding financial assistance, is private data with regard to data on individuals as defined
in section 13.02, subdivision 12, and nonpublic data with regard to data not on individuals
as defined in section 13.02, subdivision 9.

Subd. 11.

General.

The authority shall have all powers necessary and appropriate to
fulfill its responsibilities under this chapter.

Sec. 15.

[116W.05] PROJECT FINANCIAL ASSISTANCE.

Subdivision 1.

Determination of financial assistance.

The authority shall assist
eligible recipients in identifying grants or other sources of financial assistance available to
finance projects and may assist eligible recipients in applying for and obtaining grants and
other forms of assistance.

Subd. 2.

Financial feasibility review.

(a) The authority shall review the proposed
financing for each project submitted to the authority to determine whether: (1) the
proposed project and financing plan is an eligible use of the money; and (2) the proposal is
in compliance with applicable state and federal tax and securities laws and regulations.
Grants in excess of $50,000 must be approved by the authority. Grants of $50,000 or less
may be authorized by the executive director. All grant approvals or disapprovals must
be completed within 30 days of submission to the authority. Grants approved by the
executive director must be reviewed by the authority each month.

(b) Unless a project is specifically authorized by law, the authority may reject the
proposed financing for a project meeting the requirements in paragraph (a) if there are not
sufficient funds available or if a majority of members believe the financing of the project
would not be in the best interests of the state or would be detrimental to the authority's
funds or programs. A determination to reject a proposed project must not be made in
an arbitrary and capricious manner and must be supported by substantive evidence and
documented by a resolution of the authority stating its findings.

Sec. 16.

[116W.051] ADVISORY COMMISSION.

Subdivision 1.

Advisory commission membership.

A Science and Technology
Initiative Advisory Commission of 18 members is established and is comprised of:

(1) two representatives of the University of Minnesota, selected by the president of
the university, including a faculty member actively involved in science and technology
research;

(2) two representatives of the Minnesota State Colleges and Universities, selected by
the chancellor, including a faculty member actively involved in science and technology
research;

(3) the chief executive officer of Mayo Clinic or a designee;

(4) six chief executive officers or designees from science-oriented or
technology-oriented companies;

(5) four representatives from science-oriented and technology-oriented
organizations;

(6) one representative of organized labor;

(7) a venture capital representative; and

(8) a representative of angel investors.

A member must have experience in science or technology in order to serve on
the commission.

Members of the commission listed in clauses (4) to (8) shall be appointed by the
authority.

Subd. 2.

Advisory commission duties.

The advisory commission must assist the
authority in developing a comprehensive science and technology economic development
plan to be presented to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over economic development and higher
education by January 15, 2011. The plan must include recommendations in strategic
areas for science and technology investments, recommendations on additional programs
to support science and technology focused economic development activities in the state,
selection of specific programs and grantees for support from program funds authorized by
the advisory commission and ongoing assessment of the effectiveness of programmatic
elements according to metrics to be developed by the authority in consultation with the
advisory commission. The advisory commission may also advise and assist the authority
in fulfilling its duties under section 116W.04.

Subd. 3.

Membership terms; vacancies; compensation.

The membership terms,
removal of members, and filling of vacancies are as provided under section 15.059. The
executive director may provide compensation to members if funds are available.

Subd. 4.

Expiration.

The advisory commission expires June 30, 2013.

Subd. 5.

Convening of meetings; staffing.

The executive director of the authority
must convene the first meeting of the commission by August 1, 2010. The executive
director must provide administrative support and staff to the commission.

Sec. 17.

[116W.20] MONEY OF THE AUTHORITY.

Subdivision 1.

Functions of commissioner of management and budget.

Except
as otherwise provided in this section, money of the authority must be paid to the
commissioner of management and budget as agent of the authority and the commissioner
shall not commingle the money with other money. The money in the accounts of the
authority must be paid out only on warrants drawn by the commissioner of management
and budget on requisition of the executive director of the authority or of another officer or
employee as the authority authorizes. Deposits of the authority's money must, if required
by the commissioner or the authority, be secured by obligations of the United States or of
the state of a market value equal at all times to the amount of the deposit and all banks and
trust companies are authorized to give security for the deposits. All money paid to the
commissioner as agent of the authority is appropriated to the authority. The commissioner
must annually report to the committees of the legislature with responsibility for economic
development and management and budget on the use of appropriations under this section.

Subd. 2.

System of accounts.

The commissioner of management and budget shall
prescribe a system of accounts.

Sec. 18.

[116W.21] NONLIABILITY.

Subdivision 1.

Nonliability of individuals.

No member of the authority, staff of
the authority, or other person executing other agreements or contracts of the authority is
liable personally or is subject to any personal liability or accountability by reason of their
issuance, execution, delivery, or performance.

Subd. 2.

Nonliability of state.

The state is not liable on loans or other agreements
or contracts of the authority issued or entered into under this chapter and the loans or
other agreements or contracts of the authority are not a debt of the state. The loans or
other agreements or contracts of the authority must contain on their face a statement
to that effect.

Sec. 19.

[116W.23] STATE PLEDGE AGAINST IMPAIRMENT OF
CONTRACTS.

The state pledges and agrees with parties to any loans or other agreements or
contracts of the authority that the state will not: (1) limit or alter the rights vested in the
authority to fulfill the terms of any agreements made with the parties to any loans or other
agreements or contracts of the authority; or (2) in any way impair the rights and remedies
of the parties to any loans or other agreements or contracts of the authority. The authority
may include this pledge and agreement of the state in any agreement with the parties in
any loans or other agreements or contracts of the authority.

Sec. 20.

[116W.24] RESERVES; FUNDS; ACCOUNTS.

The authority may establish reserves, funds, or accounts necessary to carry out the
purposes of the authority or to comply with any agreement made by or any resolution
passed by the authority.

Sec. 21.

Minnesota Statutes 2008, section 136F.06, is amended by adding a subdivision
to read:


Subd. 4.

Workforce focus.

The board must identify colleges offering flexible
academic programs that accommodate the needs of laid-off workers and assist its other
institutions in determining whether to offer similar programs. Colleges must increase the
number of certificate programs available to meet the needs of unemployed Minnesotans.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22.

Minnesota Statutes 2008, section 363A.42, as added by Laws 2010, chapter
271, section 2, is amended to read:


363A.42 PUBLIC RECORDS; ACCESSIBILITY.

Subdivision 1.

Definitions.

For purposes of this section, "records" means any
publicly available
recorded information that is collected, created, received, maintained or
disseminated by the executive, judicial or legislative branches of the state, the Minnesota
State Colleges and Universities, the University of Minnesota, cities, towns, counties,
school districts and all other political subdivisions of the state, regardless of physical
form or method of storage.

Subd. 2.

Accessibility.

All Upon request by an individual, records must be made
available within a reasonable time period to persons with disabilities in a manner consistent
with state and federal laws prohibiting discrimination against persons with disabilities.
Reasonable modifications must be made in any policies, practices and procedures that
might otherwise deny equal access to records to individuals with disabilities.

Subd. 2a.

Exemptions.

Notwithstanding any law to the contrary except Laws 2009,
chapter 131, this section does not apply to: (1) technology procured or developed prior to
January 1, 2013, unless substantially modified or substantially enhanced after January 1,
2013; or (2) records that cannot be reasonably modified to be accessible without an undue
burden as defined in section 16E.015, subdivision 4, to the public entity.

Subd. 3.

Penalties.

Violation of this section is subject to a penalty of $500 per
violation, plus reasonable attorney fees, costs and disbursements, payable to a qualified
disabled person under section 363A.03, subdivision 36, who sought the accessible record
under subdivision 2,
by the public entity in violation of this section. The total amount
of penalties payable to any individual or class regardless of the number of violations
is limited to $15,000. In any class action or series of class actions which arise from a
violation of this section, the amount of attorney fees awarded against the violating public
entity may not exceed $15,000. Any action must be commenced within one year of the
occurrence of the alleged violation.

Sec. 23.

Minnesota Statutes 2008, section 363A.43, as added by Laws 2010, chapter
271, section 3, is amended to read:


363A.43 CONTINUING EDUCATION; ACCESSIBILITY.

Subdivision 1.

Accessibility.

Any Upon request by an individual, any continuing
education or professional development course, offering, material or activity approved or
administered by the state, political subdivisions of the state, the University of Minnesota or
the Minnesota State Colleges and Universities, must be made available within a reasonable
time period
to persons with disabilities in a manner consistent with state and federal laws
prohibiting discrimination against persons with disabilities. Reasonable modifications
must be made in any policies, practices and procedures that might otherwise deny equal
access to continuing education or professional development to individuals with disabilities.

Subd. 2.

Penalties.

Violation of this section is subject to a penalty of $500 per
violation, plus reasonable attorney fees, costs and disbursements, payable to a qualified
disabled person under section 363A.03, subdivision 36, who sought the accessible format
under subdivision 1,
by the public entity or the entity offering the course, material, or
activity under a contract with a public entity. The total amount of penalties payable to any
individual or class regardless of the number of violations is limited to $15,000. In any class
action or series of class actions which arise from a violation of this section, the amount of
attorney fees awarded against the violating public entity may not exceed $15,000. Any
action must be commenced within one year of the occurrence of the alleged violation.

Sec. 24.

Minnesota Statutes 2008, section 462.355, subdivision 3, is amended to read:


Subd. 3.

Adoption by governing body.

A proposed comprehensive plan or an
amendment to it may not be acted upon by the governing body until it has received the
recommendation of the planning agency or until 60 days have elapsed from the date an
amendment proposed by the governing body has been submitted to the planning agency
for its recommendation. Unless otherwise provided by charter, the governing body may by
resolution by a two-thirds vote of all of its members adopt and amend the comprehensive
plan or portion thereof as the official municipal plan upon such notice and hearing as
may be prescribed by ordinance. Except for amendments to permit affordable housing
development, a resolution to amend or adopt a comprehensive plan must be approved by
a two-thirds vote of all of the members. Amendments to permit an affordable housing
development are approved by a simple majority of all of the members. For purposes of
this subdivision, "affordable housing development" means a development in which at
least 20 percent of the residential units are restricted to occupancy for at least ten years
by residents whose household income at the time of initial occupancy does not exceed
60 percent of area median income, adjusted for household size, as determined by the
United States Department of Housing and Urban Development, and with respect to
rental units, the rents for affordable units do not exceed 30 percent of 60 percent of area
median income, adjusted for household size, as determined annually by the United States
Department of Housing and Urban Development.

Sec. 25.

Minnesota Statutes 2008, section 469.1082, subdivision 5, is amended to read:


Subd. 5.

Area of operation.

The area of operation of a county economic
development service provider created under this section shall include all cities and
townships
within a county that have adopted resolutions electing to participate. A city
or township may adopt a resolution electing to withdraw participation. The withdrawal
election may be made every fifth year following adoption of the resolution electing
participation. The withdrawal election is effective on the anniversary date of the original
resolution provided notice is given to the county economic development authority not less
than 90 nor more than 180 days prior to that anniversary date. The city or township
electing to withdraw retains any rights, obligations, and liabilities it obtained or incurred
during its participation. Any city or township within the county shall have the option to
adopt a resolution to prohibit the county economic development service provider created
under this section from operating within its boundaries and (1) within an agreed upon
urban service area, or (2) within the distance approved in the committee report referenced
in subdivision 3. If a city or township prohibits a county economic development service
provider created under this section from operating within its boundaries, the city's or
township's
property taxpayers shall not be subject to the property tax levied for the county
economic development service provider.

Sec. 26.

Minnesota Statutes 2008, section 471.59, subdivision 10, is amended to read:


Subd. 10.

Services performed by governmental units; commonality of powers.

Notwithstanding the provisions of subdivision 1 requiring commonality of powers
between parties to any agreement, the governing body of any governmental unit as
defined in subdivision 1 may enter into agreements with any other governmental unit
to perform on behalf of that unit any service or function which the governmental unit
providing the service or function is authorized to provide for itself. If the agreement
has the effect of eliminating or replacing a public employee who is part of a collective
bargaining agreement represented by an exclusive representative, and there is no provision
in the collective bargaining agreement detailing the effect of the action on the affected
public employee, negotiations on the effects to the employee of the job elimination or
restructuring must be conducted between the exclusive representative and the employer.

Sec. 27.

Laws 2009, chapter 78, article 1, section 3, subdivision 2, is amended to read:


Subd. 2.

Business and Community
Development

8,980,000
8,980,000
Appropriations by Fund
General
7,941,000
7,941,000
Remediation
700,000
700,000
Workforce
Development
339,000
339,000

(a) $700,000 the first year and $700,000 the
second year are from the remediation fund for
contaminated site cleanup and development
grants under Minnesota Statutes, section
116J.554. This appropriation is available
until expended.

(b) $200,000 each year is from the general
fund for a grant to WomenVenture for
women's business development programs
and for programs that encourage and assist
women to enter nontraditional careers in the
trades; manual and technical occupations;
science, technology, engineering, and
mathematics-related occupations; and green
jobs. This appropriation may be matched
dollar for dollar with any resources available
from the federal government for these
purposes with priority given to initiatives
that have a goal of increasing by at least ten
percent the number of women in occupations
where women currently comprise less than 25
percent of the workforce. The appropriation
is available until expended.

(c) $105,000 each year is from the general
fund and $50,000 each year is from the
workforce development fund for a grant to
the Metropolitan Economic Development
Association for continuing minority business
development programs in the metropolitan
area. This appropriation must be used for the
sole purpose of providing free or reduced
fee business consulting services to minority
entrepreneurs and contractors.

(d)(1) $500,000 each year is from the
general fund for a grant to BioBusiness
Alliance of Minnesota for bioscience
business development programs to promote
and position the state as a global leader
in bioscience business activities. This
appropriation is added to the department's
base. These funds may be used to create,
recruit, retain, and expand biobusiness
activity in Minnesota; implement the
destination 2025 statewide plan; update
a statewide assessment of the bioscience
industry and the competitive position of
Minnesota-based bioscience businesses
relative to other states and other nations;
and develop and implement business and
scenario-planning models to create, recruit,
retain, and expand biobusiness activity in
Minnesota.

(2) The BioBusiness Alliance must report
each year by February 15 to the committees
of the house of representatives and the senate
having jurisdiction over bioscience industry
activity in Minnesota on the use of funds;
the number of bioscience businesses and
jobs created, recruited, retained, or expanded
in the state since the last reporting period;
the competitive position of the biobusiness
industry; and utilization rates and results of
the business and scenario-planning models
and outcomes resulting from utilization of
the business and scenario-planning models.

(e)(1) Of the money available in the
Minnesota Investment Fund, Minnesota
Statutes, section 116J.8731, to the
commissioner of the Department of
Employment and Economic Development,
up to $3,000,000 is appropriated in fiscal year
2010 for a loan to an aircraft manufacturing
and assembly company, associated with the
aerospace industry, for equipment utilized
to establish an aircraft completion center
at the Minneapolis-St. Paul International
Airport. The finishing center must use the
state's vocational training programs designed
specifically for aircraft maintenance training,
and to the extent possible, work to recruit
employees from these programs. The center
must create at least 200 new manufacturing
jobs within 24 months of receiving the
loan, and create not less than 500 new
manufacturing jobs over a five-year period
in Minnesota.

(2) This loan is not subject to loan limitations
under Minnesota Statutes, section 116J.8731,
subdivision 5
. Any match requirements
under Minnesota Statutes, section 116J.8731,
subdivision 3
, may be made from current
resources. This is a onetime appropriation
and is effective the day following final
enactment.

(f) $65,000 each year is from the general
fund for a grant to the Minnesota Inventors
Congress, of which at least $6,500 must be
used for youth inventors.

(g) $200,000 the first year and $200,000 the
second year are for the Office of Science and
Technology. This is a onetime appropriation.

(h) $500,000 the first year and $500,000 the
second year are for a grant to Enterprise
Minnesota, Inc., for the small business
growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation and is available
until expended.

(i)(1) $100,000 each year is from the
workforce development fund for a grant
under Minnesota Statutes, section 116J.421,
to the Rural Policy and Development
Center at St. Peter, Minnesota. The grant
shall be used for research and policy
analysis on emerging economic and social
issues in rural Minnesota, to serve as a
policy resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions, to
provide interdisciplinary team approaches
to research and problem-solving in rural
communities, and to administer overall
operations of the center.

(2) The grant shall be provided upon the
condition that each state-appropriated
dollar be matched with a nonstate dollar.
Acceptable matching funds are nonstate
contributions that the center has received and
have not been used to match previous state
grants. Any funds not spent the first year are
available the second year.

(j) Notwithstanding Minnesota Statutes,
section 268.18, subdivision 2, $414,000 of
funds collected for unemployment insurance
administration under this subdivision is
appropriated as follows: $250,000 to Lake
County for ice storm damage; $64,000 is for
the city of Green Isle for reimbursement of
fire relief efforts and other expenses incurred
as a result of the fire in the city of Green Isle;
and $100,000 is to develop the construction
mitigation pilot program to make grants for
up to five projects statewide available
to local
government units to mitigate the impacts of
transportation construction on local small
business. These are onetime appropriations
and are available until expended.

(k) Up to $10,000,000 is appropriated
from the Minnesota minerals 21st century
fund to the commissioner of Iron Range
resources and rehabilitation to make a grant
or forgivable loan to a manufacturer of
windmill blades at a facility to be located
within the taconite tax relief area defined
in Minnesota Statutes, section 273.134. Of
this amount, $2,000,000 is for a grant to
the Mountain Iron Economic Development
Authority for renewable energy projects.

(l) $1,000,000 is appropriated from the
Minnesota minerals 21st century fund to
the Board of Trustees of the Minnesota
State Colleges and Universities for a grant
to the Northeast Higher Education District
for planning, design, and construction of
classrooms and housing facilities for upper
division students in the engineering program.

(m)(1) $189,000 each year is appropriated
from the workforce development fund for
grants of $63,000 to eligible organizations
each year to assist in the development of
entrepreneurs and small businesses. Each
state grant dollar must be matched with $1
of nonstate funds. Any balance in the first
year does not cancel but is available in the
second year.

(2) Three grants must be awarded to
continue or to develop a program. One
grant must be awarded to the Riverbend
Center for Entrepreneurial Facilitation
in Blue Earth County, and two to other
organizations serving Faribault and Martin
Counties. Grant recipients must report to the
commissioner by February 1 of each year
that the organization receives a grant with the
number of customers served; the number of
businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates. The commissioner
must report to the house of representatives
and senate committees with jurisdiction
over economic development finance on the
effectiveness of these programs for assisting
in the development of entrepreneurs and
small businesses.

Sec. 28. REPORT ON AT-RISK BUSINESSES; CREATION OF FAST-ACTION
ECONOMIC RESPONSE TEAM.

Not later than 30 days after the effective date of this section, the commissioner of
employment and economic development shall submit to the chairs and ranking minority
members of the senate and house of representatives committees with primary jurisdiction
over jobs and employment and economic development a report that identifies retention
methods the department currently uses, and retention methods the department could use
in the future, to identify businesses at risk for relocation or expansion outside of this
state. The report must also include a proactive plan to identify businesses outside of
this state that are seeking to relocate or expand, or that could be encouraged to relocate
or expand through the use of incentives. In developing the plan, the commissioner shall
collaborate with economic development stakeholders from state government, business,
and nongovernmental organizations.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29. CUSTOMER SERVICE.

(a) The commissioner of employment and economic development, in consultation
with workforce service area staff, must, as soon as practical, develop and implement
processes and procedures to ensure that unemployed Minnesotans who go to a workforce
center are provided, to the fullest extent possible, seamless assistance in applying for
unemployment benefits, accessing resource room resources, searching for jobs, accessing
training and other services available to unemployed workers, and receiving answers to
questions about unemployment insurance.

