Minnesota Session Laws - 2026 Regular Session

CHAPTER 119--H.F.No. 4591

An act

relating to state government; providing for the operation of legislative organization, government administrative and finance functions, Board of the Arts, Board of Barber Examiners, and Board of Cosmetology Examiners; establishing the Melissa and Mark Hortman Memorial State Park Working Group; establishing fees; requiring a report; appropriating money;

amending Minnesota Statutes 2024, sections 3.195, subdivision 1; 3.888, subdivision 7; 5.08; 16B.97, subdivision 4; 129D.13, subdivision 1; 129D.14, subdivision 3; 138.669; 154.001, subdivision 2; 154.003; 154.01; 154.02, subdivisions 1, 4, by adding subdivisions; 154.05; 154.07, subdivision 1, by adding a subdivision; 154.08; 154.09; 154.11, subdivision 1, by adding a subdivision; 155A.20; 155A.23, subdivisions 4, 5, 8, 9, 10, 18, by adding a subdivision; 155A.25, subdivisions 1a, 3, 5, 7; 155A.27, subdivisions 5a, 10, by adding subdivisions; 155A.271, subdivision 2; 155A.29, subdivision 2; 155A.30, subdivisions 3, 4, 5, 6, 7, 8, 9, 11, 12; 155A.31; 155A.32; 155A.33, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; Minnesota Statutes 2025 Supplement, sections 3.06, subdivision 2; 15A.082, subdivision 3; 43A.23, subdivision 1; Laws 2023, chapter 70, article 20, section 12, as amended; Laws 2026, chapter 92, article 1, sections 3; 20, subdivisions 1, 5, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; repealing Minnesota Statutes 2024, section 155A.275; Laws 2017, First Special Session chapter 4, article 1, section 29; Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500; 2100.5200, subparts 1, 2, 5; 2100.5300; 2100.6000.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1.

Laws 2023, chapter 70, article 20, section 12, as amended by Laws 2023, chapter 75, section 13, and Laws 2024, chapter 127, article 67, section 15, is amended to read:

Sec. 12. COMMISSIONER OF MANAGEMENT AND BUDGET

$

12,932,000

$

deleted text begin 3,412,000 deleted text end new text begin 2,412,000 new text end

(a) Outcomes and evaluation consultation. $450,000 in fiscal year 2024 and $450,000 in fiscal year 2025 are for outcomes and evaluation consultation requirements.

(b) Department of Children, Youth, and Families. $11,931,000 in fiscal year 2024 and deleted text begin $2,066,000 deleted text end new text begin $1,066,000 new text end in fiscal year 2025 are to establish the Department of Children, Youth, and Families. This is a onetime appropriation.

(c) Health care subcabinet. $551,000 in fiscal year 2024 and $664,000 in fiscal year 2025 are to hire an executive director for the health care subcabinet and to provide staffing and administrative support for the health care subcabinet.

(d) Base level adjustment. The general fund base is $1,114,000 in fiscal year 2026 and $1,114,000 in fiscal year 2027.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Laws 2026, chapter 92, article 1, section 20, subdivision 1, is amended to read:

Subdivision 1.

Inspector general.

deleted text begin $1,875,000 deleted text end new text begin $2,139,000 new text end in fiscal year 2027 is appropriated from the general fund to the Office of the Inspector General for purposes of this act. The base for this appropriation is deleted text begin $5,852,000 deleted text end new text begin $6,562,000 new text end in fiscal year 2028 and deleted text begin $5,852,000 deleted text end new text begin $6,562,000 new text end in fiscal year 2029. The commissioner of administration, in consultation with the commissioner of management and budget, may transfer amounts in fiscal year 2027 to the commissioner of administration for office build out, cost of space, office equipment, and other costs directly related to the establishment of the office.

Sec. 3.

Laws 2026, chapter 92, article 1, section 20, subdivision 5, is amended to read:

Subd. 5.

Human services.

deleted text begin $4,918,000 deleted text end new text begin $3,075,000 new text end in fiscal year 2027 is appropriated from the general fund to the commissioner of human services to coordinate with the Office of the Inspector General as required under this act. The base for this appropriation is deleted text begin $5,720,000 deleted text end new text begin $3,591,000 new text end in fiscal year 2028 and deleted text begin $5,720,000 deleted text end new text begin $3,591,000 new text end in fiscal year 2029.

Sec. 4.

Laws 2026, chapter 92, article 1, section 20, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Education. new text end

new text begin $262,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of education for data sharing preparation. The base for this appropriation is $348,000 in fiscal year 2028 and $348,000 in fiscal year 2029. new text end

Sec. 5.

Laws 2026, chapter 92, article 1, section 20, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Minnesota IT Services. new text end

new text begin $561,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of Minnesota Information Technology Services for operations that support data sharing between agencies. The base for this appropriation is $1,272,000 in fiscal year 2028 and $1,272,000 in fiscal year 2029. new text end

Sec. 6.

new text begin APPROPRIATIONS; DEPARTMENT OF ADMINISTRATION. new text end

new text begin (a) $1,825,000 in fiscal year 2026 is appropriated from the general fund to the commissioner of administration for grants to public television stations for operations. Of this amount, $332,000 is for a grant to Pioneer PBS; $450,000 is for a grant to Lakeland PBS; $616,000 is for a grant to KSMQ; $237,000 is for a grant to PBS North; and $190,000 is for a grant to Prairie Public television. new text end

new text begin (b) $100,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of administration for grants to the Association of Minnesota Public Educational Radio Stations to provide resources, software, training, and assistance to help its member stations consolidate resources and expenses. This is a onetime appropriation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

new text begin APPROPRIATION; MELISSA AND MARK HORTMAN MEMORIAL STATE PARK WORKING GROUP. new text end

new text begin $86,000 in fiscal year 2027 is appropriated from the general fund to the Legislative Coordinating Commission for the administrative costs of the Melissa and Mark Hortman Memorial State Park working group in article 2, section 15. This is a onetime appropriation. new text end

ARTICLE 2

STATE GOVERNMENT POLICY

Section 1.

new text begin [3.051] CONTINUING OPERATIONS IN ADVANCE OF LEGISLATIVE ORGANIZATION. new text end

new text begin Subdivision 1. new text end

new text begin House of representatives and senate. new text end

new text begin During the period beginning on the commencement of a new term, and ending at the time that the applicable house has duly organized, the chief clerk of the house of representatives and the secretary of the senate are authorized to direct the following actions and conduct other duties as necessary to maintain the orderly administrative operation of their respective houses: new text end

new text begin (1) the designation of all last elected officers who are not members of the legislature, to serve as acting officers and to perform the duties of those offices until such time as successor officers are elected and qualified; and new text end

new text begin (2) the appointment of all employees employed as of the end of the prior term, to continue their assigned duties; the appointment of any additional employees agreed to by the designated leaders of the two largest incoming caucuses; and the granting of administrative approvals as needed to process employee terminations and leaves. new text end

new text begin Subd. 2. new text end

new text begin Legislative Coordinating Commission. new text end

new text begin The chief clerk of the house and the secretary of the senate, acting jointly, may direct actions necessary to maintain the orderly administrative operation of the Legislative Coordinating Commission until both houses of the legislature have duly organized. new text end

Sec. 2.

Minnesota Statutes 2025 Supplement, section 3.06, subdivision 2, is amended to read:

Subd. 2.

Successors.

new text begin Upon the expiration of a term, the last elected chief clerk of the house of representatives and the last elected secretary of the senate shall continue to exercise the duties of those offices, until a successor is elected and qualified. new text end If an officer of the house of representatives or senate resigns or dies, the duties of the officer shall be performed by a successor as provided in the rules of the officer's house until a successor is elected at a regular or special session.

Sec. 3.

Minnesota Statutes 2024, section 3.195, subdivision 1, is amended to read:

Subdivision 1.

Distribution of reports.

(a) Except as provided in subdivision 4, a report to the legislature required of a department or agency shall be made, unless otherwise specifically required by law, by filing one copy with the Legislative Reference Library, and by making the report available electronically to the Legislative Reference Library. new text begin Except as provided in paragraph (e), new text end the same distribution procedure shall be followed for other reports and publications unless otherwise requested by a legislator or the Legislative Reference Library.

(b) A public entity as defined in section 16C.073 shall not distribute a report or publication to a member or employee of the legislature, except the Legislative Reference Library, unless the entity has determined that the member or employee wants the reports or publications published by that entity or the member or employee has requested the report or publication. This prohibition applies to both mandatory and voluntary reports and publications. A report or publication may be summarized in an executive summary and distributed as the entity chooses. Distribution of a report to legislative committee or commission members during a committee or commission hearing is not prohibited by this section.

(c) A report or publication produced by a public entity may not be sent to both the home address and the office address of a representative or senator unless mailing to both addresses is requested by the representative or senator.

(d) Reports, publications, periodicals, and summaries under this subdivision must be printed in a manner consistent with section 16C.073.

new text begin (e) If a department or agency is required by law to submit a report to one or more members of a legislative committee, the department or agency must submit the report to the members electronically. new text end

Sec. 4.

