1.1 	A bill for an act
1.2 	relating to state government; appropriating money for jobs and economic 
1.3 	development; modifying mortgage licensing requirements; modifying programs; 
1.4 	regulating activities and practices; recodifying and modifying construction 
1.5 	codes and licensing provisions; modifying the State Building Code; providing 
1.6 	penalties; instructing the revisor to renumber statutory provisions; amending 
1.7 	Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions 
1.8 	4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 
1.9 	16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2, by 
1.10 	adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747; 
1.11 	16B.748; 16B.76; 31.175; 58.04, subdivisions 1, 2; 58.05; 58.06, subdivision 
1.12 	2, by adding a subdivision; 58.08, subdivision 3; 58.10, subdivision 1; 80A.28, 
1.13 	subdivision 1; 103I.621, subdivision 3; 116J.551, subdivision 1; 116J.575, 
1.14 	subdivisions 1, 1a; 144.122; 144.99, subdivision 1; 175.16, subdivision 1; 
1.15 	179A.04, subdivision 3; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 
1.16 	183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 
1.17 	183.54, subdivisions 1, 3; 183.545, subdivisions 2, 4, 8, by adding a subdivision; 
1.18 	183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 
1.19 	2, 4; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 270.97; 299F.011, 
1.20 	subdivision 1; 325E.58; 326.01, subdivisions 2, 3, 4, 5, 6, 6a, 6b, 6c, 6e, 6f, 
1.21 	6g, 6j, 6k, 6l, 7, 8, 9; 326.241; 326.242; 326.243; 326.244, subdivisions 1, 
1.22 	1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.247; 326.248; 
1.23 	326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by 
1.24 	adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 
1.25 	326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, 
1.26 	subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87; 
1.27 	326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 
1.28 	326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 
1.29 	1; 326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 
1.30 	15, by adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 
1.31 	7; 327.34, subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 
1.32 	327B.01, subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 
1.33 	1, 4, 6, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 332.54, 
1.34 	subdivision 7; 363A.40, subdivision 1; 462.357, subdivision 6a; 462A.07, 
1.35 	subdivision 8; 462A.21, subdivision 8b; 462A.33, subdivision 3; 471.465; 
1.36 	471.466; 471.467; 471.471; proposing coding for new law in Minnesota Statutes, 
1.37 	chapters 58; 327B; 609; proposing coding for new law as Minnesota Statutes, 
1.38 	chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665; 16B.747, 
1.39 	subdivision 4; 58.08, subdivision 1; 183.001; 183.02; 183.375, subdivisions 1, 2, 
2.1 	3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 
2.2 	183.54, subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 
2.3 	326.01, subdivisions 6h, 10, 11, 12, 13; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 
2.4 	9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, 
2.5 	subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 
2.6 	326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, 
2.7 	subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 
2.8 	5, 6; Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 
2.9 	3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 
2.10 	4715.5900; 4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 
2.11 	3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; 
2.12 	5230.0100, subparts 1, 3, 4.
2.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.14 	ARTICLE 1
2.15 	JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS

2.16 | Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
2.17 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.18 	in this article.

2.19 | | | 2008 | | 2009 | | Total
2.20 | General | $ | 212,782,000 | $ | 164,355,000 | $ | 377,137,000
2.21 | Workforce Development | | 10,235,000 | | 10,251,000 | | 20,486,000
2.22 | Remediation | | 700,000 | | 700,000 | | 1,400,000
2.23 | Petroleum Tank Cleanup | | 1,084,000 | | 1,084,000 | | 2,168,000
2.24 | Workers' Compensation | | 23,064,000 | | 23,448,000 | | 46,512,000
2.25 | Total | $ | 247,865,000 | $ | 199,838,000 | $ | 447,703,000

2.26 | Sec. 2. JOBS AND ECONOMIC DEVELOPMENT.
2.27 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.28 	agencies and for the purposes specified in this article. The appropriations are from the 
2.29 	general fund, or another named fund, and are available for the fiscal years indicated 
2.30 	for each purpose. The figures "2008" and "2009" used in this article mean that the 
2.31 	appropriations listed under them are available for the fiscal year ending June 30, 2008, or 
2.32 	June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 
2.33 	year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal 
2.34 	year ending June 30, 2007, are effective the day following final enactment.

2.35 | | | | APPROPRIATIONS
2.36 | | | | Available for the Year
2.37 | | | | Ending June 30
2.38 | | | | | 2008 | | 2009

3.1

3.2

Sec. 3. DEPARTMENT OF EMPLOYMENT 
AND ECONOMIC DEVELOPMENT

3.3 | Subdivision 1.Total Appropriation | $ | 63,824,000 | $ | 52,375,000

3.4 | Appropriations by Fund
3.5 | | 2008 | 2009
3.6 | General | 53,654,000 | 42,205,000
3.7 | Remediation | 700,000 | 700,000
3.8

3.9

Workforce 
Development

9,470,000

9,470,000

3.10 	The amounts that may be spent for each 
3.11 	purpose are specified in the following 
3.12 	subdivisions.

3.13

3.14

Subd. 2.Business and Community 
Development

19,348,000

8,183,000

3.15 | Appropriations by Fund
3.16 | General | 18,648,000 | 7,483,000
3.17 | Remediation | 700,000 | 700,000
3.18 	(a)(1) $150,000 the first year and $150,000 
3.19 	the second year are from the general fund 
3.20 	for a grant under Minnesota Statutes, 
3.21 	section 116J.421, to the Rural Policy and 
3.22 	Development Center at St. Peter, Minnesota. 
3.23 	The grant shall be used for research and 
3.24 	policy analysis on emerging economic and 
3.25 	social issues in rural Minnesota, to serve as 
3.26 	a policy resource center for rural Minnesota 
3.27 	communities, to encourage collaboration 
3.28 	across higher education institutions, to 
3.29 	provide interdisciplinary team approaches 
3.30 	to research and problem-solving in rural 
3.31 	communities, and to administer overall 
3.32 	operations of the center. 
3.33 	(2) The grant shall be provided upon the 
3.34 	condition that each state-appropriated 
3.35 	dollar be matched with a nonstate dollar. 
3.36 	Acceptable matching funds are nonstate 
4.1 	contributions that the center has received and 
4.2 	have not been used to match previous state 
4.3 	grants. Any funds not spent the first year are 
4.4 	available the second year. 
4.5 	(b) $155,000 the first year and $155,000 the 
4.6 	second year for a grant to the Metropolitan 
4.7 	Economic Development Association for 
4.8 	continuing minority business development 
4.9 	programs in the metropolitan area. 
4.10 	(c) $150,000 the first year and $150,000 the 
4.11 	second year for a grant to WomenVenture for 
4.12 	women's business development programs.
4.13 	(d) $1,000,000 the first year is for a 
4.14 	grant to the BioBusiness Alliance for the 
4.15 	development of a 20-year strategy for 
4.16 	growing Minnesotaa??s bioscience industry. 
4.17 	The grant must be matched dollar-for-dollar 
4.18 	with private funds. This is a onetime 
4.19 	appropriation. 
4.20 	(e) $250,000 the first year is for a grant to 
4.21 	University Enterprise Laboratories (UEL) to 
4.22 	support its efforts to encourage the growth 
4.23 	of early-stage and emerging bioscience 
4.24 	companies. UEL must provide a report to 
4.25 	the commissioner that details expenditures 
4.26 	and the impact the funding had on lease 
4.27 	rates for UEL tenants. This is a onetime 
4.28 	appropriation.
4.29 	(f) $7,000,000 the first year is for grants 
4.30 	under Minnesota Statutes, section 116J.8731, 
4.31 	for the Minnesota Investment Fund Program. 
4.32 	Of this amount, up to $3,000,000 may 
4.33 	be used for a legal reference office and 
4.34 	data center facility, provided that the total 
5.1 	capital investment in the facility is at least 
5.2 	$60,000,000. This is a onetime appropriation.
5.3 	(g) $2,000,000 the first year is for grants 
5.4 	under Minnesota Statutes, section 116J.571, 
5.5 	for the Redevelopment Grant Program. This 
5.6 	is a onetime appropriation.
5.7 	(h) $100,000 the first year and $100,000 the 
5.8 	second year to the Public Facilities Authority 
5.9 	for the Small Community Wastewater 
5.10 	Treatment Program under Minnesota 
5.11 	Statutes, chapter 446A.
5.12 	(i) $1,000,000 the first year is for the 
5.13 	Urban Initiative Program under Minnesota 
5.14 	Statutes, chapter 116M. This is a onetime 
5.15 	appropriation.
5.16 	(j) $100,000 the first year and $100,000 
5.17 	the second year is for the SBIR-Access to 
5.18 	Federal Contracts activities.
5.19 	(k) $60,000 the first year and $60,000 the 
5.20 	second year is for a grant to the Minnesota 
5.21 	Inventors Congress.

5.22 | Subd. 3.Workforce Development | | 40,936,000 | | 41,022,000

5.23 | Appropriations by Fund
5.24 | General | 31,466,000 | 31,552,000
5.25

5.26

Workforce 
Development

9,470,000

9,470,000

5.27 	(a) $6,785,000 the first year and $6,785,000 
5.28 	the second year are for the Minnesota job 
5.29 	skills partnership program under Minnesota 
5.30 	Statutes, sections 116L.01 to 116L.17. If the 
5.31 	appropriation for either year is insufficient, 
5.32 	the appropriation for the other year is 
5.33 	available. This appropriation is available 
5.34 	until spent.
6.1 	(b) $305,000 the first year and $305,000 the 
6.2 	second year are for a grant under Minnesota 
6.3 	Statutes, section 116J.8747, to Twin Cities 
6.4 	RISE! to provide training to hard-to-train 
6.5 	individuals. 
6.6 	(c) $875,000 the first year and $875,000 
6.7 	the second year are from the workforce 
6.8 	development fund for Opportunities 
6.9 	Industrialization Center programs. 
6.10 	(d) $5,364,000 the first year and $5,364,000 
6.11 	the second year are from the general fund 
6.12 	and $6,920,000 the first year and $6,920,000 
6.13 	the second year are from the workforce 
6.14 	development fund for extended employment 
6.15 	services for persons with severe disabilities 
6.16 	or related conditions under Minnesota 
6.17 	Statutes, section 268A.15.
6.18 	(e) $1,690,000 the first year and $1,690,000 
6.19 	the second year are for grants under 
6.20 	Minnesota Statutes, section 268A.11, for the 
6.21 	eight centers for independent living. Money 
6.22 	not expended the first year is available the 
6.23 	second year.
6.24 	(f) $5,940,000 the first year and $5,940,000 
6.25 	the second year are for State Services for the 
6.26 	Blind activities.
6.27 	(g) $150,000 the first year and $150,000 
6.28 	the second year are from the general fund 
6.29 	and $175,000 the first year and $175,000 
6.30 	the second year are from the workforce 
6.31 	development fund for grants under Minnesota 
6.32 	Statutes, section 268A.03, to Rise, Inc. 
6.33 	for the Minnesota Employment Center for 
6.34 	People Who are Deaf or Hard-of-Hearing. 
7.1 	Money not expended the first year is 
7.2 	available the second year.
7.3 	(h) $1,400,000 the first year and $1,400,000 
7.4 	the second year are for grants for programs 
7.5 	that provide employment support services to 
7.6 	persons with mental illness under Minnesota 
7.7 	Statutes, sections 268A.13 and 268A.14. 
7.8 	Up to $77,000 each year may be used for 
7.9 	administrative and salary expenses.
7.10 	(i) $9,021,000 the first year and $9,021,000 
7.11 	the second year are for the vocational 
7.12 	rehabilitation program.
7.13 	(j) $150,000 the first year and $150,000 the 
7.14 	second year are for a grant to Advocating 
7.15 	Change Together for training, technical 
7.16 	assistance, and resource materials to persons 
7.17 	with developmental and mental illness 
7.18 	disabilities.
7.19 	(k) $500,000 the first year and $500,000 the 
7.20 	second year are for the implementation of the 
7.21 	career guides initiative.
7.22 	(l) $75,000 the first year and $75,000 the 
7.23 	second year are for the youthbuild program 
7.24 	under Minnesota Statutes, sections 116L.361 
7.25 	to 116L.366.
7.26 	(m) $1,250,000 the first year and $1,250,000 
7.27 	the second year are from the workforce 
7.28 	development fund for grants to fund summer 
7.29 	youth employment in Minneapolis. The 
7.30 	grants shall be used to fund up to 500 jobs for 
7.31 	youth each summer. Of this appropriation, 
7.32 	$250,000 the first year and $250,000 the 
7.33 	second year are for a grant to the learn-to-earn 
7.34 	summer youth employment program. The 
7.35 	commissioner shall establish criteria for 
8.1 	awarding the grants. This appropriation is 
8.2 	available in either year of the biennium and 
8.3 	is available until spent.

8.4 | Subd. 4.Unemployment Insurance | | 192,000 | |

8.5 | Appropriations by Fund
8.6 | General | 192,000 |
8.7 	(a) $192,000 the first year is from the 
8.8 	general fund to reimburse the unemployment 
8.9 	insurance trust fund for certain entities which 
8.10 	are unable to pay delinquent amounts. This 
8.11 	is a onetime appropriation.

8.12 | Subd. 5.State-Funded Administration | | 3,348,000 | | 3,170,000
8.13 	(a) $150,000 the first year and $150,000 
8.14 	the second year are to fund the analysis, 
8.15 	production, and dissemination of labor 
8.16 	market information.
8.17 	(b) $200,000 the first year is for expenses 
8.18 	related to Positively Minnesota Marketing. 
8.19 	These funds are to be matched by public 
8.20 	and private partners. This is a onetime 
8.21 	appropriation.
8.22 	(c) The first $1,450,000 deposited in each 
8.23 	year of the biennium and in each year of 
8.24 	subsequent bienniums into the contingent 
8.25 	account created under Minnesota Statutes, 
8.26 	section 268.196, subdivision 3, shall be 
8.27 	transferred by June 30 of each fiscal year 
8.28 	to the workforce development fund created 
8.29 	under Minnesota Statutes, section 116L.20. 
8.30 	Deposits in excess of the $1,450,000 shall be 
8.31 	transferred by June 30 of each fiscal year to 
8.32 	the general fund.

8.33 | Sec. 4. DEPARTMENT OF COMMERCE | | | |

8.34 | Subdivision 1.Total Appropriation | $ | 34,645,000 | $ | 22,994,000

9.1 | Appropriations by Fund
9.2 | | 2008 | 2009
9.3 | General | 32,726,000 | 21,075,000
9.4 | Petroleum Cleanup | 1,084,000 | 1,084,000
9.5

9.6

Workers' 
Compensation

835,000

835,000

9.7 	The amounts that may be spent for each 
9.8 	purpose are specified in the following 
9.9 	subdivisions.

9.10 | Subd. 2.Financial Examinations | | 6,309,000 | | 6,426,000

9.11

9.12

Subd. 3.Petroleum Tank Release Cleanup 
Board

1,084,000

1,084,000

9.13 	This appropriation is from the petroleum 
9.14 	tank release cleanup fund. 

9.15 | Subd. 4.Administrative Services | | 4,477,000 | | 4,540,000

9.16 | Subd. 5.Market Assurance | | 6,894,000 | | 6,991,000

9.17 | Appropriations by Fund
9.18 | General | 6,059,000 | 6,156,000
9.19

9.20

Workers' 
Compensation

835,000

835,000

9.21 | Subd. 6.Energy and Telecommunications | | 15,881,000 | | 3,953,000
9.22 	$12,000,000 the first year must 	be spent for 
9.23 	E85 cost share grants. 	This is a onetime 
9.24 	appropriation. 	Notwithstanding Minnesota 
9.25 	Statutes, 	section 16A.28, this appropriation 
9.26 		is available until June 30, 2011.

9.27

9.28

Sec. 5. TRANSFER; RENEWABLE 
DEVELOPMENT GRANTS

9.29 	The utility subject to Minnesota Statutes, 
9.30 	section 116C.779, shall transfer $2,500,000 
9.31 	in fiscal year 2008 and $2,500,000 in fiscal 
9.32 	year 2009 to the Department of Commerce 
9.33 	on a schedule to be determined by the 
9.34 	commissioner of commerce. The funds shall 
9.35 	be disbursed as grants to promote renewable 
10.1 	energy projects and community energy 
10.2 	outreach and assistance. Of the amounts 
10.3 	identified:
10.4 	(1) $500,000 each year for capital grants for 
10.5 	on-farm biogas recovery facilities; eligible 
10.6 	projects will be selected in coordination 
10.7 	with the Department of Agriculture and the 
10.8 	Pollution Control Agency;
10.9 	(2) $500,000 each year to provide financial 
10.10 	rebates to new solar electricity projects;
10.11 	(3) $500,000 each year for continued funding 
10.12 	of community energy technical assistance 
10.13 	and outreach on renewable energy and 
10.14 	energy efficiency; and
10.15 	(4) $1,000,000 each year for technical 
10.16 	analysis and demonstration funding for 
10.17 	automotive technology projects, with a 
10.18 	special focus on plug-in hybrid electric 
10.19 	vehicles.

10.20

10.21

Sec. 6. TRANSFER; RENEWABLE ENERGY 
RESEARCH

10.22 	The utility subject to Minnesota Statutes, 
10.23 	section 116C.779, shall transfer $5,000,000 
10.24 	in fiscal year 2008 and $5,000,000 in fiscal 
10.25 	year 2009 to the Department of Commerce 
10.26 	on a schedule to be determined by the 
10.27 	commissioner of commerce. The funds shall 
10.28 	be disbursed as grants to provide competitive, 
10.29 	cost-share grants to fund renewable energy 
10.30 	research in Minnesota.
10.31 	These grants will be awarded by a 
10.32 	three-member panel made up of the 
10.33 	commissioners of commerce, pollution 
10.34 	control, and agriculture, or their designees. 
11.1 	Grant applications would be ranked and 
11.2 	grants issued according to how well the 
11.3 	applications meet state energy policy research 
11.4 	goals established by the commissioners, 
11.5 	the quality and experience of the research 
11.6 	teams, the cross-interdisciplinary and 
11.7 	cross-institutional nature of the research 
11.8 	teams, and the ability of the research team to 
11.9 	leverage nonstate funds.

11.10 | Sec. 7. HOUSING FINANCE AGENCY | | | |

11.11 | Subdivision 1.Total Appropriation | $ | 69,438,000 | $ | 44,938,000
11.12 	This appropriation is for transfer to the 
11.13 	housing development fund. The amounts 
11.14 	that may be spent from this appropriation 
11.15 	for certain programs are specified in the 
11.16 	following subdivisions. Except as otherwise 
11.17 	indicated, this transfer is part of the agency's 
11.18 	permanent budget base.

11.19

11.20

Subd. 2.Economic Development and Housing 
Challenge

11.21 	(a) $25,907,000 the first year and 
11.22 	$10,907,000 the second year are for 
11.23 	the economic development and housing 
11.24 	challenge program under Minnesota Statutes, 
11.25 	section 462A.33, for housing that:
11.26 	(i) conserves energy and utilizes sustainable, 
11.27 	healthy building materials;
11.28 	(ii) preserves sensitive natural areas and 
11.29 	open spaces and minimizes the need for new 
11.30 	infrastructure; 
11.31 	(iii) is accessible to jobs and services through 
11.32 	integration with transportation or transit 
11.33 	systems; and
12.1 	(iv) expands the mix of housing choices in 
12.2 	a community by diversifying the levels of 
12.3 	housing affordability. 
12.4 	The agency may fund demonstration projects 
12.5 	that have unique approaches to achieving the 
12.6 	housing described above. 
12.7 	(b) $1,285,000 the first year and $1,285,000 
12.8 	the second year shall be made available 
12.9 	during the first eight months of the fiscal 
12.10 	year exclusively for housing projects for 
12.11 	American Indians. Any funds not committed 
12.12 	to housing projects for American Indians in 
12.13 	the first eight months of the fiscal year shall 
12.14 	be available for any eligible activity under 
12.15 	Minnesota Statutes, section 462A.33.
12.16 	(c) Of this amount, $15,000,000 the first year 
12.17 	is a onetime appropriation.

12.18 | Subd. 3.Housing Trust Fund | | | |
12.19 	$13,555,000 the first year and $8,555,000 
12.20 	the second year are for the housing trust fund 
12.21 	account created under Minnesota Statutes, 
12.22 	section 462A.201, for the purposes of that 
12.23 	section. Of this amount, $5,000,000 the first 
12.24 	year is a onetime appropriation.

12.25 | Subd. 4.Rental Assistance for Mentally Ill | | | |
12.26 	$2,638,000 the first year and $2,638,000 
12.27 	the second year are for a rental housing 
12.28 	assistance program for persons with a mental 
12.29 	illness or families with an adult member with 
12.30 	a mental illness under Minnesota Statutes, 
12.31 	section 462A.2097.

12.32 | Subd. 5.Family Homeless Prevention | | | |
12.33 	$7,465,000 the first year and $7,465,000 
12.34 	the second year are for family homeless 
13.1 	prevention and assistance programs under 
13.2 	Minnesota Statutes, section 462A.204.

13.3 | Subd. 6.Home Ownership Assistance Fund | | | |
13.4 	$885,000 the first year and $885,000 the 
13.5 	second year are for the home ownership 
13.6 	assistance program under Minnesota 
13.7 	Statutes, section 462A.21, subdivision 8.

13.8 | Subd. 7.Affordable Rental Investment Fund | | | |
13.9 	$11,496,000 the first year and $8,996,000 
13.10 	the second year are for the affordable rental 
13.11 	investment fund program under Minnesota 
13.12 	Statutes, section 462A.21, subdivision 8b. 
13.13 	Of this amount, $2,500,000 in the first year 
13.14 	is a onetime appropriation.
13.15 	This appropriation is to finance the 
13.16 	acquisition, rehabilitation, and debt 
13.17 	restructuring of federally assisted rental 
13.18 	property and for making equity take-out loans 
13.19 	under Minnesota Statutes, section 462A.05, 
13.20 	subdivision 39. The owner of the federally 
13.21 	assisted rental property must agree to 
13.22 	participate in the applicable federally assisted 
13.23 	housing program and to extend any existing 
13.24 	low-income affordability restrictions on the 
13.25 	housing for the maximum term permitted. 
13.26 	The owner must also enter into an agreement 
13.27 	that gives local units of government, 
13.28 	housing and redevelopment authorities, 
13.29 	and nonprofit housing organizations the 
13.30 	right of first refusal if the rental property 
13.31 	is offered for sale. Priority must be given 
13.32 	among comparable federally assisted rental 
13.33 	properties to properties with the longest 
13.34 	remaining term under an agreement for 
13.35 	federal rental assistance. Priority must also 
14.1 	be given among comparable rental housing 
14.2 	developments to developments that are or 
14.3 	will be owned by local government units, a 
14.4 	housing and redevelopment authority, or a 
14.5 	nonprofit housing organization.
14.6 	This appropriation also may be used to 
14.7 	finance the acquisition, rehabilitation, and 
14.8 	debt restructuring of existing supportive 
14.9 	housing properties. For purposes of this 
14.10 	subdivision, "supportive housing" means 
14.11 	affordable rental housing with links to 
14.12 	services necessary for individuals, youth, and 
14.13 	families with children to maintain housing 
14.14 	stability.
14.15 	Of this amount, $2,500,000 is appropriated 
14.16 	for the purposes of financing the 
14.17 	rehabilitation and operating costs to preserve 
14.18 	public housing. For purposes of this 
14.19 	subdivision "public housing" is housing for 
14.20 	low-income persons and households financed 
14.21 	by the federal government and owned and 
14.22 	operated by public housing authorities and 
14.23 	agencies. Eligible public housing authorities 
14.24 	must have a Public Housing Assessment 
14.25 	System rating of standard or above. Priority 
14.26 	among comparable proposals must be given 
14.27 	to proposals that maximize federal or local 
14.28 	resources to finance the capital and operating 
14.29 	costs.

14.30

14.31

Subd. 8.Housing Rehabilitation and 
Accessibility

14.32 	$5,815,000 the first year and $4,130,000 the 
14.33 	second year are for the housing rehabilitation 
14.34 	and accessibility program under Minnesota 
14.35 	Statutes, section 462A.05, subdivisions 14a 
15.1 	and 15a. Of this amount, $1,685,000 in the 
15.2 	first year is a onetime appropriation.

15.3

15.4

Subd. 9.Home Ownership Education, 
Counseling, and Training

15.5 	$1,495,000 the first year and $865,000 
15.6 	the second year are appropriated for the 
15.7 	home ownership education, counseling, and 
15.8 	training program under Minnesota Statutes, 
15.9 	section 462A.209. Of this amount, $630,000 
15.10 	in the first year is a onetime appropriation to 
15.11 	be used for:
15.12 	(1) foreclosure prevention and assistance 
15.13 	activities in communities that have mortgage 
15.14 	foreclosure rates that exceed the statewide 
15.15 	average foreclosure rate for the most recent 
15.16 	quarter for which data is available; and
15.17 	(2) home buyer education and counseling 
15.18 	activities by organizations that have 
15.19 	experience working with emerging markets 
15.20 	or partner with organizations with experience 
15.21 	working with emerging markets and that have 
15.22 	demonstrated a commitment to increasing the 
15.23 	homeownership rate of emerging markets.

15.24 | Subd. 10.Capacity Building Grants | | | |
15.25 	$340,000 the first year and $340,000 the 
15.26 	second year are for nonprofit capacity 
15.27 	building grants under Minnesota Statutes, 
15.28 	section 462A.21, subdivision 3b.

15.29 | Sec. 8. EXPLORE MINNESOTA TOURISM | $ | 11,269,000 | $ | 12,337,000
15.30 	To develop maximum private sector 
15.31 	involvement in tourism, $1,000,000 in the 
15.32 	first year and $2,000,000 in the second year 
15.33 	must be matched by Explore Minnesota 
15.34 	Tourism from nonstate sources. Each dollar 
16.1 	of state incentive must be matched with 
16.2 	three dollars of private sector funding. Cash 
16.3 	match is defined as revenue to the state 
16.4 	or documented cash expenditures directly 
16.5 	expended to support Explore Minnesota 
16.6 	Tourism programs. Up to one-half of the 
16.7 	private sector contribution may be in-kind 
16.8 	or soft match. The incentive in the first year 
16.9 	shall be based on fiscal year 2007 private 
16.10 	sector contributions as prescribed in Laws 
16.11 	2005, First Special Session chapter 1, article 
16.12 	3, section 6. The incentive increase in the 
16.13 	second year will be based on fiscal year 2008 
16.14 	private sector contributions. This incentive 
16.15 	is ongoing.
16.16 	Funding for the marketing grants is available 
16.17 	either year of the biennium. Unexpended 
16.18 	grant funds from the first year are available 
16.19 	in the second year.
16.20 	Any unexpended money from the general 
16.21 	fund appropriations made under this section 
16.22 	does not cancel but must be placed in a 
16.23 	special marketing account for use by Explore 
16.24 	Minnesota Tourism for additional marketing 
16.25 	activities.
16.26 	$250,000 the first year and $250,000 the 
16.27 	second year are for operating costs of 
16.28 	the Minnesota Film and TV Board. The 
16.29 	appropriation in each year is available 
16.30 	only upon receipt by the board of $1 in 
16.31 	matching contributions of money or in-kind 
16.32 	contributions from nonstate sources for every 
16.33 	$3 provided by this appropriation.
16.34 	$500,000 is appropriated each year for a 
16.35 	grant to the Minnesota Film and TV Board 
17.1 	for the snowbate program. Of this amount, up 
17.2 	to $25,000 may be used for administration.

17.3

17.4

Sec. 9. DEPARTMENT OF LABOR AND 
INDUSTRY

17.5 | Subdivision 1.Total Appropriation | $ | 22,235,000 | $ | 22,598,000

17.6 | Appropriations by Fund
17.7 | | 2008 | 2009
17.8 | General | 904,000 | 914,000
17.917.10

Workers' 
Compensation

20,566,000

20,903,000

17.11

17.12

Workforce 
Development

765,000

781,000

17.13 	The amounts that may be spent for each 
17.14 	purpose are specified in the following 
17.15 	subdivisions.

17.16 | Subd. 2.Workers' Compensation | | 10,331,000 | | 10,609,000
17.17 	This appropriation is from the workers' 
17.18 	compensation fund.
17.19 	$150,000 the first year and $150,000 the 
17.20 	second year are for grants to the Vinland 
17.21 	Center for rehabilitation services.

17.22 | Subd. 3.Safety Codes and Services | | 4,192,000 | | 4,288,000
17.23 	This appropriation is from the workers' 
17.24 	compensation fund.

17.25 | Subd. 4.Labor Standards/Apprenticeship | | 1,669,000 | | 1,695,000

17.26 | Appropriations by Fund
17.27 | General | 904,000 | 914,000
17.28

17.29

Workforce 
Development

765,000

781,000

17.30 	The appropriation from the workforce 
17.31 	development fund is for the apprenticeship 
17.32 	program under Minnesota Statutes, chapter 
17.33 	178, and includes $100,000 each year for 
17.34 	labor education and advancement program 
17.35 	grants.

18.1 | Subd. 5.General Support | | 6,043,000 | | 6,006,000
18.2 	This appropriation is from the workers' 
18.3 	compensation fund.

18.4

18.5

Sec. 10. BUREAU OF MEDIATION 
SERVICES

18.6 | Subdivision 1.Total Appropriation | $ | 1,850,000 | $ | 1,877,000
18.7 	The amounts that may be spent for each 
18.8 	purpose are specified in the following 
18.9 	subdivisions.

18.10 | Subd. 2.Mediation Services | | 1,700,000 | | 1,727,000

18.11

18.12

Subd. 3.Labor Management Cooperation 
Grants

150,000

150,000

18.13 	$150,000 each year is for grants to area labor 
18.14 	management committees. Grants may be 
18.15 	awarded for a 12-month period beginning 
18.16 	July 1 each year. Any unencumbered balance 
18.17 	remaining at the end of the first year does not 
18.18 	cancel but is available for the second year.

18.19

18.20

Sec. 11. WORKERS' COMPENSATION 
COURT OF APPEALS

$

1,663,000

$

1,710,000

18.21 	This appropriation is from the workers' 
18.22 	compensation fund. 

18.23

18.24

Sec. 12. MINNESOTA HISTORICAL 
SOCIETY

18.25 | Subdivision 1.Total Appropriation | $ | 26,421,000 | $ | 24,380,000
18.26 	The amounts that may be spent for each 
18.27 	purpose are specified in the following 
18.28 	subdivisions.
18.29 	$500,000 the first year and $500,000 the 
18.30 	second year are for increased rent costs. This 
18.31 	amount is added to the agencya??s base budget.

18.32 | Subd. 2.Education and Outreach | | 15,547,000 | | 13,705,000
19.1 	Of this amount, $2,000,000 the first year 
19.2 	is for the Minnesota Sesquicentennial 
19.3 	Commission. Of this appropriation, 
19.4 	$750,000 is for competitive matching grants 
19.5 	for local events and projects; $750,000 
19.6 	is for planning and support of statewide 
19.7 	activities, and up to $500,000 may be used 
19.8 	for administration.
19.9 	The Minnesota Historical Society, the State 
19.10 	Arts Board, and Explore Minnesota Tourism 
19.11 	may assist the commission in designing and 
19.12 	implementing the grants program.
19.13 	The commission shall encourage private 
19.14 	contributions to match the state funds to the 
19.15 	greatest extent possible.

19.16 | Subd. 3.Preservation and Access | | 10,453,000 | | 10,271,000
19.17 	Of this amount, $308,000 the first year is 
19.18 	for the preservation of battle flags. This is a 
19.19 	onetime appropriation.

19.20 | Subd. 4.Pass-Through Appropriations | | 421,000 | | 404,000

19.21 | (a) Minnesota International Center | | 43,000 | | 42,000

19.22 | (b) Minnesota Air National Guard Museum | | 16,000 | | -0-

19.23 | (c) Minnesota Military Museum | | 234,000 | | 234,000

19.24 | (d) Farmamerica | | 128,000 | | 128,000

19.25 | (e) Balances Forward | | | |
19.26 	Any unencumbered balance remaining in 
19.27 	this subdivision the first year does not cancel 
19.28 	but is available for the second year of the 
19.29 	biennium.

19.30 | Subd. 5.Fund Transfer | | | |
20.1 	The Historical Society may reallocate funds 
20.2 	appropriated in and between subdivisions 2 
20.3 	and 3 for any program purposes.

20.4 | Sec. 13. BOARD OF THE ARTS | | | |

20.5 | Subdivision 1.Total Appropriation | $ | 9,100,000 | $ | 9,107,000
20.6 	The amounts that may be spent for each 
20.7 	purpose are specified in the following 
20.8 	subdivisions.

20.9 | Subd. 2.Operations and Services | | 637,000 | | 644,000

20.10 | Subd. 3.Grants Programs | | 5,924,000 | | 5,924,000

20.11 | Subd. 4.Regional Arts Councils | | 2,539,000 | | 2,539,000

20.12 | Sec. 14. BOARD OF ACCOUNTANCY | $ | 493,000 | $ | 499,000

20.13
20.14
20.15

20.16

Sec. 15. BOARD OF ARCHITECTURE, 
ENGINEERING, LAND SURVEYING, 
LANDSCAPE ARCHITECTURE, 
GEOSCIENCE, AND INTERIOR DESIGN

$

795,000

$

805,000

20.17 | Sec. 16. BOARD OF BARBER EXAMINERS | $ | 911,000 | $ | 924,000

20.18

20.19

Sec. 17. MINNESOTA BOXING 
COMMISSION

$

50,000

$

-0-

20.20 	To transition the commission to being a 
20.21 	self-funded entity. By July 1, 2008, the 
20.22 	commission shall develop a fee structure that 
20.23 	enables it to be self-supporting. This is a 
20.24 	onetime appropriation.
20.25 	By September 1, 2007, the commission shall 
20.26 	deliver to the governor and the chairs of the 
20.27 	senate Finance and house Ways and Means 
20.28 	Committees a report detailing its plan to 
20.29 	become self-sustaining.

20.30 | Sec. 18. PUBLIC UTILITIES COMMISSION | $ | 5,221,000 | $ | 5,294,000

21.1 	Sec. 19. Minnesota Statutes 2006, section 58.04, subdivision 1, is amended to read:
21.2 		Subdivision 1.Residential mortgage originator licensing requirements. (a) 
21.3 	~~Beginning August 1, 1999,~~ No person shall act as a residential mortgage originator, or 
21.4 	make residential mortgage loans without first obtaining a license from the commissioner 
21.5 	according to the licensing procedures provided in this chapter.
21.6 	(b) A licensee must be either a partnership, limited liability partnership, association, 
21.7 	limited liability company, corporation, or other form of business organization, and must 
21.8 	have and maintain at all times one of the following: approval as a mortgagee by either the 
21.9 	federal Department of Housing and Urban Development or the Federal National Mortgage 
21.10 	AssociationI? a minimum net worth, net of intangibles, of at least $250,000I? or a surety bond 
21.11 	or irrevocable letter of credit in the amount of $100,000. Net worth, net of intangibles, 
21.12 	must be calculated in accordance with generally accepted accounting principles.
21.13 	(c) The following persons are exempt from the residential mortgage originator 
21.14 	licensing requirements:
21.15 	~~(1) an employee of one mortgage originator licensee or one person holding a~~ 
21.16 	~~certificate of exemption;~~
21.17 	~~(2) a person licensed as a real estate broker under chapter 82 who is not licensed to~~ 
21.18 	~~another real estate broker;~~
21.19 	~~(3) an individual real estate licensee who is licensed to a real estate broker as~~ 
21.20 	~~described in clause (2) if:~~
21.21 	~~(i) the individual licensee acts only under the name, authority, and supervision of the~~ 
21.22 	~~broker to whom the licensee is licensed;~~
21.23 	~~(ii) the broker to whom the licensee is licensed obtains a certificate of exemption~~ 
21.24 	~~according to section 58.05, subdivision 2;~~ 
21.25 	~~(iii) the broker does not collect an advance fee for its residential mortgage-related~~ 
21.26 	~~activities; and~~
21.27 	~~(iv) the residential mortgage origination activities are incidental to the real estate~~ 
21.28 	~~licensee's primary activities as a real estate broker or salesperson;~~
21.29 	~~(4) an individual licensed as a property/casualty or life/health insurance agent under~~ 
21.30 	~~chapter 60K if:~~
21.31 	~~(i) the insurance agent acts on behalf of only one residential mortgage originator,~~ 
21.32 	~~which is in compliance with chapter 58;~~
21.33 	~~(ii) the insurance agent has entered into a written contract with the mortgage~~ 
21.34 	~~originator under the terms of which the mortgage originator agrees to accept responsibility~~ 
21.35 	~~for the insurance agent's residential mortgage-related activities;~~
22.1 	~~(iii) the insurance agent obtains a certificate of exemption under section 58.05,~~ 
22.2 	~~subdivision 2; and~~ 
22.3 	~~(iv) the insurance agent does not collect an advance fee for the insurance agent's~~ 
22.4 	~~residential mortgage-related activities;~~
22.5 	~~(5)~~ (1) a person who is not in the business of making residential mortgage loans and 
22.6 	who makes no more than three such loans, with its own funds, during any 12-month period;
22.7 	~~(6)~~ (2) a financial institution as defined in section 58.02, subdivision 10; 
22.8 	~~(7)~~ (3) an agency of the federal government, or of a state or municipal government;
22.9 	~~(8)~~ (4) an employee or employer pension plan making loans only to its participants;
22.10 	~~(9)~~ (5) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result 
22.11 	of a specific order issued by a court of competent jurisdiction; or
22.12 	~~(10)~~ (6) a person exempted by order of the commissioner.

22.13 	Sec. 20. Minnesota Statutes 2006, section 58.04, subdivision 2, is amended to read:
22.14 		Subd. 2.Residential mortgage servicer licensing requirements. (a) ~~Beginning~~ 
22.15 	~~August 1, 1999,~~ No person shall engage in activities or practices that fall within the 
22.16 	definition of "servicing a residential mortgage loan" under section 58.02, subdivision 
22.17 	22, without first obtaining a license from the commissioner according to the licensing 
22.18 	procedures provided in this chapter. 
22.19 	(b) The following persons are exempt from the residential mortgage servicer 
22.20 	licensing requirements:
22.21 	(1) a person licensed as a residential mortgage originator;
22.22 	~~(2) an employee of one licensee or one person holding a certificate of exemption~~ 
22.23 	~~based on an exemption under this subdivision;~~
22.24 	~~(3)~~ (2) a person servicing loans made with its own funds, if no more than three such 
22.25 	loans are made in any 12-month period;
22.26 	~~(4)~~ (3) a financial institution as defined in section 58.02, subdivision 10; 
22.27 	~~(5)~~ (4) an agency of the federal government, or of a state or municipal government;
22.28 	~~(6)~~ (5) an employee or employer pension plan making loans only to its participants;
22.29 	~~(7)~~ (6) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result 
22.30 	of a specific order issued by a court of competent jurisdiction; or
22.31 	~~(8)~~ (7) a person exempted by order of the commissioner.

22.32 	Sec. 21. Minnesota Statutes 2006, section 58.05, is amended to read:
22.33 	58.05 EXEMPTIONS FROM LICENSE.
23.1 		Subdivision 1.Exempt person. An exempt person as defined by section 58.04, 
23.2 	subdivision 1, paragraph ~~(b)~~ (c), and subdivision 2, paragraph (b), is exempt from the 
23.3 	licensing requirements of this chapter, but is subject to all other provisions of this chapter. 
23.4 		Subd. 3.Certificate of exemption. A person must obtain a certificate of exemption 
23.5 	from the commissioner to qualify as an exempt person under section 58.04, subdivision 
23.6 	1, paragraph ~~(b)~~ (c), ~~as a real estate broker under clause (2), an insurance agent under~~ 
23.7 	~~clause (4),~~ a financial institution under clause ~~(6)~~ (2), or by order of the commissioner 
23.8 	under clause ~~(10)~~ (6); or under section 58.04, subdivision 2, paragraph (b), as a financial 
23.9 	institution under clause ~~(4)~~ (3), or by order of the commissioner under clause ~~(8)~~ (7). 

23.10 	Sec. 22. Minnesota Statutes 2006, section 58.06, subdivision 2, is amended to read:
23.11 		Subd. 2.Application contents. The application must contain the name and 
23.12 	complete business address or addresses of the license applicant. ~~If~~ The license applicant ~~is~~
23.13 	must be a partnership, limited liability partnership, association, limited liability company, 
23.14 	corporation, or other form of business organization, and the application must contain the 
23.15 	names and complete business addresses of each partner, member, director, and principal 
23.16 	officer. The application must also include a description of the activities of the license 
23.17 	applicant, in the detail and for the periods the commissioner may require.
23.18 	(b) An applicant must submit one of the following:
23.19 	(1) evidence which shows, to the commissioner's satisfaction, that either the federal 
23.20 	Department of Housing and Urban Development or the Federal National Mortgage 
23.21 	Association has approved the applicant as a mortgageeI?
23.22 	(2) a surety bond or irrevocable letter of credit in the amount of not less than 
23.23 	$100,000 in a form approved by the commissioner, issued by an insurance company 
23.24 	or bank authorized to do so in this state. The bond or irrevocable letter of credit must 
23.25 	be available for the recovery of expenses, fines, and fees levied by the commissioner 
23.26 	under this chapter and for losses incurred by borrowers. The bond or letter of credit must 
23.27 	be submitted with the license application, and evidence of continued coverage must be 
23.28 	submitted with each renewal. Any change in the bond or letter of credit must be submitted 
23.29 	for approval by the commissioner within ten days of its executionI? or
23.30 	(3) a copy of the applicant's most recent audited financial statement, including 
23.31 	balance sheet, statement of income or loss, statements of changes in shareholder equity, 
23.32 	and statement of changes in financial position. Financial statements must be as of a date 
23.33 	within 12 months of the date of application.
23.34 	(c) The application must also include all of the following:
23.35 	~~(a)~~ (1) an affirmation under oath that the applicant:
24.1 	~~(1) will maintain competent staff and adequate staffing levels, through direct~~ 
24.2 	~~employees or otherwise, to meet the requirements of this chapter;~~ (i) is in compliance 
24.3 	with the requirements of section 58.125I?
24.4 	(ii) will maintain a perpetual roster of individuals employed as residential mortgage 
24.5 	originators, including employees and independent contractors, which includes the date that 
24.6 	mandatory initial education was completed. In addition, the roster must be made available 
24.7 	to the commissioner on demand, within three business days of the commissioner's requestI?
24.8 	~~(2)~~ (iii) will advise the commissioner of any material changes to the information 
24.9 	submitted in the most recent application within ten days of the change;
24.10 	~~(3)~~ (iv) will advise the commissioner in writing immediately of any bankruptcy 
24.11 	petitions filed against or by the applicant or licensee;
24.12 	~~(4) is financially solvent;~~ (v) will maintain at all times either a net worth, net of 
24.13 	intangibles, of at least $250,000 or a surety bond or irrevocable letter of credit in the 
24.14 	amount of at least $100,000I?
24.15 	~~(5)~~ (vi) complies with federal and state tax laws; and
24.16 	~~(6)~~ (vii) complies with sections 345.31 to 345.60, the Minnesota unclaimed property 
24.17 	law; ~~and~~
24.18 	~~(7) is, or that a person in control of the license applicant is, at least 18 years of age;~~
24.19 	~~(b)~~ (2) information as to the mortgage lending, servicing, or brokering experience 
24.20 	of the applicant and persons in control of the applicant;
24.21 	~~(c)~~ (3) information as to criminal convictions, excluding traffic violations, of persons 
24.22 	in control of the license applicant;
24.23 	~~(d)~~ (4) whether a court of competent jurisdiction has found that the applicant or 
24.24 	persons in control of the applicant have engaged in conduct evidencing gross negligence, 
24.25 	fraud, misrepresentation, or deceit in performing an act for which a license is required 
24.26 	under this chapter;
24.27 	~~(e)~~ (5) whether the applicant or persons in control of the applicant have been the 
24.28 	subject of: an order of suspension or revocation, cease and desist order, or injunctive 
24.29 	order, or order barring involvement in an industry or profession issued by this or another 
24.30 	state or federal regulatory agency or by the Secretary of Housing and Urban Development 
24.31 	within the ten-year period immediately preceding submission of the application; and
24.32 	~~(f)~~ (6) other information required by the commissioner.

24.33 	Sec. 23. Minnesota Statutes 2006, section 58.06, is amended by adding a subdivision 
24.34 	to read:
25.1 		Subd. 3.Waiver. The commissioner may, for good cause shown, waive any 
25.2 	requirement of this section with respect to any license application or to permit a license 
25.3 	applicant to submit substituted information in its license application in lieu of the 
25.4 	information required by this section.

25.5 	Sec. 24. Minnesota Statutes 2006, section 58.08, subdivision 3, is amended to read:
25.6 		Subd. 3.Exemption. ~~Subdivisions 1 and~~ Subdivision 2 ~~do~~ does not apply to 
25.7 	mortgage originators or mortgage servicers who are approved as seller/servicers by the 
25.8 	Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation.

25.9 	Sec. 25. Minnesota Statutes 2006, section 58.10, subdivision 1, is amended to read:
25.10 		Subdivision 1.Amounts. The following fees must be paid to the commissioner:
25.11 	(1) for an initial residential mortgage originator license, ~~$850~~ $5,000, $50 of which 
25.12 	is credited to the consumer education account in the special revenue fund;
25.13 	(2) for a renewal license, ~~$450~~ $2,500, $50 of which is credited to the consumer 
25.14 	education account in the special revenue fund;
25.15 	(3) for an initial residential mortgage servicer's license, $1,000;
25.16 	(4) for a renewal license, $500; and
25.17 	(5) for a certificate of exemption, $100.

25.18 	Sec. 26. [58.115] EXAMINATIONS.
25.19 	The commissioner has under this chapter the same powers with respect to 
25.20 	examinations that the commissioner has under section 46.04, including the authority to 
25.21 	charge for the direct costs of the examination, including travel and per diem expenses.

25.22 	Sec. 27. [58.126] EDUCATION REQUIREMENT.
25.23 	No person shall serve as a residential mortgage originator before the completion 
25.24 	of 16 hours of educational training which has been approved by the commissioner, and 
25.25 	covering state and federal laws concerning residential mortgage lending.

25.26 	Sec. 28. Minnesota Statutes 2006, section 80A.28, subdivision 1, is amended to read:
25.27 		Subdivision 1.Registration or notice filing fee. (a) There shall be a filing fee of 
25.28 	$100 for every application for registration or notice filing. There shall be an additional fee 
25.29 	of one-tenth of one percent of the maximum aggregate offering price at which the securities 
25.30 	are to be offered in this state, and the maximum combined fees shall not exceed $300.
26.1 	(b) When an application for registration is withdrawn before the effective date or a 
26.2 	preeffective stop order is entered under section 80A.13, subdivision 1, all but the $100 
26.3 	filing fee shall be returned. If an application to register securities is denied, the total of all 
26.4 	fees received shall be retained. 
26.5 	(c) Where a filing is made in connection with a federal covered security under 
26.6 	section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing. 
26.7 	If the filing is made in connection with redeemable securities issued by an open end 
26.8 	management company or unit investment trust, as defined in the Investment Company 
26.9 	Act of 1940, there is an additional annual fee of 1/20 of one percent of the maximum 
26.10 	aggregate offering price at which the securities are to be offered in this state during the 
26.11 	notice filing period. The fee must be paid at the time of the initial filing and thereafter 
26.12 	in connection with each renewal no later than July 1 of each year and must be sufficient 
26.13 	to cover the shares the issuer expects to sell in this state over the next 12 months. If 
26.14 	during a current notice filing the issuer determines it is likely to sell shares in excess of 
26.15 	the shares for which fees have been paid to the commissioner, the issuer shall submit an 
26.16 	amended notice filing to the commissioner under section 80A.122, subdivision 1, clause 
26.17 	(3), together with a fee of 1/20 of one percent of the maximum aggregate offering price 
26.18 	of the additional shares. Shares for which a fee has been paid, but which have not been 
26.19 	sold at the time of expiration of the notice filing, may not be sold unless an additional fee 
26.20 	to cover the shares has been paid to the commissioner as provided in this section and 
26.21 	section 80A.122, subdivision 4a. If the filing is made in connection with redeemable 
26.22 	securities issued by such a company or trust, there is no maximum fee for securities filings 
26.23 	made according to this paragraph. If the filing is made in connection with any other 
26.24 	federal covered security under Section 18(b)(2) of the Securities Act of 1933, there is an 
26.25 	additional fee of one-tenth of one percent of the maximum aggregate offering price at 
26.26 	which the securities are to be offered in this state, and the combined fees shall not exceed 
26.27 	$300. Beginning with fiscal year 2001 and continuing each fiscal year thereafter, as of the 
26.28 	last day of each fiscal year, the commissioner shall determine the total amount of all fees 
26.29 	that were collected under this paragraph in connection with any filings made for that fiscal 
26.30 	year for securities of an open-end investment company on behalf of a security that is a 
26.31 	federal covered security pursuant to section 18(b)(2) of the Securities Act of 1933. To the 
26.32 	extent the total fees collected by the commissioner in connection with these filings exceed 
26.33 	~~$25,000,000~~ $25,600,000 in a fiscal year, the commissioner shall refund, on a pro rata 
26.34 	basis, to all persons who paid any fees for that fiscal year, the amount of fees collected by 
26.35 	the commissioner in excess of ~~$25,000,000~~ $25,600,000. No individual refund is required 
26.36 	of amounts of $100 or less for a fiscal year. 

27.1 	Sec. 29. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to read:
27.2 		Subdivision 1.Grant account. A contaminated site cleanup and development grant 
27.3 	account is created in the ~~general~~ special revenue fund. Money in the account may be used~~,~~ 
27.4 	~~as appropriated by law,~~ to make grants as provided in section 116J.554 and to pay for the 
27.5 	commissioner's costs in reviewing applications and making grants. Notwithstanding 
27.6 	section 16A.28, money appropriated to the account is available for four years.

27.7 	Sec. 30. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
27.8 		Subdivision 1.Commissioner discretion. The commissioner may make a grant for 
27.9 	up to 50 percent of the eligible costs of a project. The determination of whether to make a 
27.10 	grant for a site is within the discretion of the commissioner, subject to this section and 
27.11 	sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment 
27.12 	account.  ~~If the commissioner determines that the applications for grants for projects in~~ 
27.13 	~~greater Minnesota are less than the amount of grant funds available, the commissioner~~ 
27.14 	~~may make grants for projects anywhere in Minnesota.~~ The commissioner's decisions and 
27.15 	application of the priorities under this section are not subject to judicial review, except 
27.16 	for abuse of discretion.

27.17 	Sec. 31. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
27.18 		Subd. 1a.Priorities. (a) If applications for grants exceed the available 
27.19 	appropriations, grants shall be made for sites that, in the commissioner's judgment, provide 
27.20 	the highest return in public benefits for the public costs incurred. "Public benefits" include 
27.21 	job creation, bioscience development, environmental benefits to the state and region, 
27.22 	efficient use of public transportation, efficient use of existing infrastructure, provision of 
27.23 	affordable housing, multiuse development that constitutes community rebuilding rather 
27.24 	than single-use development, crime reduction, blight reduction, community stabilization, 
27.25 	and property tax base maintenance or improvement. In making this judgment, the 
27.26 	commissioner shall give priority to redevelopment projects with one or more of the 
27.27 	following characteristics:
27.28 	(1) the need for redevelopment in conjunction with contamination remediation needs;
27.29 	(2) the redevelopment project meets current tax increment financing requirements 
27.30 	for a redevelopment district and tax increments will contribute to the project;
27.31 	(3) the redevelopment potential within the municipality;
27.32 	(4) proximity to public transit if located in the metropolitan area; and
27.33 	(5) multijurisdictional projects that take into account the need for affordable housing, 
27.34 	transportation, and environmental impact.
28.1 	(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the 
28.2 	commissioner may weigh each factor, depending upon the facts and circumstances, as 
28.3 	the commissioner considers appropriate. The commissioner may consider other factors 
28.4 	that affect the net return of public benefits for completion of the redevelopment plan. The 
28.5 	commissioner, notwithstanding the listing of priorities and the goal of maximizing the 
28.6 	return of public benefits, shall make grants that distribute available money to sites both 
28.7 	within and outside the metropolitan area, at least 25 percent of the money provided as 
28.8 	grants must be made for sites located outside of the metropolitan area.

28.9 	Sec. 32. Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to read:
28.10 		Subd. 3.Other duties. (a) The commissioner shall:
28.11 	(1) provide mediation services as requested by the parties until the parties reach 
28.12 	agreement, and may continue to assist parties after they have submitted their final 
28.13 	positions for interest arbitration;
28.14 	(2) issue notices, subpoenas, and orders required by law to carry out duties under 
28.15 	sections 179A.01 to 179A.25; 
28.16 	(3) assist the parties in formulating petitions, notices, and other papers required to 
28.17 	be filed with the commissioner;
28.18 	(4) conduct elections;
28.19 	(5) certify the final results of any election or other voting procedure conducted 
28.20 	under sections 179A.01 to 179A.25; 
28.21 	(6) adopt rules relating to the administration of this chapter and the conduct of 
28.22 	hearings and elections;
28.23 	(7) receive, catalogue, file, and make available to the public all decisions of 
28.24 	arbitrators and panels authorized by sections 179A.01 to 179A.25, all grievance arbitration 
28.25 	decisions, and the commissioner's orders and decisions; 
28.26 	(8) adopt, subject to chapter 14, a grievance procedure that fulfills the purposes of 
28.27 	section 179A.20, subdivision 4, that is available to any employee in a unit not covered by 
28.28 	a contractual grievance procedure; 
28.29 	(9) maintain a schedule of state employee classifications or positions assigned to 
28.30 	each unit established in section 179A.10, subdivision 2; 
28.31 	(10) collect fees established by rule for empanelment of persons on the labor 
28.32 	arbitrator roster maintained by the commissioner or in conjunction with fair share fee 
28.33 	challenges. Arbitrator application fees will be $100 per year for initial and renewals 
28.34 	effective July 1, 2007;
29.1 	(11) provide technical support and assistance to voluntary joint labor-management 
29.2 	committees established for the purpose of improving relationships between exclusive 
29.3 	representatives and employers, at the discretion of the commissioner;
29.4 	(12) provide to the parties a list of arbitrators as required by section 179A.16, 
29.5 	subdivision 4; and 
29.6 	(13) maintain a list of up to 60 arbitrators for referral to employers and exclusive 
29.7 	representatives for the resolution of grievance or interest disputes. Each person on the 
29.8 	list must be knowledgeable about collective bargaining and labor relations in the public 
29.9 	sector, well versed in state and federal labor law, and experienced in and knowledgeable 
29.10 	about labor arbitration. To the extent practicable, the commissioner shall appoint members 
29.11 	to the list so that the list is gender and racially diverse.
29.12 	(b) From the names provided by representative organizations, the commissioner 
29.13 	shall maintain a list of arbitrators to conduct teacher discharge or termination hearings 
29.14 	according to section 122A.40 or 122A.41. The persons on the list must meet at least 
29.15 	one of the following requirements: 
29.16 	(1) be a former or retired judge;
29.17 	(2) be a qualified arbitrator on the list maintained by the bureau;
29.18 	(3) be a present, former, or retired administrative law judge; or
29.19 	(4) be a neutral individual who is learned in the law and admitted to practice in 
29.20 	Minnesota, who is qualified by experience to conduct these hearings, and who is without 
29.21 	bias to either party.
29.22 	Each year, education Minnesota shall provide a list of up to 14 names and the 
29.23 	Minnesota School Boards Association a list of up to 14 names of persons to be on the list. 
29.24 	The commissioner may adopt rules about maintaining and updating the list.

29.25 	Sec. 33. Minnesota Statutes 2006, section 270.97, is amended to read:
29.26 	270.97 DEPOSIT OF REVENUES.
29.27 	The commissioner shall deposit all revenues derived from the tax, interest, and 
29.28 	penalties received from the county in the contaminated site cleanup and development 
29.29 	account in the ~~general~~ special revenue fund.

29.30 	Sec. 34. Minnesota Statutes 2006, section 332.54, subdivision 7, is amended to read:
29.31 		Subd. 7.Fees. The fee for a credit services organization's registration is ~~$100~~
29.32 	$1,000 for issuance or renewal for each location of business.

29.33 	Sec. 35. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
30.1 		Subd. 8b.Family rental housing. It may establish a family rental housing 
30.2 	assistance program to provide loans or direct rental subsidies for housing for families 
30.3 	with incomes of up to 80 percent of state median income, or to provide grants for the 
30.4 	operating cost of public housing. Priority must be given to those developments with 
30.5 	resident families with the lowest income. The development may be financed by the 
30.6 	agency or other public or private lenders. Direct rental subsidies must be administered by 
30.7 	the agency for the benefit of eligible families. Financial assistance provided under this 
30.8 	subdivision to recipients of aid to families with dependent children must be in the form 
30.9 	of vendor payments whenever possible. Loans, grants, and direct rental subsidies under 
30.10 	this subdivision may be made only with specific appropriations by the legislature. The 
30.11 	limitations on eligible mortgagors contained in section 462A.03, subdivision 13, do not 
30.12 	apply to loans for the rehabilitation of existing housing under this subdivision. 