(b) The actions taken to comply with paragraph (a) must include, at a minimum,
the implementation of a procedure by which unemployed Minnesotans may receive, at
their option, face-to-face consultation and assistance in their local workforce center on
applying for unemployment benefits, accessing resource room resources, searching for
jobs, accessing training and other services available to unemployed workers, and receiving
answers to questions about unemployment insurance.

(c) The commissioner is authorized and encouraged to maximize the use of existing
employees and federal dollars to accomplish paragraph (a), including, but not limited to,
paying portions of existing employees' salaries from more than one source of funding,
ensuring that employees are cross-trained to perform functions beyond that required by
paragraph (b) when such employees are stationed in workforce centers, and implementing
need-based scheduling of employees to ensure that each workforce center is adequately
staffed during peak demand hours for the services contemplated by paragraph (a).

(d) By September 1, 2010, the commissioner must provide an initial written report to
the chairs and ranking minority members of the standing committees of the senate and
house of representatives having jurisdiction over economic and workforce development
issues on the actions taken under paragraph (a) and the result of those actions. The report
must include detailed information on new additional resources provided by the department
to ensure that the issues in paragraph (a) are addressed. A second report with updated
information must be provided to the chairs and ranking minority members of the standing
committees of the senate and house of representatives having jurisdiction over economic
and workforce development issues by January 15, 2011.

EFFECTIVE DATE.

This section is effective the day following final enactment
and expires August 31, 2011.

Sec. 30. WORKFORCE SERVICES REPORT AND RECOMMENDATIONS.

By January 15, 2011, the governor's Workforce Development Council executive
committee shall submit a report to the senate and house of representatives committees
with jurisdiction over workforce development programs on the performance and outcomes
of the workforce centers, as required by Minnesota Statutes, section 116L.665, subdivision
4. This report must contain recommendations for an ongoing process to identify local gaps
in workforce services and ways to fill the gaps. The Department of Employment and
Economic Development and the workforce councils should be included in the process
for identifying service gaps. The governor's Workforce Development Council executive
committee must submit draft-guiding principles to the legislature for review and feedback
by August 12, 2010.

Sec. 31. DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT BLOCK GRANT REPORT.

The commissioner of employment and economic development shall study and
report to the chairs and ranking minority members of the house of representatives and
senate committees having jurisdiction over economic development and workforce issues
on the use of block grant funding to be administered by the Workforce Development
Division and the Business and Community Development Division. The report must
include recommendations for the use of block grant funding including goals, grant award
criteria, RFP procedures, priorities for target populations and the services to be provided,
and inclusion of all pass-through grants administered by the department including those
receiving direct state appropriations. The recommendations must contain specific
proposals on providing grant oversight, evaluation, and administration of allocated funds
in order to maximize services to target populations.

Sec. 32. STUDY OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND
GENERAL FUND REVENUE ACCOUNT.

(a) The Carlson School of Management at the University of Minnesota is requested
to study:

(1) the feasibility of dividing the state's general fund revenue account among
community financial institutions and transferring the state's major and minor accounts to
community financial institutions in order to ensure that state money benefits Minnesota
residents;

(2) the potential economic benefit and cost of transferring all major and minor
accounts to community financial institutions; and

(3) the potential economic benefit and cost to governmental entities as defined
by Minnesota Statutes, section 118A.01, subdivision 2, from an increase in their use of
community financial institutions as defined in clause (1).

(b) The results of the study must be reported to the legislature by December 1, 2010.

For purposes of this section, "community financial institution" means a federally
insured bank or credit union, chartered as a bank or credit union by the state of
Minnesota or the United States, that is headquartered in Minnesota and has no more than
$2,500,000,000 in assets.

Sec. 33. COMPARATIVE STUDY OF STATE REGULATION AFFECTING
SMALL BUSINESS START-UPS.

(a) $65,000 is appropriated for fiscal year 2011 from the general fund to the
Legislative Coordinating Commission to fund a comparative study of the effects of
state regulation on the cost and delay associated with starting a typical small business
in Minnesota, Iowa, North Dakota, South Dakota, and Wisconsin. The Legislative
Coordinating Commission must also apply for a grant to fund the study. This is a onetime
appropriation.

(b) The study, to be conducted by a higher education institution, must examine the
typical cost and delay required by state regulation in the five states to start a typical small
services business, small retail business, and small manufacturing business. Within each
of those three categories, the study must choose to study similar types of businesses and
follow the start-up process in the five states from beginning to end, including formation,
financing, licensing, permits, reporting requirements, employment laws, and state and
local taxes. The study must result in a written report submitted to the Legislative
Coordinating Commission no later than December 1, 2011.

(c) The Legislative Coordinating Commission shall request proposals and choose
the recipient of the grant from among higher education institutions that have a graduate
program in business, business administration, or a similar field. The Legislative
Coordinating Commission shall periodically monitor the recipient's progress on the study
and written report. The Legislative Coordinating Commission shall submit the written
report as a report to the legislature in compliance with Minnesota Statutes, sections 3.195
and 3.197.

(d) If the funds appropriated in this section are unexpended, the remaining balance
must be transferred to the Science and Technology Authority.

Sec. 34. APPROPRIATION.

(a) $107,000 is appropriated from the general fund in fiscal year 2011 to the
Minnesota Science and Technology Authority for the purposes of Minnesota Statutes,
chapter 116W.

(b) The general fund appropriation in Laws 2009, chapter 78, article 1, section 3,
subdivision 2, is reduced by $107,000 beginning in fiscal year 2011.

(c) Of the appropriation to the commissioner of employment and economic
development under section 115C.08, subdivision 4, paragraph (c), in fiscal year 2011 only,
$300,000 is for a grant to the Minneapolis Park and Recreation Board for cleanup of
contaminated soils related to construction of the East Phillips Cultural and Community
Center. This is a onetime appropriation and is available until expended.

Sec. 35. TRANSFER.

The commissioner of management and budget must transfer any remaining balance
of the appropriation made in Laws 2009, chapter 78, article 1, section 3, subdivision 2,
paragraph (g), to the Minnesota Science and Technology Authority.

Sec. 36. REPEALER.

Minnesota Statutes 2008, section 116J.657, is repealed.

ARTICLE 2

UNEMPLOYMENT INSURANCE

Section 1.

Minnesota Statutes 2009 Supplement, section 268.035, subdivision 19a,
is amended to read:


Subd. 19a.

Immediate family member.

"Immediate family member" means
the applicant's an individual's spouse, parent, stepparent, son or daughter, stepson or
stepdaughter, or grandson or granddaughter.

Sec. 2.

Minnesota Statutes 2008, section 268.035, subdivision 20, is amended to read:


Subd. 20.

Noncovered employment.

"Noncovered employment" means:

(1) employment for the United States government or an instrumentality thereof,
including military service;

(2) employment for a state, other than Minnesota, or a political subdivision or
instrumentality thereof;

(3) employment for a foreign government;

(4) employment for an instrumentality wholly owned by a foreign government,
if the employment is of a character similar to that performed in foreign countries by
employees of the United States government or an instrumentality thereof and the United
States Secretary of State has certified that the foreign government grants an equivalent
exemption to similar employment performed in the foreign country by employees of the
United States government and instrumentalities thereof;

(5) employment covered under United States Code, title 45, section 351, the
Railroad Unemployment Insurance Act;

(6) employment covered by a reciprocal arrangement between the commissioner and
another state or the federal government that provides that all employment performed by an
individual for an employer during the period covered by the reciprocal arrangement is
considered performed entirely within another state;

(7) employment for a church or convention or association of churches, or an
organization operated primarily for religious purposes that is operated, supervised,
controlled, or principally supported by a church or convention or association of churches
described in United States Code, title 26, section 501(c)(3) of the federal Internal Revenue
Code and exempt from income tax under section 501(a);

(8) employment of a duly ordained or licensed minister of a church in the exercise of
a ministry or by a member of a religious order in the exercise of duties required by the
order, for Minnesota or a political subdivision or an organization described in United
States Code, title 26, section 501(c)(3) of the federal Internal Revenue Code and exempt
from income tax under section 501(a);

(9) employment of an individual receiving rehabilitation of "sheltered" work in
a facility conducted for the purpose of carrying out a program of rehabilitation for
individuals whose earning capacity is impaired by age or physical or mental deficiency
or injury or a program providing "sheltered" work for individuals who because of an
impaired physical or mental capacity cannot be readily absorbed in the competitive labor
market. This clause applies only to services performed for Minnesota or a political
subdivision or an organization described in United States Code, title 26, section 501(c)(3)
of the federal Internal Revenue Code and exempt from income tax under section 501(a)
in a facility certified by the Rehabilitation Services Branch of the department or in a day
training or habilitation program licensed by the Department of Human Services;

(10) employment of an individual receiving work relief or work training as part of
an unemployment work relief or work training program assisted or financed in whole or
in part by any federal agency or an agency of a state or political subdivision thereof.
This clause applies only to employment for Minnesota or a political subdivision or an
organization described in United States Code, title 26, section 501(c)(3) of the federal
Internal Revenue Code and exempt from income tax under section 501(a). This clause does
not apply to programs that require unemployment benefit coverage for the participants;

(11) employment for Minnesota or a political subdivision as an elected official, a
member of a legislative body, or a member of the judiciary;

(12) employment as a member of the Minnesota National Guard or Air National
Guard;

(13) employment for Minnesota, a political subdivision, or instrumentality thereof,
as an employee serving only on a temporary basis in case of fire, flood, tornado, or
similar emergency;

(14) employment as an election official or election worker for Minnesota or a
political subdivision, but only if the compensation for that employment was less than
$1,000 in a calendar year;

(15) employment for Minnesota that is a major policy-making or advisory position
in the unclassified service, including those positions established under section 43A.08,
subdivision 1a
;

(16) employment for a political subdivision of Minnesota that is a nontenured major
policy making or advisory position;

(17) domestic employment in a private household, local college club, or local
chapter of a college fraternity or sorority performed for a person, only if the wages paid
in any calendar quarter in either the current or prior calendar year to all individuals in
domestic employment totaled less than $1,000.

"Domestic employment" includes all service in the operation and maintenance of a
private household, for a local college club, or local chapter of a college fraternity or
sorority as distinguished from service as an employee in the pursuit of an employer's
trade or business;

(18) employment of an individual by a son, daughter, or spouse, and employment of
a child under the age of 18 by the child's father or mother;

(19) employment for a personal care assistance provider agency by an immediate
family member of a recipient who provides the direct care to the recipient through the
personal care assistance program under section 256B.0659;

(20) employment of an inmate of a custodial or penal institution;

(20) (21) employment for a school, college, or university by a student who is
enrolled and is regularly attending classes at the school, college, or university;

(21) (22) employment of an individual who is enrolled as a student in a full-time
program at a nonprofit or public educational institution that maintains a regular faculty
and curriculum and has a regularly organized body of students in attendance at the place
where its educational activities are carried on, taken for credit at the institution, that
combines academic instruction with work experience, if the employment is an integral
part of the program, and the institution has so certified to the employer, except that this
clause does not apply to employment in a program established for or on behalf of an
employer or group of employers;

(22) (23) employment of university, college, or professional school students in an
internship or other training program with the city of St. Paul or the city of Minneapolis
under Laws 1990, chapter 570, article 6, section 3;

(23) (24) employment for a hospital by a patient of the hospital. "Hospital" means
an institution that has been licensed by the Department of Health as a hospital;

(24) (25) employment as a student nurse for a hospital or a nurses' training school by
an individual who is enrolled and is regularly attending classes in an accredited nurses'
training school;

(25) (26) employment as an intern for a hospital by an individual who has completed
a four-year course in an accredited medical school;

(26) (27) employment as an insurance salesperson, by other than a corporate
officer, if all the wages from the employment is solely by way of commission. The word
"insurance" includes an annuity and an optional annuity;

(27) (28) employment as an officer of a township mutual insurance company or
farmer's mutual insurance company operating under chapter 67A;

(28) (29) employment of a corporate officer, if the officer owns 25 percent or more
of the employer corporation, and employment of a member of a limited liability company,
if the member owns 25 percent or more of the employer limited liability company;

(29) (30) employment as a real estate salesperson, by other than a corporate officer,
if all the wages from the employment is solely by way of commission;

(30) (31) employment as a direct seller as defined in United States Code, title 26,
section 3508;

(31) (32) employment of an individual under the age of 18 in the delivery or
distribution of newspapers or shopping news, not including delivery or distribution to any
point for subsequent delivery or distribution;

(32) (33) casual employment performed for an individual, other than domestic
employment under clause (17), that does not promote or advance that employer's trade or
business;

(33) (34) employment in "agricultural employment" unless considered "covered
agricultural employment" under subdivision 11; or

(34) (35) if employment during one-half or more of any pay period was covered
employment, all the employment for the pay period is considered covered employment;
but if during more than one-half of any pay period the employment was noncovered
employment, then all of the employment for the pay period is considered noncovered
employment. "Pay period" means a period of not more than a calendar month for which a
payment or compensation is ordinarily made to the employee by the employer.

Sec. 3.

Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
to read:


Subd. 21d.

Staffing service.

A "staffing service" is an employer whose business
involves employing individuals directly for the purpose of furnishing temporary
assignment workers to clients of the staffing service.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 268.035, subdivision 23a,
is amended to read:


Subd. 23a.

Suitable employment.

(a) Suitable employment means employment in
the applicant's labor market area that is reasonably related to the applicant's qualifications.
In determining whether any employment is suitable for an applicant, the degree of risk
involved to the health and safety, physical fitness, prior training, experience, length
of unemployment, prospects for securing employment in the applicant's customary
occupation, and the distance of the employment from the applicant's residence is
considered.

(b) In determining what is suitable employment, primary consideration is given to the
temporary or permanent nature of the applicant's separation from employment and whether
the applicant has favorable prospects of finding employment in the applicant's usual or
customary occupation at the applicant's past wage level within a reasonable period of time.

If prospects are unfavorable, employment at lower skill or wage levels is suitable
if the applicant is reasonably suited for the employment considering the applicant's
education, training, work experience, and current physical and mental ability.

The total compensation must be considered, including the wage rate, hours of
employment, method of payment, overtime practices, bonuses, incentive payments, and
fringe benefits.

(c) When potential employment is at a rate of pay lower than the applicant's former
rate, consideration must be given to the length of the applicant's unemployment and the
proportion of difference in the rates. Employment that may not be suitable because of
lower wages during the early weeks of the applicant's unemployment may become suitable
as the duration of unemployment lengthens.

(d) For an applicant seasonally unemployed, suitable employment includes
temporary work in a lower skilled occupation that pays average gross weekly wages equal
to or more than 150 percent of the applicant's weekly unemployment benefit amount.

(e) If a majority of the applicant's weeks of employment in the base period includes
part-time employment, part-time employment in a position with comparable skills and
comparable hours that pays comparable wages is considered suitable employment.

Full-time employment is not considered suitable employment for an applicant if a
majority of the applicant's weeks of employment in the base period includes part-time
employment.

(f) To determine suitability of employment in terms of shifts, the arrangement of
hours in addition to the total number of hours is to be considered. Employment on a
second, third, rotating, or split shift is suitable employment if it is customary in the
occupation in the labor market area.

(g) Employment is not considered suitable if:

(1) the position offered is vacant because of a labor dispute;

(2) the wages, hours, or other conditions of employment are substantially less
favorable than those prevailing for similar employment in the labor market area; or

(3) as a condition of becoming employed, the applicant would be required to join a
company union or to resign from or refrain from joining any bona fide labor organization;
or

(4) the employment is with a staffing service and less than 45 percent of the
applicant's wage credits are from a job assignment with the client of a staffing service
.

(h) A job assignment with a staffing service is considered suitable only if 45
percent or more of the applicant's wage credits are from job assignments with clients of
a staffing service and the job assignment meets the definition of suitable employment
under paragraph (a).

Sec. 5.

Minnesota Statutes 2008, section 268.046, subdivision 1, is amended to read:


Subdivision 1.

Tax accounts assigned.

(a) Any person that contracts with a
taxpaying employer to have that person obtain the taxpaying employer's workforce and
provide workers to the taxpaying employer for a fee is, as of the effective date of the
contract, assigned for the duration of the contract the taxpaying employer's account under
section 268.045. That tax account must be maintained by the person separate and distinct
from every other tax account held by the person and identified in a manner prescribed by
the commissioner. The tax account is, for the duration of the contract, considered that
person's account for all purposes of this chapter. The workers obtained from the taxpaying
employer and any other workers provided by that person to the taxpaying employer,
including officers of the taxpaying employer as defined in section 268.035, subdivision 20,
clause (28), whose wages paid by the person are considered paid in covered employment
under section 268.035, subdivision 24, for the duration of the contract between the
taxpaying employer and the person,
must, under section 268.044, be reported on the wage
detail report under that tax account, and that person must pay any taxes due at the tax rate
computed for that account under section 268.051, subdivision 2.

(b) Any workers of the taxpaying employer who are not covered by the contract
under paragraph (a) must be reported by the taxpaying employer as a separate unit on the
wage detail report under the tax account assigned under paragraph (a). Taxes and any
other amounts due on the wages reported by the taxpaying employer under this paragraph
may be paid directly by the taxpaying employer.

(c) If the taxpaying employer that contracts with a person under paragraph (a) does
not have a tax account at the time of the execution of the contract, an account must be
registered for the taxpaying employer under section 268.042 and the new employer tax
rate under section 268.051, subdivision 5, must be assigned. The tax account is then
assigned to the person as provided for in paragraph (a).

(d) A person that contracts with a taxpaying employer under paragraph (a)
must, within 30 calendar days of the execution or termination of a contract, notify the
commissioner by electronic transmission, in a format prescribed by the commissioner,
of that execution or termination. The taxpaying employer's name, the account number
assigned, and any other information required by the commissioner must be provided
by that person.

(e) Any contract subject to paragraph (a) must specifically inform the taxpaying
employer of the assignment of the tax account under this section and the taxpaying
employer's obligation under paragraph (b). If there is a termination of the contract, the tax
account is, as of the date of termination, immediately assigned to the taxpaying employer.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Minnesota Statutes 2008, section 268.051, subdivision 2, is amended to read:


Subd. 2.

Computation of tax rates; additional assessments.

(a) For each calendar
year the commissioner shall must compute the tax rate of each taxpaying employer that
qualifies for an experience rating by adding the base tax rate to the employer's experience
rating along with assigning any appropriate additional assessment under paragraph (d) (c).

(b) The base tax rate for the calendar year and any additional assessments under this
subdivision are determined based upon the amount in the trust fund on March 31 of the
prior year as a percentage of total wages paid in covered employment. The base tax rate is:

(1) one-tenth of one percent if the trust fund is equal to or more than 0.75 percent;

(2) two-tenths of one percent if the trust fund is less than 0.75 percent but equal to or
more than 0.65 percent;

(3) three-tenths of one percent if the trust fund is less than 0.65 percent but equal
to or more than 0.55 percent; or

(4) four-tenths of one percent if the trust fund is less than 0.55 percent, but has a
positive balance; or

(5) five-tenths of one percent if the trust fund has a negative balance and is
borrowing from the federal unemployment trust fund in order to pay unemployment
benefits as provided for under section 268.194, subdivision 6
.

(c) There is a "falling trust fund adjustment" to the base tax rate for the calendar year
if the amount in the trust fund on March 31 of the prior year is less than 0.75 percent of
total wages paid in covered employment and:

(1) the amount in the trust fund on March 31 of the prior year is ten percent or more
below the amount in the trust fund on March 31 of the year before that; or

(2) the amount in the trust fund on March 31 of the prior year is greater than the
amount in the trust fund on June 30 of that same year.

If a "falling trust fund adjustment" is applicable, then the base tax rate is one-tenth of one
percent greater than otherwise provided for under paragraph (b).