Minnesota Statutes 2024, section 3.888, subdivision 7, is amended to read:

Subd. 7.

Expiration.

The commission expires December 31, deleted text begin 2028 deleted text end new text begin 2035 new text end .

Sec. 5.

Minnesota Statutes 2024, section 5.08, is amended to read:

5.08 LEGISLATIVE MANUAL.

Subdivision 1.

Preparation.

The secretary of state shall prepare, compile, edit, and distribute for use at each regular legislative session, a convenient manual, properly indexed, and containing: The federal and state constitutions; the acts of Congress relating to the organization of the territory and state; the rules of order and joint rules of the two houses, and lists of their members, committees and employees; the names of all state officials, whether elected or appointed, and of all persons holding office from this state under the national government; the deleted text begin places deleted text end new text begin municipalities new text end where the said several officials reside, and the annual compensation of each; and statistical and other information of the kind heretofore published in the legislative manuals.

Subd. 2.

Distribution.

deleted text begin 10,000 deleted text end new text begin 5,000 new text end copies of the legislative manual shall be printed and distributed as follows:

(1) up to deleted text begin 20 deleted text end new text begin 5 new text end copies shall be available to each member of the legislature on request;

(2) deleted text begin 50 deleted text end new text begin 12 new text end copies to the State Historical Society;

(3) deleted text begin 25 deleted text end new text begin 2 new text end copies to the state university;

(4) deleted text begin 60 deleted text end new text begin 30 new text end copies to the state library;

(5) deleted text begin two copies deleted text end new text begin one copy new text end each to the Library of Congress, the Minnesota veterans homes, the universities, the high schools, academies, seminaries, and colleges of the state, and the public libraries of the state;

(6) one copy each to other state institutions, the elective state officials, the appointed heads of departments, the officers and employees of the legislature, the justices of the supreme court, the judges of the court of appeals and the district court, the senators and representatives in Congress from this state, and the county auditors, recorders, and attorneys; new text begin and new text end

(7) deleted text begin one copy to each school, to be distributed through the superintendent of each school district; and deleted text end

deleted text begin (8) deleted text end the remainder may be disposed of as the secretary of state deems best.

Sec. 6.

Minnesota Statutes 2025 Supplement, section 15A.082, subdivision 3, is amended to read:

Subd. 3.

Submission of recommendations and determination.

(a) By September 1 in each even-numbered year, the Compensation Council shall submit to the speaker of the house and the president of the senate salary recommendations for justices of the supreme court, and judges of the court of appeals and district court. The recommended salaries take effect on July 1 of the next year and July 1 of the subsequent even-numbered year, unless the legislature by law provides otherwise. The salary recommendations take effect if an appropriation of money to pay the recommended salaries is enacted after the recommendations are submitted and before their effective date. Recommendations may be expressly modified or rejected.

(b) By deleted text begin April deleted text end new text begin May new text end 1 in each odd-numbered year, the Compensation Council must prescribe salaries for constitutional officers, and for the agency and metropolitan agency heads identified in section 15A.0815. The prescribed salary for each office must take effect July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval the council determines thereafter, unless the legislature by law provides otherwise. An appropriation by the legislature to fund the relevant office, branch, or agency of an amount sufficient to pay the salaries prescribed by the council constitutes a prescription by law as provided in the Minnesota Constitution, article V, sections 4 and 5.

(c) By deleted text begin April deleted text end new text begin May new text end 1 in each odd-numbered year, the Compensation Council must prescribe daily compensation for voting members of the Direct Care and Treatment executive board. The recommended daily compensation takes effect on July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval the council recommends thereafter, unless the legislature by law provides otherwise.

Sec. 7.

new text begin [16A.402] CASH TRANSACTION ROUNDING. new text end

new text begin Subdivision 1. new text end

new text begin Authorization to round cash transactions. new text end

new text begin (a) Notwithstanding any other provision of law, an agency entering into any transaction with a person that results in a payment or transfer of cash between the parties to the transaction may round the payment in the following manner: new text end

new text begin (1) in any case in which the total transaction amount ends with 1 cent, 2 cents, 6 cents, or 7 cents as the final digit, the amount of cents in the sum shall be rounded down to the nearest amount divisible by 5; new text end

new text begin (2) in any case in which the total transaction amount ends with 3 cents, 4 cents, 8 cents, or 9 cents as the final digit, the amount of cents in the sum shall be rounded up to the nearest amount divisible by 5; and new text end

new text begin (3) notwithstanding clause (1), transactions in which the transaction total is $0.01 or $0.02 shall be rounded up to $0.05. new text end

new text begin (b) A party authorized to engage in a transaction on behalf of an agency may round the payment in the manner directed by the agency consistent with this section. new text end

new text begin (c) This section does not apply to a transaction for which payment is made by electronic fund transfer, check, gift card, money order, credit card, or other similar instrument or method. new text end

new text begin Subd. 2. new text end

new text begin Policy posted. new text end

new text begin An agency that engages in cash transactions must establish a policy for rounding cash transactions consistent with this section and post the policy at each location where cash transactions occur. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

Minnesota Statutes 2024, section 16B.97, subdivision 4, is amended to read:

Subd. 4.

Duties.

(a) The commissioner shall:

(1) create general grants management policies and procedures that are applicable to all executive agencies. new text begin The commissioner's policies and procedures must include a grantee fraud risk rating system with corresponding grants management requirements that are informed by the principles of vendor risk management. new text end The commissioner may approve exceptions to these policies and procedures for particular grant programs. Exceptions shall expire or be renewed after five years. Executive agencies shall retain management of individual grants programs;

(2) provide a central point of contact concerning statewide grants management policies and procedures;

(3) serve as a resource to executive agencies in such areas as training, evaluation, collaboration, and best practices in grants management;

(4) ensure grants management needs are considered in the development, upgrade, and use of statewide administrative systems and leverage existing technology wherever possible;

(5) oversee and approve future professional and technical service contracts and other information technology spending related to executive agency grants management systems and activities;

(6) provide a central point of contact for comments about executive agencies violating statewide grants governance policies and about fraud and waste in grants processes;

(7) forward received comments to the appropriate agency for further action, and may follow up as necessary;

(8) provide a single listing of all available executive agency competitive grant opportunities and resulting grant recipients;

(9) selectively review development and implementation of executive agency grants, policies, and practices; and

(10) selectively review executive agency compliance with best practices.

(b) The commissioner may determine that it is cost-effective for agencies to develop and use shared grants management technology systems. This system would be governed under section 16E.01, subdivision 3, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2028. new text end

Sec. 9.

Minnesota Statutes 2024, section 16B.97, subdivision 4, is amended to read:

Subd. 4.

Duties.

(a) The commissioner shall:

(1) create general grants management policies and procedures that are applicable to all executive agencies. The commissioner may approve exceptions to these policies and procedures for particular grant programs. Exceptions shall expire or be renewed after five years. Executive agencies shall retain management of individual grants programs;

(2) provide a central point of contact concerning statewide grants management policies and procedures;

(3) serve as a resource to executive agencies in such areas as training, evaluation, collaboration, and best practices in grants management;

(4) ensure grants management needs are considered in the development, upgrade, and use of statewide administrative systems and leverage existing technology wherever possible;

(5) oversee and approve future professional and technical service contracts and other information technology spending related to executive agency grants management systems and activities;

(6) provide a central point of contact for comments about executive agencies violating statewide grants governance policies and about fraud and waste in grants processes;

(7) forward received comments to the appropriate agency for further action, and may follow up as necessary;

(8) provide a single listing of all available executive agency competitive grant opportunities and resulting grant recipients;

(9) selectively review development and implementation of executive agency grants, policies, and practices; deleted text begin and deleted text end

(10) selectively review executive agency compliance with best practices deleted text begin . deleted text end new text begin ; and new text end

new text begin (11) provide a standard template summary page for requests for proposals (RFP) that represent key information about the grant opportunity in a clear and accessible format. The template must include information regarding the purpose of the program, applicant eligibility, funding availability and award structure, grant administration requirements, and the application process. The summary page does not replace or supersede any specific requirement in the full RFP. new text end

(b) The commissioner may determine that it is cost-effective for agencies to develop and use shared grants management technology systems. This system would be governed under section 16E.01, subdivision 3, paragraph (b).

Sec. 10.

Minnesota Statutes 2025 Supplement, section 43A.23, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) The commissioner is authorized to request proposals or to negotiate and to enter into contracts with parties which in the judgment of the commissioner are best qualified to provide service to the benefit plans. Contracts entered into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate premium rates and coverage. The commissioner shall consider the cost of the plans, conversion options relating to the contracts, service capabilities, character, financial position, and reputation of the carriers, and any other factors that the commissioner deems appropriate. Each benefit contract must be for a uniform term of at least one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. A carrier licensed under chapter 62A is exempt from the taxes imposed by chapter 297I on premiums paid to it by the state.

