Bill Text: MN HF3 | 2011 | 87th Legislature 1st Special | Introduced
Bill Title: Special Session Jobs bill.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-07-19 - House: Introduction and first reading [HF3 Detail]
Download: Minnesota-2011-HF3-Introduced.html
1.2relating to economic development; modifying certain economic development
1.3fees, licensing provisions, and programs; modifying certain occupational
1.4continuing education requirements; clarifying and modifying regulation of
1.5medical gas system and manufactured home provisions; requiring reports;
1.6appropriating money for jobs, economic development, and housing purposes;
1.7amending Minnesota Statutes 2010, sections 116J.035, by adding a subdivision;
1.8116J.551, subdivision 1; 181.723, subdivision 5; 182.6553, subdivision 6;
1.9268A.15, subdivision 4; 326B.04, subdivision 2; 326B.091; 326B.098; 326B.13,
1.10subdivision 8; 326B.148, subdivision 1; 326B.42, subdivisions 8, 9, 10, by
1.11adding subdivisions; 326B.435, subdivision 2; 326B.438; 326B.46, subdivisions
1.121, 1a, 1b, 2, 3; 326B.47, subdivisions 1, 3; 326B.49, subdivision 1; 326B.56,
1.13subdivision 1; 326B.58; 326B.82, subdivisions 2, 3, 7, 9; 326B.821, subdivisions
1.141, 5, 5a, 6, 7, 8, 9, 10, 11, 12, 15, 16, 18, 19, 20, 22, 23; 326B.865; 326B.89,
1.15subdivisions 6, 8; 327.32, subdivisions 1a, 1b, 1e, 1f, 7; 327.33, subdivision 2;
1.16327C.095, subdivision 12; 341.321; Laws 2009, chapter 78, article 1, section
1.1718; proposing coding for new law in Minnesota Statutes, chapters 116J; 326B;
1.18repealing Minnesota Statutes 2010, sections 326B.82, subdivisions 4, 6;
1.19326B.821, subdivision 3; Laws 2007, chapter 135, article 2, section 34.
1.20BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 The amounts shown in this section summarize direct appropriations, by fund, made
1.26in this article.
2.4 The sums shown in the columns marked "Appropriations" are appropriated to the
2.5agencies and for the purposes specified in this article. The appropriations are from the
2.6general fund, or another named fund, and are available for the fiscal years indicated
2.7for each purpose. The figures "2012" and "2013" used in this article mean that the
2.8appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.9June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.10year 2013. "The biennium" is fiscal years 2012 and 2013.
2.24The amounts that may be spent for each
2.25purpose are specified in the following
2.26subdivisions.
2.34(a) $700,000 the first year and $700,000 the
2.35second year are from the remediation fund for
2.36contaminated site cleanup and development
3.1grants under Minnesota Statutes, section
3.2116J.554. This appropriation is available
3.3until expended.
3.4(b) $1,022,000 the first year and $1,022,000
3.5the second year are from the general fund for
3.6contaminated site cleanup and development
3.7grants under Minnesota Statutes, section
3.8116J.554. The base funding for this program
3.9is $1,272,000 each year beginning in fiscal
3.10year 2014 and thereafter.
3.11(c) $150,000 the first year is from the general
3.12fund for a grant to WomenVenture for
3.13women's business development programs
3.14and for programs that encourage and assist
3.15women to enter nontraditional careers in the
3.16trades; manual and technical occupations;
3.17science, technology, engineering, and
3.18mathematics-related occupations; and green
3.19jobs. This appropriation may be matched
3.20dollar for dollar with any resources available
3.21from the federal government for these
3.22purposes with priority given to initiatives
3.23that have a goal of increasing by at least ten
3.24percent the number of women in occupations
3.25where women currently comprise less than
3.2625 percent of the workforce. This is a
3.27onetime appropriation.
3.28(d) $79,000 the first year is from the general
3.29fund and $50,000 the first year is from the
3.30workforce development fund for a grant to
3.31the Metropolitan Economic Development
3.32Association for continuing minority business
3.33development programs in the metropolitan
3.34area. This appropriation must be used for the
3.35sole purpose of providing free or reduced
4.1fee business consulting services to minority
4.2entrepreneurs and contractors. This is a
4.3onetime appropriation.
4.4(e)(1) $356,000 the first year is a onetime
4.5appropriation from the general fund for a
4.6grant to BioBusiness Alliance of Minnesota
4.7for bioscience business development
4.8programs to promote and position the state
4.9as a global leader in bioscience business
4.10activities. These funds may be used to create,
4.11recruit, retain, and expand biobusiness
4.12activity in Minnesota; implement the
4.13destination 2025 statewide plan; update
4.14a statewide assessment of the bioscience
4.15industry and the competitive position of
4.16Minnesota-based bioscience businesses
4.17relative to other states and other nations;
4.18and develop and implement business and
4.19scenario-planning models to create, recruit,
4.20retain, and expand biobusiness activity in
4.21Minnesota.
4.22(2) The BioBusiness Alliance must report
4.23each year by February 15 to the committees
4.24of the house of representatives and the senate
4.25having jurisdiction over bioscience industry
4.26activity in Minnesota on the use of funds;
4.27the number of bioscience businesses and
4.28jobs created, recruited, retained, or expanded
4.29in the state since the last reporting period;
4.30the competitive position of the biobusiness
4.31industry; and utilization rates and results of
4.32the business and scenario-planning models
4.33and outcomes resulting from utilization of
4.34the business and scenario-planning models.
5.1(f) $37,000 the first year is from the general
5.2fund for a grant to the Minnesota Inventors
5.3Congress, of which at least $3,700 must be
5.4used for youth inventors. This is a onetime
5.5appropriation.
5.6(g)(1) $100,000 the first year is from the
5.7workforce development fund for a grant
5.8under Minnesota Statutes, section 116J.421,
5.9to the Rural Policy and Development
5.10Center at St. Peter, Minnesota. The grant
5.11shall be used for research and policy
5.12analysis on emerging economic and social
5.13issues in rural Minnesota, to serve as a
5.14policy resource center for rural Minnesota
5.15communities, to encourage collaboration
5.16across higher education institutions, to
5.17provide interdisciplinary team approaches
5.18to research and problem-solving in rural
5.19communities, and to administer overall
5.20operations of the center. This is a onetime
5.21appropriation.
5.22(2) The grant shall be provided upon the
5.23condition that each state-appropriated
5.24dollar be matched with a nonstate dollar.
5.25Acceptable matching funds are nonstate
5.26contributions that the center has received and
5.27have not been used to match previous state
5.28grants. Any funds not spent the first year are
5.29available the second year.
5.30(h) $189,000 the first year is from
5.31the workforce development fund for
5.32entrepreneur and small business development
5.33direct professional business assistance in
5.34Blue Earth, Brown, Faribault, Le Sueur,
5.35Martin, Nicollet, Sibley, Watonwan, and
6.1Waseca Counties. These services must
6.2include, but are not limited to, preventure
6.3assistance for individuals considering
6.4starting a business. Funds must be awarded
6.5to an organization or organizations that can
6.6demonstrate leverage of at least an equal
6.7amount of federal funds. Any balance in the
6.8first year does not cancel but is available in
6.9the second year. The grant recipient must
6.10report to the commissioner by February 1
6.11of each year that the organization receives
6.12a grant with the number of customers
6.13served; the amount of direct consulting hours
6.14delivered; the number of new businesses
6.15started; the amount of capital accessed for
6.16business start-up or expansion; and the
6.17number of jobs created and retained in each
6.18county. The commissioner must report to
6.19the house of representatives and senate
6.20committees with jurisdiction over economic
6.21development finance on the effectiveness
6.22of these programs for assisting in the
6.23development of entrepreneurs and small
6.24businesses. This is a onetime appropriation.
6.25(i) $757,000 the second year is from the
6.26general fund and $339,000 the second year
6.27is from the workforce development fund for
6.28the business development competitive grant
6.29pilot program.
6.30(1) The commissioner shall develop and
6.31implement a competitive grant program
6.32for business development assistance
6.33and services including, but not limited
6.34to: minority business development,
6.35women's business development, rural
6.36business development, bioscience business
7.1development, entrepreneur development,
7.2and services to inventors. Of this amount,
7.3up to five percent is for administration and
7.4monitoring of the business development
7.5competitive grant program.
7.6(2) The commissioner must report to the
7.7legislative committees having jurisdiction
7.8over economic development issues by
7.9January 10 each year on the following:
7.10methodologies and processes for soliciting
7.11and evaluating grant proposals; criteria and
7.12methodology for selecting grant recipients;
7.13methods and procedures for monitoring the
7.14use of grant awards including expenditures
7.15for administrative expenses by grant
7.16recipients; and methods for measuring
7.17outcomes and accomplishments of grant
7.18recipients including but not limited to the
7.19total number of new jobs created by each
7.20grant recipient, average wage of new jobs
7.21created, amount of private funds leveraged,
7.22number of new businesses created and the
7.23number of new jobs per business, return
7.24on investment to the state, and ongoing
7.25solicitation and feedback from interested
7.26parties regarding ongoing improvement
7.27and enhancement to the competitive grant
7.28program. The commissioner must also report
7.29on department expenditures related to the
7.30administration and monitoring of grants
7.31under this subdivision.
7.32(j) $1,492,000 each year is from the general
7.33fund for the Minnesota Trade Office.
7.34(k) $3,000,000 the first year is from the
7.35general fund for the Minnesota investment
8.1fund under Minnesota Statutes, section
8.2116J.8731. This is a onetime appropriation
8.3and is available until spent.
8.4(l) $2,000,000 the first year is from the
8.5general fund for grants under Minnesota
8.6Statutes, section 116J.571, for the
8.7redevelopment program. This is a onetime
8.8appropriation and is available until spent.
8.9(m) $135,000 the first year is from the general
8.10fund for a grant to Advocating Change
8.11Together for training, technical assistance,
8.12and resource materials for persons with
8.13developmental and mental illness disabilities.
8.14This is a onetime appropriation.
8.15(n) $250,000 each year is from the general
8.16fund for a grant to Enterprise Minnesota, Inc.,
8.17for the small business growth acceleration
8.18program under Minnesota Statutes, section
8.19116O.115. This is a onetime appropriation.
8.25(a) $4,196,000 each year is from the general
8.26fund for the Minnesota job skills partnership
8.27program under Minnesota Statutes, sections
8.28116L.01 to 116L.17. If the appropriation for
8.29either year is insufficient, the appropriation
8.30for the other year is available. This
8.31appropriation is available until spent.
8.32(b) $10,800,000 each year is from the general
8.33fund for the state's vocational rehabilitation
8.34program under Minnesota Statutes, chapter
8.35268A.
9.1(c) $5,928,000 each year is from the general
9.2fund for the state services for the blind
9.3activities.
9.4(d) $2,261,000 each year is from the general
9.5fund for grants to centers for independent
9.6living under Minnesota Statutes, section
9.7268A.11.
9.8(e) $315,000 the first year is from the general
9.9fund and $105,000 the first year is from the
9.10workforce development fund for a grant
9.11under Minnesota Statutes, section 116J.8747,
9.12to Twin Cities RISE! to provide training to
9.13hard-to-train individuals. This is a onetime
9.14appropriation.
9.15(f) $135,000 the first year is from the general
9.16fund and $50,000 the first year is from the
9.17workforce development fund for a grant
9.18to Northern Connections in Perham to
9.19implement and operate a workforce program
9.20that provides one-stop supportive services
9.21to individuals as they transition into the
9.22workforce. This is a onetime appropriation.
9.23(g) $5,245,000 each year is from the general
9.24fund and $6,830,000 each year is from the
9.25workforce development fund for extended
9.26employment services for persons with severe
9.27disabilities or related conditions under
9.28Minnesota Statutes, section 268A.15. Of
9.29the general fund appropriation, $125,000
9.30each year is to supplement funds paid for
9.31wage incentives for the community support
9.32fund established in Minnesota Rules, part
9.333300.2045. Notwithstanding Minnesota
9.34Rules, parts 3300.2030 to 3300.2055, the
9.35commissioner may adjust contracts with
10.1eligible extended employment providers in
10.2order to achieve required reductions through
10.3June 30, 2013.
10.4(h) $1,555,000 each year is from the general
10.5fund for grants to programs that provide
10.6employment support services to persons with
10.7mental illness under Minnesota Statutes,
10.8sections 268A.13 and 268A.14. Grants
10.9may be used for special projects for young
10.10people with mental illness transitioning from
10.11school to work and people with serious
10.12mental illness receiving services through
10.13a mental health court or civil commitment
10.14court. Special projects must demonstrate
10.15interagency collaboration.
10.16(i) $130,000 the first year is from the general
10.17fund and $175,000 the first year is from the
10.18workforce development fund for a grant
10.19under Minnesota Statutes, section 268A.03,
10.20to Rise, Inc. for the Minnesota Employment
10.21Center for People Who are Deaf or Hard
10.22of Hearing. Money not expended the first
10.23year is available the second year. This is a
10.24onetime appropriation.
10.25(j) $90,000 the first year is from the general
10.26fund and $200,000 the first year is from the
10.27workforce development fund for a grant to
10.28Lifetrack Resources for its immigrant and
10.29refugee collaborative program, including
10.30those related to job-seeking skills and
10.31workplace orientation, intensive job
10.32development, functional work English, and
10.33on-site job coaching. This appropriation may
10.34also be used in Rochester. This is a onetime
10.35appropriation.
11.1(k) $1,375,000 the first year is from the
11.2workforce development fund for the
11.3Opportunities Industrialization Center
11.4programs. The OIC State Council must
11.5not be colocated with the Department of
11.6Employment and Economic Development.
11.7Of this amount, $3,000 may be used for
11.8relocation expenses. This is a onetime
11.9appropriation.
11.10(l) $160,000 the first year is from the general
11.11fund for a grant to Minnesota Diversified
11.12Industries, Inc., to provide progressive
11.13development and employment opportunities
11.14for people with disabilities. This is a onetime
11.15appropriation.
11.16(m) $830,000 the second year is from the
11.17general fund and $1,905,000 the second year
11.18is from the workforce development fund for
11.19the adult workforce development competitive
11.20grant pilot program.
11.21(1) The commissioner in consultation with
11.22the Governor's Workforce Development
11.23Council shall develop and implement
11.24a competitive grant program for adult
11.25workforce development activities including,
11.26but not limited to: job training, job search,
11.27job placement, preemployment and job
11.28readiness skills, progressive development
11.29and employment opportunities for people
11.30with disabilities, employment services
11.31targeted to people who are deaf or hard of
11.32hearing, and transition to work from public
11.33assistance. Of this amount, up to five percent
11.34is for administration and monitoring of the
12.1adult workforce development competitive
12.2grant pilot program.
12.3(2) The commissioner must report to the
12.4legislative committees having jurisdiction
12.5over economic development issues by
12.6January 10 each year on the following:
12.7methodologies and processes for soliciting
12.8and evaluating grant proposals; criteria and
12.9methodology for selecting grant recipients;
12.10methods and procedures for monitoring the
12.11use of grant awards including expenditures
12.12for administrative expenses by grant
12.13recipients; and methods for measuring
12.14outcomes and accomplishments of grant
12.15recipients including but not limited to the
12.16total number of job placements by each grant
12.17recipient, average wage of jobs in which
12.18clients served by grant recipients are placed,
12.19specific job skills developed and measures
12.20of improved employability or employment
12.21opportunities by the clients of the grant
12.22recipients, amount of private funds leveraged,
12.23return on investment to the state, and ongoing
12.24solicitation and feedback from interested
12.25parties regarding ongoing improvement
12.26and enhancement to the competitive grant
12.27program. The commissioner must also report
12.28on department expenditures related to the
12.29administration and monitoring of grants
12.30under this subdivision.
12.31(n) $3,500,000 each year is from the
12.32workforce development fund for the
12.33Minnesota youth program under Minnesota
12.34Statutes, sections 116L.56 and 116L.561.
13.1(o) $900,000 the first year is a onetime
13.2appropriation from the workforce
13.3development fund for grants for the
13.4Minneapolis summer youth employment
13.5program. The commissioner shall establish
13.6criteria for awarding the grant.
13.7(p) $300,000 the first year is from the
13.8workforce development fund for a grant to
13.9the Minneapolis learn-to-earn summer youth
13.10employment program. This is a onetime
13.11appropriation.
13.12(q) $750,000 the first year is a onetime
13.13appropriation from the workforce
13.14development fund for a grant to the
13.15Minnesota Alliance of Boys and Girls
13.16Clubs to administer a statewide project
13.17of youth jobs skills development. This
13.18project, which may have career guidance
13.19components, including health and life skills,
13.20is to encourage, train, and assist youth in
13.21job-seeking skills, workplace orientation,
13.22and job site knowledge through coaching.
13.23This grant requires a 25 percent match from
13.24nonstate resources.
13.25(r) $558,000 the first year is a onetime
13.26appropriation from the workforce
13.27development fund for grants to fund summer
13.28youth employment in St. Paul. The
13.29commissioner shall establish criteria for
13.30awarding the grant.
13.31(s) $1,000,000 each year is from the
13.32workforce development fund for the
13.33youthbuild program under Minnesota
13.34Statutes, sections 116L.361 to 116L.366.
14.1(t) $340,000 the first year is a onetime
14.2appropriation from the workforce
14.3development fund for grants to provide
14.4interpreters for a regional transition program
14.5that specializes in providing culturally
14.6appropriate transition services leading to
14.7employment for deaf, hard-of-hearing, and
14.8deafblind students.
14.9(u) $2,848,000 the second year is from the
14.10workforce development fund for the youth
14.11workforce development competitive grant
14.12pilot program.
14.13(1) The commissioner in consultation with
14.14the Governor's Workforce Development
14.15Council shall develop and implement a
14.16competitive grant program to provide
14.17workforce development activities and
14.18training to youth in Minnesota. Of
14.19this amount, up to five percent is for
14.20administration and monitoring of the youth
14.21workforce development competitive grant
14.22pilot program.
14.23(2) The commissioner must report to the
14.24legislative committees having jurisdiction
14.25over economic development issues by
14.26January 10 each year on the following:
14.27methodologies and processes for soliciting
14.28and evaluating grant proposals; criteria and
14.29methodology for selecting grant recipients;
14.30methods and procedures for monitoring the
14.31use of grant awards including expenditures
14.32for administrative expenses by grant
14.33recipients; and methods for measuring
14.34outcomes and accomplishments of grant
14.35recipients including but not limited to the
15.1total number of youth served by each grant
15.2recipient, number of job placements, job
15.3search, training or placement services,
15.4education or other employment-related
15.5services, preemployment skill development,
15.6average wage of jobs, amount of private
15.7funds leveraged, return on investment
15.8to the state, and ongoing solicitation
15.9and feedback from interested parties
15.10regarding ongoing improvement and
15.11enhancement to the competitive grant
15.12program. The commissioner must also report
15.13on department expenditures related to the
15.14administration and monitoring of grants
15.15under this subdivision.
15.16(3) In awarding grants under this subdivision,
15.17consideration must be given to programs that
15.18target deaf, hard of hearing, and deaf/blind
15.19students.
15.22An organization that receives a direct
15.23appropriation under this section is not
15.24eligible to participate in competitive grant
15.25programs established under this section
15.26during the fiscal years in which the direct
15.27appropriations are received.
15.30The amounts that may be spent for each
15.31purpose are specified in the following
15.32subdivisions.
15.33This appropriation is for transfer to the
15.34housing development fund for the programs
16.1specified. Except as otherwise indicated, this
16.2transfer is part of the agency's permanent
16.3budget base.
16.5For the economic development and housing
16.6challenge program under Minnesota
16.7Statutes, section 462A.33. Of this amount,
16.8$1,208,000 each year shall be made available
16.9during the first eight months of the fiscal
16.10year exclusively for housing projects for
16.11American Indians. Any funds not committed
16.12to housing projects for American Indians in
16.13the first eight months of the fiscal year shall
16.14be available for any eligible activity under
16.15Minnesota Statutes, section 462A.33.
16.17For deposit in the housing trust fund account,
16.18for the purposes provided under Minnesota
16.19Statutes, section 462A.201.
16.21For the rental housing assistance program for
16.22persons with a mental illness or families with
16.23an adult member with a mental illness under
16.24Minnesota Statutes, section462A.2097 .
16.26For the family homeless prevention and
16.27assistance programs under Minnesota
16.28Statutes, section462A.204 .
16.30For the home ownership assistance program
16.31under Minnesota Statutes, section 462A.21,
16.32subdivision 8.
17.1(a) For the affordable rental investment fund
17.2program under Minnesota Statutes, section
17.3462A.21, subdivision 8b . The appropriation
17.4is to finance the acquisition, rehabilitation,
17.5and debt restructuring of federally assisted
17.6rental property and for making equity
17.7take-out loans under Minnesota Statutes,
17.8section 462A.05, subdivision 39.
17.9(b) The owner of federally assisted rental
17.10property must agree to participate in
17.11the applicable federally assisted housing
17.12program and to extend any existing
17.13low-income affordability restrictions on the
17.14housing for the maximum term permitted.
17.15The owner must also enter into an agreement
17.16that gives local units of government,
17.17housing and redevelopment authorities,
17.18and nonprofit housing organizations the
17.19right of first refusal if the rental property
17.20is offered for sale. Priority must be given
17.21among comparable federally assisted rental
17.22properties to properties with the longest
17.23remaining term under an agreement for
17.24federal assistance. Priority must also be
17.25given among comparable rental housing
17.26developments to developments that are or
17.27will be owned by local government units, a
17.28housing and redevelopment authority, or a
17.29nonprofit housing organization.
17.30(c) The appropriation also may be used to
17.31finance the acquisition, rehabilitation, and
17.32debt restructuring of existing supportive
17.33housing properties. For purposes of this
17.34subdivision, "supportive housing" means
17.35affordable rental housing with links to
17.36services necessary for individuals, youth, and
18.1families with children to maintain housing
18.2stability.
18.4For the housing rehabilitation program
18.5under Minnesota Statutes, section462A.05 ,
18.6subdivision 14, for rental housing
18.7developments.
18.10For the homeownership education,
18.11counseling, and training program under
18.12Minnesota Statutes, section462A.209 .
18.13Notwithstanding Minnesota Statutes, section
18.14462A.209, subdivision 7, paragraph (b),
18.15more than one-half of the funds awarded
18.16for foreclosure prevention and assistance
18.17activities may be used for mortgage or
18.18financial counseling services.
18.20For nonprofit capacity-building grants
18.21under Minnesota Statutes, section 462A.21,
18.22subdivision 3b.
18.33The amounts that may be spent for each
18.34purpose are specified in the following
18.35subdivisions.
19.2This appropriation is from the workers'
19.3compensation fund.
19.4$200,000 each year is for grants to the
19.5Vinland Center for rehabilitation services.
19.6Grants shall be distributed as the department
19.7refers injured workers to the Vinland Center
19.8for rehabilitation services.
19.14(a) $817,000 each year is from the
19.15general fund for the labor standards and
19.16apprenticeship program.
19.17(b) $879,000 each year is appropriated from
19.18the workforce development fund for the
19.19apprenticeship program under Minnesota
19.20Statutes, chapter 178, and includes $100,000
19.21for labor education and advancement
19.22program grants and to expand and promote
19.23registered apprenticeship training in
19.24nonconstruction trade programs.
19.25(c) $150,000 each year is appropriated
19.26from the workforce development fund for
19.27prevailing wage enforcement.
19.29This appropriation is from the workers'
19.30compensation fund.
20.1The amounts that may be spent for each
20.2purpose are specified in the following
20.3subdivisions.
20.7$68,000 each year is for grants to area labor
20.8management committees. Grants may be
20.9awarded for a 12-month period beginning
20.10July 1 each year. Any unencumbered balance
20.11remaining at the end of the first year does not
20.12cancel but is available for the second year.
20.15This appropriation is from the workers'
20.16compensation fund.
20.28The unexpended balance as of June 30,
20.292011, estimated to be $1,575,000, of funds
20.30collected for unemployment insurance state
20.31administration under Minnesota Statutes,
21.1section 268.18, is transferred to the general
21.2fund before the closing of fiscal year 2011.
21.3In fiscal years 2012 and 2013, the
21.4unexpended balance of funds collected for
21.5unemployment insurance state administration
21.6under Minnesota Statutes, section 268.18,
21.7estimated to be $900,000 each year, is
21.8transferred to the general fund before the
21.9closing of each fiscal year.
21.10The deposits in each year of the biennium
21.11into the contingent account created under
21.12Minnesota Statutes, section 268.199,
21.13estimated to be $6,450,000 each year, shall
21.14be transferred before the closing of each
21.15fiscal year to the general fund.
21.18 Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
21.19subdivision to read:
21.20 Subd. 7. Monitoring pass-through grant recipients. The commissioner shall
21.21monitor the activities and outcomes of programs and services funded by legislative
21.22appropriations and administered by the department on a pass-through basis. Unless
21.23amounts are otherwise appropriated for administrative costs, the commissioner may
21.24retain up to five percent of the amount appropriated to the department for grants to
21.25pass-through entities. Amounts retained are deposited to a special revenue account and
21.26are appropriated to the commissioner for costs incurred in administering and monitoring
21.27the pass-through grants.
21.28 Sec. 2. Minnesota Statutes 2010, section 116J.551, subdivision 1, is amended to read:
21.29 Subdivision 1. Grant account. A contaminated site cleanup and development grant
21.30account is created in the special revenue fund, general fund, petroleum tank fund, and
21.31remediation fund. Money inthe any account may be used, as appropriated by law, to make
21.32grants as provided in section116J.554 and to pay for the commissioner's costs in reviewing
22.1applications and making grants. Notwithstanding section16A.28 , money appropriated to
22.2theaccount accounts for this program from any source is available until spent.
22.3EFFECTIVE DATE.This section is effective retroactively from July 1, 2010.
22.4 Sec. 3. [116J.881] SMALL BUSINESS LOAN GUARANTEE PROGRAM.
22.5 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
22.6have the meanings given.
22.7(b) "Borrower" means a small business receiving an eligible loan under this section.
22.8(c) "Commissioner" means the commissioner of employment and economic
22.9development.
22.10(d) "Eligible loan" means a loan to a small business to be used for business
22.11purposes exclusively in Minnesota, including: construction; remodeling or renovation;
22.12leasehold improvements; the purchase of land and buildings; business acquisitions,
22.13including employee stock ownership plan financing; machinery or equipment purchases,
22.14maintenance, or repair; expenses related to moving into or within Minnesota; and working
22.15capital when the working capital is secured by fixed assets.
