1.1Senator .................... moves to amend S.F. No. 887 as follows:
1.2Delete everything after the enacting clause and insert:
1.5
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Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
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1.6 The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
1.8
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|
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2012
|
|
2013
|
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Total
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1.9
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General
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$
|
78,435,000
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$
|
78,135,000
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$
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156,570,000
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1.10
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Remediation
|
|
700,000
|
|
700,000
|
|
1,400,000
|
1.11
|
Workers' Compensation
|
|
22,574,000
|
|
22,574,000
|
|
45,168,000
|
1.12
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Total
|
$
|
101,709,000
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$
|
101,409,000
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$
|
203,118,000
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1.13
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Sec. 2. JOBS AND ECONOMIC DEVELOPMENT.
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1.14 The sums shown in the columns marked "Appropriations" are appropriated to the
1.15agencies and for the purposes specified in this article. The appropriations are from the
1.16general fund, or another named fund, and are available for the fiscal years indicated
1.17for each purpose. The figures "2012" and "2013" used in this article mean that the
1.18appropriations listed under them are available for the fiscal year ending June 30, 2012, or
1.19June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
1.20year 2013. "The biennium" is fiscal years 2012 and 2013.
1.21
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|
|
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APPROPRIATIONS
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1.22
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|
|
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Available for the Year
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1.23
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|
|
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Ending June 30
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1.24
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|
|
|
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2012
|
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2013
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1.25
1.26
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Sec. 3. DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT
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|
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1.27
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Subdivision 1.Total Appropriation
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$
|
36,175,000
|
$
|
36,175,000
|
1.28
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Appropriations by Fund
|
1.29
|
|
2012
|
2013
|
1.30
|
General
|
35,475,000
|
35,475,000
|
1.31
|
Remediation
|
700,000
|
700,000
|
1.32The amounts that may be spent for each
1.33purpose are specified in the following
1.34subdivisions.
2.1
2.2
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Subd. 2.Business and Community
Development
|
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6,491,000
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6,491,000
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2.3
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Appropriations by Fund
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2.4
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General
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5,791,000
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5,791,000
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2.5
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Remediation
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700,000
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700,000
|
2.6(a) $3,762,000 the first year and $3,762,000
2.7the second year is for business and
2.8community development activities of the
2.9department.
2.10(b) $700,000 the first year and $700,000 the
2.11second year are from the remediation fund for
2.12contaminated site cleanup and development
2.13grants under Minnesota Statutes, section
2.14116J.554. This appropriation is available
2.15until expended.
2.16(c) $1,272,000 the first year and $1,272,000
2.17the second year are from the general fund for
2.18the contamination cleanup and development
2.19grants under Minnesota Statutes, section
2.20116J.554.
2.21(d) $757,000 each year is from the general
2.22fund for a business development competitive
2.23grant pilot program. The commissioner shall
2.24develop and implement a competitive grant
2.25program for business development programs.
2.26Acceptable uses for the competitive
2.27grants include, but are not limited to,
2.28bioscience business development, minority
2.29business development, women's business
2.30development, rural business development,
2.31and business development for inventors.
2.32Of this amount, up to five percent is for
2.33administering and monitoring this program.
2.34The commissioner shall report by October
2.351, 2011, to the standing committees of the
3.1senate and house of representatives having
3.2jurisdiction over economic development
3.3issues on program parameters and criteria
3.4developed for the competitive grants under
3.5this paragraph. The commissioner shall
3.6also report whether there are existing grant
3.7programs for the business development
3.8sectors listed that are suited for certain
3.9programs.
3.10
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Subd. 3.Workforce Development
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28,665,000
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28,665,000
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3.11
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Appropriations by Fund
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3.12
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General
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28,665,000
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28,665,000
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3.13(a) $4,196,000 the first year and $4,196,000
3.14the second year is from the general fund for
3.15the Minnesota job skills partnership program
3.16under Minnesota Statutes, sections 116L.01
3.17to 116L.17. If the appropriation for either
3.18year is insufficient, the appropriation for the
3.19other year is available. This appropriation is
3.20available until spent.
3.21(b) $670,000 each year is from the general
3.22fund and an estimated $41,000,000 each year
3.23is statutorily appropriated in the workforce
3.24development fund for the Minnesota Job
3.25Skills Partnership under Minnesota Statutes,
3.26sections 116L.01 to 116L.17 and the
3.27competitive grant program under Minnesota
3.28Statutes, section 116L.04. The commissioner
3.29shall report by January 15 each year to
3.30the standing committees of the senate and
3.31house of representatives having jurisdiction
3.32over economic development issues on the
3.33number of grants and dollar amount per grant
3.34awarded, the geographical distribution of
3.35grants awarded, the number of individuals
4.1who received training and successfully
4.2completed training programs, job placement
4.3statistics, and data on minorities, youth,
4.4underemployed individuals, and public
4.5assistance recipients who received training.
4.6If the appropriation for either year is
4.7insufficient, the appropriation for the other
4.8year is available. This appropriation is
4.9available until spent.
4.10(c) $8,800,000 each year is from the general
4.11fund for the state's vocational rehabilitation
4.12program under Minnesota Statutes, chapter
4.13268A.
4.14(d) $5,778,000 each year is from the general
4.15fund for the state services for the blind
4.16activities.
4.17(e) $2,261,000 each year is from the general
4.18fund for grants to centers for independent
4.19living under Minnesota Statutes, section
4.20268A.11.
4.21(f) $5,405,000 each year is from the general
4.22fund for extended employment services for
4.23persons with severe disabilities or related
4.24conditions under Minnesota Statutes, section
4.25268A.15. Of this appropriation, $125,000
4.26each year is to supplement funds paid for
4.27wage incentives for the community support
4.28fund established in Minnesota Rules, part
4.293300.2045.
4.30(g) $1,555,000 each year is from the general
4.31fund for grants to programs that provide
4.32employment support services to persons with
4.33mental illness under Minnesota Statutes,
4.34sections 268A.13 and 268A.14. Grants
4.35may be used for special projects for young
5.1people with mental illness transitioning from
5.2school to work and people with serious
5.3mental illness receiving services through
5.4a mental health court or civil commitment
5.5court. Special projects must demonstrate
5.6interagency collaboration.
5.7(h) The first $3,300,000 deposited in each
5.8year of the biennium into the contingent
5.9account created under Minnesota Statutes,
5.10section 268.199, shall be transferred
5.11before the closing of each fiscal year to
5.12the workforce development fund created
5.13under Minnesota Statutes, section 116L.20.
5.14Deposits in excess of $3,300,000 shall be
5.15transferred before the closing of each fiscal
5.16year to the general fund.
5.17
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Subd. 4.State-Funded Administration
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1,019,000
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1,019,000
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5.18
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Subd. 5.Transfers In
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45,000,000
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45,000,000
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5.19The commissioner of management and
5.20budget shall transfer $45,000,000 in fiscal
5.21year 2012 from the Douglas J. Johnson
5.22economic protection trust fund in Minnesota
5.23Statutes, section 298.292, to the general
5.24fund. The commissioner shall transfer
5.25$15,000,000 on July 1 in each of the years
5.262015, 2016, and 2017 from the general
5.27fund to the Douglas J. Johnson economic
5.28protection trust fund. For each transfer to
5.29the Douglas J. Johnson economic protection
5.30trust fund, the commissioner shall determine
5.31the total amount of interest and other
5.32earnings that would have accrued to the fund
5.33if the transfers to the general fund under
5.34this paragraph had not been made and add
5.35this amount to the transfer. The amounts
6.1necessary for these transfers are appropriated
6.2from the general fund in the fiscal years
6.3specified for the transfers.
6.4
6.5
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Sec. 4. SCIENCE AND TECHNOLOGY
AUTHORITY
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$
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107,000
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$
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107,000
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6.6
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Sec. 5. HOUSING FINANCE AGENCY
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|
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6.7
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Subdivision 1.Total Appropriation
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$
|
37,595,000
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$
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37,595,000
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6.8The amounts that may be spent for each
6.9purpose are specified in the following
6.10subdivisions.
6.11This appropriation is for transfer to the
6.12housing development fund for the programs
6.13specified. Except as otherwise indicated, this
6.14transfer is part of the agency's permanent
6.15budget base.
6.16
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Subd. 2.Challenge Program
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7,159,000
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7,159,000
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6.17For the economic development and housing
6.18challenge program under Minnesota
6.19Statutes, section 462A.33. Of this amount,
6.20$1,395,000 each year shall be made available
6.21during the first eight months of the fiscal
6.22year exclusively for housing projects for
6.23American Indians. Any funds not committed
6.24to housing projects for American Indians in
6.25the first eight months of the fiscal year shall
6.26be available for any eligible activity under
6.27Minnesota Statutes, section 462A.33.
6.28
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Subd. 3.Housing Trust Fund
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8,555,000
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8,555,000
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6.29For deposit in the housing trust fund account
6.30created under Minnesota Statutes, section
6.31462A.201, and used for the purposes
6.32provided in that section.
6.33
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Subd. 4.Rental Assistance for Mentally Ill
|
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2,638,000
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2,638,000
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7.1For a rental housing assistance program for
7.2persons with a mental illness or families with
7.3an adult member with a mental illness under
7.4Minnesota Statutes, section
462A.2097.
7.5
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Subd. 5.Family Homeless Prevention
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7,465,000
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7,465,000
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7.6For the family homeless prevention and
7.7assistance programs under Minnesota
7.8Statutes, section
462A.204.
7.9
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Subd. 6.Home Ownership Assistance Fund
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858,000
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858,000
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7.10For the home ownership assistance program
7.11under Minnesota Statutes, section 462A.21,
7.12subdivision 8.
7.13
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Subd. 7.Affordable Rental Investment Fund
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7,319,000
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7,319,000
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7.14(a) For the affordable rental investment fund
7.15program under Minnesota Statutes, section
7.16462A.21, subdivision 8b. The appropriation
7.17is to finance the acquisition, rehabilitation,
7.18and debt restructuring of federally assisted
7.19rental property and for making equity
7.20take-out loans under Minnesota Statutes,
7.21section 462A.05, subdivision 39.
7.22(b) The owner of federally assisted rental
7.23property must agree to participate in the
7.24applicable federally assisted housing program
7.25and to extend any existing low-income
7.26affordability restrictions on the housing for
7.27the maximum term permitted. The owner
7.28must also enter into an agreement that gives
7.29local units of government, housing and
7.30redevelopment authorities, and nonprofit
7.31housing organizations the right of first refusal
7.32if the rental property is offered for sale to
7.33unrelated third parties. Priority must be
7.34given among comparable federally assisted
8.1rental properties to properties with the
8.2longest remaining term under an agreement
8.3for federal assistance. Priority must also
8.4be given among comparable rental housing
8.5developments to developments that are or
8.6will be owned by local government units, a
8.7housing and redevelopment authority, or a
8.8nonprofit housing organization.
8.9(c) The appropriation also may be used to
8.10finance the acquisition, rehabilitation, and
8.11debt restructuring of existing supportive
8.12housing properties. For purposes of this
8.13subdivision, "supportive housing" means
8.14affordable rental housing with links to
8.15services necessary for individuals, youth, and
8.16families with children to maintain housing
8.17stability.
8.18
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Subd. 8.Housing Rehabilitation
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2,633,000
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2,633,000
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8.19For the housing rehabilitation program
8.20under Minnesota Statutes, section
462A.05,
8.21subdivision 14, for rental housing
8.22developments.
8.23
8.24
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Subd. 9.Homeownership Education,
Counseling, and Training
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751,000
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751,000
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8.25For the homeownership education,
8.26counseling, and training program under
8.27Minnesota Statutes, section
462A.209.
8.28Notwithstanding Minnesota Statutes, section
8.29462A.209, subdivision 7, paragraph (b),
8.30more than one-half of the funds awarded
8.31for foreclosure prevention and assistance
8.32activities may be used for mortgage or
8.33financial counseling services.