30.13 	Sec. 36. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
30.14 		Subd. 3.Contribution requirement. Fifty percent of the funds appropriated for 
30.15 	this section must be used for challenge grants or loans ~~which meet the requirements of this~~ 
30.16 	~~subdivision~~ for housing proposals with financial or in-kind contributions from nonstate 
30.17 	resources that reduce the need for deferred loan or grant funds from state resources. ~~These~~
30.18 	Challenge grants or loans must be used for economically viable homeownership or rental 
30.19 	housing proposals that~~:~~
30.20 	~~(1) include a financial or in-kind contribution from an area employer and either a unit~~ 
30.21 	~~of local government or a private philanthropic, religious, or charitable organization; and~~
30.22 	~~(2)~~ address the housing needs of the local work force.
30.23 	Among comparable proposals, preference shall be given to proposals that include 
30.24 	contributions from nonstate resources for the greatest portion of the total development 
30.25 	cost. Comparable proposals with contributions from local units of government or private 
30.26 	philanthropic, religious, or charitable organizations shall be given preference in awarding 
30.27 	grants or loans.
30.28 	For the purpose of this subdivision, ~~an employer~~ a contribution may consist partially 
30.29 	or wholly of the premium paid for federal housing tax credits.
30.30 	~~Preference for grants and loans shall also be given to comparable proposals that~~ 
30.31 	~~include a financial or in-kind contribution from a unit of local government, an area~~ 
30.32 	~~employer, and a private philanthropic, religious, or charitable organization.~~

30.33 	Sec. 37. [609.614] RESIDENTIAL MORTGAGE FRAUD.
31.1 		Subdivision 1.Residential mortgage fraud prohibited. Whoever with the intent to 
31.2 	defraud for the purpose of depriving another of property or for pecuniary gain, commits, 
31.3 	or permits its employees or its agents to commit, any of the following acts, is guilty of 
31.4 	residential mortgage fraud and may be sentenced as provided in subdivision 2:
31.5 	(1) knowingly makes any deliberate misstatement, misrepresentation, or omission 
31.6 	during the mortgage lending process with the intention that it be relied on by a mortgage 
31.7 	lender, borrower, or any other party to the mortgage lending processI?
31.8 	(2) knowingly uses or facilitates the use of any deliberate misstatement, 
31.9 	misrepresentation, or omission, knowing the same to contain a misstatement, 
31.10 	misrepresentation, or omission, during the mortgage lending process with the intention 
31.11 	that it be relied on by a mortgage lender, borrower, or any other party to the mortgage 
31.12 	lending processI?
31.13 	(3) receives any proceeds or any other funds in connection with a residential 
31.14 	mortgage closing that such person knew resulted from a violation of clause (1) or (2)I?
31.15 	(4) conspires to violate any of the provisions of clause (1), (2), or (3)I? or
31.16 	(5) files or causes to be filed with the official registrar of deeds of any county 
31.17 	of this state any document such person knows to contain a deliberate misstatement, 
31.18 	misrepresentation, or omission. An offense of residential mortgage fraud must not be 
31.19 	predicated solely upon information lawfully disclosed under federal disclosure laws, 
31.20 	regulations, and interpretations related to the mortgage lending process.
31.21 		Subd. 2.Sentence. Whoever violates this provision may be sentenced as provided 
31.22 	in section 609.52, subdivision 3, based on the greater of (1) the value of property, services, 
31.23 	or other benefit wrongfully obtained or attempted to obtain, or (2) the aggregate economic 
31.24 	loss suffered by any person as a result of the violation. A person convicted of a violation 
31.25 	of this section must be ordered to pay restitution to persons aggrieved by the violation. 
31.26 	Restitution must be ordered in addition to a fine or imprisonment but not in lieu of a 
31.27 	fine or imprisonment.
31.28 		Subd. 3.Definitions. (a) "Mortgage lending process" means the process through 
31.29 	which a person seeks or obtains a residential mortgage loan including, but not limited 
31.30 	to, solicitation, application, or origination, negotiation of terms, third-party provider 
31.31 	services, underwriting, signing and closing, and funding of the loan. Documents involved 
31.32 	in the mortgage lending process include, but are not limited to, uniform residential loan 
31.33 	applications or other loan applicationsI? appraisal reportsI? HUD-1 settlement statementsI? 
31.34 	supporting personal documentation for loan applications such as W-2 forms, verifications 
31.35 	of income and employment, bank statements, tax returns, and payroll stubsI? and any 
31.36 	required disclosures.
32.1 	(b) "Pattern of residential mortgage fraud" means one or more misstatements, 
32.2 	misrepresentations, or omissions made during the mortgage lending process that involve 
32.3 	two or more residential properties, which have the same or similar intents, results, 
32.4 	accomplices, victims, or methods of commission or otherwise are interrelated by 
32.5 	distinguishing characteristics.
32.6 	(c) "Person" means a natural person, corporation, company, limited liability 
32.7 	company, partnership, trustee, association, or any other entity.
32.8 	(d) "Residential mortgage loan" means a loan or agreement to extend credit made to 
32.9 	a person, which loan is secured by a deed to secure debt, security deed, mortgage, security 
32.10 	interest, deed of trust, or other document representing a security interest or lien upon any 
32.11 	interest in one-to-four family residential property located in Minnesota including the 
32.12 	renewal or refinancing of any such loan.

32.13 	Sec. 38. LICENSE RENEWAL EXTENSION.
 32.14 	The July 31, 2007, renewal date for mortgage originators is extended to October 30, 
32.15 	2007, because of the changes to the licensing requirements made by this act.

32.16 	Sec. 39.  REPEALER.
 32.17 	Minnesota Statutes 2006, section 58.08, subdivision 1, is repealed.

32.18 	ARTICLE 2
32.19 	REVISOR'S INSTRUCTION

32.20 	Section 1. REVISOR'S INSTRUCTION.
 32.21 	(a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall 
32.22 	change the terms "board" and "Board of Electricity" to "commissioner."
32.23 	(b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall 
32.24 	change the terms "commissioner" and "commissioner of health" to the term "commissioner 
32.25 	of labor and industry"; and shall change the terms "department" and "Department of 
32.26 	Health" to "Department of Labor and Industry."
32.27 	(c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 
32.28 	1346, 1350, 1360, and 7672, the revisor of statutes shall:
32.29 	(1) change the term "commissioner of administration" to "commissioner of labor 
32.30 	and industry";
32.31 	(2) change the term "Department of Administration" to "Department of Labor and 
32.32 	Industry";
33.1 	(3) change the term "Department of Administration's Building Codes and Standards 
33.2 	Division" to "Department of Labor and Industry"; and
33.3 	(4) change the term "director of the Building Codes and Standards Division of the 
33.4 	Department of Administration" to "individual appointed by the commissioner of labor and 
33.5 	industry to administer the code."

33.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

33.7 	ARTICLE 3
33.8 	CONSTRUCTION CODES AND LICENSING

33.9 	Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to 
33.10 	read:
33.11 		Subdivision 1.State Fire Code rulemaking authority. The commissioner of 
33.12 	~~public safety through the Division of Fire Marshal may promulgate~~labor and industry, 
33.13 	consistent with the recommendations of the state fire marshal, shall adopt a State Fire 
33.14 	Code and make amendments thereto in accordance with the Administrative Procedure Act 
33.15 	in chapter 14. The code and its amendments shall conform insofar as practicable to model 
33.16 	fire codes generally accepted and in use throughout the United States, with consideration 
33.17 	given to existing statewide specialty codes presently in use in the state of Minnesota. 
33.18 	Statewide specialty codes and model codes with necessary modifications may be adopted 
33.19 	by reference in accordance with section 14.07, subdivision 4. 

33.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

33.21 	Sec. 2. [326B.01] DEFINITIONS.
33.22 		Subdivision 1.Scope. The definitions in this section apply to chapter 326B.
33.23 		Subd. 2.ASME. "ASME" means the American Society of Mechanical Engineers.
33.24 		Subd. 3.Commissioner. "Commissioner" means the commissioner of labor 
33.25 	and industry or a duly designated representative of the commissioner who is either an 
33.26 	employee of the Department of Labor and Industry or a person working under contract 
33.27 	with the department.
33.28 		Subd. 4.Department. "Department" means the Department of Labor and Industry.
33.29 		Subd. 5.Day. "Day" means calendar day unless otherwise provided.
33.30 		Subd. 6.Individual. "Individual" means a human being.
33.31 		Subd. 7.Person. "Person" means any individual, limited liability company, 
33.32 	corporation, partnership, incorporated or unincorporated association, sole proprietorship, 
33.33 	joint stock company, or any other legal or commercial entity.

34.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

34.2 	Sec. 3. [326B.02] POWERS.
34.3 		Subdivision 1.Transfer of responsibilities. The responsibilities of the 
34.4 	commissioner of administration relating to the state building code, sections 16B.59 to 
34.5 	16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; 
34.6 	manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory 
34.7 	warranties in connection with the sale of dwellings and home improvement work, chapter 
34.8 	327A, are transferred under section 15.039 to the commissioner of labor and industry as 
34.9 	amended and recodified in this chapter. The responsibilities of the commissioner of health 
34.10 	relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and 
34.11 	326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to 
34.12 	326.65, are transferred under section 15.039 to the commissioner of labor and industry 
34.13 	as amended and recodified in this chapter. The responsibilities of the commissioner of 
34.14 	commerce relating to residential contractors, residential remodelers, residential roofers, 
34.15 	manufactured home installers, and the contractor's recovery fund under sections 45.027 to 
34.16 	45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of 
34.17 	labor and industry as amended and recodified in this chapter. The responsibilities of the 
34.18 	Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and 
34.19 	326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and 
34.20 	industry as amended and recodified in this chapter.
34.21 		Subd. 2.Definition of responsibilities. For purposes of subdivision 1, 
34.22 	responsibilities include powers, duties, rights, obligations, and other authority imposed by 
34.23 	law on the commissioner and the department.
34.24 		Subd. 3.State fire marshal cooperation. The state fire marshal shall work with the 
34.25 	commissioner to improve the delivery of services to the public through the coordination 
34.26 	of services and utilization of technology.
34.27 		Subd. 4.General rulemaking authority. The commissioner may, under the 
34.28 	rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, 
34.29 	amend, suspend, and repeal rules relating to the commissioner's responsibilities under 
34.30 	this chapter.

34.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

34.32 	Sec. 4. [326B.04] DEPOSIT OF MONEY.
34.33 		Subdivision 1.Construction code fund. There is created in the state treasury 
34.34 	a construction code fund as a special revenue fund for the purpose of administering this 
35.1 	chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those 
35.2 	sections, except penalties, are credited to the construction code fund unless otherwise 
35.3 	specifically designated by law. Any interest or profit accruing from investment of these 
35.4 	sums is credited to the construction code fund. All money collected in the construction 
35.5 	code fund is appropriated to the commissioner to administer and enforce the provisions 
35.6 	of these laws.
35.7 	Unless otherwise provided by law, all penalties assessed under this chapter, section 
35.8 	327.35, and chapter 327B are credited to the assigned risk safety account established 
35.9 	by section 79.253.
35.10 		Subd. 2.Deposits. All remaining balances as of June 30, 2007, in the state 
35.11 	government special revenue fund and special revenue fund accounts maintained for 
35.12 	the Building Codes and Standards Division, Board of Electricity, and plumbing and 
35.13 	engineering unit are transferred to the construction code fund. Unless otherwise 
35.14 	specifically designated by law: (1) all money collected under chapter 183 and sections 
35.15 	16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57 
35.16 	to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, 
35.17 	is credited to the construction code fund; (2) all fees collected under section 45.23 in 
35.18 	connection with continuing education for residential contractors, residential remodelers, 
35.19 	and residential roofers are credited to the construction code fund; and (3) all penalties 
35.20 	assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under 
35.21 	sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45 
35.22 	or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned 
35.23 	risk safety account established by section 79.253.

35.24 	EFFECTIVE DATE. This section is effective July 1, 2007.

35.25 	Sec. 5. [326B.05] EXAM ADMINISTRATION.
35.26 	The commissioner may contract with an examination service to develop and 
35.27 	administer examinations. The contract may provide for the examination service to charge 
35.28 	an examination fee to each examinee. The examination fee shall be set by the contract. 
35.29 	For the purposes of these contracts, the department is not required to comply with section 
35.30 	16A.1283.

35.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

35.32 	Sec. 6. [326B.051] COMMISSIONER AUTHORIZED TO HIRE CONTRACT 
35.33 	INSPECTORS.
36.1 	The commissioner is authorized to contract with and fix the compensation 
36.2 	of inspectors for the purpose of inspecting elevators as defined by section 16B.74, 
36.3 	subdivision 5, and as required by section 16B.61, subdivision 1a. For the purposes of these 
36.4 	contracts, the department is required to comply with section 15.061. The department is not 
36.5 	required to comply with section 16B.748, clause (2), until the commissioner adopts rules 
36.6 	using the expedited process established in section 14.389, subdivision 5, or December 
36.7 	31, 2009, whichever occurs first.

36.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

36.9 	Sec. 7. [326B.06] BONDS.
36.10 	Bonds issued under this chapter are not state bonds or contracts for purposes of 
36.11 	sections 8.05 and 16C.05, subdivision 2.

36.12 	Sec. 8. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
36.13 	The commissioner shall not be subject to subpoena for purposes of providing expert 
36.14 	testimony or for purposes of providing testimony or documents, as that term is defined in 
36.15 	section 326B.081, subdivision 4, about an investigation or inspection conducted by the 
36.16 	commissioner, except in an enforcement proceeding brought by the commissioner.

36.17 	ARTICLE 4
36.18 	ENFORCEMENT

36.19 	Section 1. [326B.081] DEFINITIONS.
36.20 		Subdivision 1.Application. For purposes of sections 326B.081 to 326B.085, the 
36.21 	terms defined in this section have the meanings given them.
36.22 		Subd. 2.Administrative order. "Administrative order" means an order issued 
36.23 	under section 326B.082, subdivision 7.
36.24 		Subd. 3.Applicable law. "Applicable law" means the provisions of sections 
36.25 	326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders, 
36.26 	stipulation agreements, settlements, compliance agreements, licenses, registrations, 
36.27 	certificates, and permits adopted, issued, or enforced by the department under sections 
36.28 	326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
36.29 		Subd. 4.Document or documents. "Document" or "documents" includes papers; 
36.30 	books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; 
36.31 	digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; 
36.32 	invoices; bills; notes; and calendars maintained in any form or manner.
37.1 		Subd. 5.Final. "Final" when used to describe any order issued under section 
37.2 	326B.082 means that:
37.3 	(1) no request for hearing in connection with the order was filed in the manner and 
37.4 	within the time provided by section 326B.082; 
37.5 	(2) all requests for hearing have been withdrawn;
37.6 	(3) an agreement that resolves the order has been signed by all the parties; or
37.7 	(4) after the filing of a request for hearing, an order has been issued by the 
37.8 	commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been 
37.9 	pursued or forgone.
37.10 		Subd. 6.Licensing order. "Licensing order" means an order issued under section 
37.11 	326B.082, subdivision 12, paragraph (a).
37.12 		Subd. 7.Minimum qualifications. "Minimum qualifications" means the 
37.13 	educational, experience, fee, examination, application, and other eligibility requirements 
37.14 	that an applicant must meet in order to obtain a license, registration, certificate, or 
37.15 	permit under the applicable law. For an applicant that is not an individual, the minimum 
37.16 	qualifications include the requirement that an employee or other individual associated 
37.17 	with the applicant hold a license.
37.18 		Subd. 8.Stop order. "Stop order" means an order issued under section 326B.082, 
37.19 	subdivision 10.

37.20 	Sec. 2. [326B.082] ENFORCEMENT.
37.21 		Subdivision 1.Remedies available. The commissioner may enforce all applicable 
37.22 	law under this section. The commissioner may use any enforcement provision in this 
37.23 	section, including the assessment of monetary penalties, against a person required to have 
37.24 	a license, registration, certificate, or permit under the applicable law based on conduct 
37.25 	that would provide grounds for action against a licensee, registrant, certificate holder, 
37.26 	or permit holder under the applicable law. The use of an enforcement provision in this 
37.27 	section shall not preclude the use of any other enforcement provision in this section or 
37.28 	otherwise provided by law.
37.29 		Subd. 2.Access to information and property; subpoenas. (a) In order to carry out 
37.30 	the purposes of the applicable law, the commissioner may:
37.31 	(1) administer oaths and affirmations, certify official acts, interview, question, take 
37.32 	oral or written statements, and take depositions;
37.33 	(2) request, examine, take possession of, test, sample, measure, photograph, record, 
37.34 	and copy any documents, apparatus, devices, equipment, or materials;
38.1 	(3) at a time and place indicated by the commissioner, request persons to appear 
38.2 	before the commissioner to give testimony and produce documents, apparatus, devices, 
38.3 	equipment, or materials;
38.4 	(4) issue subpoenas to compel persons to appear before the commissioner to give 
38.5 	testimony and produce documents, apparatus, devices, equipment, or materials; and
38.6 	(5) with or without notice, enter without delay upon any property, public or private, 
38.7 	for the purpose of taking any action authorized under this subdivision or the applicable 
38.8 	law, including obtaining information, remedying violations, or conducting surveys, 
38.9 	inspections, or investigations.
38.10 	(b) Persons requested by the commissioner to give testimony or produce documents, 
38.11 	apparatus, devices, equipment, or materials shall respond within the time and in the manner 
38.12 	specified by the commissioner. If no time to respond is specified in the request, then a 
38.13 	response shall be submitted within 30 days of the commissioner's service of the request.
38.14 	(c) Upon the refusal or anticipated refusal of a property owner, lessee, property 
38.15 	owner's representative, or lessee's representative to permit the commissioner's entry onto 
38.16 	property as provided in paragraph (a), the commissioner may apply for an administrative 
38.17 	inspection order in the Ramsey County District Court or, at the commissioner's discretion, 
38.18 	in the district court in the county in which the property is located. The commissioner may 
38.19 	anticipate that a property owner or lessee will refuse entry if the property owner, lessee, 
38.20 	property owner's representative, or lessee's representative has refused to permit entry on a 
38.21 	prior occasion or has informed the commissioner that entry will be refused. Upon showing 
38.22 	of administrative probable cause by the commissioner, the district court shall issue an 
38.23 	administrative inspection order that compels the property owner or lessee to permit the 
38.24 	commissioner to enter the property for the purposes specified in paragraph (a). 
38.25 	(d) Upon the application of the commissioner, a district court shall treat the failure of 
38.26 	any person to obey a subpoena lawfully issued by the commissioner under this subdivision 
38.27 	as a contempt of court.
38.28 		Subd. 3.Service. Unless otherwise specified, service of a document on a person 
38.29 	under this section or section 326B.083 may be by mail, by personal service, or in 
38.30 	accordance with any consent to service filed with the commissioner. Service by mail shall 
38.31 	be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 
38.32 	2. Personal service shall be accomplished in the manner provided in Minnesota Rules, 
38.33 	part 1400.5550, subpart 3.
38.34 		Subd. 4.Fax transmission. When this section or section 326B.083 permits a 
38.35 	request for reconsideration or request for hearing to be served by fax on the commissioner, 
38.36 	the fax shall not exceed 15 pages in length. The request shall be considered timely 
39.1 	served if the fax is received by the commissioner, at the fax number identified by the 
39.2 	commissioner in the order or notice of violation, no later than 4:30 p.m. central time on 
39.3 	the last day permitted for faxing the request. Where the quality or authenticity of the faxed 
39.4 	request is at issue, the commissioner may require the original request to be filed. Where 
39.5 	the commissioner has not identified quality or authenticity of the faxed request as an issue 
39.6 	and the request has been faxed in accordance with this subdivision, the person faxing the 
39.7 	request does not need to file the original request with the commissioner.
39.8 		Subd. 5.Time computation. In computing any period of time prescribed or allowed 
39.9 	by this section, the day of the act, event, or default from which the designated period of 
39.10 	time begins to run shall not be included. The last day of the period so computed shall be 
39.11 	included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs 
39.12 	until the next day which is not a Saturday, Sunday, or legal holiday.
39.13 		Subd. 6.Notices of violation. (a) The commissioner may issue a notice of violation 
39.14 	to any person who the commissioner determines has committed a violation of the 
39.15 	applicable law. The notice of violation must state a summary of the facts that constitute 
39.16 	the violation and the applicable law violated. The notice of violation may require the 
39.17 	person to correct the violation. If correction is required, the notice of violation must state 
39.18 	the deadline by which the violation must be corrected.
39.19 	(b) The commissioner shall issue the notice of violation by:
39.20 	(1) serving the notice of violation on the property owner or on the person who 
39.21 	committed the violation; or
39.22 	(2) posting the notice of violation at the location where the violation occurred.
39.23 	(c) If the person to whom the commissioner has issued the notice of violation 
39.24 	believes the notice was issued in error, then the person may request reconsideration of the 
39.25 	parts of the notice that the person believes are in error. The request for reconsideration 
39.26 	must be in writing and must be served on or faxed to the commissioner at the address or 
39.27 	fax number specified in the notice of violation by the tenth day after the commissioner 
39.28 	issued the notice of violation. The date on which a request for reconsideration is served by 
39.29 	mail shall be the postmark date on the envelope in which the request for reconsideration is 
39.30 	mailed. If the person does not serve or fax a written request for reconsideration or if the 
39.31 	person's written request for reconsideration is not served on or faxed to the commissioner 
39.32 	by the tenth day after the commissioner issued the notice of violation, the notice of 
39.33 	violation shall become a final order of the commissioner and will not be subject to review 
39.34 	by any court or agency. The request for reconsideration must:
39.35 	(1) specify which parts of the notice of violation the person believes are in error;
39.36 	(2) explain why the person believes the parts are in error; and
40.1 	(3) provide documentation to support the request for reconsideration.
40.2 	The commissioner shall respond in writing to requests for reconsideration 
40.3 	made under this paragraph within 15 days after receiving the request. A request for 
40.4 	reconsideration does not stay a requirement to correct a violation as set forth in the notice 
40.5 	of violation. After reviewing the request for reconsideration, the commissioner may 
40.6 	affirm, modify, or rescind the notice of violation. The commissioner's response to a 
40.7 	request for reconsideration is final and shall not be reviewed by any court or agency.
40.8 		Subd. 7.Administrative orders; correction; assessment of monetary 
40.9 	penalties. (a) The commissioner may issue an administrative order to any person who 
40.10 	the commissioner determines has committed a violation of the applicable law. The 
40.11 	commissioner shall issue the administrative order by serving the administrative order on 
40.12 	the person. The administrative order may require the person to correct the violation, 
40.13 	may require the person to cease and desist from committing the violation, and may 
40.14 	assess monetary penalties. The commissioner shall follow the procedures in section 
40.15 	326B.083 when issuing administrative orders. Except as provided in paragraph (b), the 
40.16 	commissioner may issue to each person a monetary penalty of up to $10,000 for each 
40.17 	violation of applicable law committed by the person. The commissioner may order that 
40.18 	part or all of the monetary penalty will be forgiven if the person to whom the order is 
40.19 	issued demonstrates to the commissioner by the 31st day after the order is issued that 
40.20 	the person has corrected the violation or has developed a correction plan acceptable to 
40.21 	the commissioner.
40.22 	(b) The commissioner may issue an administrative order for failure to correct a 
40.23 	violation by the deadline stated in a final administrative order issued under paragraph (a). 
40.24 	Each day after the deadline during which the violation remains uncorrected is a separate 
40.25 	violation for purposes of calculating the maximum monetary penalty amount.
40.26 	(c) Upon the application of the commissioner, a district court shall find the failure of 
40.27 	any person to correct a violation as required by a final administrative order issued by the 
40.28 	commissioner under this subdivision as a contempt of court.
40.29 		Subd. 8.Hearings related to administrative orders. (a) Within 30 days after the 
40.30 	commissioner issues an administrative order or within 20 days after the commissioner 
40.31 	issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the 
40.32 	person to whom the administrative order or notice is issued may request an expedited 
40.33 	hearing to review the commissioner's order or notice. The request for hearing must be 
40.34 	in writing and must be served on or faxed to the commissioner at the address or fax 
40.35 	number specified in the order or notice. If the person does not request a hearing or if the 
40.36 	person's written request for hearing is not served on or faxed to the commissioner by the 
41.1 	30th day after the commissioner issues the administrative order or the 20th day after the 
41.2 	commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), 
41.3 	clause (3), the order will become a final order of the commissioner and will not be subject 
41.4 	to review by any court or agency. The date on which a request for hearing is served by 
41.5 	mail shall be the postmark date on the envelope in which the request for hearing is mailed. 
41.6 	The hearing request must specifically state the reasons for seeking review of the order or 
41.7 	notice. The person to whom the order or notice is issued and the commissioner are the 
41.8 	parties to the expedited hearing. The commissioner must notify the person to whom the 
41.9 	order or notice is issued of the time and place of the hearing at least 15 days before the 
41.10 	hearing. The expedited hearing must be held within 45 days after a request for hearing has 
41.11 	been served on the commissioner unless the parties agree to a later date.
41.12 	(b) All written arguments must be submitted within ten days following the close of 
41.13 	the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
41.14 	1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in 
41.15 	consultation with the agency, adopt rules specifically applicable to cases under this section.
41.16 	(c) The administrative law judge shall issue a report making findings of fact, 
41.17 	conclusions of law, and a recommended order to the commissioner within 30 days 
41.18 	following the close of the record.
41.19 	(d) If the administrative law judge makes a finding that the hearing was requested 
41.20 	solely for purposes of delay or that the hearing request was frivolous, the commissioner 
41.21 	may add to the amount of the penalty the costs charged to the department by the Office of 
41.22 	Administrative Hearings for the hearing.
41.23 	(e) If a hearing has been held, the commissioner shall not issue a final order until 
41.24 	at least five days after the date of the administrative law judge's report. Any person 
41.25 	aggrieved by the administrative law judge's report may, within those five days, serve 
41.26 	written comments to the commissioner on the report and the commissioner shall consider 
41.27 	the comments. The commissioner's final order may be appealed in the manner provided in 
41.28 	sections 14.63 to 14.69.
41.29 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
41.30 	commissioner may bring an action for injunctive relief in the Ramsey County District 
41.31 	Court or, at the commissioner's discretion, in the district court in the county in which the 
41.32 	commissioner has determined a violation of the applicable law has occurred or is about to 
41.33 	occur to enjoin the violation. A temporary restraining order and other injunctive relief 
41.34 	shall be granted by the district court if the court determines that a person has engaged in or 
41.35 	is about to engage in an act, conduct, or practice constituting a violation of the applicable 
41.36 	law. The commissioner shall not be required to show irreparable harm.
42.1 		Subd. 10.Stop orders. (a) If the commissioner determines based on an inspection 
42.2 	or investigation that a person has violated or is about to violate the applicable law, the 
42.3 	commissioner may issue to the person a stop order requiring the person to cease and desist 
42.4 	from committing the violation.
42.5 	(b) If the commissioner determines that a condition exists on real property that 
42.6 	violates the applicable law, the commissioner may issue a stop order to the owner or 
42.7 	lessee of the real property to cease and desist from committing the violation and to correct 
42.8 	the condition that is in violation.
42.9 	(c) The commissioner shall issue the stop work order by:
42.10 	(1) serving the order on the person who has committed or is about to commit the 
42.11 	violation;
42.12 	(2) posting the order at the location where the violation was committed or is about to 
42.13 	be committed or at the location where the violating condition exists; or
42.14 	(3) serving the order on any owner or lessee of the real property where the violating 
42.15 	condition exists.
42.16 	(d) A stop order shall:
42.17 	(1) describe the act, conduct, or practice committed or about to be committed, or the 
42.18 	condition, and include a reference to the applicable law that the act, conduct, practice, or 
42.19 	condition violates or would violate; and
42.20 	(2) provide notice that any person aggrieved by the stop order may request a hearing 
42.21 	as provided in paragraph (e).
42.22 	(e) Within 30 days after the commissioner issues a stop order, any person aggrieved 
42.23 	by the order may request an expedited hearing to review the commissioner's action. 
42.24 	The request for hearing must be made in writing and must be served on or faxed to the 
42.25 	commissioner at the address or fax number specified in the order. If the person does not 
42.26 	request a hearing or if the person's written request for hearing is not served on or faxed to 
42.27 	the commissioner on or before the 30th day after the commissioner issued the stop order, 
42.28 	the order will become a final order of the commissioner and will not be subject to review 
42.29 	by any court or agency. The date on which a request for hearing is served by mail is the 
42.30 	postmark date on the envelope in which the request for hearing is mailed. The hearing 
42.31 	request must specifically state the reasons for seeking review of the order. The person who 
42.32 	requested the hearing and the commissioner are the parties to the expedited hearing. The 
42.33 	hearing shall be commenced within ten days after the commissioner receives the request 
42.34 	for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
42.35 	1400.8612, as modified by this subdivision. The administrative law judge shall issue a 
42.36 	report containing findings of fact, conclusions of law, and a recommended order within 
43.1 	ten days after the conclusion of the hearing. Any party aggrieved by the administrative 
43.2 	law judge's report shall have five days after the date of the administrative law judge's 
43.3 	report to submit exceptions and argument to the commissioner. Within 15 days after 
43.4 	receiving the administrative law judge's report, the commissioner shall issue an order 
43.5 	vacating, modifying, or making permanent the stop order. The commissioner and the 
43.6 	person requesting the hearing may by agreement lengthen any time periods described in 
43.7 	this paragraph. The Office of Administrative Hearings may, in consultation with the 
43.8 	agency, adopt rules specifically applicable to cases under this subdivision.
43.9 	(f) A stop order issued under this subdivision shall be in effect until it is modified or 
43.10 	vacated by the commissioner or an appellate court. The administrative hearing provided 
43.11 	by this subdivision and any appellate judicial review as provided in chapter 14 shall 
43.12 	constitute the exclusive remedy for any person aggrieved by a stop order.
43.13 	(g) Upon the application of the commissioner, a district court shall find the failure of 
43.14 	any person to comply with a final stop order lawfully issued by the commissioner under 
43.15 	this subdivision as a contempt of court.
43.16 		Subd. 11.Licensing orders; grounds; reapplication. (a) The commissioner may 
43.17 	deny an application for a permit, license, registration, or certificate if the applicant does 
43.18 	not meet or fails to maintain the minimum qualifications for holding the permit, license, 
43.19 	registration, or certificate, or has any unresolved violations or unpaid fees or monetary 
43.20 	penalties related to the activity for which the permit, license, registration, or certificate has 
43.21 	been applied for or was issued.
43.22 	(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a 
43.23 	person's permit, license, registration, or certificate, or censure the person holding the 
43.24 	permit, license, registration, or certificate, if the commissioner finds that the person:
43.25 	(1) committed one or more violations of the applicable law;
43.26 	(2) submitted false or misleading information to the state in connection with 
43.27 	activities for which the permit, license, registration, or certificate was issued, or in 
43.28 	connection with the application for the permit, license, registration, or certificate;
43.29 	(3) allowed the alteration or use of the person's own permit, license, registration, 
43.30 	or certificate by another person;
43.31 	(4) within the previous five years, was convicted of a crime in connection with 
43.32 	activities for which the permit, license, registration, or certificate was issued;
43.33 	(5) violated a final administrative order issued under subdivision 7 or a final stop 
43.34 	order issued under subdivision 10, or injunctive relief issued under subdivision 9;
44.1 	(6) failed to cooperate with a commissioner's request to give testimony, to produce 
44.2 	documents, things, apparatus, devices, equipment, or materials, or to access property 
44.3 	under subdivision 2;
44.4 	(7) retaliated in any manner against any employee or person who is questioned by, 
44.5 	cooperates with, or provides information to the commissioner or an employee or agent 
44.6 	authorized by the commissioner who seeks access to property or things under subdivision 
44.7 	2;
44.8 	(8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
44.9 	(9) performed work in connection with the permit, license, registration, or 
44.10 	certificate or conducted the person's affairs in a manner that demonstrates incompetence, 
44.11 	untrustworthiness, or financial irresponsibility.
44.12 	(c) If the commissioner revokes a person's permit, license, registration, or certificate 
44.13 	under paragraph (b), the person is prohibited from reapplying for the same type of permit, 
44.14 	license, registration, or certificate for at least two years after the effective date of the 
44.15 	revocation. The commissioner may, as a condition of reapplication, require the person to 
44.16 	obtain a bond or comply with additional reasonable conditions the commissioner considers 
44.17 	necessary to protect the public. 
44.18 	(d) If a permit, license, registration, or certificate expires, or is surrendered, 
44.19 	withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may 
44.20 	institute a proceeding under this subdivision within two years after the permit, license, 
44.21 	registration, or certificate was last effective and enter a revocation or suspension order as 
44.22 	of the last date on which the permit, license, registration, or certificate was in effect.
44.23 		Subd. 12.Issuance of licensing orders; hearings related to licensing orders. 
44.24 	 (a) If the commissioner determines that a permit, license, registration, or certificate 
44.25 	should be conditioned, limited, suspended, revoked, or denied under subdivision 11, 
44.26 	or that the permit holder, licensee, registrant, or certificate holder should be censured 
44.27 	under subdivision 11, then the commissioner shall issue to the person an order denying, 
44.28 	conditioning, limiting, suspending, or revoking the person's permit, license, registration, 
44.29 	or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
44.30 	(b) Any order issued under paragraph (a) may include an assessment of monetary 
44.31 	penalties and may require the person to cease and desist from committing the violation 
44.32 	or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The 
44.33 	monetary penalty may be up to $10,000 for each violation or act, conduct, or practice 
44.34 	committed by the person. The procedures in section 326B.083 must be followed when 
44.35 	issuing orders under paragraph (a).
45.1 	(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom 
45.2 	the commissioner issues an order under paragraph (a) shall have 30 days after service of 
45.3 	the order to request a hearing. The request for hearing must be in writing and must be 
45.4 	served on or faxed to the commissioner at the address or fax number specified in the order 
45.5 	by the 30th day after service of the order. If the person does not request a hearing or if 
45.6 	the person's written request for hearing is not served on or faxed to the commissioner 
45.7 	by the 30th day after service of the order, the order shall become a final order of the 
45.8 	commissioner and will not be subject to review by any court or agency. The date on which 
45.9 	a request for hearing is served by mail shall be the postmark date on the envelope in which 
45.10 	the request for hearing is mailed. If the person submits to the commissioner a timely 
45.11 	request for hearing, a contested case hearing shall be held in accordance with chapter 14.
45.12 	(d) Paragraph (c) does not apply to summary suspension under subdivision 13.
45.13 		Subd. 13.Summary suspension. In any case where the commissioner has 
45.14 	issued an order to revoke or suspend a license, registration, certificate, or permit under 
45.15 	subdivision 12, the commissioner may summarily suspend the person's permit, license, 
45.16 	registration, or certificate before the order becomes final. The commissioner shall issue a 
45.17 	summary suspension order when the safety of life or property is threatened or to prevent 
45.18 	the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the 
45.19 	public. The summary suspension shall not affect the deadline for submitting a request 
45.20 	for hearing under subdivision 12. If the commissioner summarily suspends a person's 
45.21 	permit, license, registration, or certificate, a timely request for hearing submitted under 
45.22 	subdivision 12 shall also be considered a timely request for hearing on continuation of 
45.23 	the summary suspension. If the commissioner summarily suspends a person's permit, 
45.24 	license, registration, or certificate under this subdivision and the person submits a timely 
45.25 	request for a hearing, then a hearing on continuation of the summary suspension must be 
45.26 	held within ten days after the commissioner receives the request for hearing unless the 
45.27 	parties agree to a later date.
45.28 		Subd. 14.Plan for assessing penalties. The commissioner may prepare a plan for 
45.29 	assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall 
45.30 	provide a 30-day period for public comment on any such plan. Penalties assessed by the 
45.31 	commissioner in accordance with the plan shall be presumed reasonable.
45.32 		Subd. 15.Effect on other laws. Nothing in this section shall be construed to limit 
45.33 	the application of other state or federal laws, including specifically but not exclusively 
45.34 	section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a 
45.35 	permit, license, registration, or certificate issued by the commissioner.
46.1 		Subd. 16.Misdemeanor penalties. Except as otherwise provided by law, a person 
46.2 	who violates an applicable law is guilty of a misdemeanor.
46.3 		Subd. 17.Revocation and suspension of license. If a person fails to pay a penalty 
46.4 	owed under this section or section 326B.083, the commissioner may revoke, suspend, or 
46.5 	deny any or all licenses, permits, certificates, and registrations issued by the department.

46.6 	Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF 
46.7 	ADMINISTRATIVE AND LICENSING ORDERS. 
46.8 		Subdivision 1.Amount of penalty; considerations. In determining the amount of 
46.9 	a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall 
46.10 	consider the factors described in section 14.045, subdivision 3.
46.11 		Subd. 2.Contents of administrative order and licensing order. (a) An 
46.12 	administrative order and a licensing order must include:
46.13 	(1) a summary of the facts that constitute the violation or violations;
46.14 	(2) a reference to the applicable law that has been violated; and
46.15 	(3) a statement of the person's right to request a hearing.
46.16 	(b) An administrative order may include a requirement that the violation be 
46.17 	corrected. If the order includes a requirement that the violation be corrected, then the 
46.18 	order must include, in addition to any statements required under paragraphs (a) and (c), 
46.19 	the deadline by which the violation must be corrected.
46.20 	(c) An administrative order or a licensing order may assess monetary penalties. If 
46.21 	the order assesses monetary penalties, then the order must include, in addition to any 
46.22 	statements required under paragraphs (a) and (b):
46.23 	(1) a statement of the amount of the monetary penalty imposed;
46.24 	(2) a statement that, when the order becomes final, the commissioner may file and 
46.25 	enforce the unpaid portion of a penalty as a judgment in district court without further 
46.26 	notice or additional proceedings; and
46.27 	(3) if the order is an administrative order, a statement of the amount of the penalty, 
46.28 	if any, that will be forgiven if the person who is subject to the order demonstrates to the 
46.29 	commissioner by the 31st day after the order is served that the person has corrected the 
46.30 	violation or has developed a correction plan acceptable to the commissioner.
46.31 		Subd. 3.Penalty. (a) If an administrative order includes a penalty assessment, then 
46.32 	the penalty is due and payable on the date the administrative order becomes final unless 
46.33 	some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, 
46.34 	then the penalty is due and payable on the date the licensing order becomes final.
47.1 	(b) This paragraph applies if an administrative order includes a penalty assessment 
47.2 	and all or a portion of the penalty is forgivable.
47.3 	(1) If any portion of the penalty is not forgivable, that portion of the penalty is due 
47.4 	and payable ten days after the date the administrative order becomes final.
47.5 	(2) The commissioner shall forgive the forgivable portion of the penalty if the 
47.6 	commissioner determines that the violation has been corrected within the time set by 
47.7 	the order or the person to whom the order was issued has developed a correction plan 
47.8 	acceptable to the commissioner within the time set by the order.
47.9 	(3) If the commissioner determines that the person to whom the order was issued 
47.10 	has failed to correct the violation within the time set by the order or has failed to develop 
47.11 	a correction plan acceptable to the commissioner within the time set by the order, then 
47.12 	the forgivable portion of the penalty is due and payable ten days after the commissioner 
47.13 	serves notice of the determination on the person or on the date the administrative order 
47.14 	becomes final, whichever is later.
47.15 	(c) This paragraph applies if an administrative order or a licensing order includes a 
47.16 	penalty assessment and if the person subject to the order has requested a hearing. The 
47.17 	administrative law judge may not recommend a change in the amount of the penalty if 
47.18 	the penalty was assessed in accordance with a plan prepared under section 326B.082, 
47.19 	subdivision 14. If the commissioner has not prepared a plan under section 326B.082, 
47.20 	subdivision 14, then the administrative law judge may not recommend a change in the 
47.21 	amount of the penalty unless the administrative law judge determines that, based on the 
47.22 	factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
47.23 	(d) The assessment of a penalty does not preclude the use of other enforcement 
47.24 	provisions, under which penalties are not assessed, in connection with the violation for 
47.25 	which the penalty was assessed.

47.26 	Sec. 4. [326B.084] FALSE INFORMATION.
47.27 	A person subject to any of the requirements in the applicable law may not make a 
47.28 	false material statement, representation, or certification in; omit material information 
47.29 	from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, 
47.30 	or other document required under the applicable law.

47.31 	Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
47.32 	In any action brought by the commissioner for enforcement of an order issued 
47.33 	under section 326B.082 for injunctive relief, or to compel performance pursuant to the 
47.34 	applicable law, if the state finally prevails, the state, in addition to other penalties provided 
48.1 	by law, may be allowed an amount determined by the court to be the reasonable value of 
48.2 	all or part of the litigation expenses incurred by the state. In determining the amount of 
48.3 	the litigation expenses to be allowed, the court shall give consideration to the economic 
48.4 	circumstances of the defendant.

48.5 	Sec. 6. REVISOR'S INSTRUCTION.
 48.6 	The revisor of statutes shall renumber Minnesota Statutes, section 299F.011, 
48.7 	subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.

48.8 	ARTICLE 5
48.9 	BUILDING CODE

48.10 	Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
48.11 		Subd. 2.Powers and duties, general. Subject to other provisions of this chapter, 
48.12 	the commissioner is authorized to:
48.13 	(1) supervise, control, review, and approve all state contracts and purchasing;
48.14 	(2) provide agencies with supplies and equipment and operate all central store or 
48.15 	supply rooms serving more than one agency;
48.16 	(3) investigate and study the management and organization of agencies, and 
48.17 	reorganize them when necessary to ensure their effective and efficient operation;
48.18 	(4) manage and control state property, real and personal;
48.19 	(5) maintain and operate all state buildings, as described in section 16B.24, 
48.20 	subdivision 1;
48.21 	(6) supervise, control, review, and approve all capital improvements to state 
48.22 	buildings and the capitol building and grounds;
48.23 	(7) provide central duplicating, printing, and mail facilities;
48.24 	(8) oversee publication of official documents and provide for their sale;
48.25 	(9) manage and operate parking facilities for state employees and a central motor 
48.26 	pool for travel on state business; and
48.27 	~~(10) establish and administer a State Building Code; and~~
48.28 	~~(11)~~ (10) provide rental space within the capitol complex for a private day care 
48.29 	center for children of state employees. The commissioner shall contract for services as 
48.30 	provided in this chapter. The commissioner shall report back to the legislature by October 
48.31 	1, 1984, with the recommendation to implement the private day care operation.

48.32 	Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
49.1 		Subd. 4.Code. "Code" means the State Building Code adopted by the commissioner 
49.2 	of labor and industry in accordance with sections 16B.59 to 16B.75.

49.3 	Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
49.4 		Subd. 7.~~Physically disabled~~ Person with a disability. ~~"Physically disabled" means~~ 
49.5 	~~having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities~~ 
49.6 	~~of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,~~ 
49.7 	~~or perceptiveness.~~ "Person with a disability" or "persons with disabilities" includes 
49.8 	people who have a vision disability, a hearing disability, a disability of coordination, a 
49.9 	disability of aging, or any other disability that significantly reduces mobility, flexibility, 
49.10 	coordination, or perceptiveness.

49.11 	Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
49.12 		Subd. 8.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
49.13 	public building in whole or in part in order to bring it ~~up to date in~~ into conformity with 
49.14 	present uses of the structure and to which other rules on the upgrading of health and 
49.15 	safety provisions are applicable.

49.16 	Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
49.17 		Subd. 11.State licensed ~~facilities~~ facility. "State licensed ~~facilities~~ facility" means 
49.18 	a building and its grounds that are licensed by the state as a hospital, nursing home, 
49.19 	supervised living facility, free-standing outpatient surgical center, ~~or~~ correctional facility, 
49.20 	boarding care home, or residential hospice.

49.21 	Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
49.22 	16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND 
49.23 	INDUSTRY.
49.24 		Subdivision 1.Adoption of code. Subject to sections 16B.59 to 16B.75, 
49.25 	the commissioner shall by rule establish a code of standards for the construction, 
49.26 	reconstruction, alteration, and repair of buildings, governing matters of structural 
49.27 	materials, design and construction, fire protection, health, sanitation, and safety, including 
49.28 	design and construction standards regarding heat loss control, illumination, and climate 
49.29 	control. The code must also include duties and responsibilities for code administration, 
49.30 	including procedures for administrative action, penalties, and suspension and revocation 
49.31 	of certification. The code must conform insofar as practicable to model building codes 
49.32 	generally accepted and in use throughout the United States, including a code for 
50.1 	building conservation. In the preparation of the code, consideration must be given to 
50.2 	the existing statewide specialty codes presently in use in the state. Model codes with 
50.3 	necessary modifications and statewide specialty codes may be adopted by reference. 
50.4 	The code must be based on the application of scientific principles, approved tests, and 
50.5 	professional judgment. To the extent possible, the code must be adopted in terms of 
50.6 	desired results instead of the means of achieving those results, avoiding wherever possible 
50.7 	the incorporation of specifications of particular methods or materials. To that end the 
50.8 	code must encourage the use of new methods and new materials. Except as otherwise 
50.9 	provided in sections 16B.59 to 16B.75, the commissioner shall administer and enforce 
50.10 	the provisions of those sections. 
50.11 	The commissioner shall develop rules addressing the plan review fee assessed 
50.12 	to similar buildings without significant modifications including provisions for use of 
50.13 	building systems as specified in the industrial/modular program specified in section 
50.14 	16B.75. Additional plan review fees associated with similar plans must be based on costs 
50.15 	commensurate with the direct and indirect costs of the service. 
50.16 		Subd. 1a.Administration by commissioner. The commissioner shall administer 
50.17 	and enforce the State Building Code as a municipality with respect to public buildings and 
50.18 	state licensed facilities in the state. The commissioner shall establish appropriate permit, 
50.19 	plan review, ~~and~~ inspection fees, and surcharges for public buildings and state licensed 
50.20 	facilities. ~~Fees and surcharges for public buildings and state licensed facilities must be~~ 
50.21 	~~remitted to the commissioner, who shall deposit them in the state treasury for credit to~~ 
50.22 	~~the special revenue fund.~~
50.23 	Municipalities other than the state having an agreement with the commissioner 
50.24 	for code administration and enforcement service for public buildings and state licensed 
50.25 	facilities shall charge their customary fees, including surcharge, to be paid directly to the 
50.26 	jurisdiction by the applicant seeking authorization to construct a public building or a state 
50.27 	licensed facility. The commissioner shall sign an agreement with a municipality other than 
50.28 	the state for plan review, code administration, and code enforcement service for public 
50.29 	buildings and state licensed facilities in the jurisdiction if the building officials of the 
50.30 	municipality meet the requirements of section 16B.65 and wish to provide those services 
50.31 	and if the commissioner determines that the municipality has enough adequately trained 
50.32 	and qualified building inspectors to provide those services for the construction project. 
50.33 	The commissioner may direct the state building official to assist a community that 
50.34 	has been affected by a natural disaster with building evaluation and other activities related 
50.35 	to building codes.
51.1 	Administration and enforcement in a municipality under this section must apply 
51.2 	any optional provisions of the State Building Code adopted by the municipality. A 
51.3 	municipality adopting any optional code provision shall notify the state building official 
51.4 	within 30 days of its adoption.
51.5 	The commissioner shall administer and enforce the provisions of the code relating to 
51.6 	elevators statewide, except as provided for under section 16B.747, subdivision 3. 
51.7 		Subd. 2.Enforcement by certain bodies. Under the direction and supervision of 
51.8 	the commissioner, the provisions of the code relating to electrical installations ~~shall be~~ 
51.9 	~~enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,~~ 
51.10 	~~the provisions relating to~~, plumbing ~~shall be enforced by the commissioner of health,~~ 
51.11 	~~the provisions relating to~~, boilers, high pressure steam piping and appurtenances, and 
51.12 	ammonia refrigeration piping~~, and bioprocess piping~~ shall be enforced by the Department 
51.13 	of Labor and Industry. Fees for inspections conducted by the ~~State Board of Electricity~~
51.14 	commissioner shall be paid in accordance with the rules of the ~~State Board of Electricity~~
51.15 	department. Under direction of the commissioner of public safety, the state fire marshal 
51.16 	shall enforce the State Fire Code as provided in chapter 299F. The commissioner~~, in~~ 
51.17 	~~consultation with the commissioner of labor and industry,~~ shall adopt amendments to the 
51.18 	mechanical code portion of the State Building Code to implement standards for process 
51.19 	piping.
51.20 		Subd. 3.Special requirements. (a) Space for commuter vans. The code must 
51.21 	require that any parking ramp or other parking facility constructed in accordance with the 
51.22 	code include an appropriate number of spaces suitable for the parking of motor vehicles 
51.23 	having a capacity of seven to 16 persons and which are principally used to provide 
51.24 	prearranged commuter transportation of employees to or from their place of employment 
51.25 	or to or from a transit stop authorized by a local transit authority. 
51.26 	(b)  Smoke detection devices. The code must require that all dwellings, lodging 
51.27 	houses, apartment houses, and hotels as defined in section 299F.362 comply with the 
51.28 	provisions of section 299F.362. 
51.29 	(c)  Doors in nursing homes and hospitals. The State Building Code may not 
51.30 	require that each door entering a sleeping or patient's room from a corridor in a nursing 
51.31 	home or hospital with an approved complete standard automatic fire extinguishing system 
51.32 	be constructed or maintained as self-closing or automatically closing. 
51.33 	(d)  Child care facilities in churches; ground level exit. A licensed day care center 
51.34 	serving fewer than 30 preschool age persons and which is located in a belowground space 
51.35 	in a church building is exempt from the State Building Code requirement for a ground 
51.36 	level exit when the center has more than two stairways to the ground level and its exit. 
52.1 	~~(e)Child care facilities in churches; vertical access.Until August 1, 1996, an~~ 
52.2 	~~organization providing child care in an existing church building which is exempt from~~ 
52.3 	~~taxation under section 272.02, subdivision 6, shall have five years from the date of initial~~ 
52.4 	~~licensure under chapter 245A to provide interior vertical access, such as an elevator, to~~ 
52.5 	~~persons with disabilities as required by the State Building Code. To obtain the extension,~~ 
52.6 	~~the organization providing child care must secure a $2,500 performance bond with the~~ 
52.7 	~~commissioner of human services to ensure that interior vertical access is achieved by the~~ 
52.8 	~~agreed upon date.~~ 
52.9 	~~(f)~~ (e)Family and group family day care. Until the legislature enacts legislation 
52.10 	specifying appropriate standards, the definition of ~~Group R-3 occupancies in~~ dwellings 
52.11 	constructed in accordance with the International Residential Code as adopted as part of the 
52.12 	State Building Code applies to family and group family day care homes licensed by the 
52.13 	Department of Human Services under Minnesota Rules, chapter 9502. 
52.14 	~~(g)~~ (f)Enclosed stairways. No provision of the code or any appendix chapter of 
52.15 	the code may require stairways of existing multiple dwelling buildings of two stories or 
52.16 	less to be enclosed. 
52.17 	~~(h)~~ (g)Double cylinder dead bolt locks. No provision of the code or appendix 
52.18 	chapter of the code may prohibit double cylinder dead bolt locks in existing single-family 
52.19 	homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. 
52.20 	Any recommendation or promotion of double cylinder dead bolt locks must include a 
52.21 	warning about their potential fire danger and procedures to minimize the danger. 
52.22 	~~(i)~~ (h)Relocated residential buildings. A residential building relocated within 
52.23 	or into a political subdivision of the state need not comply with the State Energy Code 
52.24 	or section 326.371 provided that, where available, an energy audit is conducted on the 
52.25 	relocated building. 
52.26 	~~(j)~~ (i)Automatic garage door opening systems. The code must require all 
52.27 	residential buildings as defined in section 325F.82 to comply with the provisions of 
52.28 	sections 325F.82 and 325F.83. 
52.29 	~~(k)~~ (j)Exit sign illumination. For a new building on which construction is begun 
52.30 	on or after October 1, 1993, or an existing building on which remodeling affecting 50 
52.31 	percent or more of the enclosed space is begun on or after October 1, 1993, the code must 
52.32 	prohibit the use of internally illuminated exit signs whose electrical consumption during 
52.33 	nonemergency operation exceeds 20 watts of resistive power. All other requirements in 
52.34 	the code for exit signs must be complied with. 
52.35 	~~(l)~~ (k)Exterior wood decks, patios, and balconies. The code must permit the 
52.36 	decking surface and upper portions of exterior wood decks, patios, and balconies to be 
53.1 	constructed of (1) heartwood from species of wood having natural resistance to decay or 
53.2 	termites, including redwood and cedars, (2) grades of lumber which contain sapwood from 
53.3 	species of wood having natural resistance to decay or termites, including redwood and 
53.4 	cedars, or (3) treated wood. The species and grades of wood products used to construct the 
53.5 	decking surface and upper portions of exterior decks, patios, and balconies must be made 
53.6 	available to the building official on request before final construction approval. 
53.7 	~~(m)~~ (l)Bioprocess piping and equipment. No permit fee for bioprocess piping may 
53.8 	be imposed by municipalities under the State Building Code, except as required under 
53.9 	section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section 
53.10 	326.47 administered by the Department of Labor and Industry. All data regarding the 
53.11 	material production processes, including the bioprocess system's structural design and 
53.12 	layout, are nonpublic data as provided by section 13.7911.
53.13 		Subd. 3a.Recycling space. The code must require suitable space for the separation, 
53.14 	collection, and temporary storage of recyclable materials within or adjacent to new or 
53.15 	significantly remodeled structures that contain 1,000 square feet or more. Residential 
53.16 	structures with fewer than four dwelling units are exempt from this subdivision.
53.17 		Subd. 4.Review of plans for public buildings and state licensed facilities.
 53.18 	Construction or remodeling may not begin on any public building or state licensed facility 
53.19 	until the plans and specifications have been approved by the commissioner or municipality 
53.20 	under contractual agreement pursuant to subdivision 1a. The plans and specifications must 
53.21 	be submitted for review, and within 30 days after receipt of the plans and specifications, 
53.22 	the commissioner or municipality under contractual agreement shall notify the submitting 
53.23 	authority of any corrections.
53.24 		Subd. 5.Accessibility. (a) Public buildings. The code must provide for making 
53.25 	public buildings constructed or remodeled after July 1, 1963, accessible to and usable by 
53.26 	~~physically disabled~~ persons with disabilities, although this does not require the remodeling 
53.27 	of public buildings solely to provide accessibility and usability to ~~the physically disabled~~
53.28 	persons with disabilities when remodeling would not otherwise be undertaken. 
53.29 	(b) Leased space. No agency of the state may lease space for agency operations 
53.30 	in a non-state-owned building unless the building satisfies the requirements of the State 
53.31 	Building Code for accessibility by ~~the physically disabled~~ persons with disabilities, or 
53.32 	is eligible to display the state symbol of accessibility. This limitation applies to leases 
53.33 	of 30 days or more for space of at least 1,000 square feet. 
53.34 	(c) Meetings or conferences. Meetings or conferences for the public or for state 
53.35 	employees which are sponsored in whole or in part by a state agency must be held in 
53.36 	buildings that meet the State Building Code requirements relating to accessibility for 
54.1 	~~physically disabled~~ persons with disabilities. This subdivision does not apply to any 
54.2 	classes, seminars, or training programs offered by the Minnesota State Colleges and 
54.3 	Universities or the University of Minnesota. Meetings or conferences intended for specific 
54.4 	individuals none of whom need the accessibility features for ~~disabled~~ persons with 
54.5 	disabilities specified in the State Building Code need not comply with this subdivision 
54.6 	unless a ~~disabled~~ person with a disability gives reasonable advance notice of an intent to 
54.7 	attend the meeting or conference. When sign language interpreters will be provided, 
54.8 	meetings or conference sites must be chosen which allow hearing impaired participants to 
54.9 	see their signing clearly. 
54.10 	(d) Exemptions. The commissioner may grant an exemption from the requirements 
54.11 	of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable 
54.12 	efforts were made to secure facilities which complied with those requirements and if the 
54.13 	selected facilities are the best available for access for ~~disabled~~ persons with disabilities. 
54.14 	Exemptions shall be granted using criteria developed by the commissioner in consultation 
54.15 	with the Council on Disability. 
54.16 	(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation 
54.17 	International's Eleventh World Congress is the state symbol indicating buildings, facilities, 
54.18 	and grounds which are accessible to and usable by ~~disabled~~ persons with disabilities. In 
54.19 	the interests of uniformity, this symbol is the sole symbol for display in or on all public 
54.20 	or private buildings, facilities, and grounds which qualify for its use. The secretary of 
54.21 	state shall obtain the symbol and keep it on file. No building, facility, or grounds may 
54.22 	display the symbol unless it is in compliance with the rules adopted by the commissioner 
54.23 	under subdivision 1. Before any rules are proposed for adoption under this paragraph, 
54.24 	the commissioner shall consult with the Council on Disability. Rules adopted under this 
54.25 	paragraph must be enforced in the same way as other accessibility rules of the State 
54.26 	Building Code. 
54.27 	(f) Municipal enforcement. Municipalities which have not adopted the State 
54.28 	Building Code may enforce the building code requirements for ~~disabled~~ persons with 
54.29 	disabilities by either entering into a joint powers agreement for enforcement with another 
54.30 	municipality which has adopted the State Building Code; or contracting for enforcement 
54.31 	with an individual certified under section 16B.65, subdivision 3, to enforce the State 
54.32 	Building Code. 
54.33 	~~(g)Equipment allowed.The code must allow the use of vertical wheelchair lifts~~ 
54.34 	~~and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair~~ 
54.35 	~~lift must be equipped with light or sound signaling device for use during operation of the~~ 
54.36 	~~lift. The stairway or ramp shall be marked in a bright color that clearly indicates the~~ 
55.1 	~~outside edge of the lift when in operation. The code shall not require a guardrail between~~ 
55.2 	~~the lift and the stairway or ramp. Compliance with this provision by itself does not mean~~ 
55.3 	~~other disability accessibility requirements have been met.~~ 
55.4 		Subd. 6.Energy efficiency. The code must provide for building new low-income 
55.5 	housing in accordance with energy efficiency standards adopted under subdivision 1. 
55.6 	For purposes of this subdivision, low-income housing means residential housing built 
55.7 	for low-income persons and families under a program of a housing and redevelopment 
55.8 	authority, the Minnesota Housing Finance Agency, or another entity receiving money 
55.9 	from the state to construct such housing.
55.10 		Subd. 7.Access for the hearing-impaired. All rooms in the State Office Building 
55.11 	and in the Capitol that are used by the house of representatives or the senate for legislative 
55.12 	hearings, and the public galleries overlooking the house and senate chambers, must 
55.13 	be fitted with assistive listening devices for the hearing-impaired. Each hearing room 
55.14 	and the public galleries must have a sufficient number of receivers available so that 
55.15 	hearing-impaired members of the public may participate in the committee hearings and 
55.16 	public sessions of the house and senate.
55.17 		Subd. 8.Separate metering for electric service. The standards concerning heat 
55.18 	loss, illumination, and climate control adopted pursuant to subdivision 1, shall require 
55.19 	that electrical service to individual dwelling units in buildings containing two or more 
55.20 	units be separately metered, with individual metering readily accessible to the individual 
55.21 	occupants. The standards authorized by this subdivision shall only apply to buildings 
55.22 	constructed after the effective date of the amended standards. Buildings intended for 
55.23 	occupancy primarily by persons who are 62 years of age or older or disabled, or which 
55.24 	contain a majority of units not equipped with complete kitchen facilities, shall be exempt 
55.25 	from the provisions of this subdivision.

55.26 	Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
55.27 		Subd. 4.Rules. The commissioner ~~of administration~~ shall adopt rules to implement 
55.28 	this section. The rules may provide for a greater ratio of women's to men's facilities 
55.29 	for certain types of occupancies than is required in subdivision 3, and may apply the 
55.30 	required ratios to categories of occupancies other than those defined as places of public 
55.31 	accommodation under subdivision 1.

55.32 	Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
55.33 	16B.617 ENERGY CODE RULES REMAIN IN EFFECT.
56.1 	(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 
56.2 	7670, does not expire on April 15, 2000, but remains in effect for residential buildings not 
56.3 	covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter 
56.4 	7670, that apply to category 1 buildings govern new, detached single one- and two-family 
56.5 	R-3 occupancy residential buildings. All new, detached single one- and two-family R-3 
56.6 	occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application 
56.7 	for a building permit after April 14, 2000, must meet the requirements for category 1 
56.8 	buildings, as set out in Minnesota Rules, chapter 7670.
56.9 	(b) As an alternative to compliance with paragraph (a), compliance with Minnesota 
56.10 	Rules, chapters 7672 and 7674, is optional for a contractor or owner.
56.11 	~~(c) The Department of Administration, Building Codes and Standards Division~~ 
56.12 	~~(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost~~ 
56.13 	~~benefit, as well as air quality, building durability, moisture, enforcement, enforceability,~~ 
56.14 	~~and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and~~ 
56.15 	~~7674. The report must include a feasibility study of establishing new criteria for category~~ 
56.16 	~~2 detached single one- and two-family R-3 occupancy buildings that are energy efficient,~~ 
56.17 	~~enforceable, and provide sufficient nonmechanical ventilation or permeability for a home~~ 
56.18 	~~to maintain good air quality, building durability, and adequate release of moisture.~~
56.19 	~~(d)~~(c) This section expires when the commissioner ~~of administration~~ adopts a new 
56.20 	energy code in accordance with Laws 2002, chapter 317, section 4.