22.16(e) "Loan guarantee" means a guarantee of 70 percent of the loan amount provided
22.17by a QED lender. The guaranteed portion of the loan must not exceed $1,500,000.
22.18(f) "Loan guarantee trust fund" means a dedicated fund established under this
22.19section for the purpose of compensation for defaulted loan guarantees and for program
22.20administration.
22.21(g) "Loan purchaser" means an institutional investor that purchases, holds, and
22.22services small business loans on a nonrecourse basis from QED lenders participating in
22.23the small business loan guarantee program.
22.24(h) "Qualified economic development lender" or "QED lender" means a public entity
22.25or a private nonprofit economic development organization whose headquarters is located
22.26in Minnesota with not less than three years of active lending experience that provides
22.27financing to small businesses in partnership with banks and other commercial lenders, and
22.28that originates subordinated loans to small businesses for sale to the secondary market.
22.29(i) "Secondary market" means the market in which loans are sold to investors, either
22.30directly or through an intermediary.
22.31(j) "Small business" means a business employing no more than 500 persons in
22.32Minnesota.
22.33(k) "Subordinated loan" means a loan secured by a lien that is lower in priority than
22.34one or more specified other liens.
23.1 Subd. 2. Loan guarantee program. A small business loan guarantee program to
23.2support the origination and sale of eligible subordinated loans to the secondary market by
23.3providing a credit enhancement in the form of a partial guarantee of small business loans
23.4that are made to Minnesota businesses by a QED lender is created in the Department of
23.5Employment and Economic Development. A loan guarantee shall be provided for eligible
23.6loans under this section only when a bank or other commercial lender provides at least 50
23.7percent of the total amount loaned to the small business. The loan guarantee shall apply
23.8only to the portion of the loan that was made by the QED lender.
23.9 Subd. 3. Required provisions. Loan guarantees under this section for loans to be
23.10sold on the secondary market by QED lenders shall provide that:
23.11(1) principal and interest payments made by the borrower under the terms of the loan
23.12are applied by the loan purchaser to reduce the guaranteed and nonguaranteed portion of
23.13the loan on a proportionate basis. The nonguaranteed portion shall not receive preferential
23.14treatment over the guaranteed portion;
23.15(2) the loan purchaser shall not accelerate repayment of the loan or exercise other
23.16remedies if the borrower defaults, unless:
23.17(i) the borrower fails to make a required payment of principal or interest;
23.18(ii) the commissioner consents in writing; or
23.19(iii) the loan guarantee agreement provides for accelerated repayment or other
23.20remedies.
23.21 In the event of a default, the loan purchaser may not make a demand for payment
23.22pursuant to the guarantee unless the commissioner agrees in writing that the default has
23.23materially affected the rights or security of the parties, and finds that the loan purchaser is
23.24entitled to receive payment pursuant to the loan guarantee;
23.25(3) there is a written commitment from one or more secondary market investors to
23.26purchase the loan, subject to the provision of a state loan guarantee;
23.27(4) the QED lender has timely prepared and delivered to the commissioner, annually
23.28by the date specified in the loan guarantee, an audited or reviewed financial statement
23.29for the loan, prepared by a certified public accountant according to generally accepted
23.30accounting principles, and documentation that the borrower used the loan proceeds solely
23.31for purposes of its Minnesota operations;
23.32(5) the commissioner has access to the original loan documents prior to approval of
23.33the state credit enhancement to facilitate the sale of the loan to the secondary market;
23.34(6) the QED lender maintains adequate records and documents concerning the
23.35original loan so that the commissioner may determine the borrower's financial condition
23.36and compliance with program requirements; and
24.1(7) orderly liquidation of collateral securing the original loan is provided for in
24.2the event of default, with an option on the part of the commissioner to acquire the loan
24.3purchaser's interest in the assets pursuant to the loan guarantee.
24.4 Subd. 4. Loan guarantee trust fund established. A loan guarantee trust fund
24.5account in the special revenue fund is created in the state treasury to pay for defaulted
24.6loan guarantees. The commissioner shall administer this fund and provide annual reports
24.7concerning the performance of the fund to the chairs of the standing committees of the
24.8house of representatives and senate having jurisdiction over economic development issues.
24.9 Subd. 5. Limitation. At no time shall total outstanding loan guarantees for loans
24.10sold to the secondary market exceed five times the amount on deposit in the loan guarantee
24.11trust fund.
24.12 Subd. 6. Guarantee fee. Participating QED lenders shall pay a fee to the fund of
24.130.25 percent of the principal amount of each guaranteed loan upon approval of each loan
24.14guarantee. The guarantee fee, along with any interest earnings from the trust fund, shall
24.15be used only for the administration of the small business loan guarantee program and
24.16as additional loan loss reserves.
24.17 Subd. 7. Loan guarantee application. The commissioner shall prepare a form for
24.18QED lenders to use in applying for loan guarantees under this section. The form shall
24.19include the following information:
24.20(1) the name and contact information for the QED lender, including the name and
24.21title of a contact person;
24.22(2) the names of the financial institutions, including the names and titles of contact
24.23persons, that are participating in the total financing being provided to the small business
24.24borrower, along with the dollar amount of the loan provided by the financial institution;
24.25(3) the percentage and dollar amount of the subordinated debt loan provided to the
24.26Minnesota small business by the QED lender; and
24.27(4) the loan guarantee amount that is requested from the program.
24.28 Subd. 8. Notice and application process. Subject to the availability of funds under
24.29subdivision 4, the commissioner shall publish a notice regarding the opportunity for QED
24.30lenders to originate loans for which the loan guarantee may be secured as the loans are
24.31prepared for sale to the secondary market. The commissioner shall decide whether to
24.32provide a loan guarantee for each loan based on:
24.33(1) the completeness of the loan guarantee application;
24.34(2) the availability of funds in the loan guarantee trust fund; and
24.35(3) execution of agreements that satisfy requirements established in subdivision 3.
25.1 Sec. 4. Minnesota Statutes 2010, section 268A.15, subdivision 4, is amended to read:
25.2 Subd. 4. Evaluation. The commissioner of employment and economic development
25.3shall evaluate the extended employment program to determine whether the purpose of
25.4extended employment as defined in subdivision 2 is being achieved. The evaluation
25.5must include information for the preceding funding year derived from the independent
25.6compliance audits of extended employment service providers submitted to the department
25.7on or before October 31 of each year. The evaluation must include an assessment
25.8of whether workers in the extended employment program are satisfied with their
25.9employment. A written report of this evaluation must be prepared at least every two years
25.10and made available to the public.
25.11 Sec. 5. Minnesota Statutes 2010, section 341.321, is amended to read:
25.12341.321 FEE SCHEDULE.
25.13 (a) The fee schedule for professional licenses issued by the commission is as follows:
25.14 (1) referees,$25 $45 for each initial license and each renewal;
25.15 (2) promoters, $400 for each initial license and each renewal;
25.16 (3) judges and knockdown judges,$25 $45 for each initial license and each renewal;
25.17 (4) trainers,$25 $45 for each initial license and each renewal;
25.18 (5) ring announcers,$25 $45 for each initial license and each renewal;
25.19 (6) seconds,$25 $45 for each initial license and each renewal;
25.20 (7) timekeepers,$25 $45 for each initial license and each renewal;
25.21 (8) combatants,$25 $45 for each initial license and each renewal;
25.22 (9) managers,$25 $45 for each initial license and each renewal; and
25.23 (10) ringside physicians,$25 $45 for each initial license and each renewal.
25.24In addition to the license fee and the late filing penalty fee in section341.32, subdivision
25.252, if applicable, an individual who applies for a combatant professional license on the
25.26same day the combative sporting event is held shall pay a late fee of $100 plus the original
25.27license fee of $45 at the time the application is submitted.
25.28 (b) The fee schedule for amateur licenses issued by the commission is as follows:
25.29 (1) referees,$10 $45 for each initial license and each renewal;
25.30 (2) promoters,$100 $400 for each initial license and each renewal;
25.31 (3) judges and knockdown judges,$10 $45 for each initial license and each renewal;
25.32 (4) trainers,$10 $45 for each initial license and each renewal;
25.33 (5) ring announcers,$10 $45 for each initial license and each renewal;
25.34 (6) seconds,$10 $45 for each initial license and each renewal;
25.35 (7) timekeepers,$10 $45 for each initial license and each renewal;
26.1 (8) combatant,$10 $25 for each initial license and each renewal;
26.2 (9) managers,$10 $45 for each initial license and each renewal; and
26.3 (10) ringside physicians,$10 $45 for each initial license and each renewal.
26.4 (c) The commission shall establish a contest fee for each combative sport contest.
26.5The professional combative sport contest fee is $1,500 per event or not more than four
26.6percent of the gross ticket sales, whichever is greater, as determined by the commission
26.7when the combative sport contest is scheduled, except that the amateur combative sport
26.8contest fee shall be$150 $500 or not more than four percent of the gross ticket sales,
26.9whichever is greater. The commission shall consider the size and type of venue when
26.10establishing a contest fee. The commission may establish the maximum number of
26.11complimentary tickets allowed for each event by rule.An A professional or amateur
26.12combative sport contest fee is nonrefundable.
26.13 (d) All fees and penalties collected by the commission must be deposited in the
26.14commission account in the special revenue fund.
26.15 Sec. 6. Laws 2009, chapter 78, article 1, section 18, is amended to read:
26.18This is a onetime appropriation. The
26.19Combative Sports Commission expires on
26.20July 1, 2011, unless the commissioner of
26.21finance determines that the commission's
26.22projected expenditures for the fiscal biennium
26.23ending June 30, 2013, will not exceed the
26.24commission's projected revenues for the
26.25fiscal biennium ending June 30, 2013, from
26.26fees and penalties authorized in Minnesota
26.27Statutes 2008, chapter 341.
26.28 Sec. 7. REPEALER.
26.29Laws 2007, chapter 135, article 2, section 34, is repealed.
26.32 Section 1. Minnesota Statutes 2010, section 181.723, subdivision 5, is amended to read:
27.1 Subd. 5. Application. To obtain an independent contractor exemption certificate,
27.2the individual must submit, in the manner prescribed by the commissioner, a complete
27.3application and the certificate fee required under subdivision 14.
27.4 (a) A complete application must include all of the following information:
27.5 (1) the individual's full name;
27.6 (2) the individual's residence address and telephone number;
27.7 (3) the individual's business name, address, and telephone number;
27.8 (4) the services for which the individual is seeking an independent contractor
27.9exemption certificate;
27.10 (5) the individual's Social Security number;
27.11 (6) the individual's or the individual's business federal employer identification
27.12number, if a number has been issued to the individual or the individual's business;
27.13 (7) any information or documentation that the commissioner requires by rule that
27.14will assist the department in determining whether to grant or deny the individual's
27.15application; and
27.16 (8) the individual's sworn statement that the individual meets all of the following
27.17conditions:
27.18 (i) maintains a separate business with the individual's own office, equipment,
27.19materials, and other facilities;
27.20 (ii) holds or has applied for a federal employer identification number or has filed
27.21business or self-employment income tax returns with the federal Internal Revenue Service
27.22if the person has performed services in the previous year for which the individual is
27.23seeking the independent contractor exemption certificate;
27.24 (iii) operates under contracts to perform specific services for specific amounts of
27.25money and under which the individual controls the means of performing the services;
27.26 (iv) incurs the main expenses related to the service that the individual performs
27.27under contract;
27.28 (v) is responsible for the satisfactory completion of services that the individual
27.29contracts to perform and is liable for a failure to complete the service;
27.30 (vi) receives compensation for service performed under a contract on a commission
27.31or per-job or competitive bid basis and not on any other basis;
27.32 (vii) may realize a profit or suffer a loss under contracts to perform service;
27.33 (viii) has continuing or recurring business liabilities or obligations; and
27.34 (ix) the success or failure of the individual's business depends on the relationship of
27.35business receipts to expenditures.
28.1 (b) Individuals who are applying for or renewing a residential building contractor or
28.2residential remodeler license under sections326B.197, 326B.802, 326B.805, 326B.81,
28.3326B.815, 326B.821 to
326B.86, 326B.87 to
326B.885 , and
327B.041 , and any rules
28.4promulgated pursuant thereto, may simultaneously apply for or renew an independent
28.5contractor exemption certificate. The commissioner shall create an application form
28.6that allows for the simultaneous application for both a residential building contractor
28.7or residential remodeler license and an independent contractor exemption certificate.
28.8If individuals simultaneously apply for or renew a residential building contractor or
28.9residential remodeler license and an independent contractor exemption certificate using
28.10the form created by the commissioner, individuals shall only be required to provide, in
28.11addition to the information required by section326B.83 and rules promulgated pursuant
28.12thereto, the sworn statement required by paragraph (a), clause (8), and any additional
28.13information required by this subdivision that is not also required by section326B.83
28.14and any rules promulgated thereto.When individuals submit a simultaneous application
28.15on the form created by the commissioner for both a residential building contractor or
28.16residential remodeler license and an independent contractor exemption certificate, the
28.17application fee shall be $150. An independent contractor exemption certificate that is in
28.18effect before March 1, 2009, shall remain in effect until March 1, 2013, unless revoked by
28.19the commissioner or canceled by the individual.
28.20 (c) Within 30 days of receiving a complete application and the certificate fee, the
28.21commissioner must either grant or deny the application. The commissioner may deny
28.22an application for an independent contractor exemption certificate if the individual has
28.23not submitted a complete application and certificate fee or if the individual does not
28.24meet all of the conditions for holding the independent contractor exemption certificate.
28.25The commissioner may revoke an independent contractor exemption certificate if the
28.26commissioner determines that the individual no longer meets all of the conditions for
28.27holding the independent contractor exemption certificate, commits any of the actions
28.28set out in subdivision 7, or fails to cooperate with a department investigation into the
28.29continued validity of the individual's certificate. Once issued, an independent contractor
28.30exemption certificate remains in effect for four years unless:
28.31 (1) revoked by the commissioner; or
28.32 (2) canceled by the individual.
28.33 (d) If the department denies an individual's original or renewal application for
28.34an independent contractor exemption certificate or revokes an independent contractor
28.35exemption certificate, the commissioner shall issue to the individual an order denying or
28.36revoking the certificate. The commissioner may issue an administrative penalty order to
29.1an individual or person who commits any of the actions set out in subdivision 7. The
29.2commissioner may file and enforce the unpaid portion of a penalty as a judgment in
29.3district court without further notice or additional proceedings.
29.4 (e) An individual or person to whom the commissioner issues an order under
29.5paragraph (d) shall have 30 days after service of the order to request a hearing. The
29.6request for hearing must be in writing and must be served on or faxed to the commissioner
29.7at the address or facsimile number specified in the order by the 30th day after service of
29.8the order. If the individual does not request a hearing or if the individual's request for a
29.9hearing is not served on or faxed to the commissioner by the 30th day after service of the
29.10order, the order shall become a final order of the commissioner and will not be subject to
29.11review by any court or agency. The date on which a request for hearing is served by mail
29.12shall be the postmark date on the envelope in which the request for hearing is mailed. If
29.13the individual serves or faxes a timely request for hearing, the hearing shall be a contested
29.14case hearing and shall be held in accordance with chapter 14.
29.15 Sec. 2. Minnesota Statutes 2010, section 182.6553, subdivision 6, is amended to read:
29.16 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
29.17section sections 182.66 and
182.661 . A violation of this section is subject to the penalties
29.18provided under section182.666 .
29.19 Sec. 3. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
29.20 Subd. 2. Deposits. Unless otherwise specifically designated by law: (1) all money
29.21collected under sections144.122 , paragraph (f);
181.723 ;
326B.092 to 326B.096;
29.22326B.101 to
326B.194 ;
326B.197 ;
326B.32 to
326B.399 ;
326B.43 to
326B.49 ;
326B.52
29.23to326B.59 ;
326B.802 to
326B.885 ;
326B.90 to
326B.998 ;
327.31 to
327.36 ; and
29.24327B.01
to
327B.12 , except penalties, is credited to the construction code fund; (2) all
29.25fees collected undersection
45.23
29.26continuing education forresidential contractors, residential remodelers, and residential
29.27roofers any license, registration, or certificate issued pursuant to this chapter are credited
29.28to the construction code fund; and (3) all penalties assessed under the sections set forth
29.29in clauses (1) and (2) and all penalties assessed under sections144.99 to
144.993 in
29.30connection with any violation of sections326B.43 to
326B.49 or
326B.52 to
326B.59 or
29.31the rules adopted under those sections are credited to the assigned risk safety account
29.32established by section79.253 .
30.1 Sec. 4. Minnesota Statutes 2010, section 326B.091, is amended to read:
30.2326B.091 DEFINITIONS.
30.3 Subdivision 1. Applicability. For purposes of sections326B.091 to
326B.098
30.4326B.099, the terms defined in this section have the meanings given them.
30.5 Subd. 2. Applicant. "Applicant" means a person who has submitted to the
30.6department an application fora an initial or renewal license.
30.7 Subd. 3. License. "License" means any registration, certification, or other form
30.8of approval authorized by this chapter 326B and chapter 327B to be issued by the
30.9commissioner or department as a condition of doing business or conducting a trade,
30.10profession, or occupation in Minnesota. License includes specifically but not exclusively
30.11an authorization issued by the commissioner or department: to perform electrical work,
30.12plumbing or water conditioning work, high pressure piping work, or residential building
30.13work of a residential contractor, residential remodeler, or residential roofer; to install
30.14manufactured housing; to serve as a building official; or to operate a boiler or boat.
30.15 Subd. 4. Licensee. "Licensee" means the person named on the license as the person
30.16authorized to do business or conduct the trade, profession, or occupation in Minnesota.
30.17 Subd. 5. Notification date. "Notification date" means the date of the written
30.18notification from the department to an applicant that the applicant is qualified to take the
30.19examination required for licensure.
30.20 Subd. 5b. Qualifying individual. "Qualifying individual" means the individual
30.21responsible for obtaining continuing education on behalf of a residential building
30.22contractor, residential remodeler, or residential roofer licensed pursuant to sections
30.23326B.801 to 326B.885.
30.24 Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
30.25license, means 30 days before the date that the license expires.
30.26 Sec. 5. Minnesota Statutes 2010, section 326B.098, is amended to read:
30.27326B.098 CONTINUING EDUCATION.
30.28 Subdivision 1.Applicability Department seminars. This section applies to
30.29seminars offered by the department for the purpose ofallowing enabling licensees to meet
30.30continuing education requirements for license renewal.
30.31 Subd. 2. Rescheduling. An individual who is registered with the department to
30.32attend a seminar may reschedule one time only, to attend the same seminar on a date
30.33within one year after the date of the seminar the individual was registered to attend.
30.34 Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
30.35nonrefundable except for any overpayment of fees or if the department cancels the seminar.
31.1 Sec. 6. [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
31.2SEMINARS.
31.3This section applies to seminars that are offered by an entity other than the
31.4department for the purpose of enabling licensees to meet continuing education
31.5requirements for license renewal.
31.6 Sec. 7. Minnesota Statutes 2010, section 326B.13, subdivision 8, is amended to read:
31.7 Subd. 8. Effective date of rules. A rule to adopt or amend the State Building Code
31.8is effective 180 days afterthe filing of the rule with the secretary of state under section
31.914.16 or
14.26
31.10may provide for a later effective date. The rule may provide for an earlier effective date
31.11if the commissioner or board proposing the rule finds that an earlier effective date is
31.12necessary to protect public health and safety after considering, among other things, the
31.13need for time for training of individuals to comply with and enforce the rule.
31.14 Sec. 8. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
31.15 Subdivision 1. Computation. To defray the costs of administering sections
31.16326B.101
to
326B.194 , a surcharge is imposed on all permits issued by municipalities in
31.17connection with the construction of or addition or alteration to buildings and equipment or
31.18appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
31.19receipts to award grants for code research and development and education.
31.20 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
31.21one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
31.2230,2011 2013, the permit surcharge is equivalent to one-half mill (.0005) of the fee or $5,
31.23whichever amount is greater. For all other permits, the surcharge is as follows:
31.24 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
31.25surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
31.26or alteration;
31.27 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
31.28mill (.0004) of the value between $1,000,000 and $2,000,000;
31.29 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
31.30mill (.0003) of the value between $2,000,000 and $3,000,000;
31.31 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
31.32mill (.0002) of the value between $3,000,000 and $4,000,000;
31.33 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
31.34mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.1 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
32.2mill (.00005) of the value that exceeds $5,000,000.
32.3 Sec. 9. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
32.4to read:
32.5 Subd. 1b. Backflow prevention rebuilder. A "backflow prevention rebuilder" is an
32.6individual who is qualified by training prescribed by the Plumbing Board and possesses
32.7a master or journeyman plumber's license to engage in the testing, maintenance, and
32.8rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
32.9the plumbing code.
32.10 Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a
32.11subdivision to read:
32.12 Subd. 1c. Backflow prevention tester. A "backflow prevention tester" is an
32.13individual who is qualified by training prescribed by the Plumbing Board to engage in
32.14the testing of reduced pressure zone type backflow prevention assemblies as regulated by
32.15the plumbing code.
32.16 Sec. 11. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
32.17 Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
32.18whose responsiblelicensed plumber individual is a licensed master plumber.
32.19 Sec. 12. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
32.20 Subd. 9. Responsiblelicensed plumber individual. A contractor's "responsible
32.21licensed plumber individual" means the licensed master plumber or licensed restricted
32.22master plumber designated in writing by the contractor in the contractor's license
32.23application, or in another manner acceptable to the commissioner, as the individual
32.24responsible for the contractor's compliance with sections326B.41 to
326B.49 , all rules
32.25adopted under these sections and sections326B.50 to
326B.59 , and all orders issued
32.26under section326B.082 .
32.27 Sec. 13. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
32.28 Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
32.29means a licensed contractor whose responsiblelicensed plumber individual is a licensed
32.30restricted master plumber.
33.1 Sec. 14. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
33.2 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
33.3power to:
33.4 (1) elect its chair, vice-chair, and secretary;
33.5 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
33.6and containing such other provisions as may be useful and necessary for the efficient
33.7conduct of the business of the board;
33.8 (3) adopt the plumbing code that must be followed in this state and any plumbing
33.9code amendments thereto. The plumbing code shall include the minimum standards
33.10described in sections326B.43, subdivision 1 , and
326B.52, subdivision 1 . The board
33.11shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
33.12as provided in subdivision 6, paragraphs (b), (c), and (d);
33.13 (4) review requests for final interpretations and issue final interpretations as provided
33.14in section326B.127, subdivision 5 ;
33.15 (5) adopt rules that regulate the licensure, certification, or registration of plumbing
33.16contractors, journeymen, unlicensed individuals, master plumbers, restricted master
33.17plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention
33.18rebuilders and testers, water conditioning contractors, and water conditioning installers,
33.19and other persons engaged in the design, installation, and alteration of plumbing systems
33.20or engaged in or working at the business of water conditioning installation or service, or
33.21engaged in or working at the business of medical gas system installation, maintenance, or
33.22repair, except for those individuals licensed under section326.02, subdivisions 2 and 3.
33.23The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
33.246, paragraphs (e) and (f);
33.25(6) adopt rules that regulate continuing education for individuals licensed as master
33.26plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
33.27plumbers, water conditioning contractors, and water conditioning installers, and for
33.28individuals certified under sections 326B.437 and 326B.438. The board shall adopt these
33.29rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
33.30 (7) refer complaints or other communications to the commissioner, whether oral or
33.31written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
33.32order that the commissioner has the authority to enforce pertaining to code compliance,
33.33licensure, or an offering to perform or performance of unlicensed plumbing services;
33.34 (8) approve per diem and expenses deemed necessary for its members as provided in
33.35subdivision 3;
33.36 (9) approve license reciprocity agreements;
34.1 (10) select from its members individuals to serve on any other state advisory council,
34.2board, or committee; and
34.3 (11) recommend the fees for licenses, registrations, and certifications.
34.4Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
34.5Board of High Pressure Piping Systems, the commissioner of labor and industry shall
34.6administer and enforce the provisions of this chapter and any rules promulgated pursuant
34.7thereto.
34.8 (b) The board shall comply with section15.0597, subdivisions 2 and 4.
34.9 (c) The commissioner shall coordinate the board's rulemaking and recommendations
34.10with the recommendations and rulemaking conducted by the other boards created pursuant
34.11to this chapter. The commissioner shall provide staff support to the board. The support
34.12includes professional, legal, technical, and clerical staff necessary to perform rulemaking
34.13and other duties assigned to the board. The commissioner of labor and industry shall
34.14supply necessary office space and supplies to assist the board in its duties.
34.15 Sec. 15. [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
34.16REBUILDERS AND TESTERS.
34.17(a) No person shall perform or offer to perform the installation, maintenance, repair,
34.18replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
34.19unless the person obtains a plumbing contractor's license. An individual shall not engage
34.20in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
34.21prevention assemblies, as regulated by the Plumbing Code, unless the individual is
34.22certified by the commissioner as a backflow prevention rebuilder.
34.23(b) An individual shall not engage in testing of a reduced pressure zone backflow
34.24prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
34.25backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
34.26prevention tester.
34.27(c) Certificates are issued for an initial period of two years and must be renewed
34.28every two years thereafter for as long as the certificate holder installs, maintains, repairs,
34.29rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
34.30of calculating fees under section 326B.092, an initial or renewed backflow prevention
34.31rebuilder or tester certificate shall be considered an entry level license.
34.32(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
34.33related to the certification of backflow prevention rebuilders and backflow prevention
34.34testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
34.3518-month limitation under section 14.125, this authority expires on December 31, 2014.
35.1(e) The department shall recognize certification programs that are a minimum of 16
35.2contact hours and include the passage of an examination. The examination must consist of
35.3a practical and a written component. This paragraph expires when the Plumbing Board
35.4adopts rules under paragraph (d).
35.5 Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:
35.6326B.438 MEDICAL GAS SYSTEMS.
35.7 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
35.8this subdivision have the meanings given them.
35.9 (b) "Medical gas" means medical gas as defined under the National Fire Protection
35.10Association NFPA 99C Standard on Gas and Vacuum Systems.
35.11 (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
35.12system as defined under the National Fire Protection Association NFPA 99C Standard on
35.13Gas and Vacuum Systems.