8.34
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Subd. 10.Capacity-Building Grants
|
|
217,000
|
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217,000
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9.1For nonprofit capacity-building grants
9.2under Minnesota Statutes, section
462A.21,
9.3subdivision 3b.
9.4
9.5
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Sec. 6. DEPARTMENT OF LABOR AND
INDUSTRY
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|
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9.6
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Subdivision 1.Total Appropriation
|
$
|
21,688,000
|
$
|
21,688,000
|
9.7
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Appropriations by Fund
|
9.8
|
|
2012
|
2013
|
9.9
|
General
|
817,000
|
817,000
|
9.10
9.11
|
Workers'
Compensation
|
20,871,000
|
20,871,000
|
9.12The amounts that may be spent for each
9.13purpose are specified in the following
9.14subdivisions.
9.15
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Subd. 2.Workers' Compensation
|
|
14,832,000
|
|
14,832,000
|
9.16This appropriation is from the workers'
9.17compensation fund.
9.18$200,000 each year is for grants to the
9.19Vinland Center for rehabilitation services.
9.20Grants shall be distributed as the department
9.21refers injured workers to the Vinland Center
9.22for rehabilitation services.
9.23
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Subd. 3.Labor Standards and Apprenticeship
|
|
817,000
|
|
817,000
|
9.24This appropriation is from the general fund
9.25for the labor standards and apprenticeship
9.26program.
9.27
|
Subd. 4.General Support
|
|
6,039,000
|
|
6,039,000
|
9.28This appropriation is from the workers'
9.29compensation fund.
9.30
9.31
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Sec. 7. BUREAU OF MEDIATION
SERVICES
|
|
|
|
|
9.32
|
Subdivision 1.Total Appropriation
|
$
|
1,584,000
|
$
|
1,584,000
|
10.1The amounts that may be spent for each
10.2purpose are specified in the following
10.3subdivisions.
10.4
|
Subd. 2.Mediation Services
|
|
1,516,000
|
|
1,516,000
|
10.5
10.6
|
Subd. 3.Labor Management Cooperation
Grants
|
|
68,000
|
|
68,000
|
10.7$68,000 each year is for grants to area labor
10.8management committees. Grants may be
10.9awarded for a 12-month period beginning
10.10July 1 each year. Any unencumbered balance
10.11remaining at the end of the first year does not
10.12cancel but is available for the second year.
10.13
10.14
|
Sec. 8. WORKERS' COMPENSATION
COURT OF APPEALS
|
$
|
1,703,000
|
$
|
1,703,000
|
10.15This appropriation is from the workers'
10.16compensation fund.
10.17
|
Sec. 9. BOARD OF ACCOUNTANCY
|
$
|
630,000
|
$
|
480,000
|
10.18$150,000 the first year is to fund the costs
10.19associated with the e-licensing adaptor
10.20integration development. This is a onetime
10.21appropriation.
10.22
10.23
10.24
10.25
|
Sec. 10. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN
|
$
|
924,000
|
$
|
774,000
|
10.26$150,000 the first year is to fund the costs
10.27associated with the e-licensing adaptor
10.28integration development. This is a onetime
10.29appropriation.
10.30
10.31
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Sec. 11. BOARD OF COSMETOLOGIST
EXAMINERS
|
$
|
1,046,000
|
$
|
1,046,000
|
10.32
|
Sec. 12. BOARD OF BARBER EXAMINERS
|
$
|
257,000
|
$
|
257,000
|
11.2MISCELLANEOUS ECONOMIC DEVELOPMENT PROVISIONS
11.3 Section 1. Minnesota Statutes 2010, section 116J.035, is amended by adding a
11.4subdivision to read:
11.5 Subd. 7. Monitoring pass-through grant recipients. The commissioner shall
11.6monitor the activities and outcomes of programs and services funded by legislative
11.7appropriations and administered by the department on a pass-through basis. Unless
11.8amounts are otherwise appropriated for administrative costs, the commissioner may
11.9retain up to five percent of the amount appropriated to the department for grants to
11.10pass-through entities. Amounts retained are deposited to a special revenue account and
11.11are appropriated to the commissioner for costs incurred in administering and monitoring
11.12the pass-through grants.
11.13 Sec. 2. Minnesota Statutes 2010, section 116L.04, subdivision 1, is amended to read:
11.14 Subdivision 1.
Partnership program. (a) The partnership program
may shall
11.15provide
grants-in-aid competitive grants to educational
institutions or other nonprofit
11.16educational institutions training organizations using the following guidelines:
11.17 (1) the educational
institution or other nonprofit
educational institution training
11.18organization is a provider of training within the state in either the public or private sector;
11.19 (2) the program involves skills training that is an area of employment need;
and
11.20 (3) preference will be given to educational
institutions or other nonprofit training
11.21institutions which organizations that serve economically disadvantaged people, minorities,
11.22or those who are victims of economic dislocation and to businesses located in rural
11.23areas
; and
11.24(4) consideration shall be given to programs with a demonstrated track record of
11.25participants' successful completion of training and job placement and retention levels.
11.26 (b) A single grant to any one institution
or organization shall not exceed
$400,000
11.27$1,000,000, in any year. A portion of a grant may be used for preemployment training.
11.28 (c) Each institution
or organization must provide for the dissemination of summary
11.29results of a grant-funded project, including, but not limited to, information about
11.30curriculum and all supporting materials developed in conjunction with the grant. Results
11.31of projects developed by any Minnesota State Colleges and Universities system institution
11.32must be disseminated throughout the system.
11.33EFFECTIVE DATE.This section is effective for grants made on or after July 1,
11.342011.
12.1 Sec. 3. Minnesota Statutes 2010, section 341.321, is amended to read:
12.2341.321 FEE SCHEDULE.
12.3 (a) The fee schedule for professional licenses issued by the commission is as follows:
12.4 (1) referees,
$25 $45 for each initial license and each renewal;
12.5 (2) promoters, $400 for each initial license and each renewal;
12.6 (3) judges and knockdown judges,
$25 $45 for each initial license and each renewal;
12.7 (4) trainers,
$25 $45 for each initial license and each renewal;
12.8 (5) ring announcers,
$25 $45 for each initial license and each renewal;
12.9 (6) seconds,
$25 $45 for each initial license and each renewal;
12.10 (7) timekeepers,
$25 $45 for each initial license and each renewal;
12.11 (8) combatants,
$25 $45 for each initial license and each renewal;
12.12 (9) managers,
$25 $45 for each initial license and each renewal; and
12.13 (10) ringside physicians,
$25 $45 for each initial license and each renewal.
12.14In addition to the license fee and the late filing penalty fee in section
341.32, subdivision
12.152, if applicable, an individual who applies for a
combatant professional license on the
12.16same day the combative sporting event is held shall pay a
late fee of $100
plus the original
12.17license fee of $45 at the time the application is submitted.
12.18 (b) The fee schedule for amateur licenses issued by the commission is as follows:
12.19 (1) referees,
$10 $45 for each initial license and each renewal;
12.20 (2) promoters,
$100 $400 for each initial license and each renewal;
12.21 (3) judges and knockdown judges,
$10 $45 for each initial license and each renewal;
12.22 (4) trainers,
$10 $45 for each initial license and each renewal;
12.23 (5) ring announcers,
$10 $45 for each initial license and each renewal;
12.24 (6) seconds,
$10 $45 for each initial license and each renewal;
12.25 (7) timekeepers,
$10 $45 for each initial license and each renewal;
12.26 (8) combatant,
$10 $25 for each initial license and each renewal;
12.27 (9) managers,
$10 $45 for each initial license and each renewal; and
12.28 (10) ringside physicians,
$10 $45 for each initial license and each renewal.
12.29 (c) The commission shall establish a contest fee for each combative sport contest.
12.30The
professional combative sport contest fee is $1,500 per event or not more than four
12.31percent of the gross ticket sales
, whichever is greater, as determined by the commission
12.32when the combative sport contest is scheduled, except that the amateur combative sport
12.33contest fee shall be
$150 $500 or not more than four percent of the gross ticket sales,
12.34whichever is greater. The commission shall consider the size and type of venue when
12.35establishing a contest fee. The commission may establish the maximum number of
13.1complimentary tickets allowed for each event by rule.
An A professional or amateur
13.2combative sport contest fee is nonrefundable.
13.3 (d) All fees and penalties collected by the commission must be deposited in the
13.4commission account in the special revenue fund.
13.5 Sec. 4. Laws 2009, chapter 78, article 1, section 18, is amended to read:
13.6
13.7
|
Sec. 18. COMBATIVE SPORTS
COMMISSION
|
$
|
80,000
|
$
|
80,000
|
13.8This is a onetime appropriation.
The
13.9Combative Sports Commission expires on
13.10July 1, 2011, unless the commissioner of
13.11finance determines that the commission's
13.12projected expenditures for the fiscal biennium
13.13ending June 30, 2013, will not exceed the
13.14commission's projected revenues for the
13.15fiscal biennium ending June 30, 2013, from
13.16fees and penalties authorized in Minnesota
13.17Statutes 2008, chapter 341.
13.20 Section 1. Minnesota Statutes 2010, section 181.723, subdivision 5, is amended to read:
13.21 Subd. 5.
Application. To obtain an independent contractor exemption certificate,
13.22the individual must submit, in the manner prescribed by the commissioner, a complete
13.23application and the certificate fee required under subdivision 14.
13.24 (a) A complete application must include all of the following information:
13.25 (1) the individual's full name;
13.26 (2) the individual's residence address and telephone number;
13.27 (3) the individual's business name, address, and telephone number;
13.28 (4) the services for which the individual is seeking an independent contractor
13.29exemption certificate;
13.30 (5) the individual's Social Security number;
13.31 (6) the individual's or the individual's business federal employer identification
13.32number, if a number has been issued to the individual or the individual's business;
14.1 (7) any information or documentation that the commissioner requires by rule that
14.2will assist the department in determining whether to grant or deny the individual's
14.3application; and
14.4 (8) the individual's sworn statement that the individual meets all of the following
14.5conditions:
14.6 (i) maintains a separate business with the individual's own office, equipment,
14.7materials, and other facilities;
14.8 (ii) holds or has applied for a federal employer identification number or has filed
14.9business or self-employment income tax returns with the federal Internal Revenue Service
14.10if the person has performed services in the previous year for which the individual is
14.11seeking the independent contractor exemption certificate;
14.12 (iii) operates under contracts to perform specific services for specific amounts of
14.13money and under which the individual controls the means of performing the services;
14.14 (iv) incurs the main expenses related to the service that the individual performs
14.15under contract;
14.16 (v) is responsible for the satisfactory completion of services that the individual
14.17contracts to perform and is liable for a failure to complete the service;
14.18 (vi) receives compensation for service performed under a contract on a commission
14.19or per-job or competitive bid basis and not on any other basis;
14.20 (vii) may realize a profit or suffer a loss under contracts to perform service;
14.21 (viii) has continuing or recurring business liabilities or obligations; and
14.22 (ix) the success or failure of the individual's business depends on the relationship of
14.23business receipts to expenditures.
14.24 (b) Individuals who are applying for or renewing a residential building contractor or
14.25residential remodeler license under sections
326B.197, 326B.802, 326B.805, 326B.81,
14.26326B.815, 326B.821
to
326B.86, 326B.87 to
326B.885, and
327B.041, and any rules
14.27promulgated pursuant thereto, may simultaneously apply for or renew an independent
14.28contractor exemption certificate. The commissioner shall create an application form
14.29that allows for the simultaneous application for both a residential building contractor
14.30or residential remodeler license and an independent contractor exemption certificate.
14.31If individuals simultaneously apply for or renew a residential building contractor or
14.32residential remodeler license and an independent contractor exemption certificate using
14.33the form created by the commissioner, individuals shall only be required to provide, in
14.34addition to the information required by section
326B.83 and rules promulgated pursuant
14.35thereto, the sworn statement required by paragraph (a), clause (8), and any additional
14.36information required by this subdivision that is not also required by section
326B.83
15.1and any rules promulgated thereto.