(b) All self-insured hospital and medical service products must comply with coverage mandates, data reporting, and consumer protection requirements applicable to the licensed carrier administering the product, had the product been insured, including chapters 62J, 62M, and 62Q. Any self-insured products that limit coverage to a network of providers or provide different levels of coverage between network and nonnetwork providers shall comply with section 62D.123 and geographic access standards for health maintenance organizations adopted by the commissioner of health in rule under chapter 62D.

(c) Notwithstanding paragraph (b), a self-insured hospital and medical product offered under sections 43A.22 to 43A.30 is required to extend dependent coverage to an eligible employee's child to the full extent required under chapters 62A and 62L. Dependent child coverage must, at a minimum, extend to an eligible employee's dependent child to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required in sections 62A.042 and 62A.302.

(d) Beginning January 1, 2010, the health insurance benefit plans offered in the nonrepresented employees compensation plan under section 43A.18, subdivision 2, and the managerial plan under section 43A.18, subdivision 3, deleted text begin must deleted text end new text begin may new text end include an option for a health plan that is compatible with the definition of a high-deductible health plan in section 223 of the United States Internal Revenue Code. new text begin The commissioner must notify the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance within 30 days of electing to eliminate the health plan option authorized under this paragraph. The notification must include the commissioner's rationale for this decision. new text end

Sec. 11.

Minnesota Statutes 2024, section 129D.13, subdivision 1, is amended to read:

Subdivision 1.

Distribution.

The commissioner shall distribute the money provided by sections 129D.11 to 129D.13. Annually the commissioner shall make block grants which shall be distributed in equal amounts to public stations for operational costs. The commissioner shall allocate money appropriated for the purposes of sections 129D.11 to 129D.13 in such a manner that each eligible public station receives a block grant. In addition, the commissioner shall make matching grants to public stations. Matching grants shall be used for operational costs and shall be allocated using the procedure developed for distribution of state money under this section for grants made in fiscal year 1979. No station's matching grant in any fiscal year shall exceed the amount of Minnesota-based contributions received by that station in the previous fiscal year. Grants made pursuant to this subdivision may only be given to those federally licensed stations that deleted text begin are deleted text end new text begin were new text end certified as eligible for community service grants through the Corporation for Public Broadcasting new text begin in 2024 new text end . Grant funds not expended by a station during the first year of the biennium do not cancel and may be carried over into the second fiscal year.

Sec. 12.

Minnesota Statutes 2024, section 129D.14, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

(a) To qualify for a grant under this section, the licensee must:

(1) hold a valid noncommercial radio station license from the FCC that is a Class "A" or "C" FM, as defined in Code of Federal Regulations, title 47, subpart B, sections 73.210 and 73.211 or Class "C" or "D" AM, as defined in Code of Federal Regulations, title 47, subpart A, section 73.21. Stations with a Class "L1" and "LP100" are not eligible for this funding. The station must be licensed to a community in the state of Minnesota and must be operated as a noncommercial educational station;

(2) have facilities adequate to provide local program production and origination;

(3) employ a minimum of deleted text begin two full-time deleted text end new text begin 1-1/2 new text end professional radio staff persons or the equivalent in part-time staff and agree to employ a minimum of deleted text begin two full-time deleted text end new text begin 1-1/2 new text end professional radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant;

(4) maintain a minimum daily broadcasting schedule of (i) the maximum allowed by its Federal Communications Commission license, or (ii) 12 hours a day during the first year of eligibility for state assistance, 15 hours a day during the second year of eligibility and 18 hours a day during the third and following years of eligibility;

(5) broadcast 365 days a year or the maximum number of days allowed by its Federal Communications Commission license with an exception for power outages and natural disasters;

(6) have a daily broadcast schedule devoted primarily to programming that serves ascertained community needs of an educational, informational or cultural nature within its primary signal area; however, a program schedule of a main channel carrier designed to further the principles of one or more particular religious philosophies or including 25 percent or more religious programming on a broadcast day does not meet this criterion, nor does a program schedule of a main channel carrier designed primarily for in-school or professional in-service audiences;

(7) originate significant, locally produced programming designed to serve its community of license;

(8) have a total annual operating income and budget of at least $50,000;

(9) have either a board of directors representing the community or a community advisory board that conducts advisory board meetings that are open to the public;

(10) have a board of directors that: (i) holds the portion of any meeting relating to the management or operation of the radio station open to the public, and (ii) permits any person to attend any meeting of the board without requiring a person, as a condition to attendance at the meeting, to register the person's name or to provide any other information; and

(11) have met the criteria in clauses (1) to (10) for six months before it is eligible for state assistance under this section.

(b) The commissioner shall accept the judgment of Corporation for Public Broadcasting accepted audit when it is available on a station's eligibility for assistance under the criteria of this subdivision. If the station is not qualified for assistance or is qualified for but not receiving funding from the Corporation for Public Broadcasting, an independent audit is required to verify eligibility under paragraph (a), clause (8). If neither is available, the commissioner may accept a written declaration of eligibility signed by an independent auditor, a certified public accountant, or the chief executive officer of the station's parent organization.

Sec. 13.

Minnesota Statutes 2024, section 138.669, is amended to read:

138.669 CONTRACTS FOR HISTORIC SITE MANAGEMENT.

The Minnesota Historical Society may contract deleted text begin with a county, municipality, or a county or local historical society deleted text end for the management and operation of sites in the state historic site network. Notwithstanding section 138.668, the contract may provide for the retention of admission fees received by the management unit and for grants-in-aid to the management unit for use in the site's operation and maintenance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 14.

Laws 2026, chapter 92, article 1, section 3, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective new text begin June 1, 2026, for the Compensation Council to set the salary for the Inspector General beginning new text end January 1, 2027.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 15.

new text begin MELISSA AND MARK HORTMAN MEMORIAL STATE PARK WORKING GROUP. new text end

new text begin Subdivision 1. new text end

new text begin Melissa and Mark Hortman Memorial State Park working group. new text end

new text begin (a) The Melissa and Mark Hortman Memorial State Park working group consists of the following members: new text end

new text begin (1) the governor or the governor's designee; new text end

new text begin (2) the commissioner of administration or the commissioner's designee; new text end

new text begin (3) the commissioner of natural resources or the commissioner's designee; new text end

new text begin (4) the chair of the Capitol Area Architectural and Planning Board or the chair's designee; new text end

new text begin (5) the executive director of the Minnesota Historical Society or the executive director's designee; new text end

new text begin (6) the chairs and ranking minority members of the senate committees with primary jurisdiction over the Department of Administration and Department of Natural Resources or their designees; new text end

new text begin (7) the cochairs of the house of representatives committees with primary jurisdiction over the Department of Administration and Department of Natural Resources or their designees; and new text end

new text begin (8) the mayor of the city of St. Paul or the mayor's designee. new text end

new text begin (b) Appointing authorities must submit their appointments to the executive director of the Legislative Coordinating Commission no later than July 15, 2026. new text end

new text begin Subd. 2. new text end

new text begin Recommendations. new text end

new text begin The working group must make recommendations for the creation of the Melissa and Mark Hortman Memorial State Park within the Capitol Area as defined in Minnesota Statutes, section 15B.02, including: new text end

new text begin (1) identifying the roles and responsibilities of the commissioners of administration and natural resources, the Minnesota Historical Society, and the Capitol Area Architectural and Planning Board related to the administration of the park, including assigning the roles and responsibilities for providing educational programming, interpretive services, planning processes for physical changes, and public engagement activities within the park; and new text end

new text begin (2) funding recommendations for establishing and maintaining the park and related programming. new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin The working group must elect a chair at its first meeting from among its legislative members. new text end

new text begin Subd. 4. new text end

new text begin Administrative support; meetings. new text end

new text begin (a) The Legislative Coordinating Commission must provide administrative support and convene the first meeting by August 15, 2026. new text end

new text begin (b) The working group must meet at regular intervals as often as necessary to develop the recommendations under subdivision 2. new text end

new text begin Subd. 5. new text end

new text begin Per diem; expenses. new text end

new text begin Members of the working group serve without pay, except that legislative members may receive per diem from their respective legislative bodies according to the rules of their respective legislative bodies. All members may be reimbursed for expenses incurred as provided in Minnesota Statutes, section 15.059, subdivision 3. new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By February 1, 2027, the working group must submit a written report containing its recommendations to the chairs and ranking minority members of the house of representatives and senate committees with primary jurisdiction over the Department of Administration and the Department of Natural Resources. The report must include draft legislation, if needed, to implement the recommendations of the working group. The working group expires March 15, 2027, or upon submission of the report required by this subdivision, whichever occurs later. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

ARTICLE 3

BOARD OF BARBER EXAMINERS

Section 1.

Minnesota Statutes 2024, section 154.001, subdivision 2, is amended to read:

Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is established to consist of four barber members and one public member, as defined in section 214.02, appointed by the governor.

(b) The barber members shall be persons who have practiced as registered barbers in this state for at least five years immediately prior to their appointment; shall be graduates from the 12th grade of a high school or have equivalent education, and shall have knowledge of the matters to be taught in registered barber schools, as set forth in section 154.07. deleted text begin One of the barber members shall be a member of, or recommended by, a union of journeymen barbers that has existed at least two years, and one barber member shall be a member of, or recommended by, a professional organization of barbers. deleted text end

Sec. 2.