35.14 Subd. 2. License and certification required.A No person shall perform or offer
35.15to perform the installation, maintenance, or repair of medical gas systems unless the
35.16person obtains a contractor license. An individual shall not engage in the installation,
35.17maintenance, or repair of a medical gas system unless theperson individual possesses
35.18a current Minnesota master or journeyman plumber's license and is certified by the
35.19commissioner under rules adopted by the Minnesota Plumbing Board. The certification
35.20must be renewedannually biennially for as long as the certificate holder engages in the
35.21installation, maintenance, or repair of medical gasand vacuum systems. If a medical gas
35.22and vacuum system certificate is not renewed within 12 months after its expiration the
35.23medical gas and vacuum certificate is permanently forfeited.
35.24 Subd. 3. Exemptions.(a) A person An individual who on August 1, 2010, holds
35.25possesses a valid certificateauthorized by meeting the requirements of the American
35.26Society of Sanitary Engineering (ASSE) Standard 6010 and is a qualified brazer in
35.27accordance withstandards recommended by the provisions required in the National
35.28Fire Protection Associationunder NFPA (NFPA) 99C is exempt from the licensing
35.29requirements of subdivision 2 and may install, maintain, and repair a medical gas system.
35.30This exemption applies only if theperson individual maintains a valid certification
35.31authorized by the ASSE in accordance with ASSE Standard 6010 and the brazer
35.32qualifications in NFPA 99C, and is certified by the commissioner under rules adopted by
35.33the Minnesota Plumbing Board.
35.34(b) A person who on August 1, 2010, possesses a current Minnesota master or
35.35journeyman plumber's license and a valid certificate authorized by the ASSE in accordance
36.1with standards recommended by the National Fire Protection Association under NFPA
36.299C is exempt from the requirements of subdivision 2 and may install, maintain, and repair
36.3a medical gas system. This exemption applies only if a person maintains a valid Minnesota
36.4master or journeyman plumber's license and valid certification authorized by the ASSE.
36.5 Subd. 4. Fees.The fee for a medical gas certificate For the purpose of calculating
36.6fees under section 326B.092, an initial or renewed medical gas certificate issued by the
36.7commissioner according to subdivision 2is $30 per year shall be considered a journeyman
36.8level license.
36.9EFFECTIVE DATE.The requirement under subdivision 2 and subdivision 3 that a
36.10master journeyman plumber or exempt individual must be certified by the commissioner
36.11and the fee in subdivision 4 are not effective until 180 days after the Minnesota Plumbing
36.12Board adopts rules.
36.13 Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 1, is amended to read:
36.14 Subdivision 1. License required. (a) No individual shall engage in or work at
36.15the business of a master plumber, restricted master plumber, journeyman plumber, and
36.16restricted journeyman plumber unless licensed to do so by the commissioner. A license
36.17is not required for individuals performing building sewer or water service installation
36.18who have completed pipe laying training as prescribed by the commissioner. A master
36.19plumber may also work as a journeyman plumber, a restricted journeyman plumber,
36.20and a restricted master plumber. A journeyman plumber may also work as a restricted
36.21journeyman plumber. Anyone not so licensed may do plumbing work which complies with
36.22the provisions of the minimum standards prescribed by the Plumbing Board on premises
36.23or that part of premises owned and actually occupied by the worker as a residence, unless
36.24otherwise forbidden to do so by a local ordinance.
36.25 (b) No person shall engage in the business of planning, superintending, or installing
36.26plumbing or shall install plumbing in connection with the dealing in and selling of
36.27plumbing material and supplies unless at all times a licensed master plumber, or in cities
36.28and towns with a population of fewer than 5,000 according to the last federal census, a
36.29restricted master plumber, who shall be responsible for proper installation, is in charge of
36.30the plumbing work of the person.
36.31(c) Except as provided in subdivision2 1a, no person shall perform or offer to
36.32perform plumbing work with or without compensation unless the person obtains a
36.33contractor's license. A contractor's license does not of itself qualify its holder to perform
36.34the plumbing work authorized by holding a master, journeyman, restricted master, or
36.35restricted journeyman license.
37.1 Sec. 18. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
37.2 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
37.3license may do plumbing work on the individual's residence in accordance with
37.4subdivision 1, paragraph (a).
37.5(b) An individual who is an employee working on the maintenance and repair of
37.6plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
37.7and which is within the limits of property owned or leased, and operated or maintained by
37.8the individual's employer, shall not be required to maintain a contractor license as long
37.9as the employer has on file with the commissioner a current certificate of responsible
37.10person. The certificate must be signed by the responsible individual. The responsible
37.11individual must be a master plumber or, in an area of the state that is not a city or town
37.12with a population of more than 5,000 according to the last federal census, a restricted
37.13master plumber,. The certificate must be signed by the responsible individual and must
37.14state that the person signing the certificate is responsible for ensuring that the maintenance
37.15and repair work performed by the employer's employeescomply complies with sections
37.16326B.41
to
326B.49 , all rules adopted under those sections and sections
326B.50 to
37.17326B.59
, and all orders issued under section
326B.082 . The employer must pay a filing
37.18fee to file a certificate of responsibleperson individual with the commissioner. The
37.19certificate shall expire two years from the date of filing. In order to maintain a current
37.20certificate of responsibleperson individual, the employer must resubmit a certificate of
37.21responsibleperson individual, with a filing fee, no later than two years from the date of the
37.22previous submittal. The filing of the certificate of responsibleperson individual does not
37.23exempt any employee of the employer from the requirements of this chapter regarding
37.24individual licensing as a plumber or registration as a plumber's apprentice.
37.25(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
37.26separate contractor license to perform plumbing work on behalf of the employer within
37.27the scope of the licensed plumber's license.
37.28(d) A person may perform and offer to perform building sewer or water service
37.29installation without a contractor's license if the person is in compliance with the bond and
37.30insurance requirements of subdivision 2.
37.31 Sec. 19. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
37.32 Subd. 1b. Employment of master plumber or restricted master plumber. (a)
37.33Each contractor must designate a responsible licensed plumber, who shall be responsible
37.34for the performance of all plumbing work in accordance with sections326B.41 to
37.35326B.49
, all rules adopted under these sections and sections
326B.50 to
326B.59 , and all
38.1orders issued under section326B.082 . A plumbing contractor's responsible licensed
38.2plumber individual must be a master plumber. A restricted plumbing contractor's
38.3responsiblelicensed plumber individual must be a master plumber or a restricted master
38.4plumber. A plumbing contractor license authorizes the contractor to offer to perform
38.5and, through licensed and registered individuals, to perform plumbing work in all areas
38.6of the state. A restricted plumbing contractor license authorizes the contractor to offer
38.7to perform and, through licensed and registered individuals, to perform plumbing work
38.8in all areas of the state except in cities and towns with a population of more than 5,000
38.9according to the last federal census.
38.10(b) If the contractor is an individual or sole proprietorship, the responsible licensed
38.11plumber individual must be the individual, proprietor, or managing employee. If the
38.12contractor is a partnership, the responsible licensedplumber individual must be a general
38.13partner or managing employee. If the contractor is a limited liability company, the
38.14responsible licensedplumber individual must be a chief manager or managing employee.
38.15If the contractor is a corporation, the responsible licensedplumber individual must be
38.16an officer or managing employee. If the responsible licensedplumber individual is a
38.17managing employee, the responsible licensedplumber individual must be actively engaged
38.18in performing plumbing work on behalf of the contractor, and cannot be employed in any
38.19capacity as a plumber for any other contractor. An individual may be the responsible
38.20licensedplumber individual for only one contractor.
38.21(c) All applications and renewals for contractor licenses shall include a verified
38.22statement that the applicant or licensee has complied with this subdivision.
38.23 Sec. 20. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
38.24 Subd. 2. Bond; insurance.As a condition of licensing, each contractor (a) The
38.25bond and insurance requirements of paragraphs (b) and (c) apply to each person who
38.26performs or offers to perform plumbing work within the state, including any person who
38.27offers to perform or performs sewer or water service installation without a contractor's
38.28license. If the person performs or offers to perform any plumbing work other than sewer
38.29or water service installation, then the person must meet the requirements of paragraphs
38.30(b) and (c) as a condition of holding a contractor's license.
38.31(b) Each person who performs or offers to perform plumbing work within the state
38.32shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
38.33plumbing work entered into within the state or (2) all plumbing work and subsurface
38.34sewage treatment work entered into within the state. If the bond is for both plumbing work
38.35and subsurface sewage treatment work, the bond must comply with the requirements of
39.1this section and section115.56, subdivision 2 , paragraph (e). The bond shall be for the
39.2benefit of persons injured or suffering financial loss by reason of failure to comply with the
39.3requirements of the State Plumbing Code and, if the bond is for both plumbing work and
39.4subsurface sewage treatment work, financial loss by reason of failure to comply with the
39.5requirements of sections115.55 and
115.56 . The bond shall be filed with the commissioner
39.6and shall be written by a corporate surety licensed to do business in the state.
39.7In addition, as a condition of licensing, each contractor (c) Each person who
39.8performs or offers to perform plumbing work within the state shall have and maintain in
39.9effect public liability insurance, including products liability insurance with limits of at
39.10least $50,000 per person and $100,000 per occurrence and property damage insurance
39.11with limits of at least $10,000. The insurance shall be written by an insurer licensed to
39.12do business in the state of Minnesotaand. Each licensed master plumber person who
39.13performs or offers to perform plumbing work within the state shall maintain on file
39.14with the commissioner a certificate evidencing the insurance. In the event of a policy
39.15cancellation, the insurer shall send written notice to the commissioner at the same time
39.16that a cancellation request is received from or a notice is sent to the insured.
39.17 Sec. 21. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
39.18 Subd. 3. Bond and insurance exemption. If amaster plumber or restricted master
39.19plumber person who is in compliance with the bond and insurance requirements of
39.20subdivision 2, employs a licensed plumber,the or an individual who has completed pipe
39.21laying training as prescribed by the commissioner, that employeeplumber shall not be
39.22required to meet the bond and insurance requirements of subdivision 2. An individual who
39.23is an employee working on the maintenance and repair of plumbing equipment, apparatus,
39.24or facilities owned or leased by the individual's employer and which is within the limits of
39.25property owned or leased, and operated or maintained by the individual's employer, shall
39.26not be required to meet the bond and insurance requirements of subdivision 2.
39.27 Sec. 22. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
39.28 Subdivision 1. Registration; supervision; records. (a) All unlicensed individuals,
39.29other than plumber's apprentices and individuals who have completed pipe laying training
39.30as prescribed by the commissioner, must be registered under subdivision 3.
39.31(b) A plumber's apprentice or registered unlicensed individual is authorized to
39.32assist in the installation of plumbing only while under the direct supervision of a master,
39.33restricted master, journeyman, or restricted journeyman plumber. The master, restricted
39.34master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
40.1plumbing work performed by the plumber's apprentice or registered unlicensed individual
40.2complies with the plumbing code. The supervising master, restricted master, journeyman,
40.3or restricted journeyman must be licensed and must be employed by the same employer
40.4as the plumber's apprentice or registered unlicensed individual. Licensed individuals
40.5shall not permit plumber's apprentices or registered unlicensed individuals to perform
40.6plumbing work except under the direct supervision of an individual actually licensed to
40.7perform such work. Plumber's apprentices and registered unlicensed individuals shall not
40.8supervise the performance of plumbing work or make assignments of plumbing work
40.9to unlicensed individuals.
40.10(c) Contractors employing plumber's apprentices or registered unlicensed individuals
40.11to perform plumbing work shall maintain records establishing compliance with this
40.12subdivision that shall identify all plumber's apprentices and registered unlicensed
40.13individuals performing plumbing work, and shall permit the department to examine and
40.14copy all such records.
40.15 Sec. 23. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
40.16 Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed
40.17individual may register by completing and submitting to the commissioner an application
40.18form provided by the commissioner, with all fees required by section326B.092 . A
40.19completed application form must state the date the individual began training, the
40.20individual's age, schooling, previous experience, and employer, and other information
40.21required by the commissioner. The Plumbing Board may prescribe rules, not inconsistent
40.22with this section, for the registration of unlicensed individuals. Applications for initial
40.23registration may be submitted at any time. Registration must be renewed annually and
40.24shall be for the period from July 1 of each year to June 30 of the following year.
40.25 Sec. 24. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
40.26 Subdivision 1. Application, examination, and license fees. (a) Applications for
40.27master and journeyman plumber's licenses shall be made to the commissioner, with
40.28all fees required by section326B.092 . Unless the applicant is entitled to a renewal,
40.29the applicant shall be licensed by the commissioner only after passing a satisfactory
40.30examination developed and administered by the commissioner, based upon rules adopted
40.31by the Plumbing Board, showing fitness.
40.32(b) All initial journeyman plumber's licenses shall be effective for more than one
40.33calendar year and shall expire on December 31 of the year after the year in which the
40.34application is made. All master plumber's licenses shall expire on December 31 of each
41.1even-numbered year after issuance or renewal. The commissioner shall in a manner
41.2determined by the commissioner, without the need for any rulemaking under chapter 14,
41.3phase in the renewal of master and journeyman plumber's licenses from one year to two
41.4years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
41.5two-year licenses.
41.6(c) Applications for contractor licenses shall be made to the commissioner, with all
41.7fees required by section326B.092 . All contractor licenses shall expire on December 31 of
41.8each odd-numbered year after issuance or renewal.
41.9(d) For purposes of calculating license fees and renewal license fees required under
41.10section326B.092 :
41.11(1) the following licenses shall be considered business licenses: plumbing contractor
41.12and restricted plumbing contractor;
41.13(2) the following licenses shall be considered master licenses: master plumber and
41.14restricted master plumber;
41.15(3) the following licenses shall be considered journeyman licenses: journeyman
41.16plumber and restricted journeyman plumber; and
41.17(4) the registration of a plumber's apprentice under section326B.47, subdivision 3 ,
41.18shall be considered an entry level license.
41.19(e) For each filing of a certificate of responsibleperson individual by an employer,
41.20the fee is $100.
41.21(f) The commissioner shall charge each person giving bond under section 326B.46,
41.22subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
41.23licensed contractor.
41.24 Sec. 25. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
41.25 Subdivision 1. Bonds. (a) As a condition of licensing, each water conditioning
41.26contractor shall give and maintain a bond to the state as described in paragraph (b).
41.27No applicant for a water conditioning contractoror installer license who maintains the
41.28bond under paragraph (b) shall be otherwise required to meet the bond requirements of
41.29any political subdivision.
41.30 (b) Each bond given to the state under this subdivision shall be in the total sum of
41.31$3,000 conditioned upon the faithful and lawful performance of all water conditioning
41.32installation or servicing done within the state. The bond shall be for the benefit of
41.33persons suffering injuries or damages due to the work. The bond shall be filed with the
41.34commissioner and shall be written by a corporate surety licensed to do business in this
42.1state. The bond must remain in effect at all times while the application is pending and
42.2while the license is in effect.
42.3 Sec. 26. Minnesota Statutes 2010, section 326B.58, is amended to read:
42.4326B.58 FEES; RENEWAL.
42.5 (a) Each initial water conditioning master and water conditioning journeyman
42.6license shall be effective for more than one calendar year and shall expire on December 31
42.7of the year after the year in which the application is made.
42.8(b) The commissioner shall in a manner determined by the commissioner, without
42.9the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
42.10master and journeyman licenses from one year to two years. By June 30, 2011, all
42.11renewed water conditioning contractorand installer licenses shall be two-year licenses.
42.12The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
42.13(c) All water conditioning contractor licenses shall expire on December 31 of the
42.14year after issuance or renewal.
42.15(d) For purposes of calculating license fees and renewal fees required under section
42.16326B.092
:
42.17(1) a water conditioning journeyman license shall be considered a journeyman
42.18license;
42.19(2) a water conditioning master license shall be considered a master license; and
42.20(3) a water conditioning contractor license shall be considered a business license.
42.21 Sec. 27. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
42.22 Subd. 2. Appropriate and related knowledge. "Appropriate and related
42.23knowledge" means facts, information, or principles that are clearly relevant to thelicensee
42.24in performing licensee's responsibilities under a license issued by the commissioner.
42.25These facts, information, or principles must convey substantive and procedural knowledge
42.26as it relates to postlicensing issues and must be relevant to the technical aspects of a
42.27particular area of continuing education regulated industry.
42.28 Sec. 28. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
42.29 Subd. 3. Classroom hour. "Classroom hour" meansa 50-minute hour 50 minutes of
42.30educational content.
42.31 Sec. 29. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
43.1 Subd. 7. Medical hardship. "Medical hardship"includes means a documented
43.2physical disability or medical condition.
43.3 Sec. 30. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
43.4 Subd. 9. Regulatedindustries industry. "Regulated industries industry" means
43.5residential contracting, residential remodeling, or residential roofing. Each of these is a
43.6regulated industry any business, trade, profession, or occupation that requires a license
43.7issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
43.8 Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
43.9 Subdivision 1. Purpose. The purpose of this section is to establish standards
43.10for residential building contractor continuing education.The standards must include
43.11requirements for continuing education in the implementation of energy codes or energy
43.12conservation measures applicable to residential buildings.
43.13 Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
43.14 Subd. 5. Content. (a) Continuing education consists of approved courses that
43.15impart appropriate and related knowledge in theresidential construction industry regulated
43.16industries pursuant tosections
326B.802 to
326B.885relevant
43.17applicable federal and state laws, rules, and regulations. Courses may include relevant
43.18materials that are included in licensing exams subject to the limitations imposed in
43.19subdivision 11. The burden of demonstrating that courses impart appropriate and related
43.20knowledge is upon the person seeking approval or credit.
43.21 (b) Except as required for Internet continuing education, course examinations will
43.22not be required for continuing education coursesunless they are required by the sponsor.
43.23 (c)Textbooks are not required to be used for continuing education courses. If
43.24textbooks are not used as part of the course, the sponsor must provide students with a
43.25syllabus containing, at a minimum, the course title, the times and dates of the course
43.26offering, the name, address,and telephone number of the course sponsor and, the name
43.27and affiliation of the instructor, and a detailed outline of the subject materials to be
43.28covered. Any written or printed material given to students must be of readable quality and
43.29contain accurate and current information.
43.30 (d) Upon completion of an approved course, licensees shall earn one hour of
43.31continuing education credit for each classroom hour approved by the commissioner.One
43.32credit hour of continuing education is equivalent to 50 minutes of educational content.
43.33Each continuing education course must be attended in its entirety in order to receive credit
44.1for the number of approved hours. Courses may be approved for full or partial credit,
44.2and for more than one regulated industry.
44.3 (e) Continuing education credit in an approved course shall be awarded to presenting
44.4instructors on the basis of one credit for each hourof preparation for the duration of the
44.5initial presentation. Continuing educationcredit may not be earned if the licensee has
44.6previously obtained credit for the same course as a licensee or as an instructor within the
44.7three years immediately prior credits for completion of an approved course may only be
44.8used once for renewal of a specific license.
44.9(e) (f) Courses will be approved using the following guidelines:
44.10(1) course content must demonstrate significant intellectual or practical content and
44.11deal with matters directly related to the practiceof residential construction in the regulated
44.12industry, workforce safety, or the business of running aresidential construction company
44.13in the regulated industry. Courses may also address the professional responsibility or
44.14ethical obligations ofresidential contractors to homeowners and suppliers a licensee
44.15related to work in the regulated industry;
44.16(2) the following courses may beautomatically approved if they are specifically
44.17designed for theresidential construction regulated industry and are in compliance with
44.18paragraph(f) (g):
44.19(i) courses approved by the Minnesota Board of Continuing Legal Education; or
44.20(ii) courses approved by the International Code Council, National Association of
44.21Home Building, or other nationally recognized professional organization of theresidential
44.22construction regulated industry; and
44.23(3) courses must be presented and attended in a suitable classroom or construction
44.24setting, except for Internet education courses which must meet the requirements of
44.25subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
44.26teleconference may be approved provided the sponsor is available at all times during the
44.27presentation, except for Internet education courses which must meet the requirements
44.28of subdivision 5a.
44.29(f) (g) The following courses will not be approved for credit:
44.30 (1) courses designed solely to prepare students for a license examination;
44.31 (2) courses in mechanical office skills, including typing, speed reading, or other
44.32machines or equipment. Computer courses are allowed, if appropriate and related to the
44.33residential construction regulated industry;
44.34 (3) courses in sales promotion, including meetings held in conjunction with the
44.35general business of the licensee;
44.36 (4) courses in motivation, salesmanship, psychology, or personal time management;
45.1 (5) courses that are primarily intended to impart knowledge of specific products of
45.2specific companies, if the use of the product or products relates to the sales promotion
45.3or marketing of one or more of the products discussed; or
45.4(6) courses where any of the educational content of the course is the State Building
45.5Code that include code provisions that have not been adopted into the State Building
45.6Code unless the course materials clarifywhether or not that the code provisions have
45.7been officially adopted into a future version of the State Building Code and the effective
45.8date of enforcement, if applicable.
45.9(h) Nothing in this subdivision shall limit an authority expressly granted to the Board
45.10of Electricity, Board of High Pressure Piping Systems, or Plumbing Board.
45.11 Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
45.12read:
45.13 Subd. 5a. Internet continuing education. (a) The design and delivery of an Internet
45.14continuing education course must be approved by the International Distance Education
45.15Certification Center (IDECC) before the course is submitted for the commissioner's
45.16approval. The IDECC approval must accompany the course submitted.
45.17(b) An Internet continuing education course must:
45.18(1) specify the minimum computer system requirements;
45.19(2) provide encryption that ensures that all personal information, including the
45.20student's name, address, and credit card number, cannot be read as it passes across the
45.21Internet;
45.22(3) include technology to guarantee seat time;
45.23(4) include a high level of interactivity;
45.24(5) include graphics that reinforce the content;
45.25(6) include the ability for the student to contact an instructor or course sponsor
45.26within a reasonable amount of time;
45.27(7) include the ability for the student to get technical support within a reasonable
45.28amount of time;
45.29(8) include a statement that the student's information will not be sold or distributed
45.30to any third party without prior written consent of the student. Taking the course does not
45.31constitute consent;
45.32(9) be available 24 hours a day, seven days a week, excluding minimal downtime
45.33for updating and administration, except that this provision does not apply to live courses
45.34taught by an actual instructor and delivered over the Internet;
46.1(10) provide viewing access to the online course at all times to the commissioner,
46.2excluding minimal downtime for updating and administration;
46.3(11) include a process to authenticate the student's identity;
46.4(12) inform the student and the commissioner how long after its purchase a course
46.5will be accessible;
46.6(13) inform the student that license education credit will not be awarded for taking
46.7the course after it loses its status as an approved course;
46.8(14) provide clear instructions on how to navigate through the course;
46.9(15) provide automatic bookmarking at any point in the course;
46.10(16) provide questions after each unit or chapter that must be answered before the
46.11student can proceed to the next unit or chapter;
46.12(17) include a reinforcement response when a quiz question is answered correctly;
46.13(18) include a response when a quiz question is answered incorrectly;
46.14(19) include a final examination in which the student must correctly answer 70
46.15percent of the questions;
46.16(20) allow the student to go back and review any unit at any time, except during the
46.17final examination;
46.18(21) provide a course evaluation at the end of the course. At a minimum, the
46.19evaluation must ask the student to report any difficulties caused by the online education
46.20delivery method;
46.21(22) provide a completion certificate when the course and exam have been completed
46.22and the provider has verified the completion. Electronic certificates are sufficient and shall
46.23include the name of the provider, date and location of the course, educational program
46.24identification that was provided by the department, hours of instruction or continuing
46.25education hours, and licensee's or attendee's name and license, certification, or registration
46.26number or the last four digits of the licensee's or attendee's Social Security number; and
46.27(23) allow the commissioner the ability to electronically review the class to
46.28determine if credit can be approved.
46.29(c) The final examination must be either an encrypted online examination or a
46.30paper examination that is monitored by a proctor who certifies that the student took the
46.31examination.
46.32 Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
46.33 Subd. 6. Course approval. (a) Courses must be approved by the commissioner
46.34in advance and will be approved on the basis of the applicant's compliance with the
46.35provisions of this section relating to continuing education in the regulated industries. The
47.1commissioner shall make the final determination as to the approval and assignment of
47.2credit hours for courses. Courses must be at least one hour in length.
47.3 Licensees requesting credit for continuing education courses that have not been
47.4previously approved by the commissioner shall, on a form prescribed by the commissioner,
47.5submit an application for approval of continuing education credit accompanied by a
47.6nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
47.7in compliance with the provisions of this section governing the types of courses that will
47.8and will not be approved.
47.9 Approval will not be granted for time spent on meals or other unrelated activities.
47.10Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
47.11offered by a provider to any one student for longer than eight hours in one day, excluding
47.12meal breaks.
47.13 (b) Application for course approval must be submitted on a form approved by the
47.14commissioner at least 30 days before the course offering.
47.15 (c) Approval must be granted for a subsequent offering of identical continuing
47.16education courses without requiring a new application if a notice of the subsequent
47.17offering is filed with the commissioner at least 30 days in advance of the date the course is
47.18to be held. The commissioner shall deny future offerings of courses if they are found not
47.19to be in compliance with the laws relating to course approval.
47.20 Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
47.21 Subd. 7. Courses open to all. All course offerings must be open to any interested
47.22individuals. Access may be restricted by the sponsor based on class size only. Courses
47.23must shall not be approved if attendance is restricted to any particular group of people,
47.24except for company-sponsored courses allowed by applicable law.
47.25 Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
47.26 Subd. 8. Course sponsor. (a) Each course of study shall have at least one sponsor,
47.27approved by the commissioner, who is responsible for supervising the program and
47.28ensuring compliance with all relevant law. Sponsors may engage an additional approved
47.29sponsor in order to assist the sponsor or to act as a substitute for the sponsorin the event
47.30of an emergency or illness.
47.31(b) Sponsors must submit an application and sworn statement stating they agree to
47.32abide by the requirements of this section and any other applicable statute or rule pertaining
47.33toresidential construction continuing education in the regulated industry.
47.34(c) A sponsor may also be an instructor.
48.1(d) Failure to comply withrequirements paragraph (b) may result in loss of sponsor
48.2approval for up to two years in accordance with section326B.082 .