When individuals submit a simultaneous application
15.2on the form created by the commissioner for both a residential building contractor or
15.3residential remodeler license and an independent contractor exemption certificate, the
15.4application fee shall be $150. An independent contractor exemption certificate that is in
15.5effect before March 1, 2009, shall remain in effect until March 1, 2013, unless revoked by
15.6the commissioner or canceled by the individual.
15.7 (c) Within 30 days of receiving a complete application and the certificate fee, the
15.8commissioner must either grant or deny the application. The commissioner may deny
15.9an application for an independent contractor exemption certificate if the individual has
15.10not submitted a complete application and certificate fee or if the individual does not
15.11meet all of the conditions for holding the independent contractor exemption certificate.
15.12The commissioner may revoke an independent contractor exemption certificate if the
15.13commissioner determines that the individual no longer meets all of the conditions for
15.14holding the independent contractor exemption certificate, commits any of the actions
15.15set out in subdivision 7, or fails to cooperate with a department investigation into the
15.16continued validity of the individual's certificate. Once issued, an independent contractor
15.17exemption certificate remains in effect for four years unless:
15.18 (1) revoked by the commissioner; or
15.19 (2) canceled by the individual.
15.20 (d) If the department denies an individual's original or renewal application for
15.21an independent contractor exemption certificate or revokes an independent contractor
15.22exemption certificate, the commissioner shall issue to the individual an order denying or
15.23revoking the certificate. The commissioner may issue an administrative penalty order to
15.24an individual or person who commits any of the actions set out in subdivision 7.
The
15.25commissioner may file and enforce the unpaid portion of a penalty as a judgment in
15.26district court without further notice or additional proceedings.
15.27 (e) An individual or person to whom the commissioner issues an order under
15.28paragraph (d) shall have 30 days after service of the order to request a hearing. The
15.29request for hearing must be in writing and must be served on or faxed to the commissioner
15.30at the address or facsimile number specified in the order by the 30th day after service of
15.31the order. If the individual does not request a hearing or if the individual's request for a
15.32hearing is not served on or faxed to the commissioner by the 30th day after service of the
15.33order, the order shall become a final order of the commissioner and will not be subject to
15.34review by any court or agency. The date on which a request for hearing is served by mail
15.35shall be the postmark date on the envelope in which the request for hearing is mailed. If
16.1the individual serves or faxes a timely request for hearing, the hearing shall be a contested
16.2case hearing and shall be held in accordance with chapter 14.
16.3 Sec. 2. Minnesota Statutes 2010, section 182.6553, subdivision 6, is amended to read:
16.4 Subd. 6.
Enforcement. This section shall be enforced by the commissioner under
16.5section sections 182.66 and
182.661. A violation of this section is subject to the penalties
16.6provided under section
182.666.
16.7 Sec. 3. Minnesota Statutes 2010, section 326B.04, subdivision 2, is amended to read:
16.8 Subd. 2.
Deposits. Unless otherwise specifically designated by law: (1) all money
16.9collected under sections
144.122, paragraph (f);
181.723;
326B.092 to 326B.096;
16.10326B.101
to
326B.194;
326B.197;
326B.32 to
326B.399;
326B.43 to
326B.49;
326B.52
16.11to
326B.59;
326B.802 to
326B.885;
326B.90 to
326B.998;
327.31 to
327.36; and
16.12327B.01
to
327B.12, except penalties, is credited to the construction code fund; (2) all
16.13fees collected under
section
45.23 sections 326B.098 to 326B.099 in connection with
16.14continuing education for
residential contractors, residential remodelers, and residential
16.15roofers any license, registration, or certificate issued pursuant to this chapter are credited
16.16to the construction code fund; and (3) all penalties assessed under the sections set forth
16.17in clauses (1) and (2) and all penalties assessed under sections
144.99 to
144.993 in
16.18connection with any violation of sections
326B.43 to
326B.49 or
326B.52 to
326B.59 or
16.19the rules adopted under those sections are credited to the assigned risk safety account
16.20established by section
79.253.
16.21 Sec. 4. Minnesota Statutes 2010, section 326B.091, is amended to read:
16.22326B.091 DEFINITIONS.
16.23 Subdivision 1.
Applicability. For purposes of sections
326B.091 to
326B.098
16.24326B.099, the terms defined in this section have the meanings given them.
16.25 Subd. 2.
Applicant. "Applicant" means a person who has submitted to the
16.26department an application for
a an initial or renewal license.
16.27 Subd. 3.
License. "License" means any registration, certification, or other form
16.28of approval authorized by this chapter 326B and chapter 327B to be issued by the
16.29commissioner or department as a condition of doing business or conducting a trade,
16.30profession, or occupation in Minnesota. License includes specifically but not exclusively
16.31an authorization issued by the commissioner or department: to perform electrical work,
16.32plumbing or water conditioning work, high pressure piping work, or residential building
17.1work of a residential contractor, residential remodeler, or residential roofer; to install
17.2manufactured housing; to serve as a building official; or to operate a boiler or boat.
17.3 Subd. 4.
Licensee. "Licensee" means the person named on the license as the person
17.4authorized to do business or conduct the trade, profession, or occupation in Minnesota.
17.5 Subd. 5.
Notification date. "Notification date" means the date of the written
17.6notification from the department to an applicant that the applicant is qualified to take the
17.7examination required for licensure.
17.8 Subd. 5b. Qualifying individual. "Qualifying individual" means the individual
17.9responsible for obtaining continuing education on behalf of a residential building
17.10contractor, residential remodeler, or residential roofer licensed pursuant to sections
17.11326B.801 to 326B.885.
17.12 Subd. 6.
Renewal deadline. "Renewal deadline," when used with respect to a
17.13license, means 30 days before the date that the license expires.
17.14 Sec. 5. Minnesota Statutes 2010, section 326B.098, is amended to read:
17.15326B.098 CONTINUING EDUCATION.
17.16 Subdivision 1.
Applicability Department seminars. This section applies to
17.17seminars offered by the department for the purpose of
allowing enabling licensees to meet
17.18continuing education requirements for license renewal.
17.19 Subd. 2.
Rescheduling. An individual who is registered with the department to
17.20attend a seminar may reschedule one time only, to attend the same seminar on a date
17.21within one year after the date of the seminar the individual was registered to attend.
17.22 Subd. 3.
Fees nonrefundable. All seminar fees paid to the department are
17.23nonrefundable except for any overpayment of fees
or if the department cancels the seminar.
17.24 Sec. 6.
[326B.0981] CONTINUING EDUCATION; NONDEPARTMENT
17.25SEMINARS.
17.26This section applies to seminars that are offered by an entity other than the
17.27department for the purpose of enabling licensees to meet continuing education
17.28requirements for license renewal.
17.29 Sec. 7. Minnesota Statutes 2010, section 326B.13, subdivision 8, is amended to read:
17.30 Subd. 8.
Effective date of rules. A rule to adopt or amend the State Building Code
17.31is effective 180 days after
the filing of the rule with the secretary of state under section
17.3214.16 or
14.26 publication of the rule's notice of adoption in the State Register. The rule
17.33may provide for a later effective date. The rule may provide for an earlier effective date
18.1if the commissioner or board proposing the rule finds that an earlier effective date is
18.2necessary to protect public health and safety after considering, among other things, the
18.3need for time for training of individuals to comply with and enforce the rule.
18.4 Sec. 8. Minnesota Statutes 2010, section 326B.148, subdivision 1, is amended to read:
18.5 Subdivision 1.
Computation. To defray the costs of administering sections
18.6326B.101
to
326B.194, a surcharge is imposed on all permits issued by municipalities in
18.7connection with the construction of or addition or alteration to buildings and equipment or
18.8appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
18.9receipts to award grants for code research and development and education.
18.10 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
18.11one-half mill (.0005) of the fee or 50 cents, except that effective July 1, 2010, until June
18.1230,
2011 2013, the permit surcharge is equivalent to one-half mill (.0005) of the fee or $5,
18.13whichever amount is greater. For all other permits, the surcharge is as follows:
18.14 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
18.15surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
18.16or alteration;
18.17 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
18.18mill (.0004) of the value between $1,000,000 and $2,000,000;
18.19 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
18.20mill (.0003) of the value between $2,000,000 and $3,000,000;
18.21 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
18.22mill (.0002) of the value between $3,000,000 and $4,000,000;
18.23 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
18.24mill (.0001) of the value between $4,000,000 and $5,000,000; and
18.25 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
18.26mill (.00005) of the value that exceeds $5,000,000.
18.27 Sec. 9. Minnesota Statutes 2010, section 326B.42, is amended by adding a subdivision
18.28to read:
18.29 Subd. 1b. Backflow prevention rebuilder. A "backflow prevention rebuilder" is an
18.30individual who is qualified by training prescribed by the Plumbing Board and possesses
18.31a master or journeyman plumber's license to engage in the testing, maintenance, and
18.32rebuilding of reduced pressure zone type backflow prevention assemblies as regulated by
18.33the plumbing code.
19.1 Sec. 10. Minnesota Statutes 2010, section 326B.42, is amended by adding a
19.2subdivision to read:
19.3 Subd. 1c. Backflow prevention tester. A "backflow prevention tester" is an
19.4individual who is qualified by training prescribed by the Plumbing Board to engage in
19.5the testing of reduced pressure zone type backflow prevention assemblies as regulated by
19.6the plumbing code.
19.7 Sec. 11. Minnesota Statutes 2010, section 326B.42, subdivision 8, is amended to read:
19.8 Subd. 8.
Plumbing contractor. "Plumbing contractor" means a licensed contractor
19.9whose responsible
licensed plumber individual is a licensed master plumber.
19.10 Sec. 12. Minnesota Statutes 2010, section 326B.42, subdivision 9, is amended to read:
19.11 Subd. 9.
Responsible licensed plumber individual. A contractor's "responsible
19.12licensed plumber individual" means the licensed master plumber or licensed restricted
19.13master plumber designated in writing by the contractor in the contractor's license
19.14application, or in another manner acceptable to the commissioner, as the individual
19.15responsible for the contractor's compliance with sections
326B.41 to
326B.49, all rules
19.16adopted under these sections and sections
326B.50 to
326B.59, and all orders issued
19.17under section
326B.082.
19.18 Sec. 13. Minnesota Statutes 2010, section 326B.42, subdivision 10, is amended to read:
19.19 Subd. 10.
Restricted plumbing contractor. "Restricted plumbing contractor"
19.20means a licensed contractor whose responsible
licensed plumber individual is a licensed
19.21restricted master plumber.
19.22 Sec. 14. Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:
19.23 Subd. 2.
Powers; duties; administrative support. (a) The board shall have the
19.24power to:
19.25 (1) elect its chair, vice-chair, and secretary;
19.26 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
19.27and containing such other provisions as may be useful and necessary for the efficient
19.28conduct of the business of the board;
19.29 (3) adopt the plumbing code that must be followed in this state and any plumbing
19.30code amendments thereto. The plumbing code shall include the minimum standards
19.31described in sections
326B.43, subdivision 1, and
326B.52, subdivision 1. The board
20.1shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
20.2as provided in subdivision 6, paragraphs (b), (c), and (d);
20.3 (4) review requests for final interpretations and issue final interpretations as provided
20.4in section
326B.127, subdivision 5;
20.5 (5) adopt rules that regulate the licensure
, certification, or registration of plumbing
20.6contractors, journeymen, unlicensed individuals, master plumbers, restricted master
20.7plumbers, restricted journeymen,
restricted plumbing contractors, backflow prevention
20.8rebuilders and testers, water conditioning contractors, and water conditioning installers,
20.9and other persons engaged in the design, installation, and alteration of plumbing systems
20.10or engaged in or working at the business of water conditioning installation or service,
or
20.11engaged in or working at the business of medical gas system installation, maintenance, or
20.12repair, except for those individuals licensed under section
326.02, subdivisions 2 and 3.