56.21 	Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
56.22 	16B.6175 ENERGY CODE.
56.23 	Notwithstanding section  16B.617, the commissioner ~~of administration, in~~ 
56.24 	~~consultation with the Construction Codes Advisory Council,~~ shall explore and review the 
56.25 	availability and appropriateness of any model energy codes related to the construction of 
56.26 	single one- and two-family residential buildings. ~~In consultation with the council,~~ The 
56.27 	commissioner shall take steps to adopt the chosen code with all necessary and appropriate 
56.28 	amendments. 
56.29 	The commissioner may not adopt all or part of a model energy code relating to 
56.30 	the construction of residential buildings without research and analysis that addresses, 
56.31 	at a minimum, air quality, building durability, moisture, enforcement, enforceability 
56.32 	cost benefit, and liability. The research and analysis must be completed in cooperation 
56.33 	with practitioners in residential construction and building science ~~and an affirmative~~ 
56.34 	~~recommendation by the Construction Codes Advisory Council~~.

57.1 	Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
57.2 	16B.63 STATE BUILDING OFFICIAL.
57.3 		Subdivision 1.Appointment. The commissioner shall appoint a state building 
57.4 	official who under the direction and supervision of the commissioner shall administer 
57.5 	the code.
57.6 		Subd. 2.Qualifications. To be eligible for appointment as state building official an 
57.7 	individual must be competent in the field of administration and shall have the experience 
57.8 	in building design, construction, and supervision which the commissioner considers 
57.9 	necessary.
57.10 		Subd. 3.Powers and duties. The state building official may, with the approval of 
57.11 	the commissioner, employ personnel necessary to carry out the inspector's function under 
57.12 	sections  16B.59 to  16B.75. The state building official shall distribute without charge 
57.13 	~~one copy~~ a printed or electronic version of the code to each municipality within the state. 
57.14 	~~Additional copies~~ A printed or electronic version of the code shall be made available 
57.15 	to municipalities and interested parties for a fee prescribed by the commissioner. The 
57.16 	state building official shall perform other duties in administering the code assigned by 
57.17 	the commissioner. 
57.18 		Subd. 4.Accessibility specialists. The state building official shall, with the 
57.19 	approval of the commissioner, assign three department employees to assist municipalities 
57.20 	in complying with section  16B.61, subdivision 5. 
57.21 		Subd. 5.Interpretative authority. To achieve uniform and consistent application 
57.22 	of the State Building Code, the state building official has final interpretative authority 
57.23 	applicable to all codes adopted as part of the State Building Code ~~except for the~~ 
57.24 	~~Plumbing Code and the Electrical Code when enforced by the State Board of Electricity~~. 
57.25 	A final interpretative committee composed of seven members, consisting of three 
57.26 	building officials, two inspectors from the affected field, and two construction industry 
57.27 	representatives, shall review requests for final interpretations relating to that field. A 
57.28 	request for final interpretation must come from a local or state level building code 
57.29 	board of appeals. The state building official must establish procedures for membership 
57.30 	of the interpretative committees. The appropriate committee shall review the request 
57.31 	and make a recommendation to the state building official for the final interpretation 
57.32 	within 30 days of the request. The state building official must issue an interpretation 
57.33 	within ten business days from the recommendation from the review committee. A final 
57.34 	interpretation may be appealed within 30 days of its issuance to the commissioner under 
57.35 	section  16B.67. The final interpretation must be published within ten business days of its 
57.36 	issuance and made available to the public. Municipal building officials shall administer all 
58.1 	final interpretations issued by the state building official until the final interpretations are 
58.2 	considered for adoption as part of the State Building Code. 

58.3 	Sec. 11. Minnesota Statutes 2006, section 16B.65, is amended to read:
58.4 	16B.65 BUILDING OFFICIALS.
58.5 		Subdivision 1.Designation. ~~By January 1, 2002,~~ Each municipality shall designate 
58.6 	a building official to administer the code. A municipality may designate no more than one 
58.7 	building official responsible for code administration defined by each certification category 
58.8 	established in rule. Two or more municipalities may combine in the designation of a 
58.9 	building official for the purpose of administering the provisions of the code within their 
58.10 	communities. In those municipalities for which no building officials have been designated, 
58.11 	the state building official may use whichever state employees are necessary to perform 
58.12 	the duties of the building official until the municipality makes a temporary or permanent 
58.13 	designation. All costs incurred by virtue of these services rendered by state employees 
58.14 	must be borne by the involved municipality and receipts arising from these services must 
58.15 	be paid ~~into the state treasury and credited to the special revenue fund~~ to the commissioner.
58.16 		Subd. 2.Qualifications. A building official, to be eligible for designation, must 
58.17 	be certified and have the experience in design, construction, and supervision which 
58.18 	the commissioner deems necessary and must be generally informed on the quality and 
58.19 	strength of building materials, accepted building construction requirements, and the nature 
58.20 	of equipment and needs conducive to the safety, comfort, and convenience of building 
58.21 	occupants. No person may be designated as a building official for a municipality unless 
58.22 	the commissioner determines that the official is qualified as provided in subdivision 3.
58.23 		Subd. 3.Certification. The commissioner shall by rule establish certification 
58.24 	criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
58.25 	(1) ~~prepare and conduct~~ develop and administer written and practical examinations 
58.26 	to determine if a person is qualified pursuant to subdivision 2 to be a building official;
58.27 	(2) accept documentation of successful completion of testing programs developed 
58.28 	and administered by nationally recognized testing agencies, as proof of qualification 
58.29 	pursuant to subdivision 2; or
58.30 	(3) determine qualifications by ~~both clauses (1) and (2)~~ satisfactory completion of 
58.31 	clause (2) and a mandatory training program developed or approved by the commissioner.
58.32 	Upon a determination of qualification under clause (1), (2), or ~~both of them~~ (3), 
58.33 	the commissioner shall issue a certificate to the building official stating that the official 
58.34 	is certified. Each person applying for examination and certification pursuant to this 
58.35 	section shall pay a nonrefundable fee of $70. The commissioner or a designee may 
59.1 	establish categories of certification that will recognize the varying complexities of code 
59.2 	enforcement in the municipalities within the state. The commissioner shall provide 
59.3 	educational programs designed to train and assist building officials in carrying out their 
59.4 	responsibilities.
59.5 	~~The Department of Employee Relations may, at the request of the commissioner,~~ 
59.6 	~~provide statewide testing services.~~
59.7 		Subd. 4.Duties. Building officials shall, in the municipality for which they 
59.8 	are designated, be responsible for all aspects of code administration for which they 
59.9 	are certified, including the issuance of all building permits and the inspection of all 
59.10 	manufactured home installations. The commissioner may direct a municipality with 
59.11 	a building official to perform services for another municipality, and in that event the 
59.12 	municipality being served shall pay the municipality rendering the services the reasonable 
59.13 	costs of the services. The costs may be subject to approval by the commissioner.
59.14 		Subd. 5.Oversight committee. (a) The commissioner shall establish a Code 
59.15 	Administration Oversight Committee ~~to evaluate, mediate, and~~ that will, at the 
59.16 	commissioner's request, recommend to the commissioner ~~any administrative action,~~ 
59.17 	~~penalty, suspension, or revocation with respect~~ appropriate action pursuant to section 
59.18 	326B.82, in response to ~~complaints filed with or~~ information received or obtained by the 
59.19 	commissioner ~~alleging or indicating~~  that supports a finding that: (1) an individual has 
59.20 	engaged in, or is about to engage in, the unauthorized performance of ~~official~~ the duties 
59.21 	of a certified building official or the unauthorized use of the ~~title~~ certified building official~~,~~
59.22 	title; or ~~a violation of~~(2) a certified building official has violated a statute, rule, stipulation, 
59.23 	agreement, settlement, compliance agreement, cease and desist agreement, or order that 
59.24 	the commissioner has adopted, issued, or ~~is empowered~~ has the authority to enforce and 
59.25 	that is related to the duties of a certified building official. 
59.26 	(b) The committee ~~consists~~ shall consist of six members. One member shall be the 
59.27 	commissioner's designee and five members shall be certified building officials~~,~~who are 
59.28 	appointed by the commissioner. At least two of ~~whom~~ the appointed certified building 
59.29 	officials  must be from nonmetropolitan counties. For the committee members ~~must be~~ 
59.30 	~~compensated according to~~who are not state officials or employees, their compensation 
59.31 	and removal from the oversight committee is governed by section  15.059~~, subdivision 3~~. 
59.32 	The commissioner's designee shall ~~act as an ex-officio member of the oversight committee~~
59.33 	serve as the chair of the oversight committee and shall not vote. The terms of the appointed 
59.34 	members of the oversight committee shall be four years. The terms of three of the 
59.35 	appointed members shall be coterminous with the governor and the terms of the remaining 
59.36 	two appointed members shall end on the first Monday in January one year after the terms 
60.1 	of the other appointed members expire. An appointed member may be reappointed. The 
60.2 	committee is not subject to the expiration provisions of section 15.059, subdivision 5.
60.3 	~~(b)~~ (c) If the commissioner ~~has a reasonable basis to believe~~ determines that 
60.4 	~~a person~~ an individual has engaged in ~~an act or practice constituting~~ the unauthorized 
60.5 	performance of ~~official~~ the duties~~,~~ of a certified building official or the unauthorized use 
60.6 	of the ~~title~~ certified building official title, or that a ~~violation of~~ certified building official 
60.7 	has violated a statute, rule, stipulation, agreement, settlement, compliance agreement, 
60.8 	cease and desist agreement, or order that the commissioner has adopted, issued, or is 
60.9 	~~empowered~~ authorized to enforce that is related to the duties of a certified building official, 
60.10 	the commissioner may ~~proceed with~~ take administrative actions ~~or penalties as described~~ 
60.11 	~~in subdivision 5a or suspension or revocation as described in subdivision 5b.~~ against the 
60.12 	individual pursuant to section 326B.082, subdivisions 7 and 11.
60.13 		~~Subd. 5a.Administrative action and penalties.~~ ~~The commissioner shall, by rule,~~ 
60.14 	~~establish a graduated schedule of administrative actions for violations of sections 16B.59~~
60.15 	~~to  16B.75 and rules adopted under those sections. The schedule must be based on and~~ 
60.16 	~~reflect the culpability, frequency, and severity of the violator's actions. The commissioner~~ 
60.17 	~~may impose a penalty from the schedule on a certification holder for a violation of sections~~ 
60.18 	~~16B.59 to  16B.75 and rules adopted under those sections. The penalty is in addition to~~ 
60.19 	~~any criminal penalty imposed for the same violation. Administrative monetary penalties~~ 
60.20 	~~imposed by the commissioner must be paid to the special revenue fund.~~ 
60.21 		Subd. 5b.~~Suspension; revocation.~~ Grounds. ~~Except as otherwise provided for by~~ 
60.22 	~~law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue~~ 
60.23 	~~or reissue a building official certification if the applicant, building official, or certification~~ 
60.24 	~~holder:~~ In addition to the grounds set forth in section 326B.082, subdivision 11, the 
60.25 	commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or 
60.26 	may censure an applicant or individual holding a certificate, if the applicant or individual:
60.27 	(1) violates a provision of sections  16B.59 to  16B.75 or a rule adopted under those 
60.28 	sections; or
60.29 	(2) engages in fraud, deceit, or misrepresentation while performing the duties of a 
60.30 	certified building official~~;~~.
60.31 	~~(3) makes a false statement in an application submitted to the commissioner or in a~~ 
60.32 	~~document required to be submitted to the commissioner; or~~
60.33 	~~(4) violates an order of the commissioner.~~
60.34 	~~Notice must be provided and the hearing conducted in accordance with the provisions~~ 
60.35 	~~of chapter 14 governing contested case proceedings.~~ Nothing in this subdivision limits or 
61.1 	otherwise affects the authority of a municipality to dismiss or suspend a building official 
61.2 	at its discretion, except as otherwise provided for by law.
61.3 		Subd. 5c.Action against unlicensed persons. The commissioner may take any 
61.4 	administrative action provided under section 326B.082, against an individual required 
61.5 	to be certified under subdivision 3, based upon conduct that would provide grounds for 
61.6 	action against a certificate holder under this section.
61.7 		Subd. 6.Vacancies. In the event that a designated building official position is 
61.8 	vacant within a municipality, that municipality shall designate a certified building official 
61.9 	to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy 
61.10 	or designation in writing within 15 days. If the municipality fails to designate a certified 
61.11 	building official within 15 days of the occurrence of the vacancy, the state building official 
61.12 	may provide state employees to serve that function as provided in subdivision 1 until the 
61.13 	municipality makes a temporary or permanent designation. Municipalities must not issue 
61.14 	permits without a designated certified building official.
61.15 		Subd. 7.Continuing education. Subject to sections  16B.59 to  16B.75, the 
61.16 	commissioner may by rule establish or approve continuing education programs for 
61.17 	~~municipal~~ certified building officials dealing with matters of building code administration, 
61.18 	inspection, and enforcement. 
61.19 	Each person certified as a building official for the state must satisfactorily complete 
61.20 	applicable educational programs established or approved by the commissioner ~~every~~ 
61.21 	~~three calendar years~~ to retain certification.
61.22 	~~Each person certified as a building official must submit in writing to the~~ 
61.23 	~~commissioner an application for renewal of certification within 60 days of the last day of~~ 
61.24 	~~the third calendar year following the last certificate issued. Each application for renewal~~ 
61.25 	~~must be accompanied by proof of satisfactory completion of minimum continuing~~ 
61.26 	~~education requirements and the certification renewal fee established by the commissioner.~~
61.27 		Subd. 8.Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of 
61.28 	labor and industry may by rule adopt standards dealing with renewal requirements.
61.29 	(b) If the commissioner has not issued a notice of denial of application for a 
61.30 	certificate holder and if the certificate holder has properly and timely filed a fully completed 
61.31 	renewal application, then the certificate holder may continue to engage in building official 
61.32 	activities whether or not the renewed certificate has been received. Applications must be 
61.33 	made on a form approved by the commissioner. Each application for renewal must be 
61.34 	fully completed, and be accompanied by proof of the satisfactory completion of minimum 
61.35 	continuing education requirements and the certification renewal fee established by the 
61.36 	commissioner. Applications are timely if received prior to the expiration of the most 
62.1 	recently issued certificate. An application for renewal that does not contain all of the 
62.2 	information requested is an incomplete application and will not be accepted.
62.3 		Subd. 9.Expiration. All certificates expire at 11:59:59 p.m. central time on the 
62.4 	date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
62.5 		Subd. 10.Failure to renew. An individual who has failed to make a timely 
62.6 	application for renewal of a certificate is not certified and must not serve as the designated 
62.7 	building official for any municipality until a renewed certificate has been issued by the 
62.8 	commissioner.

62.9 	EFFECTIVE DATE. This section is effective July 1, 2007.

62.10 	Sec. 12. Minnesota Statutes 2006, section 16B.70, is amended to read:
62.11 	16B.70 SURCHARGE.
62.12 		Subdivision 1.Computation. To defray the costs of administering sections  
62.13 	16B.59 to  16B.76, a surcharge is imposed on all permits issued by municipalities in 
62.14 	connection with the construction of or addition or alteration to buildings and equipment or 
62.15 	appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge 
62.16 	receipts to award grants for code research and development and education. 
62.17 	If the fee for the permit issued is fixed in amount the surcharge is equivalent to 
62.18 	one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other 
62.19 	permits, the surcharge is as follows:
62.20 	(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the 
62.21 	surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, 
62.22 	or alteration;
62.23 	(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths 
62.24 	mill (.0004) of the value between $1,000,000 and $2,000,000;
62.25 	(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths 
62.26 	mill (.0003) of the value between $2,000,000 and $3,000,000;
62.27 	(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth 
62.28 	mill (.0002) of the value between $3,000,000 and $4,000,000;
62.29 	(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth 
62.30 	mill (.0001) of the value between $4,000,000 and $5,000,000; and
62.31 	(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth 
62.32 	mill (.00005) of the value that exceeds $5,000,000.
62.33 		Subd. 2.Collection and reports. All permit surcharges must be collected by each 
62.34 	municipality and a portion of them remitted to the state. Each municipality having a 
63.1 	population greater than 20,000 people shall prepare and submit to the commissioner once 
63.2 	a month a report of fees and surcharges on fees collected during the previous month 
63.3 	but shall retain the greater of two percent or that amount collected up to $25 to apply 
63.4 	against the administrative expenses the municipality incurs in collecting the surcharges. 
63.5 	All other municipalities shall submit the report and surcharges on fees once a quarter 
63.6 	but shall retain the greater of four percent or that amount collected up to $25 to apply 
63.7 	against the administrative expenses the municipalities incur in collecting the surcharges. 
63.8 	The report, which must be in a form prescribed by the commissioner, must be submitted 
63.9 	together with a remittance covering the surcharges collected by the 15th day following 
63.10 	the month or quarter in which the surcharges are collected. ~~All money collected by the~~ 
63.11 	~~commissioner through surcharges and other fees prescribed by sections  16B.59 to  16B.75~~
63.12 	~~shall be deposited in the state government special revenue fund and is appropriated to the~~ 
63.13 	~~commissioner for the purpose of administering and enforcing the State Building Code~~ 
63.14 	~~under sections  16B.59 to  16B.75.~~
63.15 		Subd. 3.Revenue to equal costs. Revenue received from the surcharge imposed 
63.16 	in subdivision 1 should approximately equal the cost, including the overhead cost, of 
63.17 	administering sections  16B.59 to  16B.75. By November 30 each year, the commissioner 
63.18 	must report to the commissioner of finance and to the legislature on changes in the 
63.19 	surcharge imposed in subdivision 1 needed to comply with this policy. In making this 
63.20 	report, the commissioner must assume that the services associated with administering 
63.21 	sections  16B.59 to  16B.75 will continue to be provided at the same level provided during 
63.22 	the fiscal year in which the report is made. 

63.23 	EFFECTIVE DATE. This section is effective July 1, 2007.

63.24 	Sec. 13. Minnesota Statutes 2006, section 16B.72, is amended to read:
63.25 	16B.72 REFERENDA ON STATE BUILDING CODE IN 
63.26 	NONMETROPOLITAN COUNTIES.
63.27 	Notwithstanding any other provision of law to the contrary, a county that is not a 
63.28 	metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote 
63.29 	of the majority of its electors residing outside of municipalities that have adopted the State 
63.30 	Building Code before January 1, 1977, that no part of the State Building Code except the 
63.31 	building requirements for ~~disabled~~ persons with disabilities, the requirements for bleacher 
63.32 	safety, and the requirements for elevator safety applies within its jurisdiction. 
63.33 	The county board may submit to the voters at a regular or special election the 
63.34 	question of adopting the building code. The county board shall submit the question to 
64.1 	the voters if it receives a petition for the question signed by a number of voters equal 
64.2 	to at least five percent of those voting in the last general election. The question on the 
64.3 	ballot must be stated substantially as follows:
64.4 	"Shall the State Building Code be adopted in .......... County?"
64.5 	If the majority of the votes cast on the proposition is in the negative, the State 
64.6 	Building Code does not apply in the subject county, outside home rule charter or statutory 
64.7 	cities or towns that adopted the building code before January 1, 1977, except the building 
64.8 	requirements for ~~disabled~~ persons  with disabilities, the requirements for bleacher safety, 
64.9 	and the requirements for elevator safety do apply.
64.10 	Nothing in this section precludes a municipality or town that has not adopted the 
64.11 	State Building Code from adopting and enforcing by ordinance or other legal means the 
64.12 	State Building Code within its jurisdiction.

64.13 	Sec. 14. Minnesota Statutes 2006, section 16B.73, is amended to read:
64.14 	16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
64.15 	LOCAL OPTION.
64.16 	The governing body of a municipality whose population is less than 2,500 may 
64.17 	provide that the State Building Code, except the requirements for ~~disabled~~ persons  with 
64.18 	disabilities, the requirements for bleacher safety, and the requirements for elevator 
64.19 	safety, will not apply within the jurisdiction of the municipality, if the municipality is 
64.20 	located in whole or in part within a county exempted from its application under section 
64.21 	16B.72. If more than one municipality has jurisdiction over an area, the State Building 
64.22 	Code continues to apply unless all municipalities having jurisdiction over the area have 
64.23 	provided that the State Building Code, except the requirements for ~~disabled~~ persons with 
64.24 	disabilities, the requirements for bleacher safety, and the requirements for elevator safety, 
64.25 	does not apply within their respective jurisdictions. Nothing in this section precludes a 
64.26 	municipality or town from adopting and enforcing by ordinance or other legal means the 
64.27 	State Building Code within its jurisdiction. 

64.28 	Sec. 15. Minnesota Statutes 2006, section 16B.735, is amended to read:
64.29 	16B.735 ENFORCEMENT OF REQUIREMENTS FOR ~~DISABLED~~
64.30 	PERSONS  WITH DISABILITIES.
64.31 	A statutory or home rule charter city that is not covered by the State Building Code 
64.32 	because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in 
64.33 	the city of the State Building Code's requirements for ~~disabled~~ persons with disabilities. In 
65.1 	all other areas where the State Building Code does not apply because of action taken under 
65.2 	section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements. 

65.3 	Sec. 16. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
65.4 		Subdivision 1.Applicability. ~~As used in~~ For the purposes of sections 16B.61, 
65.5 	16B.72, 16B.73, and 16B.74 to ~~16B.746~~ 16B.748 the terms ~~"passenger or freight elevator,"~~ 
65.6 	~~"automatic operation" and "continuous pressure operation"~~ defined in this section shall 
65.7 	have the ~~following~~ meanings given them. 

65.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

65.9 	Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
65.10 		Subd. 2.Passenger or freight elevator. "Passenger or freight elevator" means 
65.11 	all elevators except those that comply with the safety rules of the department ~~of~~ 
65.12 	~~Administration~~ relating to construction and installation and that have automatic operation 
65.13 	or continuous pressure operation.

65.14 	Sec. 18. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
65.15 	to read:
65.16 		Subd. 7.Elevator inspection. "Elevator inspection" means an examination of 
65.17 	elevator installations, repairs, alterations, removal, and construction for compliance with 
65.18 	the State Building Code that may include witnessing tests performed on elevators by 
65.19 	elevator personnel, performing tests on elevators, or an audit of records related to routine 
65.20 	and periodic maintenance and testing, or any combination thereof when performed by the 
65.21 	department or a municipality authorized to perform such inspections.

65.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

65.23 	Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
65.24 	to read:
65.25 		Subd. 8.Elevator inspector. "Elevator inspector" means an individual who meets 
65.26 	the requirements established pursuant to section 16B.748, clause (1), who is performing 
65.27 	elevator inspections for the department or a municipality authorized to perform such 
65.28 	inspections.

65.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

66.1 	Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
66.2 	to read:
66.3 		Subd. 9.Limited elevator inspector. "Limited elevator inspector" means an 
66.4 	individual who performs annual elevator inspections for the department or a municipality 
66.5 	authorized to perform such inspections. Until rules are adopted pursuant to sections 
66.6 	16B.748, clause (2), and 326B.051, the commissioner shall approve limited elevator 
66.7 	inspector qualifications.

66.8 	EFFECTIVE DATE. This section is effective the day following final enactment.

66.9 	Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read:
66.10 	16B.741 ELEVATOR ~~AVAILABLE FOR~~ INSPECTION AND REPORTING.
66.11 		Subdivision 1.Elevator available for inspection. A person~~, firm, entity, or~~ 
66.12 	~~corporation~~ that owns or controls a building or other structure housing an elevator that is 
66.13 	subject to inspection by the department, shall, upon request, provide access at a reasonable 
66.14 	hour to the elevator for purposes of inspection.
66.15 		Subd. 2.Persons required to report. The following persons shall report the 
66.16 	information specified in subdivision 3 to the commissioner by January 1, 2008:
66.17 	(a) any person that, between August 1, 2005, and July 31, 2007, has provided 
66.18 	service, alteration, repair, or maintenance to any elevator located in Minnesota;
66.19 	(b) any person that, between August 1, 2005, and July 31, 2007, has entered into an 
66.20 	agreement to provide service, alteration, repair, or maintenance to any elevator located 
66.21 	in Minnesota;
66.22 	(c) any person that owns or controls an elevator located in Minnesota that, between 
66.23 	August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or 
66.24 	maintenance on the elevator; or
66.25 	(d) any person that owns or controls an elevator located in Minnesota that, between 
66.26 	August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service, 
66.27 	alteration, repair, or maintenance on the elevator.
66.28 		Subd. 3.Elevator location, type, and installation date. On a form prescribed by 
66.29 	the commissioner, the persons required to report pursuant to subdivision 2 shall provide 
66.30 	the following:
66.31 	(a) the location of each elevator;
66.32 	(b) the type of each elevator; and
66.33 	(c) the date the elevator was installed.
67.1 		Subd. 4.Definition. As used in this section, "elevator" is as defined in section 
67.2 	16B.74, subdivision 5.

67.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

67.4 	Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read:
67.5 	16B.744 ELEVATORS, ENTRANCES SEALED.
67.6 	It shall be the duty of the department ~~of Administration~~ and the licensing authority 
67.7 	of any municipality which adopts any such ordinance whenever it finds any such elevator 
67.8 	under its jurisdiction in use in violation of any provision of sections  16B.74 to  16B.745 to 
67.9 	seal the entrances of such elevator and attach a notice forbidding the use of such elevator 
67.10 	until the provisions thereof are complied with. 

67.11 	Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
67.12 		Subdivision 1.Removal of seal. No person, firm, or corporation may remove any 
67.13 	seal or notice forbidding the use of an elevator, except by authority of the department ~~of~~ 
67.14 	~~Administration~~ or the licensing authority having jurisdiction over the elevator, or operate 
67.15 	an elevator after a notice has been attached forbidding its use, unless the notice has been 
67.16 	removed by authority of the department ~~of Administration~~ or the licensing authority 
67.17 	having jurisdiction over the elevator.

67.18 	Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
67.19 		Subd. 4.Penalties. The commissioner ~~of administration~~ shall administer sections  
67.20 	16B.74 to  16B.749. In addition to the remedies provided for violations of this chapter, 
67.21 	the commissioner may impose a penalty of up to ~~$1,000~~ $10,000 for a violation of any 
67.22 	provision of sections  16B.74 to  16B.749. 

67.23 	Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read:
67.24 	16B.747 FEES FOR LICENSURE AND INSPECTION.
67.25 		Subdivision 1.Permits. No person, firm, or corporation may construct, install, alter, 
67.26 	or remove an elevator without first filing an application for a permit with the department 
67.27 	~~of Administration~~ or a municipality authorized by subdivision 3 to inspect elevators. 
67.28 	Upon successfully completing inspection and the payment of the appropriate fee, the 
67.29 	owner must be granted an operating permit for the elevator.
68.1 		Subd. 2.Contractor licenses. The commissioner may establish criteria for the 
68.2 	qualifications of elevator contractors and issue licenses based upon proof of the applicant's 
68.3 	qualifications.
68.4 		Subd. 3.Permissive municipal regulation. A municipality may conduct a system 
68.5 	of elevator inspection in conformity with this chapter, State Building Code requirements, 
68.6 	and adopted rules that includes the inspection of elevator installation, repair, alteration, 
68.7 	and removal, construction, and the routine and periodic inspection and testing of existing 
68.8 	elevators. The municipality shall employ inspectors meeting the minimum requirements 
68.9 	established by Minnesota Rules to perform the inspections and to witness the tests. A 
68.10 	municipality may establish and retain its own fees for inspection of elevators and related 
68.11 	devices in its jurisdiction. A municipality may not adopt standards that do not conform to 
68.12 	the uniform standards prescribed by the department.
68.13 	If the commissioner determines that a municipality is not properly administering 
68.14 	and enforcing the law, rules, and codes, the commissioner shall have the inspection, 
68.15 	administration, and enforcement undertaken by a qualified inspector employed by the 
68.16 	department.
68.17 		~~Subd. 4.Deposit of fees.~~ ~~Fees received under this section must be deposited in the~~ 
68.18 	~~state treasury and credited to the special revenue fund.~~

68.19 	EFFECTIVE DATE. This section is effective July 1, 2007.

68.20 	Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read:
68.21 	16B.748 RULES.
68.22 	The commissioner may adopt rules for the following purposes:
68.23 	(1) to establish minimum qualifications for elevator inspectors that must include 
68.24 	possession of a current elevator constructor electrician's license issued by the ~~State Board~~ 
68.25 	~~of Electricity~~ department and proof of successful completion of the national elevator 
68.26 	industry education program examination or equivalent experience;
68.27 	(2) to establish minimum qualifications for limited elevator inspectors;
68.28 	~~(2)~~ (3) to establish criteria for the qualifications of elevator contractors;
68.29 	~~(3)~~ (4) to establish elevator standards under sections  16B.61, subdivisions 1 and 
68.30 	2, and  16B.64; 
68.31 	~~(4)~~ (5) to establish procedures for appeals of decisions of the commissioner under 
68.32 	chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek 
68.33 	advice from the elevator trade, building owners or managers, and others knowledgeable in 
68.34 	the installation, construction, and repair of elevators; and
69.1 	~~(5)~~ (6) to establish requirements for the registration of all elevators.

69.2 	EFFECTIVE DATE. This section is effective the day following final enactment.

69.3 	Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read:
69.4 	16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
69.5 		Subdivision 1.Membership. (a) The Construction Codes Advisory Council 
69.6 	consists of the following members:
69.7 	(1) the commissioner ~~of administration~~ or the commissioner's designee representing 
69.8 	the department's ~~Building Codes and Standards~~ Construction Codes and Licensing 
69.9 	Division;
69.10 	~~(2) the commissioner of health or the commissioner's designee representing an~~ 
69.11 	~~Environmental Health Section of the department;~~
69.12 	~~(3)~~ (2) the commissioner of public safety or the ~~commissioner's~~ commissioner of 
69.13 	public safety's designee representing the ~~department's~~Department of Public Safety's State 
69.14 	Fire Marshal Division;
69.15 	~~(4) the commissioner of commerce or the commissioner's designee representing~~ 
69.16 	~~the department's State Energy Office; and~~
69.17 	~~(5)~~ (3) one member, appointed by the commissioner, representing each of the 
69.18 	following occupations ~~or~~, entities, ~~appointed by the commissioner of administration~~ or 
69.19 	industries:
69.20 	(i) ~~a~~ certified building ~~official~~ officials;
69.21 	(ii) ~~a~~ fire ~~service representative~~ chiefs or fire marshals;
69.22 	(iii) ~~a~~ licensed ~~architect~~ architects;
69.23 	(iv) ~~a~~ licensed ~~engineer~~ professional engineers;
69.24 	(v) ~~a building owners and managers representative~~ commercial building owners 
69.25 	and managers;
69.26 	(vi) ~~a~~ the licensed residential building ~~contractor~~ industry;
69.27 	(vii) ~~a~~ the commercial building ~~contractor~~ industry;
69.28 	(viii) ~~a~~ the heating and ventilation ~~contractor~~ industry;
69.29 	(ix) ~~a~~ the plumbing ~~contractor~~ industry;
69.30 	(x) a ~~representative of a construction and building trades union; and~~ member of 
69.31 	the Electrical Advisory Council;
69.32 	(xi) ~~a local unit of government representative.~~ the high pressure piping  industry;
69.33 	(xii) the boiler industry;
69.34 	(xiii) the manufactured housing industry;
70.1 	(xiv) public utility suppliers;
70.2 	(xv) the Minnesota Building and Construction Trades Council; and
70.3 	(xvi) local units of government.
70.4 	(b) The commissioner or the commissioner's designee representing the department's 
70.5 	Construction Codes and Licensing Division shall serve as chair of the advisory council. 
70.6 	For members who are not state officials or employees, ~~terms~~, compensation~~,~~and removal~~,~~ 
70.7 	~~and the filling of vacancies~~ of members of the advisory council are governed by section  
70.8 	15.059. ~~The council shall select one of its members to serve as chair.~~  The terms of the 
70.9 	members of the advisory council shall be four years. The terms of eight of the appointed 
70.10 	members shall be coterminous with the governor and the terms of the remaining nine 
70.11 	appointed members shall end on the first Monday in January one year after the terms of 
70.12 	the other appointed members expire. An appointed member may be reappointed. Each 
70.13 	council member shall appoint an alternate to serve in their absence. The committee is not 
70.14 	subject to the expiration provision of section 15.059, subdivision 5.
70.15 	~~(c) The council expires June 30, 2003.~~
70.16 		Subd. 2.Duties of council. The council shall review laws, codes, rules, standards, 
70.17 	and licensing requirements relating to building construction and may:
70.18 	(1) recommend ways to eliminate inconsistencies, to streamline construction 
70.19 	regulation and construction ~~processes~~ procedures, and to improve procedures within 
70.20 	and among jurisdictions;
70.21 	(2) review and comment on current and proposed laws and rules to promote 
70.22 	coordination and consistency;
70.23 	(3) advise agencies on possible changes in rules to make them easier to understand 
70.24 	and apply; and
70.25 	(4) promote the coordination, within each jurisdiction, of the administration and 
70.26 	enforcement of construction codes.
70.27 	The council shall meet a minimum of two times each year. The council shall report 
70.28 	its findings and recommendations to the commissioner ~~of administration and the head of~~ 
70.29 	~~any other affected agency by the end of each calendar year~~. The council may recommend 
70.30 	changes in laws or rules governing building construction. The council may establish 
70.31 	subcommittees to facilitate its work. If the council establishes subcommittees, it shall 
70.32 	include in their memberships representation from entities and organizations expressing 
70.33 	an interest in membership. The commissioner ~~of administration~~ shall maintain a list of 
70.34 	interested entities and organizations.
70.35 		Subd. 3.Agency cooperation. State agencies and local governmental units shall 
70.36 	cooperate with the council and, so far as possible, provide information or assistance to 
71.1 	it upon its request. The commissioner ~~of administration~~ shall provide necessary staff 
71.2 	and administrative support to the council.

71.3 	Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read:
71.4 	326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
71.5 	(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 
71.6 	fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for 
71.7 	all work entered into within the state. The bond must be for the benefit of persons suffering 
71.8 	financial loss by reason of the contractor's failure to comply with the requirements of the 
71.9 	State Mechanical Code. A bond given to the state must be filed with the commissioner 
71.10 	~~of administration~~ and is in lieu of all other bonds to any political subdivision required for 
71.11 	work covered by this section. The bond must be written by a corporate surety licensed to 
71.12 	do business in the state.
71.13 	(b) The commissioner ~~of administration~~ may charge each person giving bond under 
71.14 	this section an annual bond filing fee of $15. ~~The money must be deposited in a special~~ 
71.15 	~~revenue fund and is appropriated to the commissioner to cover the cost of administering~~ 
71.16 	~~the bond program.~~

71.17 	EFFECTIVE DATE. This section is effective July 1, 2007.

71.18 	Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
71.19 		Subd. 2.Authorized representative. "Authorized representative" means any 
71.20 	person, firm or corporation, or employee thereof, approved or hired by the commissioner
71.21 	of labor and industry to perform inspection services.

71.22 	Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
71.23 		Subd. 3.Manufactured Home Building Code. "Manufactured Home Building 
71.24 	Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 
71.25 	15, 1976, the standards code promulgated by the American National Standards Institute 
71.26 	and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, 
71.27 	or the provisions of the National Fire Protection Association and identified as NFPA 501B, 
71.28 	and further revisions adopted by the commissioner of labor and industry.
71.29 	"Manufactured Home Building Code" means, for manufactured homes constructed 
71.30 	after June 14, 1976, the manufactured home construction and safety standards promulgated 
71.31 	by the United States Department of Housing and Urban Development which are in effect 
71.32 	at the time of the manufactured home's manufacture.

72.1 	Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
72.2 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
72.3 	~~administration~~ labor and industry.

72.4 	Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision 
72.5 	to read:
72.6 		Subd. 6a.Individual. "Individual" means a human being.

72.7 	Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
72.8 		Subd. 7.Person. "Person" means ~~a person, partnership, corporation or other legal~~ 
72.9 	~~entity~~ any individual, limited liability company, corporation, partnership, incorporated 
72.10 	or unincorporated association, sole proprietorship, joint stock company, or any other 
72.11 	legal or commercial entity.

72.12 	Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
72.13 		Subd. 15.Purchaser. "Purchaser" means the first ~~person~~ individual purchasing a 
72.14 	manufactured home in good faith for purposes other than resale.

72.15 	Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
72.16 		Subd. 8.Evidence of compliance. Each manufacturer, distributor, and dealer 
72.17 	shall establish and maintain records, make reports, and provide information as the 
72.18 	commissioner or the secretary may reasonably require to be able to determine whether 
72.19 	the manufacturer, distributor, or dealer has acted or is acting in compliance with sections  
72.20 	327.31 to  327.35, and shall, upon request of a person duly designated by the commissioner 
72.21 	or the secretary, permit that person to inspect appropriate books, papers, records, and 
72.22 	documents relevant to determining whether that manufacturer, distributor, or dealer 
72.23 	has acted or is acting in compliance with sections  327.31 to  327.35, and the National 
72.24 	Manufactured Home Construction and Safety Standards Act of 1974, United States 
72.25 	Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing 
72.26 	Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement 
72.27 	Act of 2000, or other applicable federal or state law. 

72.28 	Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
72.29 		Subd. 2.Fees. The commissioner shall by rule establish reasonable fees for seals, 
72.30 	installation seals and inspections which are sufficient to cover all costs incurred in the 
72.31 	administration of sections  327.31 to  327.35. The commissioner shall also establish by 
73.1 	rule a monitoring inspection fee in an amount that will comply with the secretary's fee 
73.2 	distribution program. This monitoring inspection fee shall be an amount paid by the 
73.3 	manufacturer for each manufactured home produced in Minnesota. The monitoring 
73.4 	inspection fee shall be paid by the manufacturer to the secretary. The rules of the 
73.5 	fee distribution program require the secretary to distribute the fees collected from all 
73.6 	manufactured home manufacturers among states approved and conditionally approved 
73.7 	based on the number of new manufactured homes whose first location after leaving the 
73.8 	manufacturer is on the premises of a distributor, dealer or purchaser in that state. ~~All~~ 
73.9 	~~money collected by the commissioner through fees prescribed by sections  327.31 to~~ 
73.10 	~~327.36 shall be deposited in the state government special revenue fund and is appropriated~~ 
73.11 	~~to the commissioner for the purpose of administering and enforcing the Manufactured~~ 
73.12 	~~Home Building Code under sections  327.31 to  327.36.~~

73.13 	EFFECTIVE DATE. This section is effective July 1, 2007.

73.14 	Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
73.15 		Subd. 6.Authorization as agency. The commissioner shall apply to the secretary 
73.16 	for approval of the commissioner as the administrative agency for the regulation of 
73.17 	manufactured homes under the rules of the secretary. The commissioner may make 
73.18 	rules for the administration and enforcement of department responsibilities as a state 
73.19 	administrative agency including, but not limited to, rules for the handling of citizen's 
73.20 	complaints. All money received for services provided by the commissioner or the 
73.21 	department's authorized agents as a state administrative agency shall be deposited in 
73.22 	the ~~general~~ construction code fund. The commissioner is charged with the adoption, 
73.23 	administration, and enforcement of the Manufactured Home Construction and Safety 
73.24 	Standards, consistent with rules and regulations promulgated by the United States 
73.25 	Department of Housing and Urban Development. The commissioner may adopt the 
73.26 	rules, codes, and standards necessary to enforce the standards promulgated under this 
73.27 	section. The commissioner is authorized to conduct hearings and presentations of views 
73.28 	consistent with regulations adopted by the United States Department of Housing and 
73.29 	Urban Development and to adopt rules in order to carry out this function.

73.30 	EFFECTIVE DATE. This section is effective July 1, 2007.

73.31 	Sec. 38. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
74.1 		Subd. 7.Employees. The commissioner may appoint such employees within 
74.2 	the Department of ~~Administration~~ Labor and Industry as deemed necessary for the 
74.3 	administration of sections  327.31 to  327.35. 

74.4 	Sec. 39. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
74.5 		Subd. 3.Removal of seals. Manufactured home seals remain the property of 
74.6 	the Department of ~~Administration~~ Labor and Industry and may be removed by the 
74.7 	commissioner from any manufactured home which is in violation of the Manufactured 
74.8 	Home Building Code.

74.9 	Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
74.10 		Subdivision 1.~~Civil~~Monetary penalty. Notwithstanding the penalty amount of 
74.11 	section 326B.082, subdivisions 7 and 12, any person who violates any provision of this 
74.12 	section is liable to the state of Minnesota for a ~~civil~~monetary penalty of not to exceed 
74.13 	$1,000 for each ~~offense~~ violation. Each violation involving a separate manufactured home 
74.14 	or involving a separate failure or refusal to allow or perform any act required by this 
74.15 	section constitutes a separate ~~offense~~ violation, except that the maximum ~~civil~~monetary 
74.16 	penalties for any related series of violations occurring within one year from the date of the 
74.17 	first violation may not exceed $1,000,000.

74.18 	Sec. 41. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
74.19 		Subd. 2.Willful violations. Any individual or a director, officer, or agent of a 
74.20 	corporation who knowingly and willfully violates any provision of this section in a manner 
74.21 	which threatens the health or safety of any purchaser shall be ~~fined not more than $3,000~~ 
74.22 	~~or imprisoned not more than one year, or both~~ guilty of a gross misdemeanor.

74.23 	Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
74.24 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
74.25 	~~administration~~ labor and industry.

74.26 	Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
74.27 		Subd. 5.Consumer customer. "Consumer customer" means any ~~natural person~~
74.28 	individual who, primarily for personal, household or family purposes, buys, sells, or seeks 
74.29 	to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

74.30 	Sec. 44. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
75.1 		Subd. 7.Dealer or retailer. "Dealer" or "retailer" means any person who engages 
75.2 	in the business, either exclusively or in addition to any other occupation, of selling or 
75.3 	brokering manufactured homes, new or used, or who offers to sell, solicit, broker or 
75.4 	advertise the sale of manufactured homes, new or used.

75.5 	Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
75.6 	subdivision to read:
75.7 		Subd. 10a.Individual. "Individual" means a human being.

75.8 	Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
75.9 	subdivision to read:
75.10 		Subd. 11a.Licensee. "Licensee" means a person who is licensed as a dealer, limited 
75.11 	dealer, or manufacturer by the Department of Labor and Industry.

75.12 	Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
75.13 	subdivision to read:
75.14 		Subd. 11b.Limited dealer or limited retailer. "Limited dealer" or "limited 
75.15 	retailer" means any person who is an owner of a manufactured home park authorized, as 
75.16 	principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale 
75.17 	of used manufactured homes located in the owned manufactured home park, who is the 
75.18 	title holder and engages in no more than ten sales annually.

75.19 	Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
75.20 	subdivision to read:
75.21 		Subd. 14a.Manufacturing facility. "Manufacturing facility" means the physical 
75.22 	site where a manufacturer engages in the business of manufacture, assembly, or production 
75.23 	of manufactured homes.

75.24 	Sec. 49. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
75.25 	subdivision to read:
75.26 		Subd. 16a.Owner. "Owner" means any person holding title to a manufactured 
75.27 	home park or manufactured homes.

75.28 	Sec. 50. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
76.1 		Subd. 17.Person. "Person" means any individual, limited liability company, 
76.2 	corporation, firm, partnership, incorporated and unincorporated association, sole 
76.3 	proprietorship, joint stock company, or any other legal or commercial entity.

76.4 	Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
76.5 		Subdivision 1.License ~~and~~, bond, and liability insurance required. No person 
76.6 	shall act as a dealer in manufactured homes, new or used, without a license ~~and~~, a surety 
76.7 	bond, and liability insurance as provided in this section. No person shall manufacture 
76.8 	manufactured homes without a license ~~and~~ for each manufacturing facility shipping into or 
76.9 	located within Minnesota's boundaries, a surety bond, and liability insurance as provided 
76.10 	in this section. The licensing and bonding requirements of this section do not apply to 
76.11 	any bank, savings bank, savings association, or credit union, chartered by either this state 
76.12 	or the federal government, which acts as a dealer only by repossessing manufactured 
76.13 	homes and then offering the homes for resale.

76.14 	Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
76.15 		Subd. 4.License prerequisites. No application shall be granted nor license issued 
76.16 	until the applicant proves to the commissioner that:
76.17 	(a) the applicant has a permanent, established place of business at each licensed 
76.18 	location. An "established place of business" means a permanent enclosed building other 
76.19 	than a residence, or a commercial office space, either owned by the applicant or leased by 
76.20 	the applicant for a term of at least one year, located in an area where zoning regulations 
76.21 	allow commercial activity, and where the books, records and files necessary to conduct 
76.22 	the business are kept and maintained. The owner of a licensed manufactured home park 
76.23 	who resides in or adjacent to the park may use the residence as the established place of 
76.24 	business required by this subdivision, unless prohibited by local zoning ordinance.
76.25 	If a license is granted, the licensee may use unimproved lots and premises for sale, 
76.26 	storage, and display of manufactured homes, if the licensee first notifies the commissioner 
76.27 	in writing;
76.28 	(b) if the applicant desires to sell, solicit or advertise the sale of new manufactured 
76.29 	homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor 
76.30 	of the new manufactured home it proposes to deal in;
76.31 	(c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the 
76.32 	agency and each subagency location that bears the applicant's name and the name under 
76.33 	which the applicant will be licensed and do business in this state. Each bond is for the 
76.34 	protection of consumer customers, and must be executed by the applicant as principal and 
77.1 	issued by a surety company admitted to do business in this state. ~~The~~ Each  bond shall be 
77.2 	exclusively for the purpose of reimbursing consumer customers and shall be conditioned 
77.3 	upon the faithful compliance by the applicant with all of the laws and rules of this state 
77.4 	pertaining to the applicant's business as a dealer or manufacturer, including sections  
77.5 	325D.44,  325F.67 and  325F.69, and upon the applicant's faithful performance of all its 
77.6 	legal obligations to consumer customers; and (2) a certificate of liability insurance in the 
77.7 	amount of $1,000,000 that provides coverage for the agency and each subagency location;
77.8 	(d) the applicant has established a trust account as required by section  327B.08, 
77.9 	subdivision 3, unless the applicant states in writing its intention to limit its business to 
77.10 	selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and 
77.11 	(e) the applicant has provided evidence of having had at least two years' prior 
77.12 	experience in the sale of manufactured homes, working for a licensed dealer.

77.13 	Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
77.14 		Subd. 6.Certificate of license. For each license granted the commissioner shall 
77.15 	issue a certificate which includes the name of the licensee, the name of the surety company 
77.16 	and the amount of the surety bond, and the insurance underwriter and policy number, the 
77.17 	names and addresses of any related principal or subagencies, and a license number.

77.18 	Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
77.19 		Subd. 7.Fees; licenses; when granted. Each application for a license or license 
77.20 	renewal must be accompanied by a fee in an amount established by the commissioner 
77.21 	by rule pursuant to section  327B.10. The fees shall be set in an amount which over 
77.22 	the fiscal biennium will produce revenues approximately equal to the expenses which 
77.23 	the commissioner expects to incur during that fiscal biennium while administering and 
77.24 	enforcing sections  327B.01 to  327B.12. ~~All money collected by the commissioner~~ 
77.25 	~~through fees prescribed in sections  327B.01 to  327B.12 shall be deposited in the state~~ 
77.26 	~~government special revenue fund and is appropriated to the commissioner for purposes of~~ 
77.27 	~~administering and enforcing the provisions of this chapter.~~ The commissioner shall grant 
77.28 	or deny a license application or a renewal application within 60 days of its filing. If the 
77.29 	license is granted, the commissioner shall license the applicant as a dealer or manufacturer 
77.30 	for the remainder of the calendar year. Upon application by the licensee, the commissioner 
77.31 	shall renew the license for a two year period, if: 
77.32 	(a) the renewal application satisfies the requirements of subdivisions 3 and 4;
77.33 	(b) the renewal applicant has made all listings, registrations, notices and reports 
77.34 	required by the commissioner during the preceding year; and
78.1 	(c) the renewal applicant has paid all fees owed pursuant to sections  327B.01 to  
78.2 	327B.12 and all taxes, arrearages, and penalties owed to the state. 

78.3 	EFFECTIVE DATE. This section is effective July 1, 2007.

78.4 	Sec. 55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
78.5 		Subd. 8.Limited dealer's license. The commissioner shall issue a limited dealer's 
78.6 	license to an owner of a manufactured home park authorizing the licensee as principal 
78.7 	only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 
78.8 	manufactured homes located in the owned manufactured home park. The licensee must 
78.9 	be the title holder of the homes and may engage in no more than ten sales annually. An 
78.10 	owner may, upon payment of the applicable fee and compliance with this subdivision, 
78.11 	obtain a separate license for each owned manufactured home park and is entitled to sell up 
78.12 	to ten homes per license provided that only one limited dealer license may be issued for 
78.13 	each park. The license shall be issued after:
78.14 	(1) receipt of an application on forms provided by the commissioner containing 
78.15 	the following information:
78.16 	(i) the identity of the applicant;
78.17 	(ii) the name under which the applicant will be licensed and do business in this state;
78.18 	(iii) the name and address of the owned manufactured home park, including a copy 
78.19 	of the park license, serving as the basis for the issuance of the license; ~~and~~
78.20 	(iv) the name, home, and business address of the applicant;
78.21 	(v) the name, address, and telephone number of one individual that is designated 
78.22 	by the applicant to receive all communications and cooperate with all inspections and 
78.23 	investigations of the commissioner pertaining to the sale of manufactured homes in the 
78.24 	manufactured home park owned by the applicant;
78.25 	(vi) whether the applicant or its designated individual has been convicted of a crime 
78.26 	within the previous ten years that is either related directly to the business for which the 
78.27 	license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 
78.28 	judgment in a civil action involving fraud, misrepresentation, or conversion within the 
78.29 	previous five years or has had any government license or permit suspended or revoked 
78.30 	as a result of an action brought by a federal or state governmental agency in this or any 
78.31 	other state within the last five years; and
78.32 	(vii) the applicant's qualifications and business history, including whether the 
78.33 	applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 
78.34 	any unsatisfied court judgments outstanding against it or them;
78.35 	(2) payment of a $100 annual fee; and
79.1 	(3) provision of a surety bond in the amount of $5,000. A separate surety bond 
79.2 	must be provided for each limited license.
79.3 	The applicant need not comply with section  327B.04, subdivision 4, paragraph (e). 
79.4 	The holding of a limited dealer's license does not satisfy the requirement contained in 
79.5 	section  327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 
79.6 	to obtaining a dealer license. The commissioner may, upon application for a renewal of 
79.7 	a license, require only a verification that copies of sales documents have been retained 
79.8 	and payment of a $100 renewal fee. "Sales documents" mean only the safety feature 
79.9 	disclosure form defined in section  327C.07, subdivision 3a, title of the home, financing 
79.10 	agreements, and purchase agreements. 
79.11 	The license holder shall, upon request of the commissioner, make available for 
79.12 	inspection during business hours sales documents required to be retained under this 
79.13 	subdivision.

79.14 	Sec. 56. Minnesota Statutes 2006, section 327B.04, is amended by adding a 
79.15 	subdivision to read:
79.16 		Subd. 8a.Service. Service of a document on a limited dealer licensed under this 
79.17 	section may be effected by mail to or by personal service on: (1) the licensee at the 
79.18 	licensee's last known address; or (2) the individual designated by the licensee at that 
79.19 	individual's last known address.

79.20 	Sec. 57. [327B.042] NOTICE TO COMMISSIONER.
79.21 		Subdivision 1.Notification. A person licensed as a dealer, limited dealer, or 
79.22 	manufacturer shall notify the commissioner of the occurrence of any of the events in 
79.23 	subdivisions 2 to 5.
79.24 		Subd. 2.Change in application information. A licensee shall notify the 
79.25 	commissioner in writing within ten days of the change of any change in information 
79.26 	contained in the most recent license application on file with the commissioner, which 
79.27 	shall include any change in the information pertaining to the individual designated under 
79.28 	section 327B.04, subdivision 8, clause (1), item (vi).
79.29 		Subd. 3.Civil judgment. A licensee shall notify the commissioner in writing 
79.30 	within ten days of any decision of a court regarding a proceeding in which the licensee 
79.31 	was named as a defendant, and in which fraud, misrepresentation, or the conversion of 
79.32 	funds was found to have been committed by the licensee.
79.33 		Subd. 4.Disciplinary action in another state. A licensee shall notify the 
79.34 	commissioner in writing within ten days of the condition, reprimand, censure, limitation, 
80.1 	suspension, or revocation of any other professional or occupational license, registration, 
80.2 	permit, or certificate held by the licensee in this or any other state, or any other United 
80.3 	States jurisdiction.
80.4 		Subd. 5.Criminal offense. A licensee shall notify the commissioner in 
80.5 	writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, 
80.6 	misdemeanor, or any comparable offense related to manufactured home sales, improper 
80.7 	business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer 
80.8 	laws in this or any other state, or any other United States jurisdiction.

80.9 	Sec. 58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
80.10 		Subdivision 1.Grounds. In addition to the grounds in section 326B.082, 
80.11 	subdivision 11, the commissioner may by order deny, suspend, limit, place conditions 
80.12 	on, or revoke ~~any~~ the application or license ~~on finding (1) that the order is in the public~~ 
80.13 	~~interest and (2) that the~~ of any applicant or licensee or any of its directors, officers, limited 
80.14 	or general partners, controlling shareholders, or affiliates for any of the following grounds:
80.15 	~~(a) has filed an application for a license or a license renewal which fails to disclose~~ 
80.16 	~~any material information or contains any statement which is false or misleading with~~ 
80.17 	~~respect to any material fact;~~
80.18 	~~(b)~~ (a) has violated any of the provisions of sections  327B.01 to  327B.12 or any 
80.19 	rule or order issued by the commissioner or any prior law providing for the licensing of 
80.20 	manufactured home dealers or manufacturers; 
80.21 	~~(c)~~ (b) has had a previous manufacturer or dealer license revoked in this or any 
80.22 	other state;
80.23 	~~(d)~~ (c) has engaged in acts or omissions which have been adjudicated or amount to a 
80.24 	violation of any of the provisions of section  325D.44,  325F.67 or  325F.69; 
80.25 	~~(e)~~ (d) has sold or brokered the sale of a home containing a material violation of 
80.26 	sections  327.31 to  327.35 about which the dealer knew or which should have been obvious 
80.27 	to a reasonably prudent dealer; 
80.28 	~~(f)~~ (e) has failed to make or provide all listings, notices and reports required by 
80.29 	the commissioner;
80.30 	~~(g)~~ (f) has failed to pay a civil penalty assessed under subdivision 5 within ten 
80.31 	days after the assessment becomes final;
80.32 	~~(h)~~ (g) has failed to pay to the commissioner or other responsible government agency 
80.33 	all taxes, fees and arrearages due;
80.34 	~~(i)~~ (h) has failed to duly apply for license renewal;
80.35 	~~(j)~~ (i) has violated any applicable manufactured home building or safety code;
81.1 	~~(k)~~ (j) has failed or refused to honor any express or implied warranty as provided 
81.2 	in section  327B.03; 
81.3 	~~(l)~~ (k) has failed to continuously occupy a permanent, established place of business 
81.4 	licensed under section  327B.04; 
81.5 	~~(m)~~ (l) has, without first notifying the commissioner, sold a new and unused 
81.6 	manufactured home other than the make of manufactured home described in a franchise or 
81.7 	contract filed with the application for license or license renewal;
81.8 	~~(n)~~ (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
81.9 	~~(o)~~ (n) is insolvent or bankrupt;
81.10 	~~(p)~~ (o) holds an impaired or canceled bond;
81.11 	~~(q)~~ (p) has failed to notify the commissioner of bankruptcy proceedings within ten 
81.12 	days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
81.13 	~~(r)~~ (q) has, within the previous ten years, been convicted of a crime that either related 
81.14 	directly to the business of the dealer or manufacturer or involved fraud, misrepresentation 
81.15 	or misuse of funds;
81.16 	~~(s)~~ (r) has suffered a judgment within the previous five years in a civil action 
81.17 	involving fraud, misrepresentation or misuse of funds; or
81.18 	~~(t)~~ (s) has failed to reasonably supervise any employee or agent of the dealer or 
81.19 	manufacturer, resulting in injury or harm to the public.
81.20 	The commissioner may establish rules pursuant to section  327B.10 further 
81.21 	specifying, defining or establishing standards of conduct for manufactured home dealers 
81.22 	and manufacturers. 

81.23 	Sec. 59. Minnesota Statutes 2006, section 327B.10, is amended to read:
81.24 	327B.10 RULEMAKING AUTHORITY.
81.25 	The commissioner may promulgate rules and issue orders reasonably necessary 
81.26 	to implement and administer the provisions of sections 327B.01 to 327B.12. The 
81.27 	commissioner shall adopt rules establishing and approving education programs for 
81.28 	manufactured home installers. Each manufactured home installer must satisfactorily 
81.29 	complete the continuing education requirements established by the commissioner in rule.

81.30 	Sec. 60. REVISOR'S INSTRUCTION.
 81.31 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
81.32 	column A with the number listed in column B. The revisor shall also make necessary 
81.33 	cross-reference changes consistent with the renumbering.

82.1 | | Column A | Column B
82.2 | | 16B.59 | 326B.101
82.3 | | 16B.60, subd. 1 | 326B.103, subd. 1
82.4 | | 16B.60, subd. 2 | 326B.103, subd. 4
82.5 | | 16B.60, subd. 3 | 326B.103, subd. 9
82.6 | | 16B.60, subd. 4 | 326B.103, subd. 5
82.7 | | 16B.60, subd. 5 | 326B.103, subd. 3
82.8 | | 16B.60, subd. 6 | 326B.103, subd. 11
82.9 | | 16B.60, subd. 7 | 326B.103, subd. 10
82.10 | | 16B.60, subd. 8 | 326B.103, subd. 12
82.11 | | 16B.60, subd. 9 | 326B.103, subd. 8
82.12 | | 16B.60, subd. 10 | 326B.103, subd. 7
82.13 | | 16B.60, subd. 11 | 326B.103, subd. 13
82.14 | | 16B.60, subd. 12 | 326B.103, subd. 6
82.15 | | 16B.60, subd. 13 | 326B.103, subd. 2
82.16 | | 16B.61 | 326B.106
82.17 | | 16B.615 | 326B.109
82.18 | | 16B.616 | 326B.112
82.19 | | 16B.617 | 326B.115
82.20 | | 16B.6175 | 326B.118
82.21 | | 16B.62 | 326B.121
82.22 | | 16B.625 | 326B.124
82.23 | | 16B.63 | 326B.127
82.24 | | 16B.64 | 326B.13
82.25 | | 16B.65 | 326B.133
82.26 | | 16B.66 | 326B.136
82.27 | | 16B.67 | 326B.139
82.28 | | 16B.68 | 326B.142
82.29 | | 16B.685 | 326B.145
82.30 | | 16B.70 | 326B.148
82.31 | | 16B.71 | 326B.151
82.32 | | 16B.72 | 326B.154
82.33 | | 16B.73 | 326B.157
82.34 | | 16B.735 | 326B.16
82.35 | | 16B.74 | 326B.163
82.36 | | 16B.741 | 326B.166
82.37 | | 16B.742 | 326B.169
82.38 | | 16B.743 | 326B.172
82.39 | | 16B.744 | 326B.175
82.40 | | 16B.745 | 326B.178
82.41 | | 16B.746 | 326B.181
82.42 | | 16B.747 | 326B.184
82.43 | | 16B.748 | 326B.187
83.1 | | 16B.749 | 326B.191
83.2 | | 16B.75 | 326B.194
83.3 | | 16B.76 | 326B.07
83.4 | | 326.992 | 326B.197

83.5 	ARTICLE 6
83.6 	ELECTRICAL

83.7 	Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
83.8 		Subd. 2.Class A master electrician. ~~The term~~ "Class A master electrician" 
83.9 	means ~~a person~~ an individual having the necessary qualifications, training, experience, 
83.10 	and technical knowledge to ~~install, alter, repair, plan, lay out, and supervise the installing,~~ 
83.11 	~~altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,~~ 
83.12 	~~and other purposes~~ perform and supervise any electrical work, and who is licensed as ~~such~~
83.13 	a Class A master electrician by the ~~Board of Electricity~~ commissioner.