(d) In addition to the base tax rate, there is an additional assessment for the calendar
year on the quarterly unemployment taxes due from every taxpaying employer if the
amount in the trust fund on March 31 of the prior year is less than 0.55 percent of total
wages paid in covered employment. The assessment is as follows:

(1) a five percent assessment if the trust fund is less than 0.55 percent but equal to or
more than 0.45 percent;

(2) a ten percent assessment if the trust fund is less than 0.45 percent but equal
to or more than 0.35 percent; or

(3) a 14 percent assessment if the trust fund is less than 0.35 percent.

(e) (d) For the purposes of this subdivision, the trust fund does not include any
money borrowed from the federal unemployment trust fund provided for in section
268.194, subdivision 6.

(f) (e) For the purposes of this subdivision, total wages paid in covered employment
are those wages paid to all employees in covered employment during the calendar year
before the March 31 date used in paragraph (b).

(g) (f) The base tax rate and any additional assessments are assessed on all taxpaying
employers to cover a portion of the costs to the trust fund for unemployment benefits paid
that do not affect any single employer's future experience rating because:

(1) the employer's experience rating is limited by the maximum under subdivision 3,
paragraph (b);

(2) the employer has ceased doing business; or

(3) the unemployment benefits paid have been determined not to be used in
computing the employer's experience rating under section 268.047, subdivision 2 or 3.

Sec. 7.

Minnesota Statutes 2008, section 268.051, subdivision 5, is amended to read:


Subd. 5.

Tax rate for new employers.

(a) Each new taxpaying employer that does
not qualify for an experience rating under subdivision 3, except new employers in a high
experience rating industry, must be assigned, for a calendar year, a tax rate the higher of
(1) one percent, or (2) the tax rate computed, to the nearest one-hundredth 1/100 of a
percent, by dividing the total amount of unemployment benefits paid all applicants during
the 48 calendar months ending on June 30 of the prior calendar year by the total taxable
wages of all taxpaying employers during the same period, plus the applicable base tax rate
and any additional assessments under subdivision 2, paragraph (d).

(b) Each new taxpaying employer in a high experience rating industry that does not
qualify for an experience rating under subdivision 3, must be assigned, for a calendar
year, a tax rate the higher of 8.00 percent, (1) that assigned under paragraph (a), or (2)
the tax rate, computed to the nearest 1/100 of a percent, by dividing the total amount
of unemployment benefits paid to all applicants from high experience rating industry
employers during the 48 calendar months ending on June 30 of the prior calendar year by
the total taxable wages of all high experience rating industry employers during the same
period, to a maximum provided for under subdivision 3, paragraph (b),
plus the applicable
base tax rate and any additional assessments under subdivision 2, paragraph (d).

(c) An employer is considered to be in a high experience rating industry if:

(1) the employer is engaged in residential, commercial, or industrial construction,
including general contractors;

(2) the employer is engaged in sand, gravel, or limestone mining;

(3) the employer is engaged in the manufacturing of concrete, concrete products,
or asphalt; or

(4) the employer is engaged in road building, repair, or resurfacing, including bridge
and tunnels and residential and commercial driveways and parking lots.

(c) (d) The commissioner shall must send to the new employer, by mail or electronic
transmission, notice of the tax rate assigned. An employer may appeal the assignment of a
tax rate in accordance with the procedures in subdivision 6, paragraph (c).

Sec. 8.

Minnesota Statutes 2008, section 268.051, subdivision 7, is amended to read:


Subd. 7.

Tax rate buydown.

(a) Any taxpaying employer that has been assigned
a tax rate based upon an experience rating, and has no amounts past due under this
chapter, may, upon the payment of an amount equivalent to any portion or all of the
unemployment benefits used in computing the experience rating plus a surcharge of 25
percent, obtain a cancellation of unemployment benefits used equal to the payment made,
less the surcharge. The payment is applied to the most recent unemployment benefits paid
that are used in computing the experience rating.
Upon the payment, the commissioner
shall must compute a new experience rating for the employer, and compute a new tax rate.

(b) Payments for a tax rate buydown may be made only by electronic payment
and must be received within 120 calendar days from the beginning of the calendar year
for which the tax rate is effective.

(c) For calendar years 2011, 2012, and 2013, the surcharge of 25 percent provided
for in paragraph (a) does not apply.

Sec. 9.

Minnesota Statutes 2009 Supplement, section 268.052, subdivision 2, is
amended to read:


Subd. 2.

Election by state or political subdivision to be taxpaying employer.

(a)
The state or political subdivision may elect to be a taxpaying employer for any calendar
year
if a notice of election is filed within 30 calendar days following January 1 of that
calendar year
. The election is effective at the beginning of the next calendar quarter. Upon
election, the state or political subdivision must be assigned the new employer tax rate
under section 268.051, subdivision 5, for the calendar year of the election and unless or
until it qualifies for an experience rating under section 268.051, subdivision 3.

(b) An election is for a minimum period of two 24 calendar years months following
the effective date of the election and continue unless a notice terminating the election
is filed not later than 30 calendar days before the beginning of the calendar year. The
termination is effective at the beginning of the next calendar year quarter.

(c) (b) The method of payments to the trust fund under subdivisions 3 and 4 applies
to all taxes paid by or due from the state or political subdivision that elects to be taxpaying
employers under this subdivision.

(d) (c) A notice of election or a notice terminating election must be filed by
electronic transmission in a format prescribed by the commissioner.

EFFECTIVE DATE.

This section is effective November 30, 2010.

Sec. 10.

Minnesota Statutes 2009 Supplement, section 268.053, subdivision 1, is
amended to read:


Subdivision 1.

Election.

(a) Any nonprofit organization that has employees in
covered employment must pay taxes on a quarterly basis in accordance with section
268.051 unless it elects to make reimbursements to the trust fund the amount of
unemployment benefits charged to its reimbursable account under section 268.047.

The organization may elect to make reimbursements for a period of not less than two
24
calendar years months beginning with the date that the organization was determined to
be an employer with covered employment by filing a notice of election not later than 30
calendar days after the date of the determination.

(b) Any nonprofit organization that makes an election will continue to be liable for
reimbursements until it files a notice terminating its election not later than 30 calendar
days
before the beginning of the calendar year quarter the termination is to be effective.

(c) A nonprofit organization that has been making reimbursements that files a notice
of termination of election must be assigned the new employer tax rate under section
268.051, subdivision 5, for the calendar year of the termination of election and unless or
until it qualifies for an experience rating under section 268.051, subdivision 3.

(d) (c) Any nonprofit organization that has been paying taxes may elect to make
reimbursements by filing no less than 30 calendar days before January 1 of any calendar
year
a notice of election. The election is effective at the beginning of the next calendar
quarter.
The election is not terminable by the organization for that and the next 24
calendar year months.

(e) (d) The commissioner may for good cause extend the period that a notice of
election, or a notice of termination, must be filed and may permit an election to be
retroactive.

(f) (e) A notice of election or notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.

EFFECTIVE DATE.

This section is effective November 30, 2010.

Sec. 11.

Minnesota Statutes 2008, section 268.07, as amended by Laws 2009, chapter
15, sections 5 and 6, and chapter 78, article 3, section 6, and article 4, sections 19 to
21, is amended to read:


268.07 BENEFIT ACCOUNT.

Subdivision 1.

Application for unemployment benefits; determination of benefit
account.

(a) An application for unemployment benefits may be filed in person, by mail,
or by electronic transmission as the commissioner may require. The applicant must be
unemployed at the time the application is filed and must provide all requested information
in the manner required. If the applicant is not unemployed at the time of the application
or fails to provide all requested information, the communication is not considered an
application for unemployment benefits.

(b) The commissioner must examine each application for unemployment benefits to
determine the base period and the benefit year, and based upon all the covered employment
in the base period the commissioner shall must determine the weekly unemployment
benefit amount available, if any, and the maximum amount of unemployment benefits
available, if any. The determination, which is a document separate and distinct from a
document titled a determination of eligibility or determination of ineligibility issued under
section 268.101, must be titled determination of benefit account. A determination of
benefit account must be sent to the applicant and all base period employers, by mail or
electronic transmission.

(c) If a base period employer did not provide wage detail information for the
applicant as required under section 268.044, or provided erroneous information, or wage
detail is not yet due and the applicant is using an alternate base period under section
268.035, subdivision 4, paragraph (d), the commissioner may accept an applicant
certification of wage credits, based upon the applicant's records, and issue a determination
of benefit account.

(d) An employer must provide wage detail information on an applicant within five
calendar days of request by the commissioner, in a manner and format requested, when:

(1) the applicant is using an alternate base period under section 268.035, subdivision
4, paragraph (d); and

(2) wage detail under section 268.044 is not yet required to have been filed by
the employer.

(e) The commissioner may, at any time within 24 months from the establishment of
a benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
was were incorrect for any reason. An amended determination of benefit account must
be promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This subdivision does not apply to documents titled determinations of
eligibility or determinations of ineligibility issued under section 268.101.

(f) If an amended determination of benefit account reduces the weekly
unemployment benefit amount or maximum amount of unemployment benefits available,
any unemployment benefits that have been paid greater than the applicant was entitled
is considered an overpayment of unemployment benefits. A determination or amended
determination issued under this section that results in an overpayment of unemployment
benefits must set out the amount of the overpayment and the requirement under section
268.18, subdivision 1, that the overpaid unemployment benefits must be repaid.

Subd. 2.

Benefit account requirements and weekly unemployment benefit
amount and maximum amount of unemployment benefits
.

(a) Unless paragraph (b)
applies,
to establish a benefit account:

(1) using the primary base period under section 268.035, subdivision 4, paragraph
(a), an applicant must have:

(1) (i) wage credits in the high quarter of $1,000 or more; and

(2) (ii) wage credits, in other than the high quarter, of $250 or more.

To establish a benefit account ; or

(2) using the secondary base period under section 268.035, subdivision 4, paragraph
(b), an applicant must have wage credits in the high quarter of $1,000 or more.

(b) To establish a new benefit account within 52 calendar weeks following the
expiration of the benefit year on a prior benefit account, an applicant must meet the
requirements of paragraph (a) and must have performed services in covered employment
in a calendar quarter that started after the effective date of the prior benefit account. The
wage credits for those services must be at least eight times the weekly benefit amount on
the prior benefit account. One of the reasons for this paragraph is to prevent an applicant
from establishing a second benefit account as a result of one loss of employment.

Subd. 2a.

Weekly unemployment benefit amount and maximum amount of
unemployment benefits available.

(b) (a) If an applicant has established a benefit
account under subdivision 2, the weekly unemployment benefit amount available during
the applicant's benefit year is the higher of:

(1) 50 percent of the applicant's average weekly wage during the base period, to a
maximum of 66-2/3 percent of the state's average weekly wage; or

(2) 50 percent of the applicant's average weekly wage during the high quarter, to a
maximum of 43 percent of the state's average weekly wage.

The applicant's average weekly wage under clause (1) is computed by dividing
the total wage credits by 52. The applicant's average weekly wage under clause (2) is
computed by dividing the high quarter wage credits by 13.

(c) (b) The state's maximum weekly benefit amount, computed in accordance with
section 268.035, subdivision 23, applies to a benefit account established effective on or
after the last Sunday in October. Once established, an applicant's weekly unemployment
benefit amount is not affected by the last Sunday in October change in the state's maximum
weekly unemployment benefit amount.

(d) (c) The maximum amount of unemployment benefits available on any benefit
account is the lower of:

(1) 33-1/3 percent of the applicant's total wage credits; or

(2) 26 times the applicant's weekly unemployment benefit amount.

Subd. 3.

Second benefit account requirements.

To establish a second benefit
account following the expiration of a benefit year on a prior benefit account, an applicant
must meet the requirements of subdivision 2 and must have performed services in covered
employment after the effective date of the prior benefit account. The wages paid for those
services must be at least eight times the weekly unemployment benefit amount of the prior
benefit account. Part of the reason for this subdivision is to prevent an applicant from
establishing more than one benefit account as a result of one loss of employment.

Subd. 3a.

Right of appeal.

(a) A determination or amended determination of benefit
account is final unless an applicant or base period employer within 20 calendar days
after the sending of the determination or amended determination files an appeal. Every
determination or amended determination of benefit account must contain a prominent
statement indicating in clear language the consequences of not appealing. Proceedings on
the appeal are conducted in accordance with section 268.105.

(b) Any applicant or base period employer may appeal from a determination or
amended determination of benefit account on the issue of whether services performed
constitute employment and , whether the employment is considered covered employment,
and whether money paid constitutes wages
. Proceedings on the appeal are conducted in
accordance with section 268.105.

Subd. 3b.

Limitations on applications and benefit accounts.

(a) An application for
unemployment benefits is effective the Sunday of the calendar week that the application
was filed. An application for unemployment benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the applicant requests
the backdating at the time the application is filed. An application may be backdated only if
the applicant had no employment during the period of the backdating. If an individual
attempted to file an application for unemployment benefits, but was prevented from filing
an application by the department, the application is effective the Sunday of the calendar
week the individual first attempted to file an application.

(b) A benefit account established under subdivision 2 is effective the date the
application for unemployment benefits was effective.

(c) A benefit account, once established, may later be withdrawn only if:

(1) the applicant has not been paid any unemployment benefits on that benefit
account; and

(2) a new application for unemployment benefits is filed and a new benefit account is
established at the time of the withdrawal.

A determination or amended determination of eligibility or ineligibility issued under
section 268.101, that was sent before the withdrawal of the benefit account, remains in
effect and is not voided by the withdrawal of the benefit account. A determination of
ineligibility requiring subsequent earnings to satisfy the period of ineligibility under
section 268.095, subdivision 10, applies to the weekly unemployment benefit amount on
the new benefit account.

(d) An application for unemployment benefits is not allowed before the Sunday
following the expiration of the benefit year on a prior benefit account. Except as allowed
under paragraph (c), an applicant may establish only one benefit account each 52 calendar
weeks.

EFFECTIVE DATE.

This section is effective for benefit accounts filed effective on
or after the first Sunday following final enactment.

Sec. 12.

Minnesota Statutes 2009 Supplement, section 268.085, subdivision 1, is
amended to read:


Subdivision 1.

Eligibility conditions.

An applicant may be eligible to receive
unemployment benefits for any week if:

(1) the applicant has filed a continued request for unemployment benefits for that
week under section 268.0865;

(2) the week for which unemployment benefits are requested is in the applicant's
benefit year;

(3) the applicant was unemployed as defined in section 268.035, subdivision 26;

(4) the applicant was available for suitable employment as defined in subdivision
15. The applicant's weekly unemployment benefit amount is reduced one-fifth for each
day the applicant is unavailable for suitable employment. This clause does not apply to
an applicant who is in reemployment assistance training, or each day the applicant is on
jury duty or serving as an election judge;

(5) the applicant was actively seeking suitable employment as defined in subdivision
16. This clause does not apply to an applicant who is in reemployment assistance training
or who was on jury duty throughout the week;

(6) the applicant has served a nonpayable waiting period of one week that the
applicant is otherwise entitled to some amount of unemployment benefits. This clause
does not apply if the applicant would have been entitled to federal disaster unemployment
assistance because of a disaster in Minnesota, but for the applicant's establishment of a
benefit account under section 268.07; and

(7) the applicant has been participating in reemployment assistance services, such
as job search and resume writing classes, if the applicant has been determined in need
of reemployment assistance services by the commissioner, unless the applicant has good
cause for failing to participate.

Sec. 13.

Minnesota Statutes 2008, section 268.085, subdivision 9, is amended to read:


Subd. 9.

Business owners.

(a) Wage credits from an employer may not be used
for unemployment benefit purposes by any applicant who:

(1) individually, jointly, or in combination with the applicant's spouse, parent, or
child owns or controls directly or indirectly 25 percent or more interest in the employer; or

(2) is the spouse, parent, or minor child of any individual who owns or controls
directly or indirectly 25 percent or more interest in the employer.

This subdivision is effective when the applicant has been paid five times the
applicant's weekly unemployment benefit amount in the current benefit year. This
subdivision does not apply if the applicant had wages paid in covered employment of
$7,500 or more from the employer covered by this subdivision in each of the 16 calendar
quarters prior to the effective date of the benefit account and all taxes due on those wages
have been paid
.

(b) An officer of a taxpaying employer referred to in section 268.046, subdivision 1,
is subject to the limitations of this subdivision.

Sec. 14.

Minnesota Statutes 2008, section 268.085, subdivision 16, is amended to read:


Subd. 16.

Actively seeking suitable employment defined.

(a) "Actively seeking
suitable employment" means those reasonable, diligent efforts an individual in similar
circumstances would make if genuinely interested in obtaining suitable employment under
the existing conditions in the labor market area. Limiting the search to positions that are
not available or are above the applicant's training, experience, and qualifications is not
"actively seeking suitable employment."

(b) To be considered "actively seeking suitable employment" an applicant must,
when reasonable, contact those employers from whom the applicant was laid off because
of lack of work and request suitable employment.

(c) If reasonable prospects of suitable employment in the applicant's usual or
customary occupation do not exist, the applicant must actively seek other suitable
employment to be considered "actively seeking suitable employment." This applies to an
applicant who is seasonally unemployed.

(d) Actively seeking a suitable job assignment or other employment with a staffing
service is considered actively seeking suitable employment.

(e) An applicant who is seeking employment only through a union is considered
actively seeking suitable employment if the applicant is in an occupation where hiring
in that locality is done through the union. If the applicant is a union member who is
restricted to obtaining employment among signatory contractors in the construction
industry, seeking employment only with those signatory contractors is considered actively
seeking employment. The applicant must be a union member in good standing, registered
with the union for employment, and in compliance with other union rules to be considered
"actively seeking suitable employment."

Sec. 15.

Minnesota Statutes 2009 Supplement, section 268.095, subdivision 2, is
amended to read:


Subd. 2.

Quit defined.

(a) A quit from employment occurs when the decision to end
the employment was, at the time the employment ended, the employee's.

(b) An employee who has been notified that the employee will be discharged in the
future, who chooses to end the employment while employment in any capacity is still
available, is considered to have quit the employment.

(c) An employee who seeks to withdraw a previously submitted notice of quitting is
considered to have quit the employment if the employer does not agree that the notice
may be withdrawn.

(d) An applicant who, within five calendar days after completion of a suitable
temporary job assignment from a staffing service employer, (1) fails without good cause to
affirmatively request an additional suitable job assignment, (2) refuses without good cause
an additional suitable job assignment offered, or (3) accepts employment with the client
of the staffing service, is considered to have quit employment with the staffing service.
Accepting employment with the client of the staffing service meets the requirements of the
exception to ineligibility under subdivision 1, clause (2).

This paragraph applies only if, at the time of beginning of employment with the
staffing service employer, the applicant signed and was provided a copy of a separate
document written in clear and concise language that informed the applicant of this
paragraph and that unemployment benefits may be affected.

For purposes of this paragraph, "good cause" is a reason that is significant and
would compel an average, reasonable worker, who would otherwise want an additional
temporary suitable job assignment with the staffing service employer, (1) to fail to contact
the staffing service employer, or (2) to refuse an offered assignment.

For purposes of this paragraph, a "staffing service employer" is an employer whose
business involves employing individuals directly for the purpose of furnishing temporary
job assignment workers to clients of the staffing service.

Sec. 16.

Minnesota Statutes 2008, section 268.095, subdivision 5, is amended to read:


Subd. 5.

Discharge defined.

(a) A discharge from employment occurs when any
words or actions by an employer would lead a reasonable employee to believe that the
employer will no longer allow the employee to work for the employer in any capacity. A
layoff because of lack of work is considered a discharge. A suspension from employment
without pay of more than 30 calendar days is considered a discharge.

(b) An employee who gives notice of intention to quit the employment and is not
allowed by the employer to work the entire notice period is considered discharged from
the employment as of the date the employer will no longer allow the employee to work. If
the discharge occurs within 30 calendar days before the intended date of quitting, then,
as of the intended date of quitting, the separation from employment is considered a quit
from employment subject to subdivision 1.

(c) The end of a job assignment with the client of a staffing service is considered a
discharge from employment with the staffing service unless section 268.095, subdivision
2, paragraph (d), applies.