20.13The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
20.146, paragraphs (e) and (f);
20.15(6) adopt rules that regulate continuing education for individuals licensed as master
20.16plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
20.17plumbers, water conditioning contractors, and water conditioning installers
, and for
20.18individuals certified under sections 326B.437 and 326B.438. The board shall adopt these
20.19rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
20.20 (7) refer complaints or other communications to the commissioner, whether oral or
20.21written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
20.22order that the commissioner has the authority to enforce pertaining to code compliance,
20.23licensure, or an offering to perform or performance of unlicensed plumbing services;
20.24 (8) approve per diem and expenses deemed necessary for its members as provided in
20.25subdivision 3;
20.26 (9) approve license reciprocity agreements;
20.27 (10) select from its members individuals to serve on any other state advisory council,
20.28board, or committee; and
20.29 (11) recommend the fees for licenses
, registrations, and certifications.
20.30Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
20.31Board of High Pressure Piping Systems, the commissioner of labor and industry shall
20.32administer and enforce the provisions of this chapter and any rules promulgated pursuant
20.33thereto.
20.34 (b) The board shall comply with section
15.0597, subdivisions 2 and 4.
20.35 (c) The commissioner shall coordinate the board's rulemaking and recommendations
20.36with the recommendations and rulemaking conducted by the other boards created pursuant
21.1to this chapter. The commissioner shall provide staff support to the board. The support
21.2includes professional, legal, technical, and clerical staff necessary to perform rulemaking
21.3and other duties assigned to the board. The commissioner of labor and industry shall
21.4supply necessary office space and supplies to assist the board in its duties.
21.5 Sec. 15.
[326B.437] REDUCED PRESSURE BACKFLOW PREVENTION
21.6REBUILDERS AND TESTERS.
21.7(a) No person shall perform or offer to perform the installation, maintenance, repair,
21.8replacement, or rebuilding of reduced pressure zone backflow prevention assemblies
21.9unless the person obtains a plumbing contractor license. An individual shall not engage
21.10in the testing, maintenance, repair, or rebuilding of reduced pressure zone backflow
21.11prevention assemblies, as regulated by the plumbing code, unless the individual is certified
21.12by the commissioner as a backflow prevention rebuilder.
21.13(b) An individual shall not engage in testing of a reduced pressure zone backflow
21.14prevention assembly, as regulated by the Plumbing Code, unless the individual possesses a
21.15backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
21.16prevention tester.
21.17(c) Certificates are issued for an initial period of two years and must be renewed
21.18every two years thereafter for as long as the certificate holder installs, maintains, repairs,
21.19rebuilds, or tests reduced pressure zone backflow prevention assemblies. For purposes
21.20of calculating fees under section 326B.092, an initial or renewed backflow prevention
21.21rebuilder or tester certificate shall be considered an entry level license.
21.22(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are
21.23related to the certification of backflow prevention rebuilders and backflow prevention
21.24testers. Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the
21.2518-month limitation under section 14.125, this authority expires on December 31, 2014.
21.26(e) The department shall recognize certification programs that are a minimum of 16
21.27contact hours and include the passage of an examination. The examination must consist of
21.28a practical and a written component. This paragraph expires when the Plumbing Board
21.29adopts rules under paragraph (d).
21.30 Sec. 16. Minnesota Statutes 2010, section 326B.438, is amended to read:
21.31326B.438 MEDICAL GAS SYSTEMS.
21.32 Subdivision 1.
Definitions. (a) For the purposes of this section, the terms defined in
21.33this subdivision have the meanings given them.
22.1 (b) "Medical gas" means medical gas as defined under the National Fire Protection
22.2Association NFPA 99C Standard on Gas and Vacuum Systems.
22.3 (c) "Medical gas system" means a level 1, 2, or 3 piped medical gas and vacuum
22.4system as defined under the National Fire Protection Association NFPA 99C Standard on
22.5Gas and Vacuum Systems.
22.6 Subd. 2.
License and certification required. A No person
shall perform or offer
22.7to perform the installation, maintenance, or repair of medical gas systems unless the
22.8person obtains a contractor license. An individual shall not engage in the installation,
22.9maintenance, or repair of a medical gas system unless the
person individual possesses
22.10a current Minnesota master or journeyman plumber's license and is certified by the
22.11commissioner under rules adopted by the Minnesota Plumbing Board. The certification
22.12must be renewed
annually biennially for as long as the certificate holder engages in the
22.13installation, maintenance, or repair of medical gas
and vacuum systems.
If a medical gas
22.14and vacuum system certificate is not renewed within 12 months after its expiration the
22.15medical gas and vacuum certificate is permanently forfeited.
22.16 Subd. 3.
Exemptions. (a)
A person An individual who on August 1, 2010, holds
22.17a valid certificate authorized by the American Society of Sanitary Engineering (ASSE)
22.18in accordance with standards recommended by the National Fire Protection Association
22.19under NFPA 99C is exempt from the requirements of subdivision 2. This exemption
22.20applies only if the
person individual maintains a valid certification authorized by the ASSE.
22.21 (b)
A person An individual who on August 1, 2010, possesses a current Minnesota
22.22master or journeyman plumber's license and a valid certificate authorized by the ASSE
22.23in accordance with standards recommended by the National Fire Protection Association
22.24under NFPA 99C is exempt from the requirements of subdivision 2 and may install,
22.25maintain, and repair a medical gas system. This exemption applies only if
a person an
22.26individual maintains a valid Minnesota master or journeyman plumber's license and valid
22.27certification authorized by the ASSE.
22.28 Subd. 4.
Fees. The fee for a medical gas certificate For the purpose of calculating
22.29fees under section 326B.092, an initial or renewed medical gas certificate issued by the
22.30commissioner according to subdivision 2
is $30 per year shall be considered a journeyman
22.31level license.
22.32 Sec. 17. Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:
22.33 Subd. 1a.
Exemptions from licensing. (a) An individual without a contractor
22.34license may do plumbing work on the individual's residence in accordance with
22.35subdivision 1, paragraph (a).
23.1(b) An individual who is an employee working on the maintenance and repair of
23.2plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
23.3and which is within the limits of property owned or leased, and operated or maintained by
23.4the individual's employer, shall not be required to maintain a contractor license as long
23.5as the employer has on file with the commissioner a current certificate of responsible
23.6person. The certificate must be signed by the responsible individual. The responsible
23.7individual must be a master plumber or, in an area of the state that is not a city or town
23.8with a population of more than 5,000 according to the last federal census,
a restricted
23.9master plumber
,. The certificate must be signed by the responsible individual and must
23.10state that the person signing the certificate is responsible for ensuring that the maintenance
23.11and repair work performed by the employer's employees
comply complies with sections
23.12326B.41
to
326B.49, all rules adopted under those sections and sections
326B.50 to
23.13326B.59
, and all orders issued under section
326B.082. The employer must pay a filing
23.14fee to file a certificate of responsible
person individual with the commissioner. The
23.15certificate shall expire two years from the date of filing. In order to maintain a current
23.16certificate of responsible
person individual, the employer must resubmit a certificate of
23.17responsible
person individual, with a filing fee, no later than two years from the date of the
23.18previous submittal. The filing of the certificate of responsible
person individual does not
23.19exempt any employee of the employer from the requirements of this chapter regarding
23.20individual licensing as a plumber or registration as a plumber's apprentice.
23.21(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
23.22separate contractor license to perform plumbing work on behalf of the employer within
23.23the scope of the licensed plumber's license.
23.24(d) A person may perform and offer to perform building sewer or water service
23.25installation without a contractor's license if the person is in compliance with the bond and
23.26insurance requirements of subdivision 2.
23.27 Sec. 18. Minnesota Statutes 2010, section 326B.46, subdivision 1b, is amended to read:
23.28 Subd. 1b.
Employment of master plumber or restricted master plumber. (a)
23.29Each contractor must designate a responsible licensed plumber, who shall be responsible
23.30for the performance of all plumbing work in accordance with sections
326B.41 to
23.31326B.49
, all rules adopted under these sections and sections
326B.50 to
326B.59, and all
23.32orders issued under section
326B.082. A plumbing contractor's responsible
licensed
23.33plumber individual must be a master plumber. A restricted plumbing contractor's
23.34responsible
licensed plumber individual must be a master plumber or a restricted master
23.35plumber. A plumbing contractor license authorizes the contractor to offer to perform
24.1and, through licensed and registered individuals, to perform plumbing work in all areas
24.2of the state. A restricted plumbing contractor license authorizes the contractor to offer
24.3to perform and, through licensed and registered individuals, to perform plumbing work
24.4in all areas of the state except in cities and towns with a population of more than 5,000
24.5according to the last federal census.
24.6(b) If the contractor is an individual or sole proprietorship, the responsible licensed
24.7plumber individual must be the individual, proprietor, or managing employee. If the
24.8contractor is a partnership, the responsible licensed
plumber individual must be a general
24.9partner or managing employee. If the contractor is a limited liability company, the
24.10responsible licensed
plumber individual must be a chief manager or managing employee.
24.11If the contractor is a corporation, the responsible licensed
plumber individual must be
24.12an officer or managing employee. If the responsible licensed
plumber individual is a
24.13managing employee, the responsible licensed
plumber individual must be actively engaged
24.14in performing plumbing work on behalf of the contractor, and cannot be employed in any
24.15capacity as a plumber for any other contractor. An individual may be the responsible
24.16licensed
plumber individual for only one contractor.
24.17(c) All applications and renewals for contractor licenses shall include a verified
24.18statement that the applicant or licensee has complied with this subdivision.
24.19 Sec. 19. Minnesota Statutes 2010, section 326B.46, subdivision 2, is amended to read:
24.20 Subd. 2.
Bond; insurance. As a condition of licensing, each contractor(a) The bond
24.21and insurance requirements of paragraphs (b) and (c) apply to each person who performs
24.22or offers to perform plumbing work within the state, including any person who offers to
24.23perform or performs sewer or water service installation without a contractor's license. If
24.24the person performs or offers to perform any plumbing work other than sewer or water
24.25service installation, then the person must meet the requirements of paragraphs (b) and (c)
24.26as a condition of holding a contractor's license.
24.27(b) Each person who performs or offers to perform plumbing work within the state
24.28shall give and maintain bond to the state in the amount of at least $25,000 for (1) all
24.29plumbing work entered into within the state or (2) all plumbing work and subsurface
24.30sewage treatment work entered into within the state. If the bond is for both plumbing work
24.31and subsurface sewage treatment work, the bond must comply with the requirements of
24.32this section and section
115.56, subdivision 2, paragraph (e). The bond shall be for the
24.33benefit of persons injured or suffering financial loss by reason of failure to comply with the
24.34requirements of the State Plumbing Code and, if the bond is for both plumbing work and
24.35subsurface sewage treatment work, financial loss by reason of failure to comply with the
25.1requirements of sections
115.55 and
115.56. The bond shall be filed with the commissioner
25.2and shall be written by a corporate surety licensed to do business in the state.
25.3 In addition, as a condition of licensing, each contractor (c) Each person who
25.4performs or offers to perform plumbing work within the state shall have and maintain in
25.5effect public liability insurance, including products liability insurance with limits of at
25.6least $50,000 per person and $100,000 per occurrence and property damage insurance
25.7with limits of at least $10,000. The insurance shall be written by an insurer licensed to
25.8do business in the state of Minnesota
and. Each
licensed master plumber person who
25.9performs or offers to perform plumbing work within the state shall maintain on file
25.10with the commissioner a certificate evidencing the insurance. In the event of a policy
25.11cancellation, the insurer shall send written notice to the commissioner at the same time
25.12that a cancellation request is received from or a notice is sent to the insured.
