THE STATE OF MINNESOTA
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2007 MN H.B. 1208

MINNESOTA 85TH REGULAR SESSION

HOUSE BILL 1208

CHAPTER 140 - H.F. NO. 1208

BILL TRACKING REPORT: 2007 Bill Tracking MN H.B. 1208

BILL TRACKING REPORT: 2007 Bill Tracking MN S.B. 998

2007 Bill Text MN H.B. 1208; same as 2007;Bill Text MN S.B. 998

VERSION: Enacted

VERSION-DATE: May 25, 2007

SYNOPSIS: AN ACT relating to state government; changing provisions for
construction codes and licensing provisions; providing penalties and
enforcement; modifying provisions relating to the limitation on certain actions;
instructing the revisor to renumber certain statutory sections; appropriating
money; providing appropriation reductions;amending Minnesota Statutes 2006,
sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61;
16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding a
subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2,
by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747;
16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision
1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041,
subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42;
183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54,
subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57,
subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01,
subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37,
subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g,
6j, 6k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244,
subdivisions 1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245;
326.248; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46;
326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1;
326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62;
326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842;
326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1;
326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975,
subdivision 1; 326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2,
3, 4, 7, 15, by adding a subdivision; 327.32, subdivision 8; 327.33,
subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, subdivisions 1, 2; 327A.01,
subdivision 2; 327B.01, subdivisions 4, 5, 7, 17, by adding subdivisions;
327B.04, subdivisions 1, 4, 6, 7, 8, by adding a subdivision; 327B.05,
subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, subdivision 6a;
462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; 541.051; proposing
coding for new law in Minnesota Statutes, chapters 326; 327B; proposing coding
for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes
2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 183.02; 183.375,
subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 183.44,
subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision 9;
183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 4, 6h, 9, 10, 11, 12, 13;
326.241; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k,
10; 326.244, subdivision 6; 326.246; 326.2461; 326.247; 326.40, subdivision 4;
326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64;
326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3,
4; 326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota
Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590;
3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1,
item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010;
5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

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

ARTICLE 1

REVISOR'S INSTRUCTION

Section 1. [A> REVISOR'S INSTRUCTION. IN MINNESOTA RULES, CHAPTERS 1300,
1301, 1305, 1306, 1307, 1309, 1311, 1315, 1346, 1350, 1360, AND 7672, THE
REVISOR OF STATUTES SHALL: <A]

[A> (1) CHANGE THE TERM "COMMISSIONER OF ADMINISTRATION" TO "COMMISSIONER OF
LABOR AND INDUSTRY"; <A]

[A> (2) CHANGE THE TERM "DEPARTMENT OF ADMINISTRATION" TO "DEPARTMENT OF
LABOR AND INDUSTRY"; <A]

[A> (3) CHANGE THE TERM "DEPARTMENT OF ADMINISTRATION'S BUILDING CODES AND
STANDARDS DIVISION" TO "DEPARTMENT OF LABOR AND INDUSTRY"; AND <A]

[A> (4) CHANGE THE TERM "DIRECTOR OF THE BUILDING CODES AND STANDARDS
DIVISION OF THE DEPARTMENT OF ADMINISTRATION" TO "INDIVIDUAL APPOINTED BY THE
COMMISSIONER OF LABOR AND INDUSTRY TO ADMINISTER THE CODE." <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

ARTICLE 2

CONSTRUCTION CODES AND LICENSING

Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is
amended to read:

Subdivision 1. [A> STATE FIRE CODE RULEMAKING <A] authority. The commissioner
of [D> public safety through the Division of Fire Marshal may promulgate <D] [A>
LABOR AND INDUSTRY, CONSISTENT WITH THE RECOMMENDATIONS OF THE STATE FIRE
MARSHAL, SHALL ADOPT <A] a State Fire Code and make amendments thereto in
accordance with the Administrative Procedure Act in chapter 14. The code and its
amendments shall conform insofar as practicable to model fire codes generally
accepted and in use throughout the United States, with consideration given to
existing statewide specialty codes presently in use in the state of Minnesota.
Statewide specialty codes and model codes with necessary modifications may be
adopted by reference in accordance with section 14.07, subdivision 4.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 2. [A> (326B.01) DEFINITIONS. <A]

[A> SUBDIVISION 1. SCOPE. THE DEFINITIONS IN THIS SECTION APPLY TO CHAPTER
326B. <A]

[A> SUBD. 2. ASME. "ASME" MEANS THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS.
<A]

[A> SUBD. 3. COMMISSIONER. "COMMISSIONER" MEANS THE COMMISSIONER OF LABOR AND
INDUSTRY OR A DULY DESIGNATED REPRESENTATIVE OF THE COMMISSIONER WHO IS EITHER
AN EMPLOYEE OF THE DEPARTMENT OF LABOR AND INDUSTRY OR A PERSON WORKING UNDER
CONTRACT WITH THE DEPARTMENT. <A]

[A> SUBD. 4. DEPARTMENT. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
INDUSTRY. <A]

[A> SUBD. 5. DAY. "DAY" MEANS CALENDAR DAY UNLESS OTHERWISE PROVIDED. <A]

[A> SUBD. 6. INDIVIDUAL. "INDIVIDUAL" MEANS A HUMAN BEING. <A]

[A> SUBD. 7. PERSON. "PERSON" MEANS ANY INDIVIDUAL, LIMITED LIABILITY
COMPANY, CORPORATION, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSOCIATION,
SOLE PROPRIETORSHIP, JOINT STOCK COMPANY, OR ANY OTHER LEGAL OR COMMERCIAL
ENTITY. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 3. [A> (326B.02) POWERS. <A]

[A> SUBDIVISION 1. TRANSFER OF RESPONSIBILITIES. THE RESPONSIBILITIES OF THE
COMMISSIONER OF ADMINISTRATION RELATING TO THE STATE BUILDING CODE, SECTIONS
16B.59 TO 16B.76; CONSTRUCTION OF LOW-COST MANUFACTURED HOME PARK STORM
SHELTERS, SECTION 327.205; MANUFACTURED HOMES, SECTIONS 327.31 TO 327.36 AND
327B.01 TO 327B.12; AND STATUTORY WARRANTIES IN CONNECTION WITH THE SALE OF
DWELLINGS AND HOME IMPROVEMENT WORK, CHAPTER 327A, ARE TRANSFERRED UNDER SECTION
15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN
THIS CHAPTER. THE RESPONSIBILITIES OF THE COMMISSIONER OF HEALTH RELATING TO THE
STATE PLUMBING CODE AND LICENSING, SECTIONS 16B.61, 144.99 TO 144.993, AND
326.37 TO 326.45, AND WATER CONDITIONING CONTRACTORS AND INSTALLERS, SECTIONS
326.57 TO 326.65, ARE TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF
LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS CHAPTER EXCEPT FOR
RESPONSIBILITIES TRANSFERRED TO THE PLUMBING BOARD AS EXPRESSLY PROVIDED IN THIS
CHAPTER. THE RESPONSIBILITIES OF THE COMMISSIONER OF COMMERCE RELATING TO
RESIDENTIAL CONTRACTORS, RESIDENTIAL REMODELERS, RESIDENTIAL ROOFERS,
MANUFACTURED HOME INSTALLERS, AND THE CONTRACTOR'S RECOVERY FUND UNDER SECTIONS
45.027 TO 45.23 AND 326.83 TO 326.992 ARE TRANSFERRED UNDER SECTION 15.039 TO
THE COMMISSIONER OF LABOR AND INDUSTRY AS AMENDED AND RECODIFIED IN THIS
CHAPTER. THE RESPONSIBILITIES OF THE BOARD OF ELECTRICITY RELATING TO THE STATE
ELECTRICAL CODE AND LICENSING, SECTIONS 16B.61 AND 326.241 TO 326.248, ARE
TRANSFERRED UNDER SECTION 15.039 TO THE COMMISSIONER OF LABOR AND INDUSTRY AS
AMENDED AND RECODIFIED IN THIS CHAPTER EXCEPT FOR RESPONSIBILITIES TRANSFERRED
TO THE BOARD OF ELECTRICITY AS EXPRESSLY PROVIDED IN THIS CHAPTER. <A]

[A> SUBD. 2. TRANSFER OF AUTHORITY. THE COMMISSIONER OF ADMINISTRATION MAY
NOT USE THE AUTHORITY UNDER SECTION 16B.37 TO MODIFY THE TRANSFERS OF AUTHORITY
TO THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD OF HIGH PRESSURE
PIPING SYSTEMS UNDER THIS CHAPTER. <A]

[A> SUBD. 3. DEFINITION OF RESPONSIBILITIES. FOR PURPOSES OF SUBDIVISION 1,
RESPONSIBILITIES INCLUDE POWERS, DUTIES, RIGHTS, OBLIGATIONS, AND OTHER
AUTHORITY IMPOSED BY LAW. <A]

[A> SUBD. 4. STATE FIRE MARSHAL COOPERATION. THE STATE FIRE MARSHAL SHALL
WORK WITH THE COMMISSIONER TO IMPROVE THE DELIVERY OF SERVICES TO THE PUBLIC
THROUGH THE COORDINATION OF SERVICES AND UTILIZATION OF TECHNOLOGY. <A]

[A> SUBD. 5. GENERAL RULEMAKING AUTHORITY. THE COMMISSIONER MAY, UNDER THE
RULEMAKING PROVISIONS OF CHAPTER 14 AND AS OTHERWISE PROVIDED BY THIS CHAPTER,
ADOPT, AMEND, SUSPEND, AND REPEAL RULES RELATING TO THE COMMISSIONER'S
RESPONSIBILITIES UNDER THIS CHAPTER, EXCEPT FOR RULES FOR WHICH THE RULEMAKING
AUTHORITY IS EXPRESSLY TRANSFERRED TO THE PLUMBING BOARD, THE BOARD OF
ELECTRICITY, OR THE BOARD OF HIGH PRESSURE PIPING SYSTEMS. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 4. [A> (326B.04) DEPOSIT OF MONEY. <A]

[A> SUBDIVISION 1. CONSTRUCTION CODE FUND. THERE IS CREATED IN THE STATE
TREASURY A CONSTRUCTION CODE FUND AS A SPECIAL REVENUE FUND FOR THE PURPOSE OF
ADMINISTERING THIS CHAPTER, SECTIONS 327.31 TO 327.36, AND CHAPTER 327B. ALL
MONEY COLLECTED UNDER THOSE SECTIONS, EXCEPT PENALTIES, IS CREDITED TO THE
CONSTRUCTION CODE FUND UNLESS OTHERWISE SPECIFICALLY DESIGNATED BY LAW. ANY
INTEREST OR PROFIT ACCRUING FROM INVESTMENT OF THESE SUMS IS CREDITED TO THE
CONSTRUCTION CODE FUND. ALL MONEY COLLECTED IN THE CONSTRUCTION CODE FUND IS
APPROPRIATED TO THE COMMISSIONER TO ADMINISTER AND ENFORCE THE PROVISIONS
IDENTIFIED IN THIS SECTION. UNLESS OTHERWISE PROVIDED BY LAW, ALL PENALTIES
ASSESSED UNDER THIS CHAPTER, SECTION 327.35, AND CHAPTER 327B ARE CREDITED TO
THE ASSIGNED RISK SAFETY ACCOUNT ESTABLISHED BY SECTION 79.253. <A]

[A> SUBD. 2. DEPOSITS. ALL REMAINING BALANCES AS OF JUNE 30, 2007, IN THE
STATE GOVERNMENT SPECIAL REVENUE FUND AND SPECIAL REVENUE FUND ACCOUNTS
MAINTAINED FOR THE BUILDING CODES AND STANDARDS DIVISION, BOARD OF ELECTRICITY,
AND PLUMBING AND ENGINEERING UNIT ARE TRANSFERRED TO THE CONSTRUCTION CODE FUND.
UNLESS OTHERWISE SPECIFICALLY DESIGNATED BY LAW: <A]

[A> (1) ALL MONEY COLLECTED UNDER CHAPTER 183 AND SECTIONS 16B.59 TO 16B.76;
144.122, PARAGRAPH (F); 181.723; 326.241 TO 326.248; 326.37 TO 326.521; 326.57
TO 326.65; 326.83 TO 326.992; 327.31 TO 327.36; AND 327B.01 TO 327B.12, EXCEPT
PENALTIES, IS CREDITED TO THE CONSTRUCTION CODE FUND; <A]

[A> (2) ALL FEES COLLECTED UNDER SECTION 45.23 IN CONNECTION WITH CONTINUING
EDUCATION FOR RESIDENTIAL CONTRACTORS, RESIDENTIAL REMODELERS, AND RESIDENTIAL
ROOFERS ARE CREDITED TO THE CONSTRUCTION CODE FUND; AND <A]

[A> (3) ALL PENALTIES ASSESSED UNDER THE SECTIONS SET FORTH IN CLAUSES (1)
AND (2) AND ALL PENALTIES ASSESSED UNDER SECTIONS 144.99 TO 144.993 IN
CONNECTION WITH ANY VIOLATION OF SECTIONS 326.37 TO 326.45 OR 326.57 TO 327.65
OR THE RULES ADOPTED UNDER THOSE SECTIONS ARE CREDITED TO THE ASSIGNED RISK
SAFETY ACCOUNT ESTABLISHED BY SECTION 79.253. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 5. [A> (326B.06) BONDS. BONDS ISSUED UNDER THIS CHAPTER ARE NOT STATE
BONDS OR CONTRACTS FOR PURPOSES OF SECTIONS 8.05 AND 16C.05, SUBDIVISION 2. <A]

Sec. 6. [A> (326B.075) COMMISSIONER NOT SUBJECT TO SUBPOENA. THE COMMISSIONER
SHALL NOT BE SUBJECT TO SUBPOENA FOR PURPOSES OF PROVIDING EXPERT TESTIMONY,
EXCEPT IN AN ENFORCEMENT PROCEEDING BROUGHT BY THE COMMISSIONER. <A]

Sec. 7. [A> APPOINTMENT AND FIRST MEETING OF BOARDS. THE GOVERNOR MUST MAKE
THE APPOINTMENTS TO THE BOARD OF ELECTRICITY, THE PLUMBING BOARD, AND THE BOARD
OF HIGH PRESSURE PIPING SYSTEMS NO LATER THAN JULY 1, 2007. THE COMMISSIONER OF
LABOR AND INDUSTRY MUST CONVENE THE FIRST MEETING OF EACH BOARD NO LATER THAN
SEPTEMBER 1, 2007. <A]

ARTICLE 3

ENFORCEMENT

Section 1. [A> (326B.081) DEFINITIONS. <A]

[A> SUBDIVISION 1. APPLICATION. FOR PURPOSES OF SECTIONS 326B.081 TO
326B.085, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN THEM. <A]

[A> SUBD. 2. ADMINISTRATIVE ORDER. "ADMINISTRATIVE ORDER" MEANS AN ORDER
ISSUED UNDER SECTION 326B.082, SUBDIVISION 7. <A]

[A> SUBD. 3. APPLICABLE LAW. "APPLICABLE LAW" MEANS THE PROVISIONS OF
SECTIONS 326B.084 TO 326B.998 AND 327.31 TO 327.36 AND CHAPTER 327B, AND ALL
RULES, ORDERS, STIPULATION AGREEMENTS, SETTLEMENTS, COMPLIANCE AGREEMENTS,
LICENSES, REGISTRATIONS, CERTIFICATES, AND PERMITS ADOPTED, ISSUED, OR ENFORCED
BY THE DEPARTMENT UNDER SECTIONS 326B.02 OR 326B.084 TO 326B.998 OR 327.31 TO
327.36 OR CHAPTER 327B. <A]

[A> SUBD. 4. DOCUMENT OR DOCUMENTS. "DOCUMENT" OR "DOCUMENTS" INCLUDES
PAPERS; BOOKS; RECORDS; MEMORANDA; DATA; CONTRACTS; DRAWINGS; GRAPHS; CHARTS;
PHOTOGRAPHS; DIGITAL, VIDEO, AND AUDIO RECORDINGS; RECORDS; ACCOUNTS; FILES;
STATEMENTS; LETTERS; E-MAILS; INVOICES; BILLS; NOTES; AND CALENDARS MAINTAINED
IN ANY FORM OR MANNER. <A]

[A> SUBD. 5. FINAL. "FINAL" WHEN USED TO DESCRIBE ANY ORDER ISSUED UNDER
SECTION 326B.082 MEANS THAT: <A]

[A> (1) NO REQUEST FOR HEARING IN CONNECTION WITH THE ORDER WAS FILED IN THE
MANNER AND WITHIN THE TIME PROVIDED BY SECTION 326B.082; <A]

[A> (2) ALL REQUESTS FOR HEARING HAVE BEEN WITHDRAWN; <A]

[A> (3) AN AGREEMENT THAT RESOLVES THE ORDER HAS BEEN SIGNED BY ALL THE
PARTIES; OR <A]

[A> (4) AFTER THE FILING OF A REQUEST FOR HEARING, AN ORDER HAS BEEN ISSUED
BY THE COMMISSIONER, THE COURT OF APPEALS, OR THE SUPREME COURT, AND ALL APPEALS
HAVE BEEN PURSUED OR FORGONE. <A]

[A> SUBD. 6. LICENSING ORDER. "LICENSING ORDER" MEANS AN ORDER ISSUED UNDER
SECTION 326B.082, SUBDIVISION 12, PARAGRAPH (A). <A]

[A> SUBD. 7. MINIMUM QUALIFICATIONS. "MINIMUM QUALIFICATIONS" MEANS THE
EDUCATIONAL, EXPERIENCE, FEE, EXAMINATION, APPLICATION, AND OTHER ELIGIBILITY
REQUIREMENTS THAT AN APPLICANT MUST MEET IN ORDER TO OBTAIN A LICENSE,
REGISTRATION, CERTIFICATE, OR PERMIT UNDER THE APPLICABLE LAW. FOR AN APPLICANT
THAT IS NOT AN INDIVIDUAL, THE MINIMUM QUALIFICATIONS INCLUDE THE REQUIREMENT
THAT AN EMPLOYEE OR OTHER INDIVIDUAL ASSOCIATED WITH THE APPLICANT HOLD A
LICENSE. <A]

[A> SUBD. 8. STOP ORDER. "STOP ORDER" MEANS AN ORDER ISSUED UNDER SECTION
326B.082, SUBDIVISION 10. <A]

Sec. 2. [A> (326B.082) ENFORCEMENT. <A]

[A> SUBDIVISION 1. REMEDIES AVAILABLE. THE COMMISSIONER MAY ENFORCE ALL
APPLICABLE LAW UNDER THIS SECTION. THE COMMISSIONER MAY USE ANY ENFORCEMENT
PROVISION IN THIS SECTION, INCLUDING THE ASSESSMENT OF MONETARY PENALTIES,
AGAINST A PERSON REQUIRED TO HAVE A LICENSE, REGISTRATION, CERTIFICATE, OR
PERMIT UNDER THE APPLICABLE LAW BASED ON CONDUCT THAT WOULD PROVIDE GROUNDS FOR
ACTION AGAINST A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR PERMIT HOLDER
UNDER THE APPLICABLE LAW. THE USE OF AN ENFORCEMENT PROVISION IN THIS SECTION
SHALL NOT PRECLUDE THE USE OF ANY OTHER ENFORCEMENT PROVISION IN THIS SECTION OR
OTHERWISE PROVIDED BY LAW. <A]

[A> SUBD. 2. ACCESS TO INFORMATION AND PROPERTY; SUBPOENAS. <A]

[A> (A) IN ORDER TO CARRY OUT THE PURPOSES OF THE APPLICABLE LAW, THE
COMMISSIONER MAY: <A]

[A> (1) ADMINISTER OATHS AND AFFIRMATIONS, CERTIFY OFFICIAL ACTS, INTERVIEW,
QUESTION, TAKE ORAL OR WRITTEN STATEMENTS, AND TAKE DEPOSITIONS; <A]

[A> (2) REQUEST, EXAMINE, TAKE POSSESSION OF, TEST, SAMPLE, MEASURE,
PHOTOGRAPH, RECORD, AND COPY ANY DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR
MATERIALS; <A]

[A> (3) AT A TIME AND PLACE INDICATED BY THE COMMISSIONER, REQUEST PERSONS TO
APPEAR BEFORE THE COMMISSIONER TO GIVE TESTIMONY AND PRODUCE DOCUMENTS,
APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS; <A]

[A> (4) ISSUE SUBPOENAS TO COMPEL PERSONS TO APPEAR BEFORE THE COMMISSIONER
TO GIVE TESTIMONY AND PRODUCE DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR
MATERIALS; AND <A]

[A> (5) WITH OR WITHOUT NOTICE, ENTER WITHOUT DELAY UPON ANY PROPERTY, PUBLIC
OR PRIVATE, FOR THE PURPOSE OF TAKING ANY ACTION AUTHORIZED UNDER THIS
SUBDIVISION OR THE APPLICABLE LAW, INCLUDING OBTAINING INFORMATION, REMEDYING
VIOLATIONS, OR CONDUCTING SURVEYS, INSPECTIONS, OR INVESTIGATIONS. <A]

[A> (B) PERSONS REQUESTED BY THE COMMISSIONER TO GIVE TESTIMONY OR PRODUCE
DOCUMENTS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS SHALL RESPOND WITHIN THE
TIME AND IN THE MANNER SPECIFIED BY THE COMMISSIONER. IF NO TIME TO RESPOND IS
SPECIFIED IN THE REQUEST, THEN A RESPONSE SHALL BE SUBMITTED WITHIN 30 DAYS OF
THE COMMISSIONER'S SERVICE OF THE REQUEST. <A]