48.3 Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
48.4 Subd. 9. Responsibilities. A sponsor is responsible for:
48.5 (1) ensuring compliance with all laws and rules relating to continuing educational
48.6offerings governed by the commissioner;
48.7 (2) ensuring that students are provided with current and accurate information relating
48.8to the laws and rules governingtheir licensed activity the regulated industry;
48.9 (3) supervising and evaluating courses and instructors. Supervision includes
48.10ensuring that all areas of the curriculum are addressed without redundancy and that
48.11continuity is present throughout the entire course;
48.12 (4) ensuring that instructors are qualified to teach the course offering;
48.13 (5) furnishing the commissioner, upon request, with copies of courseand instructor
48.14evaluationsand. Evaluations must be completed by students at the time the course is
48.15offered;
48.16(6) furnishing the commissioner, upon request, with copies of the qualifications of
48.17instructors. Evaluations must be completed by students at the time the course is offered
48.18and by sponsors within five days after the course offering;
48.19(6) (7) investigating complaints related to course offerings or instructors. A copy
48.20of the written complaint must be sent to the commissioner within ten days of receipt of
48.21the complaint and a copy of the complaint resolution must be sent not more than ten
48.22days after resolution is reached;
48.23(7) (8) maintaining accurate records relating to course offerings, instructors, tests
48.24taken by students if required, and student attendance for a period of three years from the
48.25date on which the course was completed. These records must be made available to the
48.26commissioner upon request. In the event the sponsor ceases operations before termination
48.27of the sponsor application, the sponsor must provide to the commissioner digital copies of
48.28all course and attendance records of courses held for the previous three years;
48.29(8) (9) attending workshops or instructional programs as reasonably required by
48.30the commissioner;
48.31(9) (10) providing course completion certificates within ten days of, but not before,
48.32completion of the entire course. A sponsor may require payment of the course tuition as a
48.33condition of receiving the course completion certificate. Course completion certificates
48.34must be completed in their entirety. Course completion certificates must and shall contain
48.35the following:
49.1(i) the statement: "If you have any comments about this course offering, please mail
49.2them to the Minnesota Department of Labor and Industry.";
49.3(ii) the current address of the departmentmust be included. A sponsor may require
49.4payment of the course tuition as a condition for receiving the course completion certificate,
49.5name of the provider, date and location of the course, educational program identification
49.6provided by the department, and hours of instruction or continuing education hours; and
49.7(iii) the licensee's or attendee's name and license, certificate, or registration number
49.8or the last four digits of the licensee's or attendee's Social Security number; and
49.9(10) (11) notifying the commissioner in writing within ten days of any change in the
49.10information in an application for approval on file with the commissioner.
49.11 Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
49.12read:
49.13 Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
49.14who is qualified by education, training, or experience to ensure competent instruction.
49.15Failure to have only qualified instructors teach at an approved course offering will result in
49.16loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
49.17to teach the course offering.
49.18 (b) Qualified continuing education instructors must have one of the following
49.19qualifications:
49.20 (1) four years' practical experience in the subject area being taught;
49.21 (2) a college or graduate degree in the subject area being taught;
49.22(3) direct experience in the development of laws, rules, or regulations related to the
49.23residential construction regulated industry; or
49.24(4) demonstrated expertise in the subject area being taught. Instructors providing
49.25instruction related to electricity, plumbing, or high pressure piping systems must comply
49.26with all applicable continuing education rules adopted by the Board of Electricity, the
49.27Plumbing Board, or the Board of High Pressure Piping Systems.
49.28 (c)Approved Qualified continuing education instructors are responsible for:
49.29 (1) compliance with all laws and rules relating to continuing education;
49.30 (2) providing students with current and accurate information;
49.31 (3) maintaining an atmosphere conducive to learning in the classroom;
49.32 (4) verifying attendance of students, and certifying course completion;
49.33 (5) providing assistance to students and responding to questions relating to course
49.34materials; and
50.1 (6) attending the workshops or instructional programs that are required by the
50.2commissioner.
50.3 Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
50.4read:
50.5 Subd. 11. Prohibited practices for sponsors and instructors. (a) In connection
50.6with an approved continuing education course, sponsors and instructors shall not:
50.7 (1) recommendor, promote, or disparage the specific services, products, processes,
50.8procedures, or practices of a particularbusiness person in the regulated industry;
50.9 (2) encourage or recruitindividuals students to engage the services of, or become
50.10associated with, a particular business;
50.11 (3) use materials for the sole purpose of promoting a particular business;
50.12 (4) require students to participate in other programs or services offered by an
50.13instructor or sponsor;
50.14 (5) attempt, either directly or indirectly, to discover questions or answers on an
50.15examination for a license;
50.16 (6) disseminate to any other person specific questions, problems, or information
50.17known or believed to be included in licensing examinations;
50.18 (7) misrepresent any information submitted to the commissioner;
50.19 (8) fail to reasonably cover, or ensure coverage of, all points, issues, and concepts
50.20contained in the course outline approved by the commissioner during the approved
50.21instruction; or
50.22 (9) issue inaccurate course completion certificates.
50.23 (b) Sponsors shall notify the commissioner within ten days of a felony or gross
50.24misdemeanor conviction or of disciplinary action taken against an occupational or
50.25professional license held by the sponsor or an instructor teaching an approved course. The
50.26notification conviction or disciplinary action shall be grounds for the commissioner to
50.27withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.
50.28 Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
50.29read:
50.30 Subd. 12.Fees Course tuition. Fees Tuition for an approved course of study
50.31and related materials must be clearly identified to students. In the event that a course is
50.32canceled for any reason, allfees tuition must be returned within 15 days from the date of
50.33cancellation. In the event that a course is postponed for any reason, students shall be given
50.34the choice of attending the course at a later date or having theirfees tuition refunded in
51.1full within 15 days from the date of postponement. If a student is unable to attend a course
51.2or cancels the registration in a course, sponsor policies regarding refunds shall govern.
51.3 Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
51.4read:
51.5 Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
51.6of continuing education courses.
51.7 (b) Advertising must be truthful and not deceptive or misleading. Courses may
51.8not be advertised as approved for continuing education credit unless approval has been
51.9granted in writing by the commissioner.
51.10 (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
51.11materials pertaining to an approved course circulated or distributed in this state, must
51.12prominently display the following statement:
51.13 "This course has been approved by the Minnesota Department of Labor and Industry
51.14for ....... (approved number of hours) hours forresidential contractor ....... (regulated
51.15industry) continuing education."
51.16 (d) Advertising of approved courses must be clearly distinguishable from the
51.17advertisement of other nonapproved courses and services.
51.18 (e) Continuing education courses may not be advertised before approval unless the
51.19course is described in any advertising as "approval pending." The sponsor must verbally
51.20notifylicensees students before commencement of the course if the course has been
51.21denied credit, has not been approved for credit, or has only been approved for partial
51.22credit by the commissioner.
51.23 (f) The number of hours for which a course has been approved must be prominently
51.24displayed on an advertisement for the course. If the course offering is longer than the
51.25number of hours of credit to be given, it must be clear that credit is not earned for the
51.26entire course.
51.27 (g) The course approval number must not be included in any advertisement.
51.28 Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
51.29read:
51.30 Subd. 16. Notice to students. At the beginning of each approved offering, the
51.31following notice must be handed out in printed form or must be read to students:
51.32 "This educational offering is recognized by the Minnesota Department of Labor and
51.33Industry as satisfying ....... (insert number of hours approved) hours of credit toward
51.34residential contractor (insert regulated industry) continuing education requirements."
52.1 Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
52.2read:
52.3 Subd. 18. Falsification of reports or certificates. A licensee, itsqualified person
52.4qualifying individual, or an applicant found to have falsified an education report or
52.5certificate to the commissioner shall be considered to have violated the laws relating to
52.6the regulated industry for which the person has a license and shall be subject tocensure,
52.7limitation, condition, suspension, or revocation of the license or denial of the application
52.8for licensure the enforcement provisions of section 326B.082.
52.9 The commissioner reserves the right to audit a licensee's continuing education
52.10records.
52.11 Sec. 44. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
52.12read:
52.13 Subd. 19. Waivers and extensions.If a licensee provides documentation to the
52.14commissioner that the licensee or its qualifying person is unable, and will continue to be
52.15unable, to attend actual classroom course work because of a physical disability, medical
52.16condition, or similar reason, attendance at continuing education courses shall be waived
52.17for a period not to exceed one year. The commissioner shall require that the licensee or
52.18its qualifying person satisfactorily complete a self-study program to include reading a
52.19sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
52.20residential building contractor industry, as would be necessary for the licensee to satisfy
52.21continuing educational credit hour needs. The commissioner shall award the licensee
52.22credit hours for a self-study program by determining how many credit hours would
52.23be granted to a classroom course involving the same material and giving the licensee
52.24the same number of credit hours under this section. The licensee may apply each year
52.25for a new waiver upon the same terms and conditions as were necessary to secure the
52.26original waiver, and must demonstrate that in subsequent years, the licensee was unable to
52.27complete actual classroom course work. The commissioner may request documentation
52.28of the condition upon which the request for waiver is based as is necessary to satisfy
52.29the commissioner of the existence of the condition and that the condition does preclude
52.30attendance at continuing education courses.
52.31 Upon written proof demonstrating a medical hardship, the commissioner shall
52.32extend, for up to 90 days, the time period during which the continuing education must be
52.33successfully completed.Loss of income from either attendance at courses or cancellation
52.34of a license is not a bona fide financial hardship. Requests for extensions must be
52.35submitted to the commissioner in writing no later than 60 days before the education is
53.1due and must include an explanation with verification of the hardship, plus verification of
53.2enrollment at an approved course of study on or before the extension period expires.
53.3 Sec. 45. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
53.4read:
53.5 Subd. 20. Reporting requirements.Required Continuing education credits must
53.6be reported by the sponsor in a manner prescribed by the commissioner. Licensees are
53.7responsible for maintaining copies of course completion certificates.
53.8 Sec. 46. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
53.9read:
53.10 Subd. 22. Continuing education approval. Continuing education courses must be
53.11approved in advance by the commissioner of labor and industry."Sponsor" means any
53.12person or entity offering approved education.
53.13 Sec. 47. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
53.14read:
53.15 Subd. 23. Continuing education fees. The following fees shall be paid to the
53.16commissioner:
53.17 (1) initial course approval, $20 for each hour or fraction of one hour of continuing
53.18education course approval sought. Initial course approval expires on the last day of the
53.1924th 36th month after the course is approved;
53.20(2) renewal of course approval, $20 per course. Renewal of course approval expires
53.21on the last day of the 24th month after the course is renewed;
53.22(3) (2) initial sponsor approval, $100. Initial sponsor approval expires on the last
53.23day of the 24th month after the sponsor is approved; and
53.24(4) (3) renewal of sponsor approval, $20 $100. Renewal of sponsor approval expires
53.25on the last day of the 24th month after the sponsor is renewed.
53.26 Sec. 48. Minnesota Statutes 2010, section 326B.865, is amended to read:
53.27326B.865 SIGN CONTRACTOR; BOND.
53.28 (a) A sign contractor may post a compliance bond with the commissioner,
53.29conditioned that the sign contractor shall faithfully perform duties and comply with laws,
53.30ordinances, rules, and contracts entered into for the installation of signs. The bond must
53.31be renewed biennially and maintained for so long as determined by the commissioner.
53.32The aggregate liability of the surety on the bond to any and all persons, regardless of the
54.1number of claims made against the bond, may not exceed the annual amount of the bond.
54.2The bond may be canceled as to future liability by the surety upon 30 days' written notice
54.3mailed to the commissioner by United States mail.
54.4 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
54.5local unit of government that requires sign contractors to post a compliance bond. The
54.6bond is in lieu of any compliance bond required by a local unit of government.
54.7 (c) For purposes of this section, "sign" means a device, structure, fixture, or
54.8placard using graphics, symbols, or written copy that is erected on the premises of an
54.9establishment including the name of the establishment or identifying the merchandise,
54.10services, activities, or entertainment available on the premises.
54.11(d) Each person giving bond under this section shall pay a biennial bond filing fee of
54.12$100 to the commissioner of labor and industry.
54.13EFFECTIVE DATE.This section is effective January 1, 2012.
54.14 Sec. 49. Minnesota Statutes 2010, section 326B.89, subdivision 6, is amended to read:
54.15 Subd. 6. Verified application. To be eligible for compensation from the fund, an
54.16owner or lessee shall serve on the commissioner a verified application for compensation
54.17on a form approved by the commissioner. The application shall verify the following
54.18information:
54.19 (1) the specific grounds upon which the owner or lessee seeks to recover from
54.20the fund:
54.21 (2) that the owner or the lessee has obtained a final judgment in a court of competent
54.22jurisdiction against a licensee licensed under section326B.83 ;
54.23 (3) that the final judgment was obtained against the licensee on the grounds
54.24of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
54.25performance that arose directly out of a contract directly between the licensee and the
54.26homeowner or lessee that was entered into prior to the cause of action and that occurred
54.27when the licensee was licensed and performing any of the special skills enumerated under
54.28section326B.802, subdivision 15 ;
54.29 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
54.30the owner's residential real estate, on residential real estate leased by the lessee, or on new
54.31residential real estate that has never been occupied or that was occupied by the licensee
54.32for less than one year prior to purchase by the owner;
54.33 (5) that the residential real estate is located in Minnesota;
54.34 (6) that the owner or the lessee is not the spouse of the licensee or the personal
54.35representative of the licensee;
55.1 (7) the amount of the final judgment, any amount paid in satisfaction of the final
55.2judgment, and the amount owing on the final judgment as of the date of the verified
55.3application;
55.4 (8) that the owner or lessee has diligently pursued remedies against all the judgment
55.5debtors and all other persons liable to the judgment debtor in the contract for which the
55.6owner or lessee seeks recovery from the fund; and
55.7 (9) that the verified application is being served within two years after the judgment
55.8became final.
55.9 The verified application must include documents evidencing the amount of the
55.10owner's or the lessee's actual and direct out-of-pocket loss. The owner's and the lessee's
55.11actual and direct out-of-pocket loss shall not include any attorney fees, litigation costs
55.12or fees, interest on the loss, and interest on the final judgment obtained as a result of the
55.13loss or any costs not directly related to the value difference between what was contracted
55.14for and what was provided. Any amount paid in satisfaction of the final judgment shall
55.15be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
55.16lessee may serve a verified application regardless of whether the final judgment has been
55.17discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
55.18on the judgment have either been pursued and concluded or been forgone, including all
55.19reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
55.20in common are deemed to be a single owner. For purposes of this section, owners and
55.21lessees eligible for payment of compensation from the fund shall not include government
55.22agencies, political subdivisions, financial institutions, and any other entity that purchases,
55.23guarantees, or insures a loan secured by real estate.
55.24 Sec. 50. Minnesota Statutes 2010, section 326B.89, subdivision 8, is amended to read:
55.25 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
55.26for hearing under subdivision 7, the commissioner shall request that an administrative law
55.27judge be assigned and that a hearing be conducted under the contested case provisions of
55.28chapter 14 within 45 days after the commissioner received the request for hearing, unless
55.29the parties agree to a later date. The commissioner must notify the owner or lessee of the
55.30time and place of the hearing at least 15 days before the hearing. Upon petition of the
55.31commissioner, the administrative law judge shall continue the hearing up to 60 days and
55.32upon a showing of good cause may continue the hearing for such additional period as the
55.33administrative law judge deems appropriate.
55.34At the hearing the owner or the lessee shall have the burden of proving by substantial
55.35evidence under subdivision 6, clauses (1) to (8). Whenever an applicant's judgment
56.1is by default, stipulation, or consent, or whenever the action against the licensee was
56.2defended by a trustee in bankruptcy, the applicant shall have the burden of proving the
56.3cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or
56.4failure of performance. Otherwise, the judgment shall create a rebuttable presumption
56.5of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
56.6performance. This presumption affects the burden of producing evidence.
56.7The administrative law judge shall issue findings of fact, conclusions of law, and
56.8order. If the administrative law judge finds that compensation should be paid to the owner
56.9or the lessee, the administrative law judge shall order the commissioner to make payment
56.10from the fund of the amount it finds to be payable pursuant to the provisions of and in
56.11accordance with the limitations contained in this section. The order of the administrative
56.12law judge shall constitute the final decision of the agency in the contested case. The
56.13commissioner or the owner or lessee may seek judicial review of the administrative law
56.14judge's findings of fact, conclusions of law, and ordershall be in accordance with sections
56.1514.63
to
14.69 .
56.16 Sec. 51. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
56.17 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
56.18offer for sale in this state any used manufactured home manufactured after June 14,
56.191976, or install for occupancy any used manufactured home manufactured after June
56.2014, 1976, unless the used manufactured home complies with the Notice of Compliance
56.21Form as provided in this subdivision. If manufactured after June 14, 1976, the home
56.22must bear a label as required by the secretary. The Notice of Compliance Form shall be
56.23signed by the seller and purchaser indicating which party is responsible for either making
56.24or paying for any necessary corrections prior to the sale and transferring ownership of
56.25the manufactured home.
56.26The Notice of Compliance Form shall be substantially in the following form:
56.30used manufactured home described in the purchase agreement and on the bottom of this
56.31notice before the parties transfer ownership of a used manufactured home constructed
56.32after June 14, 1976.
57.1Electric ranges and clothes dryers must have required four-conductor cords and plugs. For
57.2the purpose of complying with the requirements of section 327B.06, a licensed retailer or
57.3limited retailer shall retain at least one copy of the form required under this subdivision.
57.6Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
57.7of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
57.8with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
57.9Code of Federal Regulations, title 24, section 3280.709 (g)).
57.12Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
57.13Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
57.14accordance with their listing or standards.
57.17Smoke alarms are required to be installed and operational in accordance with Code of
57.18Federal Regulations, title 24, section 3280.208.
57.21Carbon monoxide alarms or CO detectors that are approved and operational are required
57.22to be installed within ten feet of each room lawfully used for sleeping purposes.
57.25Egress windows are required in every bedroom with at least one operable window with
57.26a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
57.27the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
57.28operating handles, tabs, or other operational devices shall not be located more than 54
57.29inches above the finished floor.
57.32The furnace compartment of the home is required to have interior finish with a flame
57.33spread rating not exceeding 25feet, as specified in the 1976 United States Department of
57.34Housing and Urban Development Code governing manufactured housing construction.
58.3The water heater enclosure in this home is required to have interior finish with a flame
58.4spread rating not exceeding 25feet, as specified in the 1976 United States Department of
58.5Housing and Urban Development Code governing manufactured housing construction.
58.8The home complies with the snowload and heat zone requirements for the state of
58.9Minnesota as indicated by the data plate.
58.12The parties to this agreement have initialed all required sections and agree by their
58.13signature to complete any necessary corrections prior to the sale or transfer of ownership
58.14of the home described below as listed in the purchase agreement. The state of Minnesota
58.15or a local building official has the authority to inspect the home in the manner described in
58.16Minnesota Statutes, section327.33 , prior to or after the sale to ensure compliance was
58.17properly executed as provided under the Manufactured Home Building Code.
58.33EFFECTIVE DATE.This section is effective the day following final enactment.
58.34 Sec. 52. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
58.35 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
58.36or used manufactured home that is submitted to the local building official, third-party
59.1inspector, or the department, stamped by a licensed professional engineer or architect, and
59.2is as being in compliance with either the federal installation standards in effect at the date
59.3of manufacture, the manufacturer's installation manual, or the Minnesota State Building
59.4Code, when applicable, shall be issued a permitby the department or approval within ten
59.5days of being received by the approving authority.
59.6 Sec. 53. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
59.7 Subd. 1e. Reinstallation requirements forsingle-section used manufactured
59.8homes. (a) Allsingle-section used manufactured homes reinstalled less than 24 months
59.9from the date of installation by the first purchaser must be reinstalled in compliance with
59.10subdivision 1c. Allsingle-section used manufactured homes reinstalled more than 24
59.11months from the date of installation by the first purchaser may be reinstalled without
59.12a frost-protected foundation if the home is reinstalled in compliance with Minnesota
59.13Rules, chapter 1350, for above frost-line installations and the notice requirement of
59.14subdivision 1f is complied with by the seller and the purchaser of thesingle-section used
59.15manufactured home.
59.16(b) The installer shall affix an installation seal issued by the department to the
59.17outside of the home as required by the Minnesota State Building Code. The certificate
59.18of installation issued by the installer of record shall clearly state that the home has been
59.19reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
59.20for issuance of reinstallation seals shall follow the requirements of sections326B.802
59.21to
326B.885 . Fees for review of plans, specifications, and on-site inspections shall be
59.22those as specified in section326B.153, subdivision 1 , paragraph (c). Whenever an
59.23installation certificate for an above frost-line installation is issued to asingle-section used
59.24manufactured home being listed for sale, the purchase agreement must disclose that the
59.25home is installed on a nonfrost-protected foundation and recommend that the purchaser
59.26have the home inspected to determine the effects of frost on the home.
59.27EFFECTIVE DATE.This section is effective the day following final enactment.
59.28 Sec. 54. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
59.29 Subd. 1f. Notice requirement. The seller of thesingle-section used manufactured
59.30home being reinstalled under subdivision 1e shall provide the following notice to the
59.31purchaser and secure signatures of all parties to the purchase agreement on or before
59.32signing a purchase agreement prior to submitting an application for an installation
59.33certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
59.34home under subdivision 1e, the current owner is not required to comply with the notice
60.1requirement under this subdivision. The notice shall be in at least 14-point font, except the
60.2heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
60.3The notice must be printed on a separate sheet of paper in a color different than the paper
60.4on which the purchase agreement is printed. The notice becomes a part of the purchase
60.5agreement and shall be substantially in the following form:
60.8It is recommended that thesingle-section used manufactured home being reinstalled
60.9follow the instructions in the manufacturer's installation manual. By signing this notice,
60.10the purchaser(s) are acknowledging they have elected to use footings placed above the
60.11local frost line in accordance with the Minnesota State Building Code.
60.12The seller has explained the differences between the manufacturer's installation
60.13instructions and the installation system selected by the purchaser(s) with respect to
60.14possible effects of frost on the manufactured home.
60.15The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
60.16original warranty remaining on the home and recognize that any other extended or ancillary
60.17warranty could be adversely affected if any applicable warranty stipulates that the home
60.18be installed in accordance with the manufacturer's installation manual to remain effective.
60.19After the reinstallation of the manufactured home, it is highly recommended that the
60.20purchaser(s) have a licensed manufactured home installer recheck the home's installation
60.21for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
60.22The purchaser(s) of the used manufactured home described below that is being reinstalled
60.23acknowledge they have read this notice and have been advised to contact the manufacturer
60.24of the home and/or the Department of Labor and Industry if they desire additional
60.25information before signing this notice. It is the intent of this notice to inform the
60.26purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
60.27for the reinstallation of the manufactured home as originally required by the home's
60.28installation manual.
60.29Plain language notice.
60.30I understand that because this home will be installed with footings placed above the
60.31local frost line, this home may be subject to adverse effects from frost heave that may
60.32damage this home. Purchaser(s) initials: .......
60.33I understand that the installation of this home with footings placed above the local
60.34frost line could affect my ability to obtain a mortgage or mortgage insurance on this
60.35home. Purchaser(s) initials: .......
61.1I understand that the installation of this home with footings placed above the local
61.2frost line could void my warranty on the home if any warranty is still in place on this
61.3home. Purchaser(s) initials: .......
61.15Name of licensed installer and license number or homeowner responsible for the
61.16installation of the home as described above.
61.19EFFECTIVE DATE.This section is effective the day following final enactment.
61.20 Sec. 55. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
61.21 Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in
61.22accordance with sections326B.101 to
326B.151 , shall undertake or provide for the
61.23administration and enforcement of the manufactured home installation rules promulgated
61.24by the commissioner. Municipalities which have adopted the State Building Code may
61.25provide installation inspection and plan review services in noncode areas of the state.
61.26EFFECTIVE DATE.This section is effective the day following final enactment.
61.27 Sec. 56. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
61.28 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
61.29installation seals and inspections which are sufficient to cover all costs incurred in the
61.30administration of sections327.31 to
327.35 . The commissioner shall also establish by
61.31rule a monitoring inspection fee in an amount that will comply with the secretary's fee
61.32distribution program. This monitoring inspection fee shall be an amount paid by the
61.33manufacturer for each manufactured home produced in Minnesota. The monitoring
61.34inspection fee shall be paid by the manufacturer to the secretary. The rules of the
62.1fee distribution program require the secretary to distribute the fees collected from all
62.2manufactured home manufacturers among states approved and conditionally approved
62.3based on the number of new manufactured homes whose first location after leaving the
62.4manufacturer is on the premises of a distributor, dealer or purchaser in that state. Fees
62.5for inspections in areas that have not adopted the State Building Code must be equal to
62.6the fees for inspections in code areas of the state. Third party vendors may charge their
62.7usual and normal charge for inspections.
62.8EFFECTIVE DATE.This section is effective the day following final enactment.
62.9 Sec. 57. Minnesota Statutes 2010, section 327C.095, subdivision 12, is amended to
62.10read:
62.11 Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
62.12 (a) If a manufactured home owner is required to move due to the conversion of all or a
62.13portion of a manufactured home park to another use, the closure of a park, or cessation of
62.14use of the land as a manufactured home park, the manufactured park owner shall, upon
62.15the change in use, pay to the commissioner of management and budget for deposit in the
62.16Minnesota manufactured home relocation trust fund under section462A.35 , the lesser
62.17amount of the actual costs of moving or purchasing the manufactured home approved
62.18by the neutral third party and paid by the Minnesota Housing Finance Agency under
62.19subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
62.20home, and $6,000 for each multisection manufactured home, for which a manufactured
62.21home owner has made application for payment of relocation costs under subdivision 13,
62.22paragraph (c). The manufactured home park owner shall make payments required under
62.23this section to the Minnesota manufactured home relocation trust fund within 60 days of
62.24receipt of invoice from the neutral third party.