Minnesota Statutes 2024, section 154.003, is amended to read:

154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board, shall be paid to the board. The board shall deposit the fees in the general fund in the state treasury.

(b) The board shall charge the following fees:

(1) new text begin practical new text end examination deleted text begin and certificate deleted text end , registered barber, deleted text begin $85 deleted text end new text begin $80 new text end ;

deleted text begin (2) retake of written examination, $10; deleted text end

new text begin (2) initial barber registration, $80; new text end

(3) examination and certificate, instructor, $180;

(4) certificate, instructor, $65;

(5) temporary teacher permit, $80;

(6) temporary registered barber, military, $85;

(7) temporary barber instructor, military, $180;

(8) renewal of registration, registered barber, $80;

(9) renewal of registration, instructor, $80;

(10) renewal of temporary teacher permit, $65;

(11) student permit, $45;

(12) renewal of student permit, $25;

(13) initial shop registration, $85;

(14) initial school registration, $1,030;

(15) renewal shop registration, $85;

(16) renewal school registration, $280;

(17) restoration of registered barber registration, $95;

(18) restoration of shop registration, $105;

(19) change of ownership or location, $55;

(20) duplicate registration, $40;

(21) home study course, $75;

(22) letter of registration verification, $25; and

(23) reinspection, $100.

new text begin (c) If the board uses a board-approved examination provider for any portion of the comprehensive registered barber examination and the provider charges a fee, an examinee must pay the fee directly to the provider. A fee charged by a provider under this paragraph is separate from and not included in the fees that an examinee pays to the board. new text end

Sec. 3.

Minnesota Statutes 2024, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(a) The registration of the practice of barbering serves the public health and safety of the people of the state of Minnesota by ensuring that individuals seeking to practice the profession of barbering are appropriately trained in the use of the chemicals, tools, and implements of barbering and demonstrate the skills necessary to conduct barber services in a safe, sanitary, and appropriate environment required for infection control.

(b) No person shall practice, offer to practice, or attempt to practice barbering without a current certificate of registration as a registered barber, issued deleted text begin pursuant to provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end by the Board of Barber Examiners.

(c) A registered barber must only provide barbering services in a registered barber shop or barber school, unless prior authorization is given by the board.

(d) No person shall operate a barber shop unless it is at all times under the direct supervision and management of a registered barber and the owner or operator of the barber shop possesses a current shop registration card, issued to the barber shop establishment address deleted text begin , under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end by the Board of Barber Examiners.

(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering without a current certificate of registration as a registered instructor of barbering or a temporary permit as an instructor of barbering, as provided for the board by rule, issued deleted text begin under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end by the Board of Barber Examiners. Barber instruction must be provided in registered barber schools only.

(f) No person shall operate a barber school unless the owner or operator possesses a current certificate of registration as a barber school, issued deleted text begin under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end by the Board of Barber Examiners.

Sec. 4.

Minnesota Statutes 2024, section 154.02, subdivision 1, is amended to read:

Subdivision 1.

What constitutes barbering.

Any one or any combination of the following practices when done upon the head, face, and neck for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or without payment for the public generally constitutes the practice of barbering within the meaning of deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end : to shave the face or neck new text begin using a straight razor or other tool new text end , trim the beard, clean, condition, cut, color, shape, or straighten the hair of any person of either sex for compensation or other reward received by the person performing such service or any other person; to give facial and scalp massage with oils, creams, lotions, or other preparations either by hand or mechanical appliances; to singe, shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils, clays, or lotions to hair, scalp, face, or neck. new text begin The removal of hair through the process of waxing is not barbering. new text end

Sec. 5.

Minnesota Statutes 2024, section 154.02, subdivision 4, is amended to read:

Subd. 4.

Certificate of registration.

A "certificate of registration" means the certificate issued to an individual, new text begin a new text end barber shop, or new text begin a new text end barber school that is in compliance with deleted text begin the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end .

Sec. 6.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Straight razor. new text end

new text begin A straight razor is a razor with a rigid steel cutting blade or a replaceable blade that is hinged to a case that forms a handle when the razor is open for use. new text end

Sec. 7.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Waxing. new text end

new text begin Waxing is the process of removing hair from a part of the body by applying wax and peeling off the wax. new text end

Sec. 8.

Minnesota Statutes 2024, section 154.05, is amended to read:

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED BARBER.

deleted text begin (a) deleted text end A person is qualified to receive a certificate of registration as a registered barber if the person:

(1) deleted text begin has successfully completed ten grades of education deleted text end new text begin is at least 17 years of age new text end ;

(2) has successfully completed 1,500 hours of study new text begin of which 281 hours are classroom hours and 1,219 hours are practical hours new text end in a board-approved barber school; and

(3) has passed deleted text begin an deleted text end new text begin a comprehensive new text end examination deleted text begin conducted by the board deleted text end new text begin in accordance with section 154.09 new text end to determine new text begin the person's new text end fitness to practice barbering.

deleted text begin (b) A first-time applicant for a certificate of registration to practice as a registered barber who fails to pass the comprehensive examination conducted by the board and who fails to pass a onetime retake of the written examination, shall complete an additional 500 hours of barber education before being eligible to retake the comprehensive examination as many times as necessary to pass. deleted text end

Sec. 9.

Minnesota Statutes 2024, section 154.07, subdivision 1, is amended to read:

Subdivision 1.

Admission requirements; course of instruction.

No barber school shall be approved by the board unless deleted text begin it deleted text end new text begin the barber school new text end requires, deleted text begin as a prerequisite to admission, ten grades of an approved school or its equivalent, as determined by educational transcript, high school diploma, high school equivalency certificate, or an examination conducted by the commissioner of education, which shall issue a certificate that the student has passed the required examination, and unless it requires, deleted text end as a prerequisite to graduation, a course of instruction of at least 1,500 hours of not more than ten hours of schooling in any one working day. The course of instruction must include the following subjects: scientific fundamentals for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of the head, face, and neck; elementary chemistry relating to sanitation; disinfection; sterilization and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting and dyeing the hair; and the chemical waving and straightening of hair.

Sec. 10.

Minnesota Statutes 2024, section 154.07, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Application review process. new text end

new text begin (a) Upon receipt of an application to establish a barber school, the board must consider the application during a meeting that is open to the public. At the meeting, the applicant must demonstrate that: new text end

new text begin (1) the contents of the application are true, as required by this chapter and the rules of the board; and new text end

new text begin (2) the applicant has sufficient financial resources to fund the barber school. new text end

new text begin (b) The board may deny an application if the board determines that the applicant's financial resources would be insufficient to: new text end

new text begin (1) maintain and operate a barber school; and new text end

new text begin (2) ensure that the barber school would be open long enough for all registered students to graduate from the barber school. new text end

Sec. 11.

Minnesota Statutes 2024, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

Each applicant for an examination shall:

(1) make new text begin an new text end application to the Board of Barber Examiners new text begin or a board-approved examination provider new text end on blank forms prepared and furnished by deleted text begin it, the application to deleted text end new text begin the board or the board-approved provider. The application must new text end contain proof under the applicant's oath of the particular qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee; deleted text begin and deleted text end

(4) upon acceptance of the notarized application new text begin , new text end present a corresponding government-issued photo identification when the applicant appears for new text begin the new text end examination deleted text begin . deleted text end new text begin ; and new text end

new text begin (5) file an application with the board no later than the 20th day of the month preceding the month when the practical portion of the exam is administered. new text end

Sec. 12.

Minnesota Statutes 2024, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

new text begin Subdivision 1. new text end

new text begin Examination dates. new text end

The board new text begin or a board-approved examination provider new text end shall conduct new text begin practical new text end examinations of applicants for certificates of registration to practice as registered barbers not more than deleted text begin six deleted text end new text begin eight new text end times each year, at such time and place as the board may determine. deleted text begin Additional deleted text end Written examinations may be scheduled deleted text begin by the board deleted text end and conducted by board staff new text begin or a board-approved provider new text end as designated by the board.

new text begin Subd. 2. new text end

new text begin Documentation required. new text end

The deleted text begin proprietor deleted text end new text begin owner or operator new text end of a barber school must file an affidavit with the board of hours completed by students applying to take the deleted text begin registered barber deleted text end new text begin comprehensive new text end examination. Students must complete the full 1,500-hour curriculum in a barber school approved by the board deleted text begin within the past four years deleted text end to be eligible for new text begin the new text end examination. deleted text begin Barber students who have completed barber school more than four years prior to application, that have not obtained a barber registration, license, or certificate in any jurisdiction must complete an additional 500 hours of barber school education to be eligible for the registered barber examination. deleted text end

new text begin Subd. 3. new text end

new text begin Examinations for registration restoration. new text end

deleted text begin Registered barbers that fail deleted text end new text begin An individual who fails new text end to renew deleted text begin their deleted text end new text begin the individual's barber new text end registration for four or more years deleted text begin are deleted text end new text begin is new text end required to new text begin purchase and complete the Home Study Course for Barbers program that was prepared and approved by the board before the individual is eligible to apply to new text end take the deleted text begin registered barber deleted text end new text begin comprehensive new text end examination to reinstate the new text begin individual's new text end registration.