83.14 	Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
83.15 		Subd. 3.Class A journeyman electrician. ~~The term~~ "Class A journeyman 
83.16 	electrician" means ~~a person~~ an individual having the necessary qualifications, training, 
83.17 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
83.18 	altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power, 
83.19 	and other purposes, and who is licensed as ~~such~~ a Class A journeyman electrician by the 
83.20 	~~Board of Electricity~~ commissioner.

83.21 	Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 4, is amended to read:
83.22 		Subd. 4.Special electrician. ~~The term~~ "Special electrician" means ~~a person having~~ 
83.23 	~~the necessary qualifications, training, experience, and technical knowledge to install, alter,~~ 
83.24 	~~repair, and supervise the installing, altering, or repairing of special classes of electrical~~ 
83.25 	~~wiring, apparatus, or equipment for light, heat, power, and other purposes or for special~~ 
83.26 	~~classes of electrical work who is~~ an individual licensed ~~as such~~ by the ~~Board of Electricity.~~ 
83.27 	~~The scope of any special electrician license created by the board under section  326.242,~~ 
83.28 	~~subdivision 4, shall be limited to that provided for by the rules adopted by the board.~~
83.29 	commissioner as an elevator constructor, lineman, maintenance electrician, or master 
83.30 	elevator constructor.

83.31 	Sec. 4. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
84.1 		Subd. 5.Contractor. ~~The term~~ "Contractor" means a person~~, partnership, or~~ 
84.2 	~~corporation operating a business that undertakes~~ who performs or offers to ~~undertake to~~ 
84.3 	~~plan for, lay out, or install or to make additions, alterations, or repairs in the installation~~ 
84.4 	~~of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes~~
84.5 	perform any electrical work, with or without compensation, who is licensed as ~~such~~ a 
84.6 	contractor by the ~~Board of Electricity~~ commissioner. ~~A contractor's license does not of~~ 
84.7 	~~itself qualify its holder to perform or supervise the electrical work authorized by holding~~ 
84.8 	~~any class of electrician's or other personal electrical license.~~ Contractor includes electrical 
84.9 	contractors and technology system contractors.

84.10 	Sec. 5. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
84.11 		Subd. 6.Class B master electrician. ~~The term~~ "Class B master electrician" 
84.12 	means ~~a person~~ an individual having the necessary qualifications, training, experience, 
84.13 	and technical knowledge to ~~install, alter, repair, plan, lay out,~~ perform and supervise 
84.14 	~~the installing, altering, and repairing of electrical wiring, apparatus, and equipment~~ any 
84.15 	electrical work for single phase systems of not over 200 ampere capacity for light, heat, 
84.16 	power, and other purposes on any farm or in any single family dwelling located in any 
84.17 	town or municipality which has a population of less than ~~2500~~ 2,500 inhabitants, and who 
84.18 	is licensed as ~~such~~ a Class B master electrician by the ~~Board of Electricity~~ commissioner.

84.19 	Sec. 6. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
84.20 		Subd. 6a.Class B journeyman electrician. ~~The term~~ "Class B journeyman 
84.21 	electrician" means ~~a person~~ an individual having the necessary qualifications, training, 
84.22 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
84.23 	altering, or repairing of electrical wiring, apparatus, and equipment for single phase 
84.24 	systems of not more than 200 ampere capacity for light, heat, power, and other purposes 
84.25 	on any farm or in any single family dwelling located in any town or municipality which 
84.26 	has a population of less than ~~2500~~ 2,500 inhabitants, and who is licensed as ~~such~~ a Class B 
84.27 	journeyman electrician by the ~~Board of Electricity~~ commissioner.

84.28 	Sec. 7. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
84.29 		Subd. 6b.Class A installer. ~~The term~~ "Class A installer" means ~~a person~~ an 
84.30 	individual who has the necessary qualifications, training, experience, and technical 
84.31 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment for 
84.32 	major electrical home appliances and such other electrical equipment as is determined by 
84.33 	the ~~state Board of Electricity~~ commissioner pursuant to section  326.242, subdivision 3, 
85.1 	on the load side of the main service on farmsteads or in any town or municipality with 
85.2 	less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not 
85.3 	contain an established business of a master electrician, and who is licensed as ~~such~~ a Class 
85.4 	A installer by the ~~state Board of Electricity~~ commissioner. 

85.5 	Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
85.6 		Subd. 6c.Class B installer. ~~The term~~ "Class B installer" means ~~a person~~ an 
85.7 	individual who has the necessary qualifications, training, experience, and technical 
85.8 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment 
85.9 	on center pivot irrigation booms on the load side of the main service on farmsteads, 
85.10 	and install other electrical equipment determined by the ~~state Board of Electricity.~~
85.11 	commissioner, and who is licensed as a Class B installer ~~must be licensed~~ by the ~~Board of~~ 
85.12 	~~Electricity~~ commissioner.

85.13 	Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
85.14 		Subd. 6e.Owner. An owner is ~~a natural person~~ an individual who physically 
85.15 	performs electrical work on premises the ~~person~~ individual owns and actually occupies as 
85.16 	a residence or owns and will occupy as a residence upon completion of its construction.

85.17 	Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
85.18 		Subd. 6f.Electrical work. ~~The term~~ "Electrical work" means the installing, 
85.19 	altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
85.20 	for electrical light, heat, power, technology circuits or systems, or other purposes. The 
85.21 	installing, ~~alteration~~ altering, repairing, planning, or laying out of electrical wiring, 
85.22 	apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
85.23 	or other purposes includes, but is not limited to, the performance of any work ~~governed~~
85.24 	regulated by the standards referred to in section  326.243. 

85.25 	Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
85.26 		Subd. 6g.~~Personal~~ Direct supervision. ~~The term "personal~~ "Direct supervision" 
85.27 	means ~~that a person licensed to perform electrical work oversees and directs the electrical~~ 
85.28 	~~work performed by an unlicensed person such that~~:
85.29 	(1) ~~the licensed person actually reviews the electrical work performed by the~~ 
85.30 	~~unlicensed person~~ an unlicensed individual is being supervised by an individual licensed 
85.31 	to perform the electrical work being supervised;
86.1 	(2) during the entire working day of the unlicensed individual, the licensed individual 
86.2 	is present at the location where the unlicensed individual is performing electrical work;
86.3 	(3) the licensed ~~person~~ individual is immediately available to the unlicensed ~~person~~
86.4 	individual at all times for assistance and direction;
86.5 	(4) the licensed individual actually reviews the electrical work performed by the 
86.6 	unlicensed individual before the electrical work is operated; and
86.7 	~~(3)~~ (5) the licensed ~~person~~ individual is able to and does determine that all electrical 
86.8 	work performed by the unlicensed ~~person~~ individual is performed in compliance with 
86.9 	section  326.243. 
86.10 	~~The licensed person is responsible for the compliance with section  326.243 of all~~ 
86.11 	~~electrical work performed by the unlicensed person.~~ 

86.12 	Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
86.13 		Subd. 6j.Residential dwelling. A "residential dwelling" is ~~an individual dwelling~~ 
86.14 	~~of~~ a single dwelling unit that is contained in a one-family, two-family, or multifamily 
86.15 	dwelling as defined in the National Electrical Code pursuant to section  326.243~~, including~~ 
86.16 	~~its garage or accessory building~~. A residential dwelling includes a garage and accessory 
86.17 	building that can only be used by the residents of the single dwelling unit.

86.18 	Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
86.19 		Subd. 6k.Power limited technician. ~~The term~~ "Power limited technician" means 
86.20 	~~a person~~ an individual having the necessary qualifications, training, experience, and 
86.21 	technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
86.22 	altering, and repairing of electrical wiring, apparatus, and equipment for technology 
86.23 	circuits or systems, and who is licensed as ~~such~~ a power limited technician by the ~~Board of~~ 
86.24 	~~Electricity~~ commissioner.

86.25 	Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
86.26 		Subd. 6l.Technology circuits or systems. "Technology circuits or systems" means 
86.27 	class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, 
86.28 	control, alarm, and audio signal, including associated components as covered by the 
86.29 	National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are 
86.30 	isolated from circuits or systems other than class 2 or class 3 by a demarcation and are 
86.31 	not process control circuits or systems; antenna and communication circuits or systems 
86.32 	as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for 
86.33 	indoor lighting and outdoor landscape lighting systems that are supplied by the secondary 
87.1 	circuit of an isolating power supply operating at 30 volts or less as covered by the National 
87.2 	Electrical Code, article 411. The planning, laying out, installing, altering, and repairing 
87.3 	of technology circuits or systems must be performed in accordance with the applicable 
87.4 	requirements of the National Electrical Code pursuant to section 326.243. 

87.5 	Sec. 15. Minnesota Statutes 2006, section 326.241, is amended to read:
87.6 	326.241 ~~BOARD OF ELECTRICITY~~ ELECTRICAL ADVISORY COUNCIL.
87.7 		Subdivision 1.Composition. The ~~Board of Electricity~~ Electrical Advisory Council 
87.8 	shall be advisory to the commissioner and shall consist of 11 members~~,~~ who are residents 
87.9 	of the state~~,~~ and appointed by the ~~governor of whom~~ commissioner. Two members shall 
87.10 	be representatives of the electrical suppliers in the rural areas of the state~~,~~; two shall be 
87.11 	master electricians, who shall be contractors~~,~~; two shall be journeyman electricians~~,~~; one 
87.12 	~~registered consulting~~ shall be a licensed electrical engineer~~,~~; two shall be power limited 
87.13 	technicians, who shall be ~~technology system~~ contractors primarily engaged in the business 
87.14 	of installing technology circuits or systems~~, and two~~; one shall be a public ~~members~~
87.15 	member as defined by section  214.02; and one shall be a department employee designated 
87.16 	by the commissioner. The commissioner may also appoint one or more alternates for 
87.17 	each member of the advisory council. ~~Membership terms, compensation of members,~~ 
87.18 	~~removal of members, the filling of membership vacancies, and fiscal year and reporting~~ 
87.19 	~~requirements shall be as provided in sections  214.07 to  214.09. The provision of staff,~~ 
87.20 	~~administrative services and office space; the review and processing of complaints; the~~ 
87.21 	~~setting of board fees; and other provisions relating to board operations shall be as provided~~ 
87.22 	~~in chapter 214.~~
87.23 		Subd. 1a.Organization. (a) The advisory council shall be organized and 
87.24 	administered according to section 15.059, except that, notwithstanding any other law to 
87.25 	the contrary, the advisory council shall not expire. Upon the commissioner's request, the 
87.26 	advisory council shall form a complaint committee, a technical committee, a technical 
87.27 	program committee, and any other committee that the commissioner directs. Each 
87.28 	committee shall render advice to the commissioner without referring matters to the full 
87.29 	advisory council, unless the committee determines that referral of a technical matter 
87.30 	to the full advisory council is appropriate.
87.31 	(b) The complaint committee shall consist of three members of the advisory council 
87.32 	who are not department employees, plus one department employee designated by the 
87.33 	commissioner. The department employee shall be a nonvoting member of the committee 
87.34 	regardless of whether that employee is a member of the advisory council. The complaint 
87.35 	committee shall, upon the commissioner's request, advise the commissioner regarding the 
88.1 	disposition of complaints filed with or information received by the commissioner alleging 
88.2 	or indicating violations of sections 326B.32 to 326B.399.
88.3 	(c) The technical committee shall consist of one department employee designated 
88.4 	by the commissioner and at least one member but no more than three members of the 
88.5 	advisory council. The technical committee shall, upon the commissioner's request, advise 
88.6 	the commissioner regarding technical electrical code issues and proposed licensing 
88.7 	examinations. 
88.8 	(d) The technical program committee shall consist of two department employees 
88.9 	designated by the commissioner and at least one member but no more than three members 
88.10 	of the advisory council. The technical program committee shall, upon the commissioner's 
88.11 	request, advise the commissioner regarding experience credits for technical programs.
88.12 		Subd. 2.~~Powers~~ Duties. The ~~board, or the complaint committee on behalf of the~~ 
88.13 	~~board where authorized by law,~~ advisory council shall ~~have power to~~ meet at least four 
88.14 	times per year and shall:
88.15 	(1) elect its own officers~~.~~, who shall select advisory council members to serve on the 
88.16 	complaint committee, the technical committee, the technical program committee, and any 
88.17 	other committee directed by the commissioner;
88.18 	(2) ~~Engage and fix the compensation of inspectors, and hire employees. The salary~~ 
88.19 	~~of the executive secretary shall be established pursuant to chapter 43A. All agents and~~ 
88.20 	~~employees other than contract inspectors shall be in the classified service and shall be~~ 
88.21 	~~compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or~~ 
88.22 	~~journeyman electricians under section  326.242, subdivision 1(1) or 2(1), and shall give~~ 
88.23 	~~bond in an amount fixed by the board, conditioned upon the faithful performance of their~~ 
88.24 	~~duties.~~ select an advisory council member to serve on the Construction Codes Advisory 
88.25 	Council established in section 326B.07; 
88.26 	(3) ~~Pay such other expenses as it may deem necessary in the performance of its~~ 
88.27 	~~duties, including rent, supplies, and such like.~~ at the request of the commissioner, advise 
88.28 	the commissioner on issues related to the electrical industry; and
88.29 	(4) ~~Enforce the provisions of sections  326.241 to  326.248, and provide, upon~~ 
88.30 	~~request, such additional voluntary inspections and reviews as it may deem appropriate~~
88.31 	at the request of an advisory council committee, provide advice to that committee or 
88.32 	to the commissioner on technical issues. 
88.33 	~~(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,~~ 
88.34 	~~censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive~~ 
88.35 	~~relief and civil penalties in court as authorized by section  326.242 and other provisions~~ 
88.36 	~~of Minnesota law.~~ 
89.1 	~~(6) Adopt reasonable rules to carry out its duties under sections  326.241 to  326.248~~
89.2 	~~and to provide for the amount and collection of fees for inspection and other services. All~~ 
89.3 	~~rules shall be adopted in accordance with chapter 14.~~ 
89.4 		~~Subd. 3.Fees and finances; disposition.~~ ~~All fees collected under the provisions of~~ 
89.5 	~~sections  326.241 to  326.248 are to be credited to a special account in the state treasury.~~ 
89.6 	~~Money in the account is appropriated to the Board of Electricity to administer and enforce~~ 
89.7 	~~sections  326.241 to  326.248, to pay indirect costs, to compensate contract electrical~~ 
89.8 	~~inspectors for inspections performed, and to make refunds.~~ 

89.9 	EFFECTIVE DATE. The repeal of subdivision 3 is effective July 1, 2007.

89.10 	Sec. 16. Minnesota Statutes 2006, section 326.242, is amended to read:
89.11 	326.242 LICENSES.
89.12 		Subdivision 1.Master electrician. Except as otherwise provided by law, no ~~person~~
89.13 	individual shall ~~install, alter, repair, plan, lay out, or supervise the installing, altering, or~~ 
89.14 	~~repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other~~ 
89.15 	~~purposes~~ perform or supervise electrical work unless the ~~person~~ individual is: (a) licensed 
89.16 	by the ~~board~~ commissioner as a master electrician; and (b)(i) the electrical work is for a 
89.17 	licensed contractor and the ~~person~~ individual is an employee, partner, or officer of, or is 
89.18 	the licensed contractor, or (ii) the electrical work is performed for the ~~person's~~ individual's
89.19 	employer on ~~electric~~ electrical wiring, apparatus, equipment, or facilities that are owned 
89.20 	or leased by the employer ~~which is~~ and that are located within the limits of property 
89.21 	~~which is~~ operated, maintained, and either owned or leased ~~and operated and maintained~~ by 
89.22 	the employer.
89.23 	(1) An applicant for a Class A master ~~electrician's~~ electrician license shall (a) 
89.24 	be a graduate of a four-year electrical course ~~in~~ offered by an accredited college or 
89.25 	university; or (b) shall have had at least one ~~year's~~ year of experience, acceptable to the 
89.26 	~~board~~ commissioner, as a licensed journeyman; or (c) shall have had at least five years' 
89.27 	experience, acceptable to the ~~board~~ commissioner, in planning for, laying out, supervising 
89.28 	and installing wiring, apparatus, or equipment for electrical light, heat and power.
89.29 	(2) As of August 1, 1985, no new Class B master ~~electrician's~~ electrician licenses 
89.30 	shall be issued. An individual who has a Class B master ~~electrician's~~ electrician license as 
89.31 	of August 1, 1985, may retain and renew the license and exercise the privileges it grants, 
89.32 	which include electrical work limited to single phase systems, not over 200 amperes in 
89.33 	capacity, on farmsteads or single-family dwellings located in towns or municipalities 
89.34 	with fewer than 2,500 inhabitants.
90.1 		Subd. 2.Journeyman electrician. (a) Except as otherwise provided by law, 
90.2 	no ~~person~~ individual shall install, alter, repair, or supervise the installing, altering, or 
90.3 	repairing of electrical wiring, apparatus, or equipment for electrical light, heat, power, 
90.4 	or other purposes unless:
90.5 	(1) the ~~person~~ individual is licensed by the ~~board~~ commissioner as a journeyman 
90.6 	electrician; and
90.7 	(2) the electrical work is:
90.8 	(i) for a contractor and the ~~person~~ individual is an employee, partner, or officer of 
90.9 	the licensed contractor; or
90.10 	(ii) performed under the supervision of a master electrician also employed by the 
90.11 	~~person's~~ individual's employer on electrical wiring, apparatus, equipment, or facilities
90.12 	that are owned or leased by the employer and that ~~is~~ are located within the limits of 
90.13 	property operated, maintained, and either owned or leased~~, operated, and maintained~~ by 
90.14 	the employer.
90.15 	(b) An applicant for a Class A journeyman ~~electrician's~~ electrician license shall have 
90.16 	had at least four years of experience, acceptable to the ~~board~~ commissioner, in wiring for, 
90.17 	installing, and repairing electrical wiring, apparatus, or equipment, provided however, 
90.18 	that the ~~board~~ commissioner may by rule ~~provide for the allowance of~~ allow one year of 
90.19 	experience credit for the successful completion of a two-year post high school electrical 
90.20 	course approved by the ~~board~~ commissioner.
90.21 	(c) As of August 1, 1985, no new Class B journeyman ~~electrician's~~ electrician
90.22 	licenses shall be issued. An individual who holds a Class B journeyman ~~electrician's~~
90.23 	electrician license as of August 1, 1985, may retain and renew the license and exercise the 
90.24 	privileges it grants, which include electrical work limited to single phase systems, not over 
90.25 	200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or 
90.26 	municipalities with fewer than 2,500 inhabitants.
90.27 		Subd. 3.Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 
90.28 	6, any ~~person~~ individual holding a Class A installer license may lay out and install and 
90.29 	supervise the laying out and installing of electrical wiring, apparatus, or equipment for 
90.30 	major electrical home appliances on the load side of the main service on farmsteads and in 
90.31 	any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to 
90.32 	a city of the first class and does not contain an established business of a contractor. As 
90.33 	of December 1, 2007, no new Class A installer licenses shall be issued. An individual 
90.34 	who holds a Class A installer license as of December 1, 2007, may retain and renew the 
90.35 	license and exercise the privileges it grants.
91.1 		Subd. 3a.Class B installer. Notwithstanding the provisions of subdivisions 1, 2 
91.2 	and 6, any ~~person~~ individual holding a Class B installer license may lay out and install 
91.3 	electrical wiring, apparatus and equipment on center pivot irrigation booms on the load 
91.4 	side of the main service on farmsteads, and install such other electrical equipment as is 
91.5 	~~determined~~ approved by the ~~board~~ commissioner.
91.6 		Subd. 3b.Coursework or experience. An applicant for a Class A or B installer 
91.7 	license shall have completed a post high school course in electricity ~~acceptable to~~
91.8 	approved by the ~~board~~ commissioner or shall have had at least one ~~year's~~ year of
91.9 	experience, ~~acceptable to~~ approved by the ~~board~~ commissioner, in electrical wiring.
91.10 		Subd. 3c.Bond. Every Class A and Class B installer, as a condition of licensure, 
91.11 	shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful 
91.12 	performance of all work contracted for or entered upon by the installer within the state of 
91.13 	Minnesota, and such bond shall be for the benefit of persons injured or suffering financial 
91.14 	loss by reason of failure of such performance. Such bond shall be in lieu of all other 
91.15 	license bonds to any political subdivision of the state. Such bond shall be written by a 
91.16 	corporate surety licensed to do business in the state of Minnesota.
91.17 		Subd. 3d.Power limited technician. (a) Except as otherwise provided by law, 
91.18 	no ~~person~~ individual shall install, alter, repair, plan, lay out, or supervise the installing, 
91.19 	altering, ~~or~~ repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
91.20 	for technology circuits or systems unless:
91.21 	(1) the ~~person~~ individual is licensed by the ~~board~~ commissioner as a power limited 
91.22 	technician; and
91.23 	(2) the electrical work is:
91.24 	(i) for a licensed contractor and the ~~person~~ individual is an employee, partner, or 
91.25 	officer of, or is the licensed contractor; or
91.26 	(ii) performed under the supervision of a master electrician or power limited 
91.27 	technician also employed by the ~~person's~~ individual's employer on technology circuits, 
91.28 	systems, apparatus, equipment, or facilities that are owned or leased by the employer and
91.29 	that are located within the limits of property operated, maintained, and either owned or 
91.30 	leased~~, operated, and maintained~~ by the employer.
91.31 	(b) An applicant for a power limited technician's license shall (1) be a graduate of a 
91.32 	four-year electrical course ~~in~~ offered by an accredited college or university; or (2) have 
91.33 	had at least 36 months' experience, acceptable to the ~~board~~ commissioner, in planning 
91.34 	for, laying out, supervising, ~~and~~ installing, altering, and repairing wiring, apparatus, or 
91.35 	equipment for power limited systems, provided however, that the ~~board~~ commissioner
91.36 	may by rule provide for the allowance of up to 12 months (2,000 hours) of experience 
92.1 	credit for successful completion of a two-year post high school electrical course or other 
92.2 	technical training approved by the ~~board~~ commissioner.
92.3 	~~(c) The board may initially set experience requirements without rulemaking, but~~ 
92.4 	~~must adopt rules before July 1, 2004.~~
92.5 	~~(d) Licensees must attain eight hours of continuing education acceptable to the~~ 
92.6 	~~board every renewal period.~~
92.7 	~~(e) A person who has submitted an application by June 30, 2003, to take the alarm~~ 
92.8 	~~and communications examination administered by the board, and who has achieved a~~ 
92.9 	~~minimal score of 70 percent on the examination by September 30, 2003, may obtain a~~ 
92.10 	~~power limited technician license without further examination by submitting an application~~ 
92.11 	~~and a license fee of $30.~~
92.12 	~~(f)~~ (c) A company holding an alarm and communication license as of June 30, 2003, 
92.13 	may designate one ~~person~~ individual who may obtain a power limited technician license 
92.14 	without passing an examination administered by the ~~board~~ commissioner by submitting an 
92.15 	application and license fee of $30.
92.16 	~~(g) A person who has submitted an application by September 30, 2005, to take the~~ 
92.17 	~~power limited technician examination administered by the board is not required to meet~~ 
92.18 	~~the qualifications set forth in paragraph (b).~~
92.19 		Subd. 4.Special electrician. Notwithstanding the provisions of subdivisions 1, 2, 6, 
92.20 	and 7, the ~~board~~ commissioner may by rule provide for the issuance of special electrician 
92.21 	licenses empowering the licensee to engage in ~~a~~one or more of the following limited 
92.22 	class or classes of electrical work, which class or classes shall be specified on the license 
92.23 	certificate: elevator constructor, lineman, maintenance electrician, and master elevator 
92.24 	constructor. Each licensee shall have had at least two years of experience, acceptable to 
92.25 	the ~~board~~ commissioner, in each such limited class of work for which the licensee is 
92.26 	licensed. The scope of each special electrician license created by the commissioner under 
92.27 	this section shall be limited to that provided for by the rules adopted by the commissioner.
92.28 		Subd. 5.Unlicensed ~~persons~~ individuals. (a) An unlicensed ~~person~~ individual
92.29 	shall not perform electrical work unless the work is performed under the ~~personal~~ direct
92.30 	supervision of ~~a person actually~~ an individual licensed to perform such work and the 
92.31 	licensed ~~electrician~~ individual and unlicensed ~~persons~~ individual are employed by the 
92.32 	same employer. Licensed persons shall not permit unlicensed ~~persons~~ individuals to 
92.33 	perform electrical work except under the ~~personal~~ direct supervision of ~~a person actually~~
92.34 	an individual licensed to perform ~~such~~ the electrical work. Unlicensed ~~persons~~ individuals
92.35 	shall not supervise the performance of electrical work or make assignments of electrical 
92.36 	work to unlicensed ~~persons~~ individuals. Except for technology circuit or system work,
93.1 	each licensed ~~persons~~ individual shall supervise no more than two unlicensed ~~persons~~
93.2 	individuals. For technology circuit or system work, each licensed ~~persons~~ individual shall 
93.3 	supervise no more than three unlicensed ~~persons~~ individuals.
93.4 	(b) Notwithstanding any other provision of this section, no ~~person~~ individual other 
93.5 	than a licensed master electrician or licensed power limited technician shall plan or lay out 
93.6 	electrical wiring, apparatus, or equipment for light, heat, power, or other purposes, except 
93.7 	circuits or systems exempted from personal licensing by subdivision 12, paragraph (b).
93.8 	(c) Contractors employing unlicensed ~~persons performing~~ individuals to perform
93.9 	electrical work shall maintain records establishing compliance with this subdivision~~, which~~
93.10 	that shall ~~designate~~ identify all unlicensed ~~persons~~ individuals performing electrical work, 
93.11 	except for ~~persons~~ individuals working on circuits or systems exempted from personal 
93.12 	licensing by subdivision 12, paragraph (b), and shall permit the ~~board~~ commissioner to 
93.13 	examine and copy all such records as provided for in section  326.244, subdivision 6. 
93.14 	(d) When a licensed individual supervises the electrical work of an unlicensed 
93.15 	individual, the licensed individual is responsible for ensuring that the electrical work 
93.16 	complies with the Minnesota Electrical Act and all rules adopted under the act.
93.17 		Subd. 6.Contractor's license required. Except as otherwise provided by law, no 
93.18 	~~person~~ individual other than an employee, partner, or officer of a licensed contractor, as 
93.19 	defined by section  ~~326.01~~ 326B.31, subdivision ~~5~~ 12, shall ~~undertake~~ perform or offer 
93.20 	to ~~undertake to plan for, lay out, supervise or install or to make additions, alterations, or~~ 
93.21 	~~repairs in the installation of electrical wiring, apparatus, and equipment for light, heat,~~ 
93.22 	~~power, and other purposes~~ perform electrical work with or without compensation unless 
93.23 	the ~~person~~ individual obtains a contractor's license. A contractor's license does not of itself 
93.24 	qualify its holder to perform or supervise the electrical work authorized by holding any 
93.25 	class of personal ~~electrical~~ license. 
93.26 		Subd. 6a.Bond required. As a condition of licensing, each contractor shall give 
93.27 	and maintain bond to the state in the ~~penal~~ sum of ~~$5,000~~ $25,000 conditioned upon the 
93.28 	faithful and lawful performance of all work ~~entered upon~~ contracted for or performed by 
93.29 	the contractor within the state of Minnesota and such bond shall be for the benefit of 
93.30 	persons injured or suffering financial loss by reason of failure of such performance. The 
93.31 	bond shall be filed with the ~~board~~ commissioner and shall be in lieu of all other license 
93.32 	bonds to any other political subdivision. Such bond shall be written by a corporate surety 
93.33 	licensed to do business in the state of Minnesota.
93.34 		Subd. 6b.Insurance required. Each contractor shall have and maintain in effect 
93.35 	general liability insurance, which includes premises and operations insurance and products 
93.36 	and completed operations insurance, with limits of at least $100,000 per occurrence, 
94.1 	$300,000 aggregate limit for bodily injury, and property damage insurance with limits 
94.2 	of at least ~~$25,000~~ $50,000 or a policy with a single limit for bodily injury and property 
94.3 	damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance 
94.4 	shall be written by an insurer licensed to do business in the state of Minnesota and each 
94.5 	contractor shall maintain on file with the ~~board~~ commissioner a certificate evidencing such 
94.6 	insurance which provides that such insurance shall not be canceled without the insurer 
94.7 	first giving 15 days written notice to the ~~board~~ commissioner of such cancellation.
94.8 		Subd. 6c.Employment of master electrician or power limited technician. (a) ~~No~~ 
94.9 	~~contractor shall engage in business of electrical contracting unless the contractor employs~~ 
94.10 	~~a licensed Class A master or Class B~~ Each contractor must designate a responsible master 
94.11 	electrician~~,~~ or power limited technician, who shall be responsible for the performance of 
94.12 	all electrical work in accordance with the requirements of sections  ~~326.241 to  326.248~~
94.13 	326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The 
94.14 	classes of work ~~for which the~~ that a licensed contractor is authorized to perform shall be 
94.15 	limited to ~~those for which such Class A master electrician, Class B master electrician,~~ 
94.16 	~~or power limited technician employed by the contractor~~ the classes of work that the 
94.17 	responsible master electrician or power limited electrician is licensed to perform. 
94.18 	(b) When a contractor's license is held by an individual, sole proprietorship,
94.19 	partnership, limited liability company, or corporation and the individual, proprietor, one 
94.20 	of the partners, one of the members, or an officer of the corporation, respectively, is not 
94.21 	the responsible master electrician or power limited technician ~~of record~~, all requests for 
94.22 	inspection shall be signed by the responsible master electrician or power limited technician 
94.23 	~~of record~~. ~~The designated responsible master electrician or power limited technician of~~ 
94.24 	~~record shall be employed by the individual, partnership, limited liability company, or~~ 
94.25 	~~corporation which is applying for a contractor's license and shall not be employed in any~~ 
94.26 	~~capacity as a licensed electrician or licensed technician by any other contractor or employer~~ 
94.27 	~~designated in subdivision 12.~~ If the contractor is an individual or a sole proprietorship, the 
94.28 	responsible licensed individual must be the individual, proprietor, or managing employee. 
94.29 	If the contractor is a partnership, the responsible licensed individual must be a general 
94.30 	partner or managing employee. If the licensed contractor is a limited liability company, 
94.31 	the responsible licensed individual must be a chief manager or managing employee. If 
94.32 	the contractor is a corporation, the responsible licensed individual must be an officer or 
94.33 	managing employee. If the responsible licensed individual is a managing employee, the 
94.34 	responsible licensed individual must be actively engaged in performing electrical work 
94.35 	on behalf of the contractor, and cannot be employed in any capacity as an electrician 
95.1 	or technician by any other contractor or employer designated in subdivision 12. An 
95.2 	individual may be the responsible licensed individual for only one contractor or employer.
95.3 	(c) All applications and renewals for ~~contractor's~~ contractor licenses ~~and all renewals~~
95.4 	shall include a verified statement that the applicant or licensee has complied with this 
95.5 	subdivision.
95.6 		Subd. 7.Examination. In addition to the other requirements ~~imposed herein~~
95.7 	described in this section and except as ~~herein otherwise~~ provided in subdivision 11, as 
95.8 	a precondition to issuance of a personal license, each applicant must pass a written 
95.9 	or oral examination ~~given~~ developed and administered by the ~~board~~ commissioner to 
95.10 	~~insure~~ ensure the competence of each applicant for license. An oral examination shall 
95.11 	be administered only to an applicant who furnishes a written statement from a certified 
95.12 	teacher or other professional, trained in the area of reading disabilities stating that the 
95.13 	applicant has a specific reading disability which would prevent the applicant from 
95.14 	performing satisfactorily on a written test. The oral examination shall be structured so that 
95.15 	an applicant who passes the examination will not impair the applicant's own safety or that 
95.16 	of others while acting as a licensed ~~person~~ individual. No ~~person~~ individual failing an 
95.17 	examination may retake it for six months thereafter, but within such six months the ~~person~~
95.18 	individual may take an examination for a lesser grade of license. Any ~~licensee~~ individual
95.19 	failing to renew a personal license for two years or more after its expiration, and any 
95.20 	licensee whose personal license is revoked under this chapter, shall be required to retake 
95.21 	the examination before being issued a new license. An individual whose personal license 
95.22 	is revoked under any other chapter is not required to retake the examination before being 
95.23 	issued a new license, unless the personal license was revoked two years or more before the 
95.24 	commissioner received the completed application for a new license. A licensee whose 
95.25 	personal license is suspended for any reason is not required to retake the examination 
95.26 	before the personal license is reinstated, unless the personal license has not been reinstated 
95.27 	within two years after the suspension began.
95.28 	An applicant for a personal license shall submit to the ~~board~~ commissioner an 
95.29 	application and examination fee at the time of application. Upon approval of the 
95.30 	application, the ~~board~~ commissioner shall schedule the applicant for the next available 
95.31 	examination, which shall be held within 60 days. The applicant shall be allowed one 
95.32 	opportunity to reschedule an examination without being required to submit another 
95.33 	application and examination fee. Additionally, an applicant who fails an examination, or 
95.34 	whose application ~~has been disapproved, must~~ was not approved, shall submit another 
95.35 	application and examination fee.
96.1 		Subd. 8.License and renewal fees; expiration. ~~All licenses issued hereunder shall~~ 
96.2 	~~expire in a manner as provided by the board.~~ (a) Unless revoked or suspended under this 
96.3 	chapter, all licenses issued or renewed under this section expire on the date specified 
96.4 	in this subdivision. Master licenses expire March 1 of each odd-numbered year after 
96.5 	issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered 
96.6 	year after issuance or renewal. Technology system contractor licenses expire August 1 of 
96.7 	each even-numbered year after issuance or renewal. Journeyman, installer, power limited 
96.8 	technician, and special electrician licenses expire two years from the date of original 
96.9 	issuance and every two years thereafter.
96.10 	(b) Fees~~, as set by the board, shall be payable~~ for application and examination, and 
96.11 	for the original issuance and each subsequent renewal ~~of the following~~, are:
96.12 	(1) For each personal license application and examination: $35;
96.13 	~~Class A Master.~~
96.14 	~~Class B Master.~~
96.15 	~~Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or~~ 
96.16 	~~Special Electrician.~~
96.17 	(2) For original issuance ~~of original license~~ and each subsequent renewal of:
96.18 	Class A Master~~.~~ or master special electrician, including master elevator constructor: 
96.19 	$40 per year;
96.20 	Class B Master~~.~~: $25 per year;
96.21 	Power Limited Technician~~.~~: $15 per year;
96.22 	Class A Journeyman, Class B Journeyman, Installer, or Special Electrician~~.~~ other 
96.23 	than master special electrician: $15 per year;
96.24 	~~Electrical~~ contractor: $100 per year.
96.25 	~~Technology Systems Contractor.~~
96.26 	(c) If any new license is issued in accordance with this subdivision for less than two 
96.27 	years, the fee for the license shall be prorated on an annual basis. 
96.28 	(d) A license fee may not be refunded after a license is issued or renewed. However, 
96.29 	if the fee paid for a license was not prorated in accordance with this subdivision, the 
96.30 	amount of the overpayment shall be refunded.
96.31 	(e) Any contractor who seeks reissuance of a license after it has been revoked or 
96.32 	suspended under this chapter shall submit a reissuance fee of $100 before the license is 
96.33 	reinstated.
96.34 	(f) The fee for the issuance of each duplicate license is $15.
96.35 	~~(3)~~ (g) An individual or contractor who fails to renew a license before 30 days 
96.36 	after the expiration of the license must submit a late fee equal to one year's license fee in 
97.1 	addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual 
97.2 	or contractor that fails to renew a license by the expiration date is unlicensed until the 
97.3 	license is renewed.
97.4 		Subd. 8a.Continuing education. The commissioner shall adopt rules governing 
97.5 	continuing education requirements for individuals licensed under this section. 
97.6 	Notwithstanding the provisions of section 14.125, the commissioner shall publish a notice 
97.7 	of intent to adopt rules or a notice of hearing with respect to the proposed continuing 
97.8 	education rules by January 4, 2010. Until such rules are effective, the commissioner shall 
97.9 	enforce the continuing education requirements of Minnesota Rules, parts 3800.3601 
97.10 	to 3800.3603.
97.11 		~~Subd. 9.Denial, suspension, and revocation of licenses.~~ ~~The board may by order~~ 
97.12 	~~deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board~~ 
97.13 	~~finds (1) in its discretion that the order is in the public interest and (2) that, based upon a~~ 
97.14 	~~preponderance of the evidence presented, the applicant or licensee:~~
97.15 	~~(a) has filed an application for a license which is incomplete in any material respect~~ 
97.16 	~~or contains any statement which, in light of the circumstances under which it is made, is~~ 
97.17 	~~false or misleading with respect to any material fact;~~
97.18 	~~(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;~~
97.19 	~~(c) has been convicted within the past five years of a misdemeanor involving a~~ 
97.20 	~~violation of sections  326.241 to  326.248;~~ 
97.21 	~~(d) has violated or failed to comply with sections  326.241 to  326.248 or any rule or~~ 
97.22 	~~order adopted or issued under these sections; or~~ 
97.23 	~~(e) has, in the conduct of the applicant's or licensee's affairs, including, but~~ 
97.24 	~~not limited to, the performance of electrical work, been shown to be incompetent or~~ 
97.25 	~~untrustworthy.~~
97.26 	~~If a licensee engages in conduct that is proven by a preponderance of the evidence to~~ 
97.27 	~~be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a~~ 
97.28 	~~violation of this subdivision. The board may take action under this subdivision or any~~ 
97.29 	~~other law authorizing action against a licensee regardless of whether the underlying~~ 
97.30 	~~conduct was willful.~~
97.31 	~~The board may adopt rules further specifying and defining actions, conduct, and~~ 
97.32 	~~omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and~~ 
97.33 	~~establishing standards of conduct for applicants and licensees.~~
97.34 		~~Subd. 9a.Civil penalties.~~ ~~Whenever a preponderance of the evidence presented~~ 
97.35 	~~proves that a person has violated or failed to comply with sections  326.241 to  326.248 or~~ 
98.1 	~~any rule or order adopted or issued under these sections, the board may impose a civil~~ 
98.2 	~~penalty upon the person in an amount not to exceed $10,000 per violation.~~ 
98.3 		~~Subd. 9b.Orders for hearing.~~ ~~The complaint committee may, on behalf of the~~ 
98.4 	~~board, issue an order requiring a licensee or an applicant for a license to appear at a~~ 
98.5 	~~hearing on the issue of whether the license should be revoked or suspended, the licensee~~ 
98.6 	~~censured, the application denied, or a civil penalty imposed. The order shall be calculated~~ 
98.7 	~~to give reasonable notice of the time and place for hearing, and shall state the reasons for~~ 
98.8 	~~the entry of the order. All hearings shall be conducted in accordance with chapter 14.~~ 
98.9 	~~After the hearing, the board shall enter an order making a disposition of the matter as the~~ 
98.10 	~~facts require. If the licensee or applicant fails to appear at a hearing of which that person~~ 
98.11 	~~has been duly notified, the person is in default and the proceeding may be determined~~ 
98.12 	~~against that person upon consideration of the order for hearing, the allegations of which~~ 
98.13 	~~may be deemed to be true.~~
98.14 		~~Subd. 9c.Temporary suspension.~~ ~~(a) The complaint committee may, on~~ 
98.15 	~~behalf of the board and in the public interest, temporarily suspend a license pending~~ 
98.16 	~~final determination of an order for hearing. The complaint committee shall not issue~~ 
98.17 	~~a temporary suspension order until an investigation of the facts has been conducted~~ 
98.18 	~~pursuant to section  214.10 by the attorney general. The complaint committee shall issue a~~ 
98.19 	~~temporary suspension order only when the safety of life or property is threatened or to~~ 
98.20 	~~prevent the commission of fraudulent, deceptive, or dishonest acts against the public.~~ 
98.21 	~~Service of the temporary suspension order is effective if the order is served on the licensee~~ 
98.22 	~~or counsel of record personally or by first class mail to the most recent address provided to~~ 
98.23 	~~the board for the licensee or the counsel of record.~~ 
98.24 	~~(b) If a license is suspended pending final determination of an order for hearing, a~~ 
98.25 	~~hearing on the merits shall be held within 45 days of the issuance of the order of temporary~~ 
98.26 	~~suspension. The administrative law judge shall issue a report within 30 days after closing~~ 
98.27 	~~of the contested case hearing record. The board shall issue a final order within 30 days~~ 
98.28 	~~after receipt of that report and any exceptions.~~
98.29 	~~(c) If the licensee requests a hearing in writing within ten days of service of the~~ 
98.30 	~~order, the board shall hold a hearing before its own members on the sole issue of whether~~ 
98.31 	~~there is a reasonable basis to continue, modify, or vacate the temporary suspension. The~~ 
98.32 	~~board shall hold the hearing within five working days of the licensee's request for hearing.~~ 
98.33 	~~Evidence presented by the complaint committee or licensee shall be in affidavit form only.~~ 
98.34 	~~The licensee or counsel of record for the licensee may appear for oral argument. Within~~ 
98.35 	~~five working days after the hearing, the board shall issue its order either continuing or~~ 
98.36 	~~vacating the temporary suspension.~~
99.1 		~~Subd. 9d.Cease and desist order.~~ ~~(a) Whenever it appears to the complaint~~ 
99.2 	~~committee that any person has engaged or is about to engage in any act or practice~~ 
99.3 	~~constituting a violation of sections  326.241 to  326.248, any other law authorizing the~~ 
99.4 	~~issuance of a cease and desist order, or any rule or order adopted or issued under these~~ 
99.5 	~~sections, the complaint committee may, on behalf of the board, issue and cause to be~~ 
99.6 	~~served upon the person an order requiring the person to cease and desist from violating~~ 
99.7 	~~sections  326.241 to  326.248 or any rule or order adopted or issued under these sections.~~ 
99.8 	~~The complaint committee shall not issue a cease and desist order until an investigation of~~ 
99.9 	~~the facts has been conducted pursuant to section  214.10 by the attorney general. The order~~ 
99.10 	~~shall be calculated to give reasonable notice of the right of the person to request a hearing~~ 
99.11 	~~and shall state the reasons for the entry of the order. If no hearing is requested of the board~~ 
99.12 	~~within 15 days of service of the order, the order shall become final and shall remain in~~ 
99.13 	~~effect until it is modified or vacated by the board and shall not be reviewable by a court.~~ 
99.14 	~~(b) A hearing shall be held not later than 30 days from the date of the board's receipt~~ 
99.15 	~~of a written hearing request, unless otherwise agreed by the person requesting the hearing~~ 
99.16 	~~and the complaint committee. Within 30 days of receipt of the administrative law judge's~~ 
99.17 	~~report and any exceptions, the board shall issue a final order modifying, vacating, or~~ 
99.18 	~~making permanent the cease and desist order as the facts require. The final order remains~~ 
99.19 	~~in effect until modified or vacated by the board.~~
99.20 		~~Subd. 9e.Costs of proceeding.~~ ~~The board may impose a fee to reimburse the~~ 
99.21 	~~board for all or part of the cost of the proceedings resulting in disciplinary action or~~ 
99.22 	~~the imposition of civil penalties or the issuance of a cease and desist order. Such fees~~ 
99.23 	~~include, but are not limited to, the amount paid by the board for services from the office of~~ 
99.24 	~~administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,~~ 
99.25 	~~board members' per diem compensation, board staff time, and expense incurred by board~~ 
99.26 	~~members and staff.~~
99.27 		~~Subd. 9f.District court action; injunctive relief and civil penalties.~~ ~~(a) Whenever~~ 
99.28 	~~it appears to the board, or the complaint committee if authorized by the board, that any~~ 
99.29 	~~person has engaged or is about to engage in any act or practice constituting a violation of~~ 
99.30 	~~sections  326.241 to  326.248 or any rule or order adopted or issued under these sections,~~ 
99.31 	~~the board, or the complaint committee if authorized by the board, may bring an action~~ 
99.32 	~~in the name of the board in the Ramsey County District Court or the district court of~~ 
99.33 	~~any other county in which venue is proper.~~ 
99.34 	~~(b) The action may be brought to enjoin the acts or practices and to enforce~~ 
99.35 	~~compliance with sections  326.241 to  326.248, any other law authorizing a civil or~~ 
99.36 	~~injunctive action, or any rule or order adopted or issued under these sections and for a civil~~ 
100.1 	~~penalty not to exceed $10,000 for each separate violation of sections  326.241 to  326.248,~~ 
100.2 	~~any other law authorizing a civil or injunctive action, or any rule or order adopted or~~ 
100.3 	~~issued under these sections.~~ 
100.4 	~~(c) A temporary restraining order and other temporary injunctive relief shall be~~ 
100.5 	~~granted in the proceeding whenever it appears that any person has engaged in or is about~~ 
100.6 	~~to engage in any act, conduct, or practice constituting violation of sections  326.241 to~~ 
100.7 	~~326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted~~ 
100.8 	~~or issued under these sections. The board shall not be required to show irreparable harm.~~ 
100.9 		~~Subd. 9g.Other remedies.~~ ~~The issuance of a cease and desist order or injunctive~~ 
100.10 	~~relief under this section does not relieve a person from criminal prosecution by any~~ 
100.11 	~~competent authority or from disciplinary action by the board and does not prevent the~~ 
100.12 	~~board from exercising any other authority granted to it.~~
100.13 		~~Subd. 9h.Powers additional.~~ ~~The powers contained in subdivisions 9 to 9g are in~~ 
100.14 	~~addition to all other powers of the board.~~
100.15 		~~Subd. 9i.Cooperation required.~~ ~~A person who is the subject of an investigation,~~ 
100.16 	~~or who is questioned in connection with an investigation, by or on behalf of the board~~ 
100.17 	~~or its complaint committee shall cooperate fully with the investigation. Cooperation~~ 
100.18 	~~includes, but is not limited to:~~
100.19 	~~(1) responding fully and promptly to questions raised by or on behalf of the board or~~ 
100.20 	~~its complaint committee relating to the subject of the investigation;~~
100.21 	~~(2) providing copies of records in the person's possession related to the matter under~~ 
100.22 	~~investigation as requested by the board, its complaint committee, or the attorney general~~ 
100.23 	~~within the time limit set by the board, its complaint committee, or the attorney general;~~
100.24 	~~(3) assisting the board, its complaint committee, or the attorney general in its~~ 
100.25 	~~investigation; and~~
100.26 	~~(4) appearing at conferences or hearings scheduled by the board or its complaint~~ 
100.27 	~~committee.~~
100.28 		~~Subd. 9j.Disciplinary proceedings closed.~~ ~~Proceedings held before the board or~~ 
100.29 	~~its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the~~ 
100.30 	~~requirements of section  13D.01.~~ 
100.31 		~~Subd. 9k.Conflicts of law.~~ ~~If there is a conflict between sections  326.241 to~~ 
100.32 	~~326.248 and chapter 214, sections  326.241 to  326.248 shall control.~~ 
100.33 		~~Subd. 10.Continuation of business by estates.~~ ~~Upon the death of a master who is~~ 
100.34 	~~a contractor, the board may permit the decedent's representative to carry on the business~~ 
100.35 	~~of the decedent for a period not in excess of six months, for the purpose of completing~~ 
100.36 	~~work under contract or otherwise to comply with sections  326.241 to  326.248. The~~ 
101.1 	~~representative shall give such bond as the board may require conditioned upon the faithful~~ 
101.2 	~~and lawful performance of such work and such bond shall be for the benefit of persons~~ 
101.3 	~~injured or suffering financial loss by reason of failure of such performance. Such bond~~ 
101.4 	~~shall be written by a corporate surety licensed to do business in the state of Minnesota.~~ 
101.5 	~~Such representative shall also comply with all public liability and property damage~~ 
101.6 	~~insurance requirements imposed by this chapter upon a licensed contractor.~~ 
101.7 		Subd. 11.~~Reciprocity~~ Comity. ~~To the extent that any other state which provides~~ 
101.8 	~~for the licensing of electricians provides for similar action the board may grant licenses,~~ 
101.9 	~~without examination, of the same grade and class to an electrician who has been licensed~~ 
101.10 	~~by such other state for at least one year, upon payment by the applicant of the required~~ 
101.11 	~~fee and upon the board being furnished with proof that the required fee and upon the~~ 
101.12 	~~board being furnished with proof that the qualifications of the applicant are equal to the~~ 
101.13 	~~qualifications of holders of similar licenses in Minnesota.~~ If the commissioner has entered 
101.14 	into an agreement with another state or group of states, the commissioner may issue 
101.15 	a personal license without requiring the applicant to pass an examination. To receive a 
101.16 	personal license under this subdivision, the applicant must submit an application under 
101.17 	section 326B.33, pay the fee required under section 326B.33, and hold a comparable 
101.18 	license in a state participating in the agreement. Agreements are subject to the following:
101.19 	(1) The parties to the agreement must administer a statewide licensing program that 
101.20 	includes examination and qualifying experience or training.
101.21 	(2) The experience or training requirement under which an individual applicant 
101.22 	qualified for examination in the qualifying state must be deemed equal to or greater than 
101.23 	required for an applicant making application in Minnesota at the time the applicant 
101.24 	acquired the license in the qualifying state.
101.25 	(3) The applicant must have acquired the license in the qualifying state through an 
101.26 	examination deemed equivalent to the same class of license examination in Minnesota. 
101.27 	A lesser class of license may be granted where the applicant has acquired a greater 
101.28 	class of license in the qualifying state and the applicant otherwise meets the conditions 
101.29 	of this subdivision.
101.30 	(4) At the time of application, the applicant must hold a valid license in the 
101.31 	qualifying state and have held the license continuously for at least one year before making 
101.32 	application in Minnesota.
101.33 	(5) An applicant is not eligible for a license under this subdivision if the applicant 
101.34 	has failed the same or greater class of license examination in Minnesota, or if the 
101.35 	applicant's Minnesota license of the same or greater class has been revoked or suspended.
102.1 	(6) An applicant who has failed to renew a personal license for two years or more 
102.2 	after its expiration is not eligible for a license under this subdivision.
102.3 		Subd. 12.Exemptions from licensing. (a) An individual who is a maintenance 
102.4 	electrician ~~who is supervised by the responsible master electrician for a contractor who~~ 
102.5 	~~has contracted with the maintenance electrician's employer to provide services for which~~ 
102.6 	~~a contractor's license is required or by a master electrician or an electrical engineer~~ 
102.7 	~~registered with the board and who is an employee of an employer and is engaged in the~~ 
102.8 	~~maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased~~ 
102.9 	~~by the employer, and performed within the limits of property which is owned or leased~~ 
102.10 	~~and operated and maintained by said employer, shall~~ is not ~~be~~ required to hold or obtain a 
102.11 	license under sections  ~~326.241 to  326.248.~~ 326B.31 to 326B.399 if:
102.12 	(1) the individual is engaged in the maintenance and repair of electrical equipment, 
102.13 	apparatus, and facilities that are owned or leased by the individual's employer and that are 
102.14 	located within the limits of property operated, maintained, and either owned or leased by 
102.15 	the individual's employer;
102.16 	(2) the individual is supervised by:
102.17 	(i) the responsible master electrician for a contractor who has contracted with the 
102.18 	individual's employer to provide services for which a contractor's license is required; or
102.19 	(ii) a licensed master electrician, a licensed maintenance electrician, an electrical 
102.20 	engineer, or, if the maintenance and repair work is limited to technology circuit and system 
102.21 	work, a licensed power limited technician; and
102.22 	(3) the individual's employer has filed with the commissioner a certificate of 
102.23 	responsible person, signed by the responsible master electrician of the contractor, the 
102.24 	licensed master electrician, the licensed maintenance electrician, the electrical engineer, or 
102.25 	the licensed power limited technician, and stating that the person signing the certificate is 
102.26 	responsible for ensuring that the maintenance and repair work performed by the employer's 
102.27 	employees complies with the Minnesota Electrical Act and the rules adopted under that act.
102.28 	(b) Employees of a licensed electrical or technology systems contractor or other 
102.29 	employer where provided with supervision by a master electrician in accordance with 
102.30 	subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 
102.31 	(a), clause (1), are not required to hold a license under sections  ~~326.241 to  326.248~~
102.32 	326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of 
102.33 	technology circuits or systems except planning, laying out, or installing: 
102.34 	(1) in other than residential dwellings, class 2 or class 3 remote control circuits that 
102.35 	control circuits or systems other than class 2 or class 3, except circuits that interconnect 
103.1 	these systems through communication, alarm, and security systems are exempted from 
103.2 	this paragraph;
103.3 	(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 
103.4 	physically unprotected circuits other than class 2 or class 3; or
103.5 	(3) technology circuits and systems in hazardous classified locations as covered by 
103.6 	chapter 5 of the National Electrical Code.
103.7 	(c) Companies and their employees that plan, lay out, install, alter, or repair class 
103.8 	2 and class 3 remote control wiring associated with plug or cord and plug connected 
103.9 	appliances other than security or fire alarm systems installed in a residential dwelling are 
103.10 	not required to hold a license under sections  ~~326.241 to  326.248~~ 326B.31 to 326B.399. 
103.11 	(d) Heating, ventilating, air conditioning, and refrigeration contractors and their 
103.12 	employees are not required to hold or obtain a license under sections  ~~326.241 to~~ 
103.13 	~~326.248~~ 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or 
103.14 	refrigeration work as described in section  326.245. 
103.15 	(e) Employees of any ~~electric~~ electrical, communications, or railway utility, cable 
103.16 	communications company as defined in section  238.02, or a telephone company as defined 
103.17 	under section  237.01 or its employees, or of any independent contractor performing work 
103.18 	on behalf of any such utility, cable communications company, or telephone company, shall 
103.19 	not be required to hold a license under sections  ~~326.241 to  326.248~~ 326B.31 to 326B.399: 
103.20 	(1) while performing work on installations, materials, or equipment which are owned 
103.21 	or leased, and operated and maintained by such utility, cable communications company, or 
103.22 	telephone company in the exercise of its utility, antenna, or telephone function, and which
103.23 	(i) are used exclusively for the generation, transformation, distribution, transmission, 
103.24 	or metering of electric current, or the operation of railway signals, or the transmission 
103.25 	of intelligence and do not have as a principal function the consumption or use of electric 
103.26 	current or provided service by or for the benefit of any person other than such utility, cable 
103.27 	communications company, or telephone company, and
103.28 	(ii) are generally accessible only to employees of such utility, cable communications 
103.29 	company, or telephone company or persons acting under its control or direction, and
103.30 	(iii) are not on the load side of the service point or point of entrance for 
103.31 	communication systems;
103.32 	(2) while performing work on installations, materials, or equipment which are a part 
103.33 	of the street lighting operations of such utility; or
103.34 	(3) while installing or performing work on outdoor area lights which are directly 
103.35 	connected to a utility's distribution system and located upon the utility's distribution poles, 
104.1 	and which are generally accessible only to employees of such utility or persons acting 
104.2 	under its control or direction.
104.3 	(f) An owner shall not be required to hold or obtain a license under sections  ~~326.241~~
104.4 	~~to  326.248~~ 326B.31 to 326B.399. 

104.5 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
104.6 	amendments to subdivision 8 are effective July 1, 2007.

104.7 	Sec. 17. Minnesota Statutes 2006, section 326.243, is amended to read:
104.8 	326.243 SAFETY STANDARDS.
104.9 	All electrical wiring, apparatus and equipment for ~~electric~~ electrical light, heat and 
104.10 	power, technology circuits or systems shall comply with the rules of the department ~~of~~ 
104.11 	~~Commerce or the Department of Labor and Industry, as applicable,~~ and be installed in 
104.12 	conformity with accepted standards of construction for safety to life and property. For the 
104.13 	purposes of this chapter, the rules and safety standards stated at the time the work is done 
104.14 	in the then most recently published edition of the National Electrical Code as adopted by 
104.15 	the National Fire Protection Association, Inc. and approved by the American National 
104.16 	Standards Institute, and the National Electrical Safety Code as published by the Institute 
104.17 	of Electrical and Electronics Engineers, Inc. and approved by the American National 
104.18 	Standards Institute, shall be prima facie evidence of accepted standards of construction 
104.19 	for safety to life and property; provided further, that in the event a Minnesota Building 
104.20 	Code is formulated pursuant to section  16B.61, containing approved methods of electrical 
104.21 	construction for safety to life and property, compliance with said methods of electrical 
104.22 	construction of said Minnesota Building Code shall also constitute compliance with this 
104.23 	section, and provided further, that nothing herein contained shall prohibit any political 
104.24 	subdivision from making and enforcing more stringent requirements than set forth herein 
104.25 	and such requirements shall be complied with by all licensed electricians working within 
104.26 	the jurisdiction of such political subdivisions. 

104.27 	Sec. 18. Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read:
104.28 		Subdivision 1.Required inspection. Except where any political subdivision has by 
104.29 	ordinance provided for electrical inspection similar to that herein provided, every new 
104.30 	electrical installation in any construction, remodeling, replacement, or repair, except minor 
104.31 	repair work as the same is defined by the ~~board~~ commissioner by rule, shall be inspected 
104.32 	by the ~~board~~ commissioner for compliance with accepted standards of construction for 
104.33 	safety to life and property.

105.1 	Sec. 19. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
105.2 		Subd. 1a.Technology systems. (a) The installation of the technology circuits or 
105.3 	systems described in paragraph (b), except:
105.4 	(1) minor work performed by a contractor;
105.5 	(2) work performed by a heating, ventilating, or air conditioning contractor as 
105.6 	described in section 326.245; and 
105.7 	(3) work performed by cable company employees when installing cable 
105.8 	communications systems or telephone company employees when installing telephone 
105.9 	systems,
105.10 	must be inspected as provided in this section for compliance with the applicable provisions 
105.11 	of the National Electrical Code and the applicable provisions of the National Electrical 
105.12 	Safety Code, as those codes were approved by the American National Standards Institute.
105.13 	(b) The inspection requirements in paragraph (a) apply to:
105.14 	(1) ~~remote control circuits controlling~~ class 2 or class 3 remote control circuits that 
105.15 	control circuits or systems other than class 2 or class 3 ~~and indoor lighting~~, except circuits 
105.16 	that interconnect these systems exempted by section 326.242, subdivision 12, paragraph 
105.17 	(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, 
105.18 	or devices containing physically unprotected circuits other than class 2 or class 3; or 
105.19 	technology circuits and systems in hazardous classified locations as covered by chapter 5 
105.20 	of the National Electrical Code; 
105.21 	(2) fire alarm systems, other than in one- or two-family dwellings, as defined in 
105.22 	articles 100 and 760 of the National Electrical Code;
105.23 	(3) technology circuits and systems contained within critical care areas of health 
105.24 	care facilities as defined by the safety standards identified in section 326.243, including, 
105.25 	but not limited to, anesthesia and resuscitative alarm and alerting systems, medical 
105.26 	monitoring, and nurse call systems; ~~and~~
105.27 	(4) physical security systems within detention facilities~~.~~; and
105.28 	(5) circuitry and equipment for indoor lighting systems as defined in article 411 
105.29 	of the National Electrical Code.
105.30 	(c) For the purposes of this subdivision "minor work" means the adjustment or repair 
105.31 	and replacement of worn or defective parts of a technology circuit or system. Minor work 
105.32 	may be inspected under this section at the request of the owner of the property or the 
105.33 	person doing the work.
105.34 	(d) Notwithstanding this subdivision, if an electrical inspector observes that a 
105.35 	contractor, employer, or owner has not complied with accepted standards when the 
105.36 	work was performed, as provided in the most recent editions of the National Electrical 
106.1 	Code and the National Electrical Safety Code as approved by the American National 
106.2 	Standards Institute, the inspector may order the contractor, employer, or owner who has 
106.3 	performed the work to file a request for electrical inspection, pay an inspection fee, and 
106.4 	make any necessary repairs to comply with applicable standards and require that the 
106.5 	work be inspected.