Sec. 17.

Minnesota Statutes 2009 Supplement, section 268.095, subdivision 6, is
amended to read:


Subd. 6.

Employment misconduct defined.

(a) Employment misconduct means
any intentional, negligent, or indifferent conduct, on the job or off the job that displays
clearly:

(1) a serious violation of the standards of behavior the employer has the right to
reasonably expect of the employee; or

(2) a substantial lack of concern for the employment.

(b) Regardless of paragraph (a), the following is not employment misconduct:

(1) conduct that was a consequence of the applicant's mental illness or impairment;

(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;

(3) simple unsatisfactory conduct;

(4) conduct an average reasonable employee would have engaged in under the
circumstances;

(5) poor performance because of conduct that was a consequence of the applicant's
inability or incapacity;

(6) good faith errors in judgment if judgment was required;

(7) absence because of illness or injury of the applicant, with proper notice to the
employer;

(8) absence, with proper notice to the employer, in order to provide necessary care
because of the illness, injury, or disability of an immediate family member of the applicant;

(9) conduct that was a direct result consequence of the applicant's chemical
dependency, unless the applicant was previously diagnosed chemically dependent or had
treatment for chemical dependency, and since that diagnosis or treatment has failed to
make consistent efforts to control the chemical dependency; or

(10) conduct that was a result consequence of the applicant, or an immediate family
member of the applicant, being a victim of domestic abuse as defined under section
518B.01. Domestic abuse must be shown as provided for in subdivision 1, clause (9).

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
169A.31, or 169A.50 to 169A.53 that interferes with or adversely affects the employment
is employment misconduct.

(d) If the conduct for which the applicant was discharged involved only a single
incident, that is an important fact that must be considered in deciding whether the conduct
rises to the level of employment misconduct under paragraph (a).

(e) The definition of employment misconduct provided by this subdivision is
exclusive and no other definition applies.

EFFECTIVE DATE.

This section is effective for determinations under section
268.101, subdivision 2, and appeal decisions under section 268.105, subdivision 1, issued
on and after the Sunday following final enactment.

Sec. 18.

Minnesota Statutes 2008, section 268.101, is amended by adding a subdivision
to read:


Subd. 2a.

Telephone number.

Every determination issued under subdivision 2
must include a prominently displayed telephone number that an applicant or involved
employer can call to speak with an unemployment insurance specialist and obtain further
explanation about the determination and have any questions answered. The specialist
must, when appropriate, issue an amended determination as provided for in subdivision 4.
The listed telephone number must be unique to a specialized call group trained to handle
calls involving determinations.

EFFECTIVE DATE.

This section is effective October 3, 2010, and expires
September 30, 2012.

Sec. 19.

Minnesota Statutes 2009 Supplement, section 268.105, subdivision 1, is
amended to read:


Subdivision 1.

Evidentiary hearing by unemployment law judge.

(a) Upon
a timely appeal having been filed, the department must send, by mail or electronic
transmission, a notice of appeal to all involved parties that an appeal has been filed, and
that a de novo due process evidentiary hearing will be scheduled. The notice must set out
the parties' rights and responsibilities regarding the hearing. The notice must explain that
the facts will be determined by the unemployment law judge based upon a preponderance
of the evidence. The notice must explain in clear and simple language the meaning of the
term "preponderance of the evidence." The department must set a time and place for a
de novo due process evidentiary hearing and send notice to any involved applicant and
any involved employer, by mail or electronic transmission, not less than ten calendar
days before the date of the hearing.

(b) The evidentiary hearing is conducted by an unemployment law judge as an
evidence gathering inquiry. At the beginning of the hearing the unemployment law judge
must fully explain how the hearing will be conducted, that the applicant has the right to
request that the hearing be rescheduled so that documents or witnesses can be subpoenaed,
that the facts will be determined based on a preponderance of the evidence, and, in
clear and simple language, the meaning of the term "preponderance of the evidence."
The unemployment law judge must ensure that all relevant facts are clearly and fully
developed. The department may adopt rules on evidentiary hearings. The rules need
not conform to common law or statutory rules of evidence and other technical rules of
procedure. The department has discretion regarding the method by which the evidentiary
hearing is conducted. A report of any employee of the department, except a determination,
made in the regular course of the employee's duties, is competent evidence of the facts
contained in it. An affidavit or written statement based on personal knowledge and signed
under penalty of perjury is competent evidence of the facts contained in it; however, the
veracity of statements contained within the document or the credibility of the witness
making the statement may be disputed with other documents or testimony and production
of such documents or testimony may be compelled by subpoena.

(c) After the conclusion of the hearing, upon the evidence obtained, the
unemployment law judge must make findings of fact and decision and send those, by mail
or electronic transmission, to all involved parties. When the credibility of an involved
party or witness testifying in an evidentiary hearing has a significant effect on the outcome
of a decision, the unemployment law judge must set out the reason for crediting or
discrediting that testimony. The unemployment law judge's decision is final unless a
request for reconsideration is filed under subdivision 2.

(d) Regardless of paragraph (c), if the appealing party fails to participate in the
evidentiary hearing, the unemployment law judge has the discretion to dismiss the appeal
by summary order. By failing to participate, the appealing party is considered to have
failed to exhaust available administrative remedies unless the appealing party files a
request for reconsideration under subdivision 2 and establishes good cause for failing to
participate in the evidentiary hearing under subdivision 2, paragraph (d). Submission
of a written statement does not constitute participation. The applicant must participate
personally and appearance solely by a representative does not constitute participation.

(e) Only employees of the department who are attorneys licensed to practice law
in Minnesota may serve as the chief unemployment law judge, senior unemployment
law judges who are supervisors, or unemployment law judges. The commissioner
must designate a chief unemployment law judge. The chief unemployment law judge
may transfer to another unemployment law judge any proceedings pending before an
unemployment law judge.

(f) A full-time unemployment law judge must be paid a salary within a range directly
tied to the salary set under section 15A.083, subdivision 7, for a workers' compensation
judge. The salary paid within that range to any single unemployment law judge is based
on experience and performance.

Sec. 20.

Minnesota Statutes 2009 Supplement, section 268.136, subdivision 1, is
amended to read:


Subdivision 1.

Shared work agreement requirements.

(a) An employer may
submit a proposed shared work plan for an employee group to the commissioner for
approval in a manner and format set by the commissioner. The proposed agreement
must include:

(1) a certified statement that the normal weekly hours of work of all of the proposed
participating employees were full time but are now reduced, or will be reduced, with a
corresponding reduction in pay, in order to prevent layoffs;

(2) the name and Social Security number of each participating employee;

(3) a certified statement of when each participating employee was first hired by the
employer, which must be at least one year before the proposed agreement is submitted;

(4) the hours of work each participating employee will work each week for the
duration of the agreement, which must be at least 20 hours and no more than 32 hours
per week, except that the agreement may provide for a uniform vacation shutdown of up
to two weeks;

(5) the proposed duration of the agreement, which must be at least two months and
not more than one year, although an agreement may be extended for up to an additional
year upon approval of the commissioner;

(6) a starting date beginning on a Sunday at least 15 calendar days after the date
the proposed agreement is submitted; and

(7) a signature of an owner or officer of the employer who is listed as an owner or
officer on the employer's account under section 268.045.

(b) An agreement may not be approved for an employer that:

(1) has any unemployment tax or reimbursements, including any interest, fees,
or penalties, due but unpaid; or

(2) has the maximum experience rating provided for under section 268.051,
subdivision 3; or

(3) is in a high-experience rating industry as defined in section 268.051, subdivision
5
.

Sec. 21.

Minnesota Statutes 2008, section 268.184, subdivision 1, is amended to read:


Subdivision 1.

Administrative penalties.

(a) The commissioner shall penalize
an employer if that employer or any employee, officer, or agent of that employer, is
in collusion with any applicant for the purpose of assisting the applicant to receive
unemployment benefits fraudulently. The penalty is $500 or the amount of unemployment
benefits determined to be overpaid, whichever is greater.

(b) The commissioner shall penalize an employer if that employer or any employee,
officer, or agent of that employer (1) made a false statement or representation knowing
it to be false, (2) made a false statement or representation without a good faith belief as
to correctness of the statement or representation, or (3) knowingly failed to disclose a
material fact; , or (4) made an offer of employment to an applicant when, in fact, the
employer had no employment available,
but only if the employer's action:

(i) was taken to prevent or reduce the payment of unemployment benefits to any
applicant;

(ii) was taken to reduce or avoid any payment required from an employer under
this chapter or section 116L.20; or

(iii) caused an overpayment of unemployment benefits to an applicant.

The penalty is $500, or 50 percent of the overpaid or reduced unemployment benefits
or payment required, whichever is greater.

(c) The commissioner shall penalize an employer if that employer failed or refused
to honor a subpoena issued under section 268.105, subdivision 4, or section 268.188. The
penalty is $500 and any costs of enforcing the subpoena, including attorney fees.

(d) Penalties under this subdivision are in addition to any other penalties and subject
to the same collection procedures that apply to past due taxes. Penalties must be paid
within 30 calendar days of assessment and credited to the contingent account.

(e) The assessment of the penalty is final unless the employer files an appeal within
20 calendar days after the sending of notice of the penalty to the employer by mail or
electronic transmission. Proceedings on the appeal are conducted in accordance with
section 268.105.

Sec. 22. SPECIAL STATE EXTENDED UNEMPLOYMENT INSURANCE
PROGRAM.

Subdivision 1.

Eligibility.

(a) Special state extended unemployment insurance
benefits are payable under this section to an applicant who does not qualify for extended
unemployment insurance benefits under Minnesota Statutes, section 268.115, solely
because the applicant does not have wage credits of at least 40 times the applicant's
weekly benefit amount.

(b) Except as provided in paragraph (a), all requirements for extended unemployment
benefits under Minnesota Statutes, section 268.115, and all other requirements of
Minnesota Statutes, chapter 268, must be met in order for an applicant to be eligible for
special state extended unemployment insurance benefits under this section.

(c) Except as provided for in paragraph (d), special state extended unemployment
insurance benefits are payable in the same amounts, for the same duration, and for the
same time period as provided for under Minnesota Statutes, section 268.115.

(d) The maximum amount of special state extended unemployment insurance
benefits under this section available to an applicant is reduced by the amount of special
state emergency unemployment insurance benefits paid the applicant under Laws 2009,
chapter 1, section 2.

Subd. 2.

Payment from trust fund.

Special state extended unemployment
insurance benefits are payable from the Minnesota unemployment insurance trust fund.
Special state extended unemployment insurance benefits must not be used in computing
the future unemployment insurance tax rate of a taxpaying employer, and they must not be
charged to the reimbursing account of government or nonprofit employers.

Subd. 3.

Expiration.

This section expires on March 26, 2011, and no benefits may
be paid under this section for a week beginning after that date.

EFFECTIVE DATE.

This section is effective June 30, 2010.

Sec. 23. LEAVES OF ABSENCE.

Minnesota Statutes, section 268.088, applies to leaves of absence taken by workers
at the New Ulm location of 3M during 2009. The department must, notwithstanding
any prior determination or appeal decision, redetermine an applicant's entitlement to
unemployment benefits under this section.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 24. SPECIAL STATE EMERGENCY UNEMPLOYMENT
COMPENSATION.

Notwithstanding the June 30, 2010, expiration date of Laws 2009, chapter 1, section
2, subdivision 4, if an applicant has filed for special state emergency unemployment
compensation under that law for a week beginning prior to June 30, 2010, but has not
exhausted the maximum amount available to the applicant under that law, the applicant
may continue to receive special state emergency unemployment compensation under
that law up to the applicant's determined maximum under that law. This section expires
March 26, 2011, and no benefits may be paid pursuant to this section for a week beginning
after that date.

Sec. 25. NEW BENEFIT ACCOUNTS.

If an applicant establishes a new benefit account under Minnesota Statutes, section
268.07, subdivision 2, paragraph (b), within 39 weeks of the expiration of the benefit
year on a prior benefit account, notwithstanding Minnesota Statutes, section 268.07,
subdivision 2a, paragraph (a), the weekly benefit amount on the new benefit account will
not be less than 80 percent of the weekly benefit amount on the prior benefit account.

EFFECTIVE DATE.

This section applies to benefit accounts effective on or after
the first Sunday following enactment and expires the earlier of: (1) the effective date of
any federal legislation allowing an applicant to continue to collect federal emergency
unemployment compensation, notwithstanding the applicant qualifying for a new regular
state benefit account under Minnesota Statutes, section 268.07, subdivision 2, paragraph
(b); or (2) June 30, 2011.

Sec. 26. VACATION PAY AND UNEMPLOYMENT BENEFITS.

An individual who received unemployment benefits in 2009 shall not be determined
overpaid under Minnesota Statutes, section 268.18, subdivision 1, because of receipt of
vacation pay in 2009 which was earned in 2008 under a collective bargaining agreement
with an employer located in Hibbing that had layoffs in May 2009 of over 400 workers.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 27. REVISOR'S INSTRUCTION.

The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number in column B.

Column A
Column B
268.035, subdivision 12b
268.035, subdivision 12d
268.035, subdivision 21a
268.035, subdivision 21c
268.035, subdivision 20a
268.035, subdivision 21b
268.035, subdivision 25a
268.035, subdivision 25c

ARTICLE 3

LABOR STANDARDS AND WAGES; LICENSING AND FEES

Section 1.

Minnesota Statutes 2008, section 181.723, subdivision 5, is amended to read:


Subd. 5.

Application.

To obtain an independent contractor exemption certificate,
the individual must submit, in the manner prescribed by the commissioner, a complete
application and the certificate fee required under subdivision 14.

(a) A complete application must include all of the following information:

(1) the individual's full name;

(2) the individual's residence address and telephone number;

(3) the individual's business name, address, and telephone number;

(4) the services for which the individual is seeking an independent contractor
exemption certificate;

(5) the individual's Social Security number;

(6) the individual's or the individual's business federal employer identification
number, if a number has been issued to the individual or the individual's business;

(7) any information or documentation that the commissioner requires by rule that
will assist the department in determining whether to grant or deny the individual's
application; and

(8) the individual's sworn statement that the individual meets all of the following
conditions:

(i) maintains a separate business with the individual's own office, equipment,
materials, and other facilities;

(ii) holds or has applied for a federal employer identification number or has filed
business or self-employment income tax returns with the federal Internal Revenue Service
if the person has performed services in the previous year for which the individual is
seeking the independent contractor exemption certificate;

(iii) operates under contracts to perform specific services for specific amounts of
money and under which the individual controls the means of performing the services;

(iv) incurs the main expenses related to the service that the individual performs
under contract;

(v) is responsible for the satisfactory completion of services that the individual
contracts to perform and is liable for a failure to complete the service;

(vi) receives compensation for service performed under a contract on a commission
or per-job or competitive bid basis and not on any other basis;

(vii) may realize a profit or suffer a loss under contracts to perform service;

(viii) has continuing or recurring business liabilities or obligations; and

(ix) the success or failure of the individual's business depends on the relationship of
business receipts to expenditures.

(b) Individuals who are applying for or renewing a residential building contractor or
residential remodeler license under sections 326B.197, 326B.802, 326B.805, 326B.81,
326B.815, 326B.821
to 326B.86, 326B.87 to 326B.885, and 327B.041, and any rules
promulgated pursuant thereto, may simultaneously apply for or renew an independent
contractor exemption certificate. The commissioner shall create an application form
that allows for the simultaneous application for both a residential building contractor
or residential remodeler license and an independent contractor exemption certificate.
If individuals simultaneously apply for or renew a residential building contractor or
residential remodeler license and an independent contractor exemption certificate using
the form created by the commissioner, individuals shall only be required to provide, in
addition to the information required by section 326B.83 and rules promulgated pursuant
thereto, the sworn statement required by paragraph (a), clause (8), and any additional
information required by this subdivision that is not also required by section 326B.83 and
any rules promulgated thereto. When individuals submit a simultaneous application on the
form created by the commissioner for both a residential building contractor or residential
remodeler license and an independent contractor exemption certificate, the application
fee shall be $150. An independent contractor exemption certificate that is in effect before
March 1, 2009, shall remain in effect until March 1, 2011 2013, unless revoked by the
commissioner or canceled by the individual.

(c) Within 30 days of receiving a complete application and the certificate fee, the
commissioner must either grant or deny the application. The commissioner may deny
an application for an independent contractor exemption certificate if the individual has
not submitted a complete application and certificate fee or if the individual does not
meet all of the conditions for holding the independent contractor exemption certificate.
The commissioner may revoke an independent contractor exemption certificate if the
commissioner determines that the individual no longer meets all of the conditions for
holding the independent contractor exemption certificate, commits any of the actions
set out in subdivision 7, or fails to cooperate with a department investigation into the
continued validity of the individual's certificate. Once issued, an independent contractor
exemption certificate remains in effect for two four years unless:

(1) revoked by the commissioner; or

(2) canceled by the individual.

(d) If the department denies an individual's original or renewal application for
an independent contractor exemption certificate or revokes an independent contractor
exemption certificate, the commissioner shall issue to the individual an order denying or
revoking the certificate. The commissioner may issue an administrative penalty order to
an individual or person who commits any of the actions set out in subdivision 7.

(e) An individual or person to whom the commissioner issues an order under
paragraph (d) shall have 30 days after service of the order to request a hearing. The
request for hearing must be in writing and must be served on or faxed to the commissioner
at the address or facsimile number specified in the order by the 30th day after service of
the order. If the individual does not request a hearing or if the individual's request for a
hearing is not served on or faxed to the commissioner by the 30th day after service of the
order, the order shall become a final order of the commissioner and will not be subject to
review by any court or agency. The date on which a request for hearing is served by mail
shall be the postmark date on the envelope in which the request for hearing is mailed. If
the individual serves or faxes a timely request for hearing, the hearing shall be a contested
case hearing and shall be held in accordance with chapter 14.

EFFECTIVE DATE.

This section is effective retroactively from July 1, 2008.

Sec. 2.

[184B.20] INFLATABLE AMUSEMENT EQUIPMENT.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in
this subdivision have the meanings given.

(b) "Commercial use" means regular use of an inflatable for profit by an owner
at a permanently located facility:

(1) to which the general public is invited; or

(2) which the owner makes available at that facility for private parties or other events.

"Commercial use" does not include use of an inflatable (i) at a carnival, festival, fair,
private party, or similar venue at a location other than the permanently located facility, or
(ii) at a facility where the use of the inflatable is incidental to the primary use of the facility.

(c) "Inflatable" means an amusement device, used to bounce or otherwise play on,
that incorporates a structural and mechanical system and employs a high-strength fabric or
film that achieves its strength, shape, and stability by tensioning from internal air pressure.

(d) "Owner" means a person who owns, leases as lessee, or controls the operation of
an inflatable for commercial use.

(e) "Person" has the meaning given in section 302A.011, subdivision 22.

(f) "Supervisor" means an individual stationed within close proximity to an inflatable
during its use, for the purpose of supervising its safe use.

(g) "Trained" means that an individual has received instruction in how to supervise
the safe use of inflatables in accordance with industry and ASTM standards.

Subd. 2.

Prohibition.

No owner shall provide an inflatable for commercial use in
this state by others unless the owner complies with this section.

Subd. 3.

Protection against injuries from falls.

An inflatable that is in commercial
use must be placed in a manner that complies with ASTM Standard F 2374.07, adopted
by the American Society for Testing and Materials, including any future updates to that
standard.

Subd. 4.

Supervision by trained person required.

No owner of an inflatable shall
allow commercial use of the inflatable unless a trained supervisor is present in close
proximity to the inflatable and is actively supervising its use. The ratio of supervisors to
inflatables must comply with ASTM Standard F 2374.07, as referenced under subdivision
3.

Subd. 5.

Insurance required; waiver of liability limited.