new text begin Subd. 4. new text end

new text begin Examinations for individuals seeking reciprocity. new text end

new text begin An individual who must pass the comprehensive examination under section 154.11 must purchase and complete the "Home Study Course for Barbers" program that was prepared and approved by the board before the individual is eligible to take the comprehensive examination. new text end

new text begin Subd. 5. new text end

new text begin Contents of examination. new text end

The new text begin comprehensive new text end examination deleted text begin of applicants for certificates of registration as barbers shall deleted text end new text begin must new text end include new text begin : new text end

new text begin (1) new text end a practical deleted text begin demonstration deleted text end new text begin portion that consists of a haircut and three of the following practical services that the board shall determine: a shave, a beard trim, a shampoo, a perm wrap, a facial, or a color application; new text end and

new text begin (2) new text end a written deleted text begin test. The examination must cover deleted text end new text begin portion that covers new text end the subjects taught in barber schools deleted text begin registered with the board, including deleted text end new text begin as required by this chapter, new text end applicable state deleted text begin statute deleted text end new text begin statutes, new text end and deleted text begin rule deleted text end new text begin rules new text end .

new text begin Subd. 6. new text end

new text begin Examination grading. new text end

new text begin The comprehensive examination must be graded as follows: new text end

new text begin (1) the grading for the practical portion of the examination must be on a scale of one to 100, with 100 representing a perfect score. A score of 75 must be the minimum passing grade for the haircut portion, and 75 must be the minimum passing score for the average of the remaining parts of the practical examination; and new text end

new text begin (2) the minimum passing score for the written portion of the examination is 75 percent. new text end

new text begin Subd. 7. new text end

new text begin Failure of examination. new text end

new text begin (a) An individual who does not pass one portion of the comprehensive examination within a year of passing the other portion of the comprehensive examination must retake the entire comprehensive examination. new text end

new text begin (b) An individual who has failed a portion of the comprehensive examination may retake that portion of the examination within a year of passing the other portion after meeting the requirements of this chapter, paying any required fees, and making an application to the board as required by section 154.08. new text end

Sec. 13.

Minnesota Statutes 2024, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

(a) A person who meets all of the requirements for barber registration in deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end and either has a currently active license, certificate of registration, or equivalent as a practicing barber or instructor of barbering as verified from another state or, if presenting foreign country credentials as verified by a board-approved professional credential evaluation provider, which in the discretion of the board has substantially the same requirements for registering barbers and instructors of barbering as required deleted text begin by sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin in this chapter new text end shall, upon payment of the required fee, be issued a certificate of registration without examination.

(b) Individuals without a current documented license, certificate of registration, or equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber education as verified by the barber school attended in the other state or if presenting foreign country education as verified by a board-approved professional credential evaluation provider, completed within the previous four years, which, in the discretion of the board, has substantially the same requirements as required in deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 deleted text end new text begin this chapter new text end will be eligible for examination.

(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject to all the requirements of section 154.05.

Sec. 14.

Minnesota Statutes 2024, section 154.11, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Examination of cosmetologists. new text end

new text begin (a) A person may be credited with up to 1,000 hours of study toward the 1,500 hours of study required under section 154.05 if the person: new text end

new text begin (1) has hours of study that the board determines are substantially similar to the requirements in section 154.07; new text end

new text begin (2) has a currently active license verified by the issuing state or a certificate of registration verified by the issuing state, or equivalent, as a practicing cosmetologist; or new text end

new text begin (3) has credentials as a practicing cosmetologist from a foreign country that are verified by a board-approved professional credential evaluation provider and the board has determined that the foreign country's curriculum requirements are substantially similar to the requirements in section 154.07. new text end

new text begin (b) After a person with credited hours under paragraph (a) completes the remaining required hours in a board-approved barber school and meets the requirements of section 154.05, clause (1), the person is eligible for the comprehensive examination. new text end

Sec. 15.

new text begin REPEALER. new text end

new text begin Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500; 2100.5200, subparts 1, 2, and 5; 2100.5300; and 2100.6000, new text end new text begin are repealed. new text end

ARTICLE 4

BOARD OF COSMETOLOGIST EXAMINERS

Section 1.

Minnesota Statutes 2024, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of seven members, appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in the state and one of whom is teaching at a private cosmetology school in the state;

(3) one new text begin advanced practice new text end esthetician;

(4) one nail technician; and

(5) one public member, as defined in section 214.02.

(b) All cosmetologist, new text begin advanced practice new text end esthetician, and nail technician members must be currently licensed in the field of cosmetology, nail technology, or deleted text begin esthetology, deleted text end new text begin advanced practice esthiology new text end in Minnesota deleted text begin , deleted text end new text begin ; new text end have practiced in the licensed occupation for at least five years immediately prior to their appointment deleted text begin , be graduates from grade 12 of high school or have equivalent education, deleted text end new text begin ; new text end and have knowledge of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and 2110.

(c) Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements deleted text begin shall deleted text end new text begin must new text end be as provided in sections 214.07 to 214.09. The provision of staff, administrative services, and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations deleted text begin shall deleted text end new text begin must new text end be as provided in chapter 214.

(d) Members appointed to fill vacancies caused by death, resignation, or removal deleted text begin shall deleted text end new text begin must new text end serve during the unexpired term of their predecessors.

Sec. 2.

Minnesota Statutes 2024, section 155A.23, subdivision 4, is amended to read:

Subd. 4.

Cosmetologist.

A "cosmetologist" is any person who, for compensation, performs deleted text begin the deleted text end personal services deleted text begin , as defined in subdivision 3 deleted text end new text begin for the cosmetic care of the hair, nails, and stratum corneum of the epidermal layer of the skin surface new text end .

Sec. 3.

Minnesota Statutes 2024, section 155A.23, subdivision 5, is amended to read:

Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs personal services for the cosmetic care of the new text begin stratum corneum of the epidermal layer of the new text end skin new text begin surface new text end only.

Sec. 4.

Minnesota Statutes 2024, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician, advanced practice esthetician, hair technician, nail technician deleted text begin practitioner deleted text end , or eyelash technician, and who has a manager license and provides any services under that license, as defined in subdivision 3.

Sec. 5.

Minnesota Statutes 2024, section 155A.23, subdivision 9, is amended to read:

Subd. 9.

Salon.

A "salon" is an new text begin indoor new text end area, room, or rooms employed to offer personal services, as defined in subdivision 3. deleted text begin "Salon" deleted text end new text begin Salon new text end does not include the home of a customer but the board may adopt health and infection control rules governing practice in the homes of customers.

Sec. 6.

Minnesota Statutes 2024, section 155A.23, subdivision 10, is amended to read:

Subd. 10.

School.

A "school" is a place where deleted text begin any person operates and maintains a class to teach deleted text end cosmetology new text begin instruction or training is offered new text end to the public for compensation. deleted text begin "School" deleted text end new text begin School new text end does not include a place deleted text begin where the only teaching of cosmetology is done by a licensed cosmetologist as part of a community education program of less than ten hours duration, provided that the program does not permit practice on persons other than students in the program, and provided that the program is intended solely for the self-improvement of the students deleted text end new text begin that only offers continuing education according to this chapter, additional instruction or training to licensees on services within the licensee's scope of practice, or community education programs for personal enrichment new text end and not as preparation for professional practice.

Sec. 7.

Minnesota Statutes 2024, section 155A.23, is amended by adding a subdivision to read:

new text begin Subd. 10a. new text end

new text begin School administrator. new text end

new text begin "School administrator" means the proprietor, if the applicant is a proprietorship; the managing partner, if the applicant is a partnership; the authorized officers, if the applicant is a corporation, association, company, firm, society, or trust; or the dean, principal, or other authorized signatory, if the applicant is a school in the Minnesota State Colleges and Universities system or a secondary school. new text end

Sec. 8.

Minnesota Statutes 2024, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed as an operator or manager in the practice of cosmetology, esthiology, new text begin advanced practice esthiology, new text end hair technology services, nail technology services, or eyelash technology services.

Sec. 9.

Minnesota Statutes 2024, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner new text begin or instructor new text end found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355, subdivision 2, $500;

deleted text begin (9) performing nail or cosmetology services in esthetician salon, or performing esthetician or cosmetology services in a nail salon, $500; deleted text end

deleted text begin (10) owner and manager allowing an operator to work as an independent contractor, $200; deleted text end

deleted text begin (11) operator working as an independent contractor, $100; deleted text end

deleted text begin (12) deleted text end new text begin (9) new text end refusal or failure to cooperate with an inspection, $500;

deleted text begin (13) deleted text end new text begin (10) new text end practitioner late renewal fee, $45; and

deleted text begin (14) deleted text end new text begin (11) new text end salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

deleted text begin (5) special event permit, $75 per year; deleted text end

deleted text begin (6) $100 deleted text end new text begin (5) no fee new text end for deleted text begin each deleted text end new text begin a new text end temporary military license for a cosmetologist, nail technician, esthetician, deleted text begin or deleted text end advanced practice esthetician deleted text begin one-year fee deleted text end new text begin , or eyelash technician new text end ;

deleted text begin (7) deleted text end new text begin (6) new text end expedited initial individual license, $150;

deleted text begin (8) deleted text end new text begin (7) new text end expedited initial salon license, $300;

deleted text begin (9) deleted text end new text begin (8) new text end instructor continuing education provider approval, $150 each year; and

deleted text begin (10) deleted text end new text begin (9) new text end practitioner continuing education provider approval, $150 each year.