25.13 Sec. 20. Minnesota Statutes 2010, section 326B.46, subdivision 3, is amended to read:
25.14 Subd. 3.
Bond and insurance exemption. If a
master plumber or restricted master
25.15plumber person who is in compliance with the bond and insurance requirements of
25.16subdivision 2, employs a licensed plumber,
the or an individual who has completed pipe
25.17laying training as prescribed by the commissioner, that employee
plumber shall not be
25.18required to meet the bond and insurance requirements of subdivision 2. An individual who
25.19is an employee working on the maintenance and repair of plumbing equipment, apparatus,
25.20or facilities owned or leased by the individual's employer and which is within the limits of
25.21property owned or leased, and operated or maintained by the individual's employer, shall
25.22not be required to meet the bond and insurance requirements of subdivision 2.
25.23 Sec. 21. Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:
25.24 Subdivision 1.
Registration; supervision; records. (a) All unlicensed individuals,
25.25other than plumber's apprentices
and individuals who have completed pipe laying training
25.26as prescribed by the commissioner, must be registered under subdivision 3.
25.27(b) A plumber's apprentice or registered unlicensed individual is authorized to
25.28assist in the installation of plumbing only while under the direct supervision of a master,
25.29restricted master, journeyman, or restricted journeyman plumber. The master, restricted
25.30master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
25.31plumbing work performed by the plumber's apprentice or registered unlicensed individual
25.32complies with the plumbing code. The supervising master, restricted master, journeyman,
25.33or restricted journeyman must be licensed and must be employed by the same employer
25.34as the plumber's apprentice
or registered unlicensed individual. Licensed individuals
26.1shall not permit plumber's apprentices
or registered unlicensed individuals to perform
26.2plumbing work except under the direct supervision of an individual actually licensed to
26.3perform such work. Plumber's apprentices
and registered unlicensed individuals shall not
26.4supervise the performance of plumbing work or make assignments of plumbing work
26.5to unlicensed individuals.
26.6(c) Contractors employing plumber's apprentices
or registered unlicensed individuals
26.7to perform plumbing work shall maintain records establishing compliance with this
26.8subdivision that shall identify all plumber's apprentices
and registered unlicensed
26.9individuals performing plumbing work, and shall permit the department to examine and
26.10copy all such records.
26.11 Sec. 22. Minnesota Statutes 2010, section 326B.47, subdivision 3, is amended to read:
26.12 Subd. 3.
Registration, rules, applications, renewals, and fees. An unlicensed
26.13individual may register by completing and submitting to the commissioner an application
26.14form provided by the commissioner, with all fees required by section
326B.092. A
26.15completed application form must state the date the individual began training, the
26.16individual's age, schooling, previous experience, and employer, and other information
26.17required by the commissioner. The
Plumbing Board may prescribe rules, not inconsistent
26.18with this section, for the registration of unlicensed individuals. Applications for initial
26.19registration may be submitted at any time. Registration must be renewed annually and
26.20shall be for the period from July 1 of each year to June 30 of the following year.
26.21 Sec. 23. Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:
26.22 Subdivision 1.
Application, examination, and license fees. (a) Applications for
26.23master and journeyman plumber's licenses shall be made to the commissioner, with
26.24all fees required by section
326B.092. Unless the applicant is entitled to a renewal,
26.25the applicant shall be licensed by the commissioner only after passing a satisfactory
26.26examination developed and administered by the commissioner, based upon rules adopted
26.27by the Plumbing Board, showing fitness.
26.28(b) All initial journeyman plumber's licenses shall be effective for more than one
26.29calendar year and shall expire on December 31 of the year after the year in which the
26.30application is made. All master plumber's licenses shall expire on December 31 of each
26.31even-numbered year after issuance or renewal. The commissioner shall in a manner
26.32determined by the commissioner, without the need for any rulemaking under chapter 14,
26.33phase in the renewal of master and journeyman plumber's licenses from one year to two
27.1years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
27.2two-year licenses.
27.3(c) Applications for contractor licenses shall be made to the commissioner, with all
27.4fees required by section
326B.092. All contractor licenses shall expire on December 31 of
27.5each odd-numbered year after issuance or renewal.
27.6(d) For purposes of calculating license fees and renewal license fees required under
27.7section
326B.092:
27.8(1) the following licenses shall be considered business licenses: plumbing contractor
27.9and restricted plumbing contractor;
27.10(2) the following licenses shall be considered master licenses: master plumber and
27.11restricted master plumber;
27.12(3) the following licenses shall be considered journeyman licenses: journeyman
27.13plumber and restricted journeyman plumber; and
27.14(4) the registration of a plumber's apprentice under section
326B.47, subdivision 3,
27.15shall be considered an entry level license.
27.16(e) For each filing of a certificate of responsible
person individual by an employer,
27.17the fee is $100.
27.18(f) The commissioner shall charge each person giving bond under section 326B.46,
27.19subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
27.20licensed contractor.
27.21 Sec. 24. Minnesota Statutes 2010, section 326B.56, subdivision 1, is amended to read:
27.22 Subdivision 1.
Bonds. (a) As a condition of licensing, each water conditioning
27.23contractor shall give and maintain a bond to the state as described in paragraph (b).
27.24No applicant for a water conditioning contractor
or installer license who maintains the
27.25bond under paragraph (b) shall be otherwise required to meet the bond requirements of
27.26any political subdivision.
27.27 (b) Each bond given to the state under this subdivision shall be in the total sum of
27.28$3,000 conditioned upon the faithful and lawful performance of all water conditioning
27.29installation or servicing done within the state. The bond shall be for the benefit of
27.30persons suffering injuries or damages due to the work. The bond shall be filed with the
27.31commissioner and shall be written by a corporate surety licensed to do business in this
27.32state. The bond must remain in effect at all times while the application is pending and
27.33while the license is in effect.
27.34 Sec. 25. Minnesota Statutes 2010, section 326B.58, is amended to read:
28.1326B.58 FEES; RENEWAL.
28.2 (a) Each initial water conditioning master and water conditioning journeyman
28.3license shall be effective for more than one calendar year and shall expire on December 31
28.4of the year after the year in which the application is made.
28.5(b) The commissioner shall in a manner determined by the commissioner, without
28.6the need for any rulemaking under chapter 14, phase in the renewal of water conditioning
28.7master and journeyman licenses from one year to two years. By June 30, 2011, all
28.8renewed water conditioning contractor
and installer licenses shall be two-year licenses.
28.9The Plumbing Board may by rule prescribe for the expiration and renewal of licenses.
28.10(c) All water conditioning contractor licenses shall expire on December 31 of the
28.11year after issuance or renewal.
28.12(d) For purposes of calculating license fees and renewal fees required under section
28.13326B.092
:
28.14(1) a water conditioning journeyman license shall be considered a journeyman
28.15license;
28.16(2) a water conditioning master license shall be considered a master license; and
28.17(3) a water conditioning contractor license shall be considered a business license.
28.18 Sec. 26. Minnesota Statutes 2010, section 326B.82, subdivision 2, is amended to read:
28.19 Subd. 2.
Appropriate and related knowledge. "Appropriate and related
28.20knowledge" means facts, information, or principles that are clearly relevant to the
licensee
28.21in performing licensee's responsibilities under a license issued by the commissioner.
28.22These facts, information, or principles must convey substantive and procedural knowledge
28.23as it relates to postlicensing issues and must be relevant to the technical aspects of a
28.24particular area of continuing education regulated industry.
28.25 Sec. 27. Minnesota Statutes 2010, section 326B.82, subdivision 3, is amended to read:
28.26 Subd. 3.
Classroom hour. "Classroom hour" means
a 50-minute hour 50 minutes of
28.27educational content.
28.28 Sec. 28. Minnesota Statutes 2010, section 326B.82, subdivision 7, is amended to read:
28.29 Subd. 7.
Medical hardship. "Medical hardship"
includes means a documented
28.30physical disability or medical condition.
28.31 Sec. 29. Minnesota Statutes 2010, section 326B.82, subdivision 9, is amended to read:
29.1 Subd. 9.
Regulated industries industry. "Regulated
industries industry" means
29.2residential contracting, residential remodeling, or residential roofing. Each of these is a
29.3regulated industry any business, trade, profession, or occupation that requires a license
29.4issued under this chapter or chapter 327B as a condition of doing business in Minnesota.
29.5 Sec. 30. Minnesota Statutes 2010, section 326B.821, subdivision 1, is amended to read:
29.6 Subdivision 1.
Purpose. The purpose of this section is to establish standards
29.7for residential building contractor continuing education.
The standards must include
29.8requirements for continuing education in the implementation of energy codes or energy
29.9conservation measures applicable to residential buildings.
29.10 Sec. 31. Minnesota Statutes 2010, section 326B.821, subdivision 5, is amended to read:
29.11 Subd. 5.
Content. (a) Continuing education consists of approved courses that
29.12impart appropriate and related knowledge in the
residential construction industry regulated
29.13industries pursuant to
sections
326B.802 to
326B.885 this chapter and other
relevant
29.14applicable federal and state laws, rules, and regulations. Courses may include relevant
29.15materials that are included in licensing exams subject to the limitations imposed in
29.16subdivision 11. The burden of demonstrating that courses impart appropriate and related
29.17knowledge is upon the person seeking approval or credit.
29.18 (b) Except as required for Internet continuing education, course examinations will
29.19not be required for continuing education courses
unless they are required by the sponsor.
29.20 (c)
Textbooks are not required to be used for continuing education courses. If
29.21textbooks are not used
as part of the course, the sponsor must provide students with a
29.22syllabus containing
, at a minimum, the course title, the times and dates of the course
29.23offering, the name, address,
and telephone number of the course sponsor
and, the name
29.24and affiliation of the instructor, and a detailed outline of the subject materials to be
29.25covered. Any written or printed material given to students must be of readable quality and
29.26contain accurate and current information.
29.27 (d) Upon completion of an approved course, licensees shall earn one hour of
29.28continuing education credit for each
classroom hour approved by the commissioner.
One
29.29credit hour of continuing education is equivalent to 50 minutes of educational content.
29.30Each continuing education course must be attended in its entirety in order to receive credit
29.31for the number of approved hours. Courses may be approved for full or partial credit,
29.32and for more than one regulated industry.
29.33 (e) Continuing education credit in an approved course shall be awarded to presenting
29.34instructors on the basis of one credit for each hour
of preparation for the duration of the
30.1initial presentation. Continuing education
credit may not be earned if the licensee has
30.2previously obtained credit for the same course as a licensee or as an instructor within the
30.3three years immediately prior credits for completion of an approved course may only be
30.4used once for renewal of a specific license.
30.5 (e) (f) Courses will be approved using the following guidelines:
30.6(1) course content must demonstrate significant intellectual or practical content and
30.7deal with matters directly related to the practice
of residential construction in the regulated
30.8industry, workforce safety, or the business of running a
residential construction company
30.9in the regulated industry. Courses may also address the professional responsibility or
30.10ethical obligations of
residential contractors to homeowners and suppliers a licensee
30.11related to work in the regulated industry;
30.12(2) the following courses may be
automatically approved if they are specifically
30.13designed for the
residential construction regulated industry and are in compliance with
30.14paragraph
(f) (g):
30.15(i) courses approved by the Minnesota Board of Continuing Legal Education; or
30.16(ii) courses approved by the International Code Council, National Association of
30.17Home Building, or other nationally recognized professional organization of the
residential
30.18construction regulated industry; and
30.19(3) courses must be presented and attended in a suitable classroom or construction
30.20setting, except for Internet education courses which must meet the requirements of
30.21subdivision 5a. Courses presented via video recording, simultaneous broadcast, or
30.22teleconference may be approved provided the sponsor is available at all times during the
30.23presentation, except for Internet education courses which must meet the requirements
30.24of subdivision 5a.
30.25(f) (g) The following courses will not be approved for credit:
30.26 (1) courses designed solely to prepare students for a license examination;
30.27 (2) courses in mechanical office skills, including typing, speed reading, or other
30.28machines or equipment. Computer courses are allowed, if appropriate and related to the
30.29residential construction regulated industry;
30.30 (3) courses in sales promotion, including meetings held in conjunction with the
30.31general business of the licensee;
30.32 (4) courses in motivation, salesmanship, psychology, or personal time management;
30.33 (5) courses that are primarily intended to impart knowledge of specific products of
30.34specific companies, if the use of the product or products relates to the sales promotion
30.35or marketing of one or more of the products discussed; or
31.1(6) courses
where any of the educational content of the course is the State Building
31.2Code that include code provisions that have not been adopted into the State Building
31.3Code unless the course materials clarify
whether or not that the code provisions have
31.4been officially adopted into a future version of the State Building Code and the effective
31.5date of enforcement
, if applicable.