106.6 	Sec. 20. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision 
106.7 	to read:
106.8 		Subd. 1b.Licenses; bond. All inspectors shall hold licenses as master or 
106.9 	journeyman electricians under this chapter. All inspectors under contract with the 
106.10 	department to provide electrical inspection services shall give bond in the amount of 
106.11 	$1,000, conditioned upon the faithful performance of their duties.

106.12 	Sec. 21. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read:
106.13 		Subd. 2.Procedure. (a) At or before commencement of any installation required 
106.14 	to be inspected by the ~~board~~ commissioner, the contractor, installer, special electrician, 
106.15 	or owner making the installation shall submit to the ~~board~~ commissioner a request 
106.16 	for inspection, in a form prescribed by the ~~board~~ commissioner, together with the fees 
106.17 	required for the installation.
106.18 	(b) The fees required are a handling fee and an inspection fee. The handling fee shall 
106.19 	be set by the ~~board~~ commissioner in an amount sufficient to pay the cost of printing and 
106.20 	handling the form requesting an inspection. The inspection fee shall be set by the ~~board~~
106.21 	commissioner in an amount sufficient to pay the actual costs of the inspection and the 
106.22 	~~board's~~ commissioner's costs in administering the inspection. All fees shall be set pursuant 
106.23 	to the procedure of sections  14.001 to  14.69. 
106.24 	(c) If the inspector finds that the installation is not in compliance with accepted 
106.25 	standards of construction for safety to life and property as required by section  326.243, the 
106.26 	inspector shall by written order condemn the installation or noncomplying portion thereof, 
106.27 	or order service to the installation disconnected, and shall send a copy of the order to 
106.28 	the ~~board~~ commissioner. If the installation or the noncomplying part will seriously and 
106.29 	proximately endanger human life and property, the order of the inspector, when approved 
106.30 	by the inspector's superior, shall require immediate condemnation or disconnection. In 
106.31 	all other cases, the order of the inspector shall permit a reasonable opportunity for the 
106.32 	installation to be brought into compliance with accepted standards of construction for 
106.33 	safety to life and property prior to the effective time established for condemnation or 
106.34 	disconnection. 
107.1 	(d) Copies of each condemnation or disconnection order shall be served personally 
107.2 	or by mail upon the property owner, and the contractor, installer, or special electrician 
107.3 	making the installation, and other persons as the ~~board~~ commissioner by rule may direct. 
107.4 	An aggrieved party may appeal any condemnation or disconnection order by filing with the 
107.5 	~~board~~ commissioner a notice of appeal within ten days after (1) service upon the aggrieved 
107.6 	party of the condemnation or disconnection order, if this service is required, or (2) filing 
107.7 	of the order with the ~~board~~ commissioner, whichever is later. The appeal shall proceed 
107.8 	and the order of the inspector shall have the effect the order, by its terms, and the rules of 
107.9 	the ~~board~~ commissioner provides. The ~~board~~ commissioner shall adopt rules providing 
107.10 	procedures for the conduct of appeals, including provisions for the stay of enforcement of 
107.11 	the order of the inspector pending such appeal when justified by the circumstances.

107.12 	Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read:
107.13 		Subd. 3.Duty of electrical utility. No electrical installation subject to inspection 
107.14 	by the ~~board~~ commissioner shall be newly connected or reconnected for use until there 
107.15 	is filed with the electrical utility supplying power a certificate of the property owner or 
107.16 	licensed electrician, directing the work that inspection has been requested and that the 
107.17 	conditions of the installation are safe for energization, provided further, that in all cases 
107.18 	where an order of condemnation or disconnection has been issued against the installation 
107.19 	or any part thereof, prior to connection or reconnection there shall also first be filed with 
107.20 	the electrical utility supplying the power a copy of an order of the inspector or the ~~board~~
107.21 	commissioner dismissing such prior order of condemnation or disconnection or approving 
107.22 	the installation as being in compliance with accepted standards of construction for safety 
107.23 	to life and property. With respect to transient projects, the aforesaid certificate shall also 
107.24 	contain a certification that the request for inspection has been or will be filed with the 
107.25 	~~board~~ commissioner so as to be received by it at least five days prior to the date and time 
107.26 	energization of the installation by the utility is to occur, and that the request for inspection 
107.27 	states such date and time, and it shall be the responsibility of the ~~board~~ commissioner
107.28 	to have inspection of such transient project occur prior to the date and time at which 
107.29 	the request states energization is to occur.

107.30 	Sec. 23. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read:
107.31 		Subd. 4.Powers of political subdivisions. Any political subdivision or the 
107.32 	University of Minnesota may make provision for inspection of electrical installations 
107.33 	within its jurisdiction, in which case it shall keep on file with the ~~board~~ commissioner
107.34 	copies of its current inspection ordinances and codes. No political subdivision or the 
108.1 	University of Minnesota shall require any individual, partnership, corporation or other 
108.2 	business association holding a license from the ~~board~~ commissioner under sections  
108.3 	~~326.241 to  326.248~~ 326B.31 to 326B.399 to pay any license or registration fee, provided 
108.4 	however, that any such political subdivision or the University of Minnesota may provide 
108.5 	by ordinance a requirement that each individual, partnership, corporation or other business 
108.6 	association doing electrical work within the jurisdiction of such political subdivision or 
108.7 	the University of Minnesota have on file with said political subdivision a copy of the 
108.8 	current license issued by the ~~board~~ commissioner or such other evidence of such license as 
108.9 	may be provided by the ~~board~~ commissioner. 
108.10 	Each electrical inspector of any political subdivision or the University of Minnesota 
108.11 	shall be a licensed master or journeyman electrician under section  326.242, subdivision 
108.12 	1, paragraph (1), or 2, paragraph (b), and shall not otherwise engage or be employed in 
108.13 	the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for 
108.14 	light, heat, power, and other purposes and shall have no financial interest in any concern 
108.15 	engaged in any such business. 

108.16 	Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
108.17 		Subd. 5.Exemptions from inspections. Installations, materials, or equipment shall 
108.18 	not be subject to inspection under sections  ~~326.241 to  326.248~~ 326B.31 to 326B.399: 
108.19 	(1) when owned or leased, operated and maintained by any employer whose 
108.20 	maintenance electricians are exempt from licensing under sections  ~~326.241 to  326.248~~
108.21 	326B.31 to 326B.399, while performing electrical maintenance work only as defined by 
108.22 	~~board~~ Department of Labor and Industry rule; 
108.23 	(2) when owned or leased, and operated and maintained by any ~~electric~~ electrical, 
108.24 	communications, or railway utility, cable communications company as defined in section  
108.25 	238.02, or telephone company as defined under section  237.01, in the exercise of its 
108.26 	utility, antenna, or telephone function; and 
108.27 	(i) are used exclusively for the generations, transformation, distribution, 
108.28 	transmission, or metering of electric current, or the operation of railway signals, or the 
108.29 	transmission of intelligence, and do not have as a principal function the consumption or 
108.30 	use of electric current by or for the benefit of any person other than such utility, cable 
108.31 	communications company, or telephone company; and
108.32 	(ii) are generally accessible only to employees of such utility, cable communications 
108.33 	company, or telephone company or persons acting under its control or direction; and
108.34 	(iii) are not on the load side of the service point or point of entrance for 
108.35 	communication systems;
109.1 	(3) when used in the street lighting operations of an ~~electric~~ electrical utility;
109.2 	(4) when used as outdoor area lights which are owned and operated by an ~~electric~~
109.3 	electrical utility and which are connected directly to its distribution system and located 
109.4 	upon the utility's distribution poles, and which are generally accessible only to employees 
109.5 	of such utility or persons acting under its control or direction;
109.6 	(5) when the installation, material, and equipment are in facilities subject to the 
109.7 	jurisdiction of the federal Mine Safety and Health Act; or
109.8 	(6) when the installation, material, and equipment is part of an elevator installation 
109.9 	for which the elevator contractor, licensed under section  326.242, is required to obtain 
109.10 	a permit from the authority having jurisdiction as provided by section  16B.747, and 
109.11 	the inspection has been or will be performed by an elevator inspector certified ~~by the~~ 
109.12 	~~Department of Administration~~ and licensed by the ~~Board of Electricity~~ department. 
109.13 	This exemption shall apply only to installations, material, and equipment permitted 
109.14 	or required to be connected on the load side of the disconnecting means required for 
109.15 	elevator equipment under National ~~Electric~~ Electrical Code Article 620, and elevator 
109.16 	communications and alarm systems within the machine room, car, hoistway, or elevator 
109.17 	lobby. 

109.18 	Sec. 25. Minnesota Statutes 2006, section 326.2441, is amended to read:
109.19 	326.2441 INSPECTION FEE SCHEDULE.
109.20 		Subdivision 1.Schedule. State electrical inspection fees shall be ~~paid according~~ 
109.21 	~~to~~ calculated in accordance with subdivisions 2 to ~~13~~ 15.
109.22 		Subd. 2.Fee for each separate inspection. The minimum fee for each separate 
109.23 	inspection of an installation, replacement, alteration, or repair is ~~$20.~~ $35. Except as 
109.24 	otherwise provided in this section, the maximum number of separate inspections allowed 
109.25 	without payment of an additional fee is the whole number resulting from dividing by 
109.26 	35 the total fee calculated in accordance with this section. Where additional separate 
109.27 	inspections are necessary, additional fees are required to result in a value equal to the total 
109.28 	number of separate inspections multiplied by 35. The fee for any inspections needed after 
109.29 	a "final inspection" is performed shall be calculated without consideration of any fee 
109.30 	paid before the final inspection.
109.31 		Subd. 3.Fee for services, generators, other power supply sources, or feeders to 
109.32 	separate structures. The inspection fee for the installation, addition, alteration, or repair 
109.33 	of each service, change of service, temporary service, generator, other power supply 
109.34 	source, or feeder to a separate structure is:
109.35 	(1) 0 ampere to and including 400 ampere capacity, ~~$25~~ $35;
110.1 	(2) 401 ampere to and including 800 ampere capacity, ~~$50~~ $60; and
110.2 	(3) ampere capacity above 800, ~~$75~~ $100.
110.3 	Where multiple disconnects are grouped at a single location and are supplied by a 
110.4 	single set of supply conductors the cumulative rating of the overcurrent devices shall be 
110.5 	used to determine the supply ampere capacity.
110.6 		Subd. 4.Fee for circuits, feeders, feeder taps, or sets of transformer secondary 
110.7 	conductors. The inspection fee for the installation, addition, alteration, or repair of 
110.8 	each circuit, feeder, feeder tap, or set of transformer secondary conductors, including 
110.9 	the equipment served, is:
110.10 	(1) 0 ampere to and including 200 ampere capacity, ~~$5~~ $6; and
110.11 	(2) ampere capacity above 200, ~~$10~~ $15.
110.12 	Where existing feeders and circuits are reconnected to overcurrent devices installed 
110.13 	as part of the replacement of an existing disconnect, switchboard, motor control center, or 
110.14 	panelboard, the inspection fee for each circuit or feeder is $2.
110.15 		Subd. 5.~~Limitations to fees of subdivisions 3 and 4~~ Inspection fee for dwellings.
 110.16 	(a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family 
110.17 	dwelling ~~with a supply of up to 500 amperes where a combination of ten or more sources~~ 
110.18 	~~of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80.~~ is 
110.19 	the following:
110.20 	(1) the fee for each service or other source of power as provided in subdivision 3;
110.21 	(2) $100 for up to 30 feeders and circuits; and
110.22 	(3) for each additional feeder or circuit, the fee as provided in subdivision 4.
110.23 	This fee applies to each separate installation for new dwellings and ~~additions, alterations,~~ 
110.24 	~~or repairs to existing dwellings and includes not more than two inspections.~~where 15 
110.25 	or more feeders or circuits are installed or extended in connection with any addition, 
110.26 	alteration, or repair to existing dwellings. Where existing feeders and circuits are 
110.27 	reconnected to overcurrent devices installed as part of the replacement of an existing 
110.28 	panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 
110.29 	of separate inspections shall be determined in accordance with subdivision 2. The 
110.30 	fee for additional inspections or other installations is that specified in subdivisions 2 
110.31 	~~to~~, 4, 6, and 8. The installer may submit fees for additional inspections when filing the 
110.32 	request for electrical inspection. The fee for each detached accessory structure directly 
110.33 	associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and 
110.34 	4. When included on the same request for electrical inspection form, inspection fees for 
110.35 	detached accessory structures directly associated with the dwelling unit may be combined 
111.1 	with the dwelling unit fees to determine the maximum number of separate inspections in 
111.2 	accordance with subdivision 2.
111.3 	(b) The inspection fee for each dwelling unit of a multifamily dwelling with three 
111.4 	~~to 12~~ or more dwelling units is ~~$50 and the fee for each additional dwelling unit is $25.~~
111.5 	$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder 
111.6 	or circuit. This fee applies to each separate installation for each new dwelling unit and 
111.7 	where ten or more feeders or circuits are installed or extended in connection with any 
111.8 	addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits 
111.9 	are reconnected to overcurrent devices installed as part of the replacement of an existing 
111.10 	panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 
111.11 	of separate inspections for each dwelling unit shall be determined in accordance with 
111.12 	subdivision 2. The fee for additional inspections or for inspection of other installations 
111.13 	is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the 
111.14 	wiring within individual dwelling units and the final feeder to that unit~~. This limitation is~~ 
111.15 	~~subject to the following conditions:~~
111.16 	~~(1)~~ where the multifamily dwelling is provided with common service equipment 
111.17 	and each dwelling unit is supplied by a separate feeder or feeders extended from common 
111.18 	service or distribution equipment. The fee for multifamily dwelling services or other 
111.19 	power source supplies and all other circuits is that specified in subdivisions 2 to 4~~; and~~.
111.20 	~~(2) this limitation applies only to new installations for multifamily dwellings where~~ 
111.21 	~~the majority of the individual dwelling units are available for inspection during each~~ 
111.22 	~~inspection trip.~~
111.23 	(c) A separate request for electrical inspection form must be filed for each dwelling 
111.24 	unit that is supplied with an individual set of service entrance conductors. These fees are 
111.25 	the one-family dwelling rate specified in paragraph (a).
111.26 		Subd. 6.Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical 
111.27 	supply for each manufactured home park lot is ~~$25~~ $35. This fee includes the service or 
111.28 	feeder conductors up to and including the service equipment or disconnecting means. 
111.29 	The fee for feeders and circuits that extend from the service or disconnecting means is 
111.30 	that specified in subdivision 4.
111.31 	(b) The fee for each recreational vehicle site electrical supply equipment is ~~$5~~ $6 
111.32 	for each circuit originating within the equipment. The fee for recreational vehicle park 
111.33 	services, feeders, and circuits is that specified in subdivisions 3 and 4.
111.34 	(c) The fee for each street, parking lot, or outdoor area lighting standard ~~is $1,~~ and ~~the~~ 
111.35 	~~fee for~~ each traffic signal standard is $5. Circuits originating within the standard or traffic 
111.36 	signal controller shall not be used when ~~computing~~ calculating the fee for each standard.
112.1 	(d) The fee for transformers for light, heat, and power is ~~$10~~ $15 for transformers 
112.2 	rated up to ten kilovolt-amperes and ~~$20~~$30 for transformers rated in excess of ten 
112.3 	kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power 
112.4 	supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power 
112.5 	supplies.
112.6 	(e) The fee for transformers and electronic power supplies for electric signs and 
112.7 	outline lighting is $5 per unit.
112.8 	(f) The fee for ~~alarm, communication, remote control, and signaling~~ technology 
112.9 	circuits or systems, and circuits of less than 50 volts, is ~~50~~ 75 cents for each system device 
112.10 	or apparatus.
112.11 	(g) The fee for each separate inspection of the bonding for a swimming pool, spa, 
112.12 	fountain, an equipotential plane for an agricultural confinement area, or similar installation 
112.13 	~~shall be $20~~ is $35. Bonding conductors and connections require an inspection before 
112.14 	being concealed.
112.15 	(h) The fee for all wiring installed on center pivot irrigation booms is ~~$40~~ $35 plus 
112.16 	$5 for each electrical drive unit.
112.17 	(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per 
112.18 	~~lighting fixture~~ luminaire.
112.19 	(j) When a separate inspection of a concrete-encased grounding electrode is 
112.20 	performed, the fee is $35.
112.21 	(k) The fees required by subdivisions 3 and 4 are doubled for installations over 
112.22 	600 volts.
112.23 		Subd. 7.Investigation fees: work without a request for electrical inspection.
 112.24 	(a) Whenever any work for which a request for electrical inspection is required ~~by the~~ 
112.25 	~~board~~ has begun without the request for electrical inspection form being filed with the 
112.26 	~~board~~ commissioner, a special investigation shall be made before a request for electrical 
112.27 	inspection form is accepted ~~by the board~~.
112.28 	(b) An investigation fee, in addition to the full fee required by subdivisions 1 
112.29 	to 6, shall be paid before an inspection is made. The investigation fee is two times the 
112.30 	~~hourly rate~~ minimum fee specified in subdivision ~~10~~ 2 or the inspection fee required 
112.31 	by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the 
112.32 	investigation fee does not exempt any person from compliance with all other provisions of 
112.33 	the ~~board~~ department rules or statutes nor from any penalty prescribed by law.
112.34 		Subd. 8.Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5, 
112.35 	when reinspection is necessary to determine whether unsafe conditions identified during a 
112.36 	final inspection have been corrected and the conditions are not the subject of an appeal 
113.1 	pending before the ~~board~~ commissioner or any court, a reinspection fee of ~~$20 may~~  $35 
113.2 	shall be assessed in writing by the inspector.
113.3 		Subd. 9.Supplemental fee. When inspections scheduled by the installer are 
113.4 	preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due 
113.5 	to circumstances beyond the control of the inspector, a supplemental inspection fee of 
113.6 	~~$20 may~~  $35 shall be assessed in writing by the inspector.
113.7 		Subd. 10.Special inspection. For inspections not covered in this section, or for 
113.8 	requested special inspections or services, the fee ~~shall be $30~~ is $80 per hour, including 
113.9 	travel time, plus ~~31 cents~~ the standard mileage rate per mile traveled, plus the reasonable 
113.10 	cost of equipment or material consumed. This provision is applicable to inspection 
113.11 	of empty conduits and other jobs as may be determined by the ~~board~~ commissioner. 
113.12 	This fee may also be assessed when installations are not accessible by roadway and 
113.13 	require alternate forms of transportation~~.~~ or are located in the Northwest Angle, or when 
113.14 	inspections are performed outside of Minnesota. For purposes of this subdivision, 
113.15 	the standard mileage rate is the standard mileage rate effective at the time of travel, 
113.16 	as established by the Internal Revenue Service for computing the deductible costs of 
113.17 	operating an automobile for business expense purposes.
113.18 		Subd. 11.Inspection of transitory projects. (a) For inspection of transitory 
113.19 	projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production 
113.20 	sites, and portable road construction plants, the inspection procedures and fees are as 
113.21 	specified in paragraphs (b) to (i).
113.22 	(b) The fee for inspection of each generator or other source of supply is that specified 
113.23 	in subdivision 3. A like fee is required at each engagement or setup.
113.24 	(c) In addition to the fee for generators or other sources of supply, there must be an 
113.25 	inspection of all installed feeders, circuits, and equipment at each engagement or setup at 
113.26 	the hourly rate specified in subdivision 10, with a ~~two-hour~~ one-hour minimum.
113.27 	(d) An owner, operator, or appointed representative of a transitory enterprise 
113.28 	including, but not limited to, festivals, fairs, carnivals, circuses, production companies, 
113.29 	shows, portable road construction plants, and similar enterprises shall notify the ~~board~~
113.30 	commissioner of its itinerary or schedule and make application for initial inspection a 
113.31 	minimum of 14 days before its first engagement or setup. An owner, operator, or appointed 
113.32 	representative of a transitory enterprise who fails to notify the ~~board~~ commissioner 14 
113.33 	days before its first engagement or setup may be subject to the investigation fees specified 
113.34 	in subdivision 7. The owner, operator, or appointed representative shall request inspection 
113.35 	and pay the inspection fee for each subsequent engagement or setup at the time of the initial 
113.36 	inspection. For subsequent engagements or setups not listed on the itinerary or schedule 
114.1 	submitted to the ~~board~~ commissioner and where the ~~board~~ commissioner is not notified at 
114.2 	least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
114.3 	(e) Amusement rides, devices, concessions, attractions, or other units must be 
114.4 	inspected at their first appearance of the year. The inspection fee is ~~$20~~ $35 per unit with a 
114.5 	supply of up to 60 amperes and ~~$30~~ $40 per unit with a supply above 60 amperes.
114.6 	(f) An additional fee at the hourly rate specified in subdivision 10 must be charged 
114.7 	for additional time spent by each inspector if equipment is not ready or available for 
114.8 	inspection at the time and date specified on the application for initial inspection or the 
114.9 	request for electrical inspection form.
114.10 	(g) In addition to the fees specified in paragraphs (a) and (b), a fee of ~~two hours~~ one 
114.11 	hour at the hourly rate specified in subdivision 10 must be charged for inspections required 
114.12 	to be performed on Saturdays, Sundays, holidays, or after regular business hours.
114.13 	(h) The fee for reinspection of corrections or supplemental inspections where an 
114.14 	additional trip is necessary may be assessed as specified in subdivision 8.
114.15 	(i) The ~~board may~~ commissioner shall retain the inspection fee when an owner, 
114.16 	operator, or appointed representative of a transitory enterprise fails to notify the ~~board~~
114.17 	commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
114.18 		Subd. 11a.Negotiated fee. When the fee calculated in accordance with subdivisions 
114.19 	2 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the 
114.20 	commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
114.21 		Subd. 12.Handling fee. The handling fee to pay the cost of printing and handling 
114.22 	of the paper form requesting an electrical inspection is up to $1.
114.23 		Subd. 13.National Electrical Code used for interpretation of provisions. For 
114.24 	purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most 
114.25 	recently adopted edition of the National Electrical Code shall be prima facie evidence of 
114.26 	the definitions, interpretations, and scope of words and terms used.

114.27 	EFFECTIVE DATE. This section is effective July 1, 2007.

114.28 	Sec. 26. Minnesota Statutes 2006, section 326.245, is amended to read:
114.29 	326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
114.30 		Subdivision 1.Manufacturers. Electrical components, apparatus, or appliances 
114.31 	being manufactured within the limits of property which is owned or leased by a 
114.32 	manufacturer and such manufacturer's production employees are not covered by sections 
114.33 	~~326.241 to 326.248~~ 326B.31 to 326B.399. 
115.1 		Subd. 2.Electrical appliance units. Installation, alteration, or repair of electrical 
115.2 	appliance units are not covered by sections ~~326.241 to 326.248~~ 326B.31 to 326B.399. For 
115.3 	the purposes of this section, "electrical appliance units" means all electrical and fossil 
115.4 	fuel appliances that use electricity including, but not limited to, furnaces, water heaters, 
115.5 	stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an 
115.6 	electrical appliance unit is covered by sections ~~326.241 to 326.248~~  326B.31 to 326B.399. 
115.7 		Subd. 3.Other units. Planning, laying out, and installation of heating, ventilating, 
115.8 	air conditioning, or refrigeration units are not covered by sections ~~326.241 to 326.248~~
115.9 	326B.31 to 326B.399. For purposes of this section, heating, ventilating, air conditioning, 
115.10 	or refrigeration units include, but are not limited to, air conditioning units, air conditioning 
115.11 	evaporators, air conditioning condensers, air conditioning and refrigeration chillers, 
115.12 	boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and 
115.13 	supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring 
115.14 	to the unit is covered by sections ~~326.241 to 326.248~~ 326B.31 to 326B.399. 
115.15 		Subd. 4.Other equipment. Planning, laying out, alteration, replacement, or 
115.16 	repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated 
115.17 	devices, controls, and wiring including wiring in or on the equipment, are not covered 
115.18 	by sections ~~326.241 to 326.248~~ 326B.31 to 326B.399 when the work is performed by an 
115.19 	employee of a heating, ventilating, air conditioning, or refrigeration contractor provided 
115.20 	that the employee performing the work has received a certificate of completion from a 
115.21 	heating, ventilating, air conditioning, or refrigeration apprenticeship program approved 
115.22 	by the state of Minnesota or any class of personal ~~electrical~~ license issued by the ~~board~~
115.23 	commissioner. Employees registered in an approved heating, ventilating, air conditioning, 
115.24 	or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air 
115.25 	conditioning, or refrigeration equipment, devices, and controls including wiring in or on 
115.26 	the equipment, under the direction of an employee who has a certificate of completion 
115.27 	from an approved program or any class of personal ~~electrical~~ license issued by the ~~board~~
115.28 	commissioner. The installation of electrical wiring to the unit is covered by sections 
115.29 	~~326.241 to 326.248~~ 326B.31 to 326B.399. 

115.30 	Sec. 27. Minnesota Statutes 2006, section 326.247, is amended to read:
115.31 	326.247 CONTINUITY.
115.32 	~~Persons~~ Individuals now members of the ~~board~~ advisory council shall remain
115.33 	~~in office~~ on the advisory council until the expiration of the terms to which they were 
115.34 	appointed. ~~Board rules, forms, policies and classifications of special electricians now in~~ 
115.35 	~~effect, and not in conflict herewith, shall continue until lawfully modified or repealed.~~

116.1 	Sec. 28. Minnesota Statutes 2006, section 326.248, is amended to read:
116.2 	326.248 CITATION.
116.3 	Sections  ~~326.241 to  326.248~~326B.31 to 326B.399 shall be known as the Minnesota 
116.4 	Electrical Act. 

116.5 	Sec. 29. [326B.31] DEFINITIONS.
116.6 		Subdivision 1.Scope. For purposes of sections 326B.31 to 326B.399, the terms 
116.7 	defined in this section have the meanings given them.
116.8 		Subd. 2.Advisory council. "Advisory council" means the Electrical Licensing and 
116.9 	Inspection Advisory Council authorized by section 326B.32.
116.10 		Subd. 3.Class A electrical contractor. "Class A electrical contractor" means a 
116.11 	licensed contractor whose responsible licensed individual is a licensed Class A master 
116.12 	electrician.
116.13 		Subd. 7.Class B electrical contractor. "Class B electrical contractor" means a 
116.14 	licensed contractor whose responsible licensed individual is a licensed Class B master 
116.15 	electrician.
116.16 		Subd. 11.Complaint committee. "Complaint committee" means the committee 
116.17 	of the advisory council that is described as the complaint committee in section 326B.32, 
116.18 	subdivision 1a.
116.19 		Subd. 16.Elevator constructor. "Elevator constructor" means an individual who 
116.20 	has the necessary qualifications, training, experience, and technical knowledge to wire for, 
116.21 	install, and repair electrical wiring, apparatus, and equipment for elevators and escalators 
116.22 	and who is licensed as an elevator constructor by the commissioner.
116.23 		Subd. 17.Elevator contractor. "Elevator contractor" means a licensed contractor 
116.24 	whose responsible licensed individual is a licensed master elevator constructor.
116.25 		Subd. 18.Licensed electrician. "Licensed electrician" means an individual licensed 
116.26 	by the commissioner as a master electrician, journeyman electrician, installer, or power 
116.27 	limited technician.
116.28 		Subd. 19.Lineman. "Lineman" means an individual who has the necessary 
116.29 	qualifications, training, experience, and technical knowledge to construct and maintain 
116.30 	transmission and distribution systems that are or will be owned or leased by an electrical 
116.31 	utility, and who is licensed as a lineman by the commissioner.
116.32 		Subd. 20.Maintenance electrician. "Maintenance electrician" means an individual 
116.33 	having the necessary qualifications, training, experience, and technical knowledge to 
116.34 	properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed 
117.1 	as a maintenance electrician by the commissioner, or who is exempt from licensing by 
117.2 	sections 326B.32 to 326B.399.
117.3 		Subd. 21.Master elevator constructor. "Master elevator constructor" means 
117.4 	an individual who has the necessary qualifications, training, experience, and technical 
117.5 	knowledge to properly plan, lay out, and supervise the installation of wiring, apparatus, 
117.6 	and equipment for elevators and escalators, and who is licensed as a master elevator 
117.7 	constructor by the commissioner.
117.8 		Subd. 23.Personal license. "Personal license" means any license issued by the 
117.9 	commissioner under section 326B.33 or the rules adopted under section 326B.33, except a 
117.10 	contractor's license.
117.11 		Subd. 27.Responsible licensed individual. A contractor's "responsible licensed 
117.12 	individual" means the licensed Class A master electrician, Class B master electrician, 
117.13 	master elevator constructor, or power limited technician designated in writing by the 
117.14 	contractor in the contractor's license application, or in another manner acceptable to the 
117.15 	commissioner, as the individual responsible for the contractor's compliance with sections 
117.16 	326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The 
117.17 	terms "licensed responsible individual" and "licensed responsible master electrician or 
117.18 	power limited technician" are synonymous.
117.19 		Subd. 29.Technical committee. "Technical committee" means the committee of 
117.20 	the advisory council that is described as the technical committee in section 326B.32, 
117.21 	subdivision 1a.
117.22 		Subd. 30.Technical program committee. "Technical program committee" means 
117.23 	the committee of the advisory council that is described as the technical program committee 
117.24 	in section 326B.32, subdivision 1a.
117.25 		Subd. 32.Technology system contractor. "Technology system contractor" means 
117.26 	a licensed contractor whose responsible licensed individual is a licensed power limited 
117.27 	technician.

117.28 	Sec. 30. REVISOR'S INSTRUCTION.
 117.29 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
117.30 	column A with the number listed in column B. The revisor shall also make necessary 
117.31 	cross-reference changes consistent with the renumbering.

117.32 | | Column A | Column B
117.33 | | 326.01, subd. 2 | 326B.31, subd. 6
117.34 | | 326.01, subd. 3 | 326B.31, subd. 5
117.35 | | 326.01, subd. 4 | 326B.31, subd. 28
117.36 | | 326.01, subd. 5 | 326B.31, subd. 12
118.1 | | 326.01, subd. 6 | 326B.31, subd. 10
118.2 | | 326.01, subd. 6a | 326B.31, subd. 9
118.3 | | 326.01, subd. 6b | 326B.31, subd. 4
118.4 | | 326.01, subd. 6c | 326B.31, subd. 8
118.5 | | 326.01, subd. 6e | 326B.31, subd. 22
118.6 | | 326.01, subd. 6f | 326B.31, subd. 15
118.7 | | 326.01, subd. 6g | 326B.31, subd. 14
118.8 | | 326.01, subd. 6i | 326B.31, subd. 13
118.9 | | 326.01, subd. 6j | 326B.31, subd. 26
118.10 | | 326.01, subd. 6k | 326B.31, subd. 24
118.11 | | 326.01, subd. 6l | 326B.31, subd. 31
118.12 | | 326.01, subd. 6m | 326B.31, subd. 25
118.13 | | 326.241 | 326B.32
118.14 | | 326.242 | 326B.33
118.15 | | 326.2421 | 326B.34
118.16 | | 326.243 | 326B.35
118.17 | | 326.244 | 326B.36
118.18 | | 326.2441 | 326B.37
118.19 | | 326.245 | 326B.38
118.20 | | 326.247 | 326B.39
118.21 | | 326.248 | 326B.399

118.22 	ARTICLE 7
118.23 	PLUMBING

118.24 	Section 1. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
118.25 		Subd. 7.Journeyman plumber. A "journeyman plumber" is ~~any person~~ an 
118.26 	individual, other than a master plumber, who, as a principal occupation, is engaged as an 
118.27 	employee of, or is otherwise working under the direction of, a master plumber in the 
118.28 	practical installation of plumbing.

118.29 	Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
118.30 		Subd. 8.Master plumber. A "master plumber" is ~~any person~~ an individual who is
118.31 	skilled in the planning, superintending, and the practical installation of plumbing ~~and~~, who 
118.32 	is otherwise lawfully qualified to contract for plumbing and installations and to conduct 
118.33 	the business of plumbing and who is familiar with the laws and rules governing the same.

118.34 	Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 9, is amended to read:
118.35 		Subd. 9.Plumber's ~~apprentice~~ trainee. A "plumber's ~~apprentice~~ trainee" 
118.36 	is ~~any person~~ an individual, other than a journeyman or master plumber, who, as a 
119.1 	principal occupation, is engaged in ~~working as an employee of a plumbing contractor~~
119.2 	plumbing work under the ~~immediate and personal~~ direct supervision of either a master 
119.3 	or journeyman plumber ~~or plumbing contractor in learning~~ to learn and ~~assisting~~ assist
119.4 	in the installation of plumbing.

119.5 	EFFECTIVE DATE. This section is effective July 1, 2007.

119.6 	Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
119.7 	326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY 
119.8 	STANDARDS; LICENSE EXEMPTION.
119.9 		Subdivision 1.Rules. The ~~state~~ commissioner ~~of health~~ may, by rule, prescribe 
119.10 	minimum standards which shall be uniform~~,~~ and which ~~standards~~ shall ~~thereafter~~ be 
119.11 	effective for all new plumbing installations, including additions, extensions, alterations, 
119.12 	and replacements connected with any water or sewage disposal system owned or operated 
119.13 	by or for any municipality, institution, factory, office building, hotel, apartment building, 
119.14 	or any other place of business regardless of location or the population of the city or town in 
119.15 	which the installation is to be located. Notwithstanding the provisions of Minnesota Rules, 
119.16 	part 4715.3130, as they apply to review of plans and specifications, the commissioner may 
119.17 	allow plumbing construction, alteration, or extension to proceed without approval of the 
119.18 	plans or specifications by the commissioner.
119.19 	The commissioner shall administer the provisions of sections ~~326.37~~ 326.361 to 
119.20 	~~326.45~~ 326.44 and for such purposes may employ plumbing inspectors and other assistants. 
119.21 		Subd. 1a.Agreements with municipalities. The commissioner may enter into an 
119.22 	agreement with a municipality, in which the municipality agrees to perform plan and 
119.23 	specification reviews required to be performed by the commissioner under Minnesota 
119.24 	Rules, part 4715.3130, if:
119.25 	(a) the municipality has adopted:
119.26 	(1) the plumbing code;
119.27 	(2) an ordinance that requires plumbing plans and specifications to be submitted to, 
119.28 	reviewed, and approved by the municipality, except as provided in paragraph (h); 
119.29 	(3) an ordinance that authorizes the municipality to perform inspections required by 
119.30 	the plumbing code; and
119.31 	(4) an ordinance that authorizes the municipality to enforce the plumbing code in its 
119.32 	entirety, except as provided in paragraph (p);
120.1 	(b) the municipality agrees to review plumbing plans and specifications for all 
120.2 	construction for which the plumbing code requires the review of plumbing plans and 
120.3 	specifications, except as provided in paragraph (n);
120.4 	(c) the municipality agrees that, when it reviews plumbing plans and specifications 
120.5 	under paragraph (b), the review will:
120.6 	(1) reflect the degree to which the plans and specifications affect the public health 
120.7 	and conform to the provisions of the plumbing code;
120.8 	(2) ensure that there is no physical connection between water supply systems that 
120.9 	are safe for domestic use and those that are unsafe for domestic use; and
120.10 	(3) ensure that there is no apparatus through which unsafe water may be discharged 
120.11 	or drawn into a safe water supply system;
120.12 	(d) the municipality agrees to perform all inspections required by the plumbing 
120.13 	code in connection with projects for which the municipality reviews plumbing plans and 
120.14 	specifications under paragraph (b);
120.15 	(e) the commissioner determines that the individuals who will conduct the 
120.16 	inspections and the plumbing plan and specification reviews for the municipality do not 
120.17 	have any conflict of interest in conducting the inspections and the plan and specification 
120.18 	reviews;
120.19 	(f) individuals who will conduct the plumbing plan and specification reviews for 
120.20 	the municipality are: 
120.21 	(1) licensed master plumbers;
120.22 	(2) licensed professional engineers; or
120.23 	(3) individuals who are working under the supervision of a licensed professional 
120.24 	engineer and who: are licensed plumbers; hold a postsecondary degree in engineering; or 
120.25 	are certified by a national model code organization on plumbing systems;
120.26 	(g) individuals who will conduct the plumbing plan and specification reviews for 
120.27 	the municipality have passed a competency assessment required by the commissioner to 
120.28 	assess the individual's competency at reviewing plumbing plans and specifications;
120.29 	(h) individuals who will conduct the plumbing inspections for the municipality 
120.30 	are licensed master or journeyman plumbers, or inspectors meeting the competency 
120.31 	requirements established in rules adopted under section 16B.655;
120.32 	(i) the municipality agrees to enforce in its entirety the plumbing code on all 
120.33 	projects, except as provided in paragraph (p); 
120.34 	(j) the municipality agrees to keep official records of all documents received, 
120.35 	including plans, specifications, surveys, and plot plans, and of all plan reviews, permits 
121.1 	and certificates issued, reports of inspections, and notices issued in connection with 
121.2 	plumbing inspections and the review of plumbing plans and specifications;
121.3 	(k) the municipality agrees to maintain the records described in paragraph (j) in the 
121.4 	official records of the municipality for the period required for the retention of public 
121.5 	records under section 138.17, and shall make these records readily available for review at 
121.6 	the request of the commissioner;
121.7 	(l) the municipality and the commissioner agree that if at any time during the 
121.8 	agreement the municipality does not have in effect the plumbing code or any of ordinances 
121.9 	described in item (a), or if the commissioner determines that the municipality is not 
121.10 	properly administering and enforcing the plumbing code or is otherwise not complying 
121.11 	with the agreement:
121.12 	(1) the commissioner may, effective 14 days after the municipality's receipt of 
121.13 	written notice, terminate the agreement;
121.14 	(2) the municipality may challenge the termination in a contested case before the 
121.15 	commissioner pursuant to the Administrative Procedure Act; and
121.16 	(3) while any challenge is pending under item (2), the commissioner shall perform 
121.17 	plan and specification reviews within the municipality under Minnesota Rules, part 
121.18 	4715.3130;
121.19 	(m) the municipality and the commissioner agree that the municipality may terminate 
121.20 	the agreement with or without cause on 90 days' written notice to the commissioner;
121.21 	(n) the municipality and the commissioner agree that the municipality shall forward 
121.22 	to the state for review all plumbing plans and specifications for the following types of 
121.23 	projects within the municipality:
121.24 	(1) hospitals, nursing homes, supervised living facilities, and similar 
121.25 	health-care-related facilities regulated by the Minnesota Department of Health;
121.26 	(2) buildings owned by the federal or state government; and
121.27 	(3) projects of a special nature for which department review is requested by either 
121.28 	the municipality or the state;
121.29 	(o) where the municipality forwards to the state for review plumbing plans and 
121.30 	specifications, as provided in paragraph (n), the municipality shall not collect any fee for 
121.31 	plan review, and the commissioner shall collect all applicable fees for plan review; and
121.32 	(p) no municipality shall revoke, suspend, or place restrictions on any plumbing 
121.33 	license issued by the state.
121.34 		Subd. 1b.Existing agreements with municipalities. Any agreement between the 
121.35 	commissioner and a municipality in which the municipality has agreed to perform plan 
121.36 	and specification reviews required to be performed by the commissioner under Minnesota 
122.1 	Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall 
122.2 	remain in effect and shall not be required to be in compliance with subdivision 1a. If any 
122.3 	agreement to perform plan and specification reviews required to be performed by the 
122.4 	commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of 
122.5 	subdivision 1a is later terminated by operation of the terms of the agreement or by either 
122.6 	the commissioner or the municipality, or expires, then any new agreement between the 
122.7 	commissioner and the municipality to perform plan and specification reviews required to 
122.8 	be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply 
122.9 	with subdivision 1a.
122.10 		Subd. 2.Standards for capacity. ~~By January 1, 1993,~~ All new floor-mounted water 
122.11 	closets in areas under jurisdiction of the ~~State~~ plumbing code may not have a flush volume 
122.12 	of more than 1.6 gallons. The water closets must meet the standards ~~of the commissioner~~ 
122.13 	~~and~~ in the plumbing code and the standards of the American National Standards Institute.
122.14 		Subd. 3.Exemption. No license or registration authorized by ~~this section~~ sections 
122.15 	326.361 to 326.44 shall be required of any ~~contractor or employee~~ individual engaged 
122.16 	in or employed by a person engaged in the work or business of pipe laying outside of 
122.17 	buildings if such ~~person~~ individual or employer is engaged in a business or trade which 
122.18 	has traditionally performed such work within the state prior to January 1, 1994.

122.19 	Sec. 5. Minnesota Statutes 2006, section 326.38, is amended to read:
122.20 	326.38 LOCAL REGULATIONS.
122.21 	~~Any city having a system of waterworks or sewerage, or any town in which reside~~ 
122.22 	~~over 5,000 people exclusive of any statutory cities located therein, or the metropolitan~~ 
122.23 	~~airports commission,~~ Any of the following entities may, by ordinance, adopt local 
122.24 	regulations providing for plumbing permits, ~~bonds,~~ approval of plans and specifications, 
122.25 	and inspections of plumbing, which regulations are not in conflict with the plumbing 
122.26 	~~standards on the same subject prescribed by the state commissioner of health.~~ code: any 
122.27 	city having a system of waterworks or sewerage, regardless of population; any town 
122.28 	having a population of 5,000 or more according to the last federal census, exclusive of any 
122.29 	statutory cities located therein; and the Metropolitan Airports Commission. No ~~city or~~ 
122.30 	~~such town~~ such entity shall prohibit plumbers licensed by the ~~state~~ commissioner ~~of health~~
122.31 	from engaging in or working at the business of plumbing, except cities and statutory cities 
122.32 	which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such 
122.33 	entity shall require any person who engages in the business of plumbing to post a bond 
122.34 	as a prerequisite for engaging in the business of plumbing, except the bond to the state 
122.35 	required under section 326.40 and except any performance bond required under a contract 
123.1 	with the person for the performance of plumbing work for the entity. No such entity shall 
123.2 	require any person who engages in the business of plumbing to maintain public liability 
123.3 	insurance as a prerequisite for engaging in the business of plumbing, except the insurance 
123.4 	required under section 326.40 and except any public liability insurance required under 
123.5 	a contract with the person for the performance of plumbing work for the entity. Any 
123.6 	city by ordinance may prescribe regulations, reasonable standards, and inspections and 
123.7 	grant permits to any person~~, firm, or corporation~~ engaged in the business of installing 
123.8 	water softeners, who is not licensed as a master plumber or journeyman plumber by the 
123.9 	~~state~~ commissioner ~~of health~~, to connect water softening and water filtering equipment 
123.10 	to private residence water distribution systems, where provision has been previously 
123.11 	made therefor and openings left for that purpose or by use of cold water connections to 
123.12 	a domestic water heater; where it is not necessary to rearrange, make any extension or 
123.13 	alteration of, or addition to any pipe, fixture or plumbing connected with the water system 
123.14 	except to connect the water softener, and provided the connections so made comply with 
123.15 	minimum standards prescribed by the ~~state~~ commissioner ~~of health~~.

123.16 	Sec. 6. Minnesota Statutes 2006, section 326.39, is amended to read:
123.17 	326.39 VIOLATIONS TO BE REPORTED TO ~~STATE~~ COMMISSIONER 
123.18 	~~OF HEALTH~~.
123.19 	Such local authority as may be designated by any such ordinance for the issuance of 
123.20 	such plumbing permits and approval of such plans shall report to the ~~state~~ commissioner 
123.21 	~~of health~~ persistent or willful violation of the same and any incompetence of a licensed 
123.22 	plumber observed by the local authority.

123.23 	Sec. 7. Minnesota Statutes 2006, section 326.40, is amended to read:
123.24 	326.40 LICENSING, BOND AND INSURANCE.
123.25 		Subdivision 1.~~License required~~ Plumbers must be licensed in certain cities; 
123.26 	master and journeyman plumbers; plumbing on one's own premises; rules for 
123.27 	examination. In any city ~~now or hereafter having 5,000 or more population~~ having a 
123.28 	population of 5,000 or more, according to the last federal census, and having a system 
123.29 	of waterworks or sewerage, no ~~person, firm, or corporation~~ individual shall engage in or 
123.30 	work at the business of a master plumber or journeyman plumber unless licensed to do so 
123.31 	by the ~~state~~ commissioner ~~of health~~. A master plumber may also work as a journeyman 
123.32 	plumber. ~~Anyone~~ Any individual not so licensed may do plumbing work which complies 
123.33 	with the provisions of the minimum standard prescribed by the ~~state~~ commissioner ~~of~~ 
124.1 	~~health~~ on premises or that part of premises owned and actually occupied by the worker as 
124.2 	a residence, unless otherwise forbidden to do so by a local ordinance.
124.3 	In any such city no person~~, firm, or corporation~~ shall engage in the business of 
124.4 	planning, superintending, or installing plumbing ~~nor~~ or shall install plumbing in connection 
124.5 	with the dealing in and selling of plumbing material and supplies unless at all times a 
124.6 	licensed master plumber, who shall be responsible for proper planning, superintending, 
124.7 	and installation, is in charge of the plumbing work of the person~~, firm, or corporation~~.
124.8 	The department ~~of Health~~ shall prescribe rules, not inconsistent herewith, for the 
124.9 	examination and licensing of plumbers.
124.10 		Subd. 2.Bond; insurance. Any person contracting to do plumbing work must give 
124.11 	bond to the state in the amount of $25,000 for all work entered into within the state. The 
124.12 	bond shall be for the benefit of persons injured or suffering financial loss by reason of 
124.13 	failure to comply with the requirements of the State Plumbing Code. ~~A~~ The bond ~~given to~~ 
124.14 	~~the state~~ shall be filed with the commissioner ~~of health~~ and ~~shall be in lieu of all other~~ 
124.15 	~~bonds to any political subdivision required for plumbing work. The bond~~ shall be written 
124.16 	by a corporate surety licensed to do business in the state.
124.17 	In addition, each applicant for a master plumber license or renewal thereof, ~~may~~
124.18 	shall provide evidence of public liability insurance, including products liability insurance 
124.19 	with limits of at least $50,000 per person and $100,000 per occurrence and property 
124.20 	damage insurance with limits of at least $10,000. The insurance shall be written by an 
124.21 	insurer licensed to do business in the state of Minnesota and each licensed master plumber 
124.22 	shall maintain on file with the ~~state~~ commissioner ~~of health~~ a certificate evidencing the 
124.23 	insurance providing that the insurance shall not be canceled without the insurer first giving 
124.24 	15 days written notice to the commissioner. The term of the insurance shall be concurrent 
124.25 	with the term of the license. ~~The certificate shall be in lieu of all other certificates required~~ 
124.26 	~~by any political subdivision for licensing purposes.~~
124.27 		Subd. 3.Bond and insurance exemption. If a master plumber ~~who is an employee~~ 
124.28 	~~of a master plumber or who is an employee engaged within the limits of property owned,~~ 
124.29 	~~leased and operated, or maintained by the employer, in the maintenance and repair of~~ 
124.30 	~~plumbing equipment, apparatus, or facilities owned or leased by the employer,~~who is in 
124.31 	compliance with the bond and insurance requirements of subdivision 2 employs another 
124.32 	master plumber, the employee master plumber shall not be required to meet the bond and 
124.33 	insurance requirements of subdivision 2. A master plumber who is an employee working 
124.34 	on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or 
124.35 	leased by their employer and which is within the limits of property owned or leased, and 
125.1 	operated or maintained by their employer, shall not be required to meet the bond and 
125.2 	insurance requirements of subdivision 2.
125.3 		~~Subd. 4.Alternative compliance.~~ ~~Compliance with the local bond requirements of~~ 
125.4 	~~a locale within which work is to be performed shall be deemed to satisfy the bond and~~ 
125.5 	~~insurance requirements of subdivision 2, provided the local ordinance requires at least a~~ 
125.6 	~~$25,000 bond.~~
125.7 		Subd. 5.Fee. ~~The state commissioner of health may charge~~ Each person giving 
125.8 	bond to the state under subdivision 2 shall pay the department an annual bond ~~filing~~
125.9 	registration fee ~~commensurate with the cost of administering the bond and insurance~~ 
125.10 	~~requirements of subdivision 2~~ of $40.

125.11 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
125.12 	amendments to subdivision 5 are effective July 1, 2007.

125.13 	Sec. 8. Minnesota Statutes 2006, section 326.401, is amended to read:
125.14 	326.401 PLUMBER'S ~~APPRENTICES~~ TRAINEES.
125.15 		Subdivision 1.Registration. ~~A~~ All plumber's ~~apprentice~~ trainees must be registered. 
125.16 	To be a registered plumber's trainee, an individual must either:
125.17 	(1) be an apprentice employed in the trade of plumbing under an apprenticeship 
125.18 	agreement approved by the department under Minnesota Rules, part 5200.0300; or
125.19 	(2) be registered with the commissioner ~~of health on a registration application form~~ 
125.20 	~~supplied by the commissioner showing the date of beginning training, age, schooling,~~ 
125.21 	~~previous experience, employer, and other information required by the commissioner.~~
125.22 	under subdivision 3. A registered plumber's trainee is authorized to assist in the installation 
125.23 	of plumbing only while under the direct supervision of a master or journeyman plumber. 
125.24 	The master or journeyman plumber is responsible for ensuring that all plumbing work 
125.25 	performed by the registered plumber's trainee complies with the plumbing code. 
125.26 		Subd. 2.Journeyman exam. A registered plumber's ~~apprentice~~ trainee who has 
125.27 	completed four years of practical plumbing experience is eligible to take the journeyman 
125.28 	plumbing examination. Up to 24 months of practical plumbing experience prior to 
125.29 	~~registration as an apprentice~~becoming a registered plumber's trainee may be applied to the 
125.30 	four-year experience requirement. However, none of this practical plumbing experience 
125.31 	may be applied if the ~~person~~ individual did not have any practical plumbing experience in 
125.32 	the 12-month period immediately prior to ~~registration~~ becoming a registered plumber's 
125.33 	trainee. The commissioner may adopt rules to evaluate whether the ~~person's~~ individual's
125.34 	past practical plumbing experience is applicable in preparing for the journeyman's 
126.1 	examination. If two years after completing the training the ~~person~~ individual has not taken 
126.2 	the examination, the four years of experience shall be forfeited.
126.3 	The commissioner may allow an extension of the two-year period for taking the 
126.4 	exam for cases of hardship or other appropriate circumstances.
126.5 		Subd. 3.Registration, rules, applications, renewals, and fees. ~~The Department of~~ 
126.6 	~~Health may assess fees to pay for the administration of the apprentice registration program.~~
126.7 	A plumber's trainee may register by completing and submitting to the commissioner a 
126.8 	registration form provided by the commissioner. A completed registration form must state 
126.9 	the date the trainee began training, the trainee's age, schooling, previous experience, and 
126.10 	employer, and other information required by the commissioner. The department may 
126.11 	prescribe rules, not inconsistent with this section, for the registration of plumber's trainees. 
126.12 	Each applicant for initial registration as a plumber's trainee shall pay the department 
126.13 	an application fee of $25. Applications for initial registration may be submitted at any 
126.14 	time. Registration must be renewed annually and shall be for the period from July 1 of 
126.15 	each year to June 30 of the following year. Applications for renewal registration must be 
126.16 	received by the commissioner by June 30 of each registration period on forms provided by 
126.17 	the commissioner, and must be accompanied by a fee of $25. An application for renewal 
126.18 	registration received on or after July 1 in any year but no more than three months after 
126.19 	expiration of the previously issued registration must pay the past due renewal fee plus a 
126.20 	late fee of $25. No applications for renewal registration will be accepted more than three 
126.21 	months after expiration of the previously issued registration.

126.22 	EFFECTIVE DATE. This section is effective July 1, 2007.

126.23 	Sec. 9. Minnesota Statutes 2006, section 326.405, is amended to read:
126.24 	326.405 RECIPROCITY WITH OTHER STATES.
126.25 	The commissioner ~~of health~~ may license without examination, upon payment of the 
126.26 	required fee, nonresident applicants who are licensed under the laws of a state having 
126.27 	standards for licensing plumbers which the commissioner determines are substantially 
126.28 	equivalent to the standards of this state if the other state grants similar privileges to 
126.29 	Minnesota residents duly licensed in this state.

126.30 	Sec. 10. Minnesota Statutes 2006, section 326.42, is amended to read:
126.31 	326.42 APPLICATIONS, FEES.
126.32 		Subdivision 1.Application. Applications for plumber's license shall be made to 
126.33 	the ~~state~~ commissioner ~~of health~~, with fee. Unless the applicant is entitled to a renewal, 
127.1 	the applicant shall be licensed by the ~~state~~ commissioner ~~of health~~ only after passing a 
127.2 	satisfactory examination by the examiners showing fitness. Unless examination fees have 
127.3 	been set by a contract under section 326B.05, examination fees for both journeyman and 
127.4 	master plumbers shall be ~~in an amount prescribed by the state commissioner of health~~ 
127.5 	~~pursuant to section  144.122~~ $50 for each examination. Upon being notified ~~that~~ of having 
127.6 	successfully passed the examination for original license the applicant shall submit an 
127.7 	application, with the license fee herein provided. ~~License fees shall be in an amount~~ 
127.8 	~~prescribed by the state commissioner of health pursuant to section  144.122. Licenses shall~~ 
127.9 	~~expire and be renewed as prescribed by the commissioner pursuant to section  144.122.~~
127.10 	The license fee for each initial and renewal master plumber's license shall be $120. The 
127.11 	license fee for each initial and renewal journeyman plumber's license shall be $55. The 
127.12 	commissioner may by rule prescribe for the expiration and renewal of licenses. Any 
127.13 	licensee who does not renew a license within two years after the license expires is no 
127.14 	longer eligible for renewal. Such an individual must retake and pass the examination 
127.15 	before a new license will be issued. A journeyman or master plumber who submits a 
127.16 	license renewal application after the time specified in rule but within two years after the 
127.17 	license expired must pay all past due renewal fees plus a late fee of $25.
127.18 		Subd. 2.Fees for plan reviews and audits. Plumbing system plans and 
127.19 	specifications that are submitted to the commissioner for review shall be accompanied by 
127.20 	the appropriate plan examination fees. If the commissioner determines, upon review of 
127.21 	the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior 
127.22 	to plan approval. The commissioner shall charge the following fees for plan reviews and 
127.23 	audits of plumbing installations for public, commercial, and industrial buildings:
127.24 	(1) systems with both water distribution and drain, waste, and vent systems and 
127.25 	having:
127.26 	(i) 25 or fewer drainage fixture units, $150;
127.27 	(ii) 26 to 50 drainage fixture units, $250;
127.28 	(iii) 51 to 150 drainage fixture units, $350;
127.29 	(iv) 151 to 249 drainage fixture units, $500;
127.30 	(v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum 
127.31 	of $4,000; and
127.32 	(vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch 
127.33 	basin design;
127.34 	(2) building sewer service only, $150;
127.35 	(3) building water service only, $150;
128.1 	(4) building water distribution system only, no drainage system, $5 per supply 
128.2 	fixture unit or $150, whichever is greater;
128.3 	(5) storm drainage system, a minimum fee of $150 or:
128.4 	(i) $50 per drain opening, up to a maximum of $500; and
128.5 	(ii) $70 per interceptor, separator, or catch basin design;
128.6 	(6) manufactured home park or campground, one to 25 sites, $300;
128.7 	(7) manufactured home park or campground, 26 to 50 sites, $350;
128.8 	(8) manufactured home park or campground, 51 to 125 sites, $400;
128.9 	(9) manufactured home park or campground, more than 125 sites, $500;
128.10 	(10) accelerated review, double the regular fee, one-half to be refunded if no 
128.11 	response from the commissioner within 15 business days; and
128.12 	(11) revision to previously reviewed or incomplete plans:
128.13 	(i) review of plans for which the commissioner has issued two or more requests for 
128.14 	additional information, per review, $100 or ten percent of the original fee, whichever 
128.15 	is greater;
128.16 	(ii) proposer-requested revision with no increase in project scope, $50 or ten percent 
128.17 	of original fee, whichever is greater; and
128.18 	(iii) proposer-requested revision with an increase in project scope, $50 plus the 
128.19 	difference between the original project fee and the revised project fee.
128.20 		Subd. 3.Inspection fees. The commissioner shall charge the following fees for 
128.21 	inspections under sections 326.361 to 326.44:

128.22 | Residential inspection fee (each visit) | $50
128.23

128.24

Public, commercial, and industrial 
inspections

Inspection fee

128.25 | 25 or fewer drainage fixture units | $300
128.26 | 26 to 50 drainage fixture units | $900
128.27 | 51 to 150 drainage fixture units | $1,200
128.28 | 151 to 249 drainage fixture units | $1,500
128.29 | 250 or more drainage fixture units | $1,800
128.30 | Callback fee (each visit) | $100

128.31 	EFFECTIVE DATE. This section is effective July 1, 2007.

128.32 	Sec. 11. [326B.41] PURPOSE.
128.33 	The purpose of sections 326B.41 to 326B.49 is to promote the public health and 
128.34 	safety through properly designed, acceptably installed, and adequately maintained 
128.35 	plumbing systems.

129.1 	Sec. 12. [326B.42] DEFINITIONS.
129.2 		Subdivision 1.Words, terms, and phrases. For purposes of sections 326B.41 to 
129.3 	326B.49, the terms defined in this section have the meanings given to them.
129.4 		Subd. 2.Direct supervision. The term "direct supervision," with respect to direct 
129.5 	supervision of a plumber's trainee by a master or journeyman plumber, means that:
129.6 	(1) at all times while the plumber's trainee is performing plumbing work, the master 
129.7 	or journeyman plumber is present at the location where the plumber's trainee is working;
129.8 	(2) the master or journeyman plumber is immediately available to the plumber's 
129.9 	trainee at all times for assistance and direction;
129.10 	(3) the master or journeyman plumber actually reviews the plumbing work 
129.11 	performed by the plumber's trainee before the plumbing is operated; and
129.12 	(4) the master or journeyman plumber is able to and does determine that all 
129.13 	plumbing work performed by the plumber's trainee is performed in compliance with 
129.14 	the plumbing code.
129.15 		Subd. 5.Municipality. The term "municipality" shall have the meaning given to it 
129.16 	in section 16B.60, subdivision 3.
129.17 		Subd. 6.Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

129.18 	Sec. 13. REVISOR'S INSTRUCTION.
 129.19 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
129.20 	column A with the number listed in column B. The revisor shall also make necessary 
129.21 	cross-referenced changes consistent with the renumbering.