62.25 (b) A manufactured home park owner is not required to make the payment prescribed
62.26under paragraph (a), nor is a manufactured home owner entitled to compensation under
62.27subdivision 13, paragraph (a) or (e), if:
62.28 (1) the manufactured home park owner relocates the manufactured home owner to
62.29another space in the manufactured home park or to another manufactured home park at
62.30the park owner's expense;
62.31 (2) the manufactured home owner is vacating the premises and has informed the
62.32manufactured home park owner or manager of this prior to the mailing date of the closure
62.33statement under subdivision 1;
62.34 (3) a manufactured home owner has abandoned the manufactured home, or the
62.35manufactured home owner is not current on the monthly lot rental, personal property taxes;
63.1 (4) the manufactured home owner has a pending eviction action for nonpayment of
63.2lot rental amount under section327C.09 , which was filed against the manufactured home
63.3owner prior to the mailing date of the closure statement under subdivision 1, and the writ
63.4of recovery has been ordered by the district court;
63.5 (5) the conversion of all or a portion of a manufactured home park to another use,
63.6the closure of a park, or cessation of use of the land as a manufactured home park is the
63.7result of a taking or exercise of the power of eminent domain by a governmental entity
63.8or public utility; or
63.9 (6) the owner of the manufactured home is not a resident of the manufactured home
63.10park, as defined in section327C.01, subdivision 9 , or the owner of the manufactured home
63.11is a resident, but came to reside in the manufactured home park after the mailing date of
63.12the closure statement under subdivision 1.
63.13 (c) If the unencumbered fund balance in the manufactured home relocation trust fund
63.14is less than $1,000,000 as of June 30 of each year, the commissioner of management and
63.15budget shallannually assess each manufactured home park owner by mail the total amount
63.16of $12 for each licensed lot in their park, payable on or before September 15 ofeach that
63.17year. The commissioner of management and budget shall depositthe any payments in the
63.18Minnesota manufactured home relocation trust fund. On or before July 15 of each year,
63.19the commissioner of management and budget shall prepare and distribute to park owners a
63.20letter explaining whether funds are being collected for that year, information about the
63.21collection, an invoice for all licensed lots, and a sample form for the park owners to
63.22collect information on which park residents have been accounted for. If assessed under
63.23this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
63.24sum or as a monthly fee of no more than $1 collected from park residents together with
63.25monthly lot rent as provided in section327C.03, subdivision 6 . Park owners may adjust
63.26payment for lots in their park that are vacant or otherwise not eligible for contribution to
63.27the trust fund under section327C.095 , subdivision 12, paragraph (b), and deduct from the
63.28assessment accordingly.
63.29 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
63.30the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
63.31in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
63.32attorney fees, court costs, and disbursements.
63.33EFFECTIVE DATE.This section is effective the day following final enactment.
63.34 Sec. 58. REVISOR'S INSTRUCTION.
64.1The revisor of statutes shall renumber each section of Minnesota Statutes listed in
64.2column A with the number listed in column B. The revisor shall also make necessary
64.3cross-reference changes consistent with the renumbering.
64.33 Sec. 59. REPEALER.
64.34Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
64.35subdivision 3, are repealed.
64.36EFFECTIVE DATE.This section is effective January 1, 2012.
65.3 Section 1. EFFECTIVE DATE; RELATIONSHIP TO OTHER
65.4APPROPRIATIONS.
65.5Unless otherwise specified, this act is effective retroactively from July 1, 2011,
65.6and supersedes and replaces funding authorized by order of the Second Judicial District
65.7Court in Case No. 62-CV-11-5203.
1.3fees, licensing provisions, and programs; modifying certain occupational
1.4continuing education requirements; clarifying and modifying regulation of
1.5medical gas system and manufactured home provisions; requiring reports;
1.6appropriating money for jobs, economic development, and housing purposes;
1.7amending Minnesota Statutes 2010, sections 116J.035, by adding a subdivision;
1.8116J.551, subdivision 1; 181.723, subdivision 5; 182.6553, subdivision 6;
1.9268A.15, subdivision 4; 326B.04, subdivision 2; 326B.091; 326B.098; 326B.13,
1.10subdivision 8; 326B.148, subdivision 1; 326B.42, subdivisions 8, 9, 10, by
1.11adding subdivisions; 326B.435, subdivision 2; 326B.438; 326B.46, subdivisions
1.121, 1a, 1b, 2, 3; 326B.47, subdivisions 1, 3; 326B.49, subdivision 1; 326B.56,
1.13subdivision 1; 326B.58; 326B.82, subdivisions 2, 3, 7, 9; 326B.821, subdivisions
1.141, 5, 5a, 6, 7, 8, 9, 10, 11, 12, 15, 16, 18, 19, 20, 22, 23; 326B.865; 326B.89,
1.15subdivisions 6, 8; 327.32, subdivisions 1a, 1b, 1e, 1f, 7; 327.33, subdivision 2;
1.16327C.095, subdivision 12; 341.321; Laws 2009, chapter 78, article 1, section
1.1718; proposing coding for new law in Minnesota Statutes, chapters 116J; 326B;
1.18repealing Minnesota Statutes 2010, sections 326B.82, subdivisions 4, 6;
1.19326B.821, subdivision 3; Laws 2007, chapter 135, article 2, section 34.
1.20BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.23 1.24 |
Section 1. JOBS, ECONOMIC DEVELOPMENT, AND HOUSING APPROPRIATIONS. |
||||||
1.26in this article.
| 2.3 |
Sec. 2. JOBS, ECONOMIC DEVELOPMENT, AND HOUSING. |
||||||
2.5agencies and for the purposes specified in this article. The appropriations are from the
2.6general fund, or another named fund, and are available for the fiscal years indicated
2.7for each purpose. The figures "2012" and "2013" used in this article mean that the
2.8appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.9June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.10year 2013. "The biennium" is fiscal years 2012 and 2013.
| 2.11 |
APPROPRIATIONS |
||||||
| 2.12 |
Available for the Year |
||||||
| 2.13 |
Ending June 30 |
||||||
| 2.14 |
2012 |
2013 |
|||||
| 2.15 2.16 |
Sec. 3. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
||||||
| 2.17 |
Subdivision 1.Total Appropriation |
$ |
61,198,000 |
$ |
56,198,000 |
||
| 2.18 |
Appropriations by Fund |
||
| 2.19 |
2012 |
2013 |
|
| 2.20 |
General |
44,076,000 |
39,076,000 |
| 2.21 |
Remediation |
700,000 |
700,000 |
| 2.22 2.23 |
Workforce Development |
16,422,000 |
16,422,000 |
2.25purpose are specified in the following
2.26subdivisions.
| 2.27 2.28 |
Subd. 2.Business and Community Development |
13,281,000 |
8,281,000 |
||||
| 2.29 |
Appropriations by Fund |
||
| 2.30 |
General |
12,242,000 |
7,242,000 |
| 2.31 |
Remediation |
700,000 |
700,000 |
| 2.32 2.33 |
Workforce Development |
339,000 |
339,000 |
2.35second year are from the remediation fund for
2.36contaminated site cleanup and development
3.1grants under Minnesota Statutes, section
3.2116J.554. This appropriation is available
3.3until expended.
3.4(b) $1,022,000 the first year and $1,022,000
3.5the second year are from the general fund for
3.6contaminated site cleanup and development
3.7grants under Minnesota Statutes, section
3.8116J.554. The base funding for this program
3.9is $1,272,000 each year beginning in fiscal
3.10year 2014 and thereafter.
3.11(c) $150,000 the first year is from the general
3.12fund for a grant to WomenVenture for
3.13women's business development programs
3.14and for programs that encourage and assist
3.15women to enter nontraditional careers in the
3.16trades; manual and technical occupations;
3.17science, technology, engineering, and
3.18mathematics-related occupations; and green
3.19jobs. This appropriation may be matched
3.20dollar for dollar with any resources available
3.21from the federal government for these
3.22purposes with priority given to initiatives
3.23that have a goal of increasing by at least ten
3.24percent the number of women in occupations
3.25where women currently comprise less than
3.2625 percent of the workforce. This is a
3.27onetime appropriation.
3.28(d) $79,000 the first year is from the general
3.29fund and $50,000 the first year is from the
3.30workforce development fund for a grant to
3.31the Metropolitan Economic Development
3.32Association for continuing minority business
3.33development programs in the metropolitan
3.34area. This appropriation must be used for the
3.35sole purpose of providing free or reduced
4.1fee business consulting services to minority
4.2entrepreneurs and contractors. This is a
4.3onetime appropriation.
4.4(e)(1) $356,000 the first year is a onetime
4.5appropriation from the general fund for a
4.6grant to BioBusiness Alliance of Minnesota
4.7for bioscience business development
4.8programs to promote and position the state
4.9as a global leader in bioscience business
4.10activities. These funds may be used to create,
4.11recruit, retain, and expand biobusiness
4.12activity in Minnesota; implement the
4.13destination 2025 statewide plan; update
4.14a statewide assessment of the bioscience
4.15industry and the competitive position of
4.16Minnesota-based bioscience businesses
4.17relative to other states and other nations;
4.18and develop and implement business and
4.19scenario-planning models to create, recruit,
4.20retain, and expand biobusiness activity in
4.21Minnesota.
4.22(2) The BioBusiness Alliance must report
4.23each year by February 15 to the committees
4.24of the house of representatives and the senate
4.25having jurisdiction over bioscience industry
4.26activity in Minnesota on the use of funds;
4.27the number of bioscience businesses and
4.28jobs created, recruited, retained, or expanded
4.29in the state since the last reporting period;
4.30the competitive position of the biobusiness
4.31industry; and utilization rates and results of
4.32the business and scenario-planning models
4.33and outcomes resulting from utilization of
4.34the business and scenario-planning models.
5.1(f) $37,000 the first year is from the general
5.2fund for a grant to the Minnesota Inventors
5.3Congress, of which at least $3,700 must be
5.4used for youth inventors. This is a onetime
5.5appropriation.
5.6(g)(1) $100,000 the first year is from the
5.7workforce development fund for a grant
5.8under Minnesota Statutes, section 116J.421,
5.9to the Rural Policy and Development
5.10Center at St. Peter, Minnesota. The grant
5.11shall be used for research and policy
5.12analysis on emerging economic and social
5.13issues in rural Minnesota, to serve as a
5.14policy resource center for rural Minnesota
5.15communities, to encourage collaboration
5.16across higher education institutions, to
5.17provide interdisciplinary team approaches
5.18to research and problem-solving in rural
5.19communities, and to administer overall
5.20operations of the center. This is a onetime
5.21appropriation.
5.22(2) The grant shall be provided upon the
5.23condition that each state-appropriated
5.24dollar be matched with a nonstate dollar.
5.25Acceptable matching funds are nonstate
5.26contributions that the center has received and
5.27have not been used to match previous state
5.28grants. Any funds not spent the first year are
5.29available the second year.
5.30(h) $189,000 the first year is from
5.31the workforce development fund for
5.32entrepreneur and small business development
5.33direct professional business assistance in
5.34Blue Earth, Brown, Faribault, Le Sueur,
5.35Martin, Nicollet, Sibley, Watonwan, and
6.1Waseca Counties. These services must
6.2include, but are not limited to, preventure
6.3assistance for individuals considering
6.4starting a business. Funds must be awarded
6.5to an organization or organizations that can
6.6demonstrate leverage of at least an equal
6.7amount of federal funds. Any balance in the
6.8first year does not cancel but is available in
6.9the second year. The grant recipient must
6.10report to the commissioner by February 1
6.11of each year that the organization receives
6.12a grant with the number of customers
6.13served; the amount of direct consulting hours
6.14delivered; the number of new businesses
6.15started; the amount of capital accessed for
6.16business start-up or expansion; and the
6.17number of jobs created and retained in each
6.18county. The commissioner must report to
6.19the house of representatives and senate
6.20committees with jurisdiction over economic
6.21development finance on the effectiveness
6.22of these programs for assisting in the
6.23development of entrepreneurs and small
6.24businesses. This is a onetime appropriation.
6.25(i) $757,000 the second year is from the
6.26general fund and $339,000 the second year
6.27is from the workforce development fund for
6.28the business development competitive grant
6.29pilot program.
6.30(1) The commissioner shall develop and
6.31implement a competitive grant program
6.32for business development assistance
6.33and services including, but not limited
6.34to: minority business development,
6.35women's business development, rural
6.36business development, bioscience business
7.1development, entrepreneur development,
7.2and services to inventors. Of this amount,
7.3up to five percent is for administration and
7.4monitoring of the business development
7.5competitive grant program.
7.6(2) The commissioner must report to the
7.7legislative committees having jurisdiction
7.8over economic development issues by
7.9January 10 each year on the following:
7.10methodologies and processes for soliciting
7.11and evaluating grant proposals; criteria and
7.12methodology for selecting grant recipients;
7.13methods and procedures for monitoring the
7.14use of grant awards including expenditures
7.15for administrative expenses by grant
7.16recipients; and methods for measuring
7.17outcomes and accomplishments of grant
7.18recipients including but not limited to the
7.19total number of new jobs created by each
7.20grant recipient, average wage of new jobs
7.21created, amount of private funds leveraged,
7.22number of new businesses created and the
7.23number of new jobs per business, return
7.24on investment to the state, and ongoing
7.25solicitation and feedback from interested
7.26parties regarding ongoing improvement
7.27and enhancement to the competitive grant
7.28program. The commissioner must also report
7.29on department expenditures related to the
7.30administration and monitoring of grants
7.31under this subdivision.
7.32(j) $1,492,000 each year is from the general
7.33fund for the Minnesota Trade Office.
7.34(k) $3,000,000 the first year is from the
7.35general fund for the Minnesota investment
8.1fund under Minnesota Statutes, section
8.2116J.8731. This is a onetime appropriation
8.3and is available until spent.
8.4(l) $2,000,000 the first year is from the
8.5general fund for grants under Minnesota
8.6Statutes, section 116J.571, for the
8.7redevelopment program. This is a onetime
8.8appropriation and is available until spent.
8.9(m) $135,000 the first year is from the general
8.10fund for a grant to Advocating Change
8.11Together for training, technical assistance,
8.12and resource materials for persons with
8.13developmental and mental illness disabilities.
8.14This is a onetime appropriation.
8.15(n) $250,000 each year is from the general
8.16fund for a grant to Enterprise Minnesota, Inc.,
8.17for the small business growth acceleration
8.18program under Minnesota Statutes, section
8.19116O.115. This is a onetime appropriation.
| 8.20 |
Subd. 3.Workforce Development |
46,898,000 |
46,898,000 |
||||
| 8.21 |
Appropriations by Fund |
||
| 8.22 |
General |
30,815,000 |
30,815,000 |
| 8.23 8.24 |
Workforce Development |
16,083,000 |
16,083,000 |
8.26fund for the Minnesota job skills partnership
8.27program under Minnesota Statutes, sections
8.28116L.01 to 116L.17. If the appropriation for
8.29either year is insufficient, the appropriation
8.30for the other year is available. This
8.31appropriation is available until spent.
8.32(b) $10,800,000 each year is from the general
8.33fund for the state's vocational rehabilitation
8.34program under Minnesota Statutes, chapter
8.35268A.
9.1(c) $5,928,000 each year is from the general
9.2fund for the state services for the blind
9.3activities.
9.4(d) $2,261,000 each year is from the general
9.5fund for grants to centers for independent
9.6living under Minnesota Statutes, section
9.7268A.11.
9.8(e) $315,000 the first year is from the general
9.9fund and $105,000 the first year is from the
9.10workforce development fund for a grant
9.11under Minnesota Statutes, section 116J.8747,
9.12to Twin Cities RISE! to provide training to
9.13hard-to-train individuals. This is a onetime
9.14appropriation.
9.15(f) $135,000 the first year is from the general
9.16fund and $50,000 the first year is from the
9.17workforce development fund for a grant
9.18to Northern Connections in Perham to
9.19implement and operate a workforce program
9.20that provides one-stop supportive services
9.21to individuals as they transition into the
9.22workforce. This is a onetime appropriation.
9.23(g) $5,245,000 each year is from the general
9.24fund and $6,830,000 each year is from the
9.25workforce development fund for extended
9.26employment services for persons with severe
9.27disabilities or related conditions under
9.28Minnesota Statutes, section 268A.15. Of
9.29the general fund appropriation, $125,000
9.30each year is to supplement funds paid for
9.31wage incentives for the community support
9.32fund established in Minnesota Rules, part
9.333300.2045. Notwithstanding Minnesota
9.34Rules, parts 3300.2030 to 3300.2055, the
9.35commissioner may adjust contracts with
10.1eligible extended employment providers in
10.2order to achieve required reductions through
10.3June 30, 2013.
10.4(h) $1,555,000 each year is from the general
10.5fund for grants to programs that provide
10.6employment support services to persons with
10.7mental illness under Minnesota Statutes,
10.8sections 268A.13 and 268A.14. Grants
10.9may be used for special projects for young
10.10people with mental illness transitioning from
10.11school to work and people with serious
10.12mental illness receiving services through
10.13a mental health court or civil commitment
10.14court. Special projects must demonstrate
10.15interagency collaboration.
10.16(i) $130,000 the first year is from the general
10.17fund and $175,000 the first year is from the
10.18workforce development fund for a grant
10.19under Minnesota Statutes, section 268A.03,
10.20to Rise, Inc. for the Minnesota Employment
10.21Center for People Who are Deaf or Hard
10.22of Hearing. Money not expended the first
10.23year is available the second year. This is a
10.24onetime appropriation.
10.25(j) $90,000 the first year is from the general
10.26fund and $200,000 the first year is from the
10.27workforce development fund for a grant to
10.28Lifetrack Resources for its immigrant and
10.29refugee collaborative program, including
10.30those related to job-seeking skills and
10.31workplace orientation, intensive job
10.32development, functional work English, and
10.33on-site job coaching. This appropriation may
10.34also be used in Rochester. This is a onetime
10.35appropriation.
11.1(k) $1,375,000 the first year is from the
11.2workforce development fund for the
11.3Opportunities Industrialization Center
11.4programs. The OIC State Council must
11.5not be colocated with the Department of
11.6Employment and Economic Development.
11.7Of this amount, $3,000 may be used for
11.8relocation expenses. This is a onetime
11.9appropriation.
11.10(l) $160,000 the first year is from the general
11.11fund for a grant to Minnesota Diversified
11.12Industries, Inc., to provide progressive
11.13development and employment opportunities
11.14for people with disabilities. This is a onetime
11.15appropriation.
11.16(m) $830,000 the second year is from the
11.17general fund and $1,905,000 the second year
11.18is from the workforce development fund for
11.19the adult workforce development competitive
11.20grant pilot program.
11.21(1) The commissioner in consultation with
11.22the Governor's Workforce Development
11.23Council shall develop and implement
11.24a competitive grant program for adult
11.25workforce development activities including,
11.26but not limited to: job training, job search,
11.27job placement, preemployment and job
11.28readiness skills, progressive development
11.29and employment opportunities for people
11.30with disabilities, employment services
11.31targeted to people who are deaf or hard of
11.32hearing, and transition to work from public
11.33assistance. Of this amount, up to five percent
11.34is for administration and monitoring of the
12.1adult workforce development competitive
12.2grant pilot program.
12.3(2) The commissioner must report to the
12.4legislative committees having jurisdiction
12.5over economic development issues by
12.6January 10 each year on the following:
12.7methodologies and processes for soliciting
12.8and evaluating grant proposals; criteria and
12.9methodology for selecting grant recipients;
12.10methods and procedures for monitoring the
12.11use of grant awards including expenditures
12.12for administrative expenses by grant
12.13recipients; and methods for measuring
12.14outcomes and accomplishments of grant
12.15recipients including but not limited to the
12.16total number of job placements by each grant
12.17recipient, average wage of jobs in which
12.18clients served by grant recipients are placed,
12.19specific job skills developed and measures
12.20of improved employability or employment
12.21opportunities by the clients of the grant
12.22recipients, amount of private funds leveraged,
12.23return on investment to the state, and ongoing
12.24solicitation and feedback from interested
12.25parties regarding ongoing improvement
12.26and enhancement to the competitive grant
12.27program. The commissioner must also report
12.28on department expenditures related to the
12.29administration and monitoring of grants
12.30under this subdivision.
12.31(n) $3,500,000 each year is from the
12.32workforce development fund for the
12.33Minnesota youth program under Minnesota
12.34Statutes, sections 116L.56 and 116L.561.
13.1(o) $900,000 the first year is a onetime
13.2appropriation from the workforce
13.3development fund for grants for the
13.4Minneapolis summer youth employment
13.5program. The commissioner shall establish
13.6criteria for awarding the grant.
13.7(p) $300,000 the first year is from the
13.8workforce development fund for a grant to
13.9the Minneapolis learn-to-earn summer youth
13.10employment program. This is a onetime
13.11appropriation.
13.12(q) $750,000 the first year is a onetime
13.13appropriation from the workforce
13.14development fund for a grant to the
13.15Minnesota Alliance of Boys and Girls
13.16Clubs to administer a statewide project
13.17of youth jobs skills development. This
13.18project, which may have career guidance
13.19components, including health and life skills,
13.20is to encourage, train, and assist youth in
13.21job-seeking skills, workplace orientation,
13.22and job site knowledge through coaching.
13.23This grant requires a 25 percent match from
13.24nonstate resources.
13.25(r) $558,000 the first year is a onetime
13.26appropriation from the workforce
13.27development fund for grants to fund summer
13.28youth employment in St. Paul. The
13.29commissioner shall establish criteria for
13.30awarding the grant.
13.31(s) $1,000,000 each year is from the
13.32workforce development fund for the
13.33youthbuild program under Minnesota
13.34Statutes, sections 116L.361 to 116L.366.
14.1(t) $340,000 the first year is a onetime
14.2appropriation from the workforce
14.3development fund for grants to provide
14.4interpreters for a regional transition program
14.5that specializes in providing culturally
14.6appropriate transition services leading to
14.7employment for deaf, hard-of-hearing, and
14.8deafblind students.
14.9(u) $2,848,000 the second year is from the
14.10workforce development fund for the youth
14.11workforce development competitive grant
14.12pilot program.
14.13(1) The commissioner in consultation with
14.14the Governor's Workforce Development
14.15Council shall develop and implement a
14.16competitive grant program to provide
14.17workforce development activities and
14.18training to youth in Minnesota. Of
14.19this amount, up to five percent is for
14.20administration and monitoring of the youth
14.21workforce development competitive grant
14.22pilot program.
14.23(2) The commissioner must report to the
14.24legislative committees having jurisdiction
14.25over economic development issues by
14.26January 10 each year on the following:
14.27methodologies and processes for soliciting
14.28and evaluating grant proposals; criteria and
14.29methodology for selecting grant recipients;
14.30methods and procedures for monitoring the
14.31use of grant awards including expenditures
14.32for administrative expenses by grant
14.33recipients; and methods for measuring
14.34outcomes and accomplishments of grant
14.35recipients including but not limited to the
15.1total number of youth served by each grant
15.2recipient, number of job placements, job
15.3search, training or placement services,
15.4education or other employment-related
15.5services, preemployment skill development,
15.6average wage of jobs, amount of private
15.7funds leveraged, return on investment
15.8to the state, and ongoing solicitation
15.9and feedback from interested parties
15.10regarding ongoing improvement and
15.11enhancement to the competitive grant
15.12program. The commissioner must also report
15.13on department expenditures related to the
15.14administration and monitoring of grants
15.15under this subdivision.
15.16(3) In awarding grants under this subdivision,
15.17consideration must be given to programs that
15.18target deaf, hard of hearing, and deaf/blind
15.19students.
| 15.20 |
Subd. 4.State-Funded Administration |
1,019,000 |
1,019,000 |
||||
| 15.21 |
Subd. 5.Competitive Grant Limitations |
||||||
15.23appropriation under this section is not
15.24eligible to participate in competitive grant
15.25programs established under this section
15.26during the fiscal years in which the direct
15.27appropriations are received.
| 15.28 |
Sec. 4. HOUSING FINANCE AGENCY |
||||||
| 15.29 |
Subdivision 1.Total Appropriation |
$ |
38,048,000 |
$ |
38,048,000 |
||
15.31purpose are specified in the following
15.32subdivisions.
15.33This appropriation is for transfer to the
15.34housing development fund for the programs
16.1specified. Except as otherwise indicated, this
16.2transfer is part of the agency's permanent
16.3budget base.
| 16.4 |
Subd. 2.Challenge Program |
6,955,000 |
6,955,000 |
||||
16.6challenge program under Minnesota
16.7Statutes, section 462A.33. Of this amount,
16.8$1,208,000 each year shall be made available
16.9during the first eight months of the fiscal
16.10year exclusively for housing projects for
16.11American Indians. Any funds not committed
16.12to housing projects for American Indians in
16.13the first eight months of the fiscal year shall
16.14be available for any eligible activity under
16.15Minnesota Statutes, section 462A.33.
| 16.16 |
Subd. 3.Housing Trust Fund |
9,555,000 |
9,555,000 |
||||
16.18for the purposes provided under Minnesota
16.19Statutes, section 462A.201.
| 16.20 |
Subd. 4.Rental Assistance for Mentally Ill |
2,638,000 |
2,638,000 |
||||
16.22persons with a mental illness or families with
16.23an adult member with a mental illness under
16.24Minnesota Statutes, section
| 16.25 |
Subd. 5.Family Homeless Prevention |
7,465,000 |
7,465,000 |
||||
16.27assistance programs under Minnesota
16.28Statutes, section
| 16.29 |
Subd. 6.Home Ownership Assistance Fund |
797,000 |
797,000 |
||||
16.31under Minnesota Statutes, section 462A.21,
16.32subdivision 8.
| 16.33 |
Subd. 7.Affordable Rental Investment Fund |
7,313,000 |
7,313,000 |
||||
17.2program under Minnesota Statutes, section
17.3
17.4is to finance the acquisition, rehabilitation,
17.5and debt restructuring of federally assisted
17.6rental property and for making equity
17.7take-out loans under Minnesota Statutes,
17.8section 462A.05, subdivision 39.
17.9(b) The owner of federally assisted rental
17.10property must agree to participate in
17.11the applicable federally assisted housing
17.12program and to extend any existing
17.13low-income affordability restrictions on the
17.14housing for the maximum term permitted.
17.15The owner must also enter into an agreement
17.16that gives local units of government,
17.17housing and redevelopment authorities,
17.18and nonprofit housing organizations the
17.19right of first refusal if the rental property
17.20is offered for sale. Priority must be given
17.21among comparable federally assisted rental
17.22properties to properties with the longest
17.23remaining term under an agreement for
17.24federal assistance. Priority must also be
17.25given among comparable rental housing
17.26developments to developments that are or
17.27will be owned by local government units, a
17.28housing and redevelopment authority, or a
17.29nonprofit housing organization.