31.6 Sec. 32. Minnesota Statutes 2010, section 326B.821, subdivision 5a, is amended to
31.7read:
31.8 Subd. 5a.
Internet continuing education. (a)
Minnesota state colleges and
31.9universities that are accredited to provide Internet education by the Higher Learning
31.10Commission are exempt from the requirements of this subdivision.
31.11(b) The design and delivery of an Internet continuing education course must be
31.12approved by the International Distance Education Certification Center (IDECC) before
31.13the course is submitted for the commissioner's approval. The IDECC approval must
31.14accompany the course submitted.
31.15(b) (c) An Internet continuing education course must:
31.16(1) specify the minimum computer system requirements;
31.17(2) provide encryption that ensures that all personal information, including the
31.18student's name, address, and credit card number, cannot be read as it passes across the
31.19Internet;
31.20(3) include technology to guarantee seat time;
31.21(4) include a high level of interactivity;
31.22(5) include graphics that reinforce the content;
31.23(6) include the ability for the student to contact an instructor or course sponsor
31.24within a reasonable amount of time;
31.25(7) include the ability for the student to get technical support within a reasonable
31.26amount of time;
31.27(8) include a statement that the student's information will not be sold or distributed
31.28to any third party without prior written consent of the student. Taking the course does not
31.29constitute consent;
31.30(9) be available 24 hours a day, seven days a week, excluding minimal downtime
31.31for updating and administration, except that this provision does not apply to live courses
31.32taught by an actual instructor and delivered over the Internet;
31.33(10) provide viewing access to the online course at all times to the commissioner,
31.34excluding minimal downtime for updating and administration;
31.35(11) include a process to authenticate the student's identity;
32.1(12) inform the student and the commissioner how long after its purchase a course
32.2will be accessible;
32.3(13) inform the student that license education credit will not be awarded for taking
32.4the course after it loses its status as an approved course;
32.5(14) provide clear instructions on how to navigate through the course;
32.6(15) provide automatic bookmarking at any point in the course;
32.7(16) provide questions after each unit or chapter that must be answered before the
32.8student can proceed to the next unit or chapter;
32.9(17) include a reinforcement response when a quiz question is answered correctly;
32.10(18) include a response when a quiz question is answered incorrectly;
32.11(19) include a final examination in which the student must correctly answer 70
32.12percent of the questions;
32.13(20) allow the student to go back and review any unit at any time, except during the
32.14final examination;
32.15(21) provide a course evaluation at the end of the course. At a minimum, the
32.16evaluation must ask the student to report any difficulties caused by the online education
32.17delivery method;
32.18(22) provide a completion certificate when the course and exam have been completed
32.19and the provider has verified the completion. Electronic certificates are sufficient
and shall
32.20include the name of the provider, date and location of the course, educational program
32.21identification that was provided by the department, hours of instruction or continuing
32.22education hours, and licensee's or attendee's name and license, certification, or registration
32.23number or the last four digits of the licensee's or attendee's Social Security number; and
32.24(23) allow the commissioner the ability to electronically review the class to
32.25determine if credit can be approved.
32.26(c) (d) The final examination must be either an encrypted online examination or a
32.27paper examination that is monitored by a proctor who certifies that the student took the
32.28examination.
32.29 Sec. 33. Minnesota Statutes 2010, section 326B.821, subdivision 6, is amended to read:
32.30 Subd. 6.
Course approval. (a) Courses must be approved by the commissioner
32.31in advance and will be approved on the basis of the applicant's compliance with the
32.32provisions of this section relating to continuing education in the regulated industries. The
32.33commissioner shall make the final determination as to the approval and assignment of
32.34credit hours for courses. Courses must be at least one hour in length.
33.1 Licensees requesting credit for continuing education courses that have not been
33.2previously approved
by the commissioner shall, on a form prescribed by the commissioner,
33.3submit an application for approval of continuing education credit accompanied by a
33.4nonrefundable fee of $20 for each course to be reviewed. To be approved, courses must be
33.5in compliance with the provisions of this section governing the types of courses that will
33.6and will not be approved.
33.7 Approval will not be granted for time spent on meals or other unrelated activities.
33.8Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
33.9offered by a provider to any one student for longer than eight hours in one day, excluding
33.10meal breaks.
33.11 (b) Application for course approval must be submitted
on a form approved by the
33.12commissioner at least 30 days before the course offering.
33.13 (c) Approval must be granted for a subsequent offering of identical continuing
33.14education courses without requiring a new application if a notice of the subsequent
33.15offering is filed with the commissioner at least 30 days in advance of the date the course is
33.16to be held. The commissioner shall deny future offerings of courses if they are found not
33.17to be in compliance with the laws relating to course approval.
33.18 Sec. 34. Minnesota Statutes 2010, section 326B.821, subdivision 7, is amended to read:
33.19 Subd. 7.
Courses open to all. All course offerings must be open to any interested
33.20individuals. Access may be restricted by the sponsor based on class size only. Courses
33.21must shall not be approved if attendance is restricted to any particular group of people,
33.22except for company-sponsored courses allowed by applicable law.
33.23 Sec. 35. Minnesota Statutes 2010, section 326B.821, subdivision 8, is amended to read:
33.24 Subd. 8.
Course sponsor. (a) Each course of study shall have at least one sponsor,
33.25approved by the commissioner, who is responsible for supervising the program and
33.26ensuring compliance with all relevant law. Sponsors may engage an additional approved
33.27sponsor in order to assist the sponsor or to act as a substitute for the sponsor
in the event
33.28of an emergency or illness.
33.29(b) Sponsors must submit an application and sworn statement stating they agree to
33.30abide by the requirements of this section and any other applicable statute or rule pertaining
33.31to
residential construction continuing education
in the regulated industry.
33.32(c) A sponsor may also be an instructor.
33.33(d) Failure to comply with
requirements paragraph (b) may result in loss of sponsor
33.34approval for up to two years in accordance with section
326B.082.
34.1 Sec. 36. Minnesota Statutes 2010, section 326B.821, subdivision 9, is amended to read:
34.2 Subd. 9.
Responsibilities. A sponsor is responsible for:
34.3 (1) ensuring compliance with all laws and rules relating to continuing educational
34.4offerings governed by the commissioner;
34.5 (2) ensuring that students are provided with current and accurate information relating
34.6to the laws and rules governing
their licensed activity the regulated industry;
34.7 (3) supervising and evaluating courses and instructors. Supervision includes
34.8ensuring that all areas of the curriculum are addressed without redundancy and that
34.9continuity is present throughout the entire course;
34.10 (4) ensuring that instructors are qualified to teach the course offering;
34.11 (5) furnishing the commissioner, upon request, with copies of course
and instructor
34.12evaluations
and. Evaluations must be completed by students at the time the course is
34.13offered;
34.14(6) furnishing the commissioner, upon request, with copies of the qualifications of
34.15instructors
. Evaluations must be completed by students at the time the course is offered
34.16and by sponsors within five days after the course offering;
34.17 (6) (7) investigating complaints related to course offerings or instructors. A copy
34.18of the written complaint must be sent to the commissioner within ten days of receipt of
34.19the complaint and a copy of the complaint resolution must be sent not more than ten
34.20days after resolution is reached;
34.21 (7) (8) maintaining accurate records relating to course offerings, instructors, tests
34.22taken by students if required, and student attendance for a period of three years from the
34.23date on which the course was completed. These records must be made available to the
34.24commissioner upon request. In the event the sponsor ceases operations before termination
34.25of the sponsor application, the sponsor must provide to the commissioner digital copies of
34.26all course and attendance records of courses held for the previous three years;
34.27 (8) (9) attending workshops or instructional programs as reasonably required by
34.28the commissioner;
34.29 (9) (10) providing course completion certificates within ten days of, but not before,
34.30completion of the entire course.
A sponsor may require payment of the course tuition as a
34.31condition of receiving the course completion certificate. Course completion certificates
34.32must be completed in their entirety
. Course completion certificates must and shall contain
34.33the following
:
34.34(i) the statement: "If you have any comments about this course offering, please mail
34.35them to the Minnesota Department of Labor and Industry."
;
35.1(ii) the current address of the department
must be included. A sponsor may require
35.2payment of the course tuition as a condition for receiving the course completion certificate,
35.3name of the provider, date and location of the course, educational program identification
35.4provided by the department, and hours of instruction or continuing education hours; and
35.5(iii) the licensee's or attendee's name and license, certificate, or registration number
35.6or the last four digits of the licensee's or attendee's Social Security number; and
35.7 (10) (11) notifying the commissioner in writing within ten days of any change in the
35.8information in an application for approval on file with the commissioner.
35.9 Sec. 37. Minnesota Statutes 2010, section 326B.821, subdivision 10, is amended to
35.10read:
35.11 Subd. 10.
Instructors. (a) Each continuing education course shall have an instructor
35.12who is qualified by education, training, or experience to ensure competent instruction.
35.13Failure to have only qualified instructors teach at an approved course offering will result in
35.14loss of course approval. Sponsors are responsible to ensure that an instructor is qualified
35.15to teach the course offering.
35.16 (b) Qualified continuing education instructors must have one of the following
35.17qualifications:
35.18 (1) four years' practical experience in the subject area being taught;
35.19 (2) a college or graduate degree in the subject area being taught;
35.20(3) direct experience in the development of laws, rules, or regulations related to the
35.21residential construction regulated industry; or
35.22(4) demonstrated expertise in the subject area being taught.
Instructors providing
35.23instruction related to electricity, plumbing, or high pressure piping systems must comply
35.24with all applicable continuing education rules adopted by the Board of Electricity, the
35.25Plumbing Board, or the Board of High Pressure Piping Systems.
35.26 (c)
Approved Qualified continuing education instructors are responsible for:
35.27 (1) compliance with all laws and rules relating to continuing education;
35.28 (2) providing students with current and accurate information;
35.29 (3) maintaining an atmosphere conducive to learning in the classroom;
35.30 (4) verifying attendance of students, and certifying course completion;
35.31 (5) providing assistance to students and responding to questions relating to course
35.32materials; and
35.33 (6) attending the workshops or instructional programs that are required by the
35.34commissioner.
36.1 Sec. 38. Minnesota Statutes 2010, section 326B.821, subdivision 11, is amended to
36.2read:
36.3 Subd. 11.
Prohibited practices for sponsors and instructors. (a) In connection
36.4with an approved continuing education course, sponsors and instructors shall not:
36.5 (1) recommend
or, promote
, or disparage the
specific services
, products, processes,
36.6procedures, or practices of a particular
business person in the regulated industry;
36.7 (2) encourage or recruit
individuals students to engage the services of, or become
36.8associated with, a particular business;
36.9 (3) use materials for the sole purpose of promoting a particular business;
36.10 (4) require students to participate in other programs or services offered by an
36.11instructor or sponsor;
36.12 (5) attempt, either directly or indirectly, to discover questions or answers on an
36.13examination for a license;
36.14 (6) disseminate to any other person specific questions, problems, or information
36.15known or believed to be included in licensing examinations;
36.16 (7) misrepresent any information submitted to the commissioner;
36.17 (8) fail to
reasonably cover, or ensure coverage of, all points, issues, and concepts
36.18contained in the course outline approved by the commissioner during the approved
36.19instruction; or
36.20 (9) issue inaccurate course completion certificates.
36.21 (b) Sponsors shall notify the commissioner within ten days of a felony or gross
36.22misdemeanor conviction or of disciplinary action taken against an occupational or
36.23professional license held by the sponsor or an instructor teaching an approved course. The
36.24notification conviction or disciplinary action shall be grounds for the commissioner to
36.25withdraw the approval of the sponsor and to disallow the use of the sponsor or instructor.