(a) An owner of an
inflatable that is subject to subdivision 2 shall maintain liability insurance covering
liability for a death or injury resulting from commercial use of the inflatable with limits of
no less than $1,000,000 per occurrence and $2,000,000 aggregate per year. The insurance
shall also include medical payments coverage of no less than $5,000 per occurrence,
which may be limited to injuries incurred while using an inflatable, including getting on or
off of the inflatable. The insurance must be issued by an insurance company authorized to
issue the coverage in this state by the commissioner of commerce, and must be kept in
force during the entire period of registration. In the event of a policy cancellation, the
insurer will send written notice to the commissioner of labor and industry at the same time
that a cancellation request is received from or a notice is sent to the insured.

(b) A waiver of liability signed by or on behalf of a minor for injuries arising out of
the negligence of the owner or the owner's employee or designee is void.

Subd. 6.

Registration required.

An owner of an inflatable that is subject to
subdivision 2 must obtain and maintain a current registration with the commissioner of
labor and industry. The registration information must include the name, address, telephone
number, and e-mail address of the owner, the street address of each facility at which
the owner regularly provides inflatables for commercial use in this state by others, and
a current insurance certificate of coverage proving full compliance with subdivision 5.
The commissioner shall issue and renew a certificate of registration only to owners who
comply with this section. The commissioner shall charge a registration fee of $100 for
a two-year registration designed to cover the cost of registration and enforcement. Fee
receipts must be deposited in the state treasury and credited to the construction code
fund. The registration certificate shall be issued and renewed for a two-year period.
The registrant shall promptly notify the commissioner in writing of any changes in the
registration information required in this subdivision.

Subd. 7.

Enforcement.

The commissioner of labor and industry shall enforce this
section and may use for that purpose section 326B.082 and any powers otherwise available
to the commissioner for enforcement purposes, including suspension or revocation of the
person's registration and assessment of fines.

EFFECTIVE DATE.

This section is effective August 1, 2010.

Sec. 3.

[326B.091] DEFINITIONS.

Subdivision 1.

Applicability.

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

Subd. 2.

Applicant.

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

Subd. 3.

License.

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

Subd. 4.

Licensee.

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

Subd. 5.

Notification date.

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

Subd. 6.

Renewal deadline.

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

Sec. 4.

[326B.092] FEES.

Subdivision 1.

Licenses requiring examination administered by commissioner.

(a) If the applicant for a license must pass an examination administered by the
commissioner in order to obtain the license, then the application for the initial license
must be accompanied by an application and examination fee of $50, which is separate
from the license fee. The license fee is due after the applicant passes the examination
and before the license is issued.

(b) If the applicant for a Minnesota license holds a license in another state and
is seeking Minnesota licensure without examination based on reciprocity, then the
application for the Minnesota license must be accompanied by the application and
examination fee of $50, which is separate from the license fee. If the commissioner
approves the application, then the license fee is due before the license is issued.

Subd. 2.

Licenses not requiring examination administered by commissioner.

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

Subd. 3.

Late fee.

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

Subd. 4.

Lapsed licensed fee.

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

Subd. 5.

Insufficient fees.

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

Subd. 6.

Fees nonrefundable.

Application and examination fees, license fees,
license renewal fees, and late fees are nonrefundable except for:

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

(2) any overpayment of fees; and

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

Subd. 7.

License fees and license renewal fees.

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

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

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

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

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

License Classification
License Duration
1 Year
2 Years
3 Years
Entry level
$10
$20
$30
Journeyman
$20
$40
$60
Master
$40
$80
$120
Business
$90
$180
$270

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

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

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

Sec. 5.

[326B.093] LICENSES REQUIRING EXAMINATION ADMINISTERED
BY COMMISSIONER.

Subdivision 1.

Qualifications for examination.

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

Subd. 2.

Not qualified for examination.

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

Subd. 3.

Taking the examination.

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

Subd. 4.

Examination results.

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

Sec. 6.

[326B.094] RENEWAL OF LICENSES.

Subdivision 1.

Expiration of licenses.

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

Subd. 2.

Availability of renewal.

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

Subd. 3.

Deadline for avoiding license expiration.

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

Sec. 7.

[326B.095] INCOMPLETE LICENSE APPLICATIONS.

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

Sec. 8.

[326B.096] REINSTATEMENT OF LICENSES.

Subdivision 1.

Reinstatement after revocation.

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

(1) retake the examination and achieve a passing score; and

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

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

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

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

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

Subd. 2.

Reinstatement after suspension.

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

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

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

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

Subd. 3.

Reinstatement after voluntary termination.

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

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

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

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

Sec. 9.

[326B.097] PROHIBITION OF TRANSFER.

A licensee shall not transfer or sell any license.

Sec. 10.

[326B.098] CONTINUING EDUCATION.

Subdivision 1.

Applicability.

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

Subd. 2.

Rescheduling.

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

Subd. 3.

Fees nonrefundable.

All seminar fees paid to the department are
nonrefundable except for any overpayment of fees.

Sec. 11.

Minnesota Statutes 2008, section 326B.106, subdivision 9, is amended to read:


Subd. 9.

Accessibility.

(a) Public buildings. The code must provide for making
public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
persons with disabilities, although this does not require the remodeling of public buildings
solely to provide accessibility and usability to persons with disabilities when remodeling
would not otherwise be undertaken.

(b) Leased space. No agency of the state may lease space for agency operations
in a non-state-owned building unless the building satisfies the requirements of the State
Building Code for accessibility by persons with disabilities, or is eligible to display the
state symbol of accessibility. This limitation applies to leases of 30 days or more for
space of at least 1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for
persons with disabilities. This subdivision does not apply to any classes, seminars,
or training programs offered by the Minnesota State Colleges and Universities or the
University of Minnesota. Meetings or conferences intended for specific individuals none
of whom need the accessibility features for persons with disabilities specified in the State
Building Code need not comply with this subdivision unless a person with a disability
gives reasonable advance notice of an intent to attend the meeting or conference. When
sign language interpreters will be provided, meetings or conference sites must be chosen
which allow hearing impaired participants to see their signing clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable efforts
were made to secure facilities which complied with those requirements and if the selected
facilities are the best available for access for persons with disabilities. Exemptions shall
be granted using criteria developed by the commissioner in consultation with the Council
on Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by persons with disabilities. In the
interests of uniformity, this symbol is the sole symbol for display in or on all public or
private buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or grounds may
display the symbol unless it is in compliance with the rules adopted by the commissioner
under subdivision 1. Before any rules are proposed for adoption under this paragraph,
the commissioner shall consult with the Council on Disability. Rules adopted under this
paragraph must be enforced in the same way as other accessibility rules of the State
Building Code.

(f) Municipal enforcement. Municipalities which have not adopted the State
Building Code may enforce the building code requirements for persons with disabilities by
either entering into a joint powers agreement for enforcement with another municipality
which has adopted the State Building Code; or contracting for enforcement with an
individual certified under section 326B.133, subdivision 3, to enforce the State Building
Code.

Sec. 12.

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


Subdivision 1.

Designation.

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

Sec. 13.

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


Subd. 2a.

Application; renewal; fees; expiration.

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

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

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

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

Sec. 14.

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


Subd. 3.

Certification criteria.

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

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

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

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

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

Sec. 15.

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


Subd. 3a.

Certification categories.

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

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

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

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

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

Sec. 16.

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


Subd. 8.

Continuing education requirements; extension of time.

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

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

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

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

Continuing education programs may be approved as established in rule.

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

Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner to retain
renew
certification.

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

Sec. 17.

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


Subd. 11.

Failure to renew.

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

Sec. 18.

Minnesota Statutes 2008, section 326B.16, is amended to read:


326B.16 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
PERSONS WITH DISABILITIES.

Subdivision 1.

Application.

The State Building Code's requirements for persons
with disabilities apply statewide.
A statutory or home rule charter city that does not have
in effect an ordinance adopting the State Building Code is responsible for enforcement in
the city of the State Building Code's requirements for disabled persons with disabilities.
In all other areas where there is no ordinance in effect adopting the State Building Code,
the county is responsible for enforcement of the State Building Code's requirements for
disabled persons with disabilities.

Subd. 2.

Municipal enforcement.

Municipalities which have not adopted the State
Building Code shall enforce the State Building Code's requirements for persons with
disabilities by: (1) entering into a joint powers agreement for enforcement with another
municipality which has adopted the State Building Code; (2) contracting for enforcement
with an individual certified under section 326B.133, subdivision 3, to enforce the State
Building Code; or (3) hiring or training their own staff.

Subd. 3.

Responsibilities.

Municipalities shall fulfill code responsibilities including
duties and responsibilities for code administration, plan review, and inspection in
accordance with the procedures established in the State Building Code.

Subd. 4.

Enforcement by state building official.

If the commissioner determines
that a municipality is not properly administering and enforcing the State Building Code's
requirements for persons with disabilities, the commissioner may have the administration
and enforcement in the involved municipality undertaken by the state building official
or by another building official certified by the state. The commissioner shall notify the
affected municipality in writing immediately upon making the determination, and the
municipality may challenge the determination as a contested case before the commissioner
pursuant to the Administrative Procedure Act. The commissioner shall charge the fees set
by section 326B.153 for the administration and enforcement service rendered. Any cost to
the state arising from the state administration and enforcement of the State Building Code
shall be borne by the subject municipality.

Sec. 19.

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


326B.197 BOND REQUIRED FOR CERTAIN CONTRACTORS.

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

(b) The commissioner of labor and industry may charge each person giving bond
under this section an annual a biennial bond filing fee of $15 $100.

Sec. 20.

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


Subd. 18.

Examination.

In addition to the other requirements described in this
section and sections 326B.091 to 326B.098, and except as provided in subdivision 20, as a
precondition to issuance of a personal license, each applicant must pass a written or oral
examination developed and administered by the commissioner to ensure the competence of
each applicant for license. An oral examination shall be administered only to an applicant
who furnishes a written statement from a certified teacher or other professional, trained in
the area of reading disabilities stating that the applicant has a specific reading disability
which would prevent the applicant from performing satisfactorily on a written test. The
oral examination shall be structured so that an applicant who passes the examination
will not impair the applicant's own safety or that of others while acting as a licensed
individual. No individual failing an examination may retake it for six months thereafter,
but within such six months the individual may take an examination for a lesser grade of
license. Any individual failing to renew a personal license for two years or more after its
expiration, and any licensee whose personal license is revoked under this chapter, shall
be required to retake the examination before being issued a new license. An individual
whose personal license is revoked under any other chapter is not required to retake the
examination before being issued a new license, unless the personal license was revoked
two years or more before the commissioner received the completed application for a new
license. A licensee whose personal license is suspended for any reason is not required to
retake the examination before the personal license is reinstated, unless the personal license
has not been reinstated within two years after the suspension began.

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

Sec. 21.

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


Subd. 19.

License, registration, and renewal fees; expiration.

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

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

(1) For each personal license application and examination: $35;

(2) For original issuance and each subsequent renewal of:

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

Class B Master: $25 per year;

Power Limited Technician: $15 per year;

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

Contractor: $100 per year;

Unlicensed individual registration: $15 per year.

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

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

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

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

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

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

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

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

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

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

Sec. 22.

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


Subd. 20.

Reciprocity.

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

(a) submits an application under this section;

(b) pays the application and examination fee and license fee required under this
section 326B.092; and

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

Agreements are subject to the following:

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

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

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

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

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

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

Sec. 23.

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


Subd. 21.

Exemptions from licensing.

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

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

(2) the individual is supervised by:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 24.

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


Subd. 1a.

Contractor.

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

Sec. 25.

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


Subd. 8.

Plumbing contractor.

"Plumbing contractor" means a licensed contractor
whose responsible licensed plumber is a licensed master plumber.

Sec. 26.

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


Subd. 9.

Responsible licensed plumber.

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

Sec. 27.

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


Subd. 10.

Restricted plumbing contractor.

"Restricted plumbing contractor"
means a licensed contractor whose responsible licensed plumber is a licensed restricted
master plumber.

Sec. 28.

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


326B.44 LOCAL REGULATIONS.

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

Sec. 29.

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


326B.46 LICENSING, BOND AND INSURANCE.

Subdivision 1.

License required.

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

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

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

Subd. 1a.

Exemptions from licensing.

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

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

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

Subd. 1b.

Employment of master plumber or restricted master plumber.

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

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

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

Subd. 2.

Bond; insurance.

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

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

Subd. 3.

Bond and insurance exemption.

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

Subd. 4.

Fee.

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

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

Subd. 5.

Exterior connections.

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

Subd. 6.

Well contractor exempt from licensing and bond; conditions.

No
license, registration, or bond under sections 326B.42 to 326B.49 is required of a well
contractor or a limited well/boring contractor who is licensed and bonded under section
103I.525 or 103I.531 and is engaged in the work or business of installing (1) water service
pipe from a well to a pressure tank or a frost-free water hydrant with an antisiphon device
which is located entirely outside of a structure requiring potable water, or (2) a temporary
shut-off valve on a well water service pipe. For the purposes of this subdivision,
"temporary" means a time period not to exceed six months. This subdivision expires one
year after the date of enactment.

Sec. 30.

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


326B.47 PLUMBER'S APPRENTICES.

Subdivision 1.

Registration; supervision; records.

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

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

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

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

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

Subd. 2.

Journeyman exam.

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

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

Subd. 3.

Registration, rules, applications, renewals, and fees.

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

Sec. 31.

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


Subd. 2.

Use of license.

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

Sec. 32.

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


Subd. 4.

Renewal; use period for license.

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

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

Sec. 33.

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


Subdivision 1.

Application, examination, and license fees.

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

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

(c) Any licensee who does not renew a license within two years after the license
expires is no longer eligible for renewal. Such an individual must retake and pass the
examination before a new license will be issued. A journeyman or master plumber who
submits a license renewal application after the time specified in rule but within two
years after the license expired must pay all past due renewal fees plus a late fee of $25.

Applications for contractor licenses shall be made to the commissioner, with all fees
required by section 326B.092. All contractor licenses shall expire on December 31 of each
odd-numbered year after issuance or renewal.

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

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

(2) the following licenses shall be considered master licenses: master plumber and
restricted master plumber;

(3) the following licenses shall be considered journeyman licenses: journeyman
plumber and restricted journeyman plumber; and

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

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

Sec. 34.

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


Subd. 1a.

Responsible licensed master.

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

Sec. 35.

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


Subd. 2a.

Water conditioning contractor.

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

Sec. 36.

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


Subd. 3a.

Water conditioning journeyman.

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

Sec. 37.

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


Subd. 3b.

Water conditioning master.

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

Sec. 38.

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


326B.54 VIOLATIONS TO BE REPORTED TO COMMISSIONER.

Such local authority as may be designated by any such ordinance for the issuance
of such water conditioning installation and servicing permits and approval of such plans
shall report to the commissioner persistent or willful violations of the same and any
incompetence of a licensed water conditioning contractor, licensed water conditioning
master,
or licensed water conditioning installer journeyman observed by the local authority.

Sec. 39.

Minnesota Statutes 2008, section 326B.55, as amended by Laws 2010, chapter
183, section 13, is amended to read:


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

Subdivision 1.

Licensing.

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

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

(c) Except as provided in paragraph (d), no person shall engage in or work at the
business of water conditioning installation or servicing anywhere in the state unless (1)
at all times an individual licensed as a master plumber or water conditioning contractor
master
by the commissioner shall be , who is responsible for the proper installation and
servicing, is in charge of the
water conditioning installation and servicing work of such
person, and (2) all installations, other than
.

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

(d) No water conditioning contractor, water conditioning master, or water
conditioning journeyman license is required:

(1) for exchanges of portable water conditioning equipment, are performed by a
licensed water conditioning contractor or licensed water conditioning installer. Any
individual not so licensed may
; or

(2) for an individual to perform water conditioning work that complies with the
minimum standards prescribed by the Plumbing Board on premises or that part of premises
owned and occupied by the worker individual as a residence, unless otherwise prohibited
by a local ordinance. The scope of work that a master plumber, restricted master plumber,
journeyman plumber, or restricted journeyman plumber is authorized to perform as an
employee of a licensed water conditioning contractor shall be limited to the scope of work
that the licensed water conditioning contractor is licensed to perform.

Subd. 2.

Qualifications for licensing.

(a) A water conditioning contractor master
license shall be issued only to an individual who has demonstrated skill in planning,
superintending, and servicing water conditioning installations, and has successfully passed
the examination for water conditioning contractors masters. A water conditioning installer
journeyman
license shall only be issued to an individual other than a water conditioning
contractor master who has demonstrated practical knowledge of water conditioning
installation, and has successfully passed the examination for water conditioning installers
journeymen
. A water conditioning installer journeyman must successfully pass the
examination for water conditioning contractors masters before being licensed as a water
conditioning contractor master.

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

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

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

Subd. 3.

Commissioner.

The commissioner shall:

(1) license water conditioning contractors, water conditioning masters, and installers
water conditioning journeymen
; and

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

Subd. 4.

Plumber's apprentices.

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

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

Sec. 40.

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


326B.56 ALTERNATIVE STATE BONDING AND INSURANCE
REGULATION.

Subdivision 1.

Bonds.

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

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

Subd. 2.

Insurance.

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

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

Subd. 3.

Bond and insurance exemption.

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

Subd. 4.

Fee.

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

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

Sec. 41.

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


326B.58 FEES; RENEWAL.

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

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

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

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

(1) a water conditioning journeyman license shall be considered a journeyman
license;

(2) a water conditioning master license shall be considered a master license; and

(3) a water conditioning contractor license shall be considered a business license.

Sec. 42.

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


Subd. 6.

Exemptions.

The license requirement does not apply to:

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

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

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

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

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

(6) a mechanical contractor;

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

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

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

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

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

Sec. 43.

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


Subdivision 1.

Licensing fee Fees.

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

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

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

Sec. 44.

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


Subdivision 1.

Form.

(a) An applicant for a license under sections 326B.802 to
326B.885 must submit an application, under oath and accompanied by the license fee fees
required by section 326B.815 326B.092, on a form prescribed by the commissioner.
Within 30 business days of receiving all required information, the commissioner must
act on the license request.

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

Sec. 45.

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


Subd. 3.

Examination.

(a) Each qualifying person must satisfactorily complete pass
a written examination for the type of license requested. The commissioner may establish
the examination qualifications, including related education experience and education, the
examination procedure, and the examination for each licensing group. The examination
must include at a minimum the following areas:

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

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

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

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

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

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

Sec. 46.

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


Subd. 6.

License.

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

Sec. 47.

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


Subdivision 1.

Bond.

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

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

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

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

Sec. 48.

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


326B.865 SIGN CONTRACTOR; BOND.

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

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

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

Sec. 49.

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


Subd. 2.

High pressure pipefitting business license.

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

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

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

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

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

Sec. 50.

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


Subd. 4.

Registration with commissioner.

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

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

Sec. 51.

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


Subd. 7.

License fee , registration, and renewal fees.

The department shall charge
the following license fees:

(a) application for journeyman high pressure pipefitter competency license, $120;

(b) renewal of journeyman high pressure pipefitter competency license, $80;

(c) application for contracting high pressure pipefitter competency license, $270;

(d) renewal of contracting high pressure pipefitter competency license, $240;

(e) application for high pressure piping business license, $450;

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

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

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

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

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

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

(2) a journeyman high pressure pipefitter license is a journeyman license;

(3) a contracting high pressure pipefitter license is a master license; and

(4) a high pressure piping business license is a business license.

Sec. 52.

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


326B.922 LICENSE APPLICATION AND RENEWAL.

(a) Application for a contracting high pressure pipefitter competency or , a
journeyman high pressure pipefitter competency , or a high pressure piping business
license shall be made to the department, with all fees required by section 326B.092.

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

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

Sec. 53.

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


Subd. 4.

Examinations, licensing.

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

Sec. 54.

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


Subd. 2.

Applications.

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

Sec. 55.

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


Subd. 19.

Applicability.

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

Sec. 56.

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


Subd. 5.

Boiler engineer license fees.