17.30(c) The appropriation also may be used to
17.31finance the acquisition, rehabilitation, and
17.32debt restructuring of existing supportive
17.33housing properties. For purposes of this
17.34subdivision, "supportive housing" means
17.35affordable rental housing with links to
17.36services necessary for individuals, youth, and
18.1families with children to maintain housing
18.2stability.
| 18.3 |
Subd. 8.Housing Rehabilitation |
2,449,000 |
2,449,000 |
||||
18.5under Minnesota Statutes, section
18.6subdivision 14, for rental housing
18.7developments.
| 18.8 18.9 |
Subd. 9.Homeownership Education, Counseling, and Training |
751,000 |
751,000 |
||||
18.11counseling, and training program under
18.12Minnesota Statutes, section
18.13Notwithstanding Minnesota Statutes, section
18.14462A.209, subdivision 7, paragraph (b),
18.15more than one-half of the funds awarded
18.16for foreclosure prevention and assistance
18.17activities may be used for mortgage or
18.18financial counseling services.
| 18.19 |
Subd. 10.Capacity-Building Grants |
125,000 |
125,000 |
||||
18.21under Minnesota Statutes, section 462A.21,
18.22subdivision 3b.
| 18.23 18.24 |
Sec. 5. DEPARTMENT OF LABOR AND INDUSTRY |
||||||
| 18.25 |
Subdivision 1.Total Appropriation |
$ |
22,717,000 |
$ |
22,717,000 |
||
| 18.26 |
Appropriations by Fund |
||
| 18.27 |
2012 |
2013 |
|
| 18.28 |
General |
817,000 |
817,000 |
| 18.29 18.30 |
Workers' Compensation |
20,871,000 |
20,871,000 |
| 18.31 18.32 |
Workforce Development |
1,029,000 |
1,029,000 |
18.34purpose are specified in the following
18.35subdivisions.
| 19.1 |
Subd. 2.Workers' Compensation |
14,832,000 |
14,832,000 |
||||
19.3compensation fund.
19.4$200,000 each year is for grants to the
19.5Vinland Center for rehabilitation services.
19.6Grants shall be distributed as the department
19.7refers injured workers to the Vinland Center
19.8for rehabilitation services.
| 19.9 |
Subd. 3.Labor Standards and Apprenticeship |
1,846,000 |
1,846,000 |
||||
| 19.10 |
Appropriations by Fund |
||
| 19.11 |
General |
817,000 |
817,000 |
| 19.12 19.13 |
Workforce Development |
1,029,000 |
1,029,000 |
19.15general fund for the labor standards and
19.16apprenticeship program.
19.17(b) $879,000 each year is appropriated from
19.18the workforce development fund for the
19.19apprenticeship program under Minnesota
19.20Statutes, chapter 178, and includes $100,000
19.21for labor education and advancement
19.22program grants and to expand and promote
19.23registered apprenticeship training in
19.24nonconstruction trade programs.
19.25(c) $150,000 each year is appropriated
19.26from the workforce development fund for
19.27prevailing wage enforcement.
| 19.28 |
Subd. 4.General Support |
6,039,000 |
6,039,000 |
||||
19.30compensation fund.
| 19.31 19.32 |
Sec. 6. BUREAU OF MEDIATION SERVICES |
||||||
| 19.33 |
Subdivision 1.Total Appropriation |
$ |
1,584,000 |
$ |
1,584,000 |
||
20.2purpose are specified in the following
20.3subdivisions.
| 20.4 |
Subd. 2.Mediation Services |
1,516,000 |
1,516,000 |
||||
| 20.5 20.6 |
Subd. 3.Labor Management Cooperation Grants |
68,000 |
68,000 |
||||
20.8management committees. Grants may be
20.9awarded for a 12-month period beginning
20.10July 1 each year. Any unencumbered balance
20.11remaining at the end of the first year does not
20.12cancel but is available for the second year.
| 20.13 20.14 |
Sec. 7. WORKERS' COMPENSATION COURT OF APPEALS |
$ |
1,703,000 |
$ |
1,703,000 |
||
20.16compensation fund.
| 20.17 |
Sec. 8. BOARD OF ACCOUNTANCY |
$ |
480,000 |
$ |
480,000 |
||
| 20.18 20.19 20.20 20.21 |
Sec. 9. BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN |
$ |
774,000 |
$ |
774,000 |
||
| 20.22 20.23 |
Sec. 10. BOARD OF COSMETOLOGIST EXAMINERS |
$ |
1,046,000 |
$ |
1,046,000 |
||
| 20.24 |
Sec. 11. BOARD OF BARBER EXAMINERS |
$ |
257,000 |
$ |
257,000 |
||
| 20.25 20.26 |
Sec. 12. MINNESOTA SCIENCE AND TECHNOLOGY AUTHORITY |
$ |
107,000 |
$ |
107,000 |
||
| 20.27 |
Sec. 13. TRANSFERS |
||||||
20.292011, estimated to be $1,575,000, of funds
20.30collected for unemployment insurance state
20.31administration under Minnesota Statutes,
21.1section 268.18, is transferred to the general
21.2fund before the closing of fiscal year 2011.
21.3In fiscal years 2012 and 2013, the
21.4unexpended balance of funds collected for
21.5unemployment insurance state administration
21.6under Minnesota Statutes, section 268.18,
21.7estimated to be $900,000 each year, is
21.8transferred to the general fund before the
21.9closing of each fiscal year.
21.10The deposits in each year of the biennium
21.11into the contingent account created under
21.12Minnesota Statutes, section 268.199,
21.13estimated to be $6,450,000 each year, shall
21.14be transferred before the closing of each
21.15fiscal year to the general fund.
21.18 Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
21.19subdivision to read:
21.20 Subd. 7. Monitoring pass-through grant recipients. The commissioner shall
21.21monitor the activities and outcomes of programs and services funded by legislative
21.22appropriations and administered by the department on a pass-through basis. Unless
21.23amounts are otherwise appropriated for administrative costs, the commissioner may
21.24retain up to five percent of the amount appropriated to the department for grants to
21.25pass-through entities. Amounts retained are deposited to a special revenue account and
21.26are appropriated to the commissioner for costs incurred in administering and monitoring
21.27the pass-through grants.
21.28 Sec. 2. Minnesota Statutes 2010, section 116J.551, subdivision 1, is amended to read:
21.29 Subdivision 1. Grant account. A contaminated site cleanup and development grant
21.30account is created in the special revenue fund, general fund, petroleum tank fund, and
21.31remediation fund. Money in
21.32grants as provided in section
22.1applications and making grants. Notwithstanding section
22.2the
22.3EFFECTIVE DATE.This section is effective retroactively from July 1, 2010.
22.4 Sec. 3. [116J.881] SMALL BUSINESS LOAN GUARANTEE PROGRAM.
22.5 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
22.6have the meanings given.
22.7(b) "Borrower" means a small business receiving an eligible loan under this section.
22.8(c) "Commissioner" means the commissioner of employment and economic
22.9development.
22.10(d) "Eligible loan" means a loan to a small business to be used for business
22.11purposes exclusively in Minnesota, including: construction; remodeling or renovation;
22.12leasehold improvements; the purchase of land and buildings; business acquisitions,
22.13including employee stock ownership plan financing; machinery or equipment purchases,
22.14maintenance, or repair; expenses related to moving into or within Minnesota; and working
22.15capital when the working capital is secured by fixed assets.
22.16(e) "Loan guarantee" means a guarantee of 70 percent of the loan amount provided
22.17by a QED lender. The guaranteed portion of the loan must not exceed $1,500,000.
22.18(f) "Loan guarantee trust fund" means a dedicated fund established under this
22.19section for the purpose of compensation for defaulted loan guarantees and for program
22.20administration.
22.21(g) "Loan purchaser" means an institutional investor that purchases, holds, and
22.22services small business loans on a nonrecourse basis from QED lenders participating in
22.23the small business loan guarantee program.
22.24(h) "Qualified economic development lender" or "QED lender" means a public entity
22.25or a private nonprofit economic development organization whose headquarters is located
22.26in Minnesota with not less than three years of active lending experience that provides
22.27financing to small businesses in partnership with banks and other commercial lenders, and
22.28that originates subordinated loans to small businesses for sale to the secondary market.
22.29(i) "Secondary market" means the market in which loans are sold to investors, either
22.30directly or through an intermediary.
22.31(j) "Small business" means a business employing no more than 500 persons in
22.32Minnesota.
22.33(k) "Subordinated loan" means a loan secured by a lien that is lower in priority than
22.34one or more specified other liens.
23.1 Subd. 2. Loan guarantee program. A small business loan guarantee program to
23.2support the origination and sale of eligible subordinated loans to the secondary market by
23.3providing a credit enhancement in the form of a partial guarantee of small business loans
23.4that are made to Minnesota businesses by a QED lender is created in the Department of
23.5Employment and Economic Development. A loan guarantee shall be provided for eligible
23.6loans under this section only when a bank or other commercial lender provides at least 50
23.7percent of the total amount loaned to the small business. The loan guarantee shall apply
23.8only to the portion of the loan that was made by the QED lender.
23.9 Subd. 3. Required provisions. Loan guarantees under this section for loans to be
23.10sold on the secondary market by QED lenders shall provide that:
23.11(1) principal and interest payments made by the borrower under the terms of the loan
23.12are applied by the loan purchaser to reduce the guaranteed and nonguaranteed portion of
23.13the loan on a proportionate basis. The nonguaranteed portion shall not receive preferential
23.14treatment over the guaranteed portion;
23.15(2) the loan purchaser shall not accelerate repayment of the loan or exercise other
23.16remedies if the borrower defaults, unless:
23.17(i) the borrower fails to make a required payment of principal or interest;
23.18(ii) the commissioner consents in writing; or
23.19(iii) the loan guarantee agreement provides for accelerated repayment or other
23.20remedies.
23.21 In the event of a default, the loan purchaser may not make a demand for payment
23.22pursuant to the guarantee unless the commissioner agrees in writing that the default has
23.23materially affected the rights or security of the parties, and finds that the loan purchaser is
23.24entitled to receive payment pursuant to the loan guarantee;
23.25(3) there is a written commitment from one or more secondary market investors to
23.26purchase the loan, subject to the provision of a state loan guarantee;
23.27(4) the QED lender has timely prepared and delivered to the commissioner, annually
23.28by the date specified in the loan guarantee, an audited or reviewed financial statement
23.29for the loan, prepared by a certified public accountant according to generally accepted
23.30accounting principles, and documentation that the borrower used the loan proceeds solely
23.31for purposes of its Minnesota operations;
23.32(5) the commissioner has access to the original loan documents prior to approval of
23.33the state credit enhancement to facilitate the sale of the loan to the secondary market;
23.34(6) the QED lender maintains adequate records and documents concerning the
23.35original loan so that the commissioner may determine the borrower's financial condition
23.36and compliance with program requirements; and
24.1(7) orderly liquidation of collateral securing the original loan is provided for in
24.2the event of default, with an option on the part of the commissioner to acquire the loan
24.3purchaser's interest in the assets pursuant to the loan guarantee.
24.4 Subd. 4. Loan guarantee trust fund established. A loan guarantee trust fund
24.5account in the special revenue fund is created in the state treasury to pay for defaulted
24.6loan guarantees. The commissioner shall administer this fund and provide annual reports
24.7concerning the performance of the fund to the chairs of the standing committees of the
24.8house of representatives and senate having jurisdiction over economic development issues.
24.9 Subd. 5. Limitation. At no time shall total outstanding loan guarantees for loans
24.10sold to the secondary market exceed five times the amount on deposit in the loan guarantee
24.11trust fund.
24.12 Subd. 6. Guarantee fee. Participating QED lenders shall pay a fee to the fund of
24.130.25 percent of the principal amount of each guaranteed loan upon approval of each loan
24.14guarantee. The guarantee fee, along with any interest earnings from the trust fund, shall
24.15be used only for the administration of the small business loan guarantee program and
24.16as additional loan loss reserves.
24.17 Subd. 7. Loan guarantee application. The commissioner shall prepare a form for
24.18QED lenders to use in applying for loan guarantees under this section. The form shall
24.19include the following information:
24.20(1) the name and contact information for the QED lender, including the name and
24.21title of a contact person;
24.22(2) the names of the financial institutions, including the names and titles of contact
24.23persons, that are participating in the total financing being provided to the small business
24.24borrower, along with the dollar amount of the loan provided by the financial institution;
24.25(3) the percentage and dollar amount of the subordinated debt loan provided to the
24.26Minnesota small business by the QED lender; and
24.27(4) the loan guarantee amount that is requested from the program.
24.28 Subd. 8. Notice and application process. Subject to the availability of funds under
24.29subdivision 4, the commissioner shall publish a notice regarding the opportunity for QED
24.30lenders to originate loans for which the loan guarantee may be secured as the loans are
24.31prepared for sale to the secondary market. The commissioner shall decide whether to
24.32provide a loan guarantee for each loan based on:
24.33(1) the completeness of the loan guarantee application;
24.34(2) the availability of funds in the loan guarantee trust fund; and
24.35(3) execution of agreements that satisfy requirements established in subdivision 3.
25.1 Sec. 4. Minnesota Statutes 2010, section 268A.15, subdivision 4, is amended to read:
25.2 Subd. 4. Evaluation. The commissioner of employment and economic development
25.3shall evaluate the extended employment program to determine whether the purpose of
25.4extended employment as defined in subdivision 2 is being achieved. The evaluation
25.5must include information for the preceding funding year derived from the independent
25.6compliance audits of extended employment service providers submitted to the department
25.7on or before October 31 of each year. The evaluation must include an assessment
25.8of whether workers in the extended employment program are satisfied with their
25.9employment. A written report of this evaluation must be prepared at least every two years
25.10and made available to the public.
25.11 Sec. 5. Minnesota Statutes 2010, section 341.321, is amended to read:
25.12341.321 FEE SCHEDULE.
25.13 (a) The fee schedule for professional licenses issued by the commission is as follows:
25.14 (1) referees,
25.15 (2) promoters, $400 for each initial license and each renewal;
25.16 (3) judges and knockdown judges,
25.17 (4) trainers,
25.18 (5) ring announcers,
25.19 (6) seconds,
25.20 (7) timekeepers,
25.21 (8) combatants,
25.22 (9) managers,
25.23 (10) ringside physicians,
25.24In addition to the license fee and the late filing penalty fee in section
25.26same day the combative sporting event is held shall pay a late fee of $100 plus the original
25.27license fee of $45 at the time the application is submitted.
25.28 (b) The fee schedule for amateur licenses issued by the commission is as follows:
25.29 (1) referees,
25.30 (2) promoters,
25.31 (3) judges and knockdown judges,
25.32 (4) trainers,
25.33 (5) ring announcers,
25.34 (6) seconds,
25.35 (7) timekeepers,
26.1 (8) combatant,
26.2 (9) managers,
26.3 (10) ringside physicians,
26.4 (c) The commission shall establish a contest fee for each combative sport contest.
26.5The professional combative sport contest fee is $1,500 per event or not more than four
26.6percent of the gross ticket sales, whichever is greater, as determined by the commission
26.7when the combative sport contest is scheduled, except that the amateur combative sport
26.8contest fee shall be
26.9whichever is greater. The commission shall consider the size and type of venue when
26.10establishing a contest fee. The commission may establish the maximum number of
26.11complimentary tickets allowed for each event by rule.
26.12combative sport contest fee is nonrefundable.
26.13 (d) All fees and penalties collected by the commission must be deposited in the
26.14commission account in the special revenue fund.
26.15 Sec. 6. Laws 2009, chapter 78, article 1, section 18, is amended to read:
| 26.16 26.17 |
Sec. 18. COMBATIVE SPORTS COMMISSION |
$ |
80,000 |
$ |
80,000 |
||
26.19
26.20
26.21
26.22
26.23
26.24
26.25
26.26
26.27
26.28 Sec. 7. REPEALER.
26.29Laws 2007, chapter 135, article 2, section 34, is repealed.
26.32 Section 1. Minnesota Statutes 2010, section 181.723, subdivision 5, is amended to read:
27.1 Subd. 5. Application. To obtain an independent contractor exemption certificate,
27.2the individual must submit, in the manner prescribed by the commissioner, a complete
27.3application and the certificate fee required under subdivision 14.
27.4 (a) A complete application must include all of the following information:
27.5 (1) the individual's full name;
27.6 (2) the individual's residence address and telephone number;
27.7 (3) the individual's business name, address, and telephone number;
27.8 (4) the services for which the individual is seeking an independent contractor
27.9exemption certificate;
27.10 (5) the individual's Social Security number;
27.11 (6) the individual's or the individual's business federal employer identification
27.12number, if a number has been issued to the individual or the individual's business;
27.13 (7) any information or documentation that the commissioner requires by rule that
27.14will assist the department in determining whether to grant or deny the individual's
27.15application; and
27.16 (8) the individual's sworn statement that the individual meets all of the following
27.17conditions:
27.18 (i) maintains a separate business with the individual's own office, equipment,
27.19materials, and other facilities;
27.20 (ii) holds or has applied for a federal employer identification number or has filed
27.21business or self-employment income tax returns with the federal Internal Revenue Service
27.22if the person has performed services in the previous year for which the individual is
27.23seeking the independent contractor exemption certificate;
27.24 (iii) operates under contracts to perform specific services for specific amounts of
27.25money and under which the individual controls the means of performing the services;
27.26 (iv) incurs the main expenses related to the service that the individual performs
27.27under contract;
27.28 (v) is responsible for the satisfactory completion of services that the individual
27.29contracts to perform and is liable for a failure to complete the service;
27.30 (vi) receives compensation for service performed under a contract on a commission
27.31or per-job or competitive bid basis and not on any other basis;
27.32 (vii) may realize a profit or suffer a loss under contracts to perform service;
27.33 (viii) has continuing or recurring business liabilities or obligations; and
27.34 (ix) the success or failure of the individual's business depends on the relationship of
27.35business receipts to expenditures.
28.1 (b) Individuals who are applying for or renewing a residential building contractor or
28.2residential remodeler license under sections
28.3326B.815, 326B.821
28.4promulgated pursuant thereto, may simultaneously apply for or renew an independent
28.5contractor exemption certificate. The commissioner shall create an application form
28.6that allows for the simultaneous application for both a residential building contractor
28.7or residential remodeler license and an independent contractor exemption certificate.
28.8If individuals simultaneously apply for or renew a residential building contractor or
28.9residential remodeler license and an independent contractor exemption certificate using
28.10the form created by the commissioner, individuals shall only be required to provide, in
28.11addition to the information required by section
28.12thereto, the sworn statement required by paragraph (a), clause (8), and any additional
28.13information required by this subdivision that is not also required by section
28.14and any rules promulgated thereto.
28.15
28.16
28.17
28.18effect before March 1, 2009, shall remain in effect until March 1, 2013, unless revoked by
28.19the commissioner or canceled by the individual.
28.20 (c) Within 30 days of receiving a complete application and the certificate fee, the
28.21commissioner must either grant or deny the application. The commissioner may deny
28.22an application for an independent contractor exemption certificate if the individual has
28.23not submitted a complete application and certificate fee or if the individual does not
28.24meet all of the conditions for holding the independent contractor exemption certificate.
28.25The commissioner may revoke an independent contractor exemption certificate if the
28.26commissioner determines that the individual no longer meets all of the conditions for
28.27holding the independent contractor exemption certificate, commits any of the actions
28.28set out in subdivision 7, or fails to cooperate with a department investigation into the
28.29continued validity of the individual's certificate. Once issued, an independent contractor
28.30exemption certificate remains in effect for four years unless:
28.31 (1) revoked by the commissioner; or
28.32 (2) canceled by the individual.
28.33 (d) If the department denies an individual's original or renewal application for
28.34an independent contractor exemption certificate or revokes an independent contractor
28.35exemption certificate, the commissioner shall issue to the individual an order denying or
28.36revoking the certificate. The commissioner may issue an administrative penalty order to
29.1an individual or person who commits any of the actions set out in subdivision 7. The
29.2commissioner may file and enforce the unpaid portion of a penalty as a judgment in
29.3district court without further notice or additional proceedings.
29.4 (e) An individual or person to whom the commissioner issues an order under
29.5paragraph (d) shall have 30 days after service of the order to request a hearing. The
29.6request for hearing must be in writing and must be served on or faxed to the commissioner
29.7at the address or facsimile number specified in the order by the 30th day after service of
29.8the order. If the individual does not request a hearing or if the individual's request for a
29.9hearing is not served on or faxed to the commissioner by the 30th day after service of the
29.10order, the order shall become a final order of the commissioner and will not be subject to
29.11review by any court or agency. The date on which a request for hearing is served by mail
29.12shall be the postmark date on the envelope in which the request for hearing is mailed. If
29.13the individual serves or faxes a timely request for hearing, the hearing shall be a contested
29.14case hearing and shall be held in accordance with chapter 14.
29.15 Sec. 2. Minnesota Statutes 2010, section 182.6553, subdivision 6, is amended to read:
29.16 Subd. 6. Enforcement. This section shall be enforced by the commissioner under
29.17
29.18provided under section
29.19 Sec. 3. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
29.20 Subd. 2. Deposits. Unless otherwise specifically designated by law: (1) all money
29.21collected under sections
29.22326B.101
29.23to
29.25fees collected under
29.26continuing education for
29.27
29.28to the construction code fund; and (3) all penalties assessed under the sections set forth
29.29in clauses (1) and (2) and all penalties assessed under sections
29.30connection with any violation of sections
29.31the rules adopted under those sections are credited to the assigned risk safety account
29.32established by section
30.1 Sec. 4. Minnesota Statutes 2010, section 326B.091, is amended to read:
30.2326B.091 DEFINITIONS.
30.3 Subdivision 1. Applicability. For purposes of sections
30.4326B.099, the terms defined in this section have the meanings given them.
30.5 Subd. 2. Applicant. "Applicant" means a person who has submitted to the
30.6department an application for
30.7 Subd. 3. License. "License" means any registration, certification, or other form
30.8of approval authorized by this chapter 326B and chapter 327B to be issued by the
30.9commissioner or department as a condition of doing business or conducting a trade,
30.10profession, or occupation in Minnesota. License includes specifically but not exclusively
30.11an authorization issued by the commissioner or department: to perform electrical work,
30.12plumbing or water conditioning work, high pressure piping work, or residential building
30.13work of a residential contractor, residential remodeler, or residential roofer; to install
30.14manufactured housing; to serve as a building official; or to operate a boiler or boat.
30.15 Subd. 4. Licensee. "Licensee" means the person named on the license as the person
30.16authorized to do business or conduct the trade, profession, or occupation in Minnesota.
30.17 Subd. 5. Notification date. "Notification date" means the date of the written
30.18notification from the department to an applicant that the applicant is qualified to take the
30.19examination required for licensure.
30.20 Subd. 5b. Qualifying individual. "Qualifying individual" means the individual
30.21responsible for obtaining continuing education on behalf of a residential building
30.22contractor, residential remodeler, or residential roofer licensed pursuant to sections
30.23326B.801 to 326B.885.
30.24 Subd. 6. Renewal deadline. "Renewal deadline," when used with respect to a
30.25license, means 30 days before the date that the license expires.
30.26 Sec. 5. Minnesota Statutes 2010, section 326B.098, is amended to read:
30.27326B.098 CONTINUING EDUCATION.
30.28 Subdivision 1.
30.29seminars offered by the department for the purpose of
30.30continuing education requirements for license renewal.
30.31 Subd. 2. Rescheduling. An individual who is registered with the department to
30.32attend a seminar may reschedule one time only, to attend the same seminar on a date
30.33within one year after the date of the seminar the individual was registered to attend.
30.34 Subd. 3. Fees nonrefundable. All seminar fees paid to the department are
30.35nonrefundable except for any overpayment of fees or if the department cancels the seminar.
31.1 Sec. 6. [326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
31.2SEMINARS.
31.3This section applies to seminars that are offered by an entity other than the
31.4department for the purpose of enabling licensees to meet continuing education
31.5requirements for license renewal.
31.6 Sec. 7. Minnesota Statutes 2010, section 326B.13, subdivision 8, is amended to read:
31.7 Subd. 8. Effective date of rules. A rule to adopt or amend the State Building Code
31.8is effective 180 days after
31.9
31.10may provide for a later effective date. The rule may provide for an earlier effective date
31.11if the commissioner or board proposing the rule finds that an earlier effective date is
31.12necessary to protect public health and safety after considering, among other things, the
31.13need for time for training of individuals to comply with and enforce the rule.
31.14 Sec. 8. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
31.15 Subdivision 1. Computation. To defray the costs of administering sections
31.17connection with the construction of or addition or alteration to buildings and equipment or
31.18appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
31.19receipts to award grants for code research and development and education.
31.20 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
31.21one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
31.2230,
31.23whichever amount is greater. For all other permits, the surcharge is as follows:
31.24 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
31.25surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
31.26or alteration;
31.27 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
31.28mill (.0004) of the value between $1,000,000 and $2,000,000;
31.29 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
31.30mill (.0003) of the value between $2,000,000 and $3,000,000;
31.31 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
31.32mill (.0002) of the value between $3,000,000 and $4,000,000;
31.33 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
31.34mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.1 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
32.2mill (.00005) of the value that exceeds $5,000,000.
32.3 Sec. 9. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
32.4to read:
32.5 Subd. 1b. Backflow prevention rebuilder. A "backflow prevention rebuilder" is an
32.6individual who is qualified by training prescribed by the Plumbing Board and possesses
32.7a master or journeyman plumber's license to engage in the testing, maintenance, and
32.8rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
32.9the plumbing code.
32.10 Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a
32.11subdivision to read:
32.12 Subd. 1c. Backflow prevention tester. A "backflow prevention tester" is an
32.13individual who is qualified by training prescribed by the Plumbing Board to engage in
32.14the testing of reduced pressure zone type backflow prevention assemblies as regulated by
32.15the plumbing code.
32.16 Sec. 11. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
32.17 Subd. 8. Plumbing contractor. "Plumbing contractor" means a licensed contractor
32.18whose responsible
32.19 Sec. 12. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
32.20 Subd. 9. Responsible
32.21
32.22master plumber designated in writing by the contractor in the contractor's license
32.23application, or in another manner acceptable to the commissioner, as the individual
32.24responsible for the contractor's compliance with sections
32.25adopted under these sections and sections
32.26under section
32.27 Sec. 13. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
32.28 Subd. 10. Restricted plumbing contractor. "Restricted plumbing contractor"
32.29means a licensed contractor whose responsible
32.30restricted master plumber.