[A> (C) UPON THE REFUSAL OR ANTICIPATED REFUSAL OF A PROPERTY OWNER, LESSEE,
PROPERTY OWNER'S REPRESENTATIVE, OR LESSEE'S REPRESENTATIVE TO PERMIT THE
COMMISSIONER'S ENTRY ONTO PROPERTY AS PROVIDED IN PARAGRAPH (A), THE
COMMISSIONER MAY APPLY FOR AN ADMINISTRATIVE INSPECTION ORDER IN THE RAMSEY
COUNTY DISTRICT COURT OR, AT THE COMMISSIONER'S DISCRETION, IN THE DISTRICT
COURT IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED. THE COMMISSIONER MAY
ANTICIPATE THAT A PROPERTY OWNER OR LESSEE WILL REFUSE ENTRY IF THE PROPERTY
OWNER, LESSEE, PROPERTY OWNER'S REPRESENTATIVE, OR LESSEE'S REPRESENTATIVE HAS
REFUSED TO PERMIT ENTRY ON A PRIOR OCCASION OR HAS INFORMED THE COMMISSIONER
THAT ENTRY WILL BE REFUSED. UPON SHOWING OF ADMINISTRATIVE PROBABLE CAUSE BY THE
COMMISSIONER, THE DISTRICT COURT SHALL ISSUE AN ADMINISTRATIVE INSPECTION ORDER
THAT COMPELS THE PROPERTY OWNER OR LESSEE TO PERMIT THE COMMISSIONER TO ENTER
THE PROPERTY FOR THE PURPOSES SPECIFIED IN PARAGRAPH (A). <A]

[A> (D) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL
TREAT THE FAILURE OF ANY PERSON TO OBEY A SUBPOENA LAWFULLY ISSUED BY THE
COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT. <A]

[A> SUBD. 3. SERVICE. UNLESS OTHERWISE SPECIFIED, SERVICE OF A DOCUMENT ON A
PERSON UNDER THIS SECTION OR SECTION 326B.083 MAY BE BY MAIL, BY PERSONAL
SERVICE, OR IN ACCORDANCE WITH ANY CONSENT TO SERVICE FILED WITH THE
COMMISSIONER. SERVICE BY MAIL SHALL BE ACCOMPLISHED IN THE MANNER PROVIDED IN
MINNESOTA RULES, PART 1400.5550, SUBPART 2. PERSONAL SERVICE SHALL BE
ACCOMPLISHED IN THE MANNER PROVIDED IN MINNESOTA RULES, PART 1400.5550, SUBPART
3. <A]

[A> SUBD. 4. FAX TRANSMISSION. WHEN THIS SECTION OR SECTION 326B.083 PERMITS
A REQUEST FOR RECONSIDERATION OR REQUEST FOR HEARING TO BE SERVED BY FAX ON THE
COMMISSIONER, THE FAX SHALL NOT EXCEED 15 PAGES IN LENGTH. THE REQUEST SHALL BE
CONSIDERED TIMELY SERVED IF THE FAX IS RECEIVED BY THE COMMISSIONER, AT THE FAX
NUMBER IDENTIFIED BY THE COMMISSIONER IN THE ORDER OR NOTICE OF VIOLATION, NO
LATER THAN 4:30 P.M. CENTRAL TIME ON THE LAST DAY PERMITTED FOR FAXING THE
REQUEST. WHERE THE QUALITY OR AUTHENTICITY OF THE FAXED REQUEST IS AT ISSUE, THE
COMMISSIONER MAY REQUIRE THE ORIGINAL REQUEST TO BE FILED. WHERE THE
COMMISSIONER HAS NOT IDENTIFIED QUALITY OR AUTHENTICITY OF THE FAXED REQUEST AS
AN ISSUE AND THE REQUEST HAS BEEN FAXED IN ACCORDANCE WITH THIS SUBDIVISION, THE
PERSON FAXING THE REQUEST DOES NOT NEED TO FILE THE ORIGINAL REQUEST WITH THE
COMMISSIONER. <A]

[A> SUBD. 5. TIME COMPUTATION. IN COMPUTING ANY PERIOD OF TIME PRESCRIBED OR
ALLOWED BY THIS SECTION, THE DAY OF THE ACT, EVENT, OR DEFAULT FROM WHICH THE
DESIGNATED PERIOD OF TIME BEGINS TO RUN SHALL NOT BE INCLUDED. THE LAST DAY OF
THE PERIOD SO COMPUTED SHALL BE INCLUDED, UNLESS IT IS A SATURDAY, SUNDAY, OR
LEGAL HOLIDAY, IN WHICH EVENT THE PERIOD RUNS UNTIL THE NEXT DAY WHICH IS NOT A
SATURDAY, SUNDAY, OR LEGAL HOLIDAY. <A]

[A> SUBD. 6. NOTICES OF VIOLATION. <A]

[A> (A) THE COMMISSIONER MAY ISSUE A NOTICE OF VIOLATION TO ANY PERSON WHO
THE COMMISSIONER DETERMINES HAS COMMITTED A VIOLATION OF THE APPLICABLE LAW. THE
NOTICE OF VIOLATION MUST STATE A SUMMARY OF THE FACTS THAT CONSTITUTE THE
VIOLATION AND THE APPLICABLE LAW VIOLATED. THE NOTICE OF VIOLATION MAY REQUIRE
THE PERSON TO CORRECT THE VIOLATION. IF CORRECTION IS REQUIRED, THE NOTICE OF
VIOLATION MUST STATE THE DEADLINE BY WHICH THE VIOLATION MUST BE CORRECTED. <A]

[A> (B) THE COMMISSIONER SHALL ISSUE THE NOTICE OF VIOLATION BY: <A]

[A> (1) SERVING THE NOTICE OF VIOLATION ON THE PROPERTY OWNER OR ON THE
PERSON WHO COMMITTED THE VIOLATION; OR <A]

[A> (2) POSTING THE NOTICE OF VIOLATION AT THE LOCATION WHERE THE VIOLATION
OCCURRED. <A]

[A> (C) IF THE PERSON TO WHOM THE COMMISSIONER HAS ISSUED THE NOTICE OF
VIOLATION BELIEVES THE NOTICE WAS ISSUED IN ERROR, THEN THE PERSON MAY REQUEST
RECONSIDERATION OF THE PARTS OF THE NOTICE THAT THE PERSON BELIEVES ARE IN
ERROR. THE REQUEST FOR RECONSIDERATION MUST BE IN WRITING AND MUST BE SERVED ON
OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED IN THE
NOTICE OF VIOLATION BY THE TENTH DAY AFTER THE COMMISSIONER ISSUED THE NOTICE OF
VIOLATION. THE DATE ON WHICH A REQUEST FOR RECONSIDERATION IS SERVED BY MAIL
SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR
RECONSIDERATION IS MAILED. IF THE PERSON DOES NOT SERVE OR FAX A WRITTEN REQUEST
FOR RECONSIDERATION OR IF THE PERSON'S WRITTEN REQUEST FOR RECONSIDERATION IS
NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE TENTH DAY AFTER THE
COMMISSIONER ISSUED THE NOTICE OF VIOLATION, THE NOTICE OF VIOLATION SHALL
BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY
ANY COURT OR AGENCY. THE REQUEST FOR RECONSIDERATION MUST: <A]

[A> (1) SPECIFY WHICH PARTS OF THE NOTICE OF VIOLATION THE PERSON BELIEVES
ARE IN ERROR; <A]

[A> (2) EXPLAIN WHY THE PERSON BELIEVES THE PARTS ARE IN ERROR; AND <A]

[A> (3) PROVIDE DOCUMENTATION TO SUPPORT THE REQUEST FOR RECONSIDERATION. THE
COMMISSIONER SHALL RESPOND IN WRITING TO REQUESTS FOR RECONSIDERATION MADE UNDER
THIS PARAGRAPH WITHIN 15 DAYS AFTER RECEIVING THE REQUEST. A REQUEST FOR
RECONSIDERATION DOES NOT STAY A REQUIREMENT TO CORRECT A VIOLATION AS SET FORTH
IN THE NOTICE OF VIOLATION. AFTER REVIEWING THE REQUEST FOR RECONSIDERATION, THE
COMMISSIONER MAY AFFIRM, MODIFY, OR RESCIND THE NOTICE OF VIOLATION. THE
COMMISSIONER'S RESPONSE TO A REQUEST FOR RECONSIDERATION IS FINAL AND SHALL NOT
BE REVIEWED BY ANY COURT OR AGENCY. <A]

[A> SUBD. 7. ADMINISTRATIVE ORDERS; CORRECTION; ASSESSMENT OF MONETARY
PENALTIES. <A]

[A> (A) THE COMMISSIONER MAY ISSUE AN ADMINISTRATIVE ORDER TO ANY PERSON WHO
THE COMMISSIONER DETERMINES HAS COMMITTED A VIOLATION OF THE APPLICABLE LAW. THE
COMMISSIONER SHALL ISSUE THE ADMINISTRATIVE ORDER BY SERVING THE ADMINISTRATIVE
ORDER ON THE PERSON. THE ADMINISTRATIVE ORDER MAY REQUIRE THE PERSON TO CORRECT
THE VIOLATION, MAY REQUIRE THE PERSON TO CEASE AND DESIST FROM COMMITTING THE
VIOLATION, AND MAY ASSESS MONETARY PENALTIES. THE COMMISSIONER SHALL FOLLOW THE
PROCEDURES IN SECTION 326B.083 WHEN ISSUING ADMINISTRATIVE ORDERS. EXCEPT AS
PROVIDED IN PARAGRAPH (B), THE COMMISSIONER MAY ISSUE TO EACH PERSON A MONETARY
PENALTY OF UP TO $ 10,000 FOR EACH VIOLATION OF APPLICABLE LAW COMMITTED BY THE
PERSON. THE COMMISSIONER MAY ORDER THAT PART OR ALL OF THE MONETARY PENALTY WILL
BE FORGIVEN IF THE PERSON TO WHOM THE ORDER IS ISSUED DEMONSTRATES TO THE
COMMISSIONER BY THE 31ST DAY AFTER THE ORDER IS ISSUED THAT THE PERSON HAS
CORRECTED THE VIOLATION OR HAS DEVELOPED A CORRECTION PLAN ACCEPTABLE TO THE
COMMISSIONER. <A]

[A> (B) THE COMMISSIONER MAY ISSUE AN ADMINISTRATIVE ORDER FOR FAILURE TO
CORRECT A VIOLATION BY THE DEADLINE STATED IN A FINAL ADMINISTRATIVE ORDER
ISSUED UNDER PARAGRAPH (A). EACH DAY AFTER THE DEADLINE DURING WHICH THE
VIOLATION REMAINS UNCORRECTED IS A SEPARATE VIOLATION FOR PURPOSES OF
CALCULATING THE MAXIMUM MONETARY PENALTY AMOUNT. <A]

[A> (C) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL FIND
THE FAILURE OF ANY PERSON TO CORRECT A VIOLATION AS REQUIRED BY A FINAL
ADMINISTRATIVE ORDER ISSUED BY THE COMMISSIONER UNDER THIS SUBDIVISION AS A
CONTEMPT OF COURT. <A]

[A> SUBD. 8. HEARINGS RELATED TO ADMINISTRATIVE ORDERS. <A]

[A> (A) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES AN ADMINISTRATIVE ORDER
OR WITHIN 20 DAYS AFTER THE COMMISSIONER ISSUES THE NOTICE UNDER SECTION
326B.083, SUBDIVISION 3, PARAGRAPH (B), CLAUSE (3), THE PERSON TO WHOM THE
ADMINISTRATIVE ORDER OR NOTICE IS ISSUED MAY REQUEST AN EXPEDITED HEARING TO
REVIEW THE COMMISSIONER'S ORDER OR NOTICE. THE REQUEST FOR HEARING MUST BE IN
WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX
NUMBER SPECIFIED IN THE ORDER OR NOTICE. IF THE PERSON DOES NOT REQUEST A
HEARING OR IF THE PERSON'S WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED
TO THE COMMISSIONER BY THE 30TH DAY AFTER THE COMMISSIONER ISSUES THE
ADMINISTRATIVE ORDER OR THE 20TH DAY AFTER THE COMMISSIONER ISSUES THE NOTICE
UNDER SECTION 326B.083, SUBDIVISION 3, PARAGRAPH (B), CLAUSE (3), THE ORDER WILL
BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY
ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL
SHALL BE THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS
MAILED. THE HEARING REQUEST MUST SPECIFICALLY STATE THE REASONS FOR SEEKING
REVIEW OF THE ORDER OR NOTICE. THE PERSON TO WHOM THE ORDER OR NOTICE IS ISSUED
AND THE COMMISSIONER ARE THE PARTIES TO THE EXPEDITED HEARING. THE COMMISSIONER
MUST NOTIFY THE PERSON TO WHOM THE ORDER OR NOTICE IS ISSUED OF THE TIME AND
PLACE OF THE HEARING AT LEAST 15 DAYS BEFORE THE HEARING. THE EXPEDITED HEARING
MUST BE HELD WITHIN 45 DAYS AFTER A REQUEST FOR HEARING HAS BEEN SERVED ON THE
COMMISSIONER UNLESS THE PARTIES AGREE TO A LATER DATE. <A]

[A> (B) ALL WRITTEN ARGUMENTS MUST BE SUBMITTED WITHIN TEN DAYS FOLLOWING THE
CLOSE OF THE HEARING. THE HEARING SHALL BE CONDUCTED UNDER MINNESOTA RULES,
PARTS 1400.8510 TO 1400.8612, AS MODIFIED BY THIS SUBDIVISION. THE OFFICE OF
ADMINISTRATIVE HEARINGS MAY, IN CONSULTATION WITH THE AGENCY, ADOPT RULES
SPECIFICALLY APPLICABLE TO CASES UNDER THIS SECTION. <A]

[A> (C) THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A REPORT MAKING FINDINGS OF
FACT, CONCLUSIONS OF LAW, AND A RECOMMENDED ORDER TO THE COMMISSIONER WITHIN 30
DAYS FOLLOWING THE CLOSE OF THE RECORD. <A]

[A> (D) IF THE ADMINISTRATIVE LAW JUDGE MAKES A FINDING THAT THE HEARING WAS
REQUESTED SOLELY FOR PURPOSES OF DELAY OR THAT THE HEARING REQUEST WAS
FRIVOLOUS, THE COMMISSIONER MAY ADD TO THE AMOUNT OF THE PENALTY THE COSTS
CHARGED TO THE DEPARTMENT BY THE OFFICE OF ADMINISTRATIVE HEARINGS FOR THE
HEARING. <A]

[A> (E) IF A HEARING HAS BEEN HELD, THE COMMISSIONER SHALL NOT ISSUE A FINAL
ORDER UNTIL AT LEAST FIVE DAYS AFTER THE DATE OF THE ADMINISTRATIVE LAW JUDGE'S
REPORT. ANY PERSON AGGRIEVED BY THE ADMINISTRATIVE LAW JUDGE'S REPORT MAY,
WITHIN THOSE FIVE DAYS, SERVE WRITTEN COMMENTS TO THE COMMISSIONER ON THE REPORT
AND THE COMMISSIONER SHALL CONSIDER THE COMMENTS. THE COMMISSIONER'S FINAL ORDER
MAY BE APPEALED IN THE MANNER PROVIDED IN SECTIONS 14.63 TO 14.69. <A]

[A> SUBD. 9. INJUNCTIVE RELIEF. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY
LAW, THE COMMISSIONER MAY BRING AN ACTION FOR INJUNCTIVE RELIEF IN THE RAMSEY
COUNTY DISTRICT COURT OR, AT THE COMMISSIONER'S DISCRETION, IN THE DISTRICT
COURT IN THE COUNTY IN WHICH THE COMMISSIONER HAS DETERMINED A VIOLATION OF THE
APPLICABLE LAW HAS OCCURRED OR IS ABOUT TO OCCUR TO ENJOIN THE VIOLATION. A
TEMPORARY RESTRAINING ORDER AND OTHER INJUNCTIVE RELIEF SHALL BE GRANTED BY THE
DISTRICT COURT IF THE COURT DETERMINES THAT A PERSON HAS ENGAGED IN OR IS ABOUT
TO ENGAGE IN AN ACT, CONDUCT, OR PRACTICE CONSTITUTING A VIOLATION OF THE
APPLICABLE LAW. THE COMMISSIONER SHALL NOT BE REQUIRED TO SHOW IRREPARABLE HARM.
<A]

[A> SUBD. 10. STOP ORDERS. <A]

[A> (A) IF THE COMMISSIONER DETERMINES BASED ON AN INSPECTION OR
INVESTIGATION THAT A PERSON HAS VIOLATED OR IS ABOUT TO VIOLATE THE APPLICABLE
LAW, THE COMMISSIONER MAY ISSUE TO THE PERSON A STOP ORDER REQUIRING THE PERSON
TO CEASE AND DESIST FROM COMMITTING THE VIOLATION. <A]

[A> (B) IF THE COMMISSIONER DETERMINES THAT A CONDITION EXISTS ON REAL
PROPERTY THAT VIOLATES THE APPLICABLE LAW, THE COMMISSIONER MAY ISSUE A STOP
ORDER TO THE OWNER OR LESSEE OF THE REAL PROPERTY TO CEASE AND DESIST FROM
COMMITTING THE VIOLATION AND TO CORRECT THE CONDITION THAT IS IN VIOLATION. <A]

[A> (C) THE COMMISSIONER SHALL ISSUE THE STOP WORK ORDER BY: <A]

[A> (1) SERVING THE ORDER ON THE PERSON WHO HAS COMMITTED OR IS ABOUT TO
COMMIT THE VIOLATION; <A]

[A> (2) POSTING THE ORDER AT THE LOCATION WHERE THE VIOLATION WAS COMMITTED
OR IS ABOUT TO BE COMMITTED OR AT THE LOCATION WHERE THE VIOLATING CONDITION
EXISTS; OR <A]

[A> (3) SERVING THE ORDER ON ANY OWNER OR LESSEE OF THE REAL PROPERTY WHERE
THE VIOLATING CONDITION EXISTS. <A]

[A> (D) A STOP ORDER SHALL: <A]

[A> (1) DESCRIBE THE ACT, CONDUCT, OR PRACTICE COMMITTED OR ABOUT TO BE
COMMITTED, OR THE CONDITION, AND INCLUDE A REFERENCE TO THE APPLICABLE LAW THAT
THE ACT, CONDUCT, PRACTICE, OR CONDITION VIOLATES OR WOULD VIOLATE; AND <A]

[A> (2) PROVIDE NOTICE THAT ANY PERSON AGGRIEVED BY THE STOP ORDER MAY
REQUEST A HEARING AS PROVIDED IN PARAGRAPH (E). <A]

[A> (E) WITHIN 30 DAYS AFTER THE COMMISSIONER ISSUES A STOP ORDER, ANY PERSON
AGGRIEVED BY THE ORDER MAY REQUEST AN EXPEDITED HEARING TO REVIEW THE
COMMISSIONER'S ACTION. THE REQUEST FOR HEARING MUST BE MADE IN WRITING AND MUST
BE SERVED ON OR FAXED TO THE COMMISSIONER AT THE ADDRESS OR FAX NUMBER SPECIFIED
IN THE ORDER. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S
WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER ON OR
BEFORE THE 30TH DAY AFTER THE COMMISSIONER ISSUED THE STOP ORDER, THE ORDER WILL
BECOME A FINAL ORDER OF THE COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY
ANY COURT OR AGENCY. THE DATE ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL
IS THE POSTMARK DATE ON THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED.
THE HEARING REQUEST MUST SPECIFICALLY STATE THE REASONS FOR SEEKING REVIEW OF
THE ORDER. THE PERSON WHO REQUESTED THE HEARING AND THE COMMISSIONER ARE THE
PARTIES TO THE EXPEDITED HEARING. THE HEARING SHALL BE COMMENCED WITHIN TEN DAYS
AFTER THE COMMISSIONER RECEIVES THE REQUEST FOR HEARING. THE HEARING SHALL BE
CONDUCTED UNDER MINNESOTA RULES, PARTS 1400.8510 TO 1400.8612, AS MODIFIED BY
THIS SUBDIVISION. THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A REPORT CONTAINING
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND A RECOMMENDED ORDER WITHIN TEN DAYS
AFTER THE CONCLUSION OF THE HEARING. ANY PARTY AGGRIEVED BY THE ADMINISTRATIVE
LAW JUDGE'S REPORT SHALL HAVE FIVE DAYS AFTER THE DATE OF THE ADMINISTRATIVE LAW
JUDGE'S REPORT TO SUBMIT EXCEPTIONS AND ARGUMENT TO THE COMMISSIONER. WITHIN 15
DAYS AFTER RECEIVING THE ADMINISTRATIVE LAW JUDGE'S REPORT, THE COMMISSIONER
SHALL ISSUE AN ORDER VACATING, MODIFYING, OR MAKING PERMANENT THE STOP ORDER.
THE COMMISSIONER AND THE PERSON REQUESTING THE HEARING MAY BY AGREEMENT LENGTHEN
ANY TIME PERIODS DESCRIBED IN THIS PARAGRAPH. THE OFFICE OF ADMINISTRATIVE
HEARINGS MAY, IN CONSULTATION WITH THE AGENCY, ADOPT RULES SPECIFICALLY
APPLICABLE TO CASES UNDER THIS SUBDIVISION. <A]

[A> (F) A STOP ORDER ISSUED UNDER THIS SUBDIVISION SHALL BE IN EFFECT UNTIL
IT IS MODIFIED OR VACATED BY THE COMMISSIONER OR AN APPELLATE COURT. THE
ADMINISTRATIVE HEARING PROVIDED BY THIS SUBDIVISION AND ANY APPELLATE JUDICIAL
REVIEW AS PROVIDED IN CHAPTER 14 SHALL CONSTITUTE THE EXCLUSIVE REMEDY FOR ANY
PERSON AGGRIEVED BY A STOP ORDER. <A]

[A> (G) UPON THE APPLICATION OF THE COMMISSIONER, A DISTRICT COURT SHALL FIND
THE FAILURE OF ANY PERSON TO COMPLY WITH A FINAL STOP ORDER LAWFULLY ISSUED BY
THE COMMISSIONER UNDER THIS SUBDIVISION AS A CONTEMPT OF COURT. <A]

[A> SUBD. 11. LICENSING ORDERS; GROUNDS; REAPPLICATION. <A]

[A> (A) THE COMMISSIONER MAY DENY AN APPLICATION FOR A PERMIT, LICENSE,
REGISTRATION, OR CERTIFICATE IF THE APPLICANT DOES NOT MEET OR FAILS TO MAINTAIN
THE MINIMUM QUALIFICATIONS FOR HOLDING THE PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE, OR HAS ANY UNRESOLVED VIOLATIONS OR UNPAID FEES OR MONETARY
PENALTIES RELATED TO THE ACTIVITY FOR WHICH THE PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE HAS BEEN APPLIED FOR OR WAS ISSUED. <A]