Sec. 10.

Minnesota Statutes 2024, section 155A.25, subdivision 3, is amended to read:

Subd. 3.

Other licenses.

A licensee who applies for licensing in a second category deleted text begin shall deleted text end new text begin must new text end pay the full license fee and application fee for the second category of license. new text begin If maintaining more than one license, a licensee must pay the renewal and application fee for each license except as provided in section 155A.27, subdivision 6a. new text end

Sec. 11.

Minnesota Statutes 2024, section 155A.25, subdivision 5, is amended to read:

Subd. 5.

Board must approve or deny application; timeline.

Within 15 working days of receiving a complete application and the required fees new text begin , if any, new text end to apply for or renew an individual or salon license that is not an expedited license or a military license, the board must (1) issue the license, (2) deny the license and notify the applicant of the denial, or (3) if the conditions in subdivision 6 are met, notify the applicant that the board must conduct additional review.

Sec. 12.

Minnesota Statutes 2024, section 155A.25, subdivision 7, is amended to read:

Subd. 7.

Temporary military license or expedited license.

Within five business days of receiving a completed application and the required fees new text begin , if any, new text end for an individual or salon license that meets requirements for an expedited license or a temporary military license, the board must: (1) issue the license; (2) deny the license and notify the applicant of the denial; or (3) notify the applicant that the board must conduct additional review if the application meets the conditions in subdivision 8.

Sec. 13.

Minnesota Statutes 2024, section 155A.27, subdivision 5a, is amended to read:

Subd. 5a.

Temporary military license.

The board deleted text begin shall deleted text end new text begin must new text end establish temporary licenses for a cosmetologist, new text begin a new text end hair technician, new text begin a new text end nail technician, new text begin an eyelash technician, an esthetician, new text end and new text begin an advanced practice new text end esthetician in accordance with section 197.4552 new text begin , subdivision 2 new text end . new text begin A temporary license issued under section 197.4552, subdivision 2, is valid for a three-year licensing period. The board must only issue one temporary license per applicant. new text end

Sec. 14.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin Instructor license renewal. new text end

new text begin (a) When issuing an instructor license to an individual who holds an operator or a salon manager license in the same classification, the board must extend the expiration date of the operator or salon manager license so that both licenses in the same classification expire on the same date. new text end

new text begin (b) When an individual simultaneously renews an instructor license and an operator or a salon manager license in the same classification, the board must charge the individual only the instructor renewal license and renewal application fee according to section 155A.25, subdivision 1a, paragraph (b), clause (3), and must not charge a fee for renewing the operator or salon manager license. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2028. new text end

Sec. 15.

Minnesota Statutes 2024, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, new text begin a new text end hair technician new text begin , an advanced practice esthetician new text end , new text begin a new text end nail technician, new text begin an new text end esthetician new text begin , or an eyelash technician new text end may be licensed in Minnesota if the individual has completed cosmetology school in a state or country with the same or greater school hour requirements, has an active license in that state or country, deleted text begin and deleted text end has passed a board-approved theory and practice-based examination, new text begin and has passed new text end the Minnesota-specific written operator examination deleted text begin for cosmetologist, hair technician, nail technician, esthetician deleted text end . If a test is used to verify the qualifications deleted text begin of trained cosmetologists deleted text end , the test deleted text begin should deleted text end new text begin must new text end be translated into the nonresident's native language within the limits of available resources. Licenses deleted text begin shall deleted text end new text begin must new text end not be issued under this subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual must have had a current active license in another state or country for at least three years and have passed a board-approved theory and practice-based examination deleted text begin , deleted text end and the Minnesota-specific written operator examination deleted text begin for cosmetologist, hair technician, nail technician, esthetician deleted text end . If a test is used to verify the qualifications deleted text begin of trained cosmetologists deleted text end , the test deleted text begin should deleted text end new text begin must new text end be translated into the nonresident's native language within the limits of available resources. Licenses must not be issued under this subdivision for managers or instructors.

(c) Applicants claiming training and experience in a foreign country deleted text begin shall deleted text end new text begin must new text end supply official English-language translations of all required documents from a board-approved source.

Sec. 16.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Reciprocity for barbers. new text end

new text begin A person who is a registered barber under chapter 154 may be granted credit up to 500 hours, as determined by a Minnesota-licensed cosmetology school, toward the required hours of study for a license in cosmetology or hair technology if the person: new text end

new text begin (1) provides the cosmetology school with a verification of registration issued from the Minnesota Board of Barber Examiners verifying that the person has an active Minnesota barber registration; and new text end

new text begin (2) holds an active Minnesota barber registration at the time that the person applies for a license in cosmetology or hair technology. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027. new text end

Sec. 17.

Minnesota Statutes 2024, section 155A.271, subdivision 2, is amended to read:

Subd. 2.

Continuing education providers.

(a) Only a board-licensed school of cosmetology, a postsecondary institution as deleted text begin defined deleted text end new text begin described new text end in section 136A.103, new text begin subdivision 1, new text end paragraph (a), or a board-recognized professional association organized under chapter 317A may be approved by the board to offer continuing education for credit under subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may be offered by a:

(1) board-licensed school of cosmetology;

(2) board-recognized professional association organized under chapter 317A; or

(3) board-licensed salon.

An approved school or professional association may offer web-based continuing education instruction to achieve maximum involvement of licensees. Continuing education providers are encouraged to offer classes available in foreign language formats.

(b) Board approval of any continuing education provider is valid for one calendar year and is contingent upon submission and preapproval of the lesson plan or plans with learning objectives for the class to be offered and the payment of the application fee in section 155A.25, subdivision 1a, paragraph (d), clause deleted text begin (10) deleted text end new text begin (9) new text end . The board deleted text begin shall deleted text end new text begin must new text end maintain a list of approved providers and courses on the board's website. The board may revoke authorization of a continuing education provider at any time for just cause and the board may demand return of documents required under subdivision 3.

Sec. 18.

Minnesota Statutes 2024, section 155A.29, subdivision 2, is amended to read:

Subd. 2.

Requirements.

The conditions and process by which a salon is licensed deleted text begin shall deleted text end new text begin must new text end be established by the board by rule. In addition to those requirements, deleted text begin no deleted text end new text begin a new text end license deleted text begin shall deleted text end new text begin must not new text end be issued unless the board first determines that the conditions in clauses (1) to (4) have been satisfied:

(1) compliance with all local and state laws, particularly relating to matters of infection control, health, and safety;

(2) the deleted text begin employment deleted text end new text begin appointment new text end of a manager, as defined in section 155A.23, subdivision 8;

(3) if applicable, evidence of compliance with workers' compensation section 176.182; and

(4) evidence of continued professional liability insurance coverage of at least $25,000 for each claim and $50,000 total coverage for each policy year for each deleted text begin operator deleted text end new text begin practitioner new text end .

Sec. 19.

Minnesota Statutes 2024, section 155A.30, subdivision 3, is amended to read:

Subd. 3.

Applications.

Application for a license deleted text begin shall deleted text end new text begin must new text end be prepared on forms furnished by the board and deleted text begin shall deleted text end new text begin must new text end contain the following and such other information as may be required:

(1) the name of the school, together with ownership and controlling officers, members, and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom deleted text begin shall deleted text end new text begin must new text end be licensed as provided in section 155A.27, subdivision 2, except that any school may use occasional instructors or lecturers who would add to the general or specialized knowledge of the students but who need not be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient financial worth and responsibility to properly conduct a school and to assure financial resources ample to meet the school's financial obligations;

(8) other financial guarantees deleted text begin which deleted text end new text begin that new text end would assure protection of the public as determined by rule; and

(9) a copy of all written deleted text begin material which deleted text end new text begin materials that new text end the school uses deleted text begin to solicit prospective students, including but not limited to a tuition and fee schedule, and all catalogues, brochures and other recruitment advertisements. Each school shall annually, on a date determined by the board, file with the board any new or amended materials which it has distributed during the past year deleted text end new text begin for prospective student enrollment, including the enrollment contract, the student handbook, and tuition and fee information new text end .

Sec. 20.

Minnesota Statutes 2024, section 155A.30, subdivision 4, is amended to read:

Subd. 4.

Verification of application.

Each application deleted text begin shall deleted text end new text begin must new text end be signed and certified to under oath by deleted text begin the proprietor if the applicant is a proprietorship, by the managing partner if the applicant is a partnership, or by the authorized officers of the applicant if the applicant is a corporation, association, company, firm, society or trust deleted text end new text begin a school administrator as defined in section 155A.23, subdivision 10a new text end .