36.26 Sec. 39. Minnesota Statutes 2010, section 326B.821, subdivision 12, is amended to
36.27read:
36.28 Subd. 12.
Fees Course tuition. Fees Tuition for an approved course of study
36.29and related materials must be clearly identified to students. In the event that a course is
36.30canceled for any reason, all
fees tuition must be returned within 15 days from the date of
36.31cancellation. In the event that a course is postponed for any reason, students shall be given
36.32the choice of attending the course at a later date or having their
fees tuition refunded in
36.33full within 15 days from the date of postponement. If a student is unable to attend a course
36.34or cancels the registration in a course, sponsor policies regarding refunds shall govern.
37.1 Sec. 40. Minnesota Statutes 2010, section 326B.821, subdivision 15, is amended to
37.2read:
37.3 Subd. 15.
Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
37.4of continuing education courses.
37.5 (b) Advertising must be truthful and not deceptive or misleading. Courses may
37.6not be advertised as approved for continuing education credit unless approval has been
37.7granted in writing by the commissioner.
37.8 (c) Once a course is approved, all advertisement, pamphlet, circular, or other similar
37.9materials pertaining to an approved course circulated or distributed in this state, must
37.10prominently display the following statement:
37.11 "This course has been approved by the Minnesota Department of Labor and Industry
37.12for ....... (approved number of hours) hours for
residential contractor ....... (regulated
37.13industry) continuing education."
37.14 (d) Advertising of approved courses must be clearly distinguishable from the
37.15advertisement of other nonapproved courses and services.
37.16 (e) Continuing education courses may not be advertised before approval unless the
37.17course is described in any advertising as "approval pending." The sponsor must verbally
37.18notify
licensees students before commencement of the course if the course has been
37.19denied credit, has not been approved for credit, or has only been approved for partial
37.20credit by the commissioner.
37.21 (f) The number of hours for which a course has been approved must be prominently
37.22displayed on an advertisement for the course. If the course offering is longer than the
37.23number of hours of credit to be given, it must be clear that credit is not earned for the
37.24entire course.
37.25 (g) The course approval number must not be included in any advertisement.
37.26 Sec. 41. Minnesota Statutes 2010, section 326B.821, subdivision 16, is amended to
37.27read:
37.28 Subd. 16.
Notice to students. At the beginning of each approved offering, the
37.29following notice must be handed out in printed form or must be read to students:
37.30 "This educational offering is recognized by the Minnesota Department of Labor and
37.31Industry as satisfying ....... (insert number of hours approved) hours of credit toward
37.32residential contractor (insert regulated industry) continuing education requirements."
37.33 Sec. 42. Minnesota Statutes 2010, section 326B.821, subdivision 18, is amended to
37.34read:
38.1 Subd. 18.
Falsification of reports or certificates. A licensee, its
qualified person
38.2qualifying individual, or an applicant found to have falsified an education report
or
38.3certificate to the commissioner shall be considered to have violated the laws relating to
38.4the
regulated industry for which the person has a license and shall be subject to
censure,
38.5limitation, condition, suspension, or revocation of the license or denial of the application
38.6for licensure the enforcement provisions of section 326B.082.
38.7 The commissioner reserves the right to audit a licensee's continuing education
38.8records.
38.9 Sec. 43. Minnesota Statutes 2010, section 326B.821, subdivision 19, is amended to
38.10read:
38.11 Subd. 19.
Waivers and extensions. If a licensee provides documentation to the
38.12commissioner that the licensee or its qualifying person is unable, and will continue to be
38.13unable, to attend actual classroom course work because of a physical disability, medical
38.14condition, or similar reason, attendance at continuing education courses shall be waived
38.15for a period not to exceed one year. The commissioner shall require that the licensee or
38.16its qualifying person satisfactorily complete a self-study program to include reading a
38.17sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
38.18residential building contractor industry, as would be necessary for the licensee to satisfy
38.19continuing educational credit hour needs. The commissioner shall award the licensee
38.20credit hours for a self-study program by determining how many credit hours would
38.21be granted to a classroom course involving the same material and giving the licensee
38.22the same number of credit hours under this section. The licensee may apply each year
38.23for a new waiver upon the same terms and conditions as were necessary to secure the
38.24original waiver, and must demonstrate that in subsequent years, the licensee was unable to
38.25complete actual classroom course work. The commissioner may request documentation
38.26of the condition upon which the request for waiver is based as is necessary to satisfy
38.27the commissioner of the existence of the condition and that the condition does preclude
38.28attendance at continuing education courses.
38.29 Upon written proof demonstrating a medical hardship, the commissioner shall
38.30extend, for up to 90 days, the time period during which the continuing education must be
38.31successfully completed.
Loss of income from either attendance at courses or cancellation
38.32of a license is not a bona fide financial hardship. Requests for extensions must be
38.33submitted to the commissioner in writing no later than 60 days before the education is
38.34due and must include an explanation with verification of the hardship, plus verification of
38.35enrollment at an approved course of study on or before the extension period expires.
39.1 Sec. 44. Minnesota Statutes 2010, section 326B.821, subdivision 20, is amended to
39.2read:
39.3 Subd. 20.
Reporting requirements. Required Continuing education
credits must
39.4be reported
by the sponsor in a manner prescribed by the commissioner. Licensees are
39.5responsible for maintaining copies of course completion certificates.
39.6 Sec. 45. Minnesota Statutes 2010, section 326B.821, subdivision 22, is amended to
39.7read:
39.8 Subd. 22.
Continuing education approval. Continuing education courses must be
39.9approved in advance by the commissioner of labor and industry.
"Sponsor" means any
39.10person or entity offering approved education.
39.11 Sec. 46. Minnesota Statutes 2010, section 326B.821, subdivision 23, is amended to
39.12read:
39.13 Subd. 23.
Continuing education fees. The following fees shall be paid to the
39.14commissioner:
39.15 (1) initial course approval, $20 for each hour or fraction of one hour of continuing
39.16education course approval sought. Initial course approval expires on the last day of the
39.1724th 36th month after the course is approved;
39.18 (2) renewal of course approval, $20 per course. Renewal of course approval expires
39.19on the last day of the 24th month after the course is renewed;
39.20 (3) (2) initial sponsor approval, $100. Initial sponsor approval expires on the last
39.21day of the 24th month after the sponsor is approved; and
39.22 (4) (3) renewal of sponsor approval,
$20 $100. Renewal of sponsor approval expires
39.23on the last day of the 24th month after the sponsor is renewed.
39.24 Sec. 47. Minnesota Statutes 2010, section 326B.865, is amended to read:
39.25326B.865 SIGN CONTRACTOR; BOND.
39.26 (a) A sign contractor may post a compliance bond with the commissioner,
39.27conditioned that the sign contractor shall faithfully perform duties and comply with laws,
39.28ordinances, rules, and contracts entered into for the installation of signs. The bond must
39.29be renewed biennially and maintained for so long as determined by the commissioner.
39.30The aggregate liability of the surety on the bond to any and all persons, regardless of the
39.31number of claims made against the bond, may not exceed the annual amount of the bond.
39.32The bond may be canceled as to future liability by the surety upon 30 days' written notice
39.33mailed to the commissioner by United States mail.
40.1 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by a
40.2local unit of government that requires sign contractors to post a compliance bond. The
40.3bond is in lieu of any compliance bond required by a local unit of government.
40.4 (c) For purposes of this section, "sign" means a device, structure, fixture, or
40.5placard using graphics, symbols, or written copy that is erected on the premises of an
40.6establishment including the name of the establishment or identifying the merchandise,
40.7services, activities, or entertainment available on the premises.
40.8(d) Each person giving bond under this section shall pay a biennial bond filing fee of
40.9$100 to the commissioner of labor and industry.
40.10EFFECTIVE DATE.This section is effective January 1, 2012.
40.11 Sec. 48. Minnesota Statutes 2010, section 326B.89, subdivision 6, is amended to read:
40.12 Subd. 6.
Verified application. To be eligible for compensation from the fund, an
40.13owner or lessee shall serve on the commissioner a verified application for compensation
40.14on a form approved by the commissioner. The application shall verify the following
40.15information:
40.16 (1) the specific grounds upon which the owner or lessee seeks to recover from
40.17the fund:
40.18 (2) that the owner or the lessee has obtained a final judgment in a court of competent
40.19jurisdiction against a licensee licensed under section
326B.83;
40.20 (3) that the final judgment was obtained against the licensee on the grounds
40.21of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
40.22performance that arose directly out of a contract directly between the licensee and the
40.23homeowner or lessee that was entered into prior to the cause of action and that occurred
40.24when the licensee was licensed and performing any of the special skills enumerated under
40.25section
326B.802, subdivision 15;
40.26 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
40.27the owner's residential real estate, on residential real estate leased by the lessee, or on new
40.28residential real estate that has never been occupied or that was occupied by the licensee
40.29for less than one year prior to purchase by the owner;
40.30 (5) that the residential real estate is located in Minnesota;
40.31 (6) that the owner or the lessee is not the spouse of the licensee or the personal
40.32representative of the licensee;
40.33 (7) the amount of the final judgment, any amount paid in satisfaction of the final
40.34judgment, and the amount owing on the final judgment as of the date of the verified
40.35application;
41.1 (8) that the owner or lessee has diligently pursued remedies against all the judgment
41.2debtors and all other persons liable to the judgment debtor in the contract for which the
41.3owner or lessee seeks recovery from the fund; and
41.4 (9) that the verified application is being served within two years after the judgment
41.5became final.
41.6 The verified application must include documents evidencing the amount of the
41.7owner's or the lessee's actual and direct out-of-pocket loss. The owner's and the lessee's
41.8actual and direct out-of-pocket loss shall not include
any attorney fees, litigation costs
41.9or fees, interest on the loss, and interest on the final judgment obtained as a result of the
41.10loss
or any costs not directly related to the value difference between what was contracted
41.11for and what was provided. Any amount paid in satisfaction of the final judgment shall
41.12be applied to the owner's or lessee's actual and direct out-of-pocket loss. An owner or
41.13lessee may serve a verified application regardless of whether the final judgment has been
41.14discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings
41.15on the judgment have either been pursued and concluded or been forgone, including all
41.16reviews and appeals. For purposes of this section, owners who are joint tenants or tenants
41.17in common are deemed to be a single owner. For purposes of this section, owners and
41.18lessees eligible for payment of compensation from the fund shall not include government
41.19agencies, political subdivisions, financial institutions, and any other entity that purchases,
41.20guarantees, or insures a loan secured by real estate.
41.21 Sec. 49. Minnesota Statutes 2010, section 326B.89, subdivision 8, is amended to read:
41.22 Subd. 8.
Administrative hearing. If an owner or a lessee timely serves a request
41.23for hearing under subdivision 7, the commissioner shall request that an administrative law
41.24judge be assigned and that a hearing be conducted under the contested case provisions of
41.25chapter 14 within 45 days after the commissioner received the request for hearing, unless
41.26the parties agree to a later date. The commissioner must notify the owner or lessee of the
41.27time and place of the hearing at least 15 days before the hearing. Upon petition of the
41.28commissioner, the administrative law judge shall continue the hearing up to 60 days and
41.29upon a showing of good cause may continue the hearing for such additional period as the
41.30administrative law judge deems appropriate.
41.31At the hearing the owner or the lessee shall have the burden of proving by substantial
41.32evidence under subdivision 6, clauses (1) to (8). Whenever an applicant's judgment
41.33is by default, stipulation, or consent, or whenever the action against the licensee was
41.34defended by a trustee in bankruptcy, the applicant shall have the burden of proving the
41.35cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or
42.1failure of performance. Otherwise, the judgment shall create a rebuttable presumption
42.2of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of
42.3performance. This presumption affects the burden of producing evidence.