[A> (B) THE COMMISSIONER MAY DENY, SUSPEND, LIMIT, PLACE CONDITIONS ON, OR
REVOKE A PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, OR CENSURE THE
PERSON HOLDING THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE, IF THE
COMMISSIONER FINDS THAT THE PERSON: <A]

[A> (1) COMMITTED ONE OR MORE VIOLATIONS OF THE APPLICABLE LAW; <A]

[A> (2) SUBMITTED FALSE OR MISLEADING INFORMATION TO THE STATE IN CONNECTION
WITH ACTIVITIES FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS
ISSUED, OR IN CONNECTION WITH THE APPLICATION FOR THE PERMIT, LICENSE,
REGISTRATION, OR CERTIFICATE; <A]

[A> (3) ALLOWED THE ALTERATION OR USE OF THE PERSON'S OWN PERMIT, LICENSE,
REGISTRATION, OR CERTIFICATE BY ANOTHER PERSON; <A]

[A> (4) WITHIN THE PREVIOUS FIVE YEARS, WAS CONVICTED OF A CRIME IN
CONNECTION WITH ACTIVITIES FOR WHICH THE PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE WAS ISSUED; <A]

[A> (5) VIOLATED A FINAL ADMINISTRATIVE ORDER ISSUED UNDER SUBDIVISION 7 OR A
FINAL STOP ORDER ISSUED UNDER SUBDIVISION 10, OR INJUNCTIVE RELIEF ISSUED UNDER
SUBDIVISION 9; <A]

[A> (6) FAILED TO COOPERATE WITH A COMMISSIONER'S REQUEST TO GIVE TESTIMONY,
TO PRODUCE DOCUMENTS, THINGS, APPARATUS, DEVICES, EQUIPMENT, OR MATERIALS, OR TO
ACCESS PROPERTY UNDER SUBDIVISION 2; <A]

[A> (7) RETALIATED IN ANY MANNER AGAINST ANY EMPLOYEE OR PERSON WHO IS
QUESTIONED BY, COOPERATES WITH, OR PROVIDES INFORMATION TO THE COMMISSIONER OR
AN EMPLOYEE OR AGENT AUTHORIZED BY THE COMMISSIONER WHO SEEKS ACCESS TO PROPERTY
OR THINGS UNDER SUBDIVISION 2; <A]

[A> (8) ENGAGED IN ANY FRAUDULENT, DECEPTIVE, OR DISHONEST ACT OR PRACTICE;
OR <A]

[A> (9) PERFORMED WORK IN CONNECTION WITH THE PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE OR CONDUCTED THE PERSON'S AFFAIRS IN A MANNER THAT DEMONSTRATES
INCOMPETENCE, UNTRUSTWORTHINESS, OR FINANCIAL IRRESPONSIBILITY. <A]

[A> (C) IF THE COMMISSIONER REVOKES A PERSON'S PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE UNDER PARAGRAPH (B), THE PERSON IS PROHIBITED FROM REAPPLYING FOR
THE SAME TYPE OF PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE FOR AT LEAST TWO
YEARS AFTER THE EFFECTIVE DATE OF THE REVOCATION. THE COMMISSIONER MAY, AS A
CONDITION OF REAPPLICATION, REQUIRE THE PERSON TO OBTAIN A BOND OR COMPLY WITH
ADDITIONAL REASONABLE CONDITIONS THE COMMISSIONER CONSIDERS NECESSARY TO PROTECT
THE PUBLIC. <A]

[A> (D) IF A PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE EXPIRES, OR IS
SURRENDERED, WITHDRAWN, OR TERMINATED, OR OTHERWISE BECOMES INEFFECTIVE, THE
COMMISSIONER MAY INSTITUTE A PROCEEDING UNDER THIS SUBDIVISION WITHIN TWO YEARS
AFTER THE PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE WAS LAST EFFECTIVE AND
ENTER A REVOCATION OR SUSPENSION ORDER AS OF THE LAST DATE ON WHICH THE PERMIT,
LICENSE, REGISTRATION, OR CERTIFICATE WAS IN EFFECT. <A]

[A> SUBD. 12. ISSUANCE OF LICENSING ORDERS; HEARINGS RELATED TO LICENSING
ORDERS. <A]

[A> (A) IF THE COMMISSIONER DETERMINES THAT A PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE SHOULD BE CONDITIONED, LIMITED, SUSPENDED, REVOKED, OR DENIED
UNDER SUBDIVISION 11, OR THAT THE PERMIT HOLDER, LICENSEE, REGISTRANT, OR
CERTIFICATE HOLDER SHOULD BE CENSURED UNDER SUBDIVISION 11, THEN THE
COMMISSIONER SHALL ISSUE TO THE PERSON AN ORDER DENYING, CONDITIONING, LIMITING,
SUSPENDING, OR REVOKING THE PERSON'S PERMIT, LICENSE, REGISTRATION, OR
CERTIFICATE, OR CENSURING THE PERMIT HOLDER, LICENSEE, REGISTRANT, OR
CERTIFICATE HOLDER. <A]

[A> (B) ANY ORDER ISSUED UNDER PARAGRAPH (A) MAY INCLUDE AN ASSESSMENT OF
MONETARY PENALTIES AND MAY REQUIRE THE PERSON TO CEASE AND DESIST FROM
COMMITTING THE VIOLATION OR COMMITTING THE ACT, CONDUCT, OR PRACTICE SET OUT IN
SUBDIVISION 11, PARAGRAPH (B). THE MONETARY PENALTY MAY BE UP TO $ 10,000 FOR
EACH VIOLATION OR ACT, CONDUCT, OR PRACTICE COMMITTED BY THE PERSON. THE
PROCEDURES IN SECTION 326B.083 MUST BE FOLLOWED WHEN ISSUING ORDERS UNDER
PARAGRAPH (A). <A]

[A> (C) THE PERMIT HOLDER, LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR
APPLICANT TO WHOM THE COMMISSIONER ISSUES AN ORDER UNDER PARAGRAPH (A) SHALL
HAVE 30 DAYS AFTER SERVICE OF THE ORDER TO REQUEST A HEARING. THE REQUEST FOR
HEARING MUST BE IN WRITING AND MUST BE SERVED ON OR FAXED TO THE COMMISSIONER AT
THE ADDRESS OR FAX NUMBER SPECIFIED IN THE ORDER BY THE 30TH DAY AFTER SERVICE
OF THE ORDER. IF THE PERSON DOES NOT REQUEST A HEARING OR IF THE PERSON'S
WRITTEN REQUEST FOR HEARING IS NOT SERVED ON OR FAXED TO THE COMMISSIONER BY THE
30TH DAY AFTER SERVICE OF THE ORDER, THE ORDER SHALL BECOME A FINAL ORDER OF THE
COMMISSIONER AND WILL NOT BE SUBJECT TO REVIEW BY ANY COURT OR AGENCY. THE DATE
ON WHICH A REQUEST FOR HEARING IS SERVED BY MAIL SHALL BE THE POSTMARK DATE ON
THE ENVELOPE IN WHICH THE REQUEST FOR HEARING IS MAILED. IF THE PERSON SUBMITS
TO THE COMMISSIONER A TIMELY REQUEST FOR HEARING, A CONTESTED CASE HEARING SHALL
BE HELD IN ACCORDANCE WITH CHAPTER 14. <A]

[A> (D) PARAGRAPH (C) DOES NOT APPLY TO SUMMARY SUSPENSION UNDER SUBDIVISION
13. <A]

[A> SUBD. 13. SUMMARY SUSPENSION. IN ANY CASE WHERE THE COMMISSIONER HAS
ISSUED AN ORDER TO REVOKE OR SUSPEND A LICENSE, REGISTRATION, CERTIFICATE, OR
PERMIT UNDER SUBDIVISION 12, THE COMMISSIONER MAY SUMMARILY SUSPEND THE PERSON'S
PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE BEFORE THE ORDER BECOMES FINAL.
THE COMMISSIONER SHALL ISSUE A SUMMARY SUSPENSION ORDER WHEN THE SAFETY OF LIFE
OR PROPERTY IS THREATENED OR TO PREVENT THE COMMISSION OF FRAUDULENT, DECEPTIVE,
UNTRUSTWORTHY, OR DISHONEST ACTS AGAINST THE PUBLIC. THE SUMMARY SUSPENSION
SHALL NOT AFFECT THE DEADLINE FOR SUBMITTING A REQUEST FOR HEARING UNDER
SUBDIVISION 12. IF THE COMMISSIONER SUMMARILY SUSPENDS A PERSON'S PERMIT,
LICENSE, REGISTRATION, OR CERTIFICATE, A TIMELY REQUEST FOR HEARING SUBMITTED
UNDER SUBDIVISION 12 SHALL ALSO BE CONSIDERED A TIMELY REQUEST FOR HEARING ON
CONTINUATION OF THE SUMMARY SUSPENSION. IF THE COMMISSIONER SUMMARILY SUSPENDS A
PERSON'S PERMIT, LICENSE, REGISTRATION, OR CERTIFICATE UNDER THIS SUBDIVISION
AND THE PERSON SUBMITS A TIMELY REQUEST FOR A HEARING, THEN A HEARING ON
CONTINUATION OF THE SUMMARY SUSPENSION MUST BE HELD WITHIN TEN DAYS AFTER THE
COMMISSIONER RECEIVES THE REQUEST FOR HEARING UNLESS THE PARTIES AGREE TO A
LATER DATE. <A]

[A> SUBD. 14. PLAN FOR ASSESSING PENALTIES. THE COMMISSIONER MAY PREPARE A
PLAN FOR ASSESSING PENALTIES IN ORDERS ISSUED UNDER SUBDIVISION 7 OR 12. THE
COMMISSIONER SHALL PROVIDE A 30-DAY PERIOD FOR PUBLIC COMMENT ON ANY SUCH PLAN.
PENALTIES ASSESSED BY THE COMMISSIONER IN ACCORDANCE WITH THE PLAN SHALL BE
PRESUMED REASONABLE. <A]

[A> SUBD. 15. EFFECT ON OTHER LAWS. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT THE APPLICATION OF OTHER STATE OR FEDERAL LAWS, INCLUDING
SPECIFICALLY BUT NOT EXCLUSIVELY SECTION 270C.72, THAT REQUIRE SUSPENSION OF,
REVOCATION OF, DENIAL OF, OR REFUSAL TO RENEW A PERMIT, LICENSE, REGISTRATION,
OR CERTIFICATE ISSUED BY THE COMMISSIONER. <A]

[A> SUBD. 16. MISDEMEANOR PENALTIES. EXCEPT AS OTHERWISE PROVIDED BY LAW, A
PERSON WHO VIOLATES AN APPLICABLE LAW IS GUILTY OF A MISDEMEANOR. <A]

[A> SUBD. 17. REVOCATION AND SUSPENSION OF LICENSE. IF A PERSON FAILS TO PAY
A PENALTY OWED UNDER THIS SECTION OR SECTION 326B.083, THE COMMISSIONER MAY
REVOKE, SUSPEND, OR DENY ANY OR ALL LICENSES, PERMITS, CERTIFICATES, AND
REGISTRATIONS ISSUED BY THE DEPARTMENT. <A]

Sec. 3. [A> (326B.083) AMOUNT OF PENALTY; CONTENTS OF ADMINISTRATIVE AND
LICENSING ORDERS. <A]

[A> SUBDIVISION 1. AMOUNT OF PENALTY; CONSIDERATIONS. IN DETERMINING THE
AMOUNT OF A PENALTY ASSESSED UNDER SECTION 326B.082, SUBDIVISION 7 OR 12, THE
COMMISSIONER SHALL CONSIDER THE FACTORS DESCRIBED IN SECTION 14.045, SUBDIVISION
3. <A]

[A> SUBD. 2. CONTENTS OF ADMINISTRATIVE ORDER AND LICENSING ORDER. <A]

[A> (A) AN ADMINISTRATIVE ORDER AND A LICENSING ORDER MUST INCLUDE: <A]

[A> (1) A SUMMARY OF THE FACTS THAT CONSTITUTE THE VIOLATION OR VIOLATIONS;
<A]

[A> (2) A REFERENCE TO THE APPLICABLE LAW THAT HAS BEEN VIOLATED; AND <A]

[A> (3) A STATEMENT OF THE PERSON'S RIGHT TO REQUEST A HEARING. <A]

[A> (B) AN ADMINISTRATIVE ORDER MAY INCLUDE A REQUIREMENT THAT THE VIOLATION
BE CORRECTED. IF THE ORDER INCLUDES A REQUIREMENT THAT THE VIOLATION BE
CORRECTED, THEN THE ORDER MUST INCLUDE, IN ADDITION TO ANY STATEMENTS REQUIRED
UNDER PARAGRAPHS (A) AND (C), THE DEADLINE BY WHICH THE VIOLATION MUST BE
CORRECTED. <A]

[A> (C) AN ADMINISTRATIVE ORDER OR A LICENSING ORDER MAY ASSESS MONETARY
PENALTIES. IF THE ORDER ASSESSES MONETARY PENALTIES, THEN THE ORDER MUST
INCLUDE, IN ADDITION TO ANY STATEMENTS REQUIRED UNDER PARAGRAPHS (A) AND (B):
<A]

[A> (1) A STATEMENT OF THE AMOUNT OF THE MONETARY PENALTY IMPOSED; <A]

[A> (2) A STATEMENT THAT, WHEN THE ORDER BECOMES FINAL, THE COMMISSIONER MAY
FILE AND ENFORCE THE UNPAID PORTION OF A PENALTY AS A JUDGMENT IN DISTRICT COURT
WITHOUT FURTHER NOTICE OR ADDITIONAL PROCEEDINGS; AND <A]

[A> (3) IF THE ORDER IS AN ADMINISTRATIVE ORDER, A STATEMENT OF THE AMOUNT OF
THE PENALTY, IF ANY, THAT WILL BE FORGIVEN IF THE PERSON WHO IS SUBJECT TO THE
ORDER DEMONSTRATES TO THE COMMISSIONER BY THE 31ST DAY AFTER THE ORDER IS SERVED
THAT THE PERSON HAS CORRECTED THE VIOLATION OR HAS DEVELOPED A CORRECTION PLAN
ACCEPTABLE TO THE COMMISSIONER. <A]

[A> SUBD. 3. PENALTY. <A]

[A> (A) IF AN ADMINISTRATIVE ORDER INCLUDES A PENALTY ASSESSMENT, THEN THE
PENALTY IS DUE AND PAYABLE ON THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL
UNLESS SOME OR ALL OF THE PENALTY IS FORGIVABLE. IF A LICENSING ORDER INCLUDES A
PENALTY ASSESSMENT, THEN THE PENALTY IS DUE AND PAYABLE ON THE DATE THE
LICENSING ORDER BECOMES FINAL. <A]

[A> (B) THIS PARAGRAPH APPLIES IF AN ADMINISTRATIVE ORDER INCLUDES A PENALTY
ASSESSMENT AND ALL OR A PORTION OF THE PENALTY IS FORGIVABLE. <A]

[A> (1) IF ANY PORTION OF THE PENALTY IS NOT FORGIVABLE, THAT PORTION OF THE
PENALTY IS DUE AND PAYABLE TEN DAYS AFTER THE DATE THE ADMINISTRATIVE ORDER
BECOMES FINAL. <A]

[A> (2) THE COMMISSIONER SHALL FORGIVE THE FORGIVABLE PORTION OF THE PENALTY
IF THE COMMISSIONER DETERMINES THAT THE VIOLATION HAS BEEN CORRECTED WITHIN THE
TIME SET BY THE ORDER OR THE PERSON TO WHOM THE ORDER WAS ISSUED HAS DEVELOPED A
CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER WITHIN THE TIME SET BY THE ORDER.
<A]

[A> (3) IF THE COMMISSIONER DETERMINES THAT THE PERSON TO WHOM THE ORDER WAS
ISSUED HAS FAILED TO CORRECT THE VIOLATION WITHIN THE TIME SET BY THE ORDER OR
HAS FAILED TO DEVELOP A CORRECTION PLAN ACCEPTABLE TO THE COMMISSIONER WITHIN
THE TIME SET BY THE ORDER, THEN THE FORGIVABLE PORTION OF THE PENALTY IS DUE AND
PAYABLE TEN DAYS AFTER THE COMMISSIONER SERVES NOTICE OF THE DETERMINATION ON
THE PERSON OR ON THE DATE THE ADMINISTRATIVE ORDER BECOMES FINAL, WHICHEVER IS
LATER. <A]

[A> (C) THIS PARAGRAPH APPLIES IF AN ADMINISTRATIVE ORDER OR A LICENSING
ORDER INCLUDES A PENALTY ASSESSMENT AND IF THE PERSON SUBJECT TO THE ORDER HAS
REQUESTED A HEARING. THE ADMINISTRATIVE LAW JUDGE MAY NOT RECOMMEND A CHANGE IN
THE AMOUNT OF THE PENALTY IF THE PENALTY WAS ASSESSED IN ACCORDANCE WITH A PLAN
PREPARED UNDER SECTION 326B.082, SUBDIVISION 14. IF THE COMMISSIONER HAS NOT
PREPARED A PLAN UNDER SECTION 326B.082, SUBDIVISION 14, THEN THE ADMINISTRATIVE
LAW JUDGE MAY NOT RECOMMEND A CHANGE IN THE AMOUNT OF THE PENALTY UNLESS THE
ADMINISTRATIVE LAW JUDGE DETERMINES THAT, BASED ON THE FACTORS IN SECTION
14.045, SUBDIVISION 3, THE AMOUNT OF THE PENALTY IS UNREASONABLE. <A]

[A> (D) THE ASSESSMENT OF A PENALTY DOES NOT PRECLUDE THE USE OF OTHER
ENFORCEMENT PROVISIONS, UNDER WHICH PENALTIES ARE NOT ASSESSED, IN CONNECTION
WITH THE VIOLATION FOR WHICH THE PENALTY WAS ASSESSED. <A]

Sec. 4. [A> (326B.084) FALSE INFORMATION. A PERSON SUBJECT TO ANY OF THE
REQUIREMENTS IN THE APPLICABLE LAW MAY NOT MAKE A FALSE MATERIAL STATEMENT,
REPRESENTATION, OR CERTIFICATION IN; OMIT MATERIAL INFORMATION FROM; OR ALTER,
CONCEAL, OR FAIL TO FILE OR MAINTAIN A NOTICE, APPLICATION, RECORD, REPORT,
PLAN, OR OTHER DOCUMENT REQUIRED UNDER THE APPLICABLE LAW. <A]

Sec. 5. [A> (326B.085) RECOVERY OF LITIGATION COSTS AND EXPENSES. IN ANY
ACTION BROUGHT BY THE COMMISSIONER FOR ENFORCEMENT OF AN ORDER ISSUED UNDER
SECTION 326B.082 FOR INJUNCTIVE RELIEF, OR TO COMPEL PERFORMANCE PURSUANT TO THE
APPLICABLE LAW, IF THE STATE FINALLY PREVAILS, THE STATE, IN ADDITION TO OTHER
PENALTIES PROVIDED BY LAW, MAY BE ALLOWED AN AMOUNT DETERMINED BY THE COURT TO
BE THE REASONABLE VALUE OF ALL OR PART OF THE LITIGATION EXPENSES INCURRED BY
THE STATE. IN DETERMINING THE AMOUNT OF THE LITIGATION EXPENSES TO BE ALLOWED,
THE COURT SHALL GIVE CONSIDERATION TO THE ECONOMIC CIRCUMSTANCES OF THE
DEFENDANT. <A]

Sec. 6. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
MINNESOTA STATUTES, SECTION 299F.011, SUBDIVISION 1, AS MINNESOTA STATUTES,
SECTION 326B.02, SUBDIVISION 5. <A]

ARTICLE 4

BUILDING CODE

Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended
to read:

Subd. 2. Powers and duties, general. Subject to other provisions of this
chapter, the commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and
purchasing;

(2) provide agencies with supplies and equipment and operate all central
store or supply rooms serving more than one agency;

(3) investigate and study the management and organization of agencies, and
reorganize them when necessary to ensure their effective and efficient
operation;

(4) manage and control state property, real and personal;

(5) maintain and operate all state buildings, as described in section 16B.24,
subdivision 1 ;

(6) supervise, control, review, and approve all capital improvements to state
buildings and the capitol building and grounds;

(7) provide central duplicating, printing, and mail facilities;

(8) oversee publication of official documents and provide for their sale;

(9) manage and operate parking facilities for state employees and a central
motor pool for travel on state business; [A> AND <A]

[D> (10) establish and administer a State Building Code; and <D]

[D> (11) <D] [A> (10) <A] provide rental space within the capitol complex for
a private day care center for children of state employees. The commissioner
shall contract for services as provided in this chapter. The commissioner shall
report back to the legislature by October 1, 1984, with the recommendation to
implement the private day care operation.

Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to
read:

Subd. 4. Code. "Code" means the State Building Code adopted by the
commissioner [A> OF LABOR AND INDUSTRY IN CONSULTATION WITH EACH INDUSTRY BOARD
AND THE CONSTRUCTION CODES ADVISORY COUNCIL <A] in accordance with sections
16B.59 to 16B.75.

Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to
read:

Subd. 7. [D> Physically disabled <D] [A> PERSON WITH A DISABILITY <A] . [D>
"Physically disabled" means having sight disabilities, hearing disabilities,
disabilities of incoordination, disabilities of aging, or other disabilities
that significantly reduce mobility, flexibility, coordination, or
perceptiveness. <D] [A> "PERSON WITH A DISABILITY" OR "PERSONS WITH
DISABILITIES" INCLUDES PEOPLE WHO HAVE A VISION DISABILITY, A HEARING
DISABILITY, A DISABILITY OF COORDINATION, A DISABILITY OF AGING, OR ANY OTHER
DISABILITY THAT SIGNIFICANTLY REDUCES MOBILITY, FLEXIBILITY, COORDINATION, OR
PERCEPTIVENESS. <A]

Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to
read:

Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an
existing public building in whole or in part in order to bring it [D> up to date
in <D] [A> INTO <A] conformity with present uses of the structure and to which
other rules on the upgrading of health and safety provisions are applicable.

Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended
to read:

Subd. 11. State licensed [D> facilities <D] [A> FACILITY <A] . "State
licensed [D> facilities <D] [A> FACILITY <A] " means a building and its grounds
that are licensed by the state as a hospital, nursing home, supervised living
facility, free-standing outpatient surgical center, [D> or <D] correctional
facility [A> , BOARDING CARE HOME, OR RESIDENTIAL HOSPICE <A] .

Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:

16B.61 GENERAL POWERS OF COMMISSIONER [A> OF LABOR AND INDUSTRY <A] .

Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the
commissioner shall by rule [A> AND IN CONSULTATION WITH THE CONSTRUCTION CODES
ADVISORY COUNCIL <A] establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of
structural materials, design and construction, fire protection, health,
sanitation, and safety, including design and construction standards regarding
heat loss control, illumination, and climate control. The code must also include
duties and responsibilities for code administration, including procedures for
administrative action, penalties, and suspension and revocation of
certification. The code must conform insofar as practicable to model building
codes generally accepted and in use throughout the United States, including a
code for building conservation. In the preparation of the code, consideration
must be given to the existing statewide specialty codes presently in use in the
state. Model codes with necessary modifications and statewide specialty codes
may be adopted by reference. The code must be based on the application of
scientific principles, approved tests, and professional judgment. To the extent
possible, the code must be adopted in terms of desired results instead of the
means of achieving those results, avoiding wherever possible the incorporation
of specifications of particular methods or materials. To that end the code must
encourage the use of new methods and new materials. Except as otherwise provided
in sections 16B.59 to 16B.75, the commissioner shall administer and enforce the
provisions of those sections. The commissioner shall develop rules addressing
the plan review fee assessed to similar buildings without significant
modifications including provisions for use of building systems as specified in
the industrial/modular program specified in section 16B.75 . Additional plan
review fees associated with similar plans must be based on costs commensurate
with the direct and indirect costs of the service.

Subd. 1a. Administration by commissioner. The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public
buildings and state licensed facilities in the state. The commissioner shall
establish appropriate permit, plan review, [D> and <D] inspection fees [A> , AND
SURCHARGES <A] for public buildings and state licensed facilities. [D> Fees and
surcharges for public buildings and state licensed facilities must be remitted
to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund. <D] Municipalities other than the state having an
agreement with the commissioner for code administration and enforcement service
for public buildings and state licensed facilities shall charge their customary
fees, including surcharge, to be paid directly to the jurisdiction by the
applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner shall sign an agreement with a municipality
other than the state for plan review, code administration, and code enforcement
service for public buildings and state licensed facilities in the jurisdiction
if the building officials of the municipality meet the requirements of section
16B.65 and wish to provide those services and if the commissioner determines
that the municipality has enough adequately trained and qualified building
inspectors to provide those services for the construction project. The
commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other
activities related to building codes. Administration and enforcement in a
municipality under this section must apply any optional provisions of the State
Building Code adopted by the municipality. A municipality adopting any optional
code provision shall notify the state building official within 30 days of its
adoption. The commissioner shall administer and enforce the provisions of the
code relating to elevators statewide, except as provided for under section
16B.747, subdivision 3.

Subd. 2. Enforcement by certain bodies. Under the direction and supervision
of the commissioner, the provisions of the code relating to electrical
installations [D> shall be enforced by the State Board of Electricity, pursuant
to the Minnesota Electrical Act, the provisions relating to <D] [A> , <A]
plumbing [D> shall be enforced by the commissioner of health, the provisions
relating to <D] [A> , BOILERS, <A] high pressure steam piping and appurtenances,
[A> AND <A] ammonia [A> REFRIGERATION <A] piping [D> , and bioprocess piping <D]
shall be enforced by the Department of Labor and Industry. Fees for inspections
conducted by the [D> State Board of Electricity <D] [A> COMMISSIONER <A] shall
be paid in accordance with the rules of the [D> State Board of Electricity <D]
[A> DEPARTMENT <A] . Under direction of the commissioner of public safety, the
state fire marshal shall enforce the State Fire Code as provided in chapter
299F. The commissioner [D> , in consultation with the commissioner of labor and
industry, <D] shall adopt amendments to the mechanical code portion of the State
Building Code to implement standards for process piping.

Subd. 3. Special requirements.

(a) Space for commuter vans. The code must require that any parking ramp or
other parking facility constructed in accordance with the code include an
appropriate number of spaces suitable for the parking of motor vehicles having a
capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of
employment or to or from a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings,
lodging houses, apartment houses, and hotels as defined in section 299F.362
comply with the provisions of section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in
a nursing home or hospital with an approved complete standard automatic fire
extinguishing system be constructed or maintained as self-closing or
automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care
center serving fewer than 30 preschool age persons and which is located in a
belowground space in a church building is exempt from the State Building Code
requirement for a ground level exit when the center has more than two stairways
to the ground level and its exit.

[D> (e) Child care facilities in churches; vertical access. Until August 1,
1996, an organization providing child care in an existing church building which
is exempt from taxation under section 272.02, subdivision 6 , shall have five
years from the date of initial licensure under chapter 245A to provide interior
vertical access, such as an elevator, to persons with disabilities as required
by the State Building Code. To obtain the extension, the organization providing
child care must secure a $ 2,500 performance bond with the commissioner of human
services to ensure that interior vertical access is achieved by the agreed upon
date. <D]

[D> (f) <D] [A> (E) <A] Family and group family day care. Until the
legislature enacts legislation specifying appropriate standards, the definition
of [D> Group R-3 occupancies in <D] [A> DWELLINGS CONSTRUCTED IN ACCORDANCE WITH
THE INTERNATIONAL RESIDENTIAL CODE AS ADOPTED AS PART OF <A] the State Building
Code applies to family and group family day care homes licensed by the
Department of Human Services under Minnesota Rules, chapter 9502.

[D> (g) <D] [A> (F) <A] Enclosed stairways. No provision of the code or any
appendix chapter of the code may require stairways of existing multiple dwelling
buildings of two stories or less to be enclosed.

[D> (h) <D] [A> (G) <A] Double cylinder dead bolt locks. No provision of the
code or appendix chapter of the code may prohibit double cylinder dead bolt
locks in existing single-family homes, townhouses, and first floor duplexes used
exclusively as a residential dwelling. Any recommendation or promotion of double
cylinder dead bolt locks must include a warning about their potential fire
danger and procedures to minimize the danger.

[D> (i) <D] [A> (H) <A] Relocated residential buildings. A residential
building relocated within or into a political subdivision of the state need not
comply with the State Energy Code or section 326.371 provided that, where
available, an energy audit is conducted on the relocated building.

[D> (j) <D] [A> (I) <A] Automatic garage door opening systems. The code must
require all residential buildings as defined in section 325F.82 to comply with
the provisions of sections 325F.82 and 325F.83.

[D> (k) <D] [A> (J) <A] Exit sign illumination. For a new building on which
construction is begun on or after October 1, 1993, or an existing building on
which remodeling affecting 50 percent or more of the enclosed space is begun on
or after October 1, 1993, the code must prohibit the use of internally
illuminated exit signs whose electrical consumption during nonemergency
operation exceeds 20 watts of resistive power. All other requirements in the
code for exit signs must be complied with.

[D> (l) <D] [A> (K) <A] Exterior wood decks, patios, and balconies. The code
must permit the decking surface and upper portions of exterior wood decks,
patios, and balconies to be constructed of (1) heartwood from species of wood
having natural resistance to decay or termites, including redwood and cedars,
(2) grades of lumber which contain sapwood from species of wood having natural
resistance to decay or termites, including redwood and cedars, or (3) treated
wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made
available to the building official on request before final construction
approval.

[D> (m) <D] [A> (L) <A] Bioprocess piping and equipment. No permit fee for
bioprocess piping may be imposed by municipalities under the State Building
Code, except as required under section 326.47, subdivision 1. Permits for
bioprocess piping shall be according to section 326.47 administered by the
Department of Labor and Industry. All data regarding the material production
processes, including the bioprocess system's structural design and layout, are
nonpublic data as provided by section 13.7911.

Subd. 3a. Recycling space. The code must require suitable space for the
separation, collection, and temporary storage of recyclable materials within or
adjacent to new or significantly remodeled structures that contain 1,000 square
feet or more. Residential structures with fewer than four dwelling units are
exempt from this subdivision.

Subd. 4. Review of plans for public buildings and state licensed facilities.
Construction or remodeling may not begin on any public building or state
licensed facility until the plans and specifications have been approved by the
commissioner or municipality under contractual agreement pursuant to subdivision
1a. The plans and specifications must be submitted for review, and within 30
days after receipt of the plans and specifications, the commissioner or
municipality under contractual agreement shall notify the submitting authority
of any corrections.

Subd. 5. Accessibility.

(a) Public buildings. The code must provide for making public buildings
constructed or remodeled after July 1, 1963, accessible to and usable by [D>
physically disabled <D] persons [A> WITH DISABILITIES <A] , although this does
not require the remodeling of public buildings solely to provide accessibility
and usability to [D> the physically disabled <D] [A> PERSONS WITH DISABILITIES
<A] when remodeling would not otherwise be undertaken.

(b) Leased space. No agency of the state may lease space for agency
operations in a non-state-owned building unless the building satisfies the
requirements of the State Building Code for accessibility by [D> the physically
disabled <D] [A> PERSONS WITH DISABILITIES <A] , or is eligible to display the
state symbol of accessibility. This limitation applies to leases of 30 days or
more for space of at least 1,000 square feet.

(c) Meetings or conferences. Meetings or conferences for the public or for
state employees which are sponsored in whole or in part by a state agency must
be held in buildings that meet the State Building Code requirements relating to
accessibility for [D> physically disabled <D] persons [A> WITH DISABILITIES <A]
. This subdivision does not apply to any classes, seminars, or training programs
offered by the Minnesota State Colleges and Universities or the University of
Minnesota. Meetings or conferences intended for specific individuals none of
whom need the accessibility features for [D> disabled <D] persons [A> WITH
DISABILITIES <A] specified in the State Building Code need not comply with this
subdivision unless a [D> disabled <D] person [A> WITH A DISABILITY <A] gives
reasonable advance notice of an intent to attend the meeting or conference. When
sign language interpreters will be provided, meetings or conference sites must
be chosen which allow hearing impaired participants to see their signing
clearly.

(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that
reasonable efforts were made to secure facilities which complied with those
requirements and if the selected facilities are the best available for access
for [D> disabled <D] persons [A> WITH DISABILITIES <A] . Exemptions shall be
granted using criteria developed by the commissioner in consultation with the
Council on Disability.

(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating
buildings, facilities, and grounds which are accessible to and usable by [D>
disabled <D] persons [A> WITH DISABILITIES <A] . In the interests of uniformity,
this symbol is the sole symbol for display in or on all public or private
buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or
grounds may display the symbol unless it is in compliance with the rules adopted
by the commissioner under subdivision 1. Before any rules are proposed for
adoption under this paragraph, the commissioner shall consult with the Council
on Disability. Rules adopted under this paragraph must be enforced in the same
way as other accessibility rules of the State Building Code.

(f) Municipal enforcement. Municipalities which have not adopted the State
Building Code may enforce the building code requirements for [D> disabled <D]
persons [A> WITH DISABILITIES <A] by either entering into a joint powers
agreement for enforcement with another municipality which has adopted the State
Building Code; or contracting for enforcement with an individual certified under
section 16B.65, subdivision 3, to enforce the State Building Code.

[D> (g) Equipment allowed. The code must allow the use of vertical wheelchair
lifts and inclined stairway wheelchair lifts in public buildings. An inclined
stairway wheelchair lift must be equipped with light or sound signaling device
for use during operation of the lift. The stairway or ramp shall be marked in a
bright color that clearly indicates the outside edge of the lift when in
operation. The code shall not require a guardrail between the lift and the
stairway or ramp. Compliance with this provision by itself does not mean other
disability accessibility requirements have been met. <D]

Subd. 6. Energy efficiency. The code must provide for building new low-income
housing in accordance with energy efficiency standards adopted under subdivision
1. For purposes of this subdivision, low-income housing means residential
housing built for low-income persons and families under a program of a housing
and redevelopment authority, the Minnesota Housing Finance Agency, or another
entity receiving money from the state to construct such housing.

Subd. 7. Access for the hearing-impaired. All rooms in the State Office
Building and in the Capitol that are used by the house of representatives or the
senate for legislative hearings, and the public galleries overlooking the house
and senate chambers, must be fitted with assistive listening devices for the
hearing-impaired. Each hearing room and the public galleries must have a
sufficient number of receivers available so that hearing-impaired members of the
public may participate in the committee hearings and public sessions of the
house and senate.

Subd. 8. Separate metering for electric service. The standards concerning
heat loss, illumination, and climate control adopted pursuant to subdivision 1,
shall require that electrical service to individual dwelling units in buildings
containing two or more units be separately metered, with individual metering
readily accessible to the individual occupants. The standards authorized by this
subdivision shall only apply to buildings constructed after the effective date
of the amended standards. Buildings intended for occupancy primarily by persons
who are 62 years of age or older or disabled, or which contain a majority of
units not equipped with complete kitchen facilities, shall be exempt from the
provisions of this subdivision.

Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended
to read:

Subd. 4. Rules. The commissioner [D> of administration <D] shall adopt rules
to implement this section. The rules may provide for a greater ratio of women's
to men's facilities for certain types of occupancies than is required in
subdivision 3, and may apply the required ratios to categories of occupancies
other than those defined as places of public accommodation under subdivision 1.

Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:

16B.617 ENERGY CODE RULES REMAIN IN EFFECT.

(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules,
chapter 7670, does not expire on April 15, 2000, but remains in effect for
residential buildings not covered by Minnesota Rules, chapter 7676. The
provisions of Minnesota Rules, chapter 7670, that apply to category 1 buildings
govern new, detached single one- and two-family R-3 occupancy residential
buildings. All new, detached single one- and two-family R-3 occupancy buildings
subject to Minnesota Rules, chapter 7670, submitting an application for a
building permit after April 14, 2000, must meet the requirements for category 1
buildings, as set out in Minnesota Rules, chapter 7670.

(b) As an alternative to compliance with paragraph (a), compliance with
Minnesota Rules, chapters 7672 and 7674, is optional for a contractor or owner.

[D> (c) The Department of Administration, Building Codes and Standards
Division (BCSD), shall issue a report to the legislature by December 1, 2001,
addressing the cost benefit, as well as air quality, building durability,
moisture, enforcement, enforceability, and liability regarding implementation of
Minnesota Rules, chapters 7670, 7672, and 7674. The report must include a
feasibility study of establishing new criteria for category 2 detached single
one- and two-family R-3 occupancy buildings that are energy efficient,
enforceable, and provide sufficient nonmechanical ventilation or permeability
for a home to maintain good air quality, building durability, and adequate
release of moisture. <D]

[D> (d) <D] [A> (C) <A] This section expires when the commissioner [D> of
administration <D] adopts a new energy code in accordance with Laws 2002,
chapter 317, section 4.

Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:

16B.6175 ENERGY CODE. Notwithstanding section 16B.617, the commissioner [D>
of administration <D] , in consultation with the Construction Codes Advisory
Council, shall explore and review the availability and appropriateness of any
model energy codes related to the construction of single one- and two-family
residential buildings. In consultation with the council, the commissioner shall
take steps to adopt the chosen code with all necessary and appropriate
amendments. The commissioner may not adopt all or part of a model energy code
relating to the construction of residential buildings without research and
analysis that addresses, at a minimum, air quality, building durability,
moisture, enforcement, enforceability cost benefit, and liability. The research
and analysis must be completed in cooperation with practitioners in residential
construction and building science and an affirmative recommendation by the
Construction Codes Advisory Council.

Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:

16B.63 STATE BUILDING OFFICIAL.

Subdivision 1. Appointment. The commissioner shall appoint a state building
official who under the direction and supervision of the commissioner shall
administer the code.

Subd. 2. Qualifications. To be eligible for appointment as state building
official an individual must be competent in the field of administration and
shall have the experience in building design, construction, and supervision
which the commissioner considers necessary.

Subd. 3. Powers and duties. The state building official may, with the
approval of the commissioner, employ personnel necessary to carry out the
inspector's function under sections 16B.59 to 16B.75. The state building
official shall distribute without charge [D> one copy <D] [A> A PRINTED OR
ELECTRONIC VERSION <A] of the code to each municipality within the state. [D>
Additional copies <D] [A> A PRINTED OR ELECTRONIC VERSION OF THE CODE <A] shall
be made available to municipalities and interested parties for a fee prescribed
by the commissioner. The state building official shall perform other duties in
administering the code assigned by the commissioner.

Subd. 4. Accessibility specialists. The state building official shall, with
the approval of the commissioner, assign three department employees to assist
municipalities in complying with section 16B.61, subdivision 5.

Subd. 5. Interpretative authority. To achieve uniform and consistent
application of the State Building Code, the [D> state building official <D] [A>
COMMISSIONER <A] has final interpretative authority applicable to all codes
adopted as part of the State Building Code except for the Plumbing Code and the
Electrical Code [D> when enforced by the State Board of Electricity <D] . A
final interpretative committee composed of seven members, consisting of three
building officials, two inspectors from the affected field, and two construction
industry representatives, shall review requests for final interpretations
relating to that field [D> . A request <D] [A> FOR WHICH THE COMMISSIONER HAS
FINAL INTERPRETATIVE AUTHORITY. THE PLUMBING BOARD HAS FINAL INTERPRETATIVE
AUTHORITY APPLICABLE TO THE STATE PLUMBING CODE AND SHALL REVIEW REQUESTS FOR
FINAL INTERPRETATION MADE TO THE BOARD THAT RELATE TO THE STATE PLUMBING CODE.
THE BOARD OF ELECTRICITY HAS FINAL INTERPRETATIVE AUTHORITY APPLICABLE TO THE
STATE ELECTRICAL CODE AND SHALL REVIEW REQUESTS FOR FINAL INTERPRETATION MADE TO
THE BOARD THAT RELATE TO THE STATE ELECTRICAL CODE. THE BOARD OF HIGH PRESSURE
PIPING SYSTEMS HAS FINAL INTERPRETATIVE AUTHORITY APPLICABLE TO THE STATE HIGH
PRESSURE PIPING CODE AND SHALL REVIEW REQUESTS FOR FINAL INTERPRETATION MADE TO
THE BOARD THAT RELATE TO THE STATE HIGH PRESSURE PIPING CODE. EXCEPT FOR
REQUESTS FOR FINAL INTERPRETATIONS THAT RELATE TO THE STATE PLUMBING CODE, THE
STATE ELECTRICAL CODE, AND THE STATE HIGH PRESSURE PIPING CODE, REQUESTS <A] for
final interpretation must come from a local or state level building code board
of appeals. The [D> state building official <D] [A> COMMISSIONER <A] must
establish procedures for membership of the [A> FINAL <A] interpretative
committees. The appropriate committee shall review the request and make a
recommendation to the [D> state building official <D] [A> COMMISSIONER <A] for
the final interpretation within 30 days of the request. The [D> state building
official <D] [A> COMMISSIONER <A] must issue [D> an <D] [A> FINAL <A]
interpretation within ten business days [D> from <D] [A> AFTER THE RECEIPT OF
<A] the recommendation from the [D> review <D] [A> FINAL INTERPRETIVE <A]
committee. [D> A <D] [A> THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE
BOARD OF HIGH PRESSURE PIPING SYSTEMS SHALL REVIEW A REQUEST AND ISSUE A FINAL
INTERPRETATION WITHIN 30 DAYS OF THE REQUEST. ANY PERSON AGGRIEVED BY A <A]
final interpretation may [D> be appealed <D] [A> APPEAL THE INTERPRETATION <A]
within 30 days of its issuance [D> to <D] [A> BY <A] the commissioner [D> under
section 16B.67 <D] [A> OR THE BOARD IN ACCORDANCE WITH CHAPTER 14 <A] . The
final interpretation must be published within ten business days of its issuance
and made available to the public. Municipal building officials shall administer
all final interpretations issued by the [D> state building official <D] [A>
COMMISSIONER, THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD OF HIGH
PRESSURE PIPING SYSTEMS <A] until the final interpretations are considered [A>
BY THE COMMISSIONER, THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, OR THE BOARD
OF HIGH PRESSURE PIPING SYSTEMS <A] for adoption as part of the State Building
Code [A> , STATE PLUMBING CODE, STATE ELECTRICAL CODE, AND THE STATE HIGH
PRESSURE PIPING CODE <A] .

Sec. 11. Minnesota Statutes 2006, section 16B.64, is amended by adding a
subdivision to read:

[A> SUBD. 8. EFFECTIVE DATE OF RULES. A RULE TO ADOPT OR AMEND THE STATE'S
BUILDING CODE IS EFFECTIVE 180 DAYS AFTER THE FILING OF THE RULE WITH THE
SECRETARY OF STATE UNDER SECTION 14.16 OR 14.26. THE RULE MAY PROVIDE FOR A
DIFFERENT EFFECTIVE DATE IF THE COMMISSIONER OR BOARD PROPOSING THE RULE FINDS
THAT A DIFFERENT EFFECTIVE DATE IS NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY
AFTER CONSIDERING, AMONG OTHER THINGS, THE NEED FOR TIME FOR TRAINING OF
INDIVIDUALS TO COMPLY WITH AND ENFORCE THE RULE. <A]

Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read:

16B.65 BUILDING OFFICIALS.

Subdivision 1. Designation. [D> By January 1, 2002, <D] Each municipality
shall designate a building official to administer the code. A municipality may
designate no more than one building official responsible for code administration
defined by each certification category established in rule. Two or more
municipalities may combine in the designation of a building official for the
purpose of administering the provisions of the code within their communities. In
those municipalities for which no building officials have been designated, the
state building official may use whichever state employees are necessary to
perform the duties of the building official until the municipality makes a
temporary or permanent designation. All costs incurred by virtue of these
services rendered by state employees must be borne by the involved municipality
and receipts arising from these services must be paid [D> into the state
treasury and credited to the special revenue fund <D] [A> TO THE COMMISSIONER
<A] .