33.1 Sec. 14. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
33.2 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
33.3power to:
33.4 (1) elect its chair, vice-chair, and secretary;
33.5 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
33.6and containing such other provisions as may be useful and necessary for the efficient
33.7conduct of the business of the board;
33.8 (3) adopt the plumbing code that must be followed in this state and any plumbing
33.9code amendments thereto. The plumbing code shall include the minimum standards
33.10described in sections
33.11shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
33.12as provided in subdivision 6, paragraphs (b), (c), and (d);
33.13 (4) review requests for final interpretations and issue final interpretations as provided
33.14in section
33.15 (5) adopt rules that regulate the licensure, certification, or registration of plumbing
33.16contractors, journeymen, unlicensed individuals, master plumbers, restricted master
33.17plumbers, restricted journeymen, restricted plumbing contractors, backflow prevention
33.18rebuilders and testers, water conditioning contractors, and water conditioning installers,
33.19and other persons engaged in the design, installation, and alteration of plumbing systems
33.20or engaged in or working at the business of water conditioning installation or service, or
33.21engaged in or working at the business of medical gas system installation, maintenance, or
33.22repair, except for those individuals licensed under section
33.23The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
33.246, paragraphs (e) and (f);
33.25(6) adopt rules that regulate continuing education for individuals licensed as master
33.26plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
33.27plumbers, water conditioning contractors, and water conditioning installers, and for
33.28individuals certified under sections 326B.437 and 326B.438. The board shall adopt these
33.29rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
33.30 (7) refer complaints or other communications to the commissioner, whether oral or
33.31written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
33.32order that the commissioner has the authority to enforce pertaining to code compliance,
33.33licensure, or an offering to perform or performance of unlicensed plumbing services;
33.34 (8) approve per diem and expenses deemed necessary for its members as provided in
33.35subdivision 3;
33.36 (9) approve license reciprocity agreements;
34.1 (10) select from its members individuals to serve on any other state advisory council,
34.2board, or committee; and
34.3 (11) recommend the fees for licenses, registrations, and certifications.
34.4Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
34.5Board of High Pressure Piping Systems, the commissioner of labor and industry shall
34.6administer and enforce the provisions of this chapter and any rules promulgated pursuant
34.7thereto.
34.8 (b) The board shall comply with section
34.9 (c) The commissioner shall coordinate the board's rulemaking and recommendations
34.10with the recommendations and rulemaking conducted by the other boards created pursuant
34.11to this chapter. The commissioner shall provide staff support to the board. The support
34.12includes professional, legal, technical, and clerical staff necessary to perform rulemaking
34.13and other duties assigned to the board. The commissioner of labor and industry shall
34.14supply necessary office space and supplies to assist the board in its duties.
34.15 Sec. 15. [326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
34.16REBUILDERS AND TESTERS.
34.17(a) No person shall perform or offer to perform the installation, maintenance, repair,
34.18replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
34.19unless the person obtains a plumbing contractor's license. An individual shall not engage
34.20in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
34.21prevention assemblies, as regulated by the Plumbing Code, unless the individual is
34.22certified by the commissioner as a backflow prevention rebuilder.
34.23(b) An individual shall not engage in testing of a reduced pressure zone backflow
34.24prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
34.25backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
34.26prevention tester.
34.27(c) Certificates are issued for an initial period of two years and must be renewed
34.28every two years thereafter for as long as the certificate holder installs, maintains, repairs,
34.29rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
34.30of calculating fees under section 326B.092, an initial or renewed backflow prevention
34.31rebuilder or tester certificate shall be considered an entry level license.
34.32(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
34.33related to the certification of backflow prevention rebuilders and backflow prevention
34.34testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
34.3518-month limitation under section 14.125, this authority expires on December 31, 2014.
35.1(e) The department shall recognize certification programs that are a minimum of 16
35.2contact hours and include the passage of an examination. The examination must consist of
35.3a practical and a written component. This paragraph expires when the Plumbing Board
35.4adopts rules under paragraph (d).
35.5 Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:
35.6326B.438 MEDICAL GAS SYSTEMS.
35.7 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
35.8this subdivision have the meanings given them.
35.9 (b) "Medical gas" means medical gas as defined under the National Fire Protection
35.10Association NFPA 99C Standard on Gas and Vacuum Systems.
35.11 (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
35.12system as defined under the National Fire Protection Association NFPA 99C Standard on
35.13Gas and Vacuum Systems.
35.14 Subd. 2. License and certification required.
35.15to perform the installation, maintenance, or repair of medical gas systems unless the
35.16person obtains a contractor license. An individual shall not engage in the installation,
35.17maintenance, or repair of a medical gas system unless the
35.18a current Minnesota master or journeyman plumber's license and is certified by the
35.19commissioner under rules adopted by the Minnesota Plumbing Board. The certification
35.20must be renewed
35.21installation, maintenance, or repair of medical gas
35.22
35.23
35.24 Subd. 3. Exemptions.
35.25possesses a valid certificate
35.26Society of Sanitary Engineering (ASSE) Standard 6010 and is a qualified brazer in
35.27accordance with
35.28Fire Protection Association
35.29requirements of subdivision 2 and may install, maintain, and repair a medical gas system.
35.30This exemption applies only if the
35.31
35.32qualifications in NFPA 99C, and is certified by the commissioner under rules adopted by
35.33the Minnesota Plumbing Board.
35.34
35.35
36.1
36.2
36.3
36.4
36.5 Subd. 4. Fees.
36.6fees under section 326B.092, an initial or renewed medical gas certificate issued by the
36.7commissioner according to subdivision 2
36.8level license.
36.9EFFECTIVE DATE.The requirement under subdivision 2 and subdivision 3 that a
36.10master journeyman plumber or exempt individual must be certified by the commissioner
36.11and the fee in subdivision 4 are not effective until 180 days after the Minnesota Plumbing
36.12Board adopts rules.
36.13 Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 1, is amended to read:
36.14 Subdivision 1. License required. (a) No individual shall engage in or work at
36.15the business of a master plumber, restricted master plumber, journeyman plumber, and
36.16restricted journeyman plumber unless licensed to do so by the commissioner. A license
36.17is not required for individuals performing building sewer or water service installation
36.18who have completed pipe laying training as prescribed by the commissioner. A master
36.19plumber may also work as a journeyman plumber, a restricted journeyman plumber,
36.20and a restricted master plumber. A journeyman plumber may also work as a restricted
36.21journeyman plumber. Anyone not so licensed may do plumbing work which complies with
36.22the provisions of the minimum standards prescribed by the Plumbing Board on premises
36.23or that part of premises owned and actually occupied by the worker as a residence, unless
36.24otherwise forbidden to do so by a local ordinance.
36.25 (b) No person shall engage in the business of planning, superintending, or installing
36.26plumbing or shall install plumbing in connection with the dealing in and selling of
36.27plumbing material and supplies unless at all times a licensed master plumber, or in cities
36.28and towns with a population of fewer than 5,000 according to the last federal census, a
36.29restricted master plumber, who shall be responsible for proper installation, is in charge of
36.30the plumbing work of the person.
36.31(c) Except as provided in subdivision
36.32perform plumbing work with or without compensation unless the person obtains a
36.33contractor's license. A contractor's license does not of itself qualify its holder to perform
36.34the plumbing work authorized by holding a master, journeyman, restricted master, or
36.35restricted journeyman license.
37.1 Sec. 18. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
37.2 Subd. 1a. Exemptions from licensing. (a) An individual without a contractor
37.3license may do plumbing work on the individual's residence in accordance with
37.4subdivision 1, paragraph (a).
37.5(b) An individual who is an employee working on the maintenance and repair of
37.6plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
37.7and which is within the limits of property owned or leased, and operated or maintained by
37.8the individual's employer, shall not be required to maintain a contractor license as long
37.9as the employer has on file with the commissioner a current certificate of responsible
37.10
37.11individual must be a master plumber or, in an area of the state that is not a city or town
37.12with a population of more than 5,000 according to the last federal census, a restricted
37.13master plumber
37.14state that the person signing the certificate is responsible for ensuring that the maintenance
37.15and repair work performed by the employer's employees
37.18fee to file a certificate of responsible
37.19certificate shall expire two years from the date of filing. In order to maintain a current
37.20certificate of responsible
37.21responsible
37.22previous submittal. The filing of the certificate of responsible
37.23exempt any employee of the employer from the requirements of this chapter regarding
37.24individual licensing as a plumber or registration as a plumber's apprentice.
37.25(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
37.26separate contractor license to perform plumbing work on behalf of the employer within
37.27the scope of the licensed plumber's license.
37.28(d) A person may perform and offer to perform building sewer or water service
37.29installation without a contractor's license if the person is in compliance with the bond and
37.30insurance requirements of subdivision 2.
37.31 Sec. 19. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
37.32 Subd. 1b. Employment of master plumber or restricted master plumber. (a)
37.33Each contractor must designate a responsible licensed plumber, who shall be responsible
37.34for the performance of all plumbing work in accordance with sections
38.1orders issued under section
38.2
38.3responsible
38.4plumber. A plumbing contractor license authorizes the contractor to offer to perform
38.5and, through licensed and registered individuals, to perform plumbing work in all areas
38.6of the state. A restricted plumbing contractor license authorizes the contractor to offer
38.7to perform and, through licensed and registered individuals, to perform plumbing work
38.8in all areas of the state except in cities and towns with a population of more than 5,000
38.9according to the last federal census.
38.10(b) If the contractor is an individual or sole proprietorship, the responsible licensed
38.11
38.12contractor is a partnership, the responsible licensed
38.13partner or managing employee. If the contractor is a limited liability company, the
38.14responsible licensed
38.15If the contractor is a corporation, the responsible licensed
38.16an officer or managing employee. If the responsible licensed
38.17managing employee, the responsible licensed
38.18in performing plumbing work on behalf of the contractor, and cannot be employed in any
38.19capacity as a plumber for any other contractor. An individual may be the responsible
38.20licensed
38.21(c) All applications and renewals for contractor licenses shall include a verified
38.22statement that the applicant or licensee has complied with this subdivision.
38.23 Sec. 20. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
38.24 Subd. 2. Bond; insurance.
38.25bond and insurance requirements of paragraphs (b) and (c) apply to each person who
38.26performs or offers to perform plumbing work within the state, including any person who
38.27offers to perform or performs sewer or water service installation without a contractor's
38.28license. If the person performs or offers to perform any plumbing work other than sewer
38.29or water service installation, then the person must meet the requirements of paragraphs
38.30(b) and (c) as a condition of holding a contractor's license.
38.31(b) Each person who performs or offers to perform plumbing work within the state
38.32shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
38.33plumbing work entered into within the state or (2) all plumbing work and subsurface
38.34sewage treatment work entered into within the state. If the bond is for both plumbing work
38.35and subsurface sewage treatment work, the bond must comply with the requirements of
39.1this section and section
39.2benefit of persons injured or suffering financial loss by reason of failure to comply with the
39.3requirements of the State Plumbing Code and, if the bond is for both plumbing work and
39.4subsurface sewage treatment work, financial loss by reason of failure to comply with the
39.5requirements of sections
39.6and shall be written by a corporate surety licensed to do business in the state.
39.7
39.8performs or offers to perform plumbing work within the state shall have and maintain in
39.9effect public liability insurance, including products liability insurance with limits of at
39.10least $50,000 per person and $100,000 per occurrence and property damage insurance
39.11with limits of at least $10,000. The insurance shall be written by an insurer licensed to
39.12do business in the state of Minnesota
39.13performs or offers to perform plumbing work within the state shall maintain on file
39.14with the commissioner a certificate evidencing the insurance. In the event of a policy
39.15cancellation, the insurer shall send written notice to the commissioner at the same time
39.16that a cancellation request is received from or a notice is sent to the insured.
39.17 Sec. 21. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
39.18 Subd. 3. Bond and insurance exemption. If a
39.19
39.20subdivision 2, employs a licensed plumber,
39.21laying training as prescribed by the commissioner, that employee
39.22required to meet the bond and insurance requirements of subdivision 2. An individual who
39.23is an employee working on the maintenance and repair of plumbing equipment, apparatus,
39.24or facilities owned or leased by the individual's employer and which is within the limits of
39.25property owned or leased, and operated or maintained by the individual's employer, shall
39.26not be required to meet the bond and insurance requirements of subdivision 2.
39.27 Sec. 22. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
39.28 Subdivision 1. Registration; supervision; records. (a) All unlicensed individuals,
39.29other than plumber's apprentices and individuals who have completed pipe laying training
39.30as prescribed by the commissioner, must be registered under subdivision 3.
39.31(b) A plumber's apprentice or registered unlicensed individual is authorized to
39.32assist in the installation of plumbing only while under the direct supervision of a master,
39.33restricted master, journeyman, or restricted journeyman plumber. The master, restricted
39.34master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
40.1plumbing work performed by the plumber's apprentice or registered unlicensed individual
40.2complies with the plumbing code. The supervising master, restricted master, journeyman,
40.3or restricted journeyman must be licensed and must be employed by the same employer
40.4as the plumber's apprentice or registered unlicensed individual. Licensed individuals
40.5shall not permit plumber's apprentices or registered unlicensed individuals to perform
40.6plumbing work except under the direct supervision of an individual actually licensed to
40.7perform such work. Plumber's apprentices and registered unlicensed individuals shall not
40.8supervise the performance of plumbing work or make assignments of plumbing work
40.9to unlicensed individuals.
40.10(c) Contractors employing plumber's apprentices or registered unlicensed individuals
40.11to perform plumbing work shall maintain records establishing compliance with this
40.12subdivision that shall identify all plumber's apprentices and registered unlicensed
40.13individuals performing plumbing work, and shall permit the department to examine and
40.14copy all such records.
40.15 Sec. 23. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
40.16 Subd. 3. Registration, rules, applications, renewals, and fees. An unlicensed
40.17individual may register by completing and submitting to the commissioner an application
40.18form provided by the commissioner, with all fees required by section
40.19completed application form must state the date the individual began training, the
40.20individual's age, schooling, previous experience, and employer, and other information
40.21required by the commissioner. The Plumbing Board may prescribe rules, not inconsistent
40.22with this section, for the registration of unlicensed individuals. Applications for initial
40.23registration may be submitted at any time. Registration must be renewed annually and
40.24shall be for the period from July 1 of each year to June 30 of the following year.
40.25 Sec. 24. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
40.26 Subdivision 1. Application, examination, and license fees. (a) Applications for
40.27master and journeyman plumber's licenses shall be made to the commissioner, with
40.28all fees required by section
40.29the applicant shall be licensed by the commissioner only after passing a satisfactory
40.30examination developed and administered by the commissioner, based upon rules adopted
40.31by the Plumbing Board, showing fitness.
40.32(b) All initial journeyman plumber's licenses shall be effective for more than one
40.33calendar year and shall expire on December 31 of the year after the year in which the
40.34application is made. All master plumber's licenses shall expire on December 31 of each
41.1even-numbered year after issuance or renewal. The commissioner shall in a manner
41.2determined by the commissioner, without the need for any rulemaking under chapter 14,
41.3phase in the renewal of master and journeyman plumber's licenses from one year to two
41.4years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
41.5two-year licenses.
41.6(c) Applications for contractor licenses shall be made to the commissioner, with all
41.7fees required by section
41.8each odd-numbered year after issuance or renewal.
41.9(d) For purposes of calculating license fees and renewal license fees required under
41.10section
41.11(1) the following licenses shall be considered business licenses: plumbing contractor
41.12and restricted plumbing contractor;
41.13(2) the following licenses shall be considered master licenses: master plumber and
41.14restricted master plumber;
41.15(3) the following licenses shall be considered journeyman licenses: journeyman
41.16plumber and restricted journeyman plumber; and
41.17(4) the registration of a plumber's apprentice under section
41.18shall be considered an entry level license.
41.19(e) For each filing of a certificate of responsible
41.20the fee is $100.
41.21(f) The commissioner shall charge each person giving bond under section 326B.46,
41.22subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
41.23licensed contractor.
41.24 Sec. 25. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
41.25 Subdivision 1. Bonds. (a) As a condition of licensing, each water conditioning
41.26contractor shall give and maintain a bond to the state as described in paragraph (b).
41.27No applicant for a water conditioning contractor
41.28bond under paragraph (b) shall be otherwise required to meet the bond requirements of
41.29any political subdivision.
41.30 (b) Each bond given to the state under this subdivision shall be in the total sum of
41.31$3,000 conditioned upon the faithful and lawful performance of all water conditioning
41.32installation or servicing done within the state. The bond shall be for the benefit of
41.33persons suffering injuries or damages due to the work. The bond shall be filed with the
41.34commissioner and shall be written by a corporate surety licensed to do business in this
42.1state. The bond must remain in effect at all times while the application is pending and
42.2while the license is in effect.
42.3 Sec. 26. Minnesota Statutes 2010, section 326B.58, is amended to read:
42.4326B.58 FEES; RENEWAL.
42.5 (a) Each initial water conditioning master and water conditioning journeyman
42.6license shall be effective for more than one calendar year and shall expire on December 31
42.7of the year after the year in which the application is made.
42.8(b) The commissioner shall in a manner determined by the commissioner, without
42.9the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
42.10master and journeyman licenses from one year to two years. By June 30, 2011, all
42.11renewed water conditioning contractor
42.12The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
42.13(c) All water conditioning contractor licenses shall expire on December 31 of the
42.14year after issuance or renewal.
42.15(d) For purposes of calculating license fees and renewal fees required under section
42.17(1) a water conditioning journeyman license shall be considered a journeyman
42.18license;
42.19(2) a water conditioning master license shall be considered a master license; and
42.20(3) a water conditioning contractor license shall be considered a business license.
42.21 Sec. 27. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
42.22 Subd. 2. Appropriate and related knowledge. "Appropriate and related
42.23knowledge" means facts, information, or principles that are clearly relevant to the
42.24
42.25These facts, information, or principles must convey substantive and procedural knowledge
42.26as it relates to postlicensing issues and must be relevant to the technical aspects of a
42.27
42.28 Sec. 28. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
42.29 Subd. 3. Classroom hour. "Classroom hour" means
42.30educational content.
42.31 Sec. 29. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
43.1 Subd. 7. Medical hardship. "Medical hardship"
43.2physical disability or medical condition.
43.3 Sec. 30. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
43.4 Subd. 9. Regulated
43.5
43.6
43.7issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
43.8 Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
43.9 Subdivision 1. Purpose. The purpose of this section is to establish standards
43.10for residential building contractor continuing education.
43.11
43.12
43.13 Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
43.14 Subd. 5. Content. (a) Continuing education consists of approved courses that
43.15impart appropriate and related knowledge in the
43.16industries pursuant to
43.17applicable federal and state laws, rules, and regulations. Courses may include relevant
43.18materials that are included in licensing exams subject to the limitations imposed in
43.19subdivision 11. The burden of demonstrating that courses impart appropriate and related
43.20knowledge is upon the person seeking approval or credit.
43.21 (b) Except as required for Internet continuing education, course examinations will
43.22not be required for continuing education courses
43.23 (c)
43.24textbooks are not used as part of the course, the sponsor must provide students with a
43.25syllabus containing
43.26offering, the name, address,
43.27and affiliation of the instructor, and a detailed outline of the subject materials to be
43.28covered. Any written or printed material given to students must be of readable quality and
43.29contain accurate and current information.
43.30 (d) Upon completion of an approved course, licensees shall earn one hour of
43.31continuing education credit for each classroom hour approved by the commissioner.
43.32
43.33Each continuing education course must be attended in its entirety in order to receive credit
44.1for the number of approved hours. Courses may be approved for full or partial credit,
44.2and for more than one regulated industry.
44.3 (e) Continuing education credit in an approved course shall be awarded to presenting
44.4instructors on the basis of one credit for each hour
44.5initial presentation. Continuing education
44.6
44.7
44.8used once for renewal of a specific license.
44.9
44.10(1) course content must demonstrate significant intellectual or practical content and
44.11deal with matters directly related to the practice
44.12industry, workforce safety, or the business of running a
44.13in the regulated industry. Courses may also address the professional responsibility or
44.14ethical obligations of
44.15related to work in the regulated industry;
44.16(2) the following courses may be
44.17designed for the
44.18paragraph
44.19(i) courses approved by the Minnesota Board of Continuing Legal Education; or
44.20(ii) courses approved by the International Code Council, National Association of
44.21Home Building, or other nationally recognized professional organization of the
44.22
44.23(3) courses must be presented and attended in a suitable classroom or construction
44.24setting, except for Internet education courses which must meet the requirements of
44.25subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
44.26teleconference may be approved provided the sponsor is available at all times during the
44.27presentation, except for Internet education courses which must meet the requirements
44.28of subdivision 5a.
44.29
44.30 (1) courses designed solely to prepare students for a license examination;
44.31 (2) courses in mechanical office skills, including typing, speed reading, or other
44.32machines or equipment. Computer courses are allowed, if appropriate and related to the
44.33
44.34 (3) courses in sales promotion, including meetings held in conjunction with the
44.35general business of the licensee;
44.36 (4) courses in motivation, salesmanship, psychology, or personal time management;
45.1 (5) courses that are primarily intended to impart knowledge of specific products of
45.2specific companies, if the use of the product or products relates to the sales promotion
45.3or marketing of one or more of the products discussed; or
45.4(6) courses where any of the educational content of the course is the State Building
45.5Code that include code provisions that have not been adopted into the State Building
45.6Code unless the course materials clarify
45.7been officially adopted into a future version of the State Building Code and the effective
45.8date of enforcement
45.9(h) Nothing in this subdivision shall limit an authority expressly granted to the Board
45.10of Electricity, Board of High Pressure Piping Systems, or Plumbing Board.
45.11 Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
45.12read:
45.13 Subd. 5a. Internet continuing education. (a) The design and delivery of an Internet
45.14continuing education course must be approved by the International Distance Education
45.15Certification Center (IDECC) before the course is submitted for the commissioner's
45.16approval. The IDECC approval must accompany the course submitted.
45.17(b) An Internet continuing education course must:
45.18(1) specify the minimum computer system requirements;
45.19(2) provide encryption that ensures that all personal information, including the
45.20student's name, address, and credit card number, cannot be read as it passes across the
45.21Internet;
45.22(3) include technology to guarantee seat time;
45.23(4) include a high level of interactivity;
45.24(5) include graphics that reinforce the content;
45.25(6) include the ability for the student to contact an instructor or course sponsor
45.26within a reasonable amount of time;
45.27(7) include the ability for the student to get technical support within a reasonable
45.28amount of time;
45.29(8) include a statement that the student's information will not be sold or distributed
45.30to any third party without prior written consent of the student. Taking the course does not
45.31constitute consent;
45.32(9) be available 24 hours a day, seven days a week, excluding minimal downtime
45.33for updating and administration, except that this provision does not apply to live courses
45.34taught by an actual instructor and delivered over the Internet;
46.1(10) provide viewing access to the online course at all times to the commissioner,
46.2excluding minimal downtime for updating and administration;
46.3(11) include a process to authenticate the student's identity;
46.4(12) inform the student and the commissioner how long after its purchase a course
46.5will be accessible;
46.6(13) inform the student that license education credit will not be awarded for taking
46.7the course after it loses its status as an approved course;
46.8(14) provide clear instructions on how to navigate through the course;
46.9(15) provide automatic bookmarking at any point in the course;
46.10(16) provide questions after each unit or chapter that must be answered before the
46.11student can proceed to the next unit or chapter;
46.12(17) include a reinforcement response when a quiz question is answered correctly;
46.13(18) include a response when a quiz question is answered incorrectly;
46.14(19) include a final examination in which the student must correctly answer 70
46.15percent of the questions;
46.16(20) allow the student to go back and review any unit at any time, except during the
46.17final examination;
46.18(21) provide a course evaluation at the end of the course. At a minimum, the
46.19evaluation must ask the student to report any difficulties caused by the online education
46.20delivery method;
46.21(22) provide a completion certificate when the course and exam have been completed
46.22and the provider has verified the completion. Electronic certificates are sufficient and shall
46.23include the name of the provider, date and location of the course, educational program
46.24identification that was provided by the department, hours of instruction or continuing
46.25education hours, and licensee's or attendee's name and license, certification, or registration
46.26number or the last four digits of the licensee's or attendee's Social Security number; and
46.27(23) allow the commissioner the ability to electronically review the class to
46.28determine if credit can be approved.
46.29(c) The final examination must be either an encrypted online examination or a
46.30paper examination that is monitored by a proctor who certifies that the student took the
46.31examination.
46.32 Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
46.33 Subd. 6. Course approval. (a) Courses must be approved by the commissioner
46.34in advance and will be approved on the basis of the applicant's compliance with the
46.35provisions of this section relating to continuing education in the regulated industries. The
47.1commissioner shall make the final determination as to the approval and assignment of
47.2credit hours for courses. Courses must be at least one hour in length.
47.3 Licensees requesting credit for continuing education courses that have not been
47.4previously approved by the commissioner shall, on a form prescribed by the commissioner,
47.5submit an application for approval of continuing education credit accompanied by a
47.6nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
47.7in compliance with the provisions of this section governing the types of courses that will
47.8and will not be approved.
47.9 Approval will not be granted for time spent on meals or other unrelated activities.
47.10Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
47.11offered by a provider to any one student for longer than eight hours in one day, excluding
47.12meal breaks.
47.13 (b) Application for course approval must be submitted on a form approved by the
47.14commissioner at least 30 days before the course offering.
47.15 (c) Approval must be granted for a subsequent offering of identical continuing
47.16education courses without requiring a new application if a notice of the subsequent
47.17offering is filed with the commissioner at least 30 days in advance of the date the course is
47.18to be held. The commissioner shall deny future offerings of courses if they are found not
47.19to be in compliance with the laws relating to course approval.
47.20 Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
47.21 Subd. 7. Courses open to all. All course offerings must be open to any interested
47.22individuals. Access may be restricted by the sponsor based on class size only. Courses
47.23
47.24except for company-sponsored courses allowed by applicable law.
47.25 Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
47.26 Subd. 8. Course sponsor. (a) Each course of study shall have at least one sponsor,
47.27approved by the commissioner, who is responsible for supervising the program and
47.28ensuring compliance with all relevant law. Sponsors may engage an additional approved
47.29sponsor in order to assist the sponsor or to act as a substitute for the sponsor
47.30
47.31(b) Sponsors must submit an application and sworn statement stating they agree to
47.32abide by the requirements of this section and any other applicable statute or rule pertaining
47.33to
47.34(c) A sponsor may also be an instructor.