42.4The administrative law judge shall issue findings of fact, conclusions of law, and
42.5order. If the administrative law judge finds that compensation should be paid to the owner
42.6or the lessee, the administrative law judge shall order the commissioner to make payment
42.7from the fund of the amount it finds to be payable pursuant to the provisions of and in
42.8accordance with the limitations contained in this section. The order of the administrative
42.9law judge shall constitute the final decision of the agency in the contested case.
The
42.10commissioner or the owner or lessee may seek judicial review of the administrative law
42.11judge's findings of fact, conclusions of law, and order
shall be in accordance with sections
42.1214.63
to
14.69.
42.13 Sec. 50. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
42.14 Subd. 1a.
Requirement; used manufactured homes. No person shall sell or
42.15offer for sale in this state any used manufactured home manufactured after June 14,
42.161976, or install for occupancy any used manufactured home manufactured after June
42.1714, 1976, unless the used manufactured home complies with the Notice of Compliance
42.18Form as provided in this subdivision. If manufactured after June 14, 1976, the home
42.19must bear a label as required by the secretary. The Notice of Compliance Form shall be
42.20signed by the seller and purchaser indicating which party is responsible for either making
42.21or paying for any necessary corrections prior to the sale and transferring ownership of
42.22the manufactured home.
42.23The Notice of Compliance Form shall be substantially in the following form:
42.24"Notice of Compliance Form as required in Minnesota Statutes,
42.25section
327.32, subdivision 1
42.26This notice must be completed and signed by the purchaser(s) and the seller(s) of the
42.27used manufactured home described in the purchase agreement and on the bottom of this
42.28notice before the parties transfer ownership of a used manufactured home constructed
42.29after June 14, 1976.
42.30Electric ranges and clothes dryers must have required four-conductor cords and plugs.
For
42.31the purpose of complying with the requirements of section 327B.06, a licensed retailer or
42.32limited retailer shall retain at least one copy of the form required under this subdivision.
42.33
|
Complies ..........
|
Correction required ..........
|
42.34
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.1Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
43.2of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
43.3with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
43.4Code of Federal Regulations, title 24, section 3280.709 (g)).
43.5
|
Complies ..........
|
Correction required ..........
|
43.6
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.7Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
43.8Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
43.9accordance with their listing or standards.
43.10
|
Complies ..........
|
Correction required ..........
|
43.11
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.12Smoke alarms are required to be installed and operational in accordance with Code of
43.13Federal Regulations, title 24, section 3280.208.
43.14
|
Complies ..........
|
Correction required ..........
|
43.15
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.16Carbon monoxide alarms or CO detectors that are approved and operational are required
43.17to be installed within ten feet of each room lawfully used for sleeping purposes.
43.18
|
Complies ..........
|
Correction required ..........
|
43.19
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.20Egress windows are required in every bedroom with at least one operable window with
43.21a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
43.22the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
43.23operating handles, tabs, or other operational devices shall not be located more than 54
43.24inches above the finished floor.
43.25
|
Complies ..........
|
Correction required ..........
|
43.26
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.27The furnace compartment of the home is required to have interior finish with a flame
43.28spread rating not exceeding 25
feet, as specified in the 1976 United States Department of
43.29Housing and Urban Development Code governing manufactured housing construction.
43.30
|
Complies ..........
|
Correction required ..........
|
43.31
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
43.32The water heater enclosure in this home is required to have interior finish with a flame
43.33spread rating not exceeding 25
feet, as specified in the 1976 United States Department of
43.34Housing and Urban Development Code governing manufactured housing construction.
44.1
|
Complies ..........
|
Correction required ..........
|
44.2
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
44.3The home complies with the snowload and heat zone requirements for the state of
44.4Minnesota as indicated by the data plate.
44.5
|
Complies ..........
|
Correction required ..........
|
44.6
|
Initialed by Responsible Party: Buyer ..........
|
Seller ..........
|
44.7The parties to this agreement have initialed all required sections and agree by their
44.8signature to complete any necessary corrections prior to the sale or transfer of ownership
44.9of the home described below as listed in the purchase agreement. The state of Minnesota
44.10or a local building official has the authority to inspect the home in the manner described in
44.11Minnesota Statutes, section
327.33, prior to or after the sale to ensure compliance was
44.12properly executed as provided under the Manufactured Home Building Code.
44.13
|
Signature of Purchaser(s) of Home
|
|
44.14
|
..............................date..............................
|
..............................date..............................
|
44.15
|
...................................................................
|
...................................................................
|
44.16
44.17
|
Print name as appears on purchase
agreement
|
Print name as appears on purchase
agreement
|
44.18
|
Signature of Seller(s) of Home
|
|
44.19
|
..............................date..............................
|
..............................date..............................
|
44.20
|
...................................................................
|
...................................................................
|
44.21
|
Print name and license number, if applicable
|
Print name and license number, if applicable
|
44.22
|
(Street address of home at time of sale)
|
|
44.23
|
................................................................................................................................
|
44.24
|
(City/State/Zip).......................................................................................................
|
44.25
|
Name of manufacturer of home............................................................................
|
44.26
|
Model and year.....................................................................................................
|
44.27
|
Serial number........................................................................................................"
|
44.28EFFECTIVE DATE.This section is effective the day following final enactment.
44.29 Sec. 51. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
44.30 Subd. 1b.
Alternative design plan. An alternative frost-free design slab
for a new
44.31or used manufactured home that is submitted to the
local building official, third-party
44.32inspector, or the department, stamped by a licensed professional engineer or architect
, and
44.33is as being in compliance with either the federal installation standards in effect at the date
44.34of manufacture
, the manufacturer's installation manual, or the Minnesota State Building
44.35Code, when applicable, shall be issued a permit
by the department within ten days
of
44.36being received by the approving authority.
45.1EFFECTIVE DATE.This section is effective the day following final enactment.
45.2 Sec. 52. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
45.3 Subd. 1e.
Reinstallation requirements for single-section used manufactured
45.4homes. (a) All
single-section used manufactured homes reinstalled less than 24 months
45.5from the date of installation by the first purchaser must be reinstalled in compliance with
45.6subdivision 1c. All
single-section used manufactured homes reinstalled more than 24
45.7months from the date of installation by the first purchaser may be reinstalled without
45.8a frost-protected foundation if the home is reinstalled in compliance with Minnesota
45.9Rules, chapter 1350, for above frost-line installations and the notice requirement of
45.10subdivision 1f is complied with by the seller and the purchaser of the
single-section used
45.11manufactured home.
45.12(b) The installer shall affix an installation seal issued by the
department permitting
45.13authority to the outside of the home as required by the Minnesota State Building Code.
45.14The certificate of installation issued by the installer of record shall clearly state that the
45.15home has been reinstalled with an above frost-line foundation. Fees for inspection of a
45.16reinstallation and for issuance of reinstallation seals shall follow the requirements of
45.17sections
326B.802 to
326B.885. Fees for review of plans, specifications, and on-site
45.18inspections shall be those as specified in section
326B.153, subdivision 1, paragraph
45.19(c). Whenever an installation certificate for an above frost-line installation is issued to a
45.20single-section used manufactured home being listed for sale, the purchase agreement must
45.21disclose that the home is installed on a nonfrost-protected foundation and recommend that
45.22the purchaser have the home inspected to determine the effects of frost on the home.
45.23EFFECTIVE DATE.This section is effective the day following final enactment.
45.24 Sec. 53. Minnesota Statutes 2010, section 327.33, subdivision 1, is amended to read:
45.25 Subdivision 1.
Inspections. The commissioner shall, through the department's
45.26inspectors or through a designated recognized inspection service acting as authorized
45.27representative of the commissioner perform sufficient inspections of manufacturing
45.28premises and manufactured homes to ensure compliance with sections
327.31 to
327.35
,
45.29except that municipalities which have adopted the State Building Code may provide
45.30inspection and plan review services in noncode areas of the state.
The commissioner shall
45.31have the exclusive right to conduct inspections, except for the inspections conducted or
45.32authorized by the secretary.
45.33EFFECTIVE DATE.This section is effective the day following final enactment.
46.1 Sec. 54. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
46.2 Subd. 2.
Fees. The commissioner shall by rule establish reasonable fees for seals,
46.3installation seals and inspections which are sufficient to cover all costs incurred in the
46.4administration of sections
327.31 to
327.35. The commissioner shall also establish by
46.5rule a monitoring inspection fee in an amount that will comply with the secretary's fee
46.6distribution program. This monitoring inspection fee shall be an amount paid by the
46.7manufacturer for each manufactured home produced in Minnesota. The monitoring
46.8inspection fee shall be paid by the manufacturer to the secretary. The rules of the
46.9fee distribution program require the secretary to distribute the fees collected from all
46.10manufactured home manufacturers among states approved and conditionally approved
46.11based on the number of new manufactured homes whose first location after leaving the
46.12manufacturer is on the premises of a distributor, dealer or purchaser in that state.
Fees
46.13for inspections in areas that have not adopted the State Building Code must be equal to
46.14the fees for inspections in code areas of the state. Third-party vendors may charge their
46.15usual and normal charge for inspections.
46.16EFFECTIVE DATE.This section is effective the day following final enactment.
46.17 Sec. 55.
REVISOR'S INSTRUCTION.
46.18The revisor of statutes shall renumber each section of Minnesota Statutes listed in
46.19column A with the number listed in column B. The revisor shall also make necessary
46.20cross-reference changes consistent with the renumbering.
46.21
|
|
Column A
|
Column B
|
46.22
|
|
326B.82, subd. 2
|
326B.091, subd. 2a
|
46.23
|
|
326B.82, subd. 3
|
326B.091, subd. 2b
|
46.24
|
|
326b.82, subd. 5
|
326B.091, subd. 2c
|
46.25
|
|
326B.82, subd. 7
|
326B.091, subd. 4a
|
46.26
|
|
326B.82, subd. 8
|
326B.091, subd. 5a
|
46.27
|
|
326B.82, subd. 9
|
326B.091, subd. 5c
|
46.28
|
|
326B.82, subd. 10
|
326B.091, subd. 7
|
46.29
|
|
326B.821, subd. 4
|
326B.0981, subd. 17
|
46.30
|
|
326B.821, subd. 5
|
326B.0981, subd. 3
|
46.31
|
|
326B.821, subd. 5a
|
326B.0981, subd. 4
|
46.32
|
|
326B.821, subd. 6
|
326B.0981, subd. 5
|
46.33
|
|
326B.821, subd. 7
|
326B.0981, subd. 6
|
46.34
|
|
326B.821, subd. 8
|
326B.099, subd. 1
|
46.35
|
|
326B.821, subd. 9
|
326B.099, subd. 2
|
46.36
|
|
326B.821, subd. 10
|
326B.099, subd. 3
|
46.37
|
|
326B.821, subd. 11
|
326B.099, subd. 4
|
47.1
|
|
326B.821, subd. 12
|
326B.0981, subd. 7
|
47.2
|
|
326B.821, subd. 13
|
326B.0981, subd. 8
|
47.3
|
|
326B.821, subd. 14
|
326B.0981, subd. 9
|
47.4
|
|
326B.821, subd. 15
|
326B.0981, subd. 10
|
47.5
|
|
326B.821, subd. 16
|
326B.0981, subd. 11
|
47.6
|
|
326B.821, subd. 17
|
326B.099, subd. 5
|
47.7
|
|
326B.821, subd. 18
|
326B.0981, subd. 12
|
47.8
|
|
326B.821, subd. 19
|
326B.0981, subd. 13
|
47.9
|
|
326B.821, subd. 20
|
326B.0981, subd. 14
|
47.10
|
|
326B.821, subd. 22
|
326B.0981, subd. 2
|
47.11
|
|
326B.821, subd. 23
|
326B.0981, subd. 15
|
47.12
|
|
326B.821, subd. 24
|
326B.0981, subd. 16
|
47.13 Sec. 56.
REPEALER.
47.14Minnesota Statutes 2010, sections 326B.82, subdivisions 4 and 6; and 326B.821,
47.15subdivision 3, are repealed.
47.16EFFECTIVE DATE.This section is effective January 1, 2012."