Subd. 2. Qualifications. A building official, to be eligible for designation,
must be certified and have the experience in design, construction, and
supervision which the commissioner deems necessary and must be generally
informed on the quality and strength of building materials, accepted building
construction requirements, and the nature of equipment and needs conducive to
the safety, comfort, and convenience of building occupants. No person may be
designated as a building official for a municipality unless the commissioner
determines that the official is qualified as provided in subdivision 3.

Subd. 3. Certification. The commissioner shall [A> BY RULE ESTABLISH
CERTIFICATION CRITERIA AS PROOF OF QUALIFICATION PURSUANT TO SUBDIVISION 2. THE
COMMISSIONER MAY <A] :

(1) [D> prepare and conduct <D] [A> DEVELOP AND ADMINISTER <A] written and
practical examinations to determine if a person is qualified pursuant to
subdivision 2 to be a building official;

(2) accept documentation of successful completion of testing programs
developed [A> AND ADMINISTERED <A] by nationally recognized testing agencies, as
proof of qualification pursuant to subdivision 2; or

(3) determine qualifications by [D> both clauses (1) and (2) <D] [A>
SATISFACTORY COMPLETION OF CLAUSE (2) AND A MANDATORY TRAINING PROGRAM DEVELOPED
OR APPROVED BY THE COMMISSIONER <A] . Upon a determination of qualification
under clause (1), (2), or [D> both of them <D] [A> (3) <A] , the commissioner
shall issue a certificate to the building official stating that the official is
certified. Each person applying for examination and certification pursuant to
this section shall pay a nonrefundable fee of $ 70. The commissioner or a
designee may establish categories of certification that will recognize the
varying complexities of code enforcement in the municipalities within the state.
The commissioner shall provide educational programs designed to train and assist
building officials in carrying out their responsibilities. [D> The Department of
Employee Relations may, at the request of the commissioner, provide statewide
testing services. <D]

Subd. 4. Duties. Building officials shall, in the municipality for which
they are designated, be responsible for all aspects of code administration for
which they are certified, including the issuance of all building permits and the
inspection of all manufactured home installations. The commissioner may direct a
municipality with a building official to perform services for another
municipality, and in that event the municipality being served shall pay the
municipality rendering the services the reasonable costs of the services. The
costs may be subject to approval by the commissioner.

Subd. 5. Oversight committee.

(a) The commissioner shall establish a Code Administration Oversight
Committee [D> to evaluate, mediate, and <D] [A> THAT WILL, AT THE COMMISSIONER'S
REQUEST, <A] recommend to the commissioner [D> any administrative action,
penalty, suspension, or revocation with respect <D] [A> APPROPRIATE ACTION
PURSUANT TO SECTION 326B.82, IN RESPONSE <A] to [D> complaints filed with or <D]
information received [A> OR OBTAINED <A] by the commissioner [D> alleging or
indicating <D] [A> THAT SUPPORTS A FINDING THAT: <A]

[A> (1) AN INDIVIDUAL HAS ENGAGED IN, OR IS ABOUT TO ENGAGE IN, <A] the
unauthorized performance of [D> official <D] [A> THE <A] duties [A> OF A
CERTIFIED BUILDING OFFICIAL <A] or [A> THE <A] unauthorized use of the [D> title
<D] certified building official [D> , <D] [A> TITLE; <A] or [D> a violation of
<D]

[A> (2) A CERTIFIED BUILDING OFFICIAL HAS VIOLATED A <A] statute, rule, [A>
STIPULATION, AGREEMENT, SETTLEMENT, COMPLIANCE AGREEMENT, CEASE AND DESIST
AGREEMENT, <A] or order that the commissioner has [A> ADOPTED, <A] issued [A> ,
<A] or [D> is empowered <D] [A> HAS THE AUTHORITY <A] to enforce [A> AND THAT IS
RELATED TO THE DUTIES OF A CERTIFIED BUILDING OFFICIAL <A] .

[A> (B) <A] The committee [D> consists <D] [A> SHALL CONSIST <A] of [A> SIX
MEMBERS. ONE MEMBER SHALL BE THE COMMISSIONER'S DESIGNEE AND <A] five [A>
MEMBERS SHALL BE <A] certified building officials [D> , <D] [A> WHO ARE
APPOINTED BY THE COMMISSIONER. <A] At least two of [D> whom <D] [A> THE
APPOINTED CERTIFIED BUILDING OFFICIALS <A] must be from nonmetropolitan
counties. [A> FOR THE <A] committee members [D> must be compensated according to
<D] [A> WHO ARE NOT STATE OFFICIALS OR EMPLOYEES, THEIR COMPENSATION AND REMOVAL
FROM THE OVERSIGHT COMMITTEE IS GOVERNED BY <A] section 15.059 [D> , subdivision
3 <D] . The commissioner's designee shall [D> act as an ex-officio member of the
oversight committee <D] [A> SERVE AS THE CHAIR OF THE OVERSIGHT COMMITTEE AND
SHALL NOT VOTE <A] . [A> THE TERMS OF THE APPOINTED MEMBERS OF THE OVERSIGHT
COMMITTEE SHALL BE FOUR YEARS. THE TERMS OF THREE OF THE APPOINTED MEMBERS SHALL
BE COTERMINOUS WITH THE GOVERNOR AND THE TERMS OF THE REMAINING TWO APPOINTED
MEMBERS SHALL END ON THE FIRST MONDAY IN JANUARY ONE YEAR AFTER THE TERMS OF THE
OTHER APPOINTED MEMBERS EXPIRE. AN APPOINTED MEMBER MAY BE REAPPOINTED. THE
COMMITTEE IS NOT SUBJECT TO THE EXPIRATION PROVISIONS OF SECTION 15.059,
SUBDIVISION 5. <A]

[D> (b) <D] [A> (C) <A] If the commissioner [D> has a reasonable basis to
believe <D] [A> DETERMINES <A] that [D> a person <D] [A> AN INDIVIDUAL <A] has
engaged in [D> an act or practice constituting <D] the unauthorized performance
of [D> official <D] [A> THE <A] duties [D> , <D] [A> OF A CERTIFIED BUILDING
OFFICIAL OR <A] the unauthorized use of the [D> title <D] certified building
official [A> TITLE <A] , or [A> THAT <A] a [D> violation of <D] [A> CERTIFIED
BUILDING OFFICIAL HAS VIOLATED <A] a statute, rule, [A> STIPULATION, AGREEMENT,
SETTLEMENT, COMPLIANCE AGREEMENT, CEASE AND DESIST AGREEMENT, <A] or order that
the commissioner has [A> ADOPTED, <A] issued [A> , <A] or is [D> empowered <D]
[A> AUTHORIZED <A] to enforce [A> THAT IS RELATED TO THE DUTIES OF A CERTIFIED
BUILDING OFFICIAL <A] , the commissioner may [D> proceed with <D] [A> TAKE <A]
administrative actions [D> or penalties as described in subdivision 5a or
suspension or revocation as described in subdivision 5b. <D] [A> AGAINST THE
INDIVIDUAL PURSUANT TO SECTION 326B.082, SUBDIVISIONS 7 AND 11. <A]

[D> Subd. 5a. Administrative action and penalties. The commissioner shall,
by rule, establish a graduated schedule of administrative actions for violations
of sections 16B.59 to 16B.75 and rules adopted under those sections. The
schedule must be based on and reflect the culpability, frequency, and severity
of the violator's actions. The commissioner may impose a penalty from the
schedule on a certification holder for a violation of sections 16B.59 to 16B.75
and rules adopted under those sections. The penalty is in addition to any
criminal penalty imposed for the same violation. Administrative monetary
penalties imposed by the commissioner must be paid to the special revenue fund.
<D]

Subd. 5b. [D> Suspension; revocation. <D] [A> GROUNDS. <A] [D> Except as
otherwise provided for by law, the commissioner may, upon notice and hearing,
revoke or suspend or refuse to issue or reissue a building official
certification if the applicant, building official, or certification holder: <D]
[A> IN ADDITION TO THE GROUNDS SET FORTH IN SECTION 326B.082, SUBDIVISION 11,
THE COMMISSIONER MAY DENY, SUSPEND, LIMIT, PLACE CONDITIONS ON, OR REVOKE A
CERTIFICATE, OR MAY CENSURE AN APPLICANT OR INDIVIDUAL HOLDING A CERTIFICATE, IF
THE APPLICANT OR INDIVIDUAL: <A]

(1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under
those sections; [A> OR <A]

(2) engages in fraud, deceit, or misrepresentation while performing the
duties of a certified building official [D> ; <D] [A> . <A]

[D> (3) makes a false statement in an application submitted to the
commissioner or in a document required to be submitted to the commissioner; or
<D]

[D> (4) violates an order of the commissioner. Notice must be provided and
the hearing conducted in accordance with the provisions of chapter 14 governing
contested case proceedings. <D]

Nothing in this subdivision limits or otherwise affects the authority of a
municipality to dismiss or suspend a building official at its discretion, except
as otherwise provided for by law.

[A> SUBD. 5C. ACTION AGAINST UNLICENSED PERSONS. THE COMMISSIONER MAY TAKE
ANY ADMINISTRATIVE ACTION PROVIDED UNDER SECTION 326B.082, AGAINST AN INDIVIDUAL
REQUIRED TO BE CERTIFIED UNDER SUBDIVISION 3, BASED UPON CONDUCT THAT WOULD
PROVIDE GROUNDS FOR ACTION AGAINST A CERTIFICATE HOLDER UNDER THIS SECTION. <A]

Subd. 6. Vacancies. In the event that a designated building official position
is vacant within a municipality, that municipality shall designate a certified
building official to fill the vacancy as soon as possible. The commissioner must
be notified of any vacancy or designation in writing within 15 days. If the
municipality fails to designate a certified building official within 15 days of
the occurrence of the vacancy, the state building official may provide state
employees to serve that function as provided in subdivision 1 until the
municipality makes a temporary or permanent designation. Municipalities must not
issue permits without a designated certified building official.

Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the
commissioner may by rule establish or approve continuing education programs for
[D> municipal <D] [A> CERTIFIED <A] building officials dealing with matters of
building code administration, inspection, and enforcement. Each person certified
as a building official for the state must satisfactorily complete applicable
educational programs established or approved by the commissioner [D> every three
calendar years <D] to retain certification. [D> Each person certified as a
building official must submit in writing to the commissioner an application for
renewal of certification within 60 days of the last day of the third calendar
year following the last certificate issued. Each application for renewal must be
accompanied by proof of satisfactory completion of minimum continuing education
requirements and the certification renewal fee established by the commissioner.
<D]

[A> SUBD. 8. RENEWAL. <A]

[A> (A) SUBJECT TO SECTIONS 16B.59 TO 16B.76, THE COMMISSIONER OF LABOR AND
INDUSTRY MAY BY RULE ADOPT STANDARDS DEALING WITH RENEWAL REQUIREMENTS. <A]

[A> (B) IF THE COMMISSIONER HAS NOT ISSUED A NOTICE OF DENIAL OF APPLICATION
FOR A CERTIFICATE HOLDER AND IF THE CERTIFICATE HOLDER HAS PROPERLY AND TIMELY
FILED A FULLY COMPLETED RENEWAL APPLICATION, THEN THE CERTIFICATE HOLDER MAY
CONTINUE TO ENGAGE IN BUILDING OFFICIAL ACTIVITIES WHETHER OR NOT THE RENEWED
CERTIFICATE HAS BEEN RECEIVED. APPLICATIONS MUST BE MADE ON A FORM APPROVED BY
THE COMMISSIONER. EACH APPLICATION FOR RENEWAL MUST BE FULLY COMPLETED, AND BE
ACCOMPANIED BY PROOF OF THE SATISFACTORY COMPLETION OF MINIMUM CONTINUING
EDUCATION REQUIREMENTS AND THE CERTIFICATION RENEWAL FEE ESTABLISHED BY THE
COMMISSIONER. APPLICATIONS ARE TIMELY IF RECEIVED PRIOR TO THE EXPIRATION OF THE
MOST RECENTLY ISSUED CERTIFICATE. AN APPLICATION FOR RENEWAL THAT DOES NOT
CONTAIN ALL OF THE INFORMATION REQUESTED IS AN INCOMPLETE APPLICATION AND WILL
NOT BE ACCEPTED. <A]

[A> SUBD. 9. EXPIRATION. ALL CERTIFICATES EXPIRE AT 11:59:59 P.M. CENTRAL
TIME ON THE DATE OF EXPIRATION IF NOT PROPERLY RENEWED IN ACCORDANCE WITH
SUBDIVISION 8, PARAGRAPH (B). <A]

[A> SUBD. 10. FAILURE TO RENEW. AN INDIVIDUAL WHO HAS FAILED TO MAKE A TIMELY
APPLICATION FOR RENEWAL OF A CERTIFICATE IS NOT CERTIFIED AND MUST NOT SERVE AS
THE DESIGNATED BUILDING OFFICIAL FOR ANY MUNICIPALITY UNTIL A RENEWED
CERTIFICATE HAS BEEN ISSUED BY THE COMMISSIONER. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 13. Minnesota Statutes 2006, section 16B.70, is amended to read:

16B.70 SURCHARGE.

Subdivision 1. Computation. To defray the costs of administering sections
16B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities
in connection with the construction of or addition or alteration to buildings
and equipment or appurtenances after June 30, 1971. The commissioner may use any
surplus in surcharge receipts to award grants for code research and development
and education. If the fee for the permit issued is fixed in amount the surcharge
is equivalent to one-half mill (.0005) of the fee or 50 cents, whichever amount
is greater. For all other permits, the surcharge is as follows:

(1) if the valuation of the structure, addition, or alteration is $ 1,000,000
or less, the surcharge is equivalent to one-half mill (.0005) of the valuation
of the structure, addition, or alteration;

(2) if the valuation is greater than $ 1,000,000, the surcharge is $ 500 plus
two-fifths mill (.0004) of the value between $ 1,000,000 and $ 2,000,000;

(3) if the valuation is greater than $ 2,000,000, the surcharge is $ 900 plus
three-tenths mill (.0003) of the value between $ 2,000,000 and $ 3,000,000;

(4) if the valuation is greater than $ 3,000,000, the surcharge is $ 1,200
plus one-fifth mill (.0002) of the value between $ 3,000,000 and $ 4,000,000;

(5) if the valuation is greater than $ 4,000,000, the surcharge is $ 1,400
plus one-tenth mill (.0001) of the value between $ 4,000,000 and $ 5,000,000;
and

(6) if the valuation exceeds $ 5,000,000, the surcharge is $ 1,500 plus
one-twentieth mill (.00005) of the value that exceeds $ 5,000,000.

Subd. 2. Collection and reports. All permit surcharges must be collected by
each municipality and a portion of them remitted to the state. Each municipality
having a population greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on fees collected
during the previous month but shall retain the greater of two percent or that
amount collected up to $ 25 to apply against the administrative expenses the
municipality incurs in collecting the surcharges. All other municipalities shall
submit the report and surcharges on fees once a quarter but shall retain the
greater of four percent or that amount collected up to $ 25 to apply against the
administrative expenses the municipalities incur in collecting the surcharges.
The report, which must be in a form prescribed by the commissioner, must be
submitted together with a remittance covering the surcharges collected by the
15th day following the month or quarter in which the surcharges are collected.
[D> All money collected by the commissioner through surcharges and other fees
prescribed by sections 16B.59 to 16B.75 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for the
purpose of administering and enforcing the State Building Code under sections
16B.59 to 16B.75 . <D]

Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed
in subdivision 1 should approximately equal the cost, including the overhead
cost, of administering sections 16B.59 to 16B.75. By November 30 each year, the
commissioner must report to the commissioner of finance and to the legislature
on changes in the surcharge imposed in subdivision 1 needed to comply with this
policy. In making this report, the commissioner must assume that the services
associated with administering sections 16B.59 to 16B.75 will continue to be
provided at the same level provided during the fiscal year in which the report
is made.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 14. Minnesota Statutes 2006, section 16B.72, is amended to read:

16B.72 REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN COUNTIES.
Notwithstanding any other provision of law to the contrary, a county that is
not a metropolitan county as defined by section 473.121, subdivision 4, may
provide, by a vote of the majority of its electors residing outside of
municipalities that have adopted the State Building Code before January 1,
1977, that no part of the State Building Code except the building
requirements for [D> disabled <D] persons [A> WITH DISABILITIES <A] , the
requirements for bleacher safety, and the requirements for elevator safety
applies within its jurisdiction. The county board may submit to the voters at
a regular or special election the question of adopting the building code. The
county board shall submit the question to the voters if it receives a
petition for the question signed by a number of voters equal to at least five
percent of those voting in the last general election. The question on the
ballot must be stated substantially as follows: "Shall the State Building
Code be adopted in .... County?" If the majority of the votes cast on the
proposition is in the negative, the State Building Code does not apply in the
subject county, outside home rule charter or statutory cities or towns that
adopted the building code before January 1, 1977, except the building
requirements for [D> disabled <D] persons [A> WITH DISABILITIES <A] , the
requirements for bleacher safety, and the requirements for elevator safety do
apply. Nothing in this section precludes a municipality or town that has not
adopted the State Building Code from adopting and enforcing by ordinance or
other legal means the State Building Code within its jurisdiction.

Sec. 15. Minnesota Statutes 2006, section 16B.73, is amended to read:

16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; LOCAL OPTION. The
governing body of a municipality whose population is less than 2,500 may provide
that the State Building Code, except the requirements for [D> disabled <D]
persons [A> WITH DISABILITIES <A] , the requirements for bleacher safety, and
the requirements for elevator safety, will not apply within the jurisdiction of
the municipality, if the municipality is located in whole or in part within a
county exempted from its application under section 16B.72 . If more than one
municipality has jurisdiction over an area, the State Building Code continues to
apply unless all municipalities having jurisdiction over the area have provided
that the State Building Code, except the requirements for [D> disabled <D]
persons [A> WITH DISABILITIES <A] , the requirements for bleacher safety, and
the requirements for elevator safety, does not apply within their respective
jurisdictions. Nothing in this section precludes a municipality or town from
adopting and enforcing by ordinance or other legal means the State Building Code
within its jurisdiction.

Sec. 16. Minnesota Statutes 2006, section 16B.735, is amended to read:

16B.735 ENFORCEMENT OF REQUIREMENTS FOR [D> DISABLED <D] PERSONS [A> WITH
DISABILITIES <A] . A statutory or home rule charter city that is not covered by
the State Building Code because of action taken under section 16B.72 or 16B.73
is responsible for enforcement in the city of the State Building Code's
requirements for [D> disabled <D] persons [A> WITH DISABILITIES <A] . In all
other areas where the State Building Code does not apply because of action taken
under section 16B.72 or 16B.73, the county is responsible for enforcement of
those requirements.

Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended
to read:

Subdivision 1. Applicability. [D> As used in <D] [A> FOR THE PURPOSES OF <A]
sections [A> 16B.61, 16B.72, 16B.73, AND <A] 16B.74 to [D> 16B.746 <D] [A>
16B.748 <A] the terms [D> "passenger or freight elevator," "automatic operation"
and "continuous pressure operation" <D] [A> DEFINED IN THIS SECTION <A] shall
have the [D> following <D] meanings [A> GIVEN THEM <A] .

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 18. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended
to read:

Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means
all elevators except those that comply with the safety rules of the department
[D> of Administration <D] relating to construction and installation and that
have automatic operation or continuous pressure operation.

Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a
subdivision to read:

[A> SUBD. 7. ELEVATOR INSPECTION. "ELEVATOR INSPECTION" MEANS AN EXAMINATION
OF ELEVATOR INSTALLATIONS, REPAIRS, ALTERATIONS, REMOVAL, AND CONSTRUCTION FOR
COMPLIANCE WITH THE STATE BUILDING CODE THAT MAY INCLUDE WITNESSING TESTS
PERFORMED ON ELEVATORS BY ELEVATOR PERSONNEL, PERFORMING TESTS ON ELEVATORS, OR
AN AUDIT OF RECORDS RELATED TO ROUTINE AND PERIODIC MAINTENANCE AND TESTING, OR
ANY COMBINATION THEREOF WHEN PERFORMED BY THE DEPARTMENT OR A MUNICIPALITY
AUTHORIZED TO PERFORM SUCH INSPECTIONS. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a
subdivision to read:

[A> SUBD. 8. ELEVATOR INSPECTOR. "ELEVATOR INSPECTOR" MEANS AN INDIVIDUAL WHO
MEETS THE REQUIREMENTS ESTABLISHED PURSUANT TO SECTION 16B.748, CLAUSE (1), WHO
IS PERFORMING ELEVATOR INSPECTIONS FOR THE DEPARTMENT OR A MUNICIPALITY
AUTHORIZED TO PERFORM SUCH INSPECTIONS. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read:

16B.741 ELEVATOR [D> AVAILABLE FOR <D] INSPECTION [A> AND REPORTING <A] . [A>
SUBDIVISION 1. ELEVATOR AVAILABLE FOR INSPECTION. <A] A person [D> , firm,
entity, or corporation <D] that owns or controls a building or other structure
housing an elevator that is subject to inspection by the department, shall, upon
request, provide access at a reasonable hour to the elevator for purposes of
inspection.