(a) For the following licenses, the
nonrefundable license and application fee is:

(1) chief engineer's license, $70;

(2) first class engineer's license, $70;

(3) second class engineer's license, $70;

(4) special engineer's license, $40;

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

(6) provisional license, $50.

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

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

(1) the boiler special engineer license is an entry level license;

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

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

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

Sec. 57.

Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to read:


Subd. 17.

Installation.

"Installation" of a manufactured home means assembly
installation or reinstallation
, at the site of occupancy, of all portions of a manufactured
home, connection of the manufactured home to existing utility connections and installation
of support and/or anchoring systems.

Sec. 58.

Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
to read:


Subd. 21.

Used manufactured home.

"Used manufactured home" means a home
being offered for sale not less than 24 months after the first purchaser took legal ownership
or possession of the home.

Sec. 59.

Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
to read:


Subd. 22.

Seller.

"Seller" means either the homeowner, manufactured home retailer
or dealer, broker, or limited dealer or retailer.

Sec. 60.

Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read:


Subdivision 1.

Requirement; new manufactured homes.

No person shall sell,
or offer for sale, in this state, any new manufactured home manufactured after July 1,
1972,
or manufacture any manufactured home in this state or install for occupancy any
manufactured home manufactured after July 1, 1972, in any manufactured home park in
this state
unless the manufactured home complies with the Manufactured Home Building
Code and: bears a label as required by the secretary.

(a) bears a seal issued by the commissioner, and is, whenever possible, accompanied
by a certificate by the manufacturer or dealer, both evidencing that it complies with the
Manufactured Home Building Code; or

(b) if manufactured after June 14, 1976, bears a label as required by the secretary.

Sec. 61.

Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:


Subd. 1a.

Requirement; used manufactured homes.

No person shall sell or
offer for sale in this state any used manufactured home manufactured after June 14,
1976, or install for occupancy any used manufactured home manufactured after June
14, 1976, unless the used manufactured home complies with the Notice of Compliance
Form as provided in this subdivision. If manufactured after June 14, 1976, the home
must bear a label as required by the secretary. The Notice of Compliance Form shall be
signed by the seller and purchaser indicating which party is responsible for either making
or paying for any necessary corrections prior to the sale and transferring ownership of
the manufactured home.

The Notice of Compliance Form shall be substantially in the following form:

"Notice of Compliance Form as required in Minnesota Statutes,
section 327.32, subdivision 1.

This notice must be completed and signed by the purchaser(s) and the seller(s) of the
used manufactured home described in the purchase agreement and on the bottom of this
notice before the parties transfer ownership of a used manufactured home constructed
after June 14, 1976.

Electric ranges and clothes dryers must have required four-conductor cords and plugs.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
of Federal Regulations, title 24, section 3280.709(g), and installed correctly in accordance
with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
Code of Federal Regulations, title 24, section 3280.709(g)).

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
Regulations, title 24, section 3280.709(a) and (d)(1) and (2), and installed correctly, in
accordance with their listing or standards.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

Smoke alarms are required to be installed and operational in accordance with Code of
Federal Regulations, title 24, section 3280.208.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

Carbon monoxide alarms or CO detectors that are approved and operational are required
to be installed within ten feet of each room lawfully used for sleeping purposes.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

Egress windows are required in every bedroom with at least one operable window with
a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
operating handles, tabs, or other operational devices shall not be located more than 54
inches above the finished floor.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

The furnace compartment of the home is required to have interior finish with a flame
spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
Housing and Urban Development Code governing manufactured housing construction.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

The water heater enclosure in this home is required to have interior finish with a flame
spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
Housing and Urban Development Code governing manufactured housing construction.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

The home complies with the snowload and heat zone requirements for the state of
Minnesota as indicated by the data plate.

Complies ..........
Correction required ..........
Initialed by Responsible Party: Buyer ..........
Seller ..........

The parties to this agreement have initialed all required sections and agree by their
signature to complete any necessary corrections prior to the sale or transfer of ownership
of the home described below as listed in the purchase agreement. The state of Minnesota
or a local building official has the authority to inspect the home in the manner described in
Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was
properly executed as provided under the Manufactured Home Building Code.

Signature of Purchaser(s) of Home
..............................date..............................
..............................date..............................
...................................................................
...................................................................
Print name as appears on purchase
agreement
Print name as appears on purchase
agreement
Signature of Seller(s) of Home
..............................date..............................
..............................date..............................
...................................................................
...................................................................
Print name and license number, if applicable
Print name and license number, if applicable
(Street address of home at time of sale)
................................................................................................................................
(City/State/Zip).......................................................................................................
Name of manufacturer of home............................................................................
Model and Year.....................................................................................................
Serial Number........................................................................................................ "

Sec. 62.

Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:


Subd. 1b.

Alternative design plan.

An alternative frost-free design slab that is
submitted to the department, stamped by a licensed professional engineer or architect,
and is in compliance with either the federal installation standards in effect at the date of
manufacture or the Minnesota State Building Code, when applicable, shall be issued a
permit by the department within ten days.

Sec. 63.

Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:


Subd. 1c.

Manufacturer's installation instructions; new home.

All new
single-section manufactured homes and new multisection manufactured homes shall be
installed in compliance with either the manufacturer's installation instructions in effect at
the date of manufacture or, when applicable, the Minnesota State Building Code.

Sec. 64.

Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:


Subd. 1d.

Manufacturer's installation instructions; used multisection homes.

All used multisection manufactured homes shall be installed in compliance with the
manufacturer's installation instructions in effect at the date of manufacture, approved
addenda or, when applicable, the Minnesota State Building Code.

Sec. 65.

Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:


Subd. 1e.

Reinstallation requirements for single-section used manufactured
homes.

(a) All single-section used manufactured homes reinstalled less than 24 months
from the date of installation by the first purchaser must be reinstalled in compliance with
subdivision 1c. All single-section used manufactured homes reinstalled more than 24
months from the date of installation by the first purchaser may be reinstalled without
a frost-protected foundation if the home is reinstalled in compliance with Minnesota
Rules, chapter 1350, for above frost-line installations and the notice requirement of
subdivision 1f is complied with by the seller and the purchaser of the single-section used
manufactured home.

(b) The installer shall affix an installation seal issued by the department to the
outside of the home as required by the Minnesota State Building Code. The certificate
of installation issued by the installer of record shall clearly state that the home has been
reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
for issuance of reinstallation seals shall follow the requirements of sections 326B.802
to 326B.885. Fees for review of plans, specifications, and on-site inspections shall be
those as specified in section 326B.153, subdivision 1, paragraph (c). Whenever an
installation certificate for an above frost-line installation is issued to a single-section used
manufactured home being listed for sale, the purchase agreement must disclose that the
home is installed on a nonfrost-protected foundation and recommend that the purchaser
have the home inspected to determine the effects of frost on the home.

Sec. 66.

Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:


Subd. 1f.

Notice requirement.

The seller of the single-section used manufactured
home being reinstalled under subdivision 1e shall provide the following notice to the
purchaser and secure signatures of all parties to the purchase agreement on or before
signing a purchase agreement prior to submitting an application for an installation
certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
home under subdivision 1e, the current owner is not required to comply with the notice
requirement under this subdivision. The notice shall be in at least 14-point font, except the
heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
The notice must be printed on a separate sheet of paper in a color different than the paper
on which the purchase agreement is printed. The notice becomes a part of the purchase
agreement and shall be substantially in the following form:

"Notice of Reinstalling of a Single-Section Used Manufactured
Home Above Frost-Line;

WHICH MAY VOID WARRANTY

It is recommended that the single-section used manufactured home being reinstalled
follow the instructions in the manufacturer's installation manual. By signing this notice,
the purchaser(s) are acknowledging they have elected to use footings placed above the
local frost line in accordance with the Minnesota State Building Code.

The seller has explained the differences between the manufacturer's installation
instructions and the installation system selected by the purchaser(s) with respect to
possible effects of frost on the manufactured home.

The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
original warranty remaining on the home and recognize that any other extended or ancillary
warranty could be adversely affected if any applicable warranty stipulates that the home
be installed in accordance with the manufacturer's installation manual to remain effective.

After the reinstallation of the manufactured home, it is highly recommended that the
purchaser(s) have a licensed manufactured home installer recheck the home's installation
for any releveling needs or anchoring system adjustments each freeze-thaw cycle.

The purchaser(s) of the used manufactured home described below that is being reinstalled
acknowledge they have read this notice and have been advised to contact the manufacturer
of the home and/or the Department of Labor and Industry if they desire additional
information before signing this notice. It is the intent of this notice to inform the
purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
for the reinstallation of the manufactured home as originally required by the home's
installation manual.

Plain language notice.

I understand that because this home will be installed with footings placed above the
local frost line, this home may be subject to adverse effects from frost heave that may
damage this home. Purchaser(s) initials: .......

I understand that the installation of this home with footings placed above the local
frost line could affect my ability to obtain a mortgage or mortgage insurance on this
home. Purchaser(s) initials: .......

I understand that the installation of this home with footings placed above the local
frost line could void my warranty on the home if any warranty is still in place on this
home. Purchaser(s) initials: .......

Signature of Purchaser(s)
..............................date..............................
..............................date..............................
...................................................................
...................................................................
Print name
Print name
(Street address of location where
manufactured home is being reinstalled)
..............................................................................................................................
(City/State/Zip)....................................................................................................
Name of manufacturer of home.........................................................................
Model and year...................................................................................................
Serial number.....................................................................................................

Name of licensed installer and license number or homeowner responsible for the
installation of the home as described above.

Installer name:...................................................................................................
License number:................................................................................................"

Sec. 67.

Minnesota Statutes 2008, section 327.34, subdivision 1, is amended to read:


Subdivision 1.

Generally.

It shall be a misdemeanor for any person,

(a) to sell, lease, or offer to sell or lease, any manufactured home manufactured
after July 1, 1972 June 14, 1976, which does not comply with the Manufactured Home
Building Code or which does not bear a seal or label as required by sections 327.31 to
327.34, unless the action is subject to the provisions of section 327.35;

(b) to affix a seal or label, or cause a seal or label to be affixed, to any manufactured
home which does not comply with the Manufactured Home Building Code unless the
action is subject to the provisions of section 327.35;

(c) to alter a manufactured home manufactured after July 1, 1972 June 14, 1976,
in a manner prohibited by sections 327.31 to 327.34; or

(d) to fail to correct a Manufactured Home Building Code violation in a
manufactured home manufactured after July 1, 1972 June 14, 1976, which is owned,
manufactured, or sold by that person, within 40 days of being ordered to do so in writing
by an authorized representative of the commissioner, unless the correction is subject to the
provisions of section 327.35 ; or .

(e) to interfere with, obstruct, or hinder any authorized representative of the
commissioner in the performance of duties relating to manufactured homes manufactured
after July 1, 1972, and prior to June 15, 1976.

Sec. 68.

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


Subd. 2.

Subagency licenses.

Any dealer who has a place of business at more than
one location shall designate one location as its principal place of business, one name as its
principal name, and all other established places of business as subagencies. A subagency
license shall be required for each subagency. Subagency license renewal must coincide
with the principal license date.
No dealer shall do business as a dealer under any other
name than the name on its license.

Sec. 69.

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


Subd. 7.

Licenses; when granted renewal.

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

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

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

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

Sec. 70.

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


Subd. 7a.

Fees.

(a) Fees for licenses issued pursuant to this section are as follows:
shall be calculated pursuant to section 326B.092.

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

(2) initial dealer license for subagency location, $80;

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

(4) initial limited dealer license, $200;

(5) change of bonding company, $10;

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

(7) checks returned without payment, $15; and

(8) change of address, $10.

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

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

(d) All fees are not refundable.

Sec. 71.

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


Subd. 8.

Limited dealer's license.

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

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

(i) the identity of the applicant;

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

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

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

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

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

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

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

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

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

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

Sec. 72.

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


327B.041 MANUFACTURED HOME INSTALLERS.

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

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

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

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

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

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

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

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

Sec. 73. WATER-FREE URINALS.

The Plumbing Board shall have expedited rulemaking authority provided under
section 14.389 for expedited rules regarding water-free urinals that meet the Minnesota
Plumbing Board standards. This authority expires December 31, 2010.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 74. REVISOR'S INSTRUCTION.

In Minnesota Rules, the revisor of statutes shall change all references to Minnesota
Rules, part 1350.8300, to Minnesota Statutes, section 327B.04.

EFFECTIVE DATE.

This section is effective August 1, 2010.

Sec. 75. REPEALER.

(a) Minnesota Statutes 2008, sections 326B.133, subdivisions 9 and 10; 326B.37,
subdivision 13; 326B.475, subdivisions 5 and 6; 326B.56, subdivision 3; 326B.885,
subdivisions 3 and 4; 326B.976; 327.32, subdivision 4; and 327C.07, subdivisions 3a
and 8,
are repealed.

(b) Minnesota Statutes 2009 Supplement, sections 326B.56, subdivision 4; and
326B.986, subdivision 2,
are repealed.

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

EFFECTIVE DATE.

Paragraphs (a) to (c) are effective January 1, 2012, except
that the repeal of Minnesota Statutes, sections 327.32, subdivision 4, and 327C.07,
subdivisions 3a and 8, are effective July 1, 2010.

Sec. 76. EFFECTIVE DATE.

Sections 3 to 10, 12 to 17, and 19 to 56 are effective January 1, 2012.

ARTICLE 4

MINNESOTA S.A.F.E. MORTGAGE LICENSING ACT OF 2010

Section 1.

[58A.01] TITLE.

This chapter may be cited as the "Minnesota Secure and Fair Enforcement for
Mortgage Licensing Act of 2010" or "Minnesota S.A.F.E. Mortgage Licensing Act of
2010."

Sec. 2.

[58A.02] DEFINITIONS.

Subdivision 1.

Application.

For purposes of this chapter, the definitions in
subdivisions 2 to 15 have the meanings given them.

Subd. 2.

Depository institution.

"Depository institution" has the meaning given in
United States Code, title 12, section 1813, and includes a credit union.

Subd. 3.

Federal banking agencies.

"Federal banking agencies" means the Board
of Governors of the Federal Reserve System, the comptroller of the currency, the director
of the Office of Thrift Supervision, the National Credit Union Administration, and the
Federal Deposit Insurance Corporation.

Subd. 4.

Immediate family member.

"Immediate family member" means a spouse,
child, sibling, a parent, grandparent, or grandchild. This includes stepparents, stepchildren,
stepsiblings, and adoptive relationships.

Subd. 5.

Individual.

"Individual" means a natural person.

Subd. 6.

Loan processor or underwriter.

"Loan processor or underwriter" means
an individual who performs clerical or support duties as an employee at the direction
of and subject to the supervision and instruction of a person licensed or exempt from
licensing under chapter 58. For purposes of this subdivision, the term "clerical or support
duties" may include after the receipt of an application:

(1) the receipt, collection, distribution, and analysis of information common for the
processing or underwriting of a residential mortgage loan; and

(2) communicating with a consumer to obtain the information necessary for the
processing or underwriting of a loan, to the extent that the communication does not include
offering or negotiating loan rates or terms, or counseling consumers about residential
mortgage loan rates or terms.

Subd. 7.

Mortgage loan originator.

"Mortgage loan originator":

(1) means an individual who for compensation or gain or in the expectation of
compensation or gain:

(i) takes a residential mortgage loan application; or

(ii) offers or negotiates terms of a residential mortgage loan;

(2) does not include an individual engaged solely as a loan processor or underwriter
except as otherwise provided in section 58A.03, subdivision 3;

(3) does not include a person or entity that only performs real estate brokerage
activities and is licensed or registered according to Minnesota law, unless the person or
entity is compensated by a lender, a mortgage broker, or other mortgage loan originator or
by an agent of the lender, mortgage broker, or other mortgage loan originator;

(4) does not include a person or entity solely involved in extensions of credit
relating to timeshare plans, as that term is defined in United States Code, title 11, section
101(53D); and

(5) does not include a person who merely assists, without advising, the consumer
in locating or understanding a loan application, and does not do anything that would be
considered to be acting as a mortgage loan originator under federal or state laws. This
clause is subject to final approval by the United States Department of Housing and Urban
Development, and is severable to the extent that the department determines that it is
not compliant with federal law.

Subd. 8.

Nationwide Mortgage Licensing System and Registry.

"Nationwide
Mortgage Licensing System and Registry" means a mortgage licensing system developed
and maintained by the Conference of State Bank Supervisors and the American
Association of Residential Mortgage Regulators for the licensing and registration of
licensed mortgage loan originators.

Subd. 9.

Nontraditional mortgage product.

"Nontraditional mortgage product"
means a mortgage product other than a 30-year fixed rate mortgage loan.

Subd. 9a.

Offers or negotiates terms of a residential mortgage loan for
compensation or gain.

"Offers or negotiates terms of a residential mortgage loan for
compensation or gain" means an individual:

(1)(i) presents for acceptance by a borrower or prospective borrower residential
mortgage loan terms;

(ii) communicates directly or indirectly with a borrower or prospective borrower
for the purpose of reaching an understanding about prospective residential mortgage
loan terms; or

(iii) recommends, refers, or steers a borrower to a particular lender or set of
residential mortgage loan terms, in accordance with a duty to or incentive from any person
other than the borrower or prospective borrower; and

(2) receives or expects to receive payment of money or anything of value in
connection with the activities described in clause (1) or as a result of any residential
mortgage loan terms entered into as a result of such activities.

This subdivision is subject to final approval by the United States Department of
Housing and Urban Development, and is severable to the extent that the department
determines that it is not compliant with federal law.

Subd. 10.

Person.

"Person" means a natural person, corporation, company, limited
liability company, partnership, or association.

Subd. 11.

Real estate brokerage activity.

"Real estate brokerage activity" means
an activity that involves offering or providing real estate brokerage services to the public,
including:

(1) acting as a real estate agent or real estate broker for a buyer, seller, lessor,
or lessee of real property;

(2) bringing together parties interested in the sale, purchase, lease, rental, or
exchange of real property;

(3) negotiating, on behalf of a party, a portion of a contract relating to the sale,
purchase, lease, rental, or exchange of real property other than in connection with
providing financing with respect to the transaction;

(4) engaging in an activity for which a person engaged in the activity is required to
be registered or licensed as a real estate agent or real estate broker under any applicable
law; and

(5) offering to engage in any activity, or act in any capacity, described in clause
(1), (2), (3), or (4).

Subd. 12.

Registered mortgage loan originator.

"Registered mortgage loan
originator" means an individual who:

(1) meets the definition of mortgage loan originator and is an employee of:

(i) a depository institution;

(ii) a subsidiary that is owned and controlled by a depository institution and
regulated by a federal banking agency; or

(iii) an institution regulated by the Farm Credit Administration; and

(2) is registered with, and maintains a unique identifier through, the Nationwide
Mortgage Licensing System and Registry.

Subd. 13.

Residential mortgage loan.

"Residential mortgage loan" means a loan
primarily for personal, family, or household use that is secured by a mortgage, deed of
trust, or other equivalent consensual security interest on a dwelling, as defined in United
States Code, title 15, section 1602(v), or residential real estate upon which a dwelling is
constructed or intended to be constructed.

Subd. 14.

Residential real estate.

"Residential real estate" means real property
located in Minnesota, upon which a dwelling is constructed or is intended to be
constructed.

Subd. 14a.

Takes a residential mortgage loan application.

"Takes a residential
mortgage loan application" means the individual receives a residential mortgage loan
application for the purpose of deciding, or influencing or soliciting the decision of another,
whether to extend an offer of residential mortgage loan terms to a borrower or prospective
borrower, or to accept the terms offered by a borrower or prospective borrower in
response to a solicitation, whether the application is received directly or indirectly from
the borrower or prospective borrower. This subdivision is subject to final approval by the
United States Department of Housing and Urban Development, and is severable to the
extent that the department determines that it is not compliant with federal law.

Subd. 15.

Unique identifier.

"Unique identifier" means a number or other identifier
assigned by protocols established by the Nationwide Mortgage Licensing System and
Registry.

Sec. 3.

[58A.03] LICENSE AND REGISTRATION REQUIRED.

Subdivision 1.

Generally.

An individual, unless specifically exempted from this
chapter under subdivision 2, shall not engage in the business of a mortgage loan originator
with respect to a dwelling located in this state without first obtaining and maintaining a
license under this chapter. An individual may not engage in the mortgage loan business
unless the individual is employed and supervised by an entity which is either licensed
or exempt from licensing under chapter 58. A licensed mortgage loan originator must
register with and maintain a valid unique identifier issued by the Nationwide Mortgage
Licensing System and Registry.

Subd. 2.

Exemptions.

The following are exempt from this chapter:

(1) a registered mortgage loan originator, when acting for an entity described in
section 58A.02, subdivision 12, clause (1);

(2) an individual who offers or negotiates terms of a residential mortgage loan with
or on behalf of an immediate family member of the individual;

(3) an individual who offers or negotiates terms of a residential mortgage loan
secured by a dwelling that served as the individual's residence;

(4) a licensed attorney who negotiates the terms of a residential mortgage loan
on behalf of a client as an ancillary matter to the attorney's representation of the client,
unless the attorney is compensated by a lender, a mortgage broker, or other mortgage
loan originator or by any agent of the lender, mortgage broker, or other mortgage loan
originator; and

(5) an employee of a nonprofit organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, or a local unit of government, that
is not otherwise engaged in the mortgage loan business, engaged in the financing of
housing for low- and moderate-income households or housing counseling under programs
designed specifically for those purposes, to the extent exempted by the commissioner
by rule, advisory ruling, or interpretation, after taking into consideration any law, rule,
advisory ruling, or interpretation by the United States Department of Housing and Urban
Development.

Subd. 3.

Independent contractor loan processors or underwriters.

A loan
processor or underwriter who is an independent contractor may not engage in the activities
of a loan processor or underwriter unless the independent contractor loan processor
or underwriter obtains and maintains a license under subdivision 1. An independent
contractor loan processor or underwriter licensed as a mortgage loan originator must have
and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing
System and Registry.

EFFECTIVE DATE.

In order to facilitate an orderly transition to licensing and
minimize disruption in the mortgage marketplace, the effective date for subdivision 1
is July 31, 2010, or a later date approved by the Secretary of the U.S. Department of
Housing and Urban Development, under the authority granted in Public Law 110-289,
section 1508(a).

Sec. 4.

[58A.04] STATE LICENSE AND REGISTRATION APPLICATION AND
ISSUANCE.

Subdivision 1.

Application form.

An applicant for a license shall apply in a form
as prescribed by the commissioner. The form must contain content as set forth by rule,
instruction, or procedure of the commissioner and may be changed or updated as necessary
by the commissioner in order to carry out the purposes of this chapter.

Subd. 2.

Commissioner may establish relationships or contracts.

In order
to fulfill the purposes of this chapter, the commissioner is authorized to establish
relationships or contracts with the Nationwide Mortgage Licensing System and Registry
or other entities designated by the Nationwide Mortgage Licensing System and Registry to
collect and maintain records and process transaction fees or other fees related to licensees
or other persons subject to this chapter.

Subd. 3.

Waive or modify requirements.

For the purpose of participating in the
Nationwide Mortgage Licensing System and Registry, the commissioner is authorized to
waive or modify, in whole or in part, by rule or order, any or all of the requirements of
this chapter and to establish new requirements as reasonably necessary to participate in
the Nationwide Mortgage Licensing System and Registry.

Subd. 4.

Background checks.

In connection with an application for licensing as a
mortgage loan originator, the applicant shall, at a minimum, furnish to the Nationwide
Mortgage Licensing System and Registry information concerning the applicant's identity,
including:

(1) fingerprints for submission to the Federal Bureau of Investigation, and a
governmental agency or entity authorized to receive the information for a state, national,
and international criminal history background check; and

(2) personal history and experience in a form prescribed by the Nationwide
Mortgage Licensing System and Registry, including the submission of authorization for
the Nationwide Mortgage Licensing System and Registry and the commissioner to obtain:

(i) an independent credit report obtained from a consumer reporting agency
described in United States Code, title 15, section 1681a(p); and

(ii) information related to administrative, civil, or criminal findings by a
governmental jurisdiction.

Subd. 5.

Agent for purposes of requesting and distributing criminal
information.

For the purposes of this section and in order to reduce the points of
contact which the Federal Bureau of Investigation may have to maintain for purposes of
subdivision 4, clauses (1) and (2), the commissioner may use the Nationwide Mortgage
Licensing System and Registry as a channeling agent for requesting information from and
distributing information to the Department of Justice or any governmental agency.

Subd. 6.

Agent for purposes of requesting and distributing noncriminal
information.

For the purposes of this section and in order to reduce the points of contact
which the commissioner may have to maintain for purposes of subdivision 4, clause (2)(i)
and (ii), the commissioner may use the Nationwide Mortgage Licensing System and
Registry as a channeling agent for requesting and distributing information to and from any
source so directed by the commissioner.

Sec. 5.

[58A.045] TERM OF LICENSE AND FEES.

Subdivision 1.

Term.

Licenses for mortgage loan originators issued under this
chapter expire on December 31 and are renewable on January 1 of each year after that date.

Subd. 2.

Fees.

The following fees must be paid to the commissioner:

(1) for a mortgage loan originator license, $90; and

(2) for a renewal mortgage loan originator license, $50.

Sec. 6.

[58A.05] ISSUANCE OF LICENSE.

The commissioner shall not issue a mortgage loan originator license unless the
commissioner finds at a minimum, that:

(1) the applicant has never had a mortgage loan originator license revoked in a
governmental jurisdiction, except that a subsequent formal vacation of a revocation shall
not be deemed a revocation;

(2) the applicant has not been convicted of, or pled guilty or nolo contendere to, a
felony in a domestic, foreign, or military court:

(i) during the seven-year period preceding the date of the application for licensing
and registration;

(ii) at any time preceding the date of application, if the felony involved an act of
fraud, dishonesty, or a breach of trust, or money laundering; or

(iii) provided that a pardon of a conviction is not a conviction for purposes of this
clause;

(3) the applicant has demonstrated financial responsibility, character, and general
fitness such as to command the confidence of the community and to warrant a
determination that the mortgage loan originator will operate honestly, fairly, and efficiently
within the purposes of this chapter. For purposes of this chapter, a person has shown that
the person is not financially responsible when the person has shown a disregard in the
management of the person's own financial condition. A determination that an individual
has not shown financial responsibility may include, but is not limited to:

(i) current outstanding judgments, except judgments solely as a result of medical
expenses;

(ii) current outstanding tax liens or other government liens and filings;

(iii) foreclosures within the past three years; and

(iv) a pattern of seriously delinquent accounts within the past three years;

(4) the applicant has completed the prelicensing education requirement described
in section 58A.06;

(5) the applicant has passed a written test that meets the test requirement described
in section 58A.07; and

(6) the applicant has met the surety bond requirement as required under section
58A.13.

Sec. 7.

[58A.06] PRELICENSING AND RELICENSING EDUCATION OF
LOAN ORIGINATORS.

Subdivision 1.

Minimum educational requirements.

In order to meet the
prelicensing education requirement referred to in section 58A.05, clause (4), a person
shall complete at least 20 hours of education approved according to subdivision 2, that
includes at least:

(1) three hours of federal law and regulations;

(2) three hours of ethics, which includes instruction on fraud, consumer protection,
and fair lending issues; and

(3) two hours of training related to lending standards for the nontraditional mortgage
product marketplace.

Subd. 2.

Approved educational courses.

For purposes of subdivision 1,
prelicensing education courses must be reviewed, and approved by the Nationwide
Mortgage Licensing System and Registry based upon reasonable standards. Review
and approval of a prelicensing education course must include review and approval of
the course provider.

Subd. 3.

Approval of employer and affiliate educational courses.

Nothing in
this section precludes a prelicensing education course, as approved by the Nationwide
Mortgage Licensing System and Registry, that is provided by the employer of the applicant
or an entity that is affiliated with the applicant by an agency contract, or any subsidiary or
affiliate of the employer or entity.

Subd. 4.

Venue of education.

Prelicensing education may be offered in a classroom,
online, or by any other means approved by the Nationwide Mortgage Licensing System
and Registry.

Subd. 5.

Reciprocity of education.

The prelicensing education requirements
approved by the Nationwide Mortgage Licensing System and Registry in subdivision
1 for a state must be accepted as credit toward completion of prelicensing education
requirements in Minnesota.

Subd. 6.

Relicensing education requirements.

A person previously licensed under
this chapter after the effective date of this chapter applying to be licensed again must
prove that the person has completed all of the continuing education requirements for
the year in which the license was last held.

Sec. 8.

[58A.07] TESTING OF LOAN ORIGINATORS.

Subdivision 1.

Generally.

In order to meet the written test requirement referred to
in section 58A.05, clause (5), an individual shall pass, in accordance with the standards
established under this section, a qualified written test developed by the Nationwide
Mortgage Licensing System and Registry and administered by a test provider approved
by the Nationwide Mortgage Licensing System and Registry based upon reasonable
standards.

Subd. 2.

Qualified test.

A written test must not be treated as a qualified written
test for purposes of subdivision 1 unless the test adequately measures the applicant's
knowledge and comprehension in appropriate subject areas, including:

(1) ethics;

(2) federal law and regulation pertaining to mortgage origination;

(3) state law and rule pertaining to mortgage origination; and

(4) federal and state law and rule, including instruction on fraud, consumer
protection, the nontraditional mortgage marketplace, and fair lending issues.

Subd. 3.

Testing location.

Northing in this section prohibits a test provider approved
by the Nationwide Mortgage Licensing System and Registry from providing a test at the
location of the employer of the applicant or the location of a subsidiary or affiliate of the
employer of the applicant, or the location of an entity with which the applicant holds an
exclusive arrangement to conduct the business of a mortgage loan originator.

Subd. 4.

Minimum competence.

(a) An individual is not considered to have
passed a qualified written test unless the individual achieves a test score of not less than
75 percent correct answers to questions.

(b) An individual may retake a test three consecutive times with each consecutive
taking occurring at least 30 days after the preceding test.

(c) After failing three consecutive tests, an individual shall wait at least six months
before taking the test again.

(d) A licensed mortgage loan originator who fails to maintain a valid license for a
period of five years or longer shall retake the test, not taking into account any time during
which the individual is a registered mortgage loan originator.

Sec. 9.

[58A.08] STANDARDS FOR LICENSE RENEWAL.

Subdivision 1.

Generally.

The minimum standards for license renewal for a
mortgage loan originator include that the mortgage loan originator:

(1) continues to meet the minimum standards for license issuance under section
58A.05;

(2) has satisfied the annual continuing education requirements described in section
58A.09; and

(3) has paid all required fees for renewal of the license.

Subd. 2.

Failure to satisfy minimum standards of license renewal.

The license of
a mortgage loan originator failing to satisfy the minimum standards for license renewal
expires. The commissioner may adopt procedures for the reinstatement of expired licenses
consistent with the standards established by the Nationwide Mortgage Licensing System
and Registry.

Sec. 10.

[58A.09] CONTINUING EDUCATION FOR MORTGAGE LOAN
ORIGINATORS.

Subdivision 1.

Generally.

In order to meet the annual continuing education
requirements referred to in section 58A.08, subdivision 1, clause (2), a licensed mortgage
loan originator shall complete at least eight hours of education approved according to
subdivision 2 that includes at least:

(1) three hours of federal law and regulations;

(2) two hours of ethics, which includes instruction on fraud, consumer protection,
and fair lending issues; and

(3) two hours of training related to lending standards for the nontraditional mortgage
product marketplace.

Subd. 2.

Approved educational courses.

For purposes of subdivision 1, continuing
education courses must be reviewed and approved by the Nationwide Mortgage Licensing
System and Registry based upon reasonable standards. Review and approval of a
continuing education course must include review and approval of the course provider.

Subd. 3.

Approval of employer and affiliate educational courses.

Nothing in
this section precludes an education course, as approved by the Nationwide Mortgage
Licensing System and Registry, that is provided by the employer of the mortgage loan
originator or an entity that is affiliated with the mortgage loan originator by an agency
contract, or a subsidiary or affiliate of the employer or entity.

Subd. 4.

Venue of education.

Continuing education may be offered either in a
classroom, online, or by other means approved by the Nationwide Mortgage Licensing
System and Registry.

Subd. 5.

Calculation of continuing education credits.

A licensed mortgage loan
originator:

(1) except for subdivision 9 and section 58A.08, subdivision 2, may only receive
credit for a continuing education course in the year in which the course is taken; and

(2) may not take the same approved course in the same or successive years to meet
the annual requirements for continuing education.

Subd. 6.

Instructor credit.

A licensed mortgage loan originator who is an approved
instructor of an approved continuing education course may receive credit for the licensed
mortgage loan originator's own annual continuing education requirement at the rate of
two hours credit for every one hour taught.

Subd. 7.

Reciprocity of education.

A person having successfully completed the
education requirements approved by the Nationwide Mortgage Licensing System and
Registry in subdivision 1 for a state must be accepted as credit toward completion of
continuing education requirements in Minnesota.

Subd. 8.

Lapse in license.

A licensed mortgage loan originator who subsequently
becomes unlicensed must complete the continuing education requirements for the last year
in which the license was held before a new or renewed license is issued.

Subd. 9.

Deficiency.

A person meeting the requirements of section 58A.08,
subdivision 1, clauses (1) and (3), may make up a deficiency in continuing education as
established by rule of the commissioner.

Sec. 11.

[58A.10] AUTHORITY TO REQUIRE LICENSE.

In addition to any other duties imposed upon the commissioner by law, the
commissioner shall require mortgage loan originators to be licensed and registered
through the Nationwide Mortgage Licensing System and Registry. In order to carry out
this requirement, the commissioner may participate in the Nationwide Mortgage Licensing
System and Registry. For this purpose, the commissioner may establish by rule or order
requirements as necessary, including but not limited to:

(1) background checks for:

(i) criminal history through fingerprint or other databases;

(ii) civil or administrative records;

(iii) credit history; or

(iv) other information as determined necessary by the Nationwide Mortgage
Licensing System and Registry;

(2) the payment of fees to apply for or renew licenses through the Nationwide
Mortgage Licensing System and Registry;

(3) the setting or resetting as necessary of renewal or reporting dates; and

(4) requirements for amending or surrendering a license or other activities the
commissioner considers necessary for participation in the Nationwide Mortgage Licensing
System and Registry.

Sec. 12.

[58A.11] NATIONWIDE MORTGAGE LICENSING SYSTEM AND
REGISTRY INFORMATION CHALLENGE PROCESS.

The commissioner shall establish a process that allows mortgage loan originators
to challenge information entered into the Nationwide Mortgage Licensing System and
Registry by the commissioner.

Sec. 13.

[58A.12] ENFORCEMENT AUTHORITIES, VIOLATIONS, AND
PENALTIES.

(a) In order to ensure the effective supervision and enforcement of this chapter, the
commissioner may, pursuant to chapter 14:

(1) deny, suspend, revoke, condition, or decline to renew a license for a violation of
this chapter, rules issued under this chapter, or order or directive entered under this chapter;

(2) deny, suspend, revoke, condition, or decline to renew a license if an applicant
or licensee fails at anytime to meet the requirements of section 58A.05 or 58A.08, or
withholds information or makes a material misstatement in an application for a license
or renewal of a license;

(3) order restitution against persons subject to this chapter for violations of this
chapter;

(4) impose fines on persons subject to this chapter pursuant to paragraphs (b)
to (d); and

(5) issue orders or directives under this chapter as follows:

(i) order or direct persons subject to this chapter to cease and desist from conducting
business, including immediate temporary orders to cease and desist;

(ii) order or direct persons subject to this chapter to cease any harmful activities or
violations of this chapter, including immediate temporary orders to cease and desist;

(iii) enter immediate temporary orders to cease business under a license or interim
license issued pursuant to the authority granted under section 58A.03, subdivision 4, if
the commissioner determines that the license was erroneously granted or the licensee is
currently in violation of this chapter; and

(iv) order or direct other affirmative action the commissioner considers necessary.

(b) The commissioner may impose a civil penalty on a mortgage loan originator or
person subject to this chapter, if the commissioner finds, on the record after notice and
opportunity for hearing, that the mortgage loan originator or person subject to this chapter
has violated or failed to comply with any requirement of this chapter or any rule prescribed
by the commissioner under this chapter or order issued under authority of this chapter.

(c) The maximum amount of penalty for each act or omission described in paragraph
(b) is $25,000.

(d) Each violation or failure to comply with any directive or order of the
commissioner is a separate and distinct violation or failure.

Sec. 14.

[58A.13] SURETY BOND REQUIRED.

Subdivision 1.

Coverage, form, and rules.

(a) Each mortgage loan originator must
be covered by a surety bond meeting the requirements of this section. In the event that
the mortgage loan originator is an employee or exclusive agent of a person subject to this
chapter, the surety bond of the person subject to this chapter can be used in lieu of the
mortgage loan originator's surety bond requirement.

(b) The surety bond shall provide coverage for each mortgage loan originator in
an amount as prescribed in subdivision 2.

(c) The surety bond must be in a form as prescribed by the commissioner.

Subd. 2.

Penal sum of surety bond.

The penal sum of the surety bond must be
maintained in an amount that reflects the dollar amount of loans originated as determined
by the commissioner.

Subd. 3.

Action on bond.

When an action is commenced on a licensee's bond the
commissioner may require the filing of a new bond.

Subd. 4.

New bond.

Immediately upon recovery upon any action on the bond
the licensee shall file a new bond.

Sec. 15.

[58A.14] CONFIDENTIALITY.

Subdivision 1.

Protections.

Except as otherwise provided in Public Law 110-289,
section 1512, the requirements under chapter 13 or any federal law regarding the privacy
or confidentiality of any information or material provided to the Nationwide Mortgage
Licensing System and Registry, and any privilege arising under federal or state law,
including the rules of any federal or state court, with respect to the information or material,
continue to apply to the information or material after the information or material has been
disclosed to the Nationwide Mortgage Licensing System and Registry. The information
and material may be shared with all state and federal regulatory officials with mortgage
industry oversight authority without the loss of privilege or the loss of confidentiality
protections provided by chapter 13 or federal law.

Subd. 2.

Agreements and sharing arrangements.

For purposes of this section,
the commissioner is authorized to enter agreements or sharing arrangements with
other governmental agencies, the Conference of State Bank Supervisors, the American
Association of Residential Mortgage Regulators, or other associations representing
governmental agencies as established by rule or order of the commissioner.

Subd. 3.

Nonapplicability of certain requirements.

Information or material that is
subject to a privilege or confidentiality under subdivision 1 is not subject to:

(1) disclosure under any federal or state law governing the disclosure to the public of
information held by an officer or an agency of the federal government or the respective
state; or

(2) subpoena or discovery, or admission into evidence, in any private civil action
or administrative process, unless with respect to any privilege held by the Nationwide
Mortgage Licensing System and Registry with respect to the information or material,
the person to whom the information or material pertains waives, in whole or in part, in
the discretion of the person, that privilege.

Subd. 4.

Coordination with Minnesota Government Data Practices Act.

Chapter
13 relating to the disclosure of confidential supervisory information or any information or
material described in subdivision 1 that is inconsistent with subdivision 1 is superseded by
the requirements of this section.

Subd. 5.

Public access to information.

This section does not apply with respect to
the information or material relating to the employment history of, and publicly adjudicated
disciplinary and enforcement actions against, mortgage loan originators that are included
in the Nationwide Mortgage Licensing System and Registry for access by the public.

Sec. 16.

[58A.15] INVESTIGATION AND EXAMINATION AUTHORITY.

Subdivision 1.

Generally.