129.22 | Column A | Column B
129.23 | 326.01, subd. 7 | 326B.42, subd. 3
129.24 | 326.01, subd. 8 | 326B.42, subd. 4
129.25 | 326.01, subd. 9 | 326B.42, subd. 7
129.26 | 326.37 | 326B.43
129.27 | 326.38 | 326B.44
129.28 | 326.39 | 326B.45
129.29 | 326.40 | 326B.46
129.30 | 326.401 | 326B.47
129.31 | 326.405 | 326B.48
129.32 | 326.42 | 326B.49

129.33 	ARTICLE 8
129.34 	WATER CONDITIONING CONTRACTORS AND INSTALLERS

129.35 	Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
130.1 		Subdivision 1.Rulemaking by commissioner ~~of health~~. The ~~state~~ commissioner 
130.2 	~~of health~~ shall, by rule, prescribe minimum standards which shall be uniform, and 
130.3 	which standards shall thereafter be effective for all new water conditioning servicing 
130.4 	and water conditioning installations, including additions, extensions, alterations, and 
130.5 	replacements connected with any water or sewage disposal system owned or operated by 
130.6 	or for any municipality, institution, factory, office building, hotel, apartment building or 
130.7 	any other place of business, regardless of location or the population of the city, county 
130.8 	or town in which located. ~~Such rules, upon approval of the attorney general and their~~ 
130.9 	~~legal publication, shall have the force of law, and the violation of any part thereof shall~~ 
130.10 	~~constitute a misdemeanor and may be enjoined by the attorney general.~~

130.11 	Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
130.12 	326.58 LOCAL REGULATIONS.
130.13 	Any city or town with a population of 5,000 or more ~~persons~~ according to the last 
130.14 	federal census may, by ordinance, adopt local regulations providing for water conditioning 
130.15 	permits, bonds, approval of plans, and inspections of water conditioning installations and 
130.16 	servicing, which regulations shall not be in conflict with the water conditioning standards 
130.17 	on the same subject prescribed by the ~~state~~ commissioner ~~of health~~. No such city or 
130.18 	town shall prohibit water conditioning contractors or installers licensed by the ~~state~~
130.19 	commissioner ~~of health~~ from engaging in or working at the business.

130.20 	Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
130.21 	326.59 VIOLATIONS TO BE REPORTED TO ~~STATE~~ COMMISSIONER 
130.22 	~~OF HEALTH~~.
130.23 	Such local authority as may be designated by any such ordinance for the issuance 
130.24 	of such water conditioning installation and servicing permits and approval of such plans 
130.25 	shall report to the ~~state~~ commissioner ~~of health~~ persistent or willful violations of the 
130.26 	same and any incompetence of a licensed water conditioning contractor or licensed water 
130.27 	conditioning installer observed by the local authority.

130.28 	Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
130.29 	326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
130.30 		Subdivision 1.Licensing in certain cities. In any city or town ~~now or hereafter~~
130.31 	having a population of 5,000 or more according to the last federal census, no person~~, firm,~~ 
130.32 	~~or corporation~~ shall engage in or work at the business of water conditioning installation or 
131.1 	servicing after January 1, 1970, unless ~~(a)~~ (1) at all times ~~a person~~ an individual licensed 
131.2 	as a water conditioning contractor by the ~~state~~ commissioner ~~of health~~ shall be responsible 
131.3 	for the proper water conditioning installation and servicing work of such person~~, firm, or~~ 
131.4 	~~corporation~~, and ~~(b)~~ (2) all installations, other than exchanges of portable equipment, are 
131.5 	~~actually made~~ performed by a licensed water conditioning contractor or licensed water 
131.6 	conditioning installer. ~~Anyone~~ Any individual not so licensed may ~~do~~ perform water 
131.7 	conditioning work ~~which~~ that complies with ~~the provisions of~~ the minimum standard 
131.8 	prescribed by the ~~state~~ commissioner ~~of health~~ on premises or that part of premises owned 
131.9 	and ~~actually~~ occupied by the worker as a residence, unless otherwise ~~forbidden to do so~~
131.10 	prohibited by a local ordinance.
131.11 		Subd. 2.Qualifications for licensing. A water conditioning contractor license 
131.12 	shall be issued only to ~~a person~~ an individual who has demonstrated skill in planning, 
131.13 	superintending, and servicing water conditioning installations. A water conditioning 
131.14 	installer license shall only be issued to ~~a person~~ an individual other than a water 
131.15 	conditioning contractor who has demonstrated practical knowledge of water conditioning 
131.16 	installation.
131.17 		Subd. 3.Rules. The ~~state~~ commissioner ~~of health~~ shall:
131.18 	~~(a)~~ (1) prescribe rules, not inconsistent herewith, for the licensing of water 
131.19 	conditioning contractors and installers;
131.20 	~~(b)~~ (2) license water conditioning contractors and installers;
131.21 	~~(c)~~ (3) prescribe rules not inconsistent herewith for the examining of water 
131.22 	conditioning contractors and installers prior to first granting a license as a water 
131.23 	conditioning contractor or water conditioning installer; and
131.24 	~~(d)~~ (4) collect an examination fee from each examinee for a license as a water 
131.25 	conditioning contractor and ~~a~~ an examination fee from each examinee for a license 
131.26 	as a water conditioning installer in an amount ~~prescribed by the state commissioner of~~ 
131.27 	~~health pursuant to~~ set forth in section ~~144.122~~ 326.62. A water conditioning installer 
131.28 	must successfully pass the examination for water conditioning contractors before being 
131.29 	licensed as a water conditioning contractor. 

131.30 	Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
131.31 	326.601 ALTERNATIVE STATE BONDING AND INSURANCE 
131.32 	REGULATION.
131.33 		Subdivision 1.Bonds. (a) An applicant for a water conditioning contractor or 
131.34 	installer license or renewal thereof who is required by any political subdivision to give a 
131.35 	bond to obtain or maintain the license, may comply with any political subdivision bonding 
132.1 	requirement by giving a bond to the state as described in paragraph (b). No applicant for a 
132.2 	water conditioning contractor or installer license who maintains the bond under paragraph 
132.3 	(b) shall be otherwise required to meet the bond requirements of any political subdivision.
132.4 	(b) Each bond given to the state under this subdivision shall be in the total ~~penal~~ sum 
132.5 	of $3,000 conditioned upon the faithful and lawful performance of all water conditioning 
132.6 	contracting or installing work done within the state. The bond shall be for the benefit of 
132.7 	persons suffering injuries or damages due to the work. The bond shall be filed with the 
132.8 	commissioner ~~of health~~ and shall be written by a corporate surety licensed to do business 
132.9 	in this state. ~~No applicant for a water conditioning contractor or installer license who~~ 
132.10 	~~maintains the bond under this subdivision shall be otherwise required to meet the bond~~ 
132.11 	~~requirements of any political subdivision.~~ The bond must remain in effect at all times 
132.12 	while the application is pending and while the license is in effect.
132.13 		Subd. 2.Insurance. (a) Each applicant for a water conditioning contractor or 
132.14 	installer license or renewal thereof ~~may, in lieu of all other insurance requirements of any~~ 
132.15 	~~political subdivision for said licensing purposes, maintain the insurance specified by~~ 
132.16 	~~this subdivision.~~ who is required by any political subdivision to maintain insurance to 
132.17 	obtain or maintain the license may comply with any political subdivision's insurance 
132.18 	requirement by maintaining the insurance described in paragraph (b). No applicant for a 
132.19 	water conditioning contractor or installer license who maintains the insurance described 
132.20 	in paragraph (b) shall be otherwise required to meet the insurance requirements of any 
132.21 	political subdivision.
132.22 	(b) The insurance shall provide coverage, including products liability coverage, 
132.23 	for all damages in connection with licensed work for which the licensee is liable, with 
132.24 	personal damage limits of at least $50,000 per person and $100,000 per occurrence and 
132.25 	property damage insurance with limits of at least $10,000. The insurance shall be written 
132.26 	by an insurer licensed to do business in this state and ~~each licensed water conditioning~~ 
132.27 	~~contractor or installer shall maintain on file with the commissioner of health~~ a certificate 
132.28 	evidencing the insurance shall be filed with the commissioner. The insurance must remain 
132.29 	in effect at all times while the application is pending and while the license is in effect. The 
132.30 	insurance shall not be canceled without the insurer first giving 15 days' written notice to 
132.31 	the commissioner.
132.32 		Subd. 3.Bond and insurance exemption. A water conditioning contractor or 
132.33 	installer who is an employee of a water conditioning contractor or installer, including 
132.34 	an employee engaged in the maintenance and repair of water conditioning equipment, 
132.35 	apparatus, or facilities owned, leased and operated, or maintained by the employer, is 
133.1 	not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 
133.2 	any political subdivision.
133.3 		Subd. 4.Fee. The commissioner ~~of health may establish by rule an additional~~ 
133.4 	~~fee commensurate with the cost of administering the bond and insurance requirements~~ 
133.5 	~~of subdivisions 1 and 2, which may be charged~~ shall collect a $40 bond registration fee 
133.6 	from each applicant for issuance or renewal of a water conditioning contractor or installer 
133.7 	license who elects to proceed under subdivisions 1 and 2.

133.8 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
133.9 	amendments to subdivision 4 are effective July 1, 2007.

133.10 	Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
133.11 		Subdivision 1.Water conditioning installation. "Water conditioning installation" 
133.12 	~~as used in sections  326.57 to  326.65~~ means the installation of appliances, appurtenances, 
133.13 	and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical 
133.14 	or bacterial content, said installation to be made in a water distribution system serving a 
133.15 	single family residential unit, which has been initially established by a licensed plumber, 
133.16 	and does not involve a direct connection without an air gap to a soil or waste pipe. 

133.17 	Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
133.18 		Subd. 2.Water conditioning servicing. "Water conditioning servicing" ~~as used in~~ 
133.19 	~~sections  326.57 to  326.65~~ means the servicing (including servicing prior to installation) of 
133.20 	a water conditioning installation. 

133.21 	Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
133.22 		Subd. 3.Rules. In order to provide effective protection of the public health, the 
133.23 	~~state~~ commissioner ~~of health~~ may by rule prescribe limitations on the nature of alteration 
133.24 	to, extension of, or connection with, the said water distribution system initially established 
133.25 	by a licensed plumber which may be performed by a person licensed hereunder, and may 
133.26 	by rule in appropriate instances require filing of plans, blueprints and specifications prior 
133.27 	to commencement of installation. ~~Such rules, upon approval of the attorney general and~~ 
133.28 	~~their legal publication, shall have the force of law, and the violation of any part thereof~~ 
133.29 	~~shall constitute a misdemeanor.~~ The installation of water heaters shall not constitute water 
133.30 	conditioning installation and consequently such work shall be accomplished in accordance 
133.31 	with the provisions of sections ~~326.37~~ 326.361 to ~~326.45~~ 326.44. 

133.32 	Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
134.1 		Subd. 4.Single family residential unit. "Single family residential unit" ~~as used in~~ 
134.2 	~~sections  326.57 to  326.65~~ means a building or portion thereof which is arranged, designed, 
134.3 	used or intended to be used for residential occupancy by one family, but not including a 
134.4 	motel, hotel or rooming house. 

134.5 	Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
134.6 	326.62 ~~APPLICATIONS;~~ FEES.
134.7 	~~Applications for water conditioning contractor's or installer's licenses shall be~~ 
134.8 	~~made to the state commissioner of health with the fee prescribed by the commissioner~~ 
134.9 	~~pursuant to section  144.122. Licenses shall expire and be renewed as prescribed by~~ 
134.10 	~~the commissioner pursuant to section  144.122.~~ Unless examination fees have been set 
134.11 	by a contract under section 326B.05, examination fees for both water conditioning 
134.12 	contractors and water conditioning installers shall be $50 for each examination. Each 
134.13 	water conditioning contractor and installer license shall expire on December 31 of the year 
134.14 	for which it was issued. The license fee for each initial water conditioning contractor's 
134.15 	license shall be $70, except that the license fee shall be $35 if the application is submitted 
134.16 	during the last three months of the calendar year. The license fee for each renewal water 
134.17 	conditioning contractor's license shall be $70. The license fee for each initial water 
134.18 	conditioning installer license shall be $35, except that the license fee shall be $17.50 if the 
134.19 	application is submitted during the last three months of the calendar year. The license fee 
134.20 	for each renewal water conditioning installer license shall be $35. The commissioner may 
134.21 	by rule prescribe for the expiration and renewal of licenses. Any licensee who does not 
134.22 	renew a license within two years after the license expires is no longer eligible for renewal. 
134.23 	Such an individual must retake and pass the examination before a new license will be 
134.24 	issued. A water conditioning contractor or water conditioning installer who submits a 
134.25 	license renewal application after the time specified in rule but within two years after the 
134.26 	license expired must pay all past due renewal fees plus a late fee of $25.

134.27 	EFFECTIVE DATE. This section is effective July 1, 2007.

134.28 	Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
134.29 	326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
134.30 	The provisions of sections  326.57 to  326.65~~which~~ that require ~~the obtaining of~~
134.31 	licenses to engage in the work or business of water conditioning installation, and the 
134.32 	provisions ~~which~~ that provide for the examination of applicants for such licenses, shall 
134.33 	only apply to work accomplished in cities or towns having populations of 5,000 or more 
135.1 	according to the last federal census, and shall not apply to master plumbers and journeymen 
135.2 	plumbers licensed under the provisions of sections ~~326.37~~ 326.361 to ~~326.45~~ 326.44. 

135.3 	Sec. 12. [326B.50] DEFINITIONS.
135.4 		Subdivision 1.Words, terms, and phrases. For the purposes of sections 326B.50 
135.5 	to 326B.59, the terms defined in this section have the meanings given them.

135.6 	Sec. 13. REVISOR'S INSTRUCTION.
 135.7 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
135.8 	column A with the number listed in column B. The revisor shall also make necessary 
135.9 	cross-reference changes consistent with the renumbering.

135.10 | Column A | Column B
135.11 | 326.57 | 326B.52
135.12 | 326.58 | 326B.53
135.13 | 326.59 | 326B.54
135.14 | 326.60 | 326B.55
135.15 | 326.601 | 326B.56
135.16 | 326.61, subd. 1 | 326B.50, subd. 3
135.17 | 326.61, subd. 2 | 326B.50, subd. 4
135.18 | 326.61, subd. 3 | 326B.57
135.19 | 326.61, subd. 4 | 326B.50, subd. 2
135.20 | 326.62 | 326B.58
135.21 | 326.65 | 326B.59

135.22 	ARTICLE 9
135.23 	RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

135.24 	Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
135.25 	325E.58 SIGN CONTRACTOR; BOND.
135.26 	(a) A sign contractor may post a compliance bond with the commissioner, 
135.27 	conditioned that the sign contractor shall faithfully perform duties and comply with laws, 
135.28 	ordinances, rules, and contracts entered into for the installation of signs. The bond must 
135.29 	be renewed annually and maintained for so long as determined by the commissioner. The 
135.30 	aggregate liability of the surety on the bond to any and all persons, regardless of the 
135.31 	number of claims made against the bond, may not exceed the annual amount of the bond. 
135.32 	The bond may be canceled as to future liability by the surety upon 30 days' written notice 
135.33 	mailed to the commissioner by United States mail.
136.1 	(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by 
136.2 	a local unit of government that requires sign ~~installers~~ contractors to post a compliance 
136.3 	bond. The bond is in lieu of any compliance bond required by a local unit of government.
136.4 	(c) For purposes of this section, "sign" means a device, structure, fixture, or 
136.5 	placard using graphics, symbols, or written copy that is erected on the premises of an 
136.6 	establishment including the name of the establishment or identifying the merchandise, 
136.7 	services, activities, or entertainment available on the premises.

136.8 	Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
136.9 		Subd. 6.Lessee. "Lessee" means one who rents or leases residential real estate 
136.10 	pursuant to a written lease agreement of at least one year's duration.

136.11 	Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
136.12 		Subd. 7.Licensee. "Licensee" means a residential building contractor, residential 
136.13 	remodeler, manufactured home installer, or residential roofer licensed under sections 
136.14 	326.83 to  ~~326.991~~ 326.98. 

136.15 	Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
136.16 		Subd. 11.Owner. ~~Except in section  326.91, subdivision 1, "owner" means a person~~ 
136.17 	~~who has any legal or equitable interest in real property. For purposes of sections  326.83~~
136.18 	~~to  326.991, "owner" does not include a residential building contractor or residential~~ 
136.19 	~~remodeler who constructs or improves its own property for purposes of speculation. A~~ 
136.20 	~~residential building contractor or residential remodeler will be presumed to be building or~~ 
136.21 	~~improving for purposes of speculation if it constructs or improves more than one property~~ 
136.22 	~~within any 24-month period.~~ "Owner," when used in connection with real property, means 
136.23 	a person who has any legal or equitable interest in the real property.

136.24 	Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
136.25 		Subd. 18.Residential roofer. "Residential roofer" means a person in the business 
136.26 	of contracting, or offering to contract with an owner, to complete work on residential real 
136.27 	estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of 
136.28 	roof systems, but not construction of new roof systems.

136.29 	Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
136.30 		Subd. 19.Special skill. "Special skill" means one of the following eight categories:
136.31 	(a)  Excavation. Excavation includes work in any of the following areas: 
137.1 	(1) excavation;
137.2 	(2) trenching;
137.3 	(3) grading; and
137.4 	(4) site grading.
137.5 	(b)  Masonry and concrete. Masonry and concrete includes work in any of the 
137.6 	following areas: 
137.7 	(1) drain systems;
137.8 	(2) poured walls;
137.9 	(3) slabs and poured-in-place footings;
137.10 	(4) masonry walls;
137.11 	(5) masonry fireplaces;
137.12 	(6) masonry veneer; and
137.13 	(7) water resistance and waterproofing.
137.14 	(c)  Carpentry. Carpentry includes work in any of the following areas: 
137.15 	(1) rough framing;
137.16 	(2) finish carpentry;
137.17 	(3) doors, windows, and skylights;
137.18 	(4) porches and decks, excluding footings;
137.19 	(5) wood foundations; and
137.20 	(6) drywall installation, excluding taping and finishing.
137.21 	(d)  Interior finishing. Interior finishing includes work in any of the following areas: 
137.22 	(1) floor covering;
137.23 	(2) wood floors;
137.24 	(3) cabinet and counter top installation;
137.25 	(4) insulation and vapor barriers;
137.26 	(5) interior or exterior painting;
137.27 	(6) ceramic, marble, and quarry tile;
137.28 	(7) ornamental guardrail and installation of prefabricated stairs; and
137.29 	(8) wallpapering.
137.30 	(e)  Exterior finishing. Exterior finishing includes work in any of the following 
137.31 	areas: 
137.32 	(1) siding;
137.33 	(2) soffit, fascia, and trim;
137.34 	(3) exterior plaster and stucco;
137.35 	(4) painting; and
137.36 	(5) rain carrying systems, including gutters and down spouts.
138.1 	(f)  Drywall and plaster. Drywall and plaster includes work in any of the following 
138.2 	areas: 
138.3 	(1) installation;
138.4 	(2) taping;
138.5 	(3) finishing;
138.6 	(4) interior plaster;
138.7 	(5) painting; and
138.8 	(6) wallpapering.
138.9 	(g)  Residential roofing. Residential roofing includes work in any of the following 
138.10 	areas: 
138.11 	(1) roof coverings;
138.12 	(2) roof sheathing;
138.13 	(3) roof weatherproofing and insulation; and
138.14 	(4) repair of roof support system, but not construction of new roof support system.
138.15 	(h)  General installation specialties. Installation includes work in any of the 
138.16 	following areas: 
138.17 	(1) garage doors and openers;
138.18 	(2) pools, spas, and hot tubs;
138.19 	(3) fireplaces and wood stoves;
138.20 	(4) asphalt paving and seal coating; and
138.21 	(5) ~~exterior plaster and stucco; and~~
138.22 	~~(6)~~ ornamental guardrail and prefabricated stairs.

138.23 	Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
138.24 		Subd. 20.Specialty contractor. "Specialty contractor" means a person in the 
138.25 	business of contracting or offering to contract to build or improve residential real estate by 
138.26 	providing only one special skill as defined in this section.

138.27 	Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
138.28 	326.84 LICENSING REQUIREMENTS.
138.29 		Subdivision 1.Persons required to be licensed. A person who meets the definition 
138.30 	of a residential building contractor as defined in section 326.83, subdivision 15, must be 
138.31 	licensed as a residential building contractor by the commissioner. A person who meets 
138.32 	the definition of a residential remodeler as defined in section  326.83, subdivision ~~16,~~ 
138.33 	~~or a residential building contractor as defined in section  326.83, subdivision 15, must~~ 
138.34 	~~be licensed as a residential building contractor or residential remodeler.~~16, must be 
139.1 	licensed by the commissioner as a residential remodeler or residential building contractor. 
139.2 	A person who meets the definition of a residential roofer as defined in section 18 must 
139.3 	be licensed by the commissioner as a residential roofer, residential building contractor, 
139.4 	or residential remodeler. A person who meets the definition of a manufactured home 
139.5 	installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured 
139.6 	home installer by the commissioner.
139.7 		Subd. 1a.Persons who may be licensed. A person who meets the definition of 
139.8 	a specialty contractor as defined in section  326.83, subdivision ~~20~~ 19, may be licensed
139.9 	by the commissioner as a residential building contractor or residential remodeler ~~unless~~ 
139.10 	~~required to be licensed by the state as a specialty contractor~~. 
139.11 		Subd. 1b.Prohibition. Except as provided in subdivision 3, no persons required 
139.12 	to be licensed by subdivision 1 may act or hold themselves out as a residential building 
139.13 	~~contractors or~~ contractor, residential ~~remodelers~~ remodeler, residential roofer, or 
139.14 	manufactured home installer for compensation without a ~~valid~~ license issued by the 
139.15 	commissioner.
139.16 		Subd. 1c.Licensing criteria. The examination and education requirements for 
139.17 	licensure under sections  326.84 to  ~~326.991~~ 326.98 must be fulfilled by a qualifying person 
139.18 	designated by the potential licensee. If the qualifying person is a managing employee, the 
139.19 	qualifying person must be an employee who is regularly employed by the licensee and 
139.20 	is actively engaged in the business of residential contracting or residential remodeling 
139.21 	on behalf of the licensee. For a sole proprietorship, the qualifying person must be the 
139.22 	proprietor or managing employee. For a partnership, the qualifying person must be a 
139.23 	general partner or managing employee. For a limited liability company, the qualifying 
139.24 	person must be a chief manager or managing employee. For a corporation, the qualifying 
139.25 	person must be ~~a chief executive officer~~ an owner, officer, or managing employee. A 
139.26 	qualifying person for a corporation or limited liability company may act as ~~a~~the qualifying 
139.27 	person for ~~one additional corporation if one of the following conditions exists:~~ 
139.28 	~~(1) there is a common ownership of at least 25 percent of each licensed corporation~~ 
139.29 	~~for which the person acts in a qualifying capacity; or~~
139.30 	~~(2) one corporation is a subsidiary of another corporation for which the same person~~ 
139.31 	~~acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of~~ 
139.32 	~~which at least 25 percent is owned by the parent corporation.~~ more than one corporation 
139.33 	or limited liability company if there is common ownership of at least 25 percent among 
139.34 	each of the licensed corporations or limited liability companies for which the person 
139.35 	acts in the capacity of qualifying person.
140.1 		Subd. 1d.Required information. (a) Each licensee or applicant for licensure shall 
140.2 	provide to the commissioner a current street address and telephone number where the 
140.3 	licensee resides, and a street address and telephone number where the licensee's business 
140.4 	is physically located. A post office box address is not sufficient to satisfy this requirement. 
140.5 	Each licensee or applicant for licensure must notify the commissioner in writing of any 
140.6 	change in the required information within 15 days of the change.
140.7 	(b) Each licensee or applicant for licensure must notify the commissioner in writing 
140.8 	upon any change in control, ownership, officers or directors, personal name, business 
140.9 	name, license name, or qualifying person, within 15 days of the change.
140.10 	(c) Each licensee or applicant for licensure must notify the commissioner in writing if 
140.11 	the licensee or applicant for licensure is found to be a judgment debtor based upon conduct 
140.12 	requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
140.13 	(d) Each licensee or applicant for licensure must notify the commissioner in writing 
140.14 	within 15 days of filing a petition for bankruptcy.
140.15 	(e) Each licensee or applicant for licensure must notify the commissioner in writing 
140.16 	within ten days if the licensee or applicant for licensure has been found guilty of a felony, 
140.17 	gross misdemeanor, misdemeanor, or any comparable offense related to residential 
140.18 	contracting, including convictions of fraud, misrepresentation, misuse of funds, theft, 
140.19 	criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this 
140.20 	or any other state or any other United States jurisdiction.
140.21 		Subd. 3.Exemptions. The license requirement does not apply to:
140.22 	(1) an employee of a licensee performing work for the licensee;
140.23 	(2) a material person, manufacturer, or retailer furnishing finished products, 
140.24 	materials, or articles of merchandise who does not install or attach the items;
140.25 	(3) an owner ~~or owners~~ of residential real estate who ~~build or improve~~ builds or 
140.26 	improves any structure on  residential real estate ~~and who do the work themselves or~~ 
140.27 	~~jointly with the owner's own~~, if the building or improving is performed by the owner's
140.28 	bona fide employees or by individual owners personally. This exemption does not apply 
140.29 	to ~~a person who engages in a pattern of building or improving real estate for purposes of~~ 
140.30 	~~resale. Such a pattern is presumed to exist if the person constructs or improves more~~ 
140.31 	~~than one property within any 24-month period;~~ an owner who constructs or improves 
140.32 	property for purposes of speculation if the building or improving is performed by the 
140.33 	owner's bona fide employees or by individual owners personally. A residential building 
140.34 	contractor or residential remodeler will be presumed to be building or improving for 
140.35 	purposes of speculation if the contractor or remodeler constructs or improves more than 
140.36 	one property within any 24-month period.
141.1 	(4) an architect or professional engineer engaging in professional practice as defined 
141.2 	~~in this chapter~~ by section 326.02, subdivisions 2 and 3;
141.3 	(5) a person whose total gross annual receipts ~~from projects regulated under this~~ 
141.4 	~~section~~ for performing specialty skills for which licensure would be required under this 
141.5 	section do not exceed $15,000;
141.6 	(6) a mechanical contractor;
141.7 	(7) a plumber, electrician, or other person whose profession is otherwise subject to 
141.8 	statewide licensing, when engaged in the activity which is the subject of that licensure;
141.9 	(8) specialty contractors who provide only one special skill as defined in section  
141.10 	326.83; 
141.11 	(9) a school district, or a technical college governed under chapter 136F; and
141.12 	~~(10) manufactured housing installers; and~~
141.13 	~~(11)~~ (10) Habitat for Humanity and Builders Outreach Foundation, and their 
141.14 	individual volunteers when engaged in activities on their behalf.
141.15 	To qualify for the exemption in clause (5), a person must obtain a certificate of 
141.16 	exemption from ~~licensing~~ licensure from the commissioner.
141.17 	A certificate of exemption will be issued upon the applicant's filing with the 
141.18 	commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in 
141.19 	gross annual receipts derived from ~~contracting activities during the calendar year for which~~ 
141.20 	~~the exemption is requested~~ performing services which require licensure under this section.
141.21 	To renew the exemption in clause (5), the applicant must file an affidavit stating that 
141.22 	the applicant did not exceed $15,000 in gross annual receipts during the past calendar 
141.23 	year~~, and the applicant does not expect to exceed $15,000 in gross annual receipts during~~ 
141.24 	~~the calendar year for which the exemption is requested~~.
141.25 	If a person, operating under the exemption in clause (5), exceeds $15,000 in gross 
141.26 	receipts during any calendar year, the person must immediately surrender the exemption 
141.27 	certificate and apply for the appropriate license. The person must remain licensed until 
141.28 	such time as the person's gross annual receipts during a calendar year fall below $15,000. 
141.29 	The person may then apply for ~~this~~ an exemption for the next calendar year.

141.30 	Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
141.31 	326.841 MANUFACTURED HOME INSTALLERS.
141.32 	(a) Manufactured home installers are subject to all of the requirements of sections  
141.33 	326.83 to  326.98, except for the following: 
141.34 	~~(1) manufactured home installers are not members of the advisory council under~~ 
141.35 	~~section  326.85;~~ 
142.1 	~~(2)~~ (1) manufactured home installers are not subject to the continuing education 
142.2 	requirements of section  326.87,  but are subject to the continuing education requirements 
142.3 	established in rules adopted under section 327B.10; 
142.4 	~~(3)~~ (2) the examination requirement of section  326.89, subdivision 3, for 
142.5 	manufactured home installers shall be satisfied by successful completion of a written 
142.6 	examination ~~designed~~ administered and developed specifically for the examination of 
142.7 	manufactured home installers. The examination must be ~~designed~~ administered and 
142.8 	developed by the commissioner ~~in conjunction with the state building code division~~. The 
142.9 	commissioner and ~~State Building Code Division~~ the state building official shall seek 
142.10 	advice on the grading, monitoring, and updating of examinations from the Minnesota 
142.11 	Manufactured Housing Association; 
142.12 	~~(4) the amount of the bond required by section  326.94 shall be $2,500 for~~ 
142.13 	~~manufactured home installers;~~ 
142.14 	~~(5)~~ (3) a local government unit may not place a surcharge on a license fee, and 
142.15 	may not charge a separate fee to installers;
142.16 	~~(6)~~ (4) a dealer or distributor who does not install or repair manufactured homes is 
142.17 	exempt from licensure under sections  326.83 to  326.98; ~~and~~ 
142.18 	~~(7)~~ (5) the exemption under section  326.84, subdivision 3, clause (5), does not 
142.19 	apply~~.~~; and
142.20 	(6) manufactured home installers are not subject to the contractor recovery fund 
142.21 	in section 326.975.
142.22 	(b) The commissioner may waive all or part of the requirements for licensure 
142.23 	as a manufactured home installer for any individual who holds an unexpired license or 
142.24 	certificate issued by any other state or other United States jurisdiction if the licensing 
142.25 	requirements of that jurisdiction meet or exceed the corresponding licensing requirements 
142.26 	of the department.

142.27 	Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
142.28 	326.842 RESIDENTIAL ROOFERS.
142.29 	Residential roofers are subject to all of the requirements of sections  326.83 to  326.98
142.30 	~~and  326.991~~, except the recovery fund in section  326.975. 

142.31 	Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
142.32 	326.86 FEES.
142.33 		Subdivision 1.Licensing fee. The licensing fee for persons licensed pursuant to 
142.34 	sections  326.83 to  ~~326.991~~ 326.98 is ~~$100~~ $70 per year. 
143.1 		Subd. 2.Local surcharge. A local government unit may place a surcharge in an 
143.2 	amount no greater than $5 on each land use, zoning, or building permit that requires a 
143.3 	licensed residential building contractor, residential remodeler, ~~or specialty contractor~~
143.4 	residential roofer, or manufactured home installer for the purpose of license verification. 
143.5 	The local government may verify a license by telephone ~~or~~, facsimile ~~machine~~ or 
143.6 	electronic communication. A local government unit shall not issue a land use, zoning, or 
143.7 	building permit unless the required license has been verified and is current.

143.8 	EFFECTIVE DATE. The amendments to subdivision 1 are effective July 1, 2007. 
143.9 	The amendments to subdivision 2 are effective December 1, 2007.

143.10 	Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
143.11 	326.87 CONTINUING EDUCATION.
143.12 		Subdivision 1.Standards. The commissioner~~, in consultation with the council,~~ may
143.13 	by rule adopt standards for continuing education requirements and course and instructor 
143.14 	approval. The standards must include requirements for continuing education in the 
143.15 	implementation of energy codes applicable to buildings and other building codes designed 
143.16 	to conserve energy. ~~Except for the course content, the standards must be consistent~~ 
143.17 	~~with the standards established for real estate agents and other professions licensed by~~ 
143.18 	~~the Department of Commerce. At a minimum, the content of one hour of any required~~ 
143.19 	~~continuing education must contain information on lead abatement rules and safe lead~~ 
143.20 	~~abatement procedures.~~
143.21 		Subd. 2.Hours. A qualifying person of a licensee must provide proof of completion 
143.22 	of seven hours of continuing education per year in the regulated industry in which the 
143.23 	licensee is licensed. ~~To the extent the commissioner considers it appropriate, courses or~~ 
143.24 	~~parts of courses may be considered to satisfy both continuing education requirements~~ 
143.25 	~~under this section and continuing real estate education requirements.~~
143.26 	Credit may not be earned if the licensee has previously obtained credit for the same 
143.27 	course as either a student or instructor during the same licensing period.
143.28 		Subd. 3.Accessibility. To the extent possible, the commissioner shall ensure that 
143.29 	continuing education courses are offered throughout the state and are easily accessible 
143.30 	to all licensees.
143.31 		Subd. 4.Renewal of ~~accreditation~~ approval. The commissioner is authorized to 
143.32 	establish a procedure for renewal of course ~~accreditation~~ approval.
143.33 		Subd. 5.Content. (a) Continuing education consists of approved courses that 
143.34 	impart appropriate and related knowledge in the regulated industries pursuant to sections 
144.1 	326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related 
144.2 	knowledge is upon the person seeking approval or credit.
144.3 	(b) Course examinations will not be required for continuing education courses 
144.4 	unless they are required by the sponsor.
144.5 	(c) Textbooks are not required to be used for continuing education courses. If 
144.6 	textbooks are not used, the coordinator must provide students with a syllabus containing, 
144.7 	at a minimum, the course title, the times and dates of the course offering, the names and 
144.8 	addresses or telephone numbers of the course coordinator and instructor, and a detailed 
144.9 	outline of the subject materials to be covered. Any written or printed material given to 
144.10 	students must be of readable quality and contain accurate and current information.
144.11 	(d) Upon completion of an approved course, licensees shall earn one hour of 
144.12 	continuing education credit for each hour approved by the commissioner. Each continuing 
144.13 	education course must be attended in its entirety in order to receive credit for the number 
144.14 	of approved hours. Courses may be approved for full or partial credit, and for more than 
144.15 	one regulated industry.
144.16 	Continuing education credit in an approved course shall be awarded to presenting 
144.17 	instructors on the basis of one credit for each hour of preparation for the initial presentation, 
144.18 	which may not exceed three hours total credit for each approved course. Continuing 
144.19 	education credit may not be earned if the licensee has previously obtained credit for the 
144.20 	same course as a licensee or as an instructor within the three years immediately prior.
144.21 	(e) The following courses will not be approved for credit:
144.22 	(1) courses designed solely to prepare students for a license examination;
144.23 	(2) courses in mechanical office or business skills, including typing, speed reading, 
144.24 	or other machines or equipment. Computer courses are allowed, if appropriate and related 
144.25 	to the regulated industry of the licensee;
144.26 	(3) courses in sales promotion, including meetings held in conjunction with the 
144.27 	general business of the licensee;
144.28 	(4) courses in motivation, salesmanship, psychology, time management, or 
144.29 	communication; or
144.30 	(5) courses that are primarily intended to impart knowledge of specific products of 
144.31 	specific companies, if the use of the product or products relates to the sales promotion or 
144.32 	marketing of one or more of the products discussed.
144.33 		Subd. 6.Course approval. (a) Courses must be approved by the commissioner 
144.34 	in advance and will be approved on the basis of the applicant's compliance with the 
144.35 	provisions of this section relating to continuing education in the regulated industries. The 
145.1 	commissioner shall make the final determination as to the approval and assignment of 
145.2 	credit hours for courses. Courses must be at least one hour in length.
145.3 	Individuals requesting credit for continuing education courses that have not 
145.4 	been previously approved shall, on a form prescribed by the commissioner, submit an 
145.5 	application for approval of continuing education credit accompanied by a nonrefundable 
145.6 	fee of $10 for each course to be reviewed. To be approved, courses must be in compliance 
145.7 	with the provisions of this section governing the types of courses that will and will not 
145.8 	be approved.
145.9 	Approval will not be granted for time spent on meals or other unrelated activities. 
145.10 	Breaks may not be accumulated in order to dismiss the class early. Classes shall not be 
145.11 	offered by a provider to any one student for longer than eight hours in one day, excluding 
145.12 	meal breaks.
145.13 	(b) Application for course approval must be submitted 30 days before the course 
145.14 	offering.
145.15 	(c) Approval must be granted for a subsequent offering of identical continuing 
145.16 	education courses without requiring a new application if a notice of the subsequent 
145.17 	offering is filed with the commissioner at least 30 days in advance of the date the course is 
145.18 	to be held. The commissioner shall deny future offerings of courses if they are found not 
145.19 	to be in compliance with the laws relating to course approval.
145.20 		Subd. 7.Courses open to all. All course offerings must be open to any interested 
145.21 	individuals. Access may be restricted by the sponsor based on class size only. Courses 
145.22 	must not be approved if attendance is restricted to any particular group of people, except 
145.23 	for company-sponsored courses allowed by applicable law.
145.24 		Subd. 8.Course coordinator. (a) Each course of study shall have at least one 
145.25 	coordinator, approved by the commissioner, who is responsible for supervising the 
145.26 	program and ensuring compliance with all relevant law. Sponsors may engage an 
145.27 	additional approved coordinator in order to assist the coordinator or to act as a substitute 
145.28 	for the coordinator in the event of an emergency or illness.
145.29 	(b) The commissioner shall approve as a coordinator a person meeting one or more 
145.30 	of the following criteria:
145.31 	(1) at least three years of full-time experience in the administration of an education 
145.32 	program during the five-year period immediately before the date of application;
145.33 	(2) a degree in education plus two years' experience during the immediately 
145.34 	preceding five-year period in one of the regulated industries for which courses are being 
145.35 	approved; or
146.1 	(3) a minimum of five years' experience within the previous six years in the regulated 
146.2 	industry for which courses are held.
146.3 		Subd. 9.Responsibilities. A coordinator is responsible for:
146.4 	(1) ensuring compliance with all laws and rules relating to continuing educational 
146.5 	offerings governed by the commissioner;
146.6 	(2) ensuring that students are provided with current and accurate information relating 
146.7 	to the laws and rules governing their licensed activity;
146.8 	(3) supervising and evaluating courses and instructors. Supervision includes 
146.9 	ensuring that all areas of the curriculum are addressed without redundancy and that 
146.10 	continuity is present throughout the entire course;
146.11 	(4) ensuring that instructors are qualified to teach the course offering;
146.12 	(5) furnishing the commissioner, upon request, with copies of course and instructor 
146.13 	evaluations and qualifications of instructors. Evaluations must be completed by students at 
146.14 	the time the course is offered and by coordinators within five days after the course offering;
146.15 	(6) investigating complaints related to course offerings or instructors. A copy of 
146.16 	the written complaint must be sent to the commissioner within ten days of receipt of 
146.17 	the complaint and a copy of the complaint resolution must be sent not more than ten 
146.18 	days after resolution is reached;
146.19 	(7) maintaining accurate records relating to course offerings, instructors, tests 
146.20 	taken by students if required, and student attendance for a period of three years from the 
146.21 	date on which the course was completed. These records must be made available to the 
146.22 	commissioner upon request. In the event that a sponsor ceases operation for any reason, 
146.23 	the coordinator is responsible for maintaining the records or providing a custodian for the 
146.24 	records acceptable to the commissioner. The coordinator must notify the commissioner 
146.25 	of the name and address of that person. In order to be acceptable to the commissioner, 
146.26 	custodians must agree to make copies of acknowledgments available to students at a 
146.27 	reasonable fee. Under no circumstances will the commissioner act as custodian of the 
146.28 	records;
146.29 	(8) ensuring that the coordinator is available to instructors and students throughout 
146.30 	course offerings and providing to the students and instructor the name of the coordinator 
146.31 	and a telephone number at which the coordinator can be reached;
146.32 	(9) attending workshops or instructional programs as reasonably required by the 
146.33 	commissioner;
146.34 	(10) providing course completion certificates within ten days of, but not before, 
146.35 	completion of the entire course. Course completion certificates must be completed in 
146.36 	their entirety. Course completion certificates must contain the following statement: "If 
147.1 	you have any comments about this course offering, please mail them to the Minnesota 
147.2 	Department of Labor and Industry." The current address of the department must be 
147.3 	included. A coordinator may require payment of the course tuition as a condition for 
147.4 	receiving the course completion certificate; and
147.5 	(11) notifying the commissioner in writing within ten days of any change in the 
147.6 	information in an application for approval on file with the commissioner.
147.7 		Subd. 10.Instructors. (a) Each continuing education course shall have an instructor 
147.8 	who is qualified by education, training, or experience to ensure competent instruction. 
147.9 	Failure to have only qualified instructors teach at an approved course offering will result 
147.10 	in loss of course approval. Coordinators are responsible to ensure that an instructor is 
147.11 	qualified to teach the course offering.
147.12 	(b) Qualified continuing education instructors must have one of the following 
147.13 	qualifications:
147.14 	(1) a four-year degree in any area plus two years' practical experience in the subject 
147.15 	area being taught;
147.16 	(2) five years' practical experience in the subject area being taught; or
147.17 	(3) a college or graduate degree in the subject area being taught.
147.18 	(c) Approved instructors are responsible for:
147.19 	(1) compliance with all laws and rules relating to continuing education;
147.20 	(2) providing students with current and accurate information;
147.21 	(3) maintaining an atmosphere conducive to learning in the classroom;
147.22 	(4) verifying attendance of students, and certifying course completion;
147.23 	(5) providing assistance to students and responding to questions relating to course 
147.24 	materials; and
147.25 	(6) attending the workshops or instructional programs that are required by the 
147.26 	commissioner.
147.27 		Subd. 11.Prohibited practices for coordinators and instructors. (a) In 
147.28 	connection with an approved continuing education course, coordinators and instructors 
147.29 	shall not:
147.30 	(1) recommend or promote the services or practices of a particular business;
147.31 	(2) encourage or recruit individuals to engage the services of, or become associated 
147.32 	with, a particular business;
147.33 	(3) use materials, clothing, or other evidences of affiliation with a particular entity;
147.34 	(4) require students to participate in other programs or services offered by the 
147.35 	instructor, coordinator, or sponsor;
148.1 	(5) attempt, either directly or indirectly, to discover questions or answers on an 
148.2 	examination for a license;
148.3 	(6) disseminate to any other person specific questions, problems, or information 
148.4 	known or believed to be included in licensing examinations;
148.5 	(7) misrepresent any information submitted to the commissioner;
148.6 	(8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in 
148.7 	the course outline approved by the commissioner during the approved instruction; or
148.8 	(9) issue inaccurate course completion certificates.
148.9 	(b) Coordinators shall notify the commissioner within ten days of a felony or 
148.10 	gross misdemeanor conviction or of disciplinary action taken against an occupational or 
148.11 	professional license held by the coordinator or an instructor teaching an approved course. 
148.12 	The notification shall be grounds for the commissioner to withdraw the approval of the 
148.13 	coordinator and to disallow the use of the instructor.
148.14 		Subd. 12.Fees. Fees for an approved course of study and related materials must 
148.15 	be clearly identified to students. In the event that a course is canceled for any reason, all 
148.16 	fees must be returned within 15 days from the date of cancellation. In the event that a 
148.17 	course is postponed for any reason, students shall be given the choice of attending the 
148.18 	course at a later date or having their fees refunded in full within 15 days from the date 
148.19 	of postponement. If a student is unable to attend a course or cancels the registration in a 
148.20 	course, sponsor policies regarding refunds shall govern.
148.21 		Subd. 13.Facilities. Each course of study must be conducted in a classroom 
148.22 	or other facility that is adequate to comfortably accommodate the instructors and the 
148.23 	number of students enrolled. The sponsor may limit the number of students enrolled in a 
148.24 	course. Approved courses may be held on the premises of a company doing business in 
148.25 	the regulated area only when the company is sponsoring the course offering, or where 
148.26 	product application is appropriate and related.
148.27 		Subd. 14.Supplementary materials. An adequate supply of supplementary 
148.28 	materials to be used or distributed in connection with an approved course must be available 
148.29 	at the time and place of the course offering in order to ensure that each student receives all 
148.30 	of the necessary materials. Outlines and any other materials that are reproduced must be 
148.31 	of readable quality.
148.32 		Subd. 15.Advertising courses. (a) Paragraphs (b) to (g) govern the advertising 
148.33 	of continuing education courses.
148.34 	(b) Advertising must be truthful and not deceptive or misleading. Courses may not 
148.35 	be advertised in any manner as approved unless approval has been granted in writing by 
148.36 	the commissioner.
149.1 	(c) No advertisement, pamphlet, circular, or other similar materials pertaining to 
149.2 	an approved offering may be circulated or distributed in this state, unless the following 
149.3 	statement is prominently displayed:
149.4 	"This course has been approved by the Minnesota Department of Labor and Industry 
149.5 	for ....... (approved number of hours) hours for continuing ....... (relevant industry) 
149.6 	education."
149.7 	(d) Advertising of approved courses must be clearly distinguishable from the 
149.8 	advertisement of other nonapproved courses and services.
149.9 	(e) Continuing education courses may not be advertised before approval unless the 
149.10 	course is described in the advertising as "approval pending" and an application for approval 
149.11 	has been timely submitted to the commissioner and a denial has not been received.
149.12 	(f) The number of hours for which a course has been approved must be prominently 
149.13 	displayed on an advertisement for the course. If the course offering is longer than the 
149.14 	number of hours of credit to be given, it must be clear that credit is not earned for the 
149.15 	entire course.
149.16 	(g) The course approval number must not be included in any advertisement.
149.17 		Subd. 16.Notice to students. At the beginning of each approved offering, the 
149.18 	following notice must be handed out in printed form or must be read to students: 
149.19 	"This educational offering is recognized by the Minnesota Department of Labor and 
149.20 	Industry as satisfying ....... (insert number of hours approved) hours of credit toward 
149.21 	continuing ....... (insert appropriate industry) education requirements."
149.22 		Subd. 17.Audits. The commissioner reserves the right to audit subject offerings 
149.23 	with or without notice to the sponsor.
149.24 		Subd. 18.Falsification of reports. A licensee, its qualified person, or an applicant 
149.25 	found to have falsified an education report to the commissioner shall be considered to 
149.26 	have violated the laws relating to the industry for which the person has a license and 
149.27 	shall be subject to censure, limitation, condition, suspension, or revocation of the license 
149.28 	or denial of the application for licensure.
149.29 	The commissioner reserves the right to audit a licensee's continuing education 
149.30 	records.
149.31 		Subd. 19.Waivers and extensions. If a licensee provides documentation to the 
149.32 	commissioner that the licensee or its qualifying person is unable, and will continue to be 
149.33 	unable, to attend actual classroom course work because of a physical disability, medical 
149.34 	condition, or similar reason, attendance at continuing education courses shall be waived 
149.35 	for a period not to exceed one year. The commissioner shall require that the licensee or 
149.36 	its qualifying person satisfactorily complete a self-study program to include reading a 
150.1 	sufficient number of textbooks, or listening to a sufficient number of tapes, related to the 
150.2 	regulated industry, as would be necessary for the licensee to satisfy continuing educational 
150.3 	credit hour needs. The commissioner shall award the licensee credit hours for a self-study 
150.4 	program by determining how many credit hours would be granted to a classroom course 
150.5 	involving the same material and giving the licensee the same number of credit hours under 
150.6 	this part. The licensee may apply each year for a new waiver upon the same terms and 
150.7 	conditions as were necessary to secure the original waiver, and must demonstrate that in 
150.8 	subsequent years, the licensee was unable to complete actual classroom course work. 
150.9 	The commissioner may request documentation of the condition upon which the request 
150.10 	for waiver is based as is necessary to satisfy the commissioner of the existence of the 
150.11 	condition and that the condition does preclude attendance at continuing education courses.
150.12 	Upon written proof demonstrating a medical hardship, the commissioner shall 
150.13 	extend, for up to 90 days, the time period during which the continuing education must be 
150.14 	successfully completed. Loss of income from either attendance at courses or cancellation 
150.15 	of a license is not a bona fide financial hardship. Requests for extensions must be 
150.16 	submitted to the commissioner in writing no later than 60 days before the education is 
150.17 	due and must include an explanation with verification of the hardship, plus verification of 
150.18 	enrollment at an approved course of study on or before the extension period expires.
150.19 		Subd. 20.Reporting requirements. Required continuing education must be 
150.20 	reported in a manner prescribed by the commissioner. Licensees are responsible for 
150.21 	maintaining copies of course completion certificates.
150.22 		Subd. 21.Residential building contractor, residential remodeler, and residential 
150.23 	roofer education. (a) Each licensee must, during the licensee's first complete continuing 
150.24 	education reporting period, complete and report one hour of continuing education relating 
150.25 	to lead abatement rules in safe lead abatement procedures.
150.26 	(b) Each licensee must, during each continuing education reporting period, complete 
150.27 	and report one hour of continuing education relating to energy codes for buildings and 
150.28 	other building codes designed to conserve energy.
150.29 		Subd. 22.Continuing education approval. (a) Continuing education courses must 
150.30 	be approved in advance by the commissioner of labor and industry. "Sponsor" means any 
150.31 	person or entity offering approved education.
150.32 	(b) For coordinators with an initial approval date before August 1, 2005, approval 
150.33 	will expire on December 31, 2005. For courses with an initial approval date on or before 
150.34 	December 31, 2000, approval will expire on April 30, 2006. For courses with an initial 
150.35 	approval date after January 1, 2001, but before August 1, 2005, approval will expire 
150.36 	on April 30, 2007.
151.1 		Subd. 23.Continuing education fees. The following fees shall be paid to the 
151.2 	commissioner:
151.3 	(1) initial course approval, $10 for each hour or faction of one hour of continuing 
151.4 	education course approval sought. Initial course approval expires on the last day of the 
151.5 	24th month after the course is approved;
151.6 	(2) renewal of course approval, $10 per course. Renewal of course approval expires 
151.7 	on the last day of the 24th month after the course is renewed;
151.8 	(3) initial coordinator approval, $100. Initial coordinator approval expires on the last 
151.9 	day of the 24th month after the coordinator is approved; and
151.10 	(4) renewal of coordinator approval, $10. Renewal of coordinator approval expires 
151.11 	on the last day of the 24th month after the coordinator is renewed.
151.12 		Subd. 24.Refunds. All fees paid to the commissioner under this section are 
151.13 	nonrefundable, except that an overpayment of a fee shall be returned upon proper 
151.14 	application.

151.15 	Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
151.16 	326.88 LOSS OF QUALIFYING PERSON.
151.17 	Upon the departure or disqualification of a licensee's qualifying person because of 
151.18 	death, disability, retirement, position change, or other reason, the licensee must notify 
151.19 	the commissioner within 15 business days. The licensee shall have 120 days from the 
151.20 	departure of the qualifying person to obtain a new qualifying person. Failure to secure a 
151.21 	new qualifying person within 120 days will, with or without notice, result in the automatic 
151.22 	termination of the license.

151.23 	Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
151.24 	326.89 APPLICATION AND EXAMINATION.
151.25 		Subdivision 1.Form. An applicant for a license under sections  326.83 to 326.98
151.26 	must submit an application ~~to the commissioner~~, under oath and accompanied by the 
151.27 	license fee required by section 326.86, on a form prescribed by the commissioner. 
151.28 	Within 30 business days of receiving all required information, the commissioner must 
151.29 	act on the license request. If one of the categories in the application does not apply, the 
151.30 	applicant must identify the category and state the reason the category does not apply. The 
151.31 	commissioner may refuse to issue a license if the application is not complete or contains 
151.32 	unsatisfactory information. 
151.33 		Subd. 2.Contents. ~~The~~ Each application must include the following information 
151.34 	regarding the applicant:
152.1 	(1) Minnesota workers' compensation insurance certificate;
152.2 	(2) employment insurance account number;
152.3 	(3) certificate of liability insurance;
152.4 	(4) type of license requested;
152.5 	(5) name ~~and~~, current address ~~of the applicant:~~, and telephone number where the 
152.6 	applicant resides;
152.7 	~~(i)~~ (6) name and address of the applicant's qualifying person, if other than applicant; 
152.8 	and
152.9 	~~(ii)~~ (7) if the applicant is a sole proprietorship, the name and address of the sole 
152.10 	proprietor; if the applicant is a partnership, the name and address of each partner; if the 
152.11 	applicant is a limited liability company, the name and address of each governor and 
152.12 	manager; if the applicant is a corporation, the name and address of each of the corporate 
152.13 	officers, directors, and all shareholders holding more than ten percent of the outstanding 
152.14 	stock in the corporation;
152.15 	(8) name and address of the applicant's agent in this state authorized to receive 
152.16 	service of process, and a consent to service of process as required by section 326.93;
152.17 	(9) current street address and telephone number where the business is physically 
152.18 	located;
152.19 	~~(6)~~ (10) whether the applicant, any employee, or qualifying person has ever been 
152.20 	licensed in this or any other state and has had a professional or vocational license
152.21 	reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been 
152.22 	the subject of any administrative action;
152.23 	~~(7)~~ (11) whether the applicant, qualifying person, or any of the applicant's corporate 
152.24 	or partnership directors, limited liability company governors, officers, limited or general 
152.25 	partners, managers, all shareholders holding more than ten percent of the share of the 
152.26 	corporation that have been issued, or all members holding more than ten percent of the 
152.27 	voting power of the membership interests that have been issued, has been convicted 
152.28 	of a crime that either related directly to the business for which the license is sought or 
152.29 	involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil 
152.30 	action involving fraud, misrepresentation, construction defect, negligence, ~~or~~ breach 
152.31 	of contract, or conversion of funds within the ten years prior to the submission of the 
152.32 	application; or has had any government license or permit reprimanded, censured, limited, 
152.33 	conditioned, suspended, or revoked as a result of an action brought by a federal, state, or 
152.34 	local governmental unit or agency in this or any other state;
152.35 	~~(8)~~ (12) the applicant's and qualifying person's business history for the past five 
152.36 	years and whether the applicant, ~~any~~ a managing employee, or qualifying person has ever 
153.1 	filed for bankruptcy or protection from creditors or has any unsatisfied judgments against 
153.2 	the applicant, employee, or qualifying person;
153.3 	~~(9)~~ (13) where the applicant is a firm, partnership, sole proprietorship, limited 
153.4 	liability company, corporation, or association, whether there has been a sale or transfer of 
153.5 	the business or other change in ownership, control, or name in the last five years and the 
153.6 	details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated, 
153.7 	parent, or related entities, and whether each such entity, or its owners, officers, directors, 
153.8 	members or shareholders holding more than ten percent of the stock, or an employee has 
153.9 	ever taken or been subject to an action that is subject to clause ~~(6), (7), or (8)~~ (10), (11), 
153.10 	or (12) in the last ten years; and
153.11 	~~(10)~~ (14) whether the qualifying person is the qualifying person for more than one 
153.12 	licensee.
153.13 	For purposes of this subdivision, "applicant" includes employees who exercise 
153.14 	management or policy control over the residential contracting ~~and remodeling~~, residential 
153.15 	remodeling, residential roofing, or manufactured home installation activities in the state 
153.16 	of Minnesota, including affiliates, partners, directors, governors, officers, limited or 
153.17 	general partners, managers, all shareholders holding more than ten percent of the shares 
153.18 	that have been issued, a shareholder holding more than ten percent of the voting power 
153.19 	of the shares that have been issued, or all members holding more than ten percent of the 
153.20 	membership interests that have been issued or more than ten percent of the voting power 
153.21 	of the membership interests that have been issued.
153.22 	The commissioner may require further information as the commissioner deems 
153.23 	appropriate to administer the provisions and further the purposes of this chapter.
153.24 		Subd. 3.Examination. (a) Each qualifying person must satisfactorily complete a 
153.25 	written examination for the type of license requested. The commissioner may establish 
153.26 	the examination qualifications, including related education experience and education, the 
153.27 	examination procedure, and the examination for each licensing group. The examination 
153.28 	must include at a minimum the following areas:
153.29 	(1) appropriate knowledge of technical terms commonly used and the knowledge of 
153.30 	reference materials and code books to be used for technical information; and
153.31 	(2) understanding of the general principles of business management and other 
153.32 	pertinent state laws.
153.33 	(b) Each examination must be designed for the specified type of license requested. 
153.34 	~~The council shall advise the commissioner on the grading, monitoring, and updating of~~ 
153.35 	~~examinations.~~
154.1 	(c) ~~A person's~~ An individual's passing examination results expire two years from 
154.2 	the examination date. ~~A person~~ An individual who passes the examination but does not 
154.3 	choose to apply to act as a qualifying person for a licensee within two years from the 
154.4 	examination date, must, upon application provide:
154.5 	(1) passing examination results within two years from the date of application; or
154.6 	(2) proof that the person has fulfilled the continuing education requirements in 
154.7 	section  326.87 in the manner required for a qualifying person of a licensee for each license 
154.8 	period after the expiration of the examination results. 
154.9 		~~Subd. 4.Competency skills.~~ ~~The commissioner shall, in consultation with the~~ 
154.10 	~~council, determine the competency skills and installation knowledge required for the~~ 
154.11 	~~licensing of specialty contractors.~~
154.12 		Subd. 5.Exemption. A general retailer whose primary business is not being a 
154.13 	residential building contractor, residential remodeler, ~~or specialty contractor~~ residential 
154.14 	roofer, or manufactured home installer,  and who has completed a ~~comparable~~ license 
154.15 	examination meeting or exceeding Minnesota's examination requirements in another state 
154.16 	is exempt from ~~subdivisions~~ subdivision 3 ~~and 4~~ and sections  326.87 and  326.88. 
154.17 		Subd. 6.Additional licensing requirements. As an alternative to denying an 
154.18 	application for licensure pursuant to section  326.91, subdivision 1, the commissioner 
154.19 	may, as a condition of licensure and based upon information received pursuant to 
154.20 	section  326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section  326.91, 
154.21 	subdivision 1, clauses (1) to (9), impose additional insurance, bonding, reporting, record 
154.22 	keeping, and other requirements on the applicant as are reasonable to protect the public. 
154.23 		Subd. 7.License. A nonresident of Minnesota may be licensed as a residential 
154.24 	building contractor, residential remodeler, residential roofer, or manufactured home 
154.25 	installer upon compliance with all the provisions of sections 326.83 to 326.98.

154.26 	Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
154.27 		Subdivision 1.Local license prohibited. Except as provided in sections  326.90, 
154.28 	subdivision 2, ~~and  326.991,~~ a political subdivision may not require a person licensed 
154.29 	under sections  326.83 to  ~~326.991~~ 326.98 to also be licensed or pay a registration or other 
154.30 	fee related to licensure under any ordinance, law, rule, or regulation of the political 
154.31 	subdivision. This section does not prohibit charges for building permits or other charges 
154.32 	not directly related to licensure. 

154.33 	Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
155.1 		Subdivision 1.~~Cause~~ Grounds. ~~The commissioner may by order deny, suspend, or~~ 
155.2 	~~revoke any license or may censure a licensee, and may impose a civil penalty as provided~~ 
155.3 	~~for in section  45.027, subdivision 6, if the commissioner finds that the order is in the~~ 
155.4 	~~public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or~~ 
155.5 	~~other agent, owner, partner, director, governor, shareholder, member, officer, qualifying~~ 
155.6 	~~person, or managing employee of the applicant or licensee or any person occupying a~~ 
155.7 	~~similar status or performing similar functions:~~  In addition to the grounds set forth in 
155.8 	section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place 
155.9 	conditions on, or revoke a license or certificate of exemption, or may censure the person 
155.10 	holding the license or certificate of exemption, if the applicant, licensee, certificate of 
155.11 	exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of 
155.12 	exemption holder, or other agent owner has:
155.13 	(1) has filed an application for ~~a license~~ licensure or a certificate of exemption
155.14 	which is incomplete in any material respect or contains any statement which, in light 
155.15 	of the circumstances under which it is made, is false or misleading with respect to any 
155.16 	material fact;
155.17 	(2) has engaged in a fraudulent, deceptive, or dishonest practice;
155.18 	(3) is permanently or temporarily enjoined by any court of competent jurisdiction 
155.19 	from engaging in or continuing any conduct or practice involving any aspect of the 
155.20 	business;
155.21 	(4) has failed to reasonably supervise employees, agents, subcontractors, or 
155.22 	salespersons, or has performed negligently or in breach of contract, so as to cause injury 
155.23 	or harm to the public;
155.24 	(5) has violated or failed to comply with any provision of sections  326.83 to  326.98
155.25 	~~or~~, any rule or order under sections  326.83 to  326.98 or any other law, rule, or order related 
155.26 	to the duties and responsibilities entrusted to the commissioner; 
155.27 	~~(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;~~
155.28 	~~(7)~~ (6) has been convicted of a violation of the State Building Code or~~, in~~ 
155.29 	~~jurisdictions that do not enforce the State Building Code,~~ has refused to comply with 
155.30 	a notice of violation or stop order issued by a certified building official, or in local 
155.31 	jurisdictions that have not adopted the State Building Code has refused to correct a 
155.32 	violation of the State Building Code when the violation has been ~~certified~~ documented 
155.33 	or a notice of violation or stop order issued by a ~~Minnesota licensed structural engineer~~
155.34 	certified building official has been received;
155.35 	~~(8)~~ (7) has failed to use the proceeds of any payment made to the licensee for the 
155.36 	construction of, or any improvement to, residential real estate, as defined in section  326.83, 
156.1 	subdivision 17, for the payment of labor, skill, material, and machinery contributed to the 
156.2 	construction or improvement, knowing that the cost of any labor performed, or skill, 
156.3 	material, or machinery furnished for the improvement remains unpaid; 
156.4 	~~(9)~~ (8) has not furnished to the person making payment either a valid lien waiver as to 
156.5 	any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 
156.6 	or a payment bond in the basic amount of the contract price for the improvement 
156.7 	conditioned for the prompt payment to any person or persons entitled to payment;
156.8 	~~(10) has engaged in conduct which was the basis for a contractor's recovery fund~~ 
156.9 	~~payment pursuant to section  326.975, which payment has not been reimbursed;~~ (9) has 
156.10 	engaged in an act or practice that results in compensation to an aggrieved owner or lessee 
156.11 	from the contractor recovery fund pursuant to section 36B.825, unless:
156.12 	(i) the applicant or licensee has repaid the fund twice the amount paid from the fund, 
156.13 	plus interest at the rate of 12 percent per year; and
156.14 	(ii) the applicant or licensee has obtained a surety bond in the amount of at least 
156.15 	$40,000, issued by an insurer authorized to transact business in this state.
156.16 	~~(11)~~ (10) has engaged in bad faith, unreasonable delays, or frivolous claims in 
156.17 	defense of a civil lawsuit or arbitration arising out of their activities as a licensee or 
156.18 	certificate of exemption holder under this chapter;
156.19 	~~(12)~~ (11) has had a judgment entered against them for failure to make payments to 
156.20 	employees ~~or~~, subcontractors, or suppliers, that the licensee has failed to satisfy and all 
156.21 	appeals of the judgment have been exhausted or the period for appeal has expired;
156.22 	~~(13)~~ (12) if unlicensed, has obtained a building permit by the fraudulent use of a 
156.23 	fictitious license number or the license number of another, or, if licensed, has knowingly 
156.24 	allowed an unlicensed person to use the licensee's license number for the purpose of 
156.25 	fraudulently obtaining a building permit; or has applied for or obtained a building permit 
156.26 	for an unlicensed person.
156.27 	~~(14)~~ (13) has made use of a forged ~~mechanics'~~ mechanic's lien ~~waivers~~ waiver under 
156.28 	chapter 514~~.~~;
156.29 	(14) has provided false, misleading or incomplete information to the commissioner 
156.30 	or has refused to allow a reasonable inspection of records or premises;
156.31 	(15) has engaged in an act or practice whether or not the act or practice directly 
156.32 	involves the business for which the person is licensed, that demonstrates that the applicant 
156.33 	or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or 
156.34 	unqualified to act under the license granted by the commissioner; or
157.1 	(16) has failed to comply with requests for information, documents, or other requests 
157.2 	from the department within the time specified in the request or, if no time is specified, 
157.3 	within 30 days of the mailing of the request by the department.

157.4 	Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
157.5 	326.92 PENALTIES.
157.6 		~~Subdivision 1.Misdemeanor.~~ ~~A person required to be licensed under sections~~ 
157.7 	~~326.83 to  326.991 who performs unlicensed work is guilty of a misdemeanor.~~ 
157.8 		Subd. 1a.Gross misdemeanor. ~~A person required to be licensed under sections~~ 
157.9 	~~326.84 to  326.991 who violates an order under subdivision 3~~ An individual who violates 
157.10 	an order of the commissioner or is the manager, officer, or director of a person who 
157.11 	violates an order issued by the commissioner is guilty of a gross misdemeanor. 
157.12 		Subd. 2.Lien rights. An unlicensed person who knowingly violates sections  326.83
157.13 	to  326.98 has no right to claim a lien under section  514.01 and the lien is void. Nothing 
157.14 	in this section affects the lien rights of material suppliers and licensed contractors to the 
157.15 	extent provided by law. 
157.16 		~~Subd. 3.Commissioner action.~~ ~~The commissioner may bring actions, including~~ 
157.17 	~~cease and desist actions, against any person licensed or required to be licensed under~~ 
157.18 	~~sections  326.83 to  326.991 to protect the public health, safety, and welfare.~~ 

157.19 	Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
157.20 	326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE 
157.21 	OF PERMIT APPLICATION.
157.22 		Subdivision 1.Building permit. A political subdivision shall not issue a building 
157.23 	permit to an unlicensed person who is required to be licensed under sections  326.83 to  
157.24 	~~326.991~~ 326.98. A political subdivision that issues zoning or land use permits in lieu of 
157.25 	a building permit shall not issue those permits to an unlicensed person who is required 
157.26 	to be licensed under sections  326.83 to  ~~326.991~~ 326.98. The political subdivision shall 
157.27 	report the person applying for the permit to the commissioner who may bring an action 
157.28 	against the person. 
157.29 		Subd. 2.Notice of building permit application. A political subdivision shall notify 
157.30 	the department when an application for building permit involving the construction of new 
157.31 	residential real estate has been received from an unlicensed person by submitting a copy 
157.32 	of the application to the department within two business days of receipt of the application. 
157.33 	The political subdivision may submit a copy of the building permit application by 
157.34 	facsimile, United States mail, or electronic communication.

158.1 	Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
158.2 	326.93 SERVICE OF PROCESS~~; NONRESIDENT LICENSING~~.
158.3 		~~Subdivision 1.License.~~ ~~A nonresident of Minnesota may be licensed as a residential~~ 
158.4 	~~building contractor or residential remodeler upon compliance with all the provisions of~~ 
158.5 	~~sections  326.83 to  326.991.~~ 
158.6 		~~Subd. 2.Service of process.~~ ~~Service of process upon a person performing work in~~ 
158.7 	~~the state of a type that would require a license under sections  326.83 to  326.98 may be~~ 
158.8 	~~made as provided in section  45.028.~~ 
158.9 		Subd. 3.Procedure. Every applicant for licensure or certificate of exemption 
158.10 	under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the 
158.11 	commissioner and successors in office to be the applicant's agent to receive service of any 
158.12 	lawful process in any noncriminal suit, action, or proceeding against the applicant or a 
158.13 	successor, executor, or administrator which arises under section 326.83 to 326.98 or any 
158.14 	rule or order thereunder after the consent has been filed, with the same force and validity 
158.15 	as if served personally on the person filing the consent. Service under this section shall be 
158.16 	made in compliance with subdivision 5.
158.17 		Subd. 4.Service on commissioner. (a) When a person, including any nonresident 
158.18 	of this state, engages in conduct prohibited or made actionable by sections 326.83 to 
158.19 	326.98, or any rule or order under those sections, and the person has not consented to 
158.20 	service of process under subdivision 3, that conduct is equivalent to an appointment of the 
158.21 	commissioner and successors in office as the person's agent to receive service of process in 
158.22 	any noncriminal suit, action, or proceeding against the person that is based on that conduct 
158.23 	and is brought under sections 326.83 to 326.98, or any rule or order under those sections, 
158.24 	with the same force and validity as if served personally on the person consenting to the 
158.25 	appointment of the commissioner and successors in office. Service under this section shall 
158.26 	be made in compliance with subdivision 5.
158.27 	(b) Subdivision 5 applies in all other cases in which a person, including a nonresident 
158.28 	of this state, has filed a consent to service of process. This paragraph supersedes any 
158.29 	inconsistent provision of law.
158.30 	(c) Subdivision 5 applies in all cases in which service of process is allowed to be 
158.31 	made on the commissioner.
158.32 	(d) Subdivision 5 applies to any document served by the commissioner or the 
158.33 	department under section 326B.08.
158.34 		Subd. 5.How made. Service of process under this section may be made by leaving 
158.35 	a copy of the process in the office of the commissioner, or by sending a copy of the process 
158.36 	to the commissioner by certified mail, and is not effective unless: 
159.1 	(1) the plaintiff, who may be the commissioner in an action or proceeding instituted 
159.2 	by the commissioner, sends notice of the service and a copy of the process by certified 
159.3 	mail to the defendant or respondent at the last known address; and 
159.4 	(2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or 
159.5 	before the return day of the process, if any, or within further time as the court allows.

159.6 	Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
159.7 	326.94 BOND; INSURANCE.
159.8 		Subdivision 1.Bond. (a) Licensed manufactured home installers and licensed
159.9 	residential roofers must post a ~~license~~ surety bond in the name of the licensee with the 
159.10 	commissioner, conditioned that the applicant shall faithfully perform the duties and 
159.11 	in all things comply with all laws, ordinances, and rules pertaining to the license or 
159.12 	permit applied for and all contracts entered into. The annual bond must be continuous 
159.13 	and maintained for so long as the licensee remains licensed. The aggregate liability of 
159.14 	the surety on the bond to any and all persons, regardless of the number of claims made 
159.15 	against the bond, may not exceed the amount of the bond. The bond may be canceled as 
159.16 	to future liability by the surety upon 30 days' written notice mailed to the commissioner 
159.17 	by regular mail.
159.18 	(b) A licensed residential roofer must post a bond of at least ~~$5,000~~ $15,000.
159.19 	(c) A licensed manufactured home installer must post a bond of at least $2,500.
159.20 	Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for 
159.21 	purposes of sections 8.05 and 16C.05, subdivision 2.
159.22 		Subd. 2.Insurance. Licensees must have public liability insurance with limits of at 
159.23 	least ~~$100,000~~ $300,000 per occurrence, which must include at least $10,000 property 
159.24 	damage coverage. The insurance must be written by an insurer licensed to do business in 
159.25 	this state. The commissioner may increase the minimum amount of insurance required 
159.26 	for any licensee or class of licensees if the commissioner considers it to be in the public 
159.27 	interest and necessary to protect the interests of Minnesota consumers.

159.28 	Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
159.29 		Subd. 2.Advertising. The license number of a licensee must appear in any 
159.30 	advertising by that licensee including but not limited to signs, vehicles, business cards, 
159.31 	published display ads, flyers, ~~and~~ brochures, Web sites, and Internet ads.

159.32 	Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
159.33 	326.96 PUBLIC EDUCATION.
160.1 	The commissioner may develop materials and programs to educate the public 
160.2 	concerning ~~licensing~~ licensure requirements ~~and methods~~. The commissioner may 
160.3 	develop materials for reporting unlicensed contracting activity.

160.4 	Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
160.5 	326.97 LICENSE RENEWAL.
160.6 		Subdivision 1.Renewal. ~~Licensees~~ A licensee whose ~~applications have~~ fully 
160.7 	completed renewal application has been properly and timely filed and who ~~have~~ has
160.8 	not received a notice of denial of renewal ~~are~~ is considered to have been approved for 
160.9 	renewal and may continue to transact business whether or not the renewed license has 
160.10 	been received. Applications are timely if received ~~or postmarked~~ by March 1 of the 
160.11 	renewal year. Applications must be made on a form approved by the commissioner.
160.12 	An application for renewal that does not contain all of the information requested is an 
160.13 	incomplete application and will not be processed.
160.14 		Subd. 1a.Annual renewal. Any license issued or renewed after August 1, 1993, 
160.15 	must be renewed annually.
160.16 		Subd. 2.Failure to ~~apply~~ renew. A person who has failed to make a timely 
160.17 	application for renewal of a license ~~by March 31 of the renewal year~~ is unlicensed at 
160.18 	11:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
160.19 	~~the~~ a renewed license has been issued by the commissioner and is received by the applicant.
160.20 		Subd. 3.Expiration. All licenses expire at 11:59:59 p.m. central time on March 31 
160.21 	of the renewal year if not properly renewed.

160.22 	Sec. 24. [326B.801] SCOPE.
160.23 	Except as otherwise provided by law, the provisions of sections 326B.801 to 
160.24 	326B.825 apply to residential contractors, residential remodelers, residential roofers, 
160.25 	and manufactured home installers.

160.26 	Sec. 25. [326B.804] LICENSE RECIPROCITY.
160.27 	The commissioner may waive all or part of the requirements for prelicense education 
160.28 	or examination to any person who holds an unexpired license or certificate issued by 
160.29 	proper authority in the District of Columbia, or any state or territory of the United States if 
160.30 	the licensing requirements of that jurisdiction meet or exceed the corresponding licensing 
160.31 	requirements of the Department of Labor and Industry.

160.32 	Sec. 26. [326B.809] WRITTEN CONTRACT REQUIRED.
161.1 	(a) All agreements including proposals, estimates, bids, quotations, contracts, 
161.2 	purchase orders, and change orders between a licensee and a customer for the performance 
161.3 	of a licensee's services must be in writing and must contain the following:
161.4 	(1) a detailed summary of the services to be performed;
161.5 	(2) a description of the specific materials to be used or a list of standard features 
161.6 	to be included; and
161.7 	(3) the total contract price or a description of the basis on which the price will 
161.8 	be calculated.
161.9 	(b) All agreements shall be signed and dated by the licensee and customer.
161.10 	(c) The licensee shall provide to the customer, at no charge, a signed and dated 
161.11 	document at the time that the licensee and customer sign and date the document. 
161.12 	Documents include agreements and mechanic's lien waivers.

161.13 	Sec. 27. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
161.14 	Chapter 364 does not apply to an applicant for a license or to a licensee where 
161.15 	the underlying conduct on which the conviction is based would be grounds for denial, 
161.16 	censure, suspension, or revocation of the license.

161.17 	Sec. 28. [326B.82] DEFINITIONS.
161.18 		Subdivision 1.Words, terms, and phrases. For the purposes of section 326.87, 
161.19 	the terms defined in this section have the meanings given them, unless the context clearly 
161.20 	indicates otherwise.
161.21 		Subd. 2.Appropriate and related knowledge. "Appropriate and related 
161.22 	knowledge" means facts, information, or principles that are clearly relevant to the licensee 
161.23 	in performing responsibilities under a license issued by the commissioner. These facts, 
161.24 	information, or principles must convey substantive and procedural knowledge as it relates 
161.25 	to postlicensing issues and must be relevant to the technical aspects of a particular area 
161.26 	of continuing education.
161.27 		Subd. 3.Classroom hour. "Classroom hour" means a 50-minute hour. 
161.28 		Subd. 4.Coordinator. "Coordinator" means an individual who is responsible for 
161.29 	monitoring approved educational offerings.
161.30 		Subd. 5.Instructor. "Instructor" means an individual lecturing in an approved 
161.31 	educational offering.
161.32 		Subd. 6.Licensee. "Licensee" means a person licensed by the Minnesota 
161.33 	Department of Labor and Industry for whom an examination is required before licensure.
162.1 		Subd. 7.Medical hardship. "Medical hardship" includes a documented physical 
162.2 	disability or medical condition.
162.3 		Subd. 8.Overpayment. "Overpayment" means any payment of money in excess 
162.4 	of a statutory fee.
162.5 		Subd. 9.Regulated industries. "Regulated industries" means residential 
162.6 	contracting, residential remodeling, or residential roofing. Each of these is a regulated 
162.7 	industry.
162.8 		Subd. 10.Sponsor. "Sponsor" means any person or entity offering or providing 
162.9 	approved continuing education.

162.10 	Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
162.11 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
162.12 	have the meanings given them.
162.13 	(b) "Gross annual receipts" means the total amount derived from residential 
162.14 	contracting or residential remodeling activities, regardless of where the activities are 
162.15 	performed, and must not be reduced by costs of goods sold, expenses, losses, or any 
162.16 	other amount.
162.17 	(c) "Licensee" means a person licensed as a residential contractor or residential 
162.18 	remodeler.
162.19 	(d) "Residential real estate" means a new or existing building constructed for 
162.20 	habitation by one to four families, and includes detached garages.
162.21 	(e) "Fund" means the contractor recovery fund.
162.22 		Subd. 2.Generally. The contractor recovery fund is created in the state treasury 
162.23 	and shall be administered by the commissioner for the purposes described in this section. 
162.24 	Any interest or profit accruing from investment of money in the fund shall be credited 
162.25 	to the contractor recovery fund.
162.26 		Subd. 3.Fund fees. In addition to any other fees, a person who applies for or 
162.27 	renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person 
162.28 	shall pay, in addition to the appropriate application or renewal fee, the following additional 
162.29 	fee that shall be deposited in the fund. The amount of the fee shall be based on the person's 
162.30 	gross annual receipts for the person's most recent fiscal year preceding the application or 
162.31 	renewal, on the following scale:

162.32 | | Fee | Gross Annual Receipts |
162.33 | | $160 | under $1,000,000 |
162.34 | | $210 | $1,000,000 to $5,000,000 |
162.35 | | $260 | over $5,000,000 |
163.1 		Subd. 4.Purpose of fund. The purpose of this fund is to:
163.2 	(1) compensate owners or lessees of residential real estate who meet the requirements 
163.3 	of this section;
163.4 	(2) reimburse the department for all legal and administrative expenses, 
163.5 	disbursements, and costs, including staffing costs, incurred in administering and defending 
163.6 	the fund;
163.7 	(3) pay for educational or research projects in the field of residential contracting to 
163.8 	further the purposes of sections 326B.801 to 326B.825; and
163.9 	(4) provide information to the public on residential contracting issues.
163.10 		Subd. 5.Payment limitations. Except as otherwise provided in this section, 
163.11 	the commissioner shall not pay compensation from the fund to an owner or a lessee 
163.12 	in an amount greater than $75,000. Except as otherwise provided in this section, the 
163.13 	commissioner shall not pay compensation from the fund to owners and lessees in an 
163.14 	amount that totals more than $150,000 per licensee. The commissioner shall not pay 
163.15 	compensation from the fund for a final judgment based on a cause of action that arose 
163.16 	before the commissioner's receipt of the licensee's fee required by subdivision 3.
163.17 		Subd. 6.Verified application. To be eligible for compensation from the fund, an 
163.18 	owner or lessee shall serve on the commissioner a verified application for compensation 
163.19 	on a form approved by the commissioner. The application shall verify the following 
163.20 	information:
163.21 	(1) the specific grounds upon which the owner or lessee seeks to recover from 
163.22 	the fund:
163.23 	(2) that the owner or the lessee has obtained a final judgment in a court of competent 
163.24 	jurisdiction against a licensee licensed under section 326B.803;
163.25 	(3) that the final judgment was obtained against the licensee on the grounds of 
163.26 	fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance 
163.27 	that arose directly out of a transaction that occurred when the licensee was licensed and 
163.28 	performing any of the special skills enumerated under section 326B.802, subdivision 19;
163.29 	(4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on 
163.30 	the owner's residential real estate, on residential real estate leased by the lessee, or on new 
163.31 	residential real estate that has never been occupied or that was occupied by the licensee 
163.32 	for less than one year prior to purchase by the owner;
163.33 	(5) that the residential real estate is located in Minnesota;
163.34 	(6) that the owner or the lessee is not the spouse of the licensee or the personal 
163.35 	representative of the licensee;
164.1 	(7) the amount of the final judgment, any amount paid in satisfaction of the final 
164.2 	judgment, and the amount owing on the final judgment as of the date of the verified 
164.3 	application; and
164.4 	(8) that the verified application is being served within two years after the judgment 
164.5 	became final.
164.6 	The owner's and the lessee's actual and direct out-of-pocket loss shall not include 
164.7 	attorney fees, interest on the loss, and interest on the final judgment obtained as a result of 
164.8 	the loss. An owner or lessee may serve a verified application regardless of whether the 
164.9 	final judgment has been discharged by a bankruptcy court. A judgment issued by a court is 
164.10 	final if all proceedings on the judgment have either been pursued and concluded or been 
164.11 	forgone, including all reviews and appeals. For purposes of this section, owners who are 
164.12 	joint tenants or tenants in common are deemed to be a single owner. For purposes of this 
164.13 	section, owners and lessees eligible for payment of compensation from the fund shall not 
164.14 	include government agencies, political subdivisions, financial institutions, and any other 
164.15 	entity that purchases, guarantees, or insures a loan secured by real estate.
164.16 		Subd. 7.Commissioner review. The commissioner shall within 120 days after 
164.17 	receipt of the verified application:
164.18 	(1) enter into an agreement with an owner or a lessee that resolves the verified 
164.19 	application for compensation from the fund; or
164.20 	(2) issue an order to the owner or the lessee accepting, modifying, or denying the 
164.21 	verified application for compensation from the fund.
164.22 	Upon receipt of an order issued under clause (2), the owner or the lessee shall have 
164.23 	30 days to serve upon the commissioner a written request for a hearing. If the owner or 
164.24 	the lessee does not serve upon the commissioner a timely written request for hearing, the 
164.25 	order issued under clause (2) shall become a final order of the commissioner that may not 
164.26 	be reviewed by any court or agency. The commissioner shall order compensation from 
164.27 	the fund only if the owner or the lessee has filed a verified application that complies with 
164.28 	subdivision 6 and if the commissioner determines based on review of the application that 
164.29 	compensation should be paid from the fund. The commissioner shall not be bound by any 
164.30 	prior settlement, compromise, or stipulation between the owner or the lessee and the 
164.31 	licensee.
164.32 		Subd. 8.Administrative hearing. If an owner or a lessee timely serves a request 
164.33 	for hearing under subdivision 7, the commissioner shall request that an administrative law 
164.34 	judge be assigned and that a hearing be conducted under the contested case provisions 
164.35 	of chapter 14 within 30 days after the service of the request for hearing upon the 
164.36 	commissioner. Upon petition of the commissioner, the administrative law judge shall 
165.1 	continue the hearing up to 60 days and upon a showing of good cause may continue the 
165.2 	hearing for such additional period as the administrative law judge deems appropriate. 
165.3 	At the hearing the owner or the lessee shall have the burden of proving by substantial 
165.4 	evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue 
165.5 	findings of fact, conclusions of law, and order. If the administrative law judge finds that 
165.6 	compensation should be paid to the owner or the lessee, the administrative law judge 
165.7 	shall order the commissioner to make payment from the fund of the amount it finds to be 
165.8 	payable pursuant to the provisions of and in accordance with the limitations contained in 
165.9 	this section. The order of the administrative law judge shall constitute the final decision of 
165.10 	the agency in the contested case. Judicial review of the administrative law judge's findings 
165.11 	of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
165.12 		Subd. 9.Satisfaction of applications for compensation. The commissioner shall 
165.13 	pay compensation from the fund to an owner or a lessee pursuant to the terms of an 
165.14 	agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final 
165.15 	order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 
165.16 	of the fiscal year following the fiscal year during which the agreement was entered into or 
165.17 	during which the order became final, subject to the limitations of this section. At the end 
165.18 	of each fiscal year the commissioner shall calculate the amount of compensation to be 
165.19 	paid from the fund pursuant to agreements that have been entered into under subdivision 
165.20 	7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or 
165.21 	subdivision 8. If the calculated amount exceeds the amount available for payment, then 
165.22 	the commissioner shall allocate the amount available among the owners and the lessees 
165.23 	in the ratio that the amount agreed to or ordered to be paid to each owner or lessee 
165.24 	bears to the amount calculated. The commissioner shall mail notice of the allocation to 
165.25 	all owners and lessees not less than 45 days following the end of the fiscal year. Any 
165.26 	compensation paid by the commissioner in accordance with this subdivision shall be 
165.27 	deemed to satisfy and extinguish any right to compensation from the fund based upon the 
165.28 	verified application of the owner or lessee.
165.29 		Subd. 10.Criminal penalty. It shall be unlawful for any person or the agent of any 
165.30 	person to knowingly file with the commissioner any application, notice, statement, or other 
165.31 	document required under the provisions of this section that is false or untrue or contains 
165.32 	any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
165.33 		Subd. 11.Right of subrogation. If the commissioner pays compensation from the 
165.34 	fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a 
165.35 	final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner 
165.36 	shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final 
166.1 	judgment in the amount of compensation paid from the fund and the owner or the lessee 
166.2 	shall assign to the commissioner all rights, title, and interest in the final judgment in 
166.3 	the amount of compensation paid. The commissioner shall deposit in the fund money 
166.4 	recovered under this subdivision.
166.5 		Subd. 12.Effect of section on commissioner's authority. Nothing contained 
166.6 	in this section shall limit the authority of the commissioner to take disciplinary action 
166.7 	against a licensee under the provisions of this chapter. A licensee's repayment in full of 
166.8 	obligations to the fund shall not nullify or modify the effect of any other disciplinary 
166.9 	proceeding brought under the provisions of this chapter.
166.10 		Subd. 13.Limitation. Nothing may obligate the fund to compensate:
166.11 	(1) insurers or sureties under subrogation or similar theories; or
166.12 	(2) owner of residential property for final judgments against a prior owner of the 
166.13 	residential property unless the claim is brought and judgment is rendered for breach of the 
166.14 	statutory warranty set forth in chapter 327A.
166.15 		Subd. 14.Condominiums or townhouses. For purposes of this section, the owner 
166.16 	or the lessee of a condominium or townhouse is considered an owner or a lessee of 
166.17 	residential property regardless of the number of residential units per building.
166.18 		Subd. 15.Accelerated compensation. Payments made from the fund to compensate 
166.19 	owners and lessees that do not exceed the jurisdiction limits for conciliation court matters 
166.20 	as specified in section 491A.01 may be paid on an accelerated basis if all of the following 
166.21 	requirements have been satisfied:
166.22 	(a) The owner or the lessee has served upon the commissioner a verified application 
166.23 	for compensation that complies with the requirements set out in subdivision 6 and the 
166.24 	commissioner determines based on review of the application that compensation should be 
166.25 	paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket 
166.26 	loss in the transaction, minus attorney fees, interest on the loss and on the judgment 
166.27 	obtained as a result of the loss, and any satisfaction of the judgment, and make payment 
166.28 	to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days 
166.29 	after the owner or lessee serves the verified application.
166.30 	(b) The commissioner may pay compensation to owners or lessees that totals not 
166.31 	more than $50,000 per licensee per fiscal year under this accelerated process. The 
166.32 	commissioner may prorate the amount of compensation paid to owners or lessees under 
166.33 	this subdivision if applications submitted by owners and lessees seek compensation in 
166.34 	excess of $50,000 against a licensee. Any unpaid portion of a verified application that 
166.35 	has been prorated under this subdivision shall be satisfied in the manner set forth in 
166.36 	subdivision 9.
167.1 		Subd. 16.Appropriation. Money in the fund is appropriated to the commissioner 
167.2 	for the purposes of this section.
167.3 		Subd. 17.Additional assessment. If the balance in the fund is at any time less than 
167.4 	the commissioner determines is necessary to carry out the purposes of this section, every 
167.5 	licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the 
167.6 	fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall 
167.7 	set the amount of assessment based on a reasonable determination of the amount that is 
167.8 	necessary to restore a balance in the fund adequate to carry out the purposes of this section.

167.9 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
167.10 	subdivisions 1 and 3 are effective July 1, 2007.

167.11 	Sec. 30. REVISOR'S INSTRUCTION.
 167.12 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
167.13 	column A with the number listed in column B. The revisor shall also make necessary 
167.14 	cross-reference changes consistent with the renumbering.

167.15 | | Column A | Column B
167.16 | | 325E.58 | 326B.865
167.17 | | 326.83 | 326B.802
167.18 | | 326.84 | 326B.805
167.19 | | 326.841 | 327B.041
167.20 | | 326.842 | 326B.81
167.21 | | 326.86 | 326B.815
167.22 | | 326.87 | 326B.82
167.23 | | 326.88 | 326B.825
167.24 | | 326.89 | 326B.83
167.25 | | 326.90 | 326B.835
167.26 | | 326.91 | 326B.84
167.27 | | 326.92 | 326B.845
167.28 | | 326.921 | 326B.85
167.29 | | 326.93 | 326B.855
167.30 | | 326.94 | 326B.86
167.31 | | 326.95 | 326B.87
167.32 | | 326.951 | 326B.875
167.33 | | 326.96 | 326B.88
167.34 | | 326.97 | 326B.885

168.1 	ARTICLE 10
168.2 	BOILERS; PRESSURE VESSELS; BOATS

168.3 	Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
168.4 	183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; 
168.5 	LICENSES.
168.6 		Subdivision 1.All boilers inspected. The ~~Division of Boiler Inspection~~
168.7 	commissioner shall inspect all boilers and pressure vessels in use not expressly excepted 
168.8 	from such inspection by law. ~~Immediately~~ Upon inspection the ~~Division of Boiler~~ 
168.9 	~~Inspection~~ commissioner shall issue a certificate of inspection therefor or a certificate 
168.10 	condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and 
168.11 	certificates shall be prepared and furnished by the commissioner. The ~~Division of Boiler~~ 
168.12 	~~Inspection~~ commissioner shall examine all applicants for engineer's licenses. The ~~chief of~~ 
168.13 	~~the Division of Boiler Inspection~~ commissioner shall issue such license to an applicant as 
168.14 	the examination shall show the applicant is entitled to receive.
168.15 		Subd. 2.Inspector's examination. For the purpose of examining applicants 
168.16 	for ~~license~~ a National Board of Boiler and Pressure Vessel Inspectors commission, the 
168.17 	~~chief of the Division of Boiler Inspection or the deputy chief~~ commissioner shall fix and 
168.18 	determine a time and place for the examinations, and give notice to all applicants of the 
168.19 	time and place. The ~~chief or the deputy chief~~ commissioner shall grant and sign such 
168.20 	license certificates as applicants are entitled to receive upon examination. Applicants may 
168.21 	be examined and issued certificates of competency as inspectors of boilers and pressure 
168.22 	vessels.

168.23 	Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
168.24 		Subdivision 1.Inspector requirements. Each boiler inspector shall be ~~a person~~ 
168.25 	~~of good moral character, shall be~~ licensed in this state as a chief grade A engineer, and 
168.26 	must hold a national board commission as a boiler inspector within 12 months of being 
168.27 	employed as a boiler inspector by the department. An inspector shall not be interested in 
168.28 	the manufacture or sale of boilers or steam machinery or in any patented article required 
168.29 	or generally used in the construction of engines or boilers or their appurtenances.

168.30 	Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
168.31 		Subd. 2.Inspection. When used for display and demonstration purposes, steam 
168.32 	farm traction engines, portable and stationary show engines and portable and stationary 
168.33 	show boilers shall be inspected every two years according to law.
169.1 	(a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly 
169.2 	by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards 
169.3 	in paragraph (b), before being certified for use in Minnesota.
169.4 	(b) Standards for inspection of show boilers shall be those established by the 
169.5 	National Board Inspection Code ANSI/NB23 and by the rules adopted by the department 
169.6 	~~of Labor and Industry, Division of Boiler Inspection,~~ and as follows:
169.7 	(1) the boiler shall be subjected to the appropriate method of nondestructive 
169.8 	examination, at the owner's expense, as deemed necessary by the boiler inspector to 
169.9 	determine soundness and safety of the boiler;
169.10 	(2) the boiler shall be tested by ultrasonic examination for metal thickness (for 
169.11 	purposes of calculating the maximum allowable working pressure the thinnest reading 
169.12 	shall be used and a safety factor of six shall be used in calculating maximum allowable 
169.13 	working pressure on all non-ASME-code hobby and show boilers); and
169.14 	(3) repairs and alterations made to show boilers must be made pursuant to section  
169.15 	183.466. 
169.16 	(c) Further each such object shall successfully complete an inspection of:
169.17 	(1) the fusible plug;
169.18 	(2) the safety valve, which must be of ~~American Society of Mechanical Engineers'~~
169.19 	ASME approved design and set at the maximum allowable working pressure and sealed in 
169.20 	an appropriate manner not allowing tampering with the valve setting without destroying 
169.21 	the seal; and
169.22 	(3) the boiler power piping.
169.23 	Any longitudinal cracks found in riveted longitudinal seams requires that the vessel 
169.24 	be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed, 
169.25 	the jacket must be removed prior to inspection.

169.26 	Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
169.27 	183.42 INSPECTION AND REGISTRATION.
169.28 		Subdivision 1.Inspection. Every owner, lessee, or other person having charge of 
169.29 	boilers or pressure vessels subject to inspection under this chapter shall cause them to be 
169.30 	inspected by the ~~Division of Boiler Inspection~~ department. Except as provided in sections 
169.31 	183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at 
169.32 	least annually and pressure vessels inspected at least every two years ~~except as provided~~ 
169.33 	~~under section 183.45~~. The commissioner shall assess a $250 penalty per applicable boiler 
169.34 	or pressure vessel for failure to have the inspection required by this section and may seal 
169.35 	the boiler or pressure vessel for refusal to allow an inspection as required by this section.
170.1 		Subd. 2.Registration. Every owner, lessee, or other person having charge of 
170.2 	boilers or pressure vessels subject to inspection under this chapter, except hobby boilers 
170.3 	under section 183.411, shall register said objects with the ~~Division of Boiler Inspection~~
170.4 	department. The registration shall be renewed annually and is applicable to each object 
170.5 	separately. The fee for registration of a boiler or pressure vessel shall be pursuant to 
170.6 	section 183.545, subdivision 10. The ~~Division of Boiler Inspection~~ department may issue 
170.7 	a billing statement for each boiler and pressure vessel on record with the division, and 
170.8 	may determine a monthly schedule of billings to be followed for owners, lessees, or other 
170.9 	persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
170.10 		Subd. 3.Certificate of registration. The ~~Division of Boiler Inspection~~ department
170.11 	shall issue a certificate of registration that lists the registered boilers and pressure vessels 
170.12 	at the location, expiration date of the certificate of registration, last inspection date of 
170.13 	each registered boiler and pressure vessel, and maximum allowable working pressure for 
170.14 	each registered boiler and pressure vessel. The commissioner may make an electronic 
170.15 	certificate of registration available to be printed by the owner, lessee, or other person 
170.16 	having charge of the registered boiler or pressure vessel.

170.17 	Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
170.18 	183.45 INSPECTION.
170.19 		Subdivision 1.Inspection requirements. All boilers and steam generators must 
170.20 	be inspected by the ~~Division of Boiler Inspection~~ department before they are used and 
170.21 	all boilers must be inspected at least once each year thereafter except as provided under 
170.22 	subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure 
170.23 	or hammer test, and shall ascertain by a thorough internal and external examination 
170.24 	that they are well made and of good and suitable material; that the openings for the 
170.25 	passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of 
170.26 	proper dimensions and free from obstructions; that the flues are circular in form; that the 
170.27 	arrangements for delivering the feed water are such that the boilers cannot be injured 
170.28 	thereby; and that such boilers and their connections may be safely used without danger to 
170.29 	life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions, 
170.30 	sufficient in number, and properly arranged, and that the safety valves are so adjusted as 
170.31 	to allow no greater pressure in the boilers than the amount prescribed by the inspector's 
170.32 	certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate 
170.33 	the amount of water, and suitable gauges that will correctly record the pressure; and 
170.34 	that the fusible metals are properly inserted where required so as to fuse by the heat of 
170.35 	the furnace whenever the water in the boiler falls below its prescribed limit; and that 
171.1 	provisions are made for an ample supply of water to feed the boilers at all times; and that 
171.2 	means for blowing out are provided, so as to thoroughly remove the mud and sediment 
171.3 	from all parts when under pressure.
171.4 		Subd. 2.Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000 
171.5 	pounds per hour or more capacity which has an internal continuous water treatment 
171.6 	program approved by the department and which the ~~chief boiler inspector~~ commissioner
171.7 	has determined to be in compliance with paragraph (c).
171.8 	(b) A qualifying boiler must be inspected at least once every 24 months internally 
171.9 	and externally while not under pressure and at least once every 18 months externally 
171.10 	while under pressure. If the inspector considers it necessary to conduct a hydrostatic test 
171.11 	to determine the safety of a boiler, the test must be conducted under the direction of the 
171.12 	owner, contractor, or user of the equipment under the supervision of an inspector.
171.13 	(c) The owner of a qualifying boiler must keep accurate records showing the date 
171.14 	and actual time the boiler is out of service, the reason or reasons therefor, and the chemical 
171.15 	physical laboratory analysis of samples of the boiler water taken at regular intervals of 
171.16 	not more than 48 hours of operation which adequately show the condition of the water, 
171.17 	and any elements or characteristics of the water capable of producing corrosion or other 
171.18 	deterioration of the boiler or its parts.
171.19 	(d) If an inspector determines there are substantial deficiencies in equipment or in 
171.20 	boiler water treatment operating procedures, inspections of a qualifying boiler may be 
171.21 	required once every 12 months until the ~~chief boiler inspector~~ commissioner finds that the 
171.22 	substantial deficiencies have been corrected.

171.23 	Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
171.24 	183.46 TESTS.
171.25 	In subjecting both high and low pressure boilers and pressure vessels to the 
171.26 	hydrostatic test, and to determine the safe allowable working pressure, the inspector shall 
171.27 	use the latest approved formula of the ~~American Society of Mechanical Engineers~~ ASME
171.28 	Code or National Board Inspection Code, as applicable.

171.29 	Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
171.30 	183.465 STANDARDS OF INSPECTION.
171.31 	The engineering standards of boilers and pressure vessels for use in this state shall 
171.32 	be that established by the current edition of ~~the~~ and amendments to the ASME Code or the 
171.33 	National Board Inspection Code, as applicable, for construction, operation and care of, 
171.34 	in-service inspection and testing, and controls and safety devices ~~codes of the American~~ 
172.1 	~~Society of Mechanical Engineers and amendments thereto~~, and by the rules ~~of the Division~~ 
172.2 	~~of Boiler Inspection~~ adopted by the department ~~of Labor and Industry~~.

172.3 	Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
172.4 	183.466 STANDARDS OF REPAIRS.
172.5 	The rules for repair of boilers and pressure vessels for use in this state shall be those 
172.6 	established by the National Board of Boiler and Pressure Vessel Inspectors inspection 
172.7 	code and the rules ~~of the Division of Boiler Inspection~~ adopted by the department ~~of~~ 
172.8 	~~Labor and Industry~~.

172.9 	Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
172.10 	183.48 SPECIAL EXAMINATION.
172.11 	~~At any time the inspector deems it necessary an examination shall be made of any~~ 
172.12 	If an inspector examines a boiler or pressure vessel ~~which there is reason to believe has~~ 
172.13 	~~become~~ and determines that the boiler or pressure vessel is unsafe, ~~and~~ the inspector shall
172.14 	notify the ~~owners or operators thereof~~ owner or operator of any defect ~~therein, and what~~ 
172.15 	~~repairs are necessary~~ in that boiler or pressure vessel. Such boiler or pressure vessel 
172.16 	shall not thereafter be used until ~~so repaired~~ the defect is corrected. Boilers found to be 
172.17 	operated by unlicensed or improperly licensed persons shall not be used until the operators 
172.18 	are properly licensed. If circumstances warrant continued operation, approval may be 
172.19 	given for continuing operation for a specific period of time, not to exceed 30 days, at the 
172.20 	discretion of the boiler inspector.

172.21 	Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
172.22 	183.501 LICENSE REQUIREMENT.
172.23 	(a) No ~~person~~ individual shall be entrusted with the operation of or operate any 
172.24 	boiler, steam engine, or turbine who has not received a license of grade covering that 
172.25 	boiler, steam engine or turbine. The license shall be renewed annually, except as provided 
172.26 	in section 183.411. ~~When a violation of this section occurs the Division of Boiler~~ 
172.27 	~~Inspection may cause a complaint to be made for the prosecution of the offender and shall~~ 
172.28 	~~be entitled to sue for and obtain injunctive relief in the district courts for such violations.~~
172.29 	(b) For purposes of this chapter, "operation" shall not include monitoring of an 
172.30 	automatic boiler, either through on premises inspection of the boiler or by remote 
172.31 	electronic surveillance, provided that no operations are performed upon the boiler other 
172.32 	than emergency shut down in alarm situations.
173.1 	(c) No individual under the influence of illegal drugs or alcohol shall be entrusted 
173.2 	with the operation of or shall operate any boiler, steam engine, or turbine, or shall be 
173.3 	entrusted with the monitoring of or shall monitor an automatic boiler.

173.4 	Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
173.5 	183.505 APPLICATIONS FOR LICENSES.
173.6 	The ~~chief boiler inspector~~ commissioner shall prepare blank applications on which 
173.7 	applications for ~~engineers'~~ licenses shall be made ~~under oath of the applicant~~. These 
173.8 	blanks shall ~~be so formulated as to~~ elicit such information as is ~~desirable~~ needed to 
173.9 	~~enable the examiners to pass on~~ determine whether an applicant meets the qualifications 
173.10 	~~of applicants~~ required for the license.

173.11 	Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
173.12 	183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
173.13 		Subdivision 1.Engineers, classes. Engineers shall be divided into four classes:
173.14 	(1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade 
173.15 	A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade 
173.16 	C. (4) Special engineers.
173.17 		Subd. 2.Applications. Any ~~person~~ individual who desires an engineer's license 
173.18 	shall submit ~~a written~~ an application~~, on blanks furnished by the commissioner or designee~~
173.19 	on a written or electronic form prescribed by the commissioner, at least 15 days before 
173.20 	the requested exam date. The application ~~is valid for~~ permits the applicant to take the 
173.21 	examination on one occasion within one year from the date the commissioner ~~or designee~~ 
173.22 	~~received~~ receives the application.
173.23 		Subd. 2a.Examinations. Each applicant for a license must pass an examination 
173.24 	~~approved~~ developed and administered by the commissioner. The examinations shall be 
173.25 	of sufficient scope to establish the competency of the applicant to operate a boiler of the 
173.26 	applicable license class and grade.
173.27 		Subd. 3.High and low pressure boilers. For the purposes of this section and 
173.28 	section  183.50, high pressure boilers shall mean boilers operating at a steam or other vapor 
173.29 	pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure 
173.30 	exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 
173.31 	Low pressure boilers shall mean boilers operating at a steam or other vapor pressure 
173.32 	of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 
173.33 	160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
174.1 		Subd. 4.Chief engineer, Grade A. ~~A person~~ An individual seeking licensure as 
174.2 	a chief engineer, Grade A, shall be at least 18 years of age and have experience which 
174.3 	verifies that the ~~person~~ individual is competent to take charge of and be responsible for the 
174.4 	safe operation and maintenance of all classes of boilers, steam engines, and turbines and 
174.5 	their appurtenances; and, before receiving a license, the applicant shall take and subscribe 
174.6 	an oath attesting to at least five years actual experience in operating such boilers, including 
174.7 	at least two years experience in operating such engines or turbines.
174.8 		Subd. 5.Chief engineer, Grade B. ~~A person~~ An individual seeking licensure as a 
174.9 	chief engineer, Grade B, shall be at least 18 years of age and have habits and experience 
174.10 	which justify the belief that the ~~person~~ individual is competent to take charge of and be 
174.11 	responsible for the safe operation and maintenance of all classes of boilers and their 
174.12 	appurtenances; and, before receiving a license, the applicant shall take and subscribe an 
174.13 	oath attesting to at least five years actual experience in operating those boilers.
174.14 		Subd. 6.Chief engineer, Grade C. ~~A person~~ An individual seeking licensure as a 
174.15 	chief engineer, Grade C, shall be at least 18 years of age and have habits and experience 
174.16 	which justify the belief that the ~~person~~ individual is competent to take charge of and 
174.17 	be responsible for the safe operation and maintenance of all classes of low pressure 
174.18 	boilers and their appurtenances, and before receiving a license, the applicant shall take 
174.19 	and subscribe an oath attesting to at least five years of actual experience in operating 
174.20 	such boilers.
174.21 		Subd. 7.First-class engineer, Grade A. ~~A person~~ An individual seeking licensure 
174.22 	as a first-class engineer, Grade A, shall be at least 18 years of age and have experience 
174.23 	which verifies that the ~~person~~ individual is competent to take charge of and be responsible 
174.24 	for the safe operation and maintenance of all classes of boilers, engines, and turbines and 
174.25 	their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a 
174.26 	plant of unlimited horsepower. Before receiving a license, the applicant shall take and 
174.27 	subscribe an oath attesting to at least three years actual experience in operating such 
174.28 	boilers, including at least two years experience in operating such engines or turbines.
174.29 		Subd. 8.First-class engineer, Grade B. ~~A person~~ An individual seeking licensure 
174.30 	as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and 
174.31 	experience which justify the belief that the ~~person~~ individual is competent to take charge 
174.32 	of and be responsible for the safe operation and maintenance of all classes of boilers of 
174.33 	not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited 
174.34 	horsepower. Before receiving a license the applicant shall take and subscribe an oath 
174.35 	attesting to at least three years actual experience in operating such boilers.
175.1 		Subd. 9.First-class engineer, Grade C. ~~A person~~ An individual seeking licensure 
175.2 	as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and 
175.3 	experience which justify the belief that the ~~person~~ individual is competent to take charge 
175.4 	of and be responsible for the safe operation and maintenance of all classes of low pressure 
175.5 	boilers and their appurtenances of not more than 300 horsepower or to operate as a shift 
175.6 	engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the 
175.7 	applicant shall take and subscribe an oath attesting to at least three years actual experience 
175.8 	in operating such boilers.
175.9 		Subd. 10.Second-class engineer, Grade A. ~~A person~~ An individual seeking 
175.10 	licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have 
175.11 	experience which verifies that the ~~person~~ individual is competent to take charge of and 
175.12 	be responsible for the safe operation and maintenance of all classes of boilers, engines, 
175.13 	and turbines and their appurtenances of not more than 100 horsepower or to operate 
175.14 	as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift 
175.15 	engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving 
175.16 	a license the applicant shall take and subscribe an oath attesting to at least one year of 
175.17 	actual experience in operating such boilers, including at least one year of experience in 
175.18 	operating such engines or turbines.
175.19 		Subd. 11.Second-class engineer, Grade B. ~~A person~~ An individual seeking 
175.20 	licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have 
175.21 	habits and experience which justify the belief that the ~~person~~ individual is competent to 
175.22 	take charge of and be responsible for the safe operation and maintenance of all classes of 
175.23 	boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not 
175.24 	more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant 
175.25 	of unlimited horsepower. Before receiving a license the applicant shall take and subscribe 
175.26 	an oath attesting to at least one year of actual experience in operating such boilers.
175.27 		Subd. 12.Second-class engineer, Grade C. ~~A person~~ An individual seeking 
175.28 	licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have 
175.29 	habits and experience which justify the belief that the ~~person~~ individual is competent to 
175.30 	take charge of and be responsible for the safe operation and maintenance of all classes 
175.31 	of low pressure boilers and their appurtenances of not more than 100 horsepower or to 
175.32 	operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or 
175.33 	to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited 
175.34 	horsepower. Before receiving a license, the applicant shall take and subscribe an oath 
175.35 	attesting to at least one year of actual experience in operating such boilers.
176.1 		Subd. 13.Special engineer. ~~A person~~ An individual seeking licensure as a special 
176.2 	engineer shall be at least 18 years of age and have habits and experience which justify 
176.3 	the belief that the ~~person~~ individual is competent to take charge of and be responsible for 
176.4 	the safe operation and maintenance of all classes of boilers and their appurtenances of 
176.5 	not more than 30 horsepower or to operate as a shift engineer in a plant of not more than 
176.6 	100 horsepower, or to serve as an apprentice in any plant under the direct supervision of 
176.7 	the properly licensed engineer.
176.8 		Subd. 14.Current boiler operators. Any ~~person~~ individual operating a boiler other 
176.9 	than a steam boiler on or before April 15, 1982 shall be qualified for application for the 
176.10 	applicable class license upon presentation of an affidavit furnished by an inspector and 
176.11 	sworn to by the ~~person's~~ individual's employer or a chief engineer. The applicant must 
176.12 	have at least the number of years of actual experience specified for the class of license 
176.13 	requested and pass the appropriate examination.
176.14 		Subd. 15.Rating horsepower. For the purpose of rating boiler horsepower for 
176.15 	engineer license classifications only: ten square feet of heating surface shall be considered 
176.16 	equivalent to one boiler horsepower for conventional boilers and five square feet of 
176.17 	heating surface equivalent to one boiler horsepower for steam coil type generators.

176.18 	Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
176.19 		Subdivision 1.~~Safety~~ Inspection certificate. After examination and tests~~, if a boiler~~ 
176.20 	~~inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall~~ 
176.21 	~~deliver to the chief boiler inspector a verified certificate in such form as prescribed by~~ 
176.22 	~~the chief boiler inspector containing a specification of the tests applied and the working~~ 
176.23 	~~pressure allowed. A copy of the certificate is delivered to the owner of the boiler or~~ 
176.24 	~~pressure vessel, who shall place and retain the same in a conspicuous place on or near~~ 
176.25 	~~the boiler or pressure vessel.~~ of the boiler or pressure vessel being inspected, the boiler 
176.26 	inspector shall document the condition of the boiler or pressure vessel as required by the 
176.27 	commissioner. The inspector shall issue an inspection certificate, as prescribed by the 
176.28 	commissioner, to the owner or operator for the inspected boilers and pressure vessels 
176.29 	found to be safe and suitable for use. The inspector shall immediately notify the owner or 
176.30 	operator of any deficiencies found on the boilers and pressure vessels during the inspection 
176.31 	on a form prescribed by the commissioner.

176.32 	Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
176.33 		Subd. 3.Failure to pay fee. If the owner or lessee of any boiler or pressure vessel, 
176.34 	which boiler or pressure vessel has been duly inspected, refuses to pay the required fee 
177.1 	within 30 days from the date of the ~~inspection~~ invoice, the ~~chief boiler inspector, or~~ 
177.2 	~~deputy,~~ department may seal the boiler or pressure vessel until the fee is paid.

177.3 	Sec. 15. Minnesota Statutes 2006, section 183.545, subdivision 2, is amended to read:
177.4 		Subd. 2.Fee amounts; master's. The license and application fee for a master's 
177.5 	license is ~~$50~~ $45, or ~~$20~~ $15 if the applicant possesses a valid, unlimited, current United 
177.6 	States Coast Guard master's license. The annual renewal of a master's license is ~~$20~~ $15. 
177.7 	The annual renewal if paid later than 30 days after expiration is ~~$35~~ $30. The fee for 
177.8 	replacement of a current, valid license is ~~$20~~ $15.

177.9 	EFFECTIVE DATE. This section is effective July 1, 2007.

177.10 	Sec. 16. Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:
177.11 		Subd. 4.Boiler engineer license fees. For the following licenses, the nonrefundable 
177.12 	license and application fee is:
177.13 	(1) chief engineer's license, ~~$50~~ $45;
177.14 	(2) first class engineer's license, ~~$50~~ $45;
177.15 	(3) second class engineer's license, ~~$50~~ $45;
177.16 	(4) special engineer's license, ~~$20~~ $15; and
177.17 	(5) traction or hobby boiler engineer's license, ~~$50~~ $45.
177.18 	An engineer's license may be renewed upon application and payment of an annual 
177.19 	renewal fee of ~~$20~~ $15. The annual renewal, if paid later than 30 days after expiration, is 
177.20 	~~$35~~ $30. The fee for replacement of a current, valid license is ~~$20~~ $15.

177.21 	EFFECTIVE DATE. This section is effective July 1, 2007.

177.22 	Sec. 17. Minnesota Statutes 2006, section 183.545, subdivision 8, is amended to read:
177.23 		Subd. 8.Certificate of competency. The fee for issuance of the original state of 
177.24 	Minnesota certificate of competency for inspectors is ~~$50~~ $45. This fee is waived for 
177.25 	inspectors who paid the examination fee. The fee for an annual renewal of the state of 
177.26 	Minnesota certificate of competency is ~~$35~~ $30, and is due January 1 of each year. The 
177.27 	fee for replacement of a current, valid license is ~~$35~~ $30.

177.28 	EFFECTIVE DATE. This section is effective July 1, 2007.

177.29 	Sec. 18. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision 
177.30 	to read:
178.1 		Subd. 11.Late fee. The commissioner may assess a late fee of up to $100 for 
178.2 	each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date 
178.3 	stated on the invoice.

178.4 	EFFECTIVE DATE. This section is effective July 1, 2007.

178.5 	Sec. 19. Minnesota Statutes 2006, section 183.56, is amended to read:
178.6 	183.56 EXCEPTIONS.
178.7 	The provisions of sections 183.38 to 183.62, shall not apply to: 
178.8 	(1) boilers in buildings occupied solely for residence purposes with accommodations 
178.9 	for not more than five families;
178.10 	(2) railroad locomotives operated by railroad companies for transportation purposes;
178.11 	(3) air tanks installed on the right-of-way of railroads and used directly in the 
178.12 	operation of trains;
178.13 	(4) boilers and pressure vessels under the direct jurisdiction of the United States;
178.14 	(5) unfired pressure vessels having an internal or external working pressure not 
178.15 	exceeding 15 p.s.i.g. with no limit on size;
178.16 	(6) pressure vessels used for storage of compressed air not exceeding five cubic feet 
178.17 	in volume and equipped with an ~~American Society of Mechanical Engineers~~ ASME code 
178.18 	stamped safety valve set at a maximum of 100 p.s.i.g.;
178.19 	(7) pressure vessels having an inside diameter not exceeding six inches;
178.20 	(8) every vessel that contains water under pressure, including those containing air 
178.21 	that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and 
178.22 	whose design temperature does not exceed 210 degrees Fahrenheit;
178.23 	(9) boiler or pressure vessels located on farms used solely for agricultural or 
178.24 	horticultural purposes; for purposes of this section, boilers used for mint oil extraction 
178.25 	are considered used for agricultural or horticultural purposes, provided that the owner or 
178.26 	lessee complies with the inspection requirements contained in section 183.42; 
178.27 	(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
178.28 	(11) unfired pressure vessels in petroleum refineries;
178.29 	(12) an air tank or pressure vessel which is an integral part of a passenger motor 
178.30 	bus, truck, or trailer;
178.31 	(13) hot water heating and other hot liquid boilers not exceeding a heat input of 
178.32 	750,000 BTU per hour;
179.1 	(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 
179.2 	BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 
179.3 	120 gallons, or a pressure of 160 p.s.i.g.;
179.4 	(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
179.5 	(16) pressure vessels operated full of water or other liquid not materially more 
179.6 	hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees 
179.7 	Fahrenheit or a pressure of 200 p.s.i.g.;
179.8 	(17) steam powered turbines at paper-making facilities which are powered by steam 
179.9 	generated by municipal steam district facilities at a remote location; and
179.10 	(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, 
179.11 	or antique motor vehicles constructed or maintained only as a hobby for exhibition, 
179.12 	educational or historical purposes and not for commercial use, if the boilers have an 
179.13 	inside diameter of 12 inches or less, or a grate area of two square feet or less, and are 
179.14 	equipped with an ~~American Society of Mechanical Engineers~~ ASME stamped safety valve 
179.15 	of adequate size, a water level indicator, and a pressure gauge.
179.16 	An engineer's license is not required for hot water supply boilers.
179.17 	An engineer's license is not required for boilers, steam cookers, steam kettles, steam 
179.18 	sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 
179.19 	kilowatt, 2-1/2 horsepower ~~or~~ and a pressure of 15 p.s.i.g.
179.20 	Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum 
179.21 	of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and 
179.22 	shall not require an engineer license to operate.

179.23 	Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
179.24 		Subdivision 1.Report required. Any insurance company insuring boilers and 
179.25 	pressure vessels in this state shall file a report showing the most recent date of inspection, 
179.26 	the name of the ~~person~~ individual making the inspection, the condition of the boiler or 
179.27 	pressure vessel as disclosed by the inspection, whether the boiler was operated by a 
179.28 	properly licensed engineer, whether a policy of insurance has been issued by the company 
179.29 	with reference to the boiler or pressure vessel, and other information as directed by the 
179.30 	~~chief boiler inspector~~ commissioner. Within 21 days after the inspection, the insurance 
179.31 	company shall file the report with the ~~chief boiler inspector or designee~~ commissioner. 
179.32 	The insurer shall provide a copy of the report to the person~~, firm, or corporation~~ owning or 
179.33 	operating the inspected boiler or pressure vessel. Such report shall be made annually for 
179.34 	boilers and biennially for pressure vessels.

180.1 	Sec. 21. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
180.2 		Subd. 2.Exemption. Every boiler or pressure vessel as to which any insurance 
180.3 	company authorized to do business in this state has issued a policy of insurance, after the 
180.4 	inspection thereof, is exempt from inspection by the department made under sections 
180.5 	183.375 to 183.62, while the same continues to be insured and provided it continues 
180.6 	to be inspected in accordance with the inspection schedule set forth in sections 183.42
180.7 	and 183.45, and the person~~, firm, or corporation~~ owning or operating the same has an 
180.8 	unexpired certificate of registration.

180.9 	Sec. 22. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
180.10 		Subd. 5.Notice of insurance coverage. The insurer shall notify the commissioner 
180.11 	~~or designee~~ in writing of its policy to insure and inspect boilers and pressure vessels at a 
180.12 	location within 30 days of receipt of notification from the insured that a boiler or pressure 
180.13 	vessel is present at an insured location. The insurer must also provide a duplicate of the 
180.14 	notification to the insured.

180.15 	Sec. 23. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
180.16 		Subd. 6.Notice of discontinued coverage. The insurer shall notify the 
180.17 	commissioner ~~or designee~~ in writing, within 30 days of the effective date, of the 
180.18 	discontinuation of insurance coverage of the boilers and pressure vessels at a location 
180.19 	and the cause or reason for the discontinuation if the insurer has received notice from 
180.20 	the insured that a boiler or pressure vessel is present at an insured location, as provided 
180.21 	under subdivision 5. This notice shall show the effective date when the discontinued 
180.22 	policy takes effect.

180.23 	Sec. 24. Minnesota Statutes 2006, section 183.59, is amended to read:
180.24 	183.59 VIOLATIONS BY INSPECTORS.
180.25 	Every inspector who willfully certifies falsely regarding any boiler or its attachments, 
180.26 	or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license 
180.27 	to any ~~person~~ individual to act as engineer~~,~~ or master~~, or pilot~~ contrary to any provision of 
180.28 	sections  183.375 to  183.62, is guilty of a misdemeanor. In addition to this punishment the 
180.29 	inspector shall be removed from office forthwith. 

180.30 	Sec. 25. Minnesota Statutes 2006, section 183.60, is amended to read:
180.31 	183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
181.1 		Subdivision 1.Construction violation. ~~Every~~ No person ~~who constructs~~ shall 
181.2 	construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum 
181.3 	construction requirements of the ~~American Society of Mechanical Engineers~~ ASME boiler 
181.4 	and pressure vessel code, and the rules of the ~~Division of Boiler Inspection adopted by the~~ 
181.5 	 department ~~of Labor and Industry is guilty of a gross misdemeanor~~.
181.6 		Subd. 2.Repair violation. ~~Every~~ No person ~~who repairs~~ a boiler or pressure vessel 
181.7 	by welding or riveting so as not to meet the minimum requirements established by the 
181.8 	current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection 
181.9 	code and the rules of the ~~Division of Boiler Inspection adopted by the~~ department ~~of Labor~~ 
181.10 	~~and Industry is guilty of a gross misdemeanor~~.
181.11 		Subd. 3.Sale violation. ~~Every~~ No manufacturer, jobber, dealer, or other person 
181.12 	~~selling or offering~~shall sell or offer for sale a boiler or pressure vessel that does not meet 
181.13 	the minimum construction requirements of the ~~American Society of Mechanical Engineers~~
181.14 	ASME boiler and pressure vessel code and the rules of the ~~Division of Boiler Inspection~~ 
181.15 	~~adopted by the~~ department ~~of Labor and Industry is guilty of a gross misdemeanor~~.