[A> SUBD. 2. PERSONS REQUIRED TO REPORT. THE FOLLOWING PERSONS SHALL REPORT
THE INFORMATION SPECIFIED IN SUBDIVISION 3 TO THE COMMISSIONER BY JANUARY 1,
2008: <A]

[A> (A) ANY PERSON THAT, BETWEEN AUGUST 1, 2005, AND JULY 31, 2007, HAS
PROVIDED SERVICE, ALTERATION, REPAIR, OR MAINTENANCE TO ANY ELEVATOR LOCATED IN
MINNESOTA; <A]

[A> (B) ANY PERSON THAT, BETWEEN AUGUST 1, 2005, AND JULY 31, 2007, HAS
ENTERED INTO AN AGREEMENT TO PROVIDE SERVICE, ALTERATION, REPAIR, OR MAINTENANCE
TO ANY ELEVATOR LOCATED IN MINNESOTA; <A]

[A> (C) ANY PERSON THAT OWNS OR CONTROLS AN ELEVATOR LOCATED IN MINNESOTA
THAT, BETWEEN AUGUST 1, 2005, AND JULY 31, 2007, HAS NOT RECEIVED SERVICE,
ALTERATION, REPAIR, OR MAINTENANCE ON THE ELEVATOR; OR (D) ANY PERSON THAT OWNS
OR CONTROLS AN ELEVATOR LOCATED IN MINNESOTA THAT, BETWEEN AUGUST 1, 2005, AND
JULY 31, 2007, HAS NOT ENTERED INTO AN AGREEMENT TO RECEIVE SERVICE, ALTERATION,
REPAIR, OR MAINTENANCE ON THE ELEVATOR. <A]

[A> SUBD. 3. ELEVATOR LOCATION, TYPE, AND INSTALLATION DATE. ON A FORM
PRESCRIBED BY THE COMMISSIONER, THE PERSONS REQUIRED TO REPORT PURSUANT TO
SUBDIVISION 2 SHALL PROVIDE THE FOLLOWING: <A]

[A> (A) THE LOCATION OF EACH ELEVATOR; <A]

[A> (B) THE TYPE OF EACH ELEVATOR; AND <A]

[A> (C) THE DATE THE ELEVATOR WAS INSTALLED. <A]

[A> SUBD. 4. DEFINITION. AS USED IN THIS SECTION, "ELEVATOR" IS AS DEFINED IN
SECTION 16B.74, SUBDIVISION 5. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read:

16B.744 ELEVATORS, ENTRANCES SEALED. It shall be the duty of the department
[D> of Administration <D] and the licensing authority of any municipality which
adopts any such ordinance whenever it finds any such elevator under its
jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745
to seal the entrances of such elevator and attach a notice forbidding the use of
such elevator until the provisions thereof are complied with.

Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended
to read:

Subdivision 1. Removal of seal. No person, firm, or corporation may remove
any seal or notice forbidding the use of an elevator, except by authority of the
department [D> of Administration <D] or the licensing authority having
jurisdiction over the elevator, or operate an elevator after a notice has been
attached forbidding its use, unless the notice has been removed by authority of
the department [D> of Administration <D] or the licensing authority having
jurisdiction over the elevator.

Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended
to read:

Subd. 4. Penalties. The commissioner [D> of administration <D] shall
administer sections 16B.74 to 16B.749. In addition to the remedies provided for
violations of this chapter, the commissioner may impose a penalty of up to [D> $
1,000 <D] [A> $ 10,000 <A] for a violation of any provision of sections 16B.74
to 16B.749.

Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read:

16B.747 FEES FOR LICENSURE AND [D> INSPECTION <D] [A> PERMIT <A] .

Subdivision 1. Permits. No person [D> , firm, or corporation <D] may
construct, install, alter, or remove an elevator without first filing an
application for a permit with the department [D> of Administration <D] or a
municipality authorized by subdivision 3 to inspect elevators. [D> Upon
successfully completing inspection and the payment of the appropriate fee, the
owner must be granted an operating permit for the elevator. <D] [A> SUBD. 1A.
ANNUAL OPERATING PERMIT. NO PERSON MAY OPERATE AN ELEVATOR WITHOUT FIRST
OBTAINING AN ANNUAL OPERATING PERMIT FROM THE DEPARTMENT OR A MUNICIPALITY
AUTHORIZED BY SUBDIVISION 3 TO ISSUE ANNUAL OPERATING PERMITS. A $ 100 ANNUAL
OPERATING PERMIT FEE MUST BE PAID TO THE DEPARTMENT FOR EACH ANNUAL OPERATING
PERMIT ISSUED BY THE DEPARTMENT, EXCEPT THAT THE ORIGINAL ANNUAL OPERATING
PERMIT MUST BE INCLUDED IN THE PERMIT FEE FOR THE INITIAL INSTALLATION OF THE
ELEVATOR. ANNUAL OPERATING PERMITS MUST BE ISSUED AT 12-MONTH INTERVALS FROM THE
DATE OF THE INITIAL ANNUAL OPERATING PERMIT. FOR EACH SUBSEQUENT YEAR, AN OWNER
MUST BE GRANTED AN ANNUAL OPERATING PERMIT FOR THE ELEVATOR UPON THE OWNER'S OR
OWNER'S AGENT'S SUBMISSION OF A FORM PRESCRIBED BY THE COMMISSIONER AND PAYMENT
OF THE $ 100 FEE. EACH FORM MUST INCLUDE THE LOCATION OF THE ELEVATOR, THE
RESULTS OF ANY PERIODIC TEST REQUIRED BY THE CODE, AND ANY OTHER CRITERIA
ESTABLISHED BY RULE. AN ANNUAL OPERATING PERMIT MAY BE REVOKED BY THE
COMMISSIONER UPON AN AUDIT OF THE PERIODIC TESTING RESULTS SUBMITTED WITH THE
APPLICATION OR A FAILURE TO COMPLY WITH ELEVATOR CODE REQUIREMENTS, INSPECTIONS,
OR ANY OTHER LAW RELATED TO ELEVATORS. <A]

Subd. 2. Contractor licenses. The commissioner may establish criteria for
the qualifications of elevator contractors and issue licenses based upon proof
of the applicant's qualifications.

Subd. 3. Permissive municipal regulation. A municipality may conduct a system
of elevator inspection in conformity with this chapter, State Building Code
requirements, and adopted rules that includes the inspection of elevator
installation, repair, alteration, and removal, construction, [D> and the <D]
routine and periodic inspection and testing of existing elevators [A> , AND THE
ISSUANCE OF ANNUAL OPERATING PERMITS <A] . The municipality shall employ
inspectors meeting the minimum requirements established by Minnesota Rules to
perform the inspections and to witness the tests. A municipality may establish
and retain its own fees for inspection of elevators and related devices in its
jurisdiction. [A> A MUNICIPALITY MAY ESTABLISH AND RETAIN ITS OWN FEES FOR
ISSUANCE OF ANNUAL OPERATING PERMITS FOR ELEVATORS IN ITS JURISDICTION. <A] A
municipality may not adopt standards that do not conform to the uniform
standards prescribed by the department. If the commissioner determines that a
municipality is not properly administering and enforcing the law, rules, and
codes, the commissioner shall have the inspection, administration, and
enforcement undertaken by a qualified inspector employed by the department.

[D> Subd. 4. Deposit of fees. Fees received under this section must be
deposited in the state treasury and credited to the special revenue fund. <D]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read:

16B.748 RULES. The commissioner may adopt rules for the following purposes:

(1) to establish minimum qualifications for elevator inspectors that must
include possession of a current elevator constructor electrician's license
issued by the [D> State Board of Electricity <D] [A> DEPARTMENT <A] and proof of
successful completion of the national elevator industry education program
examination or equivalent experience;

[A> (2) TO ESTABLISH MINIMUM QUALIFICATIONS FOR LIMITED ELEVATOR INSPECTORS;
<A]

[D> (2) <D] [A> (3) <A] to establish criteria for the qualifications of
elevator contractors;

[D> (3) <D] [A> (4) <A] to establish elevator standards under sections
16B.61, subdivisions 1 and 2 , and 16B.64;

[D> (4) <D] [A> (5) <A] to establish procedures for appeals of decisions of
the commissioner under chapter 14 and procedures allowing the commissioner,
before issuing a decision, to seek advice from the elevator trade, building
owners or managers, and others knowledgeable in the installation, construction,
and repair of elevators; and

[D> (5) <D] [A> (6) <A] to establish requirements for the registration of all
elevators.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL
ENACTMENT. <A]

Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read:

16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.

Subdivision 1. Membership.

(a) The Construction Codes Advisory Council consists of the following
members:

(1) the commissioner [D> of administration <D] or the commissioner's designee
representing the department's [D> Building Codes and Standards <D] [A>
CONSTRUCTION CODES AND LICENSING <A] Division;

[D> (2) the commissioner of health or the commissioner's designee
representing an Environmental Health Section of the department; <D]

[D> (3) <D] [A> (2) <A] the commissioner of public safety or the [D>
commissioner's <D] [A> COMMISSIONER OF PUBLIC SAFETY'S <A] designee representing
the [D> department's <D] [A> DEPARTMENT OF PUBLIC SAFETY'S <A] State Fire
Marshal Division;

[D> (4) the commissioner of commerce or the commissioner's designee
representing the department's State Energy Office; and <D]

[D> (5) <D] [A> (3) <A] one member [D> representing <D] [A> , APPOINTED BY
THE COMMISSIONER, ENGAGED IN <A] each of the following occupations [D> or
entities, appointed by the commissioner of administration <D] [A> OR INDUSTRIES
<A] :

(i) [D> a <D] certified building [D> official <D] [A> OFFICIALS <A] ;

(ii) [D> a <D] fire [D> service representative <D] [A> CHIEFS OR FIRE
MARSHALS <A] ;

(iii) [D> a <D] licensed [D> architect <D] [A> ARCHITECTS <A] ;

(iv) [D> a <D] licensed [D> engineer <D] [A> PROFESSIONAL ENGINEERS <A] ;

(v) [D> a building owners and managers representative <D] [A> COMMERCIAL
BUILDING OWNERS AND MANAGERS <A] ;

(vi) [D> a <D] [A> THE <A] licensed residential building [D> contractor <D]
[A> INDUSTRY <A] ;

(vii) [D> a <D] [A> THE <A] commercial building [D> contractor <D] [A>
INDUSTRY <A] ;

(viii) [D> a <D] [A> THE <A] heating and ventilation [D> contractor <D] [A>
INDUSTRY <A] ;

(ix) a [A> MEMBER OF THE <A] Plumbing [D> contractor <D] [A> BOARD <A] ;

(x) a [D> representative of a construction and building trades union; and <D]
[A> MEMBER OF THE BOARD OF ELECTRICITY; <A]

[D> (xi) a local unit of government representative. <D]

[A> (XI) A MEMBER OF THE BOARD OF HIGH PRESSURE PIPING SYSTEMS; <A]

[A> (XII) THE BOILER INDUSTRY; <A]

[A> (XIII) THE MANUFACTURED HOUSING INDUSTRY; <A]

[A> (XIV) PUBLIC UTILITY SUPPLIERS; <A]

[A> (XV) THE MINNESOTA BUILDING AND CONSTRUCTION TRADES COUNCIL; AND <A]

[A> (XVI) LOCAL UNITS OF GOVERNMENT. <A]

(b) [A> THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE REPRESENTING THE
DEPARTMENT'S CONSTRUCTION CODES AND LICENSING DIVISION SHALL SERVE AS CHAIR OF
THE ADVISORY COUNCIL. <A] For members who are not state officials or employees,
[D> terms <D] , compensation [D> , <D] [A> AND <A] removal [D> , and the filling
of vacancies <D] [A> OF MEMBERS OF THE ADVISORY COUNCIL <A] are governed by
section 15.059 . [D> The council shall select one of its members to serve as
chair. <D] [A> THE TERMS OF THE MEMBERS OF THE ADVISORY COUNCIL SHALL BE FOUR
YEARS. THE TERMS OF EIGHT OF THE APPOINTED MEMBERS SHALL BE COTERMINOUS WITH
THE GOVERNOR AND THE TERMS OF THE REMAINING NINE APPOINTED MEMBERS SHALL END ON
THE FIRST MONDAY IN JANUARY ONE YEAR AFTER THE TERMS OF THE OTHER APPOINTED
MEMBERS EXPIRE. AN APPOINTED MEMBER MAY BE REAPPOINTED. EACH COUNCIL MEMBER
SHALL APPOINT AN ALTERNATE TO SERVE IN THEIR ABSENCE. THE COMMITTEE IS NOT
SUBJECT TO THE EXPIRATION PROVISION OF SECTION 15.059, SUBDIVISION 5. <A]

[D> (c) The council expires June 30, 2003. <D] Subd. 2. Duties of council.
The council shall review laws, codes, rules, standards, and licensing
requirements relating to building construction and may:

(1) recommend ways to eliminate inconsistencies, to streamline construction
regulation and construction [D> processes <D] [A> PROCEDURES <A] , and to
improve procedures within and among jurisdictions;

(2) review and comment on current and proposed laws and rules to promote
coordination and consistency;

(3) advise agencies on possible changes in rules to make them easier to
understand and apply; and

(4) promote the coordination, within each jurisdiction, of the administration
and enforcement of construction codes. [A> THE COUNCIL SHALL MEET A MINIMUM OF
FOUR TIMES EACH YEAR. <A] The council shall report its findings and
recommendations to the commissioner [D> of administration and the head of any
other affected agency by the end of each calendar year <D] . The council [D> may
<D] [A> SHALL <A] recommend changes in laws or rules governing building
construction. The council [D> may <D] [A> SHALL <A] establish subcommittees to
facilitate its work. If the council establishes subcommittees, it shall include
in their memberships representation from entities and organizations expressing
an interest in membership. The commissioner [D> of administration <D] shall
maintain a list of interested entities and organizations.

Subd. 3. Agency cooperation. State agencies and local governmental units
shall cooperate with the council and, so far as possible, provide information or
assistance to it upon its request. The commissioner [D> of administration <D]
shall provide necessary staff and administrative support to the council.

Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read:

326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.

(a) A person contracting to do gas, heating, ventilation, cooling, air
conditioning, fuel burning, or refrigeration work must give bond to the state in
the amount of $ 25,000 for all work entered into within the state. The bond must
be for the benefit of persons suffering financial loss by reason of the
contractor's failure to comply with the requirements of the State Mechanical
Code. A bond given to the state must be filed with the commissioner [D> of
administration <D] and is in lieu of all other bonds to any political
subdivision required for work covered by this section. The bond must be written
by a corporate surety licensed to do business in the state.

(b) The commissioner [D> of administration <D] may charge each person giving
bond under this section an annual bond filing fee of $ 15. [D> The money must be
deposited in a special revenue fund and is appropriated to the commissioner to
cover the cost of administering the bond program. <D]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended
to read:

Subd. 2. Authorized representative. "Authorized representative" means any
person, firm or corporation, or employee thereof, approved or hired by the
commissioner [A> OF LABOR AND INDUSTRY <A] to perform inspection services.

Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended
to read:

Subd. 3. Manufactured Home Building Code. "Manufactured Home Building Code"
means, for manufactured homes manufactured after July 1, 1972, and prior to June
15, 1976, the standards code promulgated by the American National Standards
Institute and identified as ANSI A119.1, including all revisions thereof in
effect on May 21, 1971, or the provisions of the National Fire Protection
Association and identified as NFPA 501B, and further revisions adopted by the
commissioner [A> OF LABOR AND INDUSTRY <A] . "Manufactured Home Building Code"
means, for manufactured homes constructed after June 14, 1976, the manufactured
home construction and safety standards promulgated by the United States
Department of Housing and Urban Development which are in effect at the time of
the manufactured home's manufacture.

Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended
to read:

Subd. 4. Commissioner. "Commissioner" means the commissioner of [D>
administration <D] [A> LABOR AND INDUSTRY <A] .

Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a
subdivision to read:

[A> SUBD. 6A. INDIVIDUAL. "INDIVIDUAL" MEANS A HUMAN BEING. <A]

Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended
to read:

Subd. 7. Person. "Person" means [D> a person, partnership, corporation or
other legal entity <D] [A> ANY INDIVIDUAL, LIMITED LIABILITY COMPANY,
CORPORATION, PARTNERSHIP, INCORPORATED OR UNINCORPORATED ASSOCIATION, SOLE
PROPRIETORSHIP, JOINT STOCK COMPANY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY <A]
.

Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended
to read:

Subd. 15. Purchaser. "Purchaser" means the first [D> person <D] [A>
INDIVIDUAL <A] purchasing a manufactured home in good faith for purposes other
than resale.

Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended
to read:

Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer
shall establish and maintain records, make reports, and provide information as
the commissioner or the secretary may reasonably require to be able to determine
whether the manufacturer, distributor, or dealer has acted or is acting in
compliance with sections 327.31 to 327.35, and shall, upon request of a person
duly designated by the commissioner or the secretary, permit that person to
inspect appropriate books, papers, records, and documents relevant to
determining whether that manufacturer, distributor, or dealer has acted or is
acting in compliance with sections 327.31 to 327.35, and the National
Manufactured Home Construction and Safety Standards Act of 1974, United States
Code, title 42, section 5401, et seq., as amended [A> BY THE NATIONAL
MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS ACT, TITLE VI,
MANUFACTURED HOUSING IMPROVEMENT ACT OF 2000 <A] , or other applicable federal
or state law.

Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended
to read:

Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for
seals, installation seals and inspections which are sufficient to cover all
costs incurred in the administration of sections 327.31 to 327.35. The
commissioner shall also establish by rule a monitoring inspection fee in an
amount that will comply with the secretary's fee distribution program. This
monitoring inspection fee shall be an amount paid by the manufacturer for each
manufactured home produced in Minnesota. The monitoring inspection fee shall be
paid by the manufacturer to the secretary. The rules of the fee distribution
program require the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and conditionally approved
based on the number of new manufactured homes whose first location after leaving
the manufacturer is on the premises of a distributor, dealer or purchaser in
that state. [D> All money collected by the commissioner through fees prescribed
by sections 327.31 to 327.36 shall be deposited in the state government special
revenue fund and is appropriated to the commissioner for the purpose of
administering and enforcing the Manufactured Home Building Code under sections
327.31 to 327.36 . <D]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended
to read:

Subd. 6. Authorization as agency. The commissioner shall apply to the
secretary for approval of the commissioner as the administrative agency for the
regulation of manufactured homes under the rules of the secretary. The
commissioner may make rules for the administration and enforcement of department
responsibilities as a state administrative agency including, but not limited to,
rules for the handling of citizen's complaints. All money received for services
provided by the commissioner or the department's authorized agents as a state
administrative agency shall be deposited in the [D> general <D] [A> CONSTRUCTION
CODE <A] fund. The commissioner is charged with the adoption, administration,
and enforcement of the Manufactured Home Construction and Safety Standards,
consistent with rules and regulations promulgated by the United States
Department of Housing and Urban Development. The commissioner may adopt the
rules, codes, and standards necessary to enforce the standards promulgated under
this section. The commissioner is authorized to conduct hearings and
presentations of views consistent with regulations adopted by the United States
Department of Housing and Urban Development and to adopt rules in order to carry
out this function.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 38. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended
to read:

Subd. 7. Employees. The commissioner may appoint such employees within the
Department of [D> Administration <D] [A> LABOR AND INDUSTRY <A] as deemed
necessary for the administration of sections 327.31 to 327.35.

Sec. 39. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended
to read:

Subd. 3. Removal of seals. Manufactured home seals remain the property of the
Department of [D> Administration <D] [A> LABOR AND INDUSTRY <A] and may be
removed by the commissioner from any manufactured home which is in violation of
the Manufactured Home Building Code.

Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended
to read:

Subdivision 1. [D> Civil <D] [A> MONETARY <A] penalty. [A> NOTWITHSTANDING
THE PENALTY AMOUNT OF SECTION 326B.082, SUBDIVISIONS 7 AND 12, <A] any person
who violates any provision of this section is liable to the state of Minnesota
for a [D> civil <D] [A> MONETARY <A] penalty of not to exceed $ 1,000 for each
[D> offense <D] [A> VIOLATION <A] . Each violation involving a separate
manufactured home or involving a separate failure or refusal to allow or perform
any act required by this section constitutes a separate [D> offense <D] [A>
VIOLATION <A] , except that the maximum [D> civil <D] [A> MONETARY <A] penalties
for any related series of violations occurring within one year from the date of
the first violation may not exceed $ 1,000,000.

Sec. 41. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended
to read:

Subd. 2. Willful violations. Any individual or a director, officer, or agent
of a corporation who knowingly and willfully violates any provision of this
section in a manner which threatens the health or safety of any purchaser shall
be [D> fined not more than $ 3,000 or imprisoned not more than one year, or both
<D] [A> GUILTY OF A GROSS MISDEMEANOR <A] .

Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended
to read:

Subd. 4. Commissioner. "Commissioner" means the commissioner of [D>
administration <D] [A> LABOR AND INDUSTRY <A] .

Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended
to read:

Subd. 5. Consumer customer. "Consumer customer" means any [D> natural person
<D] [A> INDIVIDUAL <A] who, primarily for personal, household or family
purposes, buys, sells, or seeks to buy or sell, a manufactured home from, to or
through a dealer or manufacturer.

Sec. 44. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended
to read:

Subd. 7. Dealer [A> OR RETAILER <A] . "Dealer" [A> OR "RETAILER" <A] means
any person who engages in the business, either exclusively or in addition to any
other occupation, of selling or brokering manufactured homes, new or used, or
who offers to sell, solicit, broker or advertise the sale of manufactured homes,
new or used.

Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:

[A> SUBD. 10A. INDIVIDUAL. "INDIVIDUAL" MEANS A HUMAN BEING. <A]

Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:

[A> SUBD. 11A. LICENSEE. "LICENSEE" MEANS A PERSON WHO IS LICENSED AS A
DEALER, LIMITED DEALER, OR MANUFACTURER BY THE DEPARTMENT OF LABOR AND INDUSTRY.
<A]

Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:

[A> SUBD. 11B. LIMITED DEALER OR LIMITED RETAILER. "LIMITED DEALER" OR
"LIMITED RETAILER" MEANS ANY PERSON WHO IS AN OWNER OF A MANUFACTURED HOME PARK
AUTHORIZED, AS PRINCIPAL ONLY, TO ENGAGE IN THE SALE, OFFERING FOR SALE,
SOLICITING, OR ADVERTISING THE SALE OF USED MANUFACTURED HOMES LOCATED IN THE
OWNED MANUFACTURED HOME PARK, WHO IS THE TITLE HOLDER AND ENGAGES IN NO MORE
THAN TEN SALES ANNUALLY. <A]

Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:

[A> SUBD. 14A. MANUFACTURING FACILITY. "MANUFACTURING FACILITY" MEANS THE
PHYSICAL SITE WHERE A MANUFACTURER ENGAGES IN THE BUSINESS OF MANUFACTURE,
ASSEMBLY, OR PRODUCTION OF MANUFACTURED HOMES. <A]

Sec. 49. Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:

[A> SUBD. 16A. OWNER. "OWNER" MEANS ANY PERSON HOLDING TITLE TO A
MANUFACTURED HOME PARK OR MANUFACTURED HOMES. <A]

Sec. 50. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended
to read:

Subd. 17. Person. "Person" means any individual, [A> LIMITED LIABILITY
COMPANY, <A] corporation, firm, partnership, incorporated and unincorporated
association, [A> SOLE PROPRIETORSHIP, JOINT STOCK COMPANY, <A] or any other
legal or commercial entity.

Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended
to read:

Subdivision 1. License [D> and <D] [A> , <A] bond [A> , AND LIABILITY
INSURANCE <A] required. No person shall act as a dealer in manufactured homes,
new or used, without a license [D> and <D] [A> , <A] a surety bond [A> , AND
LIABILITY INSURANCE <A] as provided in this section. No person shall manufacture
manufactured homes without a license [D> and <D] [A> FOR EACH MANUFACTURING
FACILITY SHIPPING INTO OR LOCATED WITHIN MINNESOTA'S BOUNDARIES, <A] a surety
bond [A> , AND LIABILITY INSURANCE <A] as provided in this section. The
licensing and bonding requirements of this section do not apply to any bank,
savings bank, savings association, or credit union, chartered by either this
state or the federal government, which acts as a dealer only by repossessing
manufactured homes and then offering the homes for resale.

Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended
to read:

Subd. 4. License prerequisites. No application shall be granted nor license
issued until the applicant proves to the commissioner that:

(a) the applicant has a permanent, established place of business at each
licensed location. An "established place of business" means a permanent enclosed
building other than a residence, or a commercial office space, either owned by
the applicant or leased by the applicant for a term of at least one year,
located in an area where zoning regulations allow commercial activity, and where
the books, records and files necessary to conduct the business are kept and
maintained. The owner of a licensed manufactured home park who resides in or
adjacent to the park may use the residence as the established place of business
required by this subdivision, unless prohibited by local zoning ordinance. If a
license is granted, the licensee may use unimproved lots and premises for sale,
storage, and display of manufactured homes, if the licensee first notifies the
commissioner in writing;

(b) if the applicant desires to sell, solicit or advertise the sale of new
manufactured homes, it has a bona fide contract or franchise in effect with a
manufacturer or distributor of the new manufactured home it proposes to deal in;

(c) the applicant has secured [A> : <A]

[A> (1) <A] a surety bond in the amount of $ 20,000 [A> FOR THE AGENCY AND
EACH SUBAGENCY LOCATION THAT BEARS THE APPLICANT'S NAME AND THE NAME UNDER WHICH
THE APPLICANT WILL BE LICENSED AND DO BUSINESS IN THIS STATE. EACH BOND IS <A]
for the protection of consumer customers, [A> AND MUST BE <A] executed by the
applicant as principal and issued by a surety company admitted to do business in
this state. [D> The <D] [A> EACH <A] bond shall be exclusively for the purpose
of reimbursing consumer customers and shall be conditioned upon the faithful
compliance by the applicant with all of the laws and rules of this state
pertaining to the applicant's business as a dealer or manufacturer, including
sections 325D.44 , 325F.67 and 325F.69, and upon the applicant's faithful
performance of all its legal obligations to consumer customers; [A> AND <A]

[A> (2) A CERTIFICATE OF LIABILITY INSURANCE IN THE AMOUNT OF $ 1,000,000
THAT PROVIDES COVERAGE FOR THE AGENCY AND EACH SUBAGENCY LOCATION; <A]

(d) the applicant has established a trust account as required by section
327B.08, subdivision 3 , unless the applicant states in writing its intention to
limit its business to selling, offering for sale, soliciting or advertising the
sale of new manufactured homes; and

(e) the applicant has provided evidence of having had at least two years'
prior experience in the sale of manufactured homes, working for a licensed
dealer.

Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended
to read:

Subd. 6. Certificate of license. For each license granted the commissioner
shall issue a certificate which includes the name of the licensee, the name of
the surety company and the amount of the surety bond, [A> AND THE INSURANCE
UNDERWRITER AND POLICY NUMBER, <A] the names and addresses of any related
principal or subagencies, and a license number.

Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended
to read:

Subd. 7. Fees; licenses; when granted. Each application for a license or
license renewal must be accompanied by a fee in an amount established by the
commissioner by rule pursuant to section 327B.10. The fees shall be set in an
amount which over the fiscal biennium will produce revenues approximately equal
to the expenses which the commissioner expects to incur during that fiscal
biennium while administering and enforcing sections 327B.01 to 327B.12. [D> All
money collected by the commissioner through fees prescribed in sections 327B.01
to 327B.12 shall be deposited in the state government special revenue fund and
is appropriated to the commissioner for purposes of administering and enforcing
the provisions of this chapter. <D] The commissioner shall grant or deny a
license application or a renewal application within 60 days of its filing. If
the license is granted, the commissioner shall license the applicant as a dealer
or manufacturer for the remainder of the calendar year. Upon application by the
licensee, the commissioner shall renew the license for a two year period, if:

(a) the renewal application satisfies the requirements of subdivisions 3 and
4;

(b) the renewal applicant has made all listings, registrations, notices and
reports required by the commissioner during the preceding year; and

(c) the renewal applicant has paid all fees owed pursuant to sections 327B.01
to 327B.12 and all taxes, arrearages, and penalties owed to the state.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended
to read:

Subd. 8. Limited dealer's license. The commissioner shall issue a limited
dealer's license to an owner of a manufactured home park authorizing the
licensee as principal only to engage in the sale, offering for sale, soliciting,
or advertising the sale of used manufactured homes located in the owned
manufactured home park. The licensee must be the title holder of the homes and
may engage in no more than ten sales annually. An owner may, upon payment of the
applicable fee and compliance with this subdivision, obtain a separate license
for each owned manufactured home park and is entitled to sell up to ten homes
per license provided that only one limited dealer license may be issued for each
park. The license shall be issued after:

(1) receipt of an application on forms provided by the commissioner
containing the following information:

(i) the identity of the applicant;

(ii) the name under which the applicant will be licensed and do business in
this state;

(iii) the name and address of the owned manufactured home park, including a
copy of the park license, serving as the basis for the issuance of the license;
[D> and <D]

(iv) the name, home, and business address of the applicant;

[A> (V) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ONE INDIVIDUAL THAT IS
DESIGNATED BY THE APPLICANT TO RECEIVE ALL COMMUNICATIONS AND COOPERATE WITH ALL
INSPECTIONS AND INVESTIGATIONS OF THE COMMISSIONER PERTAINING TO THE SALE OF
MANUFACTURED HOMES IN THE MANUFACTURED HOME PARK OWNED BY THE APPLICANT; <A]

[A> (VI) WHETHER THE APPLICANT OR ITS DESIGNATED INDIVIDUAL HAS BEEN
CONVICTED OF A CRIME WITHIN THE PREVIOUS TEN YEARS THAT IS EITHER RELATED
DIRECTLY TO THE BUSINESS FOR WHICH THE LICENSE IS SOUGHT OR INVOLVED FRAUD,
MISREPRESENTATION OR MISUSE OF FUNDS, OR HAS SUFFERED A JUDGMENT IN A CIVIL
ACTION INVOLVING FRAUD, MISREPRESENTATION, OR CONVERSION WITHIN THE PREVIOUS
FIVE YEARS OR HAS HAD ANY GOVERNMENT LICENSE OR PERMIT SUSPENDED OR REVOKED AS A
RESULT OF AN ACTION BROUGHT BY A FEDERAL OR STATE GOVERNMENTAL AGENCY IN THIS OR
ANY OTHER STATE WITHIN THE LAST FIVE YEARS; AND <A]

[A> (VII) THE APPLICANT'S QUALIFICATIONS AND BUSINESS HISTORY, INCLUDING
WHETHER THE APPLICANT OR ITS DESIGNATED INDIVIDUAL HAS EVER BEEN ADJUDGED
BANKRUPT OR INSOLVENT, OR HAS ANY UNSATISFIED COURT JUDGMENTS OUTSTANDING
AGAINST IT OR THEM; <A]

(2) payment of a $ 100 annual fee; and

(3) provision of a surety bond in the amount of $ 5,000. A separate surety
bond must be provided for each limited license. The applicant need not comply
with section 327B.04, subdivision 4, paragraph (e). The holding of a limited
dealer's license does not satisfy the requirement contained in section 327B.04,
subdivision 4, paragraph (e), for the licensee or salespersons with respect to
obtaining a dealer license. The commissioner may, upon application for a renewal
of a license, require only a verification that copies of sales documents have
been retained and payment of a $ 100 renewal fee. "Sales documents" mean only
the safety feature disclosure form defined in section 327C.07, subdivision 3a,
title of the home, financing agreements, and purchase agreements. The license
holder shall, upon request of the commissioner, make available for inspection
during business hours sales documents required to be retained under this
subdivision.

Sec. 56. Minnesota Statutes 2006, section 327B.04, is amended by adding a
subdivision to read:

[A> SUBD. 8A. SERVICE. SERVICE OF A DOCUMENT ON A LIMITED DEALER LICENSED
UNDER THIS SECTION MAY BE EFFECTED BY MAIL TO OR BY PERSONAL SERVICE ON: <A]

[A> (1) THE LICENSEE AT THE LICENSEE'S LAST KNOWN ADDRESS; OR <A]

[A> (2) THE INDIVIDUAL DESIGNATED BY THE LICENSEE AT THAT INDIVIDUAL'S LAST
KNOWN ADDRESS. <A]

Sec. 57. [A> (327B.042) NOTICE TO COMMISSIONER. <A]

[A> SUBDIVISION 1. NOTIFICATION. A PERSON LICENSED AS A DEALER, LIMITED
DEALER, OR MANUFACTURER SHALL NOTIFY THE COMMISSIONER OF THE OCCURRENCE OF ANY
OF THE EVENTS IN SUBDIVISIONS 2 TO 5. <A]

[A> SUBD. 2. CHANGE IN APPLICATION INFORMATION. A LICENSEE SHALL NOTIFY THE
COMMISSIONER IN WRITING WITHIN TEN DAYS OF THE CHANGE OF ANY CHANGE IN
INFORMATION CONTAINED IN THE MOST RECENT LICENSE APPLICATION ON FILE WITH THE
COMMISSIONER, WHICH SHALL INCLUDE ANY CHANGE IN THE INFORMATION PERTAINING TO
THE INDIVIDUAL DESIGNATED UNDER SECTION 327B.04, SUBDIVISION 8, CLAUSE (1), ITEM
(VI). <A]

[A> SUBD. 3. CIVIL JUDGMENT. A LICENSEE SHALL NOTIFY THE COMMISSIONER IN
WRITING WITHIN TEN DAYS OF ANY DECISION OF A COURT REGARDING A PROCEEDING IN
WHICH THE LICENSEE WAS NAMED AS A DEFENDANT, AND IN WHICH FRAUD,
MISREPRESENTATION, OR THE CONVERSION OF FUNDS WAS FOUND TO HAVE BEEN COMMITTED
BY THE LICENSEE. <A]

[A> SUBD. 4. DISCIPLINARY ACTION IN ANOTHER STATE. A LICENSEE SHALL NOTIFY
THE COMMISSIONER IN WRITING WITHIN TEN DAYS OF THE CONDITION, REPRIMAND,
CENSURE, LIMITATION, SUSPENSION, OR REVOCATION OF ANY OTHER PROFESSIONAL OR
OCCUPATIONAL LICENSE, REGISTRATION, PERMIT, OR CERTIFICATE HELD BY THE LICENSEE
IN THIS OR ANY OTHER STATE, OR ANY OTHER UNITED STATES JURISDICTION. <A]

[A> SUBD. 5. CRIMINAL OFFENSE. A LICENSEE SHALL NOTIFY THE COMMISSIONER IN
WRITING WITHIN TEN DAYS IF THE LICENSEE IS FOUND GUILTY OF A FELONY, GROSS
MISDEMEANOR, MISDEMEANOR, OR ANY COMPARABLE OFFENSE RELATED TO MANUFACTURED HOME
SALES, IMPROPER BUSINESS PRACTICES, FRAUD, MISREPRESENTATION, MISUSE OF FUNDS,
OR VIOLATION OF THE CONSUMER LAWS IN THIS OR ANY OTHER STATE, OR ANY OTHER
UNITED STATES JURISDICTION. <A]

Sec. 58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended
to read:

Subdivision 1. Grounds. [A> IN ADDITION TO THE GROUNDS IN SECTION 326B.082,
SUBDIVISION 11, <A] the commissioner may by order deny, suspend [A> , LIMIT,
PLACE CONDITIONS ON, <A] or revoke [D> any <D] [A> THE APPLICATION OR <A]
license [D> on finding (1) that the order is in the public interest and (2) that
the <D] [A> OF ANY <A] applicant or licensee or any of its directors, officers,
limited or general partners, controlling shareholders [A> , <A] or affiliates
[A> FOR ANY OF THE FOLLOWING GROUNDS <A] :

[D> (a) has filed an application for a license or a license renewal which
fails to disclose any material information or contains any statement which is
false or misleading with respect to any material fact; <D]

[D> (b) <D] [A> (A) <A] has violated any of the provisions of sections
327B.01 to 327B.12 or any rule or order issued by the commissioner or any prior
law providing for the licensing of manufactured home dealers or manufacturers;

[D> (c) <D] [A> (B) <A] has had a previous manufacturer or dealer license
revoked in this or any other state;

[D> (d) <D] [A> (C) <A] has engaged in acts or omissions which have been
adjudicated or amount to a violation of any of the provisions of section
325D.44, 325F.67 or 325F.69;

[D> (e) <D] [A> (D) <A] has sold or brokered the sale of a home containing a
material violation of sections 327.31 to 327.35 about which the dealer knew or
which should have been obvious to a reasonably prudent dealer;

[D> (f) <D] [A> (E) <A] has failed to make or provide all listings, notices
and reports required by the commissioner;

[D> (g) <D] [A> (F) <A] has failed to pay a civil penalty assessed under
subdivision 5 within ten days after the assessment becomes final;

[D> (h) <D] [A> (G) <A] has failed to pay to the commissioner or other
responsible government agency all taxes, fees and arrearages due;

[D> (i) <D] [A> (H) <A] has failed to duly apply for license renewal;

[D> (j) <D] [A> (I) <A] has violated any applicable manufactured home
building or safety code;

[D> (k) <D] [A> (J) <A] has failed or refused to honor any express or implied
warranty as provided in section 327B.03;

[D> (l) <D] [A> (K) <A] has failed to continuously occupy a permanent,
established place of business licensed under section 327B.04;

[D> (m) <D] [A> (L) <A] has, without first notifying the commissioner, sold a
new and unused manufactured home other than the make of manufactured home
described in a franchise or contract filed with the application for license or
license renewal;

[D> (n) <D] [A> (M) <A] has wrongfully failed to deliver a certificate of
title to a person entitled to it;

[D> (o) <D] [A> (N) <A] is insolvent or bankrupt;

[D> (p) <D] [A> (O) <A] holds an impaired or canceled bond;

[D> (q) <D] [A> (P) <A] has failed to notify the commissioner of bankruptcy
proceedings within ten days after a petition in bankruptcy has been filed by or
against the dealer or manufacturer;

[D> (r) <D] [A> (Q) <A] has, within the previous ten years, been convicted of
a crime that either related directly to the business of the dealer or
manufacturer or involved fraud, misrepresentation or misuse of funds;

[D> (s) <D] [A> (R) <A] has suffered a judgment within the previous five
years in a civil action involving fraud, misrepresentation or misuse of funds;
or

[D> (t) <D] [A> (S) <A] has failed to reasonably supervise any employee or
agent of the dealer or manufacturer, resulting in injury or harm to the public.
The commissioner may establish rules pursuant to section 327B.10 further
specifying, defining or establishing standards of conduct for manufactured home
dealers and manufacturers.

Sec. 59. Minnesota Statutes 2006, section 327B.10, is amended to read:

327B.10 RULEMAKING AUTHORITY. The commissioner may promulgate rules and issue
orders reasonably necessary to implement and administer the provisions of
sections 327B.01 to 327B.12. [A> THE COMMISSIONER SHALL ADOPT RULES ESTABLISHING
AND APPROVING EDUCATION PROGRAMS FOR MANUFACTURED HOME INSTALLERS. EACH
MANUFACTURED HOME INSTALLER MUST SATISFACTORILY COMPLETE THE CONTINUING
EDUCATION REQUIREMENTS ESTABLISHED BY THE COMMISSIONER IN RULE. <A]

Sec. 60. [A> INCORPORATING ADAPTABILITY DESIGN ELEMENTS; REPORT. THE
COMMISSIONER OF LABOR AND INDUSTRY SHALL EXPLORE THE POSSIBILITY OF
INCORPORATING THE ADAPTABILITY DESIGN ELEMENTS IN THE STATE BUILDING CODE FOR
THE FOLLOWING INTERNATIONAL RESIDENTIAL CODES (IRC) AND INTERNATIONAL BUILDING
CODES (IBC): <A]

[A> (1) IRC-1; <A]

[A> (2) IRC-2; <A]

[A> (3) IRC-3; <A]

[A> (4) IBC R-2; AND <A]

[A> (5) IBC R-3. THE COMMISSIONER SHALL REPORT BACK TO THE LEGISLATIVE
COMMITTEES HAVING JURISDICTION OVER THESE ISSUES BY JANUARY 15, 2008. <A]

Sec. 61. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
EACH SECTION OF MINNESOTA STATUTES LISTED IN COLUMN A WITH THE NUMBER LISTED IN
COLUMN B. THE REVISOR SHALL ALSO MAKE NECESSARY CROSS-REFERENCE CHANGES
CONSISTENT WITH THE RENUMBERING. <A]

[A> COLUMN A COLUMN B <A]

[A> 16B.59 326B.101 <A]

[A> 16B.60, SUBD. 1 326B.103, SUBD. 1 <A]

[A> 16B.60, SUBD. 2 326B.103, SUBD. 4 <A]

[A> 16B.60, SUBD. 3 326B.103, SUBD. 9 <A]

[A> 16B.60, SUBD. 4 326B.103, SUBD. 5 <A]

[A> 16B.60, SUBD. 5 326B.103, SUBD. 3 <A]

[A> 16B.60, SUBD. 6 326B.103, SUBD. 11 <A]

[A> 16B.60, SUBD. 7 326B.103, SUBD. 10 <A]

[A> 16B.60, SUBD. 8 326B.103, SUBD. 12 <A]

[A> 16B.60, SUBD. 9 326B.103, SUBD. 8 <A]

[A> 16B.60, SUBD. 10 326B.103, SUBD. 7 <A]

[A> 16B.60, SUBD. 11 326B.103, SUBD. 13 <A]

[A> 16B.60, SUBD. 12 326B.103, SUBD. 6 <A]

[A> 16B.60, SUBD. 13 326B.103, SUBD. 2 <A]

[A> 16B.61 326B.106 <A]

[A> 16B.615 326B.109 <A]

[A> 16B.616 326B.112 <A]

[A> 16B.617 326B.115 <A]

[A> 16B.6175 326B.118 <A]

[A> 16B.62 326B.121 <A]

[A> 16B.625 326B.124 <A]

[A> 16B.63 326B.127 <A]

[A> 16B.64 326B.13 <A]

[A> 16B.65 326B.133 <A]

[A> 16B.66 326B.136 <A]

[A> 16B.67 326B.139 <A]

[A> 16B.68 326B.142 <A]

[A> 16B.685 326B.145 <A]

[A> 16B.70 326B.148 <A]

[A> 16B.71 326B.151 <A]

[A> 16B.72 326B.154 <A]

[A> 16B.73 326B.157 <A]

[A> 16B.735 326B.16 <A]

[A> 16B.74 326B.163 <A]

[A> 16B.741 326B.166 <A]

[A> 16B.742 326B.169 <A]

[A> 16B.743 326B.172 <A]

[A> 16B.744 326B.175 <A]

[A> 16B.745 326B.178 <A]

[A> 16B.746 326B.181 <A]

[A> 16B.747 326B.184 <A]

[A> 16B.748 326B.187 <A]

[A> 16B.749 326B.191 <A]

[A> 16B.75 326B.194 <A]

[A> 16B.76 326B.07 <A]

[A> 326.992 326B.197 <A]

ARTICLE 5

ELECTRICAL

Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended
to read:

Subd. 2. Class A master electrician. [D> The term <D] "Class A master
electrician" means [D> a person <D] [A> AN INDIVIDUAL <A] having the necessary
qualifications, training, experience, and technical knowledge to [D> install,
alter, repair, plan, lay out, and supervise the installing, altering, and
repairing of electrical wiring, apparatus, and equipment for light, heat, power,
and other purposes <D] [A> PERFORM AND SUPERVISE ANY ELECTRICAL WORK, AND <A]
who is licensed as [D> such <D] [A> A CLASS A MASTER ELECTRICIAN <A] by the [D>
Board of Electricity <D] [A> COMMISSIONER <A] .

Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to
read:

Subd. 3. Class A journeyman electrician. [D> The term <D] "Class A journeyman
electrician" means [D> a person <D] [A> AN INDIVIDUAL <A] having the necessary
qualifications, training, experience, and technical knowledge to [D> install,
alter, repair, and supervise the installing, altering, or repairing of
electrical wiring, apparatus, and equipment for light, heat, power, and other
purposes <D] [A> PERFORM AND SUPERVISE ANY ELECTRICAL WORK EXCEPT FOR PLANNING
OR LAYING OUT OF ELECTRICAL WORK, AND <A] who is licensed as [D> such <D] [A> A
CLASS A JOURNEYMAN ELECTRICIAN <A] by the [D> Board of Electricity <D] [A>
COMMISSIONER <A] .

Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:

[A> SUBD. 4A. ELEVATOR CONSTRUCTOR. "ELEVATOR CONSTRUCTOR" MEANS AN
INDIVIDUAL HAVING THE NECESSARY QUALIFICATIONS, TRAINING, EXPERIENCE, AND
TECHNICAL KNOWLEDGE TO WIRE FOR, INSTALL, MAINTAIN, AND REPAIR ELECTRICAL
WIRING, APPARATUS, AND EQUIPMENT FOR ELEVATORS AND ESCALATORS AND WHO IS
LICENSED AS AN ELEVATOR CONSTRUCTOR BY THE COMMISSIONER. <A]

Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:

[A> SUBD. 4B. ELEVATOR CONTRACTOR. "ELEVATOR CONTRACTOR" MEANS A LICENSED
CONTRACTOR WHOSE RESPONSIBLE LICENSED INDIVIDUAL IS A LICENSED MASTER ELEVATOR
CONSTRUCTOR. AN ELEVATOR CONTRACTOR LICENSE DOES NOT ITSELF QUALIFY ITS HOLDER
TO PERFORM OR SUPERVISE THE ELECTRICAL OR ELEVATOR WORK AUTHORIZED BY HOLDING
ANY OTHER PERSONAL LICENSE ISSUED BY THE COMMISSIONER. <A]

Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:

[A> SUBD. 4C. LINEMAN. "LINEMAN" MEANS AN INDIVIDUAL HAVING THE NECESSARY
QUALIFICATIONS, TRAINING, EXPERIENCE, AND TECHNICAL KNOWLEDGE TO CONSTRUCT AND
MAINTAIN TRANSMISSION AND DISTRIBUTION SYSTEMS THAT ARE OR WILL BE OWNED OR
LEASED BY AN ELECTRICAL UTILITY, AND WHO IS LICENSED AS A LINEMAN BY THE
COMMISSIONER. <A]

Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:

[A> SUBD. 4D. MAINTENANCE ELECTRICIAN. "MAINTENANCE ELECTRICIAN" MEANS AN
INDIVIDUAL HAVING THE NECESSARY QUALIFICATIONS, TRAINING, EXPERIENCE, AND
TECHNICAL KNOWLEDGE TO PROPERLY MAINTAIN AND REPAIR ELECTRICAL WIRING,
APPARATUS, AND EQUIPMENT, WHO IS LICENSED AS A MAINTENANCE ELECTRICIAN BY THE
COMMISSIONER OR WHO IS EXEMPT FROM LICENSING BY SECTIONS 326.241 TO 326.248. <A]

Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:

[A> SUBD. 4E. MASTER ELEVATOR CONSTRUCTOR. "MASTER ELEVATOR CONSTRUCTOR"
MEANS AN INDIVIDUAL HAVING THE NECESSARY QUALIFICATIONS, TRAINING, EXPERIENCE,
AND TECHNICAL KNOWLEDGE TO PROPERLY PLAN, LAY OUT, AND SUPERVISE THE
INSTALLATION, MAINTENANCE, AND REPAIR OF WIRING, APPARATUS, AND EQUIPMENT FOR
ELEVATORS AND ESCALATORS AND WHO IS LICENSED AS A MASTER ELEVATOR CONSTRUCTOR BY
THE COMMISSIONER. <A]

Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to
read:

Subd. 5. Contractor. [D> The term <D] "Contractor" means a person [D> ,
partnership, or corporation operating a business that undertakes <D] [A> WHO
PERFORMS <A] or offers to [D> undertake to plan for, lay out, or install or to
make additions, alterations, or repairs in the installation of electrical
wiring, apparatus, or equipment for light, heat, power, and other purposes <D]
[A> PERFORM ANY ELECTRICAL WORK, <A] with or without compensation [A> , <A] who
is licensed as [D> such <D] [A> A CONTRACTOR <A] by the [D> Board of Electricity
<D] [A> COMMISSIONER <A] . A contractor's license does not of itself qualify its
holder to perform or supervise the electrical work authorized by holding any
class of electrician's or other personal electrical license. [A> CONTRACTOR
INCLUDES ELECTRICAL CONTRACTORS AND TECHNOLOGY SYSTEM CONTRACTORS. <A]

Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to
read:

Subd. 6. Class B master electrician. [D> The term <D] "Class B master
electrician" means [D> a person <D] [A> AN INDIVIDUAL <A] having the necessary
qualifications, training, experience, and technical knowledge to [D> install,
alter, repair, plan, lay out, <D] [A> PERFORM <A] and supervise [D> the
installing, altering, and repairing of electrical wiring, apparatus, and
equipment <D] [A> ANY ELECTRICAL WORK <A] for single phase systems of not over
200 ampere capacity for light, heat, power, and other purposes on any farm or in
any single family dwelling located in any town or municipality which has a
population of less than [D> 2500 <D] [A> 2,500 <A] inhabitants [A> , AND <A] who
is licensed as [D> such <D] [A> A CLASS B MASTER ELECTRICIAN <A] by the [D>
Board of Electricity <D] [A> COMMISSIONER <A] .

Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended
to read:

Subd. 6a. Class B journeyman electrician. [D> The term <D] "Class B
journeyman electrician" means [D> a person <D] [A> AN INDIVIDUAL <A] having the
necessary qualifications, training, experience, and technical knowledge to
install, alter, repair, and supervise the installing, altering, or repairing of
electrical wiring, apparatus, and equipment for single phase systems of not more
than 200 ampere capacity for light, heat, power, and other purposes on any farm
or in any single family dwelling located in any town or municipality which has a
population of less than [D> 2500 <D] [A> 2,500 <A] inhabitants [A> , AND <A] who
is licensed as [D> such <D] [A> A CLASS B JOURNEYMAN ELECTRICIAN <A] by the [D>
Board of Electricity <D] [A> COMMISSIONER <A] .

Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended
to read:

Subd. 6b. Class A installer. [D> The term <D] "Class A installer" means [D> a
person <D] [A> AN INDIVIDUAL <A] who has the necessary qualifications, training,
experience, and technical knowledge to properly lay out and install electrical
wiring, apparatus, and equipment for major electrical home appliances and such
other electrical equipment as is determined by the [D> state Board of
Electricity <D] [A> COMMISSIONER <A] pursuant to section 326.242, subdivision 3,
on the load side of the main service on farmsteads or in any town or
municipality with less than 1,500 inhabitants, which is not contiguous to a city
of the first class and does not contain an established business of a master
electrician, and who is licensed as [D> such <D] [A> A CLASS A INSTALLER <A] by
the [D> state Board of Electricity <D] [A> COMMISSIONER <A] .

Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended
to read:

Subd. 6c. Class B installer. [D> The term <D] "Class B installer" means [D> a
person <D] [A> AN INDIVIDUAL <A] who has the necessary qualifications, training,
experience, and technical knowledge to properly lay out and install electrical
wiring, apparatus, and equipment on center pivot irrigation booms on the load
side of the main service on farmsteads, and install other electrical equipment
determined by the [D> state Board of Electricity. <D] [A> COMMISSIONER, AND WHO
IS LICENSED AS <A] a Class B installer [D> must be licensed <D] by the [D> Board
of Electricity <D] [A> COMMISSIONER <A] .

Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended
to read:

Subd. 6e. Owner. An owner is [D> a natural person <D] [A> AN INDIVIDUAL <A]
who physically performs electrical work on premises the [D> person <D] [A>
INDIVIDUAL <A] owns and actually occupies as a residence or owns and will occupy
as a residence upon completion of [A> ITS <A] construction.

Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended
to read:

Subd. 6f. Electrical work. [D> The term <D] "Electrical work" means the
installing, altering, repairing, planning, or laying out of electrical wiring,
apparatus, or equipment for [A> ELECTRICAL <A] light, heat, power, [A>
TECHNOLOGY CIRCUITS OR SYSTEMS, <A] or other purposes. The installing, [D>
alteration <D] [A> ALTERING <A] , repairing, planning, or laying out of
electrical wiring, apparatus, or equipment for [A> ELECTRICAL <A] light, heat,
power, [A> TECHNOLOGY CIRCUITS OR SYSTEMS, <A] or other purposes includes, but
is not limited to, the performance of any work [D> governed <D] [A> REGULATED
<A] by the standards referred to in section 326.243.

Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended
to read:

Subd. 6g. [D> Personal <D] [A> DIRECT <A] supervision. [D> The term "personal
<D] [A> "DIRECT <A] supervision" means [D> that a person licensed to perform
electrical work oversees and directs the electrical work performed by an
unlicensed person such that <D] :

(1) [D> the licensed person actually reviews the electrical work performed by
the unlicensed person <D] [A> AN UNLICENSED INDIVIDUAL IS BEING SUPERVISED BY AN
INDIVIDUAL LICENSED TO PERFORM THE ELECTRICAL WORK BEING SUPERVISED <A] ;

(2) [A> DURING THE ENTIRE WORKING DAY OF THE UNLICENSED INDIVIDUAL, THE
LICENSED INDIVIDUAL IS PHYSICALLY PRESENT AT THE LOCATION WHERE THE UNLICENSED
INDIVIDUAL IS PERFORMING ELECTRICAL WORK AND IMMEDIATELY AVAILABLE TO THE
UNLICENSED INDIVIDUAL; <A]

[A> (3) <A] the licensed [D> person <D] [A> INDIVIDUAL <A] is [A> PHYSICALLY
PRESENT AND <A] immediately available to the unlicensed [D> person <D] [A>
INDIVIDUAL <A] at all times for assistance and direction;

[A> (4) ELECTRONIC SUPERVISION DOES NOT MEET THE REQUIREMENT OF PHYSICALLY
PRESENT AND IMMEDIATELY AVAILABLE; <A]

[A> (5) THE LICENSED INDIVIDUAL SHALL REVIEW THE ELECTRICAL WORK PERFORMED BY
THE UNLICENSED INDIVIDUAL BEFORE THE ELECTRICAL WORK IS OPERATED; <A] and

[D> (3) <D] [A> (6) <A] the licensed [D> person <D] [A> INDIVIDUAL <A] is
able to and does determine that all electrical work performed by the unlicensed
[D> person <D] [A> INDIVIDUAL <A] is performed in compliance with section
326.243. The licensed [D> person <D] [A> INDIVIDUAL <A] is responsible for the
compliance with section 326.243 of all electrical work performed by the
unlicensed [D> person <D] [A> INDIVIDUAL <A] .

Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended
to read:

Subd. 6j. Residential dwelling. A "residential dwelling" is [D> an individual
dwelling of <D] [A> A SINGLE DWELLING UNIT THAT IS CONTAINED IN <A] a
one-family, two-family, or multifamily dwelling as defined in the National
Electrical Code pursuant to section 326.243 [D> , including its garage or
accessory building <D] . [A> A RESIDENTIAL DWELLING INCLUDES A GARAGE AND
ACCESSORY BUILDING THAT CAN ONLY BE USED BY THE RESIDENTS OF THE SINGLE DWELLING
UNIT. <A]

Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended
to read:

Subd. 6k. Power limited technician. [D> The term <D] "Power limited
technician" means [D> a person <D] [A> AN INDIVIDUAL <A] having the necessary
qualifications, training, experience, and technical knowledge to install, alter,
repair, plan, lay out, and supervise the installing, altering, and repairing of
electrical wiring, apparatus, and equipment for technology circuits or systems
[A> , AND <A] who is licensed as [D> such <D] [A> A POWER LIMITED TECHNICIAN <A]
by the [D> Board of Electricity <D] [A> COMMISSIONER <A] .

Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended
to read:

Subd. 6l. Technology circuits or systems. "Technology circuits or systems"
means class 2 or class 3 circuits or systems for, but not limited to, remote
control, signaling, control, alarm, and audio signal, including associated
components as covered by the National Electrical Code, articles 640, 645, [A>
650, <A] 725, 760, 770, and 780, and which are isolated from circuits or systems
other than class 2 or class 3 by a demarcation and are not process control
circuits or systems; antenna and communication circuits or systems as covered by
chapter 8 of the National Electrical Code; and circuitry and equipment for
indoor lighting and outdoor landscape lighting systems that are supplied by the
secondary circuit of an isolating power supply operating at 30 volts or less as
covered by the National Electrical Code, article 411. The planning, laying out,
installing, altering, and repairing of technology circuits or systems must be
performed in accordance with the applicable requirements of the National
Electrical Code pursuant to section 326.243.

Sec. 19. [A> (326.2415) BOARD OF ELECTRICITY. <A]

[A> SUBDIVISION 1. COMPOSITION. <A]

[A> (A) THE BOARD OF ELECTRICITY SHALL CONSIST OF 12 MEMBERS. ELEVEN MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND
SHALL BE VOTING MEMBERS. APPOINTMENTS OF MEMBERS BY THE GOVERNOR SHALL BE MADE
IN ACCORDANCE WITH SECTION 15.066. IF THE SENATE VOTES TO REFUSE TO CONSENT TO
AN APPOINTMENT OF A MEMBER MADE BY THE GOVERNOR, THE GOVERNOR SHALL APPOINT A
NEW MEMBER WITH THE ADVICE AND CONSENT OF THE SENATE. ONE MEMBER SHALL BE THE
COMMISSIONER OF LABOR AND INDUSTRY OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE
A VOTING MEMBER. OF THE 11 APPOINTED MEMBERS, THE COMPOSITION SHALL BE AS
FOLLOWS: <A]

[A> (1) ONE MEMBER SHALL BE AN ELECTRICAL INSPECTOR; <A]

[A> (2) TWO MEMBERS SHALL BE REPRESENTATIVES OF THE ELECTRICAL SUPPLIERS IN
RURAL AREAS; <A]

[A> (3) TWO MEMBERS SHALL BE MASTER ELECTRICIANS, WHO SHALL BE CONTRACTORS;
<A]

[A> (4) TWO MEMBERS SHALL BE JOURNEYMAN ELECTRICIANS; <A]

[A> (5) ONE MEMBER SHALL BE A REGISTERED CONSULTING ELECTRICAL ENGINEER; <A]

[A> (6) TWO MEMBERS SHALL BE POWER LIMITED TECHNICIANS, WHO SHALL BE
TECHNOLOGY SYSTEM CONTRACTORS PRIMARILY ENGAGED IN THE BUSINESS OF INSTALLING
TECHNOLOGY CIRCUIT OR SYSTEMS; AND <A]

[A> (7) ONE MEMBER SHALL BE A PUBLIC MEMBER AS DEFINED BY SECTION 214.02. THE
ELECTRICAL INSPECTOR SHALL BE APPOINTED TO A TERM TO END DECEMBER 31, 2011. ONE
OF THE RURAL ELECTRICAL SUPPLIERS SHALL BE APPOINTED FOR A TERM TO END DECEMBER
31, 2011. THE OTHER RURAL ELECTRICAL SUPPLIER SHALL BE APPOINTED FOR A TERM TO
END DECEMBER 31, 2010. THE CONSULTING ELECTRICAL ENGINEER SHALL BE APPOINTED FOR
A TERM TO END DECEMBER 31, 2011. ONE OF THE MASTER ELECTRICIAN CONTRACTORS SHALL
BE APPOINTED FOR A TERM TO END DECEMBER 31, 2011. THE OTHER MASTER ELECTRICIAN
CONTRACTOR SHALL BE APPOINTED FOR A TERM TO END DECEMBER 31, 2010. ONE OF THE
JOURNEYMAN ELECTRICIANS SHALL BE APPOINTED FOR A TERM TO END DECEMBER 31, 2011.
THE OTHER JOURNEYMAN ELECTRICIAN SHALL BE APPOINTED FOR A TERM TO END DECEMBER
31, 2010. ONE OF THE POWER LIMITED TECHNICIANS SHALL BE APPOINTED FOR A TERM TO
END DECEMBER 31, 2011. THE OTHER POWER LIMITED TECHNICIAN SHALL BE APPOINTED FOR
A TERM TO END DECEMBER 31, 2010. THE PUBLIC MEMBER SHALL BE APPOINTED FOR A TERM
TO END DECEMBER 31, 2010. <A]

[A> (B) THE CONSULTING ELECTRICAL ENGINEER MUST POSSESS A CURRENT MINNESOTA
PROFESSIONAL ENGINEERING LICENSE AND MAINTAIN THE LICENSE FOR THE DURATION OF
THE TERM ON THE BOARD. ALL OTHER APPOINTED MEMBERS, EXCEPT FOR THE PUBLIC MEMBER
AND THE REPRESENTATIVES OF ELECTRICAL SUPPLIERS IN RURAL AREAS, MUST POSSESS A
CURRENT ELECTRICAL LICENSE ISSUED BY THE DEPARTMENT OF LABOR AND INDUSTRY AND
MAINTAIN THAT LICENSE FOR THE DURATION OF THEIR TERMS. ALL APPOINTED MEMBERS
MUST BE RESIDENTS OF MINNESOTA AT THE TIME OF AND THROUGHOUT THE MEMBER'S
APPOINTMENT. THE TERM OF ANY APPOINTED MEMBER THAT DOES NOT MAINTAIN MEMBERSHIP
QUALIFICATION STATUS SHALL END ON THE DATE OF THE STATUS CHANGE AND THE GOVERNOR
SHALL APPOINT A NEW MEMBER. IT IS THE RESPONSIBILITY OF THE MEMBER TO NOTIFY THE
BOARD OF THEIR STATUS CHANGE. <A]

[A> (C) FOR APPOINTED MEMBERS, EXCEPT THE INITIAL TERMS DESIGNATED IN
PARAGRAPH (A), EACH TERM SHALL BE THREE YEARS WITH THE TERMS ENDING ON DECEMBER
31. MEMBERS APPOINTED BY THE GOVERNOR SHALL BE LIMITED TO THREE CONSECUTIVE
TERMS. THE GOVERNOR SHALL, ALL OR IN PART, REAPPOINT THE CURRENT MEMBERS OR
APPOINT REPLACEMENT MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE. MIDTERM
VACANCIES SHALL BE FILLED FOR THE REMAINING PORTION OF THE TERM. VACANCIES
OCCURRING WITH LESS THAN SIX MONTHS TIME REMAINING IN THE TERM SHALL BE FILLED
FOR THE EXISTING TERM AND THE FOLLOWING THREE-YEAR TERM. MEMBERS MAY SERVE UNTIL
THEIR SUCCESSORS ARE APPOINTED BUT IN NO CASE LATER THAN JULY 1 IN A YEAR IN
WHICH THE TERM EXPIRES UNLESS REAPPOINTED. <A]

[A> SUBD. 2. POWERS; DUTIES; ADMINISTRATIVE SUPPORT. <A]

[A> (A) THE BOARD SHALL HAVE THE POWER TO: <A]

[A> (1) ELECT ITS CHAIR, VICE-CHAIR, AND SECRETARY; <A]

[A> (2) ADOPT BYLAWS THAT SPECIFY THE DUTIES OF ITS OFFICERS, THE MEETING
DATES OF THE BOARD, AND CONTAINING SUCH OTHER PROVISIONS AS MAY BE USEFUL AND
NECESSARY FOR THE EFFICIENT CONDUCT OF THE BUSINESS OF THE BOARD; <A]

[A> (3) THE MINNESOTA ELECTRICAL CODE SHALL BE THE MOST CURRENT EDITION OF
THE NATIONAL ELECTRICAL CODE UPON ITS ADOPTION BY THE BOARD AND ANY AMENDMENTS
THERETO AS ADOPTED BY THE BOARD. THE BOARD SHALL ADOPT THE MOST CURRENT EDITION
OF THE NATIONAL ELECTRICAL CODE AND ANY AMENDMENTS THERETO PURSUANT TO CHAPTER
14 AND AS PROVIDED IN SUBDIVISION 6, PARAGRAPHS (B) AND (C); <A]

[A> (4) REVIEW REQUESTS FOR FINAL INTERPRETATIONS AND ISSUE FINAL
INTERPRETATIONS AS PROVIDED IN SECTION 16B.63, SUBDIVISION 5; <A]

[A> (5) ADOPT RULES THAT REGULATE THE LICENSURE OR REGISTRATION OF ELECTRICAL
BUSINESSES, ELECTRICAL CONTRACTORS, MASTER ELECTRICIANS, JOURNEYMAN
ELECTRICIANS, CLASS A INSTALLER, CLASS B INSTALLER, POWER LIMITED TECHNICIANS,
AND OTHER PERSONS WHO PERFORM ELECTRICAL WORK EXCEPT FOR THOSE INDIVIDUALS
LICENSED UNDER SECTION 326.02, SUBDIVISIONS 2 AND 3. THE BOARD SHALL ADOPT THESE
RULES PURSUANT TO CHAPTER 14 AND AS PROVIDED IN SUBDIVISION 6, PARAGRAPHS (D)
AND (E); <A]

[A> (6) ADOPT RULES THAT REGULATE CONTINUING EDUCATION FOR INDIVIDUALS
LICENSED OR REGISTERED AS ELECTRICAL BUSINESSES, ELECTRICAL CONTRACTORS, MASTER
ELECTRICIANS, JOURNEYMAN ELECTRICIANS, CLASS A INSTALLER, CLASS B INSTALLER,
POWER LIMITED TECHNICIANS, AND OTHER PERSONS WHO PERFORM ELECTRICAL WORK. THE
BOARD SHALL ADOPT THESE RULES PURSUANT TO CHAPTER 14 AND AS PROVIDED IN
SUBDIVISION 6, PARAGRAPH (E); <A]

[A> (7) ADVISE THE COMMISSIONER REGARDING EDUCATIONAL REQUIREMENTS FOR
ELECTRICAL INSPECTORS; <A]

[A> (8) REFER COMPLAINTS OR OTHER COMMUNICATIONS TO THE COMMISSIONER, WHETHER
ORAL OR IN WRITING, AS PROVIDED IN SUBDIVISION 8 THAT ALLEGES OR IMPLIES A
VIOLATION OF A STATUTE, RULE, OR ORDER THAT THE COMMISSIONER HAS THE AUTHORITY
TO ENFORCE PERTAINING TO CODE COMPLIANCE, LICENSURE, REGISTRATION, OR AN
OFFERING TO PERFORM OR PERFORMANCE OF UNLICENSED ELECTRICAL SERVICES; <A]

[A> (9) APPROVE PER DIEM AND EXPENSES DEEMED NECESSARY FOR ITS MEMBERS AS
PROVIDED IN SUBDIVISION 3; <A]

[A> (10) APPROVE LICENSE RECIPROCITY AGREEMENTS; <A]

[A> (11) SELECT FROM ITS MEMBERS INDIVIDUALS TO SERVE ON ANY OTHER STATE
ADVISORY COUNCIL, BOARD, OR COMMITTEE; AