Bill Text: MN HF1265 | 2011-2012 | 87th Legislature | Introduced


Bill Title: State government funding provided; fees and licensing, registration, and continuing education provisions modified, rulemaking required, and money appropriated.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-03-22 - Introduction and first reading, referred to Rules and Legislative Administration [HF1265 Detail]

Download: Minnesota-2011-HF1265-Introduced.html

1.1A bill for an act
1.2relating to state government; appropriating money; modifying fees and licensing,
1.3registration, and continuing education provisions; requiring rulemaking;
1.4amending Minnesota Statutes 2010, sections 116J.035, by adding a subdivision;
1.5116L.3625; 116L.62; 326B.04, subdivision 2; 326B.091; 326B.098; 326B.148,
1.6subdivision 1; 326B.42, subdivisions 8, 9, 10, by adding subdivisions; 326B.435,
1.7subdivision 2; 326B.438; 326B.46, subdivisions 1a, 1b, 2, 3; 326B.47,
1.8subdivisions 1, 3; 326B.49, subdivision 1; 326B.56, subdivision 1; 326B.58;
1.9326B.82, subdivisions 2, 3, 7, 9; 326B.821, subdivisions 1, 5, 5a, 6, 7, 8, 9, 10,
1.1011, 12, 15, 16, 18, 19, 20, 22, 23; 326B.865; 341.321; Laws 2009, chapter 78,
1.11article 1, section 18; proposing coding for new law in Minnesota Statutes, chapter
1.12326B; repealing Minnesota Statutes 2010, sections 326B.82, subdivisions 4,
1.136; 326B.821, subdivision 3.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15ARTICLE 1
1.16APPROPRIATIONS

1.17
Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
1.18    The amounts shown in this section summarize direct appropriations, by fund, made
1.19in this article.
1.20
2012
2013
Total
1.21
General
$
129,809,000
$
123,393,000
$
253,202,000
1.22
Workforce Development
17,451,000
17,451,000
34,902,000
1.23
Remediation
700,000
700,000
1,400,000
1.24
Workers' Compensation
22,574,000
22,574,000
45,148,000
1.25
Total
$
170,534,000
$
164,118,000
$
334,652,000

1.26
Sec. 2. JOBS AND ECONOMIC DEVELOPMENT.
2.1    The sums shown in the columns marked "Appropriations" are appropriated to the
2.2agencies and for the purposes specified in this article. The appropriations are from the
2.3general fund, or another named fund, and are available for the fiscal years indicated
2.4for each purpose. The figures "2012" and "2013" used in this article mean that the
2.5appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.6June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.7year 2013. "The biennium" is fiscal years 2012 and 2013.
2.8
APPROPRIATIONS
2.9
Available for the Year
2.10
Ending June 30
2.11
2012
2013

2.12
2.13
Sec. 3. DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
2.14
Subdivision 1.Total Appropriation
$
61,277,000
$
56,277,000
2.15
Appropriations by Fund
2.16
2012
2013
2.17
General
44,155,000
39,155,000
2.18
Remediation
700,000
700,000
2.19
2.20
Workforce
Development
16,422,000
16,422,000
2.21The amounts that may be spent for each
2.22purpose are specified in the following
2.23subdivisions.
2.24
2.25
Subd. 2.Business and Community
Development
13,225,000
8,225,000
2.26
Appropriations by Fund
2.27
General
12,186,000
7,186,000
2.28
Remediation
700,000
700,000
2.29
2.30
Workforce
Development
339,000
339,000
2.31(a) $700,000 the first year and $700,000 the
2.32second year are from the remediation fund for
2.33contaminated site cleanup and development
2.34grants under Minnesota Statutes, section
2.35116J.554. This appropriation is available
2.36until expended.
3.1(b) $150,000 each year is from the general
3.2fund for a grant to WomenVenture for
3.3women's business development programs
3.4and for programs that encourage and assist
3.5women to enter nontraditional careers in the
3.6trades; manual and technical occupations;
3.7science, technology, engineering, and
3.8mathematics-related occupations; and green
3.9jobs. This appropriation may be matched
3.10dollar for dollar with any resources available
3.11from the federal government for these
3.12purposes with priority given to initiatives
3.13that have a goal of increasing by at least ten
3.14percent the number of women in occupations
3.15where women currently comprise less than
3.1625 percent of the workforce.
3.17(c) $79,000 each year is from the general
3.18fund and $50,000 each year is from the
3.19workforce development fund for a grant to
3.20the Metropolitan Economic Development
3.21Association for continuing minority business
3.22development programs in the metropolitan
3.23area. This appropriation must be used for the
3.24sole purpose of providing free or reduced
3.25fee business consulting services to minority
3.26entrepreneurs and contractors.
3.27(d)(1) $356,000 each year is from the
3.28general fund for a grant to BioBusiness
3.29Alliance of Minnesota for bioscience
3.30business development programs to promote
3.31and position the state as a global leader in
3.32bioscience business activities. These funds
3.33may be used to create, recruit, retain, and
3.34expand biobusiness activity in Minnesota;
3.35implement the destination 2025 statewide
3.36plan; update a statewide assessment of the
4.1bioscience industry and the competitive
4.2position of Minnesota-based bioscience
4.3businesses relative to other states and other
4.4nations; and develop and implement business
4.5and scenario-planning models to create,
4.6recruit, retain, and expand biobusiness
4.7activity in Minnesota.
4.8(2) The BioBusiness Alliance must report
4.9each year by February 15 to the committees
4.10of the house of representatives and the senate
4.11having jurisdiction over bioscience industry
4.12activity in Minnesota on the use of funds;
4.13the number of bioscience businesses and
4.14jobs created, recruited, retained, or expanded
4.15in the state since the last reporting period;
4.16the competitive position of the biobusiness
4.17industry; and utilization rates and results of
4.18the business and scenario-planning models
4.19and outcomes resulting from utilization of
4.20the business and scenario-planning models.
4.21(e) $37,000 each year is from the general
4.22fund for a grant to the Minnesota Inventors
4.23Congress, of which at least $6,500 must be
4.24used for youth inventors.
4.25(f)(1) $100,000 each year is from the
4.26workforce development fund for a grant
4.27under Minnesota Statutes, section 116J.421,
4.28to the Rural Policy and Development
4.29Center at St. Peter, Minnesota. The grant
4.30shall be used for research and policy
4.31analysis on emerging economic and social
4.32issues in rural Minnesota, to serve as a
4.33policy resource center for rural Minnesota
4.34communities, to encourage collaboration
4.35across higher education institutions, to
5.1provide interdisciplinary team approaches
5.2to research and problem-solving in rural
5.3communities, and to administer overall
5.4operations of the center.
5.5(2) The grant shall be provided upon the
5.6condition that each state-appropriated
5.7dollar be matched with a nonstate dollar.
5.8Acceptable matching funds are nonstate
5.9contributions that the center has received and
5.10have not been used to match previous state
5.11grants.
5.12(g)(1) $189,000 each year is appropriated
5.13from the workforce development fund for
5.14grants of $63,000 to eligible organizations
5.15each year to assist in the development of
5.16entrepreneurs and small businesses. Each
5.17state grant dollar must be matched with $1
5.18of nonstate funds.
5.19(2) Three grants must be awarded to
5.20continue or to develop a program. One
5.21grant must be awarded to the Riverbend
5.22Center for Entrepreneurial Facilitation
5.23in Blue Earth County, and two to other
5.24organizations serving Faribault and Martin
5.25Counties. Grant recipients must report to the
5.26commissioner by February 1 of each year
5.27that the organization receives a grant with the
5.28number of customers served; the number of
5.29businesses started, stabilized, or expanded;
5.30the number of jobs created and retained; and
5.31business success rates. The commissioner
5.32must report to the house of representatives
5.33and senate committees with jurisdiction
5.34over economic development finance on the
5.35effectiveness of these programs for assisting
6.1in the development of entrepreneurs and
6.2small businesses.
6.3(h) $3,000,000 the first year is for grants
6.4under Minnesota Statutes, section 116J.8731,
6.5for the Minnesota investment fund program.
6.6This is a onetime appropriation and is
6.7available until spent.
6.8(i) $2,000,000 the first year is for grants
6.9under Minnesota Statutes, section 116J.571,
6.10for the redevelopment grant program. This
6.11is a onetime appropriation and is available
6.12until spent.
6.13
Subd. 3.Workforce Development
47,033,000
47,033,000
6.14
Appropriations by Fund
6.15
General
30,950,000
30,950,000
6.16
6.17
Workforce
Development
16,083,000
16,083,000
6.18(a) $4,196,000 each year is from the general
6.19fund for the Minnesota job skills partnership
6.20program under Minnesota Statutes, sections
6.21116L.01 to 116L.17. If the appropriation for
6.22either year is insufficient, the appropriation
6.23for the other year is available. This
6.24appropriation is available until spent.
6.25(b) $10,800,000 each year is from the general
6.26fund for the state's vocational rehabilitation
6.27program under Minnesota Statutes, chapter
6.28268A.
6.29(c) $5,928,000 each year is from the general
6.30fund for the state services for the blind
6.31activities.
6.32(d) $2,261,000 each year is from the general
6.33fund for grants to centers for independent
6.34living under Minnesota Statutes, section
6.35268A.11.
7.1(e) $315,000 each year is from the general
7.2fund and $105,000 each year is from the
7.3workforce development fund for a grant
7.4under Minnesota Statutes, section 116J.8747,
7.5to Twin Cities RISE! to provide training to
7.6hard-to-train individuals.
7.7(f) $135,000 each year is from the general
7.8fund and $50,000 each year is from the
7.9workforce development fund for a grant
7.10to Northern Connections in Perham to
7.11implement and operate a workforce program
7.12that provides one-stop supportive services
7.13to individuals as they transition into the
7.14workforce.
7.15(g) $135,000 each year is from the general
7.16fund for a grant to Advocating Change
7.17Together for training, technical assistance,
7.18and resource materials for persons with
7.19developmental and mental illness disabilities.
7.20(h) $5,280,000 each year is from the general
7.21fund and $6,830,000 each year is from the
7.22workforce development fund for extended
7.23employment services for persons with severe
7.24disabilities or related conditions under
7.25Minnesota Statutes, section 268A.15. Of
7.26the general fund appropriation, $125,000
7.27each year is to supplement funds paid for
7.28wage incentives for the community support
7.29fund established in Minnesota Rules, part
7.303300.2045.
7.31(i) $1,555,000 each year is from the general
7.32fund for grants to programs that provide
7.33employment support services to persons with
7.34mental illness under Minnesota Statutes,
7.35sections 268A.13 and 268A.14. Grants
8.1may be used for special projects for young
8.2people with mental illness transitioning from
8.3school to work and people with serious
8.4mental illness receiving services through
8.5a mental health court or civil commitment
8.6court. Special projects must demonstrate
8.7interagency collaboration.
8.8(j) $130,000 each year is from the general
8.9fund and $175,000 each year is from the
8.10workforce development fund for a grant
8.11under Minnesota Statutes, section 268A.03,
8.12to Rise, Inc. for the Minnesota Employment
8.13Center for People Who are Deaf or Hard of
8.14Hearing.
8.15(k) $90,000 each year is from the general
8.16fund and $200,000 each year is from the
8.17workforce development fund for a grant to
8.18Lifetrack Resources for its immigrant and
8.19refugee collaborative program, including
8.20those related to job-seeking skills and
8.21workplace orientation, intensive job
8.22development, functional work English, and
8.23on-site job coaching. This appropriation may
8.24also be used in Rochester.
8.25(l) $3,500,000 each year is from the
8.26workforce development fund for the
8.27Minnesota youth program under Minnesota
8.28Statutes, sections 116L.56 and 116L.561.
8.29(m) $1,375,000 each year is from the
8.30workforce development fund for the
8.31Opportunities Industrialization Center
8.32programs under Minnesota Statutes, sections
8.33116L.60 to 116L.64.
8.34(n) $900,000 each year is from the workforce
8.35development fund for grants for the
9.1Minneapolis summer youth employment
9.2program. The grants shall be used to fund
9.3up to 500 jobs for youth each summer. The
9.4commissioner shall establish criteria for
9.5awarding the grant.
9.6(o) $300,000 each year is from the workforce
9.7development fund for a grant to the
9.8Minneapolis learn-to-earn summer youth
9.9employment program. The commissioner
9.10shall establish criteria for awarding the grant.
9.11(p) $750,000 each year is from the workforce
9.12development fund for a grant to the
9.13Minnesota Alliance of Boys and Girls
9.14Clubs to administer a statewide project
9.15of youth jobs skills development. This
9.16project, which may have career guidance
9.17components, including health and life skills,
9.18is to encourage, train, and assist youth in
9.19job-seeking skills, workplace orientation,
9.20and job-site knowledge through coaching.
9.21This grant requires a 25 percent match from
9.22nonstate resources.
9.23(q) $558,000 each year is from the workforce
9.24development fund for grants to fund summer
9.25youth employment in St. Paul. The grants
9.26shall be used to fund up to 500 jobs for
9.27youth each summer. The commissioner shall
9.28establish criteria for awarding the grants.
9.29(r) $1,000,000 each year is from the
9.30workforce development fund for the
9.31youthbuild program under Minnesota
9.32Statutes, sections 116L.361 to 116L.366.
9.33(s) $340,000 each year is from the workforce
9.34development fund for grants to provide
9.35interpreters for a regional transition program
10.1that specializes in providing culturally
10.2appropriate transition services leading to
10.3employment for deaf, hard-of-hearing, and
10.4deaf-blind students.
10.5(t) The first $3,300,000 deposited in each year
10.6of the biennium into the contingent account
10.7created under Minnesota Statutes, section
10.8268.199, shall be transferred before the
10.9closing of each fiscal year to the workforce
10.10development fund created under Minnesota
10.11Statutes, section 116L.20. Deposits in excess
10.12of $3,300,000 shall be transferred before the
10.13closing of each fiscal year to the general fund.
10.14
Subd. 4.State-Funded Administration
1,019,000
1,019,000

10.15
Sec. 4. PUBLIC FACILITIES AUTHORITY
$
86,000
$
86,000
10.16For the small community wastewater
10.17treatment program under Minnesota Statutes,
10.18chapter 446A.

10.19
10.20
Sec. 5. SCIENCE AND TECHNOLOGY
AUTHORITY
$
107,000
$
107,000

10.21
Sec. 6. EXPLORE MINNESOTA TOURISM
$
9,928,000
$
8,928,000
10.22(a) Of this amount, $12,000 each year is for a
10.23grant to the Upper Minnesota Film Office.
10.24(b)(1) To develop maximum private sector
10.25involvement in tourism, $500,000 the first
10.26year and $500,000 the second year must
10.27be matched by Explore Minnesota Tourism
10.28from nonstate sources. Each $1 of state
10.29incentive must be matched with $3 of private
10.30sector funding. Cash match is defined as
10.31revenue to the state or documented cash
10.32expenditures directly expended to support
10.33Explore Minnesota Tourism programs. Up
11.1to one-half of the private sector contribution
11.2may be in-kind or soft match. The incentive
11.3in the first year shall be based on fiscal
11.4year 2011 private sector contributions. The
11.5incentive in the second year will be based on
11.6fiscal year 2012 private sector contributions.
11.7This incentive is ongoing.
11.8(2) Funding for the marketing grants is
11.9available either year of the biennium.
11.10Unexpended grant funds from the first year
11.11are available in the second year.
11.12(3) Unexpended money from the general
11.13fund appropriations made under this section
11.14does not cancel but must be placed in a
11.15special marketing account for use by Explore
11.16Minnesota Tourism for additional marketing
11.17activities.
11.18(c) $325,000 the first year and $325,000 the
11.19second year are for the Minnesota Film and
11.20TV Board. The appropriation in each year
11.21is available only upon receipt by the board
11.22of $1 in matching contributions of money or
11.23in-kind contributions from nonstate sources
11.24for every $3 provided by this appropriation,
11.25except that each year up to $50,000 is
11.26available on July 1 even if the required
11.27matching contribution has not been received
11.28by that date.
11.29(d) $1,000,000 the first year is appropriated
11.30for a grant to the Minnesota Film and TV
11.31Board for the film jobs production program
11.32under Minnesota Statutes, section 116U.26.
11.33This is a onetime appropriation and is
11.34available until expended.

12.1
Sec. 7. HOUSING FINANCE AGENCY
12.2
Subdivision 1.Total Appropriation
$
38,595,000
$
38,595,000
12.3The amounts that may be spent for each
12.4purpose are specified in the following
12.5subdivisions.
12.6This appropriation is for transfer to the
12.7housing development fund for the programs
12.8specified. Except as otherwise indicated, this
12.9transfer is part of the agency's permanent
12.10budget base.
12.11
Subd. 2.Challenge Program
7,159,000
7,159,000
12.12For the economic development and housing
12.13challenge program under Minnesota
12.14Statutes, section 462A.33. Of this amount,
12.15$1,208,000 each year shall be made available
12.16during the first eight months of the fiscal
12.17year exclusively for housing projects for
12.18American Indians. Any funds not committed
12.19to housing projects for American Indians in
12.20the first eight months of the fiscal year shall
12.21be available for any eligible activity under
12.22Minnesota Statutes, section 462A.33.
12.23
Subd. 3.Housing Trust Fund
9,555,000
9,555,000
12.24For deposit in the housing trust fund account
12.25created under Minnesota Statutes, section
12.26462A.201, and used for the purposes
12.27provided in that section.
12.28
Subd. 4.Rental Assistance for Mentally Ill
2,638,000
2,638,000
12.29For a rental housing assistance program for
12.30persons with a mental illness or families with
12.31an adult member with a mental illness under
12.32Minnesota Statutes, section 462A.2097.
12.33
Subd. 5.Family Homeless Prevention
7,465,000
7,465,000
13.1For the family homeless prevention and
13.2assistance programs under Minnesota
13.3Statutes, section 462A.204.
13.4
Subd. 6.Home Ownership Assistance Fund
858,000
858,000
13.5For the home ownership assistance program
13.6under Minnesota Statutes, section 462A.21,
13.7subdivision 8.
13.8
Subd. 7.Affordable Rental Investment Fund
7,319,000
7,319,000
13.9(a) For the affordable rental investment fund
13.10program under Minnesota Statutes, section
13.11462A.21, subdivision 8b. The appropriation
13.12is to finance the acquisition, rehabilitation,
13.13and debt restructuring of federally assisted
13.14rental property and for making equity
13.15take-out loans under Minnesota Statutes,
13.16section 462A.05, subdivision 39.
13.17(b) The owner of federally assisted rental
13.18property must agree to participate in the
13.19applicable federally assisted housing program
13.20and to extend any existing low-income
13.21affordability restrictions on the housing for
13.22the maximum term permitted. The owner
13.23must also enter into an agreement that gives
13.24local units of government, housing and
13.25redevelopment authorities, and nonprofit
13.26housing organizations the right of first refusal
13.27if the rental property is offered for sale to
13.28unrelated third parties. Priority must be
13.29given among comparable federally assisted
13.30rental properties to properties with the
13.31longest remaining term under an agreement
13.32for federal assistance. Priority must also
13.33be given among comparable rental housing
13.34developments to developments that are or
13.35will be owned by local government units, a
14.1housing and redevelopment authority, or a
14.2nonprofit housing organization.
14.3(c) The appropriation also may be used to
14.4finance the acquisition, rehabilitation, and
14.5debt restructuring of existing supportive
14.6housing properties. For purposes of this
14.7subdivision, "supportive housing" means
14.8affordable rental housing with links to
14.9services necessary for individuals, youth, and
14.10families with children to maintain housing
14.11stability.
14.12
Subd. 8.Housing Rehabilitation
2,633,000
2,633,000
14.13For the housing rehabilitation program
14.14under Minnesota Statutes, section 462A.05,
14.15subdivision 14, for rental housing
14.16developments.
14.17
14.18
Subd. 9.Homeownership Education,
Counseling, and Training
751,000
751,000
14.19For the homeownership education,
14.20counseling, and training program under
14.21Minnesota Statutes, section 462A.209.
14.22Notwithstanding Minnesota Statutes, section
14.23462A.209, subdivision 7, paragraph (b),
14.24more than one-half of the funds awarded
14.25for foreclosure prevention and assistance
14.26activities may be used for mortgage or
14.27financial counseling services.
14.28
Subd. 10.Capacity-Building Grants
217,000
217,000
14.29For nonprofit capacity-building grants
14.30under Minnesota Statutes, section 462A.21,
14.31subdivision 3b.

14.32
14.33
Sec. 8. DEPARTMENT OF LABOR AND
INDUSTRY
14.34
Subdivision 1.Total Appropriation
$
22,717,000
$
22,717,000
15.1
Appropriations by Fund
15.2
2012
2013
15.3
General
817,000
817,000
15.4
15.5
Workers'
Compensation
20,871,000
20,871,000
15.6
15.7
Workforce
Development
1,029,000
1,029,000
15.8The amounts that may be spent for each
15.9purpose are specified in the following
15.10subdivisions.
15.11
Subd. 2.Workers' Compensation
14,832,000
14,832,000
15.12This appropriation is from the workers'
15.13compensation fund.
15.14$200,000 each year is for grants to the
15.15Vinland Center for rehabilitation services.
15.16Grants shall be distributed as the department
15.17refers injured workers to the Vinland Center
15.18for rehabilitation services.
15.19
Subd. 3.Labor Standards and Apprenticeship
1,846,000
1,846,000
15.20
Appropriations by Fund
15.21
General
817,000
817,000
15.22
15.23
Workforce
Development
1,029,000
1,029,000
15.24(a) $879,000 each year is appropriated from
15.25the workforce development fund for the
15.26apprenticeship program under Minnesota
15.27Statutes, chapter 178, and includes
15.28$100,000 each year for labor education and
15.29advancement program grants and to expand
15.30and promote registered apprenticeship
15.31training in nonconstruction trade programs.
15.32(b) $150,000 each year is from the workforce
15.33development fund for prevailing wage
15.34enforcement.
15.35
Subd. 4.General Support
6,039,000
6,039,000
16.1This appropriation is from the workers'
16.2compensation fund.

16.3
16.4
Sec. 9. BUREAU OF MEDIATION
SERVICES
16.5
Subdivision 1.Total Appropriation
$
1,584,000
$
1,584,000
16.6The amounts that may be spent for each
16.7purpose are specified in the following
16.8subdivisions.
16.9
Subd. 2.Mediation Services
1,516,000
1,516,000
16.10
16.11
Subd. 3.Labor Management Cooperation
Grants
68,000
68,000
16.12$68,000 each year is for grants to area labor
16.13management committees. Grants may be
16.14awarded for a 12-month period beginning
16.15July 1 each year. Any unencumbered balance
16.16remaining at the end of the first year does not
16.17cancel but is available for the second year.

16.18
16.19
Sec. 10. WORKERS' COMPENSATION
COURT OF APPEALS
$
1,703,000
$
1,703,000
16.20This appropriation is from the workers'
16.21compensation fund.

16.22
16.23
Sec. 11. MINNESOTA HISTORICAL
SOCIETY
16.24
Subdivision 1.Total Appropriation
$
21,575,000
$
21,459,000
16.25The amounts that may be spent for each
16.26purpose are specified in the following
16.27subdivisions.
16.28
Subd. 2.Education and Outreach
12,131,000
12,131,000
16.29Notwithstanding Minnesota Statutes, section
16.30138.668, the Minnesota Historical Society
16.31may not charge a fee for its general tours at
16.32the Capitol, but may charge fees for special
16.33programs other than general tours.
17.1
Subd. 3.Preservation and Access
9,082,000
9,082,000
17.2
Subd. 4.Fiscal Agent
17.3
(a) Minnesota International Center
43,000
43,000
17.4
(b) Minnesota Air National Guard Museum
16,000
0
17.5
(c) Minnesota Military Museum
100,000
0
17.6
(d) Farmamerica
128,000
128,000
17.7(e) $75,000 the first year and $75,000 the
17.8second year are for a grant to the city of
17.9Eveleth to be used for the support of the
17.10Hockey Hall of Fame Museum provided that
17.11it continues to operate in the city. This grant
17.12is in addition to and must not be used to
17.13supplant funding under Minnesota Statutes,
17.14section 298.28, subdivision 9c.
17.15
(f) Balances Forward
17.16Any unencumbered balance remaining in
17.17this subdivision the first year does not cancel
17.18and is available for the second year of the
17.19biennium.
17.20
Subd. 5.Fund Transfer
17.21The Minnesota Historical Society may
17.22reallocate funds appropriated in and between
17.23subdivisions 2 and 3 for any program
17.24purposes and the appropriations are available
17.25in either year of the biennium.

17.26
Sec. 12. BOARD OF THE ARTS
17.27
Subdivision 1.Total Appropriation
$
7,923,000
$
7,923,000
17.28The amounts that may be spent for each
17.29purpose are specified in the following
17.30subdivisions.
17.31
Subd. 2.Operations and Services
599,000
599,000
18.1
Subd. 3.Grants Program
5,066,000
5,066,000
18.2
Subd. 4.Regional Arts Councils
2,258,000
2,258,000
18.3Any unencumbered balance remaining in this
18.4section the first year does not cancel and is
18.5available for the second year of the biennium.

18.6
18.7
Sec. 13. MINNESOTA HUMANITIES
CENTER
$
250,000
$
250,000

18.8
Sec. 14. PUBLIC BROADCASTING
$
1,932,000
$
1,932,000
18.9(a) The appropriations under this section are
18.10to the commissioner of administration for the
18.11purposes specified.
18.12(b) $1,113,000 the first year and $1,113,000
18.13the second year are for matching grants for
18.14public television.
18.15(c) $190,000 the first year and $190,000
18.16the second year are for public television
18.17equipment grants. Equipment or matching
18.18grant allocations shall be made after
18.19considering the recommendations of the
18.20Minnesota Public Television Association.
18.21(d) $16,000 the first year and $16,000 the
18.22second year are for grants to the Twin Cities
18.23regional cable channel.
18.24(e) $278,000 the first year and $278,000 the
18.25second year are for community service grants
18.26to public educational radio stations.
18.27(f) $97,000 the first year and $97,000 the
18.28second year are for equipment grants to
18.29public educational radio stations.
18.30(g) The grants in paragraphs (e) and (f)
18.31must be allocated after considering the
18.32recommendations of the Association of
19.1Minnesota Public Educational Radio Stations
19.2under Minnesota Statutes, section 129D.14.
19.3(h) $238,000 the first year and $238,000
19.4the second year are for equipment grants to
19.5Minnesota Public Radio, Inc.
19.6(i) Any unencumbered balance remaining the
19.7first year for grants to public television or
19.8radio stations does not cancel and is available
19.9for the second year.

19.10
Sec. 15. BOARD OF ACCOUNTANCY
$
630,000
$
480,000
19.11$150,000 the first year is to fund the costs
19.12associated with the e-licensing adaptor
19.13integration development. This is a onetime
19.14appropriation.

19.15
19.16
19.17
19.18
Sec. 16. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
$
924,000
$
774,000
19.19$150,000 the first year is to fund the costs
19.20associated with the e-licensing adaptor
19.21integration development. This is a onetime
19.22appropriation.

19.23
19.24
Sec. 17. BOARD OF COSMETOLOGIST
EXAMINERS
$
1,046,000
$
1,046,000

19.25
Sec. 18. BOARD OF BARBER EXAMINERS
$
257,000
$
257,000

19.26ARTICLE 2
19.27MISCELLANEOUS ECONOMIC DEVELOPMENT PROVISIONS

19.28    Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
19.29subdivision to read:
19.30    Subd. 7. Monitoring pass-through grant recipients. The commissioner shall
19.31monitor the activities and outcomes of programs and services funded by legislative
19.32appropriations and administered by the department on a pass-through basis. Unless
20.1amounts are otherwise appropriated for administrative costs, the commissioner may
20.2retain up to five percent of the amount appropriated to the department for grants to
20.3pass-through entities. Amounts retained are deposited to a special revenue account and
20.4are appropriated to the commissioner for costs incurred in administering and monitoring
20.5the pass-through grants.

20.6    Sec. 2. Minnesota Statutes 2010, section 116L.3625, is amended to read:
20.7116L.3625 ADMINISTRATIVE COSTS.
20.8The commissioner may use up to five percent of the biennial appropriation for
20.9Youthbuild from the general fund to pay costs incurred by the department in administering
20.10Youthbuild during the biennium.

20.11    Sec. 3. Minnesota Statutes 2010, section 116L.62, is amended to read:
20.12116L.62 DISTRIBUTION AND USE OF STATE MONEY.
20.13The commissioner shall distribute the money appropriated for:
20.14(a) comprehensive job training and related services or job opportunities programs
20.15for economically disadvantaged, unemployed, and underemployed individuals, including
20.16persons of limited English speaking ability, through opportunities industrialization
20.17centers; and
20.18(b) the establishment and operation in Minnesota of these centers.
20.19The commissioner may use up to five percent of the appropriation for opportunities
20.20industrialization center programs to pay costs incurred by the department in administering
20.21the programs.
20.22Comprehensive job training and related services include: recruitment, counseling,
20.23remediation, motivational prejob training, vocational training, job development, job
20.24placement, and other appropriate services enabling individuals to secure and retain
20.25employment at their maximum capacity.

20.26    Sec. 4. Minnesota Statutes 2010, section 341.321, is amended to read:
20.27341.321 FEE SCHEDULE.
20.28    (a) The fee schedule for professional licenses issued by the commission is as follows:
20.29    (1) referees, $25 $45 for each initial license and each renewal;
20.30    (2) promoters, $400 for each initial license and each renewal;
20.31    (3) judges and knockdown judges, $25 $45 for each initial license and each renewal;
20.32    (4) trainers, $25 $45 for each initial license and each renewal;
21.1    (5) ring announcers, $25 $45 for each initial license and each renewal;
21.2    (6) seconds, $25 $45 for each initial license and each renewal;
21.3    (7) timekeepers, $25 $45 for each initial license and each renewal;
21.4    (8) combatants, $25 $45 for each initial license and each renewal;
21.5    (9) managers, $25 $45 for each initial license and each renewal; and
21.6    (10) ringside physicians, $25 $45 for each initial license and each renewal.
21.7In addition to the license fee and the late filing penalty fee in section 341.32, subdivision
21.82, if applicable, an individual who applies for a combatant professional license on the
21.9same day the combative sporting event is held shall pay a late fee of $100 plus the original
21.10license fee of $45 at the time the application is submitted.
21.11    (b) The fee schedule for amateur licenses issued by the commission is as follows:
21.12    (1) referees, $10 $45 for each initial license and each renewal;
21.13    (2) promoters, $100 $400 for each initial license and each renewal;
21.14    (3) judges and knockdown judges, $10 $45 for each initial license and each renewal;
21.15    (4) trainers, $10 $45 for each initial license and each renewal;
21.16    (5) ring announcers, $10 $45 for each initial license and each renewal;
21.17    (6) seconds, $10 $45 for each initial license and each renewal;
21.18    (7) timekeepers, $10 $45 for each initial license and each renewal;
21.19    (8) combatant, $10 $25 for each initial license and each renewal;
21.20    (9) managers, $10 $45 for each initial license and each renewal; and
21.21    (10) ringside physicians, $10 $45 for each initial license and each renewal.
21.22    (c) The commission shall establish a contest fee for each combative sport contest.
21.23The professional combative sport contest fee is $1,500 per event or not more than four
21.24percent of the gross ticket sales, whichever is greater, as determined by the commission
21.25when the combative sport contest is scheduled, except that the amateur combative sport
21.26contest fee shall be $150 $500 or not more than four percent of the gross ticket sales,
21.27whichever is greater. The commission shall consider the size and type of venue when
21.28establishing a contest fee. The commission may establish the maximum number of
21.29complimentary tickets allowed for each event by rule. An A professional or amateur
21.30combative sport contest fee is nonrefundable.
21.31    (d) All fees and penalties collected by the commission must be deposited in the
21.32commission account in the special revenue fund.