181.16 	Sec. 26. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
181.17 		Subd. 2.Inspection violation. ~~Any~~ No person ~~who causes~~ shall cause to be 
181.18 	operated~~,~~ or ~~operates~~ shall operate~~,~~ any boiler or boat without having the same inspected 
181.19 	at least once each year, or pressure vessel, steam farm traction engine, portable or 
181.20 	stationary show engine, or portable or stationary show boiler without having it inspected 
181.21 	biennially, ~~and~~ or without having the proper engineer or ~~pilot~~ master license ~~is guilty~~ 
181.22 	~~of a misdemeanor~~.

181.23 	Sec. 27. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
181.24 		Subd. 4.Failure to repair. ~~Every person operating or causing to be operated~~ After
181.25 	any boiler or pressure vessel ~~after it~~ has been examined and found to be unsafe and after the 
181.26 	owner or operator ~~thereof~~ of the boiler or pressure vessel has been notified of any defect 
181.27 	~~therein and what repairs are necessary to remedy the defect who fails to comply with the~~ 
181.28 	~~inspector's requirements is guilty of a misdemeanor~~ in it, no person shall operate the boiler 
181.29 	or pressure vessel or cause it to be operated unless and until the defect has been corrected.

181.30 	Sec. 28. [326B.93] INSPECTION PERSONNEL.
181.31 		Subdivision 1.Inspectors. The department may employ such inspectors and other 
181.32 	persons as are necessary to efficiently perform the duties and exercise the powers imposed 
181.33 	upon the department.
182.1 		Subd. 2.Chief boiler inspector. The commissioner shall appoint a chief boiler 
182.2 	inspector who, under the direction and supervision of the commissioner, shall administer 
182.3 	this chapter and the rules adopted under this chapter. The chief boiler inspector must: 
182.4 	(1) be licensed as a chief Grade A engineer; and 
182.5 	(2) possess a current commission issued by the National Board of Boiler and 
182.6 	Pressure Vessel Inspectors. 
182.7 	The chief boiler inspector shall be the state of Minnesota representative on the National 
182.8 	Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority 
182.9 	of the rules adopted under this chapter, and shall perform other duties in administering this 
182.10 	chapter and the rules adopted under this chapter as assigned by the commissioner.

182.11 	Sec. 29. [326B.94] BOATS; MASTERS.
182.12 		Subdivision 1.Boat. "Boat" means any vessel navigating inland waters of the state 
182.13 	that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet 
182.14 	or more in length.
182.15 		Subd. 2.Number of passengers. The department shall designate the number of 
182.16 	passengers that each boat may safely carry, and no such boat shall carry a greater number 
182.17 	than is allowed by the inspector's certificate.
182.18 		Subd. 3.Annual permit. The commissioner shall issue an annual permit to a boat 
182.19 	for the purpose of carrying passengers for hire on the inland waters of the state provided 
182.20 	the boat satisfies the inspection requirements of this section. A boat subject to inspection 
182.21 	under this chapter shall be registered with the department and shall be inspected before a 
182.22 	permit may be issued. No person shall operate a boat or cause a boat to be operated for the 
182.23 	purpose of carrying passengers for hire on the inland waters of the state without a valid 
182.24 	annual permit issued under this section. 
182.25 		Subd. 4.Examinations, licensing. The commissioner shall develop and administer 
182.26 	an examination for all masters of boats carrying passengers for hire on the inland waters of 
182.27 	the state as to their qualifications and fitness. If found qualified and competent to perform 
182.28 	their duties as a master of a boat carrying passengers for hire, they shall be issued a license 
182.29 	authorizing them to act as such on the inland waters of the state. The license shall be 
182.30 	renewed annually. Fees for the original issue and renewal of the license authorized under 
182.31 	this section shall be pursuant to section 183.545, subdivision 2.
182.32 		Subd. 5.Rules. (a) The department shall prescribe rules for the inspection of the 
182.33 	hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances, 
182.34 	and lifesaving equipment of all power boats navigating the inland waters of the state, 
182.35 	which shall conform to the requirements and specifications of the United States Coast 
183.1 	Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable 
183.2 	inland waters; these rules shall have the force of law.
183.3 	(b) The commissioner shall make such rules for inspection and operation of boats 
183.4 	subject to inspection under this chapter, the licensing of masters, and the navigation of any 
183.5 	such boat as will require its operation without danger to life or property.
183.6 		Subd. 6.Drugs, alcohol. No master shall be under the influence of illegal drugs 
183.7 	or alcohol when on duty.

183.8 	Sec. 30. REVISOR'S INSTRUCTION.
 183.9 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
183.10 	column A with the number listed in column B. The revisor shall also make necessary 
183.11 	cross-reference changes consistent with the renumbering.

183.12 | Column A | Column B
183.13 | 183.38 | 326B.952
183.14 | 183.39 | 326B.954
183.15 | 183.411 | 326B.956
183.16 | 183.42 | 326B.958
183.17 | 183.45 | 326B.96
183.18 | 183.46 | 326B.962
183.19 | 183.465 | 326B.964
183.20 | 183.466 | 326B.966
183.21 | 183.48 | 326B.968
183.22 | 183.50 | 326B.97
183.23 | 183.501 | 326B.972
183.24 | 183.502 | 326B.974
183.25 | 183.505 | 326B.976
183.26 | 183.51 | 326B.978
183.27 | 183.53 | 326B.98
183.28 | 183.54 | 326B.982
183.29 | 183.545 | 326B.986
183.30 | 183.56 | 326B.988
183.31 | 183.57 | 326B.99
183.32 | 183.59 | 326B.992
183.33 | 183.60 | 326B.994
183.34 | 183.61 | 326B.996
183.35 | 183.62 | 326B.998

184.1 	ARTICLE 11
184.2 	HIGH PRESSURE PIPING

184.3 	Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
184.4 	326.46 ~~SUPERVISION OF~~DEPARTMENT TO SUPERVISE HIGH 
184.5 	PRESSURE PIPING.
184.6 	The department ~~of Labor and Industry~~ shall supervise all high pressure piping used 
184.7 	on all projects in this state, and may prescribe minimum standards which shall be uniform.
184.8 	The department shall employ inspectors and other assistants to carry out the 
184.9 	provisions of sections  326.46 to  326.52. 

184.10 	Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
184.11 	to read:
184.12 		Subd. 1a.Contracting high pressure pipefitter. "Contracting high pressure 
184.13 	pipefitter" means an individual, such as a steamfitter, engaged in the planning, 
184.14 	superintending, and practical installation of high pressure piping and appurtenances, and 
184.15 	otherwise lawfully qualified to construct high pressure piping installations and make 
184.16 	replacements to existing plants, who is also qualified to conduct the business of high 
184.17 	pressure piping installations and who is familiar with the laws, rules, and minimum 
184.18 	standards governing them.

184.19 	Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
184.20 	to read:
184.21 		Subd. 2a.High pressure steam. "High pressure steam" means a pressure in excess 
184.22 	of 15 pounds per square inch.

184.23 	Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
184.24 	to read:
184.25 		Subd. 2b.Journeyman high pressure pipefitter.  "Journeyman high pressure 
184.26 	pipefitter" means an individual, such as a steamfitter, who is not a contracting high 
184.27 	pressure pipefitter and who is engaged in the practical installation of high pressure piping 
184.28 	and appurtenances in the employ of a contracting high pressure pipefitter.

184.29 	Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
184.30 	to read:
185.1 		Subd. 4.Pipefitter trainee. A "pipefitter trainee" is an individual, other than a 
185.2 	contracting pipefitter, journeyman pipefitter, or pipefitter apprentice, who as a principal 
185.3 	occupation is in the employ of a high pressure piping business license holder and is 
185.4 	engaged in pipefitter work to learn and assist in the practical construction and installation 
185.5 	of high pressure piping and appurtenances. For purposes of this subdivision, a "pipefitter 
185.6 	apprentice" is an individual employed in the trade of the practical construction and 
185.7 	installation of high pressure piping and appurtenances under an apprenticeship agreement 
185.8 	approved by the department under Minnesota Rules, part 5200.0300.

185.9 	EFFECTIVE DATE. This section is effective July 1, 2007.

185.10 	Sec. 6. Minnesota Statutes 2006, section 326.47, is amended to read:
185.11 	326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
185.12 		Subdivision 1.Required permit. No person~~, firm, or corporation~~ shall construct or 
185.13 	install high pressure piping systems without first filing an application for a permit with the 
185.14 	department ~~of Labor and Industry~~ or a municipality that has complied with subdivision 2. 
185.15 	~~Projects under construction prior to August 1, 1984, are not required to obtain a permit.~~
185.16 		Subd. 2.Permissive municipal regulation. ~~A municipality may, by ordinance,~~ 
185.17 	~~provide for the inspection of high pressure piping system materials and construction, and~~ 
185.18 	~~provide that it shall not be constructed or installed except in accordance with minimum~~ 
185.19 	~~state standards. The authority designated by the ordinance for issuing high pressure piping~~ 
185.20 	~~permits and assuring compliance with state standards must report to the Department of~~ 
185.21 	~~Labor and Industry all violations of state high pressure piping standards.~~
185.22 	~~A municipality may not adopt an ordinance with high pressure piping standards~~ 
185.23 	~~that does not conform to the uniform standards prescribed by the Department of Labor~~ 
185.24 	~~and Industry. The Department of Labor and Industry shall specify by rule the minimum~~ 
185.25 	~~qualifications for municipal inspectors.~~ The commissioner may enter into an agreement 
185.26 	with a municipality, in which the municipality agrees to perform inspections and issue 
185.27 	permits for the construction and installation of high pressure piping systems within the 
185.28 	municipality's geographical area of jurisdiction, if:
185.29 	(a) The municipality has adopted:
185.30 	(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to 
185.31 	5230.6200;
185.32 	(2) an ordinance that authorizes the municipality to issue permits to persons holding 
185.33 	a high pressure piping business license issued by the department and only for construction 
186.1 	or installation that would, if performed properly, fully comply with all Minnesota Statutes 
186.2 	and Minnesota Rules;
186.3 	(3) an ordinance that authorizes the municipality to perform the inspections that are 
186.4 	required under Minnesota Statutes or Minnesota Rules of the construction and installation 
186.5 	of high pressure piping systems; and
186.6 	(4) an ordinance that authorizes the municipality to enforce the code for power 
186.7 	piping systems in its entirety.
186.8 	(b) The municipality agrees to issue permits only to persons holding a high pressure 
186.9 	piping business license as required by law at the time of the permit issuance, and only for 
186.10 	construction or installation that would, if performed properly, comply with all Minnesota 
186.11 	Statutes and Minnesota Rules governing the construction or installation of high pressure 
186.12 	piping systems.
186.13 	(c) The municipality agrees to issue permits only on forms approved by the 
186.14 	department.
186.15 	(d) The municipality agrees that, for each permit issued by the municipality, the 
186.16 	municipality shall perform one or more inspections of the construction or installation to 
186.17 	determine whether the construction or installation complies with all Minnesota Statutes 
186.18 	and Minnesota Rules governing the construction or installation of high pressure piping 
186.19 	systems, and shall prepare a written report of each inspection.
186.20 	(e) The municipality agrees to notify the commissioner within 24 hours after the 
186.21 	municipality discovers any violation of the licensing laws related to high pressure piping.
186.22 	(f) The municipality agrees to notify the commissioner immediately if the 
186.23 	municipality discovers that any entity has failed to meet a deadline set by the municipality 
186.24 	for correction of a violation of the high pressure piping laws.
186.25 	(g) The commissioner determines that the individuals who will conduct the 
186.26 	inspections for the municipality do not have any conflict of interest in conducting the 
186.27 	inspections.
186.28 	(h) Individuals who will conduct the inspections for the municipality are permanent 
186.29 	employees of the municipality and are licensed contracting high pressure pipefitters or 
186.30 	licensed journeyman high pressure pipefitters.
186.31 	(i) The municipality agrees to notify the commissioner within ten days of any 
186.32 	changes in the names or qualifications of the individuals who conduct the inspections 
186.33 	for the municipality.
186.34 	(j) The municipality agrees to enforce in its entirety the code for power piping 
186.35 	systems on all projects.
187.1 	(k) The municipality shall not approve any piping installation unless the installation 
187.2 	conforms to all applicable provisions of the high pressure piping laws in effect at the 
187.3 	time of the installation.
187.4 	(l) The municipality agrees to promptly require compliance or revoke a permit that 
187.5 	it has issued if there is noncompliance with any of the applicable provisions of the high 
187.6 	pressure piping laws in connection with the work covered by the permit. The municipality 
187.7 	agrees to revoke the permit if any laws regulating the licensing of pipefitters have been 
187.8 	violated.
187.9 	(m) The municipality agrees to keep official records of all documents received, 
187.10 	including permit applications, and of all permits issued, reports of inspections, and notices 
187.11 	issued in connection with inspections.
187.12 	(n) The municipality agrees to maintain the records described in paragraph (m) in 
187.13 	the official records of the municipality for the period required for the retention of public 
187.14 	records under section 138.17, and shall make these records readily available for review 
187.15 	according to section 13.37.
187.16 	(o) Not later than the tenth day of each month, the municipality shall submit to the 
187.17 	commissioner a report of all high pressure piping permits issued by the municipality during 
187.18 	the preceding month. This report shall be in a format approved by the commissioner 
187.19 	and shall include:
187.20 	(1) the name of the contractor;
187.21 	(2) the license number of the contractor's license issued by the commissioner;
187.22 	(3) the permit number;
187.23 	(4) the address of the job;
187.24 	(5) the date the permit was issued;
187.25 	(6) a brief description of the work; and
187.26 	(7) the amount of the inspection fee.
187.27 	(p) Not later than the 31st day of January of each year, the municipality shall submit 
187.28 	a summary report to the commissioner identifying the status of each high pressure piping 
187.29 	project for which the municipality issued a permit during the preceding year, and the 
187.30 	status of high pressure piping projects for which the municipality issued a permit during a 
187.31 	prior year where no final inspection had occurred by the first day of the preceding year. 
187.32 	This summary report shall include:
187.33 	(1) the permit number;
187.34 	(2) the date of any final inspection; and
187.35 	(3) identification of any violation of high pressure piping laws related to work 
187.36 	covered by the permit.
188.1 	(q) The municipality and the commissioner agree that if at any time during the 
188.2 	agreement the municipality does not have in effect the code for high pressure piping 
188.3 	systems or any of the ordinances described in paragraph (a), or if the commissioner 
188.4 	determines that the municipality is not properly administering and enforcing the code for 
188.5 	high pressure piping or is otherwise not complying with the agreement:
188.6 	(1) the commissioner may, effective 14 days after the municipality's receipt of 
188.7 	written notice, terminate the agreement and have the administration and enforcement of 
188.8 	the high pressure piping code in the involved municipality undertaken by the department; 
188.9 	(2) the municipality may challenge the termination in a contested case before the 
188.10 	commissioner pursuant to the Administrative Procedure Act; and
188.11 	(3) while any challenge under clause (2) is pending, the commissioner may exercise 
188.12 	oversight of the municipality to the extent needed to ensure that high pressure piping 
188.13 	inspections are performed and permits are issued in accordance with the high pressure 
188.14 	piping laws.
188.15 	(r) The municipality and the commissioner agree that the municipality may terminate 
188.16 	the agreement with or without cause on 90 days' written notice to the commissioner.
188.17 	(s) The municipality and the commissioner agree that no municipality shall 
188.18 	revoke, suspend, or place restrictions on any high pressure piping license issued by the 
188.19 	commissioner. If the municipality identifies during an inspection any violation that 
188.20 	may warrant revocation, suspension, or placement of restrictions on a high pressure 
188.21 	piping license issued by the commissioner, the municipality shall promptly notify the 
188.22 	commissioner of the violation and the commissioner shall determine whether revocation, 
188.23 	suspension, or placement of restrictions on any high pressure piping license issued by 
188.24 	the commissioner is appropriate.
188.25 		~~Subd. 5.Reporting of permits issued.~~ ~~Each municipality must submit to the~~ 
188.26 	~~Department of Labor and Industry a copy of each permit issued within ten days after~~ 
188.27 	~~issuance.~~
188.28 	~~All permits must be issued on forms prescribed by or approved by the Department of~~ 
188.29 	~~Labor and Industry.~~
188.30 		Subd. 6.Filing and inspection fees. (a) The department ~~of Labor and Industry~~ must 
188.31 	charge a filing fee ~~set by the commissioner under section 16A.1285~~ and an inspection fee
188.32 	for all applications for permits to construct or install high pressure piping systems. The 
188.33 	filing fee ~~for inspection of high pressure piping system construction or installation~~ shall 
188.34 	be ~~set by the commissioner under section 16A.1285~~ $100. ~~This subdivision does~~ The 
188.35 	inspection fee shall be calculated as follows.
189.1 	(1) When an application for a permit is filed prior to the start of construction or 
189.2 	installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus 
189.3 	0.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of 
189.4 	construction or installation.
189.5 	(2) Except as provided in paragraph (b), when an application for permit is filed after 
189.6 	the start of construction or installation, the inspection fee shall be the greater of: $1,100; 
189.7 	or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011 
189.8 	of the amount over $3,000,000 of the cost of construction or installation.
189.9 	(b) The commissioner shall consider any extenuating circumstances that caused an 
189.10 	application for permit to be filed after the start of construction or installation. If warranted 
189.11 	by such extenuating circumstances, the commissioner may calculate the inspection fee as 
189.12 	if the application for permit had been filed prior to the start of construction or installation.
189.13 	(c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality 
189.14 	~~complying~~ in accordance with an agreement under subdivision 2. 

189.15 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
189.16 	subdivision 6 is effective July 1, 2007.

189.17 	Sec. 7. Minnesota Statutes 2006, section 326.48, is amended to read:
189.18 	326.48 LICENSING AND REGISTRATION.
189.19 		Subdivision 1.License required; rules; time credit. No ~~person~~individual shall 
189.20 	engage in or work at the business of a contracting high pressure pipefitter unless issued 
189.21 	an individual contracting high pressure pipefitter license to do so by the department ~~of~~ 
189.22 	~~Labor and Industry~~. No license shall be required for repairs on existing installations. No 
189.23 	~~person~~ individual shall engage in or work at the business of journeyman pipefitter unless 
189.24 	issued an individual journeyman high pressure pipefitter competency license to do so by 
189.25 	the department ~~of Labor and Industry~~. A person possessing an individual contracting 
189.26 	high pressure pipefitter competency license may also work as a journeyman high pressure 
189.27 	pipefitter.
189.28 	No person~~, partnership, firm, or corporation~~ shall construct or install high pressure 
189.29 	piping, nor install high pressure piping in connection with the dealing in and selling 
189.30 	of high pressure pipe material and supplies, unless, at all times, ~~a person~~ an individual
189.31 	possessing a contracting high pressure pipefitter individual competency license or a 
189.32 	journeyman high pressure pipefitter individual competency license is responsible for
189.33 	ensuring that the high pressure pipefitting work ~~conducted by the person, partnership, firm,~~ 
189.34 	~~or corporation being~~ is in conformity with Minnesota Statutes and Minnesota Rules.
190.1 	The department ~~of Labor and Industry~~ shall prescribe rules, not inconsistent 
190.2 	herewith, for the examination and individual competency licensing of contracting high 
190.3 	pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits 
190.4 	by the department and municipalities for the installation of high pressure piping.
190.5 	An employee performing the duties of inspector for the department ~~of Labor and~~ 
190.6 	~~Industry~~ in regulating pipefitting shall not receive time credit for the inspection duties 
190.7 	when making an application for a license required by this section.
190.8 		Subd. 2.High pressure pipefitting business license. Before obtaining a permit 
190.9 	for high pressure piping work, a person~~, partnership, firm, or corporation~~ must obtain or 
190.10 	utilize a business with a high pressure piping business license.
190.11 	A person~~, partnership, firm, or corporation~~ must have at all times as a full-time 
190.12 	employee at least one individual holding an individual contracting high pressure pipefitter 
190.13 	competency license. Only full-time employees who hold individual contracting high 
190.14 	pressure pipefitter licenses are authorized to obtain high pressure piping permits in the 
190.15 	name of the business. The individual contracting high pressure pipefitter competency 
190.16 	license holder can be the employee of only one high pressure piping business at a time.
190.17 	To retain its business license without reapplication, a person~~, partnership, firm,~~ 
190.18 	~~or corporation~~ holding a high pressure piping business license that ceases to employ ~~a~~ 
190.19 	~~person~~ an individual holding an individual contracting high pressure pipefitter competency 
190.20 	license shall have 60 days from the last day of employment of its previous individual 
190.21 	contracting pipefitter competency license holder to employ another license holder. The 
190.22 	department ~~of Labor and Industry~~ must be notified no later than five days after the last day 
190.23 	of employment of the previous license holder.
190.24 	No high pressure pipefitting work may be performed during any period when the 
190.25 	high pressure pipefitting business does not have an individual contracting high pressure 
190.26 	pipefitter competency license holder on staff. If a license holder is not employed within 
190.27 	60 days after the last day of employment of the previous license holder, the pipefitting 
190.28 	business license shall lapse.
190.29 	The department ~~of Labor and Industry~~ shall prescribe by rule procedures for 
190.30 	application for and issuance of business licenses and fees.
190.31 		Subd. 2a.Registration requirement. All pipefitter trainees must be registered 
190.32 	under subdivision 2b. No individual may be a registered pipefitter trainee for more than 
190.33 	four years unless the individual has a pending application to be licensed as a journeyman 
190.34 	pipefitter. No high pressure piping business shall employ a pipefitter trainee to help and 
190.35 	assist in the construction and installation of high pressure piping unless the pipefitter 
190.36 	trainee is registered.
191.1 	A registered pipefitter trainee is authorized to assist in the practical construction and 
191.2 	installation of high pressure piping and appurtenances only while under direct supervision 
191.3 	of a licensed individual contacting pipefitter. The licensed individual contracting pipefitter 
191.4 	is responsible for ensuring that all high pressure piping work performed by the registered 
191.5 	pipefitter trainee complies with Minnesota Statutes and Minnesota Rules.
191.6 		Subd. 2b.Registration with commissioner. A licensed high pressure piping 
191.7 	business may register a pipefitter trainee by completing and submitting to the 
191.8 	commissioner a registration from provided by the commissioner. The department may 
191.9 	prescribe rules, not inconsistent with this section, for the registration of pipefitter trainees. 
191.10 	A high pressure piping business applying for initial registration of a pipefitter trainee 
191.11 	shall pay the department an application fee of $50. Applications for initial registration 
191.12 	may be submitted at any time. Registration must be renewed annually and shall be for 
191.13 	one calendar year beginning on January 1. Applications for renewal registration must be 
191.14 	submitted to the commissioner before December 31 of each registration period on forms 
191.15 	provided by the commissioner, and must be accompanied by a fee of $50. There shall 
191.16 	be no refund of fees paid.
191.17 		Subd. 3.Bond. ~~The~~ As a condition of licensing, each applicant for a high pressure 
191.18 	piping business license or renewal shall give bond to the state in the total ~~penal~~ sum of 
191.19 	$15,000 conditioned upon the faithful and lawful performance of all work ~~entered upon~~
191.20 	contracted for or performed within the state. The bond shall run to and be for the benefit of 
191.21 	persons injured or suffering financial loss by reason of failure of payment or performance. 
191.22 	Claims and actions on the bond may be brought according to sections  574.26 to  574.38. 
191.23 	The term of the bond must be concurrent with the term of the high pressure 
191.24 	pipefitting business license and run without interruption from the date of the issuance of 
191.25 	the license to the end of the calendar year. All high pressure pipefitting business licenses 
191.26 	must be annually renewed on a calendar year basis.
191.27 	The bond must be filed with the department ~~of Labor and Industry~~ and shall be 
191.28 	in lieu of any other business license bonds required by any political subdivision for 
191.29 	high pressure pipefitting. The bond must be written by a corporate surety licensed to 
191.30 	do business in the state.
191.31 		Subd. 4.Insurance. In addition to the bond described in subdivision 3, each 
191.32 	applicant for a high pressure pipefitting business license or renewal shall have in force 
191.33 	public liability insurance, including products liability insurance, with limits of at least 
191.34 	$100,000 per person and $300,000 per occurrence and property damage insurance with 
191.35 	limits of at least $50,000.
192.1 	The insurance must be kept in force for the entire term of the high pressure 
192.2 	pipefitting business license, and the license shall be suspended by the department if at any 
192.3 	time the insurance is not in force.
192.4 	The insurance must be written by an insurer licensed to do business in the state and 
192.5 	shall be in lieu of any other insurance required by any subdivision of government for 
192.6 	high pressure pipefitting. Each person~~, partnership, firm, or corporation~~ holding a high 
192.7 	pressure pipefitting business license shall maintain on file with the department a certificate 
192.8 	evidencing the insurance. Any purported cancellation of insurance shall not be effective 
192.9 	without the insurer first giving 30 days' written notice to the department.
192.10 		Subd. 5.License fee. The ~~state~~ department ~~of Labor and Industry may~~ shall charge 
192.11 	~~each applicant for a high pressure pipefitting business license or for a renewal of a high~~ 
192.12 	~~pressure pipefitting business license and an additional fee commensurate with the cost of~~ 
192.13 	~~administering the bond and insurance requirements of subdivisions 3 and 4.~~ the following 
192.14 	license fees:
192.15 	(a) application for journeyman high pressure piping pipefitter competency license, 
192.16 	$100;
192.17 	(b) renewal of journeyman high pressure piping pipefitter competency license, $60;
192.18 	(c) application for contracting high pressure piping pipefitter competency license, 
192.19 	$250;
192.20 	(d) renewal of contracting high pressure piping pipefitter competency license, $220;
192.21 	(e) application for high pressure piping business license, $350;
192.22 	(f) application to inactivate a contracting high pressure piping pipefitter competency 
192.23 	license or inactivate a journeyman high pressure piping pipefitter competency license, 
192.24 	$30; and
192.25 	(g) renewal of an inactive contracting high pressure piping pipefitter competency 
192.26 	license or inactive journeyman high pressure piping pipefitter competency license, $30.
192.27 	If an application for renewal of an active or inactive journeyman high pressure 
192.28 	piping pipefitter competency license or active or inactive contracting high pressure piping 
192.29 	competency license is received by the department after the date of expiration of the 
192.30 	license, a $30 late renewal fee shall be added to the license renewal fee.
192.31 	Payment must accompany the application for a license or renewal of a license. There 
192.32 	shall be no refund of fees paid.

192.33 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
192.34 	subdivisions 2a, 2b, and 5 are effective July 1, 2007.

193.1 	Sec. 8. Minnesota Statutes 2006, section 326.50, is amended to read:
193.2 	326.50 LICENSE APPLICATION~~; FEES~~ AND RENEWAL.
193.3 	Application for an individual contracting high pressure pipefitter competency or an 
193.4 	individual journeyman high pressure pipefitter competency license shall be made to the 
193.5 	department ~~of Labor and Industry~~, with fees. The applicant shall be licensed only after 
193.6 	passing an examination developed and administered by the department ~~of Labor and~~ 
193.7 	~~Industry~~. A competency license issued by the department shall expire on December 31 
193.8 	of each year. A renewal application must be received by the department within one year 
193.9 	after expiration of the competency license. A license that has been expired for more 
193.10 	than one year cannot be renewed, and can only be reissued if the applicant submits a 
193.11 	new application for the competency license, pays a new application fee, and retakes and 
193.12 	passes the applicable license examination.

193.13 	Sec. 9. REVISOR'S INSTRUCTION.
 193.14 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
193.15 	column A with the number listed in column B. The revisor shall also make necessary 
193.16 	cross-reference changes consistent with the renumbering.

193.17 | Column A | Column B
193.18 | 326.46 | 326B.90
193.19 | 326.461 | 326B.91
193.20 | 326.47 | 326B.92
193.21 | 326.48 | 326B.93
193.22 | 326.50 | 326B.94

193.23 	ARTICLE 12
193.24 	CONFORMING CHANGES

193.25 	Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
193.26 	31.175 WATER, PLUMBING, AND SEWAGE.
193.27 	A person who is required by statutes administered by the Department of Agriculture, 
193.28 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, or 
193.29 	plumbing or sewage disposal system, may not engage in the business of manufacturing, 
193.30 	processing, selling, handling, or storing food at wholesale or retail unless the person's 
193.31 	water supply is satisfactory under plumbing codes adopted by the Department of ~~Health~~
193.32 	Labor and Industry and the person's sewage disposal system satisfies the rules of the 
193.33 	Pollution Control Agency.

194.1 	Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
194.2 		Subd. 3.Construction requirements. (a) Withdrawal and reinjection for the 
194.3 	groundwater thermal exchange device must be accomplished by a closed system in which 
194.4 	the waters drawn for thermal exchange do not have contact or commingle with water 
194.5 	from other sources or with polluting material or substances. The closed system must be 
194.6 	constructed to allow an opening for inspection by the commissioner.
194.7 	(b) Wells that are part of a groundwater thermal exchange system may not serve 
194.8 	another function, except water may be supplied to the domestic water system if:
194.9 	(1) the supply is taken from the thermal exchange system ahead of the heat exchange 
194.10 	unit; and
194.11 	(2) the domestic water system is protected by an airgap or backflow prevention 
194.12 	device as described in rules relating to plumbing enforced by the commissioner of labor 
194.13 	and industry.
194.14 	(c) A groundwater thermal exchange system may be used for domestic water heating 
194.15 	only if the water heating device is an integral part of the heat exchange unit that is used for 
194.16 	space heating and cooling.

194.17 	Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
194.18 	144.122 LICENSE, PERMIT, AND SURVEY FEES.
194.19 	(a) The state commissioner of health, by rule, may prescribe procedures and fees 
194.20 	for filing with the commissioner as prescribed by statute and for the issuance of original 
194.21 	and renewal permits, licenses, registrations, and certifications issued under authority of 
194.22 	the commissioner. The expiration dates of the various licenses, permits, registrations, 
194.23 	and certifications as prescribed by the rules shall be plainly marked thereon. Fees may 
194.24 	include application and examination fees and a penalty fee for renewal applications 
194.25 	submitted after the expiration date of the previously issued permit, license, registration, 
194.26 	and certification. The commissioner may also prescribe, by rule, reduced fees for permits, 
194.27 	licenses, registrations, and certifications when the application therefor is submitted 
194.28 	during the last three months of the permit, license, registration, or certification period. 
194.29 	Fees proposed to be prescribed in the rules shall be first approved by the Department of 
194.30 	Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be 
194.31 	in an amount so that the total fees collected by the commissioner will, where practical, 
194.32 	approximate the cost to the commissioner in administering the program. All fees collected 
194.33 	shall be deposited in the state treasury and credited to the state government special revenue 
194.34 	fund unless otherwise specifically appropriated by law for specific purposes.
195.1 	(b) The commissioner may charge a fee for voluntary certification of medical 
195.2 	laboratories and environmental laboratories, and for environmental and medical laboratory 
195.3 	services provided by the department, without complying with paragraph (a) or chapter 14. 
195.4 	Fees charged for environment and medical laboratory services provided by the department 
195.5 	must be approximately equal to the costs of providing the services.
195.6 	(c) The commissioner may develop a schedule of fees for diagnostic evaluations 
195.7 	conducted at clinics held by the services for children with disabilities program. All 
195.8 	receipts generated by the program are annually appropriated to the commissioner for use 
195.9 	in the maternal and child health program.
195.10 	(d) The commissioner shall set license fees for hospitals and nursing homes that are 
195.11 	not boarding care homes at the following levels:

195.12
195.13
195.14

195.15

Joint Commission on Accreditation of 
Healthcare Organizations (JCAHO) and 
American Osteopathic Association (AOA) 
hospitals

$7,555 plus $13 per bed

195.16 | Non-JCAHO and non-AOA hospitals | $5,180 plus $247 per bed
195.17 | Nursing home | $183 plus $91 per bed
195.18 	The commissioner shall set license fees for outpatient surgical centers, boarding care 
195.19 	homes, and supervised living facilities at the following levels:

195.20 | Outpatient surgical centers | $3,349
195.21 | Boarding care homes | $183 plus $91 per bed
195.22 | Supervised living facilities | $183 plus $91 per bed.
195.23 	(e) Unless prohibited by federal law, the commissioner of health shall charge 
195.24 	applicants the following fees to cover the cost of any initial certification surveys required 
195.25 	to determine a provider's eligibility to participate in the Medicare or Medicaid program:

195.26 | Prospective payment surveys for hospitals | $900
195.27 | Swing bed surveys for nursing homes | $1,200
195.28 | Psychiatric hospitals | $1,400
195.29 | Rural health facilities | $1,100
195.30 | Portable x-ray providers | $500
195.31 | Home health agencies | $1,800
195.32 | Outpatient therapy agencies | $800
195.33 | End stage renal dialysis providers | $2,100
195.34 | Independent therapists | $800
195.35

195.36

Comprehensive rehabilitation outpatient 
facilities

$1,200

195.37 | Hospice providers | $1,700
195.38 | Ambulatory surgical providers | $1,800
196.1 | Hospitals | $4,200
196.2
196.3
196.4

196.5

Other provider categories or additional 
resurveys required to complete initial 
certification

Actual surveyor costs: 
average surveyor cost x 
number of hours for the 
survey process.

196.6 	These fees shall be submitted at the time of the application for federal certification 
196.7 	and shall not be refunded. All fees collected after the date that the imposition of fees is not 
196.8 	prohibited by federal law shall be deposited in the state treasury and credited to the state 
196.9 	government special revenue fund.
196.10 	~~(f) The commissioner shall charge the following fees for examinations, registrations,~~ 
196.11 	~~licenses, and inspections:~~

196.12 | ~~Plumbing examination~~ | | ~~$ 50~~
196.13 | ~~Water conditioning examination~~ | | ~~$ 50~~
196.14 | ~~Plumbing bond registration fee~~ | | ~~$ 40~~
196.15 | ~~Water conditioning bond registration fee~~ | | ~~$ 40~~
196.16 | ~~Master plumber's license~~ | | ~~$120~~
196.17 | ~~Journeyman plumber's license~~ | | ~~$ 55~~
196.18 | ~~Apprentice registration~~ | | ~~$ 25~~
196.19 | ~~Water conditioning contractor license~~ | | ~~$ 70~~
196.20 | ~~Water conditioning installer license~~ | | ~~$ 35~~
196.21 | ~~Residential inspection fee (each visit)~~ | | ~~$ 50~~
196.22

196.23

~~Public, commercial, and industrial~~ 
~~inspections~~

~~Inspection fee~~

196.24 | ~~25 or fewer drainage fixture units~~ | | ~~$ 300~~
196.25 | ~~26 to 50 drainage fixture units~~ | | ~~$ 900~~
196.26 | ~~51 to 150 drainage fixture units~~ | | ~~$1,200~~
196.27 | ~~151 to 249 drainage fixture units~~ | | ~~$1,500~~
196.28 | ~~250 or more drainage fixture units~~ | | ~~$1,800~~
196.29 | ~~Callback fee (each visit)~~ | | ~~$100~~

196.30 	EFFECTIVE DATE. This section is effective July 1, 2007.

196.31 	Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
196.32 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and 
196.33 	sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 
196.34 	(13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to 
196.35 	144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 
196.36 	~~326.37 to 326.45; 326.57~~ 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and 
196.37 	all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 
196.38 	registrations, certificates, and permits adopted or issued by the department or under any 
197.1 	other law now in force or later enacted for the preservation of public health may, in 
197.2 	addition to provisions in other statutes, be enforced under this section. 

197.3 	Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
197.4 		Subdivision 1.Established. The Department of Labor and Industry shall consist 
197.5 	of the following divisions: Division of Workers' Compensation, Division of ~~Boiler~~ 
197.6 	~~Inspection~~ Construction Codes and Licensing, Division of Occupational Safety and 
197.7 	Health, Division of Statistics, ~~Division of Steamfitting Standards,~~ Division of Labor 
197.8 	Standards and Apprenticeship, and such other divisions as the commissioner of the 
197.9 	Department of Labor and Industry may deem necessary and establish. Each division of 
197.10 	the department and persons in charge thereof shall be subject to the supervision of the 
197.11 	commissioner of the Department of Labor and Industry and, in addition to such duties 
197.12 	as are or may be imposed on them by statute, shall perform such other duties as may be 
197.13 	assigned to them by the commissioner. Notwithstanding any other law to the contrary, 
197.14 	the commissioner is the administrator and supervisor of all of the department's dispute 
197.15 	resolution functions and personnel and may delegate authority to compensation judges 
197.16 	and others to make determinations under sections  176.106,  176.238, and  176.239 and to 
197.17 	approve settlement of claims under section  176.521. 

197.18 	Sec. 6. Minnesota Statutes 2006, section 214.01, subdivision 3, is amended to read:
197.19 		Subd. 3.Non-health-related licensing board. "Non-health-related licensing 
197.20 	board" means the Board of Teaching established pursuant to section 122A.07, the Board 
197.21 	of Barber Examiners established pursuant to section 154.001, the Board of Assessors 
197.22 	established pursuant to section 270.41, the Board of Architecture, Engineering, Land 
197.23 	Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant 
197.24 	to section 326.04, ~~the Board of Electricity established pursuant to section 326.241,~~ the 
197.25 	Private Detective and Protective Agent Licensing Board established pursuant to section 
197.26 	326.33, the Board of Accountancy established pursuant to section 326A.02, and the Peace 
197.27 	Officer Standards and Training Board established pursuant to section 626.841. 

197.28 	Sec. 7. Minnesota Statutes 2006, section 214.04, subdivision 1, is amended to read:
197.29 		Subdivision 1.Services provided. (a) The ~~commissioner of administration with~~ 
197.30 	~~respect to the Board of Electricity; the~~ commissioner of education with respect to the 
197.31 	Board of Teaching; the commissioner of public safety with respect to the Board of Private 
197.32 	Detective and Protective Agent Services; the panel established pursuant to section 
197.33 	299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the 
198.1 	commissioner of revenue with respect to the Board of Assessors, shall provide suitable 
198.2 	offices and other space, joint conference and hearing facilities, examination rooms, and 
198.3 	the following administrative support services: purchasing service, accounting service, 
198.4 	advisory personnel services, consulting services relating to evaluation procedures and 
198.5 	techniques, data processing, duplicating, mailing services, automated printing of license 
198.6 	renewals, and such other similar services of a housekeeping nature as are generally 
198.7 	available to other agencies of state government. Investigative services shall be provided 
198.8 	the boards by employees of the Office of Attorney General. The commissioner of health 
198.9 	with respect to the health-related licensing boards shall provide mailing and office supply 
198.10 	services and may provide other facilities and services listed in this subdivision at a 
198.11 	central location upon request of the health-related licensing boards. The commissioner of 
198.12 	commerce with respect to the remaining non-health-related licensing boards shall provide 
198.13 	the above facilities and services at a central location for the remaining non-health-related 
198.14 	licensing boards. The legal and investigative services for the boards shall be provided 
198.15 	by employees of the attorney general assigned to the departments servicing the boards. 
198.16 	Notwithstanding the foregoing, the attorney general shall not be precluded by this section 
198.17 	from assigning other attorneys to service a board if necessary in order to insure competent 
198.18 	and consistent legal representation. Persons providing legal and investigative services 
198.19 	shall to the extent practicable provide the services on a regular basis to the same board 
198.20 	or boards.
198.21 	(b) The requirements in paragraph (a) with respect to the panel established in section 
198.22 	299A.465, subdivision 7, expire July 1, 2008.

198.23 	Sec. 8. Minnesota Statutes 2006, section 214.04, subdivision 3, is amended to read:
198.24 		Subd. 3.Officers; staff. The executive director of each health-related board and 
198.25 	the executive secretary of each non-health-related board shall be the chief administrative 
198.26 	officer for the board but shall not be a member of the board. The executive director or 
198.27 	executive secretary shall maintain the records of the board, account for all fees received 
198.28 	by it, supervise and direct employees servicing the board, and perform other services as 
198.29 	directed by the board. The executive directors, executive secretaries, and other employees 
198.30 	of the following boards shall be hired by the board, and the executive directors or executive 
198.31 	secretaries shall be in the unclassified civil service, except as provided in this subdivision:
198.32 	(1) Dentistry;
198.33 	(2) Medical Practice;
198.34 	(3) Nursing;
198.35 	(4) Pharmacy;
199.1 	(5) Accountancy;
199.2 	(6) Architecture, Engineering, Land Surveying, Landscape Architecture, 
199.3 	Geoscience, and Interior Design;
199.4 	(7) Barber Examiners;
199.5 	(8) Cosmetology;
199.6 	~~(9) Electricity;~~
199.7 	~~(10)~~(9) Teaching;
199.8 	~~(11)~~(10) Peace Officer Standards and Training;
199.9 	~~(12)~~(11) Social Work;
199.10 	~~(13)~~(12) Marriage and Family Therapy;
199.11 	~~(14)~~(13) Dietetics and Nutrition Practice; and
199.12 	~~(15)~~(14) Licensed Professional Counseling.
199.13 	The executive directors or executive secretaries serving the boards are hired by those 
199.14 	boards and are in the unclassified civil service, except for part-time executive directors 
199.15 	or executive secretaries, who are not required to be in the unclassified service. Boards 
199.16 	not requiring full-time executive directors or executive secretaries may employ them on 
199.17 	a part-time basis. To the extent practicable, the sharing of part-time executive directors 
199.18 	or executive secretaries by boards being serviced by the same department is encouraged. 
199.19 	Persons providing services to those boards not listed in this subdivision, except executive 
199.20 	directors or executive secretaries of the boards and employees of the attorney general, are 
199.21 	classified civil service employees of the department servicing the board. To the extent 
199.22 	practicable, the commissioner shall ensure that staff services are shared by the boards 
199.23 	being serviced by the department. If necessary, a board may hire part-time, temporary 
199.24 	employees to administer and grade examinations.

199.25 	Sec. 9. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
199.26 		Subdivision 1.Generally. (a) In addition to any other fees, each applicant for a 
199.27 	license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. 
199.28 	The contractor's recovery fund is created in the state treasury and must be administered 
199.29 	by the commissioner in the manner and subject to all the requirements and limitations 
199.30 	provided by section 82.43~~with the following exceptions:~~.
199.31 	~~(1) each licensee who renews a license shall pay in addition to the appropriate~~ 
199.32 	~~renewal fee an additional fee which shall be credited to the contractor's recovery fund. The~~ 
199.33 	~~amount of the fee shall be based on the licensee's gross annual receipts for the licensee's~~ 
199.34 	~~most recent fiscal year preceding the renewal, on the following scale:~~

200.1 | | ~~Fee~~ | ~~Gross Receipts~~
200.2 | | ~~$100~~ | ~~under $1,000,000~~
200.3 | | ~~$150~~ | ~~$1,000,000 to $5,000,000~~
200.4 | | ~~$200~~ | ~~over $5,000,000~~
200.5 	~~Any person who receives a new license shall pay a fee based on the same scale;~~
200.6 	~~(2)~~ (1) The purpose of this fund is:
200.7 	(i) to compensate any aggrieved owner or lessee of residential property located 
200.8 	within this state who obtains a final judgment in any court of competent jurisdiction 
200.9 	against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or 
200.10 	dishonest practices, conversion of funds, or failure of performance arising directly out 
200.11 	of any transaction when the judgment debtor was licensed and performed any of the 
200.12 	activities enumerated under section 326.83, subdivision 19, on the owner's residential 
200.13 	property or on residential property rented by the lessee, or on new residential construction 
200.14 	which was never occupied prior to purchase by the owner, or which was occupied by the 
200.15 	licensee for less than one year prior to purchase by the owner, and which cause of action 
200.16 	arose on or after April 1, 1994; and
200.17 	(ii) to reimburse the Department of Commerce for all legal and administrative 
200.18 	expenses, including staffing costs, incurred in administering the fund;
200.19 	~~(3)~~ (2) nothing may obligate the fund for more than $50,000 per claimant, nor more 
200.20 	than $75,000 per licensee; and
200.21 	~~(4)~~ (3) nothing may obligate the fund for claims based on a cause of action that 
200.22 	arose before the licensee paid the recovery fund fee set in clause (1), or as provided in 
200.23 	section 326.945, subdivision 3.
200.24 	(b) Should the commissioner pay from the contractor's recovery fund any amount 
200.25 	in settlement of a claim or toward satisfaction of a judgment against a licensee, the 
200.26 	license shall be automatically suspended upon the effective date of an order by the court 
200.27 	authorizing payment from the fund. No licensee shall be granted reinstatement until the 
200.28 	licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount 
200.29 	paid from the fund on the licensee's account, and has obtained a surety bond issued by an 
200.30 	insurer authorized to transact business in this state in the amount of at least $40,000.

200.31 	EFFECTIVE DATE. This section is effective July 1, 2007.

200.32 	Sec. 10. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
200.33 		Subdivision 1.Rules. No domestic animals or house pets of occupants of 
200.34 	manufactured home parks or recreational camping areas shall be allowed to run at large, 
200.35 	or commit any nuisances within the limits of a manufactured home park or recreational 
201.1 	camping area. Each manufactured home park or recreational camping area licensed under 
201.2 	the provisions of sections  327.10,  327.11,  327.14 to  327.28 shall, among other things, 
201.3 	provide for the following, in the manner hereinafter specified: 
201.4 	(1) A responsible attendant or caretaker shall be in charge of every manufactured 
201.5 	home park or recreational camping area at all times, who shall maintain the park or 
201.6 	area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 
201.7 	manufactured home park containing more than 50 lots, the attendant, caretaker, or other 
201.8 	responsible park employee, shall be readily available at all times in case of emergency.
201.9 	(2) All manufactured home parks shall be well drained and be located so that the 
201.10 	drainage of the park area will not endanger any water supply. No wastewater from 
201.11 	manufactured homes or recreational camping vehicles shall be deposited on the surface of 
201.12 	the ground. All sewage and other water carried wastes shall be discharged into a municipal 
201.13 	sewage system whenever available. When a municipal sewage system is not available, a 
201.14 	sewage disposal system acceptable to the state commissioner of health shall be provided.
201.15 	(3) No manufactured home shall be located closer than three feet to the side lot lines 
201.16 	of a manufactured home park, if the abutting property is improved property, or closer than 
201.17 	ten feet to a public street or alley. Each individual site shall abut or face on a driveway 
201.18 	or clear unoccupied space of not less than 16 feet in width, which space shall have 
201.19 	unobstructed access to a public highway or alley. There shall be an open space of at least 
201.20 	ten feet between the sides of adjacent manufactured homes including their attachments 
201.21 	and at least three feet between manufactured homes when parked end to end. The space 
201.22 	between manufactured homes may be used for the parking of motor vehicles and other 
201.23 	property, if the vehicle or other property is parked at least ten feet from the nearest 
201.24 	adjacent manufactured home position. The requirements of this paragraph shall not apply 
201.25 	to recreational camping areas and variances may be granted by the state commissioner 
201.26 	of health in manufactured home parks when the variance is applied for in writing and in 
201.27 	the opinion of the commissioner the variance will not endanger the health, safety, and 
201.28 	welfare of manufactured home park occupants.
201.29 	(4) An adequate supply of water of safe, sanitary quality shall be furnished at each 
201.30 	manufactured home park or recreational camping area. The source of the water supply 
201.31 	shall first be approved by the state Department of Health.
201.32 	(5) All plumbing shall be installed in accordance with the rules of the state 
201.33 	commissioner of ~~health~~labor and industry and the provisions of the Minnesota Plumbing 
201.34 	Code.
201.35 	(6) In the case of a manufactured home park with less than ten manufactured homes, 
201.36 	a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 
202.1 	the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 
202.2 	The shelter or evacuation plan shall be developed with the assistance and approval of 
202.3 	the municipality where the park is located and shall be posted at conspicuous locations 
202.4 	throughout the park. The park owner shall provide each resident with a copy of the 
202.5 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
202.6 	Nothing in this paragraph requires the Department of Health to review or approve any 
202.7 	shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 
202.8 	submitted by a park shall not be grounds for action against the park by the Department of 
202.9 	Health if the park has made a good faith effort to develop the plan and obtain municipal 
202.10 	approval. 
202.11 	(7) A manufactured home park with ten or more manufactured homes, licensed prior 
202.12 	to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 
202.13 	evacuation of park residents to a safe place of shelter within a reasonable distance of the 
202.14 	park for use by park residents in times of severe weather, including tornadoes and high 
202.15 	winds. The shelter or evacuation plan must be approved by the municipality by March 1, 
202.16 	1989. The municipality may require the park owner to construct a shelter if it determines 
202.17 	that a safe place of shelter is not available within a reasonable distance from the park. A 
202.18 	copy of the municipal approval and the plan shall be submitted by the park owner to the 
202.19 	Department of Health. The park owner shall provide each resident with a copy of the 
202.20 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
202.21 	(8) A manufactured home park with ten or more manufactured homes, receiving 
202.22 	a primary license after March 1, 1988, must provide the type of shelter required by 
202.23 	section  327.205, except that for manufactured home parks established as temporary, 
202.24 	emergency housing in a disaster area declared by the President of the United States or 
202.25 	the governor, an approved evacuation plan may be provided in lieu of a shelter for a 
202.26 	period not exceeding 18 months. 
202.27 	(9) For the purposes of this subdivision, "park owner" and "resident" have the 
202.28 	meaning given them in section  327C.01. 

202.29 	Sec. 11. Minnesota Statutes 2006, section 327.205, is amended to read:
202.30 	327.205 SHELTER CONSTRUCTION STANDARDS.
202.31 	The commissioner of ~~administration~~ labor and industry shall adopt, by rule, 
202.32 	minimum standards for the construction of low cost manufactured home park storm 
202.33 	shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be 
202.34 	constructed in accordance with these standards.

203.1 	Sec. 12. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
203.2 		Subd. 2.Building standards. "Building standards" means the materials and 
203.3 	installation standards of the State Building Code, adopted by the commissioner of 
203.4 	~~administration~~labor and industry pursuant to sections  16B.59 to  16B.75, in effect at 
203.5 	the time of the construction or remodeling. 

203.6 	Sec. 13. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
203.7 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
203.8 	(a) "Accessible unit" means an accessible rental housing unit that meets the 
203.9 	~~disability facility~~  persons with disabilities requirements of the State Building Code~~,~~ 
203.10 	~~Minnesota Rules, chapter 1340~~.
203.11 	(b) "Landlord" has the meaning given it in section 504B.001, subdivision 7. 

203.12 	Sec. 14. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
203.13 		Subd. 6a.Normal residential surroundings for ~~disabled~~ persons with 
203.14 	disabilities. It is the policy of this state that ~~disabled~~ persons ~~and children~~  with disabilities 
203.15 	should not be excluded by municipal zoning ordinances or other land use regulations from 
203.16 	the benefits of normal residential surroundings. For purposes of subdivisions 6a through 
203.17 	9, "person" has the meaning given in section 245A.02, subdivision 11. 

203.18 	Sec. 15. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
203.19 		Subd. 8.State Building Code. It may assist the commissioner of ~~administration~~
203.20 	labor and industry in the development, implementation and revision of ~~a uniform~~ the
203.21 	State Building Code.

203.22 	Sec. 16. Minnesota Statutes 2006, section 471.465, is amended to read:
203.23 	471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS; 
203.24 	DEFINITIONS.
203.25 		Subdivision 1.Scope. For the purposes of sections 471.465 to 471.469, the terms 
203.26 	defined in this section have the meanings given them. 
203.27 		Subd. 2.Buildings and facilities. "Buildings and facilities" means any and all 
203.28 	buildings and facilities and the grounds appurtenant thereto within any city, township or 
203.29 	other governmental subdivision of the state other than all farm dwellings and buildings 
203.30 	and single and two family dwellings. However, on the date on which rules promulgated by 
203.31 	the commissioner of ~~administration~~labor and industry regarding building requirements for 
203.32 	~~disabled~~ persons with disabilities shall become effective, "buildings and facilities" shall 
204.1 	mean only those structures which must provide facilities for ~~the disabled~~  persons with 
204.2 	disabilities pursuant to said rules.
204.3 		Subd. 3.~~Physically disabled~~ Persons with disabilities. "~~Physically disabled~~
204.4 	Persons with disabilities" means and includes people having sight disabilities, hearing 
204.5 	disabilities, disabilities of incoordination, disabilities of aging, and any other disability 
204.6 	that significantly reduces mobility, flexibility, coordination, or perceptiveness.
204.7 		Subd. 4.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
204.8 	building or facility in whole or in part in order to bring it up to date to conform with 
204.9 	present uses of the structure and to conform with rules and regulations on the upgrading 
204.10 	of health and safety aspects of structures.
204.11 		Subd. 5.Local authority. "Local authority" means the local authority having 
204.12 	jurisdiction over local building construction.

204.13 	Sec. 17. Minnesota Statutes 2006, section 471.466, is amended to read:
204.14 	471.466 ADMINISTRATION AND ENFORCEMENT.
204.15 	The duty and power to administer and enforce sections  471.465 to  471.469 is 
204.16 	conferred upon and vested in the commissioner of ~~administration~~ labor and industry and 
204.17 	the local authority. 

204.18 	Sec. 18. Minnesota Statutes 2006, section 471.467, is amended to read:
204.19 	471.467 BUILDING REQUIREMENTS; CONFORMITY.
204.20 		Subdivision 1.Date applicable. On the date on which rules promulgated by the 
204.21 	commissioner of ~~administration~~ labor and industry  regarding building requirements for 
204.22 	~~disabled~~ persons with disabilities shall become effective, said rules shall exclusively 
204.23 	govern the provision of facilities.
204.24 		Subd. 2.No remodeling if solely for ~~disabled~~ persons with disabilities. Nothing 
204.25 	in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings 
204.26 	solely to provide accessibility and usability to ~~the physically disabled~~  persons with 
204.27 	disabilities when remodeling would not otherwise be undertaken. 
204.28 		Subd. 3.Applies to remodeled part. When any building or facility covered 
204.29 	by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that 
204.30 	portion of the building or facility remodeled shall conform to the requirements of sections 
204.31 	471.465 to 471.469. 

205.1 	Sec. 19. Minnesota Statutes 2006, section 471.471, is amended to read:
205.2 	471.471 ACCESS REVIEW BOARD.
205.3 		Subdivision 1.Membership. The Access Review Board consists of:
205.4 	(1) a representative of the ~~Building Code and Standards Division of the~~ Department 
205.5 	of ~~Administration~~ Labor and Industry, appointed by the commissioner of ~~administration~~
205.6 	labor and industry;
205.7 	(2) a representative of the state fire marshal's office, appointed by the commissioner 
205.8 	of public safety;
205.9 	(3) the commissioner of human rights or the commissioner's designee;
205.10 	(4) a representative of the elevator safety section, designated by the commissioner 
205.11 	of labor and industry ~~or the commissioner's designee~~; and
205.12 	(5) the chair of the Council on Disability or the chair's designee.
205.13 	The board shall elect a chair from among its members. Terms of members coincide with 
205.14 	the terms of their appointing authorities or, in the case of ex officio members or their 
205.15 	designees, with the terms of the offices by virtue of which they are members of the board. 
205.16 	Compensation of members is governed by section  15.0575, subdivision 3. 
205.17 		Subd. 2.Staff; administrative support. The commissioner of ~~administration~~ labor 
205.18 	and industry shall furnish staff, office space, and administrative support to the board. Staff 
205.19 	assigned to the board must be knowledgeable with respect to access codes, site surveys, 
205.20 	plan design, and product use and eligibility.
205.21 		Subd. 3.Duties. The board shall consider applications for waivers from the 
205.22 	State Building Code to permit the installation of stairway chair lifts to provide limited 
205.23 	accessibility for ~~the physically disabled~~ persons with disabilities to buildings in which 
205.24 	the provision of access by means permitted under the State Building Code is not 
205.25 	architecturally or financially possible. In considering applications, the board shall review 
205.26 	other possible access options. The board may approve an application for installation of a 
205.27 	stairway chair when the board determines that the installation would be appropriate and 
205.28 	no other means of access is possible. In determining whether to approve an application, 
205.29 	the board shall consider:
205.30 	(1) the need for limited accessibility when a higher degree of accessibility is not 
205.31 	required by state or federal law or rule;
205.32 	(2) the architectural feasibility of providing a greater degree of accessibility than 
205.33 	would be provided by the proposed device or equipment;
205.34 	(3) the total cost of the proposed device or equipment over its projected usable life, 
205.35 	including installation, maintenance, and replacement costs;
205.36 	(4) the reliability of the proposed device or equipment;
206.1 	(5) the applicant's ability to comply with all recognized access and safety standards 
206.2 	for installation and maintenance; and
206.3 	(6) whether the proposed device or equipment can be operated and used without 
206.4 	reducing or compromising minimum safety standards.
206.5 	The board shall consider the applicant's demonstrated inability to afford a greater degree 
206.6 	of accessibility, but may not give greater weight to this factor than to the factors listed 
206.7 	in clauses (1) to (6). The board may not approve an application unless the applicant 
206.8 	guarantees that the device or equipment will be installed and operated in accordance with 
206.9 	nationally recognized standards for such devices or equipment and agrees to obtain any 
206.10 	permits needed from the agency responsible for enforcing those standards.
206.11 		Subd. 4.Application process. A person seeking a waiver shall apply to the 
206.12 	~~Building Code and Standards Division of the~~ Department of ~~Administration~~ Labor and 
206.13 	Industry on a form prescribed by the board and pay a $70 fee to the construction code 
206.14 	fund. The division shall review the application to determine whether it appears to be 
206.15 	meritorious, using the standards set out in subdivision 3. The division shall forward 
206.16 	applications it considers meritorious to the board, along with a list and summary of 
206.17 	applications considered not to be meritorious. The board may require the division to 
206.18 	forward to it an application the division has considered not to be meritorious. The board 
206.19 	shall issue a decision on an application within 90 days of its receipt. A board decision 
206.20 	to approve an application must be unanimous. An application that contains false or 
206.21 	misleading information must be rejected.
206.22 		Subd. 5.Liability. Board members are immune from liability for personal injury or 
206.23 	death resulting from the use or misuse of a device or equipment installed and operated 
206.24 	under a waiver granted by the board.

206.25 	EFFECTIVE DATE. This section is effective July 1, 2007.

206.26 	ARTICLE 13
206.27 	REPEALER; EFFECTIVE DATE

206.28 	Section 1.  REPEALER.
 206.29 	(a) Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 
206.30 	183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44, 
206.31 	subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 
206.32 	6; 326.01, subdivisions 6h, 10, 11, and 12; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 
206.33 	9g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 
206.34 	4; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12, 
207.1 	and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and 
207.2 	327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
207.3 	(b) Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision 
207.4 	9; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are repealed.
207.5 	(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 
207.6 	3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 
207.7 	4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and 
207.8 	9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts 
207.9 	1, 3, and 4, are repealed.

207.10 	EFFECTIVE DATE. Paragraphs (a) and (c) are effective December 1, 2007. 
207.11 	Paragraph (b) is effective July 1, 2007.

207.12 	Sec. 2. EFFECTIVE DATE.
 207.13 	This act is effective December 1, 2007, except when another date is specified. The 
207.14 	revisor's instructions contained in this act shall be implemented for the 2008 edition of 
207.15 	Minnesota Statutes.