In addition to any authority allowed under this chapter,
the commissioner may conduct investigations and examinations according to subdivisions
2 to 9.

Subd. 2.

Authority to access information.

For purposes of initial licensing, license
renewal, license suspension, license conditioning, license revocation or termination, or
general or specific inquiry or investigation to determine compliance with this chapter, the
commissioner may access, receive and use any books, accounts, records, files, documents,
information or evidence including but not limited to:

(1) criminal, civil, and administrative history information, including nonconviction
data;

(2) personal history and experience information including independent credit reports
obtained from a consumer reporting agency described in United States Code, title 15,
section 1681a(p); and

(3) any other documents, information, or evidence the commissioner considers
relevant to the inquiry or investigation regardless of the location, possession, control, or
custody of the documents, information, or evidence.

Subd. 3.

Investigation, examination, and subpoena authority.

For the purposes
of investigating violations or complaints arising under this chapter, or for the purposes of
examination, the commissioner may review, investigate, or examine a licensee, individual,
or person subject to this chapter, as often as necessary in order to carry out the purposes
of this chapter. The commissioner may direct, subpoena, or order the attendance of and
examine under oath all persons whose testimony may be required about the loans or the
business or subject matter of any such examination or investigation, and may direct,
subpoena, or order such person to produce books, accounts, records, files, and any other
documents the commissioner considers relevant to the inquiry.

Subd. 4.

Availability of books and records.

A licensee, individual, or person
subject to this chapter shall make available to the commissioner upon request the books
and records relating to the operations of the licensee, individual, or person subject to this
chapter. The commissioner shall have access to the books and records and interview
the officers, principals, mortgage loan originators, employees, independent contractors,
agents, and customers of the licensee, individual, or person subject to this chapter
concerning the licensee's, individual's, or person's business.

Subd. 5.

Reports and other information as directed.

A licensee, individual, or
person subject to this chapter shall make or compile reports or prepare other information
as directed by the commissioner in order to carry out the purposes of this section including
but not limited to:

(1) accounting compilations;

(2) information lists and data concerning loan transactions in a format prescribed
by the commissioner; or

(3) other information the commissioner considers necessary to carry out the
purposes of this section.

Subd. 6.

Control access to records.

In making an examination or investigation
authorized by this chapter, the commissioner may control access to documents and records
of the licensee or person under examination or investigation. The commissioner may
take possession of the documents and records or place a person in exclusive charge of
the documents and records in the place where they are usually kept. During the period of
control, no individual or person shall remove or attempt to remove any of the documents
and records except pursuant to a court order or with the consent of the commissioner.
Unless the commissioner has reasonable grounds to believe the documents or records
of the licensee have been, or are at risk of being, altered or destroyed for purposes of
concealing a violation of this chapter, the licensee or owner of the documents and records
has access to the documents or records as necessary to conduct its ordinary business affairs.

Subd. 7.

Additional authority.

In order to carry out the purposes of this section,
the commissioner may:

(1) retain attorneys, accountants, or other professionals and specialists as examiners,
auditors, or investigators to conduct or assist in the conduct of examinations or
investigations;

(2) enter into agreements or relationships with other government officials or
regulatory associations in order to improve efficiencies and reduce regulatory burden
by sharing resources, standardized or uniform methods or procedures, and documents,
records, information, or evidence obtained under this section;

(3) use, hire, contract, or employ public or privately available analytical systems,
methods, or software to examine or investigate the licensee, individual, or person subject
to this chapter;

(4) accept and rely on examination or investigation reports made by other
government officials, within or without this state; or

(5) accept audit reports made by an independent certified public accountant for the
licensee, individual, or person subject to this chapter in the course of that part of the
examination covering the same general subject matter as the audit and incorporate the
audit report in the report of the examination, report of investigation or other writing of
the commissioner.

Subd. 8.

Effect of authority.

The authority of this section remains in effect,
whether a licensee, individual, or person subject to this chapter acts or claims to act under
any licensing or registration law of this state, or claims to act without such authority.

Subd. 9.

Withhold records.

A licensee, individual, or person subject to
investigation or examination under this section shall not knowingly withhold, abstract,
remove, mutilate, destroy, or secrete any books, records, computer records, or other
information.

Sec. 17.

[58A.16] PROHIBITED ACTS AND PRACTICES.

Subdivision 1.

Generally.

It is a violation of this chapter for a person or individual
subject to this chapter to:

(1) directly or indirectly employ any scheme, device, or artifice to defraud or mislead
borrowers or lenders or to defraud any person;

(2) engage in any unfair or deceptive practice toward any person;

(3) obtain property by fraud or misrepresentation;

(4) solicit or enter into a contract with a borrower that provides in substance that the
person or individual subject to this chapter may earn a fee or commission through "best
efforts" to obtain a loan even though no loan is actually obtained for the borrower;

(5) solicit, advertise, or enter into a contract for specific interest rates, points, or
other financing terms unless the terms are actually available at the time of soliciting,
advertising, or contracting;

(6) conduct any business covered by this chapter without holding a valid license as
required under this chapter, or assist or aide and abet any person in the conduct of business
under this chapter without a valid license as required under this chapter;

(7) fail to make disclosures as required by this chapter and any other applicable
state or federal law or regulations;

(8) fail to comply with this chapter or rules adopted under this chapter or fail
to comply with any other state or federal law or regulations applicable to any business
authorized or conducted under this chapter;

(9) make, in any manner, any false or deceptive statement or representation
including, with regard to the rates, points, or other financing terms or conditions for a
residential mortgage loan; or engage in bait-and-switch advertising;

(10) negligently make a false statement or knowingly and willfully make an omission
of material fact in connection with any information or reports filed with a governmental
agency or the Nationwide Mortgage Licensing System and Registry or in connection with
an investigation conducted by the commissioner or another governmental agency;

(11) make a payment, threat, or promise, directly or indirectly, to a person for the
purposes of influencing the independent judgment of the person in connection with a
residential mortgage loan, or make a payment threat or promise, directly or indirectly, to
an appraiser of a property, for the purposes of influencing the independent judgment of the
appraiser with respect to the value of the property;

(12) collect, charge, attempt to collect or charge, or use or propose an agreement
purporting to collect or charge a fee prohibited by this chapter;

(13) cause or require a borrower to obtain property insurance coverage in an amount
that exceeds the replacement cost of the improvements as established by the property
insurer; or

(14) fail to truthfully account for money belonging to a party to a residential
mortgage loan transaction.

Subd. 2.

Loan processor or underwriter activities.

An individual engaging solely
in loan processor or underwriter activities shall not represent to the public, through
advertising or other means of communicating or providing information, including the use
of business cards, stationery, brochures, signs, rate lists, or other promotional items, that
the individual can or will perform any of the activities of a mortgage loan originator.

Sec. 18.

[58A.17] MORTGAGE CALL REPORTS.

A mortgage licensee shall submit to the Nationwide Mortgage Licensing System and
Registry reports of condition, which must be in the form and contain the information the
Nationwide Mortgage Licensing System and Registry requires.

Sec. 19.

[58A.18] REPORT TO NATIONWIDE MORTGAGE LICENSING
SYSTEM AND REGISTRY.

The commissioner shall regularly report violations of this chapter, as well as
enforcement actions and other relevant information, to the Nationwide Mortgage
Licensing System and Registry subject to the provisions contained in section 58A.14.

Sec. 20.

[58A.20] UNIQUE IDENTIFIER SHOWN.

The unique identifier of any person originating a residential mortgage loan shall
be clearly shown on all residential mortgage loan application forms, solicitations, or
advertisements, including business cards or Web sites, and any other documents as
established by rule or order of the commissioner.

Sec. 21.

[58A.22] INCORPORATION BY REFERENCE.

The final rules adopted by the United States Department of Housing and Urban
Development under the Secure and Fair Enforcement for Mortgage Licensing Act of 2008,
and subsequent amendments, are incorporated by reference.

Sec. 22. EFFECTIVE DATE.

This article is effective July 31, 2010.

ARTICLE 5

CONFORMING AND TRANSITIONAL PROVISIONS RELATING TO
MINNESOTA STATUTES, CHAPTER 58

Section 1.

Minnesota Statutes 2008, section 58.04, subdivision 1, is amended to read:


Subdivision 1.

Residential mortgage originator licensing requirements.

(a)
No person shall act as a residential mortgage originator, or make residential mortgage
loans without first obtaining a license from the commissioner according to the licensing
procedures provided in this chapter.

(b) A licensee must be either a partnership, limited liability partnership, association,
limited liability company, corporation, or other form of business organization, and must
have and maintain at all times one of the following: approval as a mortgagee by either the
federal Department of Housing and Urban Development or the Federal National Mortgage
Association; a minimum net worth, net of intangibles, of at least $250,000; or
a surety
bond or irrevocable letter of credit in the amount of $50,000 amounts prescribed under
section 58.08
. Net worth, net of intangibles, must be calculated in accordance with
generally accepted accounting principles.

(c) The following persons are exempt from the residential mortgage originator
licensing requirements:

(1) a person who is not in the business of making residential mortgage loans and who
makes no more than three such loans, with its own funds, during any 12-month period;

(2) a financial institution as defined in section 58.02, subdivision 10;

(3) an agency of the federal government, or of a state or municipal government;

(4) an employee or employer pension plan making loans only to its participants;

(5) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result of
a specific order issued by a court of competent jurisdiction; or

(6) a person exempted by order of the commissioner.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 58.06, subdivision 2, is amended
to read:


Subd. 2.

Application contents.

(a) The application must contain the name and
complete business address or addresses of the license applicant. The license applicant
must be a partnership, limited liability partnership, association, limited liability company,
corporation, or other form of business organization, and the application must contain the
names and complete business addresses of each partner, member, director, and principal
officer. The application must also include a description of the activities of the license
applicant, in the detail and for the periods the commissioner may require.

(b) A residential mortgage originator applicant must submit one of the following:

(1) evidence which shows, to the commissioner's satisfaction, that either the federal
Department of Housing and Urban Development or the Federal National Mortgage
Association has approved the residential mortgage originator applicant as a mortgagee;

(2) a surety bond or irrevocable letter of credit in the amount of not less than
$50,000 in a form approved by the commissioner, issued by an insurance company or bank
authorized to do so in this state. The bond or irrevocable letter of credit must be available
for the recovery of expenses, fines, and fees levied by the commissioner under this chapter
and for losses incurred by borrowers. The bond or letter of credit must be submitted with
the license application, and evidence of continued coverage must be submitted with each
renewal. Any change in the bond or letter of credit must be submitted for approval by the
commissioner within ten days of its execution; or

(3) a copy of the residential mortgage originator applicant's most recent audited
financial statement, including balance sheet, statement of income or loss, statements of
changes in shareholder equity, and statement of changes in financial position. Financial
statements must be as of a date within 12 months of the date of application.
a surety bond
that meets the requirements of section 58.08, subdivision 1a.

(c) The application must also include all of the following:

(1) an affirmation under oath that the applicant:

(i) is in compliance with the requirements of section 58.125;

(ii) will maintain a perpetual roster of individuals employed as residential mortgage
originators, including employees and independent contractors, which includes the dates
that mandatory testing, initial education, and continuing education were completed. In
addition, the roster must be made available to the commissioner on demand, within three
business days of the commissioner's request;

(iii) (ii) will advise the commissioner of any material changes to the information
submitted in the most recent application within ten days of the change;

(iv) (iii) will advise the commissioner in writing immediately of any bankruptcy
petitions filed against or by the applicant or licensee;

(v) (iv) will maintain at all times either a net worth, net of intangibles, of at least
$250,000 or
a surety bond or irrevocable letter of credit in the amount of at least $50,000
$100,000
;

(vi) (v) complies with federal and state tax laws; and

(vii) (vi) complies with sections 345.31 to 345.60, the Minnesota unclaimed
property law;

(2) information as to the mortgage lending, servicing, or brokering experience of the
applicant and persons in control of the applicant;

(3) information as to criminal convictions, excluding traffic violations, of persons in
control of the license applicant;

(4) whether a court of competent jurisdiction has found that the applicant or persons
in control of the applicant have engaged in conduct evidencing gross negligence, fraud,
misrepresentation, or deceit in performing an act for which a license is required under
this chapter;

(5) whether the applicant or persons in control of the applicant have been the subject
of: an order of suspension or revocation, cease and desist order, or injunctive order, or
order barring involvement in an industry or profession issued by this or another state or
federal regulatory agency or by the Secretary of Housing and Urban Development within
the ten-year period immediately preceding submission of the application; and

(6) other information required by the commissioner.

Sec. 3.

Minnesota Statutes 2008, section 58.08, is amended by adding a subdivision to
read:


Subd. 1a.

Residential mortgage originators.

(a) An applicant for a residential
mortgage originator license must file with the department a surety bond in the amount of
$100,000, issued by an insurance company authorized to do so in this state. The bond
must cover all mortgage loan originators who are employees or independent agents of
the applicant. The bond must be available for the recovery of expenses, fines, and fees
levied by the commissioner under this chapter and for losses incurred by borrowers as
a result of a licensee's noncompliance with the requirements of this chapter, sections
325D.43 to 325D.48, and 325F.67 to 325F.69, or breach of contract relating to activities
regulated by this chapter.

(b) The bond must be submitted with the originator's license application and
evidence of continued coverage must be submitted with each renewal. Any change in the
bond must be submitted for approval by the commissioner, within ten days of its execution.
The bond or a substitute bond shall remain in effect during all periods of licensing.

(c) Upon filing of the mortgage call report as required by section 58A.17, a licensee
shall maintain or increase its surety bond to reflect the total dollar amount of the closed
residential mortgage loans originated in this state in the preceding year according to the
table in this paragraph. A licensee may decrease its surety bond according to the table in
this paragraph if the surety bond required is less than the amount of the surety bond on
file with the department.

Dollar Amount of Closed Residential
Mortgage Loans
Surety Bond Required
$0 to $5,000,000
$100,000
$5,000,000.01 to $10,000,000
$125,000
$10,000,000.01 to $25,000,000
$150,000
Over $25,000,000
$200,000

For purposes of this subdivision, "mortgage loan originator" has the meaning given
the term in section 58A.02, subdivision 7.

Sec. 4.

Minnesota Statutes 2008, section 58.09, is amended to read:


58.09 TERM OF LICENSE.

Initial Licenses for residential mortgage originators and residential mortgage
servicers issued under this chapter expire on July 31, 2001, December 31 and are
renewable on August 1, 2001, and on August 1 January 1 of each odd-numbered year
after that date. A new licensee whose license expires less than 12 months from the date
of issuance shall pay a fee equal to one-half the applicable initial license fee set forth in
section 58.10, subdivision 1, clause (1) or (3).

Sec. 5.

Minnesota Statutes 2008, section 58.10, subdivision 1, is amended to read:


Subdivision 1.

Amounts.

The following fees must be paid to the commissioner:

(1) for an initial a residential mortgage originator license, $2,125 $1,000, $50 of
which is credited to the consumer education account in the special revenue fund;

(2) for a renewal license, $1,125 $500, $50 of which is credited to the consumer
education account in the special revenue fund;

(3) for an initial a residential mortgage servicer's license, $1,000 $500;

(4) for a renewal license, $500 $250; and

(5) for a certificate of exemption, $100.

Sec. 6.

Minnesota Statutes 2008, section 58.11, is amended to read:


58.11 LICENSE RENEWAL.

Subdivision 1.

Term.

Licenses are renewable on August 1, 2001, and on August 1
January 1
of each odd-numbered year after that date.

Subd. 2.

Timely renewal.

(a) A person whose application is properly and timely
filed who has not received notice of denial of renewal is considered approved for renewal
and the person may continue to transact business as a residential mortgage originator or
servicer whether or not the renewed license has been received on or before August January
1 of the renewal year. Application for renewal of a license is considered timely filed if
received by the commissioner by, or mailed with proper postage and postmarked by, July
December
15 of the renewal year. An application for renewal is considered properly filed
if made upon forms duly executed and sworn to, accompanied by fees prescribed by this
chapter, and containing any information that the commissioner requires.

(b) A person who fails to make a timely application for renewal of a license and
who has not received the renewal license as of August January 1 of the renewal year is
unlicensed until the renewal license has been issued by the commissioner and is received
by the person.

Subd. 3.

Contents of renewal application.

Application for the renewal of an
existing license must contain the information specified in section 58.06, subdivision 2;
however, only the requested information having changed from the most recent prior
application need be submitted.

Subd. 4.

Cancellation.

A licensee ceasing an activity or activities regulated by this
chapter and desiring to no longer be licensed shall so inform the commissioner in writing
and, at the same time, surrender the license and all other symbols or indicia of licensure.
The licensee shall include a plan for the withdrawal from regulated business, including a
timetable for the disposition of the business.

Sec. 7. RESIDENTIAL MORTGAGE ORIGINATORS AND SERVICERS;
TRANSITIONAL LICENSE FEE AND TERMS.

A residential mortgage originator licensee and a residential mortgage service
licensee operating under a valid license under Minnesota Statutes 2008, chapter 58,
with an expiration date of July 31, 2011, shall pay a prorated renewal fee of $200 for a
residential mortgage originator, and $100 for a residential mortgage servicer. The prorated
license renewal fee must be paid by December 31, 2010, and such payment extends the
license term until December 31, 2011.

Sec. 8. REPEALER.

Minnesota Statutes 2009 Supplement, section 58.126, is repealed.

Sec. 9. EFFECTIVE DATE.

This article is effective July 31, 2010.

ARTICLE 6

COMMERCE

Section 1.

Minnesota Statutes 2008, section 60K.36, subdivision 2, is amended to read:


Subd. 2.

Examination not required.

A resident individual applying for a limited
lines credit insurance, title insurance, travel baggage insurance, mobile telephone
insurance,
or bail bonds license is not required to take a written examination.

Sec. 2.

Minnesota Statutes 2008, section 60K.38, subdivision 1, is amended to read:


Subdivision 1.

Issuance.

(a) Unless denied a license under section 60K.43, a person
who has met the requirements of sections 60K.36 and 60K.37 must be issued an insurance
producer license. An insurance producer may receive qualification for a license in one or
more of the lines of authority in paragraphs (b) and (c).

(b) An individual insurance producer may receive qualification for a license in
one or more of the following major lines:

(1) life insurance: coverage on human lives including benefits of endowment and
annuities, and may include benefits in the event of death or dismemberment by accident
and benefits for disability income;

(2) accident and health or sickness insurance: coverage for sickness, bodily injury,
or accidental death, and may include benefits for disability income;

(3) property insurance: coverage for the direct or consequential loss or damage to
property of every kind;

(4) casualty insurance: coverage against legal liability, including that for death,
injury, or disability, or damage to real or personal property;

(5) variable life and variable annuity products insurance: coverage provided under
variable life insurance contracts and variable annuities; and

(6) personal lines: property and casualty insurance coverage sold to individuals and
families for primarily noncommercial purposes.

(c) An individual insurance producer may receive qualification for a license in
one or more of the following limited lines:

(1) limited line credit insurance;

(2) farm property and liability insurance;

(3) title insurance;

(4) travel baggage insurance; and

(5) mobile telephone insurance; and

(6) (5) bail bonds.

Sec. 3.

[60K.381] SALE OF PORTABLE ELECTRONICS INSURANCE.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the following meanings:

(a) "Customer" means a person who purchases portable electronics or services.

(b) "Covered customer" means a customer who elects coverage under a portable
electronics insurance policy issued to a vendor of portable electronics.

(c) "Portable electronics" means electronic devices that are portable in nature, their
accessories, and services related to the use of the device.

(d)(1) "Portable electronics insurance" means insurance providing coverage for
the repair or replacement of portable electronics, which may cover portable electronics
against any one or more of the following causes of loss: loss, theft, mechanical failure,
malfunction, damage, or other applicable perils.

(2) "Portable electronics insurance" does not include:

(i) a service contract governed by chapter 59B;

(ii) a policy of insurance covering a seller's or a manufacturer's obligations under
a warranty; or