Sec. 21.

Minnesota Statutes 2024, section 155A.30, subdivision 5, is amended to read:

Subd. 5.

Conditions precedent to issuance.

A license must not be issued unless the board first determines that the applicant has met the requirements in clauses (1) to (9):

(1) the applicant must have a sound financial condition with sufficient resources available to meet the school's financial obligations; to refund all tuition and other charges, within a reasonable period of time, in the event of dissolution of the school or in the event of any justifiable claims for refund against the school; to provide adequate service to its students and prospective students; and to maintain proper use and support of the school;

(2) the applicant must have satisfactory training facilities with sufficient tools and equipment and the necessary number of work stations to adequately train the students currently enrolled, and those proposed to be enrolled;

(3) the applicant must employ a sufficient number of qualified instructors trained by experience and education to give the training contemplated;

(4) the premises and conditions under which the students work and study must be sanitary, healthful, and safe according to modern standards;

(5) each occupational course or program of instruction or study must be of such quality and content as to provide education and training that will adequately prepare enrolled students for testing, licensing, and entry level positions;

(6) the school must have coverage by professional liability insurance of at least $25,000 per incident and an accumulation of $150,000 for each premium year;

(7) the applicant deleted text begin shall deleted text end new text begin must new text end provide evidence of the school's compliance with section 176.182;

(8) the applicant, except the state and its political subdivisions as described in section 13.02, subdivision 11, must file with the board a continuous corporate surety bond in the amount of no less than ten percent of the preceding year's gross income from student tuition, fees, and other required institutional charges, but in no event less than $10,000, conditioned upon the faithful performance of all contracts and agreements with students made by the applicant. New schools must base the bond amount on the anticipated gross income from student tuition, fees, and other required institutional charges for the third year of operation, but in no event less than $10,000. The applicant must compute the amount of the surety bond and verify that the amount of the surety bond complies with this subdivision. The bond deleted text begin shall deleted text end new text begin must new text end run to the board and to any person who may have a cause of action against the applicant arising at any time after the bond is filed and before it is canceled for breach of any contract or agreement made by the applicant with any student. The surety of the bond may cancel it upon giving 60 days' notice in writing to the board and deleted text begin shall deleted text end new text begin must new text end be relieved of liability for any breach of condition occurring after the effective date of cancellation; and

(9) the applicant must appoint a designated school manager.

Sec. 22.

Minnesota Statutes 2024, section 155A.30, subdivision 6, is amended to read:

Subd. 6.

Fees; renewals.

(a) Applications for initial license under sections 155A.21 to 155A.36 deleted text begin shall deleted text end new text begin must new text end be accompanied by a nonrefundable application fee set forth in section 155A.25.

(b) License duration deleted text begin shall deleted text end new text begin must new text end be three years. Each renewal application deleted text begin shall deleted text end new text begin must new text end be accompanied by a nonrefundable renewal fee set forth in section 155A.25.

(c) Application for renewal of license deleted text begin shall deleted text end new text begin must new text end be made as provided in rules adopted by the board and on forms supplied by the board.

Sec. 23.

Minnesota Statutes 2024, section 155A.30, subdivision 7, is amended to read:

Subd. 7.

Inspections.

All schools may be inspected as often as the board considers necessary to affirm compliance. The board deleted text begin shall have deleted text end new text begin has new text end the authority to assess the cost of the inspection to the school.

Sec. 24.

Minnesota Statutes 2024, section 155A.30, subdivision 8, is amended to read:

Subd. 8.

List of licensed schools; availability.

The board deleted text begin shall deleted text end new text begin must new text end maintain and make available to the public a list of licensed schools.

Sec. 25.

Minnesota Statutes 2024, section 155A.30, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Separation of deleted text end School and deleted text begin professional departments deleted text end new text begin salon separation new text end .

A school deleted text begin shall deleted text end new text begin must new text end display in the entrance reception room of deleted text begin its deleted text end new text begin the school's new text end student section a sign prominently and conspicuously indicating that all work therein is deleted text begin done deleted text end new text begin performed new text end exclusively by students. deleted text begin Professional departments of a school shall be run deleted text end new text begin Any salon or business on the same premises as a school must be operated new text end as new text begin an new text end entirely separate and distinct deleted text begin businesses deleted text end new text begin business new text end and deleted text begin shall deleted text end new text begin must new text end have new text begin a new text end separate deleted text begin entrances deleted text end deleted text begin . deleted text end new text begin entrance from the school. If a salon or business is located on the same premises as a school: (1) staff of the salon or business must not provide services or training in the space used by the school; and (2) staff and students of the school must not provide services or training in the space used by the salon or business. new text end

Nothing contained in sections 155A.21 to 155A.36 deleted text begin shall prevent deleted text end new text begin prevents new text end a school from charging for student work done in the school to cover the cost of materials used and expenses incurred in and for the operation of the school. All of the student work deleted text begin shall deleted text end new text begin must new text end be prominently and conspicuously advertised and held forth as being student work and not otherwise.

Sec. 26.

Minnesota Statutes 2024, section 155A.30, subdivision 11, is amended to read:

Subd. 11.

Instruction requirements.

(a) Instruction may be offered for no more than ten hours per day per student.

(b) Instruction must be given within a licensed school building new text begin except as provided in paragraphs (c) and (d) new text end . deleted text begin Online instruction is permitted for board-approved theory-based classes. deleted text end

new text begin (c) A school may offer online instruction for theory-based portions of training. A school must not give new text end practice-based deleted text begin classes must not be given deleted text end new text begin training new text end online.

new text begin (d) A school may offer activities related to the training for industry educational purposes outside of a school building when accompanied by an instructor for a maximum of one percent of the total training hours for a course. new text end

Sec. 27.

Minnesota Statutes 2024, section 155A.30, subdivision 12, is amended to read:

Subd. 12.

Minnesota state authorization.

A cosmetology school licensed or applying for licensure under this section deleted text begin shall deleted text end new text begin must new text end maintain recognition as an institution of postsecondary study by meeting the following conditions, in addition to Minnesota Rules, part 2110.0310:

(1) the school must admit as regular students only those individuals who have a high school diploma or a diploma based on passing commissioner of education-selected high school equivalency tests or their equivalent, or who are beyond the age of compulsory education as prescribed by section 120A.22; and

(2) the school must be licensed by name and authorized by the Office of Higher Education and the board to offer one or more training programs beyond the secondary level.

Sec. 28.

Minnesota Statutes 2024, section 155A.31, is amended to read:

155A.31 INSPECTIONS.

The board is responsible for inspecting salons and schools licensed pursuant to sections 155A.21 to 155A.36 to assure compliance with the requirements of sections 155A.21 to 155A.36. The board deleted text begin shall deleted text end new text begin must new text end direct board resources first to the inspection of those licensees who fail to meet the requirements of law, have indicated that they present a greater risk to the public, or have otherwise, in the opinion of the board, demonstrated that they require a greater degree of regulatory attention.

Sec. 29.

Minnesota Statutes 2024, section 155A.32, is amended to read:

155A.32 DISPLAY OF LICENSE.

Every holder of a license granted by the board deleted text begin shall deleted text end new text begin must new text end display deleted text begin it deleted text end new text begin the license new text end in a conspicuous place in the place of business.

Sec. 30.

Minnesota Statutes 2024, section 155A.33, subdivision 1, is amended to read:

Subdivision 1.

Proceedings.

If the board, or a complaint committee if authorized by the board, has a reasonable basis for believing that a person has engaged in or is about to engage in a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the board or complaint committee may proceed as provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings must be conducted in accordance with deleted text begin the Administrative Procedure Act deleted text end new text begin chapter 14 new text end .

Sec. 31.

Minnesota Statutes 2024, section 155A.33, subdivision 2, is amended to read:

Subd. 2.

Legal actions.

(a) When necessary to prevent an imminent violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the board, or a complaint committee if authorized by the board, may bring an action in the name of the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a showing that a person has engaged in or is about to engage in an act or practice that constitutes a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the court deleted text begin shall deleted text end new text begin must new text end grant a permanent or temporary injunction, restraining order, or other appropriate relief.

(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when the board shows that a person has engaged in or is about to engage in an act or practice that constitutes violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce.

(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from criminal prosecution by a competent authority, or from action by the board under subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application for examination, license, registration, or renewal.

Sec. 32.

Minnesota Statutes 2024, section 155A.33, subdivision 3, is amended to read:

Subd. 3.

Cease and desist orders.

(a) The board, or complaint committee if authorized by the board, may issue and have served upon an unlicensed or unregistered person, or a holder of a license or registration, an order requiring the person to cease and desist from an act or practice that constitutes a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights of the person named in the order to request a hearing, and (2) state the reasons for the entry of the order. No order may be issued under this subdivision until an investigation of the facts has been conducted under section 214.10.

(b) Service of the order under this subdivision is effective when the order is personally served on the person or counsel of record, or served by certified mail to the most recent address provided to the board for the person or counsel of record.

(c) The board must hold a hearing under this subdivision not later than 30 days after the board receives the request for the hearing, unless otherwise agreed between the board, or complaint committee if authorized by the board, and the person requesting the hearing.

(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a report within 30 days of the close of the contested case hearing. Within 30 days after receiving the report and subsequent exceptions and argument, the board deleted text begin shall deleted text end new text begin must new text end issue a further order vacating, modifying, or making permanent the cease and desist order. If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until modified or vacated by the board.

Sec. 33.

Minnesota Statutes 2024, section 155A.33, subdivision 4, is amended to read:

Subd. 4.

Licensing and registration actions.

(a) With respect to a person who is a holder of or applicant for a license or registration under this chapter, the board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or registration, censure or reprimand the person, refuse to permit the person to sit for examination, or refuse to release the person's examination grades, if the board finds that such an order is in the public interest and that, based on a preponderance of the evidence presented, the person has:

(1) violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce;

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of the profession;

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate incompetence, or are otherwise in violation of the standards in the rules of the board, where the conduct or acts relate to the practice of a profession regulated by this chapter;

(4) employed fraud or deception in obtaining a license, registration, renewal, or reinstatement, or in passing all or a portion of the examination;

(5) had a license, registration, right to examine, or other similar authority revoked in another jurisdiction;

(6) failed to meet any requirement for issuance or renewal of the person's license or registration;

(7) advertised by means of false or deceptive statements;

(8) performed licensed services while consuming or under the influence of an intoxicant or controlled substance;

(9) demonstrated unprofessional conduct or practice;

(10) permitted an unlicensed person under the person's supervision or control to offer or practice services regulated by this chapter for compensation;

(11) practices, offered to practice, or attempted to practice by misrepresentation;

(12) failed to display a license or permit as required by rules adopted by the board;

(13) violated the board's rules governing infection control;

(14) refused to permit the board to make an inspection permitted or required by this chapter, or failed to provide the board or the attorney general on behalf of the board with any documents or records they request; or

(15) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that the board, or complaint committee if authorized by the board, has determined may result or may have resulted in an immediate threat to the public.

(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a condition of continued licensure or registration, termination of suspension, reinstatement of licensure or registration, examination, or release of examination results, require that the person:

(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in a manner and by a person or entity that the board determines; or

(2) completes to the board's satisfaction continuing education as the board requires.

deleted text begin (c) Service of an order under this subdivision is effective if the order is served in person, or is served by certified mail to the most recent address provided to the board by the licensee, registrant, applicant, or counsel of record. The order must state the reason for the entry of the order. deleted text end

new text begin (c) The board or complaint committee, if authorized by the board, may issue an order under this subdivision. The order may include conditions under paragraph (b) and civil penalties and fees permitted under subdivision 6. The order may require a person to cease and desist from acting in violation of paragraph (a). The order must include: new text end

new text begin (1) a summary of the facts that constitute each violation; new text end

new text begin (2) the applicable law that has been violated; new text end

new text begin (3) the licensing or registration action taken under paragraph (a); and new text end

new text begin (4) a notice to the individual that unless the individual requests a hearing within 30 days of service of the order, the order becomes a final order of the board. new text end

new text begin (d) If an order under this subdivision assesses civil penalties, the order must include a statement that, when the order becomes final, the board may file and enforce any unpaid amount of a penalty as a judgment in district court without further notice or additional proceedings. new text end

new text begin (e) A person issued an order under this subdivision may request a hearing within 30 days of the date the order is served. If a person's written request for a hearing is not received within 30 days of the date of service of the order, the order becomes a final order and is not subject to review by any court or agency. If a person submits to the board a timely request for hearing, the order is stayed pending a final order. The request for a hearing under this paragraph must: new text end

new text begin (1) be in writing; new text end

new text begin (2) provide the reason for the person's request for a hearing; and new text end

new text begin (3) be mailed or delivered to the board within 30 days of service of the order. new text end

new text begin (f) An order under this subdivision must be personally served or sent by first-class or certified mail to the most recent address provided to the board by the licensee or applicant according to Minnesota Rules, part 1400.5550, subparts 2 and 3. new text end

deleted text begin (d) deleted text end new text begin (g) new text end Except as provided in subdivision 5, paragraph (c), all hearings under this subdivision must be conducted in accordance with deleted text begin the Administrative Procedure Act deleted text end new text begin chapter 14 new text end .

new text begin (h) Nothing in this chapter prevents the board from resolving any violation through informal disposition under section 14.59. new text end

Sec. 34.

Minnesota Statutes 2024, section 155A.33, subdivision 5, is amended to read:

Subd. 5.

Temporary suspension.

(a) When the board, or complaint committee if authorized by the board, issues a temporary suspension order, the suspension provided for in the order is effective on service of a written copy of the order on the licensee, registrant, or counsel of record. The order must specify the statute, rule, or order violated by the licensee or registrant. The order remains in effect until the board issues a final order in the matter after a hearing, or on agreement between the board and the licensee or registrant.

(b) An order under this subdivision may (1) prohibit the licensee or registrant from engaging in the practice of a profession regulated by the board in whole or in part, as the facts require, and (2) condition the termination of the suspension on compliance with a statute, rule, or order that the board has adopted or issued or is empowered to enforce. The order must state the reasons for entering the order and must set forth the right to a hearing as provided in this subdivision.

(c) Within ten days after service of an order under this subdivision, the licensee or registrant may request a hearing in writing. The board must hold a hearing before its own members within five working days of the request for a hearing. The sole issue at the hearing must be whether there is a reasonable basis to continue, modify, or terminate the temporary suspension. The hearing is not subject to deleted text begin the Administrative Procedure Act deleted text end new text begin chapter 14 new text end . Evidence presented to the board or the licensee or registrant may be in affidavit form only. The licensee, registrant, or counsel of record may appear for oral argument.

(d) Within five working days after the hearing, the board deleted text begin shall deleted text end new text begin must new text end issue its order and, if the order continues the suspension, deleted text begin shall deleted text end new text begin must new text end schedule a contested case hearing within 30 days of the issuance of the order. Notwithstanding any rule to the contrary, the administrative law judge deleted text begin shall deleted text end new text begin must new text end issue a report within 30 days after the closing of the contested case hearing record. The board deleted text begin shall deleted text end new text begin must new text end issue a final order within 30 days of receiving the report.

Sec. 35.

Minnesota Statutes 2024, section 155A.33, subdivision 6, is amended to read:

Subd. 6.

Violations; penalties; costs.

(a) The board may impose a civil penalty of up to $2,000 per violation on a person who violates a statute, rule, or order that the board has adopted or issued or is empowered to enforce.

(b) In addition to any penalty under paragraph (a), the board may impose a fee to reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary action authorized under this section, (2) the imposition of a civil penalty under paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a fee under this paragraph when the board shows that the position of the person who has violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce is not substantially justified unless special circumstances make such a fee unjust, notwithstanding any rule to the contrary. Costs under this paragraph include, but are not limited to, the amount paid by the board for services from the deleted text begin Office deleted text end new text begin Court new text end of Administrative Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board members' compensation, board staff time, and expenses incurred by board members and staff.

(c) All hearings under this subdivision must be conducted in accordance with deleted text begin the Administrative Procedure Act deleted text end new text begin chapter 14 new text end .

Sec. 36.

Minnesota Statutes 2024, section 155A.33, is amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Corrective action. new text end

new text begin (a) When the board or complaint committee, if authorized by the board, determines that a complaint alleging that an applicant or a licensee violated this chapter, rules adopted under this chapter, or an order issued by the board may be appropriately resolved through corrective action, the board or complaint committee may enter into an agreement for corrective action with an applicant or a licensee. new text end

new text begin (b) An agreement for corrective action must: new text end

new text begin (1) be in writing; new text end

new text begin (2) describe the facts upon which the agreement is based; new text end

new text begin (3) describe the corrective action agreed upon by the board or complaint committee and the applicant or licensee; and new text end

new text begin (4) state that the complaint upon which the agreement was based must be dismissed by the board or complaint committee when the board or committee finds that the applicant or licensee has successfully performed the corrective action. new text end

new text begin (c) The board or complaint committee may determine that the applicant or licensee has successfully performed the corrective action if the applicant or licensee submits a request for dismissal that documents the applicant's or licensee's successful performance of the corrective action. new text end

new text begin (d) An agreement under this subdivision is not disciplinary action. An agreement under this section is public data under chapter 13. new text end

new text begin (e) The board may assess a fee on an applicant or a licensee to reimburse the board for costs related to the corrective action. The board must include a fee under this paragraph in the corrective action agreement. new text end

new text begin (f) If an applicant or a licensee fails to successfully perform the corrective action within the time specified in the agreement, the matter may be resolved through any enforcement action authorized under this section. new text end

Sec. 37.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes must change the term "Board of Cosmetologist Examiners" to "Board of Cosmetology" wherever the term appears in Minnesota Statutes. new text end

Sec. 38.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 155A.275, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Laws 2017, First Special Session chapter 4, article 1, section 29, new text end new text begin is repealed. new text end

Presented to the governor May 20, 2026