48.1(d) Failure to comply with
48.2approval for up to two years in accordance with section
48.3 Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
48.4 Subd. 9. Responsibilities. A sponsor is responsible for:
48.5 (1) ensuring compliance with all laws and rules relating to continuing educational
48.6offerings governed by the commissioner;
48.7 (2) ensuring that students are provided with current and accurate information relating
48.8to the laws and rules governing
48.9 (3) supervising and evaluating courses and instructors. Supervision includes
48.10ensuring that all areas of the curriculum are addressed without redundancy and that
48.11continuity is present throughout the entire course;
48.12 (4) ensuring that instructors are qualified to teach the course offering;
48.13 (5) furnishing the commissioner, upon request, with copies of course
48.14evaluations
48.15offered;
48.16(6) furnishing the commissioner, upon request, with copies of the qualifications of
48.17instructors
48.18
48.19
48.20of the written complaint must be sent to the commissioner within ten days of receipt of
48.21the complaint and a copy of the complaint resolution must be sent not more than ten
48.22days after resolution is reached;
48.23
48.24taken by students if required, and student attendance for a period of three years from the
48.25date on which the course was completed. These records must be made available to the
48.26commissioner upon request. In the event the sponsor ceases operations before termination
48.27of the sponsor application, the sponsor must provide to the commissioner digital copies of
48.28all course and attendance records of courses held for the previous three years;
48.29
48.30the commissioner;
48.31
48.32completion of the entire course. A sponsor may require payment of the course tuition as a
48.33condition of receiving the course completion certificate. Course completion certificates
48.34must be completed in their entirety
48.35the following:
49.1(i) the statement: "If you have any comments about this course offering, please mail
49.2them to the Minnesota Department of Labor and Industry.";
49.3(ii) the current address of the department
49.4
49.5name of the provider, date and location of the course, educational program identification
49.6provided by the department, and hours of instruction or continuing education hours; and
49.7(iii) the licensee's or attendee's name and license, certificate, or registration number
49.8or the last four digits of the licensee's or attendee's Social Security number; and
49.9
49.10information in an application for approval on file with the commissioner.
49.11 Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
49.12read:
49.13 Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
49.14who is qualified by education, training, or experience to ensure competent instruction.
49.15Failure to have only qualified instructors teach at an approved course offering will result in
49.16loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
49.17to teach the course offering.
49.18 (b) Qualified continuing education instructors must have one of the following
49.19qualifications:
49.20 (1) four years' practical experience in the subject area being taught;
49.21 (2) a college or graduate degree in the subject area being taught;
49.22(3) direct experience in the development of laws, rules, or regulations related to the
49.23
49.24(4) demonstrated expertise in the subject area being taught. Instructors providing
49.25instruction related to electricity, plumbing, or high pressure piping systems must comply
49.26with all applicable continuing education rules adopted by the Board of Electricity, the
49.27Plumbing Board, or the Board of High Pressure Piping Systems.
49.28 (c)
49.29 (1) compliance with all laws and rules relating to continuing education;
49.30 (2) providing students with current and accurate information;
49.31 (3) maintaining an atmosphere conducive to learning in the classroom;
49.32 (4) verifying attendance of students, and certifying course completion;
49.33 (5) providing assistance to students and responding to questions relating to course
49.34materials; and
50.1 (6) attending the workshops or instructional programs that are required by the
50.2commissioner.
50.3 Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
50.4read:
50.5 Subd. 11. Prohibited practices for sponsors and instructors. (a) In connection
50.6with an approved continuing education course, sponsors and instructors shall not:
50.7 (1) recommend
50.8procedures, or practices of a particular
50.9 (2) encourage or recruit
50.10associated with, a particular business;
50.11 (3) use materials for the sole purpose of promoting a particular business;
50.12 (4) require students to participate in other programs or services offered by an
50.13instructor or sponsor;
50.14 (5) attempt, either directly or indirectly, to discover questions or answers on an
50.15examination for a license;
50.16 (6) disseminate to any other person specific questions, problems, or information
50.17known or believed to be included in licensing examinations;
50.18 (7) misrepresent any information submitted to the commissioner;
50.19 (8) fail to reasonably cover, or ensure coverage of, all points, issues, and concepts
50.20contained in the course outline approved by the commissioner during the approved
50.21instruction; or
50.22 (9) issue inaccurate course completion certificates.
50.23 (b) Sponsors shall notify the commissioner within ten days of a felony or gross
50.24misdemeanor conviction or of disciplinary action taken against an occupational or
50.25professional license held by the sponsor or an instructor teaching an approved course. The
50.26
50.27withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.
50.28 Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
50.29read:
50.30 Subd. 12.
50.31and related materials must be clearly identified to students. In the event that a course is
50.32canceled for any reason, all
50.33cancellation. In the event that a course is postponed for any reason, students shall be given
50.34the choice of attending the course at a later date or having their
51.1full within 15 days from the date of postponement. If a student is unable to attend a course
51.2or cancels the registration in a course, sponsor policies regarding refunds shall govern.
51.3 Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
51.4read:
51.5 Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
51.6of continuing education courses.
51.7 (b) Advertising must be truthful and not deceptive or misleading. Courses may
51.8not be advertised as approved for continuing education credit unless approval has been
51.9granted in writing by the commissioner.
51.10 (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
51.11materials pertaining to an approved course circulated or distributed in this state, must
51.12prominently display the following statement:
51.13 "This course has been approved by the Minnesota Department of Labor and Industry
51.14for ....... (approved number of hours) hours for
51.15industry) continuing education."
51.16 (d) Advertising of approved courses must be clearly distinguishable from the
51.17advertisement of other nonapproved courses and services.
51.18 (e) Continuing education courses may not be advertised before approval unless the
51.19course is described in any advertising as "approval pending." The sponsor must verbally
51.20notify
51.21denied credit, has not been approved for credit, or has only been approved for partial
51.22credit by the commissioner.
51.23 (f) The number of hours for which a course has been approved must be prominently
51.24displayed on an advertisement for the course. If the course offering is longer than the
51.25number of hours of credit to be given, it must be clear that credit is not earned for the
51.26entire course.
51.27 (g) The course approval number must not be included in any advertisement.
51.28 Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
51.29read:
51.30 Subd. 16. Notice to students. At the beginning of each approved offering, the
51.31following notice must be handed out in printed form or must be read to students:
51.32 "This educational offering is recognized by the Minnesota Department of Labor and
51.33Industry as satisfying ....... (insert number of hours approved) hours of credit toward
51.34
52.1 Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
52.2read:
52.3 Subd. 18. Falsification of reports or certificates. A licensee, its
52.4qualifying individual, or an applicant found to have falsified an education report or
52.5certificate to the commissioner shall be considered to have violated the laws relating to
52.6the regulated industry for which the person has a license and shall be subject to
52.7
52.8
52.9 The commissioner reserves the right to audit a licensee's continuing education
52.10records.
52.11 Sec. 44. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
52.12read:
52.13 Subd. 19. Waivers and extensions.
52.14
52.15
52.16
52.17
52.18
52.19
52.20
52.21
52.22
52.23
52.24
52.25
52.26
52.27
52.28
52.29
52.30
52.31 Upon written proof demonstrating a medical hardship, the commissioner shall
52.32extend, for up to 90 days, the time period during which the continuing education must be
52.33successfully completed.
52.34
52.35submitted to the commissioner in writing no later than 60 days before the education is
53.1due and must include an explanation with verification of the hardship, plus verification of
53.2enrollment at an approved course of study on or before the extension period expires.
53.3 Sec. 45. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
53.4read:
53.5 Subd. 20. Reporting requirements.
53.6be reported by the sponsor in a manner prescribed by the commissioner. Licensees are
53.7responsible for maintaining copies of course completion certificates.
53.8 Sec. 46. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
53.9read:
53.10 Subd. 22. Continuing education approval. Continuing education courses must be
53.11approved in advance by the commissioner of labor and industry.
53.12
53.13 Sec. 47. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
53.14read:
53.15 Subd. 23. Continuing education fees. The following fees shall be paid to the
53.16commissioner:
53.17 (1) initial course approval, $20 for each hour or fraction of one hour of continuing
53.18education course approval sought. Initial course approval expires on the last day of the
53.19
53.20
53.21
53.22
53.23day of the 24th month after the sponsor is approved; and
53.24
53.25on the last day of the 24th month after the sponsor is renewed.
53.26 Sec. 48. Minnesota Statutes 2010, section 326B.865, is amended to read:
53.27326B.865 SIGN CONTRACTOR; BOND.
53.28 (a) A sign contractor may post a compliance bond with the commissioner,
53.29conditioned that the sign contractor shall faithfully perform duties and comply with laws,
53.30ordinances, rules, and contracts entered into for the installation of signs. The bond must
53.31be renewed biennially and maintained for so long as determined by the commissioner.
53.32The aggregate liability of the surety on the bond to any and all persons, regardless of the
54.1number of claims made against the bond, may not exceed the annual amount of the bond.
54.2The bond may be canceled as to future liability by the surety upon 30 days' written notice
54.3mailed to the commissioner by United States mail.
54.4 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
54.5local unit of government that requires sign contractors to post a compliance bond. The
54.6bond is in lieu of any compliance bond required by a local unit of government.
54.7 (c) For purposes of this section, "sign" means a device, structure, fixture, or
54.8placard using graphics, symbols, or written copy that is erected on the premises of an
54.9establishment including the name of the establishment or identifying the merchandise,
54.10services, activities, or entertainment available on the premises.
54.11(d) Each person giving bond under this section shall pay a biennial bond filing fee of
54.12$100 to the commissioner of labor and industry.
54.13EFFECTIVE DATE.This section is effective January 1, 2012.
54.14 Sec. 49. Minnesota Statutes 2010, section 326B.89, subdivision 6, is amended to read:
54.15 Subd. 6. Verified application. To be eligible for compensation from the fund, an
54.16owner or lessee shall serve on the commissioner a verified application for compensation
54.17on a form approved by the commissioner. The application shall verify the following
54.18information:
54.19 (1) the specific grounds upon which the owner or lessee seeks to recover from
54.20the fund:
54.21 (2) that the owner or the lessee has obtained a final judgment in a court of competent
54.22jurisdiction against a licensee licensed under section
54.23 (3) that the final judgment was obtained against the licensee on the grounds
54.24of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
54.25performance that arose directly out of a contract directly between the licensee and the
54.26homeowner or lessee that was entered into prior to the cause of action and that occurred
54.27when the licensee was licensed and performing any of the special skills enumerated under
54.28section
54.29 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
54.30the owner's residential real estate, on residential real estate leased by the lessee, or on new
54.31residential real estate that has never been occupied or that was occupied by the licensee
54.32for less than one year prior to purchase by the owner;
54.33 (5) that the residential real estate is located in Minnesota;
54.34 (6) that the owner or the lessee is not the spouse of the licensee or the personal
54.35representative of the licensee;
55.1 (7) the amount of the final judgment, any amount paid in satisfaction of the final
55.2judgment, and the amount owing on the final judgment as of the date of the verified
55.3application;
55.4 (8) that the owner or lessee has diligently pursued remedies against all the judgment
55.5debtors and all other persons liable to the judgment debtor in the contract for which the
55.6owner or lessee seeks recovery from the fund; and
55.7 (9) that the verified application is being served within two years after the judgment
55.8became final.
55.9 The verified application must include documents evidencing the amount of the
55.10owner's or the lessee's actual and direct out-of-pocket loss. The owner's and the lessee's
55.11actual and direct out-of-pocket loss shall not include any attorney fees, litigation costs
55.12or fees, interest on the loss, and interest on the final judgment obtained as a result of the
55.13loss or any costs not directly related to the value difference between what was contracted
55.14for and what was provided. Any amount paid in satisfaction of the final judgment shall
55.15be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
55.16lessee may serve a verified application regardless of whether the final judgment has been
55.17discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
55.18on the judgment have either been pursued and concluded or been forgone, including all
55.19reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
55.20in common are deemed to be a single owner. For purposes of this section, owners and
55.21lessees eligible for payment of compensation from the fund shall not include government
55.22agencies, political subdivisions, financial institutions, and any other entity that purchases,
55.23guarantees, or insures a loan secured by real estate.
55.24 Sec. 50. Minnesota Statutes 2010, section 326B.89, subdivision 8, is amended to read:
55.25 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
55.26for hearing under subdivision 7, the commissioner shall request that an administrative law
55.27judge be assigned and that a hearing be conducted under the contested case provisions of
55.28chapter 14 within 45 days after the commissioner received the request for hearing, unless
55.29the parties agree to a later date. The commissioner must notify the owner or lessee of the
55.30time and place of the hearing at least 15 days before the hearing. Upon petition of the
55.31commissioner, the administrative law judge shall continue the hearing up to 60 days and
55.32upon a showing of good cause may continue the hearing for such additional period as the
55.33administrative law judge deems appropriate.
55.34At the hearing the owner or the lessee shall have the burden of proving by substantial
55.35evidence under subdivision 6, clauses (1) to (8). Whenever an applicant's judgment
56.1is by default, stipulation, or consent, or whenever the action against the licensee was
56.2defended by a trustee in bankruptcy, the applicant shall have the burden of proving the
56.3cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or
56.4failure of performance. Otherwise, the judgment shall create a rebuttable presumption
56.5of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
56.6performance. This presumption affects the burden of producing evidence.
56.7The administrative law judge shall issue findings of fact, conclusions of law, and
56.8order. If the administrative law judge finds that compensation should be paid to the owner
56.9or the lessee, the administrative law judge shall order the commissioner to make payment
56.10from the fund of the amount it finds to be payable pursuant to the provisions of and in
56.11accordance with the limitations contained in this section. The order of the administrative
56.12law judge shall constitute the final decision of the agency in the contested case. The
56.13commissioner or the owner or lessee may seek judicial review of the administrative law
56.14judge's findings of fact, conclusions of law, and order
56.16 Sec. 51. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
56.17 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
56.18offer for sale in this state any used manufactured home manufactured after June 14,
56.191976, or install for occupancy any used manufactured home manufactured after June
56.2014, 1976, unless the used manufactured home complies with the Notice of Compliance
56.21Form as provided in this subdivision. If manufactured after June 14, 1976, the home
56.22must bear a label as required by the secretary. The Notice of Compliance Form shall be
56.23signed by the seller and purchaser indicating which party is responsible for either making
56.24or paying for any necessary corrections prior to the sale and transferring ownership of
56.25the manufactured home.
56.26The Notice of Compliance Form shall be substantially in the following form:
56.27"Notice of Compliance Form as required in Minnesota Statutes,
56.28section327.32, subdivision 1
56.29This notice must be completed and signed by the purchaser(s) and the seller(s) of the 56.28section
56.30used manufactured home described in the purchase agreement and on the bottom of this
56.31notice before the parties transfer ownership of a used manufactured home constructed
56.32after June 14, 1976.
57.1Electric ranges and clothes dryers must have required four-conductor cords and plugs. For
57.2the purpose of complying with the requirements of section 327B.06, a licensed retailer or
57.3limited retailer shall retain at least one copy of the form required under this subdivision.
| 57.4 |
Complies .......... |
Correction required .......... |
| 57.5 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.7of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
57.8with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
57.9Code of Federal Regulations, title 24, section 3280.709 (g)).
| 57.10 |
Complies .......... |
Correction required .......... |
| 57.11 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.13Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
57.14accordance with their listing or standards.
| 57.15 |
Complies .......... |
Correction required .......... |
| 57.16 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.18Federal Regulations, title 24, section 3280.208.
| 57.19 |
Complies .......... |
Correction required .......... |
| 57.20 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.22to be installed within ten feet of each room lawfully used for sleeping purposes.
| 57.23 |
Complies .......... |
Correction required .......... |
| 57.24 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.26a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
57.27the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
57.28operating handles, tabs, or other operational devices shall not be located more than 54
57.29inches above the finished floor.
| 57.30 |
Complies .......... |
Correction required .......... |
| 57.31 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
57.33spread rating not exceeding 25
57.34Housing and Urban Development Code governing manufactured housing construction.
| 58.1 |
Complies .......... |
Correction required .......... |
| 58.2 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
58.4spread rating not exceeding 25
58.5Housing and Urban Development Code governing manufactured housing construction.
| 58.6 |
Complies .......... |
Correction required .......... |
| 58.7 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
58.9Minnesota as indicated by the data plate.
| 58.10 |
Complies .......... |
Correction required .......... |
| 58.11 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
58.13signature to complete any necessary corrections prior to the sale or transfer of ownership
58.14of the home described below as listed in the purchase agreement. The state of Minnesota
58.15or a local building official has the authority to inspect the home in the manner described in
58.16Minnesota Statutes, section
58.17properly executed as provided under the Manufactured Home Building Code.
58.33EFFECTIVE DATE.This section is effective the day following final enactment.
58.34 Sec. 52. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
58.35 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
58.36or used manufactured home that is submitted to the local building official, third-party
59.1inspector, or the department, stamped by a licensed professional engineer or architect
59.2
59.3of manufacture, the manufacturer's installation manual, or the Minnesota State Building
59.4Code, when applicable, shall be issued a permit
59.5days of being received by the approving authority.
59.6 Sec. 53. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
59.7 Subd. 1e. Reinstallation requirements for
59.8homes. (a) All
59.9from the date of installation by the first purchaser must be reinstalled in compliance with
59.10subdivision 1c. All
59.11months from the date of installation by the first purchaser may be reinstalled without
59.12a frost-protected foundation if the home is reinstalled in compliance with Minnesota
59.13Rules, chapter 1350, for above frost-line installations and the notice requirement of
59.14subdivision 1f is complied with by the seller and the purchaser of the
59.15manufactured home.
59.16(b) The installer shall affix an installation seal issued by the department to the
59.17outside of the home as required by the Minnesota State Building Code. The certificate
59.18of installation issued by the installer of record shall clearly state that the home has been
59.19reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
59.20for issuance of reinstallation seals shall follow the requirements of sections
59.22those as specified in section
59.23installation certificate for an above frost-line installation is issued to a
59.24manufactured home being listed for sale, the purchase agreement must disclose that the
59.25home is installed on a nonfrost-protected foundation and recommend that the purchaser
59.26have the home inspected to determine the effects of frost on the home.
59.27EFFECTIVE DATE.This section is effective the day following final enactment.
59.28 Sec. 54. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
59.29 Subd. 1f. Notice requirement. The seller of the
59.30home being reinstalled under subdivision 1e shall provide the following notice to the
59.31purchaser and secure signatures of all parties to the purchase agreement on or before
59.32signing a purchase agreement prior to submitting an application for an installation
59.33certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
59.34home under subdivision 1e, the current owner is not required to comply with the notice
60.1requirement under this subdivision. The notice shall be in at least 14-point font, except the
60.2heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
60.3The notice must be printed on a separate sheet of paper in a color different than the paper
60.4on which the purchase agreement is printed. The notice becomes a part of the purchase
60.5agreement and shall be substantially in the following form:
60.8It is recommended that the
60.9follow the instructions in the manufacturer's installation manual. By signing this notice,
60.10the purchaser(s) are acknowledging they have elected to use footings placed above the
60.11local frost line in accordance with the Minnesota State Building Code.
60.12The seller has explained the differences between the manufacturer's installation
60.13instructions and the installation system selected by the purchaser(s) with respect to
60.14possible effects of frost on the manufactured home.
60.15The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
60.16original warranty remaining on the home and recognize that any other extended or ancillary
60.17warranty could be adversely affected if any applicable warranty stipulates that the home
60.18be installed in accordance with the manufacturer's installation manual to remain effective.
60.19After the reinstallation of the manufactured home, it is highly recommended that the
60.20purchaser(s) have a licensed manufactured home installer recheck the home's installation
60.21for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
60.22The purchaser(s) of the used manufactured home described below that is being reinstalled
60.23acknowledge they have read this notice and have been advised to contact the manufacturer
60.24of the home and/or the Department of Labor and Industry if they desire additional
60.25information before signing this notice. It is the intent of this notice to inform the
60.26purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
60.27for the reinstallation of the manufactured home as originally required by the home's
60.28installation manual.
60.29Plain language notice.
60.30I understand that because this home will be installed with footings placed above the
60.31local frost line, this home may be subject to adverse effects from frost heave that may
60.32damage this home. Purchaser(s) initials: .......
60.33I understand that the installation of this home with footings placed above the local
60.34frost line could affect my ability to obtain a mortgage or mortgage insurance on this
60.35home. Purchaser(s) initials: .......
61.1I understand that the installation of this home with footings placed above the local
61.2frost line could void my warranty on the home if any warranty is still in place on this
61.3home. Purchaser(s) initials: .......
61.15Name of licensed installer and license number or homeowner responsible for the
61.16installation of the home as described above.
61.19EFFECTIVE DATE.This section is effective the day following final enactment.
61.20 Sec. 55. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
61.21 Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in
61.22accordance with sections
61.23administration and enforcement of the manufactured home installation rules promulgated
61.24by the commissioner. Municipalities which have adopted the State Building Code may
61.25provide installation inspection and plan review services in noncode areas of the state.
61.26EFFECTIVE DATE.This section is effective the day following final enactment.
61.27 Sec. 56. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
61.28 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
61.29installation seals and inspections which are sufficient to cover all costs incurred in the
61.30administration of sections
61.31rule a monitoring inspection fee in an amount that will comply with the secretary's fee
61.32distribution program. This monitoring inspection fee shall be an amount paid by the
61.33manufacturer for each manufactured home produced in Minnesota. The monitoring
61.34inspection fee shall be paid by the manufacturer to the secretary. The rules of the
62.1fee distribution program require the secretary to distribute the fees collected from all
62.2manufactured home manufacturers among states approved and conditionally approved
62.3based on the number of new manufactured homes whose first location after leaving the
62.4manufacturer is on the premises of a distributor, dealer or purchaser in that state. Fees
62.5for inspections in areas that have not adopted the State Building Code must be equal to
62.6the fees for inspections in code areas of the state. Third party vendors may charge their
62.7usual and normal charge for inspections.
62.8EFFECTIVE DATE.This section is effective the day following final enactment.
62.9 Sec. 57. Minnesota Statutes 2010, section 327C.095, subdivision 12, is amended to
62.10read:
62.11 Subd. 12. Payment to the Minnesota manufactured home relocation trust fund.
62.12 (a) If a manufactured home owner is required to move due to the conversion of all or a
62.13portion of a manufactured home park to another use, the closure of a park, or cessation of
62.14use of the land as a manufactured home park, the manufactured park owner shall, upon
62.15the change in use, pay to the commissioner of management and budget for deposit in the
62.16Minnesota manufactured home relocation trust fund under section
62.17amount of the actual costs of moving or purchasing the manufactured home approved
62.18by the neutral third party and paid by the Minnesota Housing Finance Agency under
62.19subdivision 13, paragraph (a) or (e), or $3,250 for each single section manufactured
62.20home, and $6,000 for each multisection manufactured home, for which a manufactured
62.21home owner has made application for payment of relocation costs under subdivision 13,
62.22paragraph (c). The manufactured home park owner shall make payments required under
62.23this section to the Minnesota manufactured home relocation trust fund within 60 days of
62.24receipt of invoice from the neutral third party.
62.25 (b) A manufactured home park owner is not required to make the payment prescribed
62.26under paragraph (a), nor is a manufactured home owner entitled to compensation under
62.27subdivision 13, paragraph (a) or (e), if:
62.28 (1) the manufactured home park owner relocates the manufactured home owner to
62.29another space in the manufactured home park or to another manufactured home park at
62.30the park owner's expense;
62.31 (2) the manufactured home owner is vacating the premises and has informed the
62.32manufactured home park owner or manager of this prior to the mailing date of the closure
62.33statement under subdivision 1;
62.34 (3) a manufactured home owner has abandoned the manufactured home, or the
62.35manufactured home owner is not current on the monthly lot rental, personal property taxes;
63.1 (4) the manufactured home owner has a pending eviction action for nonpayment of
63.2lot rental amount under section
63.3owner prior to the mailing date of the closure statement under subdivision 1, and the writ
63.4of recovery has been ordered by the district court;
63.5 (5) the conversion of all or a portion of a manufactured home park to another use,
63.6the closure of a park, or cessation of use of the land as a manufactured home park is the
63.7result of a taking or exercise of the power of eminent domain by a governmental entity
63.8or public utility; or
63.9 (6) the owner of the manufactured home is not a resident of the manufactured home
63.10park, as defined in section
63.11is a resident, but came to reside in the manufactured home park after the mailing date of
63.12the closure statement under subdivision 1.
63.13 (c) If the unencumbered fund balance in the manufactured home relocation trust fund
63.14is less than $1,000,000 as of June 30 of each year, the commissioner of management and
63.15budget shall
63.16of $12 for each licensed lot in their park, payable on or before September 15 of
63.17year. The commissioner of management and budget shall deposit
63.18Minnesota manufactured home relocation trust fund. On or before July 15 of each year,
63.19the commissioner of management and budget shall prepare and distribute to park owners a
63.20letter explaining whether funds are being collected for that year, information about the
63.21collection, an invoice for all licensed lots, and a sample form for the park owners to
63.22collect information on which park residents have been accounted for. If assessed under
63.23this paragraph, the park owner may recoup the cost of the $12 assessment as a lump
63.24sum or as a monthly fee of no more than $1 collected from park residents together with
63.25monthly lot rent as provided in section
63.26payment for lots in their park that are vacant or otherwise not eligible for contribution to
63.27the trust fund under section
63.28assessment accordingly.
63.29 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
63.30the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
63.31in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
63.32attorney fees, court costs, and disbursements.
63.33EFFECTIVE DATE.This section is effective the day following final enactment.
63.34 Sec. 58. REVISOR'S INSTRUCTION.
64.1The revisor of statutes shall renumber each section of Minnesota Statutes listed in
64.2column A with the number listed in column B. The revisor shall also make necessary
64.3cross-reference changes consistent with the renumbering.
64.33 Sec. 59. REPEALER.
64.34Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
64.35subdivision 3, are repealed.
64.36EFFECTIVE DATE.This section is effective January 1, 2012.
65.3 Section 1. EFFECTIVE DATE; RELATIONSHIP TO OTHER
65.4APPROPRIATIONS.
65.5Unless otherwise specified, this act is effective retroactively from July 1, 2011,
65.6and supersedes and replaces funding authorized by order of the Second Judicial District
65.7Court in Case No. 62-CV-11-5203.