21.33    Sec. 5. Laws 2009, chapter 78, article 1, section 18, is amended to read:
21.34
21.35
Sec. 18. COMBATIVE SPORTS
COMMISSION
$
80,000
$
80,000
22.1This is a onetime appropriation. The
22.2Combative Sports Commission expires on
22.3July 1, 2011, unless the commissioner of
22.4finance determines that the commission's
22.5projected expenditures for the fiscal biennium
22.6ending June 30, 2013, will not exceed the
22.7commission's projected revenues for the
22.8fiscal biennium ending June 30, 2013, from
22.9fees and penalties authorized in Minnesota
22.10Statutes 2008, chapter 341.

22.11ARTICLE 3
22.12LABOR AND INDUSTRY

22.13    Section 1. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
22.14    Subd. 2. Deposits. Unless otherwise specifically designated by law: (1) all money
22.15collected under sections 144.122, paragraph (f); 181.723; 326B.092 to 326B.096;
22.16326B.101
to 326B.194; 326B.197; 326B.32 to 326B.399; 326B.43 to 326B.49; 326B.52
22.17to 326B.59; 326B.802 to 326B.885; 326B.90 to 326B.998; 327.31 to 327.36; and
22.18327B.01 to 327B.12, except penalties, is credited to the construction code fund; (2) all
22.19fees collected under section 45.23 sections 326B.098 to 326B.099 in connection with
22.20continuing education for residential contractors, residential remodelers, and residential
22.21roofers any license, registration, or certificate issued pursuant to this chapter are credited
22.22to the construction code fund; and (3) all penalties assessed under the sections set forth
22.23in clauses (1) and (2) and all penalties assessed under sections 144.99 to 144.993 in
22.24connection with any violation of sections 326B.43 to 326B.49 or 326B.52 to 326B.59 or
22.25the rules adopted under those sections are credited to the assigned risk safety account
22.26established by section 79.253.

22.27    Sec. 2. Minnesota Statutes 2010, section 326B.091, is amended to read:
22.28326B.091 DEFINITIONS.
22.29    Subdivision 1. Applicability. For purposes of sections 326B.091 to 326B.098
22.30326B.099, the terms defined in this section have the meanings given them.
22.31    Subd. 2. Applicant. "Applicant" means a person who has submitted to the
22.32department an application for a an initial or renewal license.
23.1    Subd. 3. License. "License" means any registration, certification, or other form
23.2of approval authorized by this chapter 326B and chapter 327B to be issued by the
23.3commissioner or department as a condition of doing business or conducting a trade,
23.4profession, or occupation in Minnesota. License includes specifically but not exclusively
23.5an authorization issued by the commissioner or department: to perform electrical work,
23.6plumbing or water conditioning work, high pressure piping work, or residential building
23.7work of a residential contractor, residential remodeler, or residential roofer; to install
23.8manufactured housing; to serve as a building official; or to operate a boiler or boat.
23.9    Subd. 4. Licensee. "Licensee" means the person named on the license as the person
23.10authorized to do business or conduct the trade, profession, or occupation in Minnesota.
23.11    Subd. 5. Notification date. "Notification date" means the date of the written
23.12notification from the department to an applicant that the applicant is qualified to take the
23.13examination required for licensure.
23.14    Subd. 5b. Qualifying individual. "Qualifying individual" means the individual
23.15responsible for obtaining continuing education on behalf of a residential building
23.16contractor, residential remodeler, or residential roofer licensed pursuant to sections
23.17326B.801 to 326B.885.
23.18    Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
23.19license, means 30 days before the date that the license expires.

23.20    Sec. 3. Minnesota Statutes 2010, section 326B.098, is amended to read:
23.21326B.098 CONTINUING EDUCATION.
23.22    Subdivision 1. Applicability Department seminars. This section applies to
23.23seminars offered by the department for the purpose of allowing enabling licensees to meet
23.24continuing education requirements for license renewal.
23.25    Subd. 2. Rescheduling. An individual who is registered with the department to
23.26attend a seminar may reschedule one time only, to attend the same seminar on a date
23.27within one year after the date of the seminar the individual was registered to attend.
23.28    Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
23.29nonrefundable except for any overpayment of fees or if the department cancels the seminar.

23.30    Sec. 4. [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
23.31SEMINARS.
23.32This section applies to seminars that are offered by an entity other than the
23.33department for the purpose of enabling licensees to meet continuing education
23.34requirements for license renewal.

24.1    Sec. 5. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
24.2    Subdivision 1. Computation. To defray the costs of administering sections
24.3326B.101 to 326B.194, a surcharge is imposed on all permits issued by municipalities in
24.4connection with the construction of or addition or alteration to buildings and equipment or
24.5appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
24.6receipts to award grants for code research and development and education.
24.7    If the fee for the permit issued is fixed in amount the surcharge is equivalent to
24.8one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
24.930, 2011 2013, the permit surcharge is equivalent to one-half mill (.0005) of the fee or $5,
24.10whichever amount is greater. For all other permits, the surcharge is as follows:
24.11    (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
24.12surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
24.13or alteration;
24.14    (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
24.15mill (.0004) of the value between $1,000,000 and $2,000,000;
24.16    (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
24.17mill (.0003) of the value between $2,000,000 and $3,000,000;
24.18    (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
24.19mill (.0002) of the value between $3,000,000 and $4,000,000;
24.20    (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
24.21mill (.0001) of the value between $4,000,000 and $5,000,000; and
24.22    (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
24.23mill (.00005) of the value that exceeds $5,000,000.

24.24    Sec. 6. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
24.25to read:
24.26    Subd. 1b. Backflow prevention rebuilder. A "backflow prevention rebuilder" is an
24.27individual who is qualified by training prescribed by the Plumbing Board and possesses
24.28a master or journeyman plumber's license to engage in the testing, maintenance, and
24.29rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
24.30the plumbing code.

24.31    Sec. 7. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
24.32to read:
24.33    Subd. 1c. Backflow prevention tester. A "backflow prevention tester" is an
24.34individual who is qualified by training prescribed by the Plumbing Board to engage in
25.1the testing of reduced pressure zone type backflow prevention assemblies as regulated by
25.2the plumbing code.

25.3    Sec. 8. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
25.4    Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
25.5whose responsible licensed plumber individual is a licensed master plumber.

25.6    Sec. 9. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
25.7    Subd. 9. Responsible licensed plumber individual. A contractor's "responsible
25.8licensed plumber individual" means the licensed master plumber or licensed restricted
25.9master plumber designated in writing by the contractor in the contractor's license
25.10application, or in another manner acceptable to the commissioner, as the individual
25.11responsible for the contractor's compliance with sections 326B.41 to 326B.49, all rules
25.12adopted under these sections and sections 326B.50 to 326B.59, and all orders issued
25.13under section 326B.082.

25.14    Sec. 10. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
25.15    Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
25.16means a licensed contractor whose responsible licensed plumber individual is a licensed
25.17restricted master plumber.

25.18    Sec. 11. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
25.19    Subd. 2. Powers; duties; administrative support. (a) The board shall have the
25.20power to:
25.21    (1) elect its chair, vice-chair, and secretary;
25.22    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
25.23and containing such other provisions as may be useful and necessary for the efficient
25.24conduct of the business of the board;
25.25    (3) adopt the plumbing code that must be followed in this state and any plumbing
25.26code amendments thereto. The plumbing code shall include the minimum standards
25.27described in sections 326B.43, subdivision 1, and 326B.52, subdivision 1. The board
25.28shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
25.29as provided in subdivision 6, paragraphs (b), (c), and (d);
25.30    (4) review requests for final interpretations and issue final interpretations as provided
25.31in section 326B.127, subdivision 5;
26.1    (5) adopt rules that regulate the licensure, certification, or registration of plumbing
26.2contractors, journeymen, unlicensed individuals, master plumbers, restricted master
26.3plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention
26.4rebuilders and testers, water conditioning contractors, and water conditioning installers,
26.5and other persons engaged in the design, installation, and alteration of plumbing systems
26.6or engaged in or working at the business of water conditioning installation or service, or
26.7engaged in or working at the business of medical gas system installation, maintenance, or
26.8repair, except for those individuals licensed under section 326.02, subdivisions 2 and 3.
26.9The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
26.106, paragraphs (e) and (f);
26.11(6) adopt rules that regulate continuing education for individuals licensed as master
26.12plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
26.13plumbers, water conditioning contractors, and water conditioning installers, and for
26.14individuals certified under sections 326B.437 and 326B.438. The board shall adopt these
26.15rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
26.16    (7) refer complaints or other communications to the commissioner, whether oral or
26.17written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
26.18order that the commissioner has the authority to enforce pertaining to code compliance,
26.19licensure, or an offering to perform or performance of unlicensed plumbing services;
26.20    (8) approve per diem and expenses deemed necessary for its members as provided in
26.21subdivision 3;
26.22    (9) approve license reciprocity agreements;
26.23    (10) select from its members individuals to serve on any other state advisory council,
26.24board, or committee; and
26.25    (11) recommend the fees for licenses, registrations, and certifications.
26.26Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
26.27Board of High Pressure Piping Systems, the commissioner of labor and industry shall
26.28administer and enforce the provisions of this chapter and any rules promulgated pursuant
26.29thereto.
26.30    (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
26.31    (c) The commissioner shall coordinate the board's rulemaking and recommendations
26.32with the recommendations and rulemaking conducted by the other boards created pursuant
26.33to this chapter. The commissioner shall provide staff support to the board. The support
26.34includes professional, legal, technical, and clerical staff necessary to perform rulemaking
26.35and other duties assigned to the board. The commissioner of labor and industry shall
26.36supply necessary office space and supplies to assist the board in its duties.

27.1    Sec. 12. [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
27.2REBUILDERS AND TESTERS.
27.3(a) No person shall perform or offer to perform the installation, maintenance, repair,
27.4replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
27.5unless the person obtains a plumbing contractor license. An individual shall not engage
27.6in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
27.7prevention assemblies, as regulated by the plumbing code, unless the individual is certified
27.8by the commissioner as a backflow prevention rebuilder.
27.9(b) An individual shall not engage in testing of a reduced pressure zone backflow
27.10prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
27.11backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
27.12prevention tester.
27.13(c) Certificates are issued for an initial period of two years and must be renewed
27.14every two years thereafter for as long as the certificate holder installs, maintains, repairs,
27.15rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
27.16of calculating fees under section 326B.092, an initial or renewed backflow prevention
27.17rebuilder or tester certificate shall be considered an entry level license.
27.18(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
27.19related to the certification of backflow prevention rebuilders and backflow prevention
27.20testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
27.2118-month limitation under section 14.125, this authority expires on December 31, 2014.
27.22(e) The department shall recognize certification programs that are a minimum of 16
27.23contact hours and include the passage of an examination. The examination must consist of
27.24a practical and a written component. This paragraph expires when the Plumbing Board
27.25adopts rules under paragraph (d).

27.26    Sec. 13. Minnesota Statutes 2010, section 326B.438, is amended to read:
27.27326B.438 MEDICAL GAS SYSTEMS.
27.28    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
27.29this subdivision have the meanings given them.
27.30    (b) "Medical gas" means medical gas as defined under the National Fire Protection
27.31Association NFPA 99C Standard on Gas and Vacuum Systems.
27.32    (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
27.33system as defined under the National Fire Protection Association NFPA 99C Standard on
27.34Gas and Vacuum Systems.
28.1    Subd. 2. License and certification required. A No person shall perform or offer
28.2to perform the installation, maintenance, or repair of medical gas systems unless the
28.3person obtains a contractor license. An individual shall not engage in the installation,
28.4maintenance, or repair of a medical gas system unless the person individual possesses
28.5a current Minnesota master or journeyman plumber's license and is certified by the
28.6commissioner under rules adopted by the Minnesota Plumbing Board. The certification
28.7must be renewed annually biennially for as long as the certificate holder engages in the
28.8installation, maintenance, or repair of medical gas and vacuum systems. If a medical gas
28.9and vacuum system certificate is not renewed within 12 months after its expiration the
28.10medical gas and vacuum certificate is permanently forfeited.
28.11    Subd. 3. Exemptions. (a) A person An individual who on August 1, 2010, holds
28.12a valid certificate authorized by the American Society of Sanitary Engineering (ASSE)
28.13in accordance with standards recommended by the National Fire Protection Association
28.14under NFPA 99C is exempt from the requirements of subdivision 2. This exemption
28.15applies only if the person individual maintains a valid certification authorized by the ASSE.
28.16    (b) A person An individual who on August 1, 2010, possesses a current Minnesota
28.17master or journeyman plumber's license and a valid certificate authorized by the ASSE
28.18in accordance with standards recommended by the National Fire Protection Association
28.19under NFPA 99C is exempt from the requirements of subdivision 2 and may install,
28.20maintain, and repair a medical gas system. This exemption applies only if a person an
28.21individual maintains a valid Minnesota master or journeyman plumber's license and valid
28.22certification authorized by the ASSE.
28.23    Subd. 4. Fees. The fee for a medical gas certificate For the purpose of calculating
28.24fees under section 326B.092, an initial or renewed medical gas certificate issued by the
28.25commissioner according to subdivision 2 is $30 per year shall be considered a journeyman
28.26level license.

28.27    Sec. 14. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
28.28    Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
28.29license may do plumbing work on the individual's residence in accordance with
28.30subdivision 1, paragraph (a).
28.31(b) An individual who is an employee working on the maintenance and repair of
28.32plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
28.33and which is within the limits of property owned or leased, and operated or maintained by
28.34the individual's employer, shall not be required to maintain a contractor license as long
28.35as the employer has on file with the commissioner a current certificate of responsible
29.1person. The certificate must be signed by the responsible individual. The responsible
29.2individual must be a master plumber or, in an area of the state that is not a city or town
29.3with a population of more than 5,000 according to the last federal census, a restricted
29.4master plumber,. The certificate must be signed by the responsible individual and must
29.5state that the person signing the certificate is responsible for ensuring that the maintenance
29.6and repair work performed by the employer's employees comply complies with sections
29.7326B.41 to 326B.49, all rules adopted under those sections and sections 326B.50 to
29.8326B.59 , and all orders issued under section 326B.082. The employer must pay a filing
29.9fee to file a certificate of responsible person individual with the commissioner. The
29.10certificate shall expire two years from the date of filing. In order to maintain a current
29.11certificate of responsible person individual, the employer must resubmit a certificate of
29.12responsible person individual, with a filing fee, no later than two years from the date of the
29.13previous submittal. The filing of the certificate of responsible person individual does not
29.14exempt any employee of the employer from the requirements of this chapter regarding
29.15individual licensing as a plumber or registration as a plumber's apprentice.
29.16(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
29.17separate contractor license to perform plumbing work on behalf of the employer within
29.18the scope of the licensed plumber's license.
29.19(d) A person may perform and offer to perform building sewer or water service
29.20installation without a contractor's license if the person is in compliance with the bond and
29.21insurance requirements of subdivision 2.

29.22    Sec. 15. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
29.23    Subd. 1b. Employment of master plumber or restricted master plumber. (a)
29.24Each contractor must designate a responsible licensed plumber, who shall be responsible
29.25for the performance of all plumbing work in accordance with sections 326B.41 to
29.26326B.49 , all rules adopted under these sections and sections 326B.50 to 326B.59, and all
29.27orders issued under section 326B.082. A plumbing contractor's responsible licensed
29.28plumber individual must be a master plumber. A restricted plumbing contractor's
29.29responsible licensed plumber individual must be a master plumber or a restricted master
29.30plumber. A plumbing contractor license authorizes the contractor to offer to perform
29.31and, through licensed and registered individuals, to perform plumbing work in all areas
29.32of the state. A restricted plumbing contractor license authorizes the contractor to offer
29.33to perform and, through licensed and registered individuals, to perform plumbing work
29.34in all areas of the state except in cities and towns with a population of more than 5,000
29.35according to the last federal census.
30.1(b) If the contractor is an individual or sole proprietorship, the responsible licensed
30.2plumber individual must be the individual, proprietor, or managing employee. If the
30.3contractor is a partnership, the responsible licensed plumber individual must be a general
30.4partner or managing employee. If the contractor is a limited liability company, the
30.5responsible licensed plumber individual must be a chief manager or managing employee.
30.6If the contractor is a corporation, the responsible licensed plumber individual must be
30.7an officer or managing employee. If the responsible licensed plumber individual is a
30.8managing employee, the responsible licensed plumber individual must be actively engaged
30.9in performing plumbing work on behalf of the contractor, and cannot be employed in any
30.10capacity as a plumber for any other contractor. An individual may be the responsible
30.11licensed plumber individual for only one contractor.
30.12(c) All applications and renewals for contractor licenses shall include a verified
30.13statement that the applicant or licensee has complied with this subdivision.

30.14    Sec. 16. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
30.15    Subd. 2. Bond; insurance. As a condition of licensing, each contractor(a) The bond
30.16and insurance requirements of paragraphs (b) and (c) apply to each person who performs
30.17or offers to perform plumbing work within the state, including any person who offers to
30.18perform or performs sewer or water service installation without a contractor's license. If
30.19the person performs or offers to perform any plumbing work other than sewer or water
30.20service installation, then the person must meet the requirements of paragraphs (b) and (c)
30.21as a condition of holding a contractor's license.
30.22(b) Each person who performs or offers to perform plumbing work within the state
30.23shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
30.24plumbing work entered into within the state or (2) all plumbing work and subsurface
30.25sewage treatment work entered into within the state. If the bond is for both plumbing work
30.26and subsurface sewage treatment work, the bond must comply with the requirements of
30.27this section and section 115.56, subdivision 2, paragraph (e). The bond shall be for the
30.28benefit of persons injured or suffering financial loss by reason of failure to comply with the
30.29requirements of the State Plumbing Code and, if the bond is for both plumbing work and
30.30subsurface sewage treatment work, financial loss by reason of failure to comply with the
30.31requirements of sections 115.55 and 115.56. The bond shall be filed with the commissioner
30.32and shall be written by a corporate surety licensed to do business in the state.
30.33    In addition, as a condition of licensing, each contractor (c) Each person who
30.34performs or offers to perform plumbing work within the state shall have and maintain in
30.35effect public liability insurance, including products liability insurance with limits of at
31.1least $50,000 per person and $100,000 per occurrence and property damage insurance
31.2with limits of at least $10,000. The insurance shall be written by an insurer licensed to
31.3do business in the state of Minnesota and. Each licensed master plumber person who
31.4performs or offers to perform plumbing work within the state shall maintain on file
31.5with the commissioner a certificate evidencing the insurance. In the event of a policy
31.6cancellation, the insurer shall send written notice to the commissioner at the same time
31.7that a cancellation request is received from or a notice is sent to the insured.

31.8    Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
31.9    Subd. 3. Bond and insurance exemption. If a master plumber or restricted master
31.10plumber person who is in compliance with the bond and insurance requirements of
31.11subdivision 2, employs a licensed plumber, the or an individual who has completed pipe
31.12laying training as prescribed by the commissioner, that employee plumber shall not be
31.13required to meet the bond and insurance requirements of subdivision 2. An individual who
31.14is an employee working on the maintenance and repair of plumbing equipment, apparatus,
31.15or facilities owned or leased by the individual's employer and which is within the limits of
31.16property owned or leased, and operated or maintained by the individual's employer, shall
31.17not be required to meet the bond and insurance requirements of subdivision 2.

31.18    Sec. 18. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
31.19    Subdivision 1. Registration; supervision; records. (a) All unlicensed individuals,
31.20other than plumber's apprentices and individuals who have completed pipe laying training
31.21as prescribed by the commissioner, must be registered under subdivision 3.
31.22(b) A plumber's apprentice or registered unlicensed individual is authorized to
31.23assist in the installation of plumbing only while under the direct supervision of a master,
31.24restricted master, journeyman, or restricted journeyman plumber. The master, restricted
31.25master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
31.26plumbing work performed by the plumber's apprentice or registered unlicensed individual
31.27complies with the plumbing code. The supervising master, restricted master, journeyman,
31.28or restricted journeyman must be licensed and must be employed by the same employer
31.29as the plumber's apprentice or registered unlicensed individual. Licensed individuals
31.30shall not permit plumber's apprentices or registered unlicensed individuals to perform
31.31plumbing work except under the direct supervision of an individual actually licensed to
31.32perform such work. Plumber's apprentices and registered unlicensed individuals shall not
31.33supervise the performance of plumbing work or make assignments of plumbing work
31.34to unlicensed individuals.
32.1(c) Contractors employing plumber's apprentices or registered unlicensed individuals
32.2to perform plumbing work shall maintain records establishing compliance with this
32.3subdivision that shall identify all plumber's apprentices and registered unlicensed
32.4individuals performing plumbing work, and shall permit the department to examine and
32.5copy all such records.

32.6    Sec. 19. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
32.7    Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed
32.8individual may register by completing and submitting to the commissioner an application
32.9form provided by the commissioner, with all fees required by section 326B.092. A
32.10completed application form must state the date the individual began training, the
32.11individual's age, schooling, previous experience, and employer, and other information
32.12required by the commissioner. The Plumbing Board may prescribe rules, not inconsistent
32.13with this section, for the registration of unlicensed individuals. Applications for initial
32.14registration may be submitted at any time. Registration must be renewed annually and
32.15shall be for the period from July 1 of each year to June 30 of the following year.

32.16    Sec. 20. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
32.17    Subdivision 1. Application, examination, and license fees. (a) Applications for
32.18master and journeyman plumber's licenses shall be made to the commissioner, with
32.19all fees required by section 326B.092. Unless the applicant is entitled to a renewal,
32.20the applicant shall be licensed by the commissioner only after passing a satisfactory
32.21examination developed and administered by the commissioner, based upon rules adopted
32.22by the Plumbing Board, showing fitness.
32.23(b) All initial journeyman plumber's licenses shall be effective for more than one
32.24calendar year and shall expire on December 31 of the year after the year in which the
32.25application is made. All master plumber's licenses shall expire on December 31 of each
32.26even-numbered year after issuance or renewal. The commissioner shall in a manner
32.27determined by the commissioner, without the need for any rulemaking under chapter 14,
32.28phase in the renewal of master and journeyman plumber's licenses from one year to two
32.29years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
32.30two-year licenses.
32.31(c) Applications for contractor licenses shall be made to the commissioner, with all
32.32fees required by section 326B.092. All contractor licenses shall expire on December 31 of
32.33each odd-numbered year after issuance or renewal.
33.1(d) For purposes of calculating license fees and renewal license fees required under
33.2section 326B.092:
33.3(1) the following licenses shall be considered business licenses: plumbing contractor
33.4and restricted plumbing contractor;
33.5(2) the following licenses shall be considered master licenses: master plumber and
33.6restricted master plumber;
33.7(3) the following licenses shall be considered journeyman licenses: journeyman
33.8plumber and restricted journeyman plumber; and
33.9(4) the registration of a plumber's apprentice under section 326B.47, subdivision 3,
33.10shall be considered an entry level license.
33.11(e) For each filing of a certificate of responsible person individual by an employer,
33.12the fee is $100.
33.13(f) The commissioner shall charge each person giving bond under section 326B.46,
33.14subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
33.15licensed contractor.

33.16    Sec. 21. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
33.17    Subdivision 1. Bonds. (a) As a condition of licensing, each water conditioning
33.18contractor shall give and maintain a bond to the state as described in paragraph (b).
33.19No applicant for a water conditioning contractor or installer license who maintains the
33.20bond under paragraph (b) shall be otherwise required to meet the bond requirements of
33.21any political subdivision.
33.22    (b) Each bond given to the state under this subdivision shall be in the total sum of
33.23$3,000 conditioned upon the faithful and lawful performance of all water conditioning
33.24installation or servicing done within the state. The bond shall be for the benefit of
33.25persons suffering injuries or damages due to the work. The bond shall be filed with the
33.26commissioner and shall be written by a corporate surety licensed to do business in this
33.27state. The bond must remain in effect at all times while the application is pending and
33.28while the license is in effect.

33.29    Sec. 22. Minnesota Statutes 2010, section 326B.58, is amended to read:
33.30326B.58 FEES; RENEWAL.
33.31    (a) Each initial water conditioning master and water conditioning journeyman
33.32license shall be effective for more than one calendar year and shall expire on December 31
33.33of the year after the year in which the application is made.
34.1(b) The commissioner shall in a manner determined by the commissioner, without
34.2the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
34.3master and journeyman licenses from one year to two years. By June 30, 2011, all
34.4renewed water conditioning contractor and installer licenses shall be two-year licenses.
34.5The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
34.6(c) All water conditioning contractor licenses shall expire on December 31 of the
34.7year after issuance or renewal.
34.8(d) For purposes of calculating license fees and renewal fees required under section
34.9326B.092 :
34.10(1) a water conditioning journeyman license shall be considered a journeyman
34.11license;
34.12(2) a water conditioning master license shall be considered a master license; and
34.13(3) a water conditioning contractor license shall be considered a business license.

34.14    Sec. 23. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
34.15    Subd. 2. Appropriate and related knowledge. "Appropriate and related
34.16knowledge" means facts, information, or principles that are clearly relevant to the licensee
34.17in performing licensee's responsibilities under a license issued by the commissioner.
34.18These facts, information, or principles must convey substantive and procedural knowledge
34.19as it relates to postlicensing issues and must be relevant to the technical aspects of a
34.20particular area of continuing education regulated industry.

34.21    Sec. 24. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
34.22    Subd. 3. Classroom hour. "Classroom hour" means a 50-minute hour 50 minutes of
34.23educational content.

34.24    Sec. 25. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
34.25    Subd. 7. Medical hardship. "Medical hardship" includes means a documented
34.26physical disability or medical condition.

34.27    Sec. 26. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
34.28    Subd. 9. Regulated industries industry. "Regulated industries industry" means
34.29residential contracting, residential remodeling, or residential roofing. Each of these is a
34.30regulated industry any business, trade, profession, or occupation that requires a license
34.31issued under this chapter or chapter 327B as a condition of doing business in Minnesota.

35.1    Sec. 27. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
35.2    Subdivision 1. Purpose. The purpose of this section is to establish standards
35.3for residential building contractor continuing education. The standards must include
35.4requirements for continuing education in the implementation of energy codes or energy
35.5conservation measures applicable to residential buildings.

35.6    Sec. 28. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
35.7    Subd. 5. Content. (a) Continuing education consists of approved courses that
35.8impart appropriate and related knowledge in the residential construction industry regulated
35.9industries pursuant to sections 326B.802 to 326B.885 this chapter and other relevant
35.10applicable federal and state laws, rules, and regulations. Courses may include relevant
35.11materials that are included in licensing exams subject to the limitations imposed in
35.12subdivision 11. The burden of demonstrating that courses impart appropriate and related
35.13knowledge is upon the person seeking approval or credit.
35.14    (b) Except as required for Internet continuing education, course examinations will
35.15not be required for continuing education courses unless they are required by the sponsor.
35.16    (c) Textbooks are not required to be used for continuing education courses. If
35.17textbooks are not used as part of the course, the sponsor must provide students with a
35.18syllabus containing, at a minimum, the course title, the times and dates of the course
35.19offering, the name, address, and telephone number of the course sponsor and, the name
35.20and affiliation of the instructor, and a detailed outline of the subject materials to be
35.21covered. Any written or printed material given to students must be of readable quality and
35.22contain accurate and current information.
35.23    (d) Upon completion of an approved course, licensees shall earn one hour of
35.24continuing education credit for each classroom hour approved by the commissioner. One
35.25credit hour of continuing education is equivalent to 50 minutes of educational content.
35.26Each continuing education course must be attended in its entirety in order to receive credit
35.27for the number of approved hours. Courses may be approved for full or partial credit,
35.28and for more than one regulated industry.
35.29    (e) Continuing education credit in an approved course shall be awarded to presenting
35.30instructors on the basis of one credit for each hour of preparation for the duration of the
35.31initial presentation. Continuing education credit may not be earned if the licensee has
35.32previously obtained credit for the same course as a licensee or as an instructor within the
35.33three years immediately prior credits for completion of an approved course may only be
35.34used once for renewal of a specific license.
35.35    (e) (f) Courses will be approved using the following guidelines:
36.1(1) course content must demonstrate significant intellectual or practical content and
36.2deal with matters directly related to the practice of residential construction in the regulated
36.3industry, workforce safety, or the business of running a residential construction company
36.4in the regulated industry. Courses may also address the professional responsibility or
36.5ethical obligations of residential contractors to homeowners and suppliers a licensee
36.6related to work in the regulated industry;
36.7(2) the following courses may be automatically approved if they are specifically
36.8designed for the residential construction regulated industry and are in compliance with
36.9paragraph (f) (g):
36.10(i) courses approved by the Minnesota Board of Continuing Legal Education; or
36.11(ii) courses approved by the International Code Council, National Association of
36.12Home Building, or other nationally recognized professional organization of the residential
36.13construction regulated industry; and
36.14(3) courses must be presented and attended in a suitable classroom or construction
36.15setting, except for Internet education courses which must meet the requirements of
36.16subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
36.17teleconference may be approved provided the sponsor is available at all times during the
36.18presentation, except for Internet education courses which must meet the requirements
36.19of subdivision 5a.
36.20(f) (g) The following courses will not be approved for credit:
36.21    (1) courses designed solely to prepare students for a license examination;
36.22    (2) courses in mechanical office skills, including typing, speed reading, or other
36.23machines or equipment. Computer courses are allowed, if appropriate and related to the
36.24residential construction regulated industry;
36.25    (3) courses in sales promotion, including meetings held in conjunction with the
36.26general business of the licensee;
36.27    (4) courses in motivation, salesmanship, psychology, or personal time management;
36.28    (5) courses that are primarily intended to impart knowledge of specific products of
36.29specific companies, if the use of the product or products relates to the sales promotion
36.30or marketing of one or more of the products discussed; or
36.31(6) courses where any of the educational content of the course is the State Building
36.32Code that include code provisions that have not been adopted into the State Building
36.33Code unless the course materials clarify whether or not that the code provisions have
36.34been officially adopted into a future version of the State Building Code and the effective
36.35date of enforcement, if applicable.

37.1    Sec. 29. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
37.2read:
37.3    Subd. 5a. Internet continuing education. (a) Minnesota state colleges and
37.4universities that are accredited to provide Internet education by the Higher Learning
37.5Commission are exempt from the requirements of this subdivision.
37.6(b) The design and delivery of an Internet continuing education course must be
37.7approved by the International Distance Education Certification Center (IDECC) before
37.8the course is submitted for the commissioner's approval. The IDECC approval must
37.9accompany the course submitted.
37.10(b) (c) An Internet continuing education course must:
37.11(1) specify the minimum computer system requirements;
37.12(2) provide encryption that ensures that all personal information, including the
37.13student's name, address, and credit card number, cannot be read as it passes across the
37.14Internet;
37.15(3) include technology to guarantee seat time;
37.16(4) include a high level of interactivity;
37.17(5) include graphics that reinforce the content;
37.18(6) include the ability for the student to contact an instructor or course sponsor
37.19within a reasonable amount of time;
37.20(7) include the ability for the student to get technical support within a reasonable
37.21amount of time;
37.22(8) include a statement that the student's information will not be sold or distributed
37.23to any third party without prior written consent of the student. Taking the course does not
37.24constitute consent;
37.25(9) be available 24 hours a day, seven days a week, excluding minimal downtime
37.26for updating and administration, except that this provision does not apply to live courses
37.27taught by an actual instructor and delivered over the Internet;
37.28(10) provide viewing access to the online course at all times to the commissioner,
37.29excluding minimal downtime for updating and administration;
37.30(11) include a process to authenticate the student's identity;
37.31(12) inform the student and the commissioner how long after its purchase a course
37.32will be accessible;
37.33(13) inform the student that license education credit will not be awarded for taking
37.34the course after it loses its status as an approved course;
37.35(14) provide clear instructions on how to navigate through the course;
37.36(15) provide automatic bookmarking at any point in the course;
38.1(16) provide questions after each unit or chapter that must be answered before the
38.2student can proceed to the next unit or chapter;
38.3(17) include a reinforcement response when a quiz question is answered correctly;
38.4(18) include a response when a quiz question is answered incorrectly;
38.5(19) include a final examination in which the student must correctly answer 70
38.6percent of the questions;
38.7(20) allow the student to go back and review any unit at any time, except during the
38.8final examination;
38.9(21) provide a course evaluation at the end of the course. At a minimum, the
38.10evaluation must ask the student to report any difficulties caused by the online education
38.11delivery method;
38.12(22) provide a completion certificate when the course and exam have been completed
38.13and the provider has verified the completion. Electronic certificates are sufficient and shall
38.14include the name of the provider, date and location of the course, educational program
38.15identification that was provided by the department, hours of instruction or continuing
38.16education hours, and licensee's or attendee's name and license, certification, or registration
38.17number or the last four digits of the licensee's or attendee's Social Security number; and
38.18(23) allow the commissioner the ability to electronically review the class to
38.19determine if credit can be approved.
38.20(c) (d) The final examination must be either an encrypted online examination or a
38.21paper examination that is monitored by a proctor who certifies that the student took the
38.22examination.

38.23    Sec. 30. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
38.24    Subd. 6. Course approval. (a) Courses must be approved by the commissioner
38.25in advance and will be approved on the basis of the applicant's compliance with the
38.26provisions of this section relating to continuing education in the regulated industries. The
38.27commissioner shall make the final determination as to the approval and assignment of
38.28credit hours for courses. Courses must be at least one hour in length.
38.29    Licensees requesting credit for continuing education courses that have not been
38.30previously approved by the commissioner shall, on a form prescribed by the commissioner,
38.31submit an application for approval of continuing education credit accompanied by a
38.32nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
38.33in compliance with the provisions of this section governing the types of courses that will
38.34and will not be approved.
39.1    Approval will not be granted for time spent on meals or other unrelated activities.
39.2Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
39.3offered by a provider to any one student for longer than eight hours in one day, excluding
39.4meal breaks.
39.5    (b) Application for course approval must be submitted on a form approved by the
39.6commissioner at least 30 days before the course offering.
39.7    (c) Approval must be granted for a subsequent offering of identical continuing
39.8education courses without requiring a new application if a notice of the subsequent
39.9offering is filed with the commissioner at least 30 days in advance of the date the course is
39.10to be held. The commissioner shall deny future offerings of courses if they are found not
39.11to be in compliance with the laws relating to course approval.

39.12    Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
39.13    Subd. 7. Courses open to all. All course offerings must be open to any interested
39.14individuals. Access may be restricted by the sponsor based on class size only. Courses
39.15must shall not be approved if attendance is restricted to any particular group of people,
39.16except for company-sponsored courses allowed by applicable law.

39.17    Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
39.18    Subd. 8. Course sponsor. (a) Each course of study shall have at least one sponsor,
39.19approved by the commissioner, who is responsible for supervising the program and
39.20ensuring compliance with all relevant law. Sponsors may engage an additional approved
39.21sponsor in order to assist the sponsor or to act as a substitute for the sponsor in the event
39.22of an emergency or illness.
39.23(b) Sponsors must submit an application and sworn statement stating they agree to
39.24abide by the requirements of this section and any other applicable statute or rule pertaining
39.25to residential construction continuing education in the regulated industry.
39.26(c) A sponsor may also be an instructor.
39.27(d) Failure to comply with requirements paragraph (b) may result in loss of sponsor
39.28approval for up to two years in accordance with section 326B.082.

39.29    Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
39.30    Subd. 9. Responsibilities. A sponsor is responsible for:
39.31    (1) ensuring compliance with all laws and rules relating to continuing educational
39.32offerings governed by the commissioner;
40.1    (2) ensuring that students are provided with current and accurate information relating
40.2to the laws and rules governing their licensed activity the regulated industry;
40.3    (3) supervising and evaluating courses and instructors. Supervision includes
40.4ensuring that all areas of the curriculum are addressed without redundancy and that
40.5continuity is present throughout the entire course;
40.6    (4) ensuring that instructors are qualified to teach the course offering;
40.7    (5) furnishing the commissioner, upon request, with copies of course and instructor
40.8evaluations and. Evaluations must be completed by students at the time the course is
40.9offered;
40.10(6) furnishing the commissioner, upon request, with copies of the qualifications of
40.11instructors. Evaluations must be completed by students at the time the course is offered
40.12and by sponsors within five days after the course offering;
40.13    (6) (7) investigating complaints related to course offerings or instructors. A copy
40.14of the written complaint must be sent to the commissioner within ten days of receipt of
40.15the complaint and a copy of the complaint resolution must be sent not more than ten
40.16days after resolution is reached;
40.17    (7) (8) maintaining accurate records relating to course offerings, instructors, tests
40.18taken by students if required, and student attendance for a period of three years from the
40.19date on which the course was completed. These records must be made available to the
40.20commissioner upon request. In the event the sponsor ceases operations before termination
40.21of the sponsor application, the sponsor must provide to the commissioner digital copies of
40.22all course and attendance records of courses held for the previous three years;
40.23    (8) (9) attending workshops or instructional programs as reasonably required by
40.24the commissioner;
40.25    (9) (10) providing course completion certificates within ten days of, but not before,
40.26completion of the entire course. A sponsor may require payment of the course tuition as a
40.27condition of receiving the course completion certificate. Course completion certificates
40.28must be completed in their entirety. Course completion certificates must and shall contain
40.29the following:
40.30(i) the statement: "If you have any comments about this course offering, please mail
40.31them to the Minnesota Department of Labor and Industry.";
40.32(ii) the current address of the department must be included. A sponsor may require
40.33payment of the course tuition as a condition for receiving the course completion certificate,
40.34name of the provider, date and location of the course, educational program identification
40.35provided by the department, and hours of instruction or continuing education hours; and
41.1(iii) the licensee's or attendee's name and license, certificate, or registration number
41.2or the last four digits of the licensee's or attendee's Social Security number; and
41.3    (10) (11) notifying the commissioner in writing within ten days of any change in the
41.4information in an application for approval on file with the commissioner.

41.5    Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
41.6read:
41.7    Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
41.8who is qualified by education, training, or experience to ensure competent instruction.
41.9Failure to have only qualified instructors teach at an approved course offering will result in
41.10loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
41.11to teach the course offering.
41.12    (b) Qualified continuing education instructors must have one of the following
41.13qualifications:
41.14    (1) four years' practical experience in the subject area being taught;
41.15    (2) a college or graduate degree in the subject area being taught;
41.16(3) direct experience in the development of laws, rules, or regulations related to the
41.17residential construction regulated industry; or
41.18(4) demonstrated expertise in the subject area being taught. Instructors providing
41.19instruction related to electricity, plumbing, or high pressure piping systems must comply
41.20with all applicable continuing education rules adopted by the Board of Electricity, the
41.21Plumbing Board, or the Board of High Pressure Piping Systems.
41.22    (c) Approved Qualified continuing education instructors are responsible for:
41.23    (1) compliance with all laws and rules relating to continuing education;
41.24    (2) providing students with current and accurate information;
41.25    (3) maintaining an atmosphere conducive to learning in the classroom;
41.26    (4) verifying attendance of students, and certifying course completion;
41.27    (5) providing assistance to students and responding to questions relating to course
41.28materials; and
41.29    (6) attending the workshops or instructional programs that are required by the
41.30commissioner.

41.31    Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
41.32read:
41.33    Subd. 11. Prohibited practices for sponsors and instructors. (a) In connection
41.34with an approved continuing education course, sponsors and instructors shall not:
42.1    (1) recommend or, promote, or disparage the specific services, products, processes,
42.2procedures, or practices of a particular business person in the regulated industry;
42.3    (2) encourage or recruit individuals students to engage the services of, or become
42.4associated with, a particular business;
42.5    (3) use materials for the sole purpose of promoting a particular business;
42.6    (4) require students to participate in other programs or services offered by an
42.7instructor or sponsor;
42.8    (5) attempt, either directly or indirectly, to discover questions or answers on an
42.9examination for a license;
42.10    (6) disseminate to any other person specific questions, problems, or information
42.11known or believed to be included in licensing examinations;
42.12    (7) misrepresent any information submitted to the commissioner;
42.13    (8) fail to reasonably cover, or ensure coverage of, all points, issues, and concepts
42.14contained in the course outline approved by the commissioner during the approved
42.15instruction; or
42.16    (9) issue inaccurate course completion certificates.
42.17    (b) Sponsors shall notify the commissioner within ten days of a felony or gross
42.18misdemeanor conviction or of disciplinary action taken against an occupational or
42.19professional license held by the sponsor or an instructor teaching an approved course. The
42.20notification conviction or disciplinary action shall be grounds for the commissioner to
42.21withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.

42.22    Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
42.23read:
42.24    Subd. 12. Fees Course tuition. Fees Tuition for an approved course of study
42.25and related materials must be clearly identified to students. In the event that a course is
42.26canceled for any reason, all fees tuition must be returned within 15 days from the date of
42.27cancellation. In the event that a course is postponed for any reason, students shall be given
42.28the choice of attending the course at a later date or having their fees tuition refunded in
42.29full within 15 days from the date of postponement. If a student is unable to attend a course
42.30or cancels the registration in a course, sponsor policies regarding refunds shall govern.

42.31    Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
42.32read:
42.33    Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
42.34of continuing education courses.
43.1    (b) Advertising must be truthful and not deceptive or misleading. Courses may
43.2not be advertised as approved for continuing education credit unless approval has been
43.3granted in writing by the commissioner.
43.4    (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
43.5materials pertaining to an approved course circulated or distributed in this state, must
43.6prominently display the following statement:
43.7    "This course has been approved by the Minnesota Department of Labor and Industry
43.8for ....... (approved number of hours) hours for residential contractor ....... (regulated
43.9industry) continuing education."
43.10    (d) Advertising of approved courses must be clearly distinguishable from the
43.11advertisement of other nonapproved courses and services.
43.12    (e) Continuing education courses may not be advertised before approval unless the
43.13course is described in any advertising as "approval pending." The sponsor must verbally
43.14notify licensees students before commencement of the course if the course has been
43.15denied credit, has not been approved for credit, or has only been approved for partial
43.16credit by the commissioner.
43.17    (f) The number of hours for which a course has been approved must be prominently
43.18displayed on an advertisement for the course. If the course offering is longer than the
43.19number of hours of credit to be given, it must be clear that credit is not earned for the
43.20entire course.
43.21    (g) The course approval number must not be included in any advertisement.

43.22    Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
43.23read:
43.24    Subd. 16. Notice to students. At the beginning of each approved offering, the
43.25following notice must be handed out in printed form or must be read to students:
43.26    "This educational offering is recognized by the Minnesota Department of Labor and
43.27Industry as satisfying ....... (insert number of hours approved) hours of credit toward
43.28residential contractor (insert regulated industry) continuing education requirements."

43.29    Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
43.30read:
43.31    Subd. 18. Falsification of reports or certificates. A licensee, its qualified person
43.32qualifying individual, or an applicant found to have falsified an education report or
43.33certificate to the commissioner shall be considered to have violated the laws relating to
43.34the regulated industry for which the person has a license and shall be subject to censure,
44.1limitation, condition, suspension, or revocation of the license or denial of the application
44.2for licensure the enforcement provisions of section 326B.082.
44.3    The commissioner reserves the right to audit a licensee's continuing education
44.4records.

44.5    Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
44.6read:
44.7    Subd. 19. Waivers and extensions. If a licensee provides documentation to the
44.8commissioner that the licensee or its qualifying person is unable, and will continue to be
44.9unable, to attend actual classroom course work because of a physical disability, medical
44.10condition, or similar reason, attendance at continuing education courses shall be waived
44.11for a period not to exceed one year. The commissioner shall require that the licensee or
44.12its qualifying person satisfactorily complete a self-study program to include reading a
44.13sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
44.14residential building contractor industry, as would be necessary for the licensee to satisfy
44.15continuing educational credit hour needs. The commissioner shall award the licensee
44.16credit hours for a self-study program by determining how many credit hours would
44.17be granted to a classroom course involving the same material and giving the licensee
44.18the same number of credit hours under this section. The licensee may apply each year
44.19for a new waiver upon the same terms and conditions as were necessary to secure the
44.20original waiver, and must demonstrate that in subsequent years, the licensee was unable to
44.21complete actual classroom course work. The commissioner may request documentation
44.22of the condition upon which the request for waiver is based as is necessary to satisfy
44.23the commissioner of the existence of the condition and that the condition does preclude
44.24attendance at continuing education courses.
44.25    Upon written proof demonstrating a medical hardship, the commissioner shall
44.26extend, for up to 90 days, the time period during which the continuing education must be
44.27successfully completed. Loss of income from either attendance at courses or cancellation
44.28of a license is not a bona fide financial hardship. Requests for extensions must be
44.29submitted to the commissioner in writing no later than 60 days before the education is
44.30due and must include an explanation with verification of the hardship, plus verification of
44.31enrollment at an approved course of study on or before the extension period expires.

44.32    Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
44.33read:
45.1    Subd. 20. Reporting requirements. Required Continuing education credits must
45.2be reported by the sponsor in a manner prescribed by the commissioner. Licensees are
45.3responsible for maintaining copies of course completion certificates.

45.4    Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
45.5read:
45.6    Subd. 22. Continuing education approval. Continuing education courses must be
45.7approved in advance by the commissioner of labor and industry. "Sponsor" means any
45.8person or entity offering approved education.

45.9    Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
45.10read:
45.11    Subd. 23. Continuing education fees. The following fees shall be paid to the
45.12commissioner:
45.13    (1) initial course approval, $20 for each hour or fraction of one hour of continuing
45.14education course approval sought. Initial course approval expires on the last day of the
45.1524th 36th month after the course is approved;
45.16    (2) renewal of course approval, $20 per course. Renewal of course approval expires
45.17on the last day of the 24th month after the course is renewed;
45.18    (3) (2) initial sponsor approval, $100. Initial sponsor approval expires on the last
45.19day of the 24th month after the sponsor is approved; and
45.20    (4) (3) renewal of sponsor approval, $20 $100. Renewal of sponsor approval expires
45.21on the last day of the 24th month after the sponsor is renewed.

45.22    Sec. 44. Minnesota Statutes 2010, section 326B.865, is amended to read:
45.23326B.865 SIGN CONTRACTOR; BOND.
45.24    (a) A sign contractor may post a compliance bond with the commissioner,
45.25conditioned that the sign contractor shall faithfully perform duties and comply with laws,
45.26ordinances, rules, and contracts entered into for the installation of signs. The bond must
45.27be renewed biennially and maintained for so long as determined by the commissioner.
45.28The aggregate liability of the surety on the bond to any and all persons, regardless of the
45.29number of claims made against the bond, may not exceed the annual amount of the bond.
45.30The bond may be canceled as to future liability by the surety upon 30 days' written notice
45.31mailed to the commissioner by United States mail.
46.1    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
46.2local unit of government that requires sign contractors to post a compliance bond. The
46.3bond is in lieu of any compliance bond required by a local unit of government.
46.4    (c) For purposes of this section, "sign" means a device, structure, fixture, or
46.5placard using graphics, symbols, or written copy that is erected on the premises of an
46.6establishment including the name of the establishment or identifying the merchandise,
46.7services, activities, or entertainment available on the premises.
46.8(d) Each person giving bond under this section shall pay a biennial bond filing fee of
46.9$100 to the commissioner of labor and industry.
46.10EFFECTIVE DATE.This section is effective January 1, 2012.

46.11    Sec. 45. REVISOR'S INSTRUCTION.
46.12The revisor of statutes shall renumber each section of Minnesota Statutes listed in
46.13column A with the number listed in column B. The revisor shall also make necessary
46.14cross-reference changes consistent with the renumbering.
46.15
Column A
Column B
46.16
326B.82, subd. 2
326B.091, subd. 2a
46.17
326B.82, subd. 3
326B.091, subd. 2b
46.18
326b.82, subd. 5
326B.091, subd. 2c
46.19
326B.82, subd. 7
326B.091, subd. 4a
46.20
326B.82, subd. 8
326B.091, subd. 5a
46.21
326B.82, subd. 9
326B.091, subd. 5c
46.22
326B.82, subd. 10
326B.091, subd. 7
46.23
326B.821, subd. 4
326B.0981, subd. 17
46.24
326B.821, subd. 5
326B.0981, subd. 3
46.25
326B.821, subd. 5a
326B.0981, subd. 4
46.26
326B.821, subd. 6
326B.0981, subd. 5
46.27
326B.821, subd. 7
326B.0981, subd. 6
46.28
326B.821, subd. 8
326B.099, subd. 1
46.29
326B.821, subd. 9
326B.099, subd. 2
46.30
326B.821, subd. 10
326B.099, subd. 3
46.31
326B.821, subd. 11
326B.099, subd. 4
46.32
326B.821, subd. 12
326B.0981, subd. 7
46.33
326B.821, subd. 13
326B.0981, subd. 8
46.34
326B.821, subd. 14
326B.0981, subd. 9
46.35
326B.821, subd. 15
326B.0981, subd. 10
46.36
326B.821, subd. 16
326B.0981, subd. 11
46.37
326B.821, subd. 17
326B.099, subd. 5
46.38
326B.821, subd. 18
326B.0981, subd. 12
46.39
326B.821, subd. 19
326B.0981, subd. 13
47.1
326B.821, subd. 20
326B.0981, subd. 14
47.2
326B.821, subd. 22
326B.0981, subd. 2
47.3
326B.821, subd. 23
326B.0981, subd. 15
47.4
326B.821, subd. 24
326B.0981, subd. 16

47.5    Sec. 46. REPEALER.
47.6Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
47.7subdivision 3, are repealed.
47.8EFFECTIVE DATE.This section is effective January 1, 2012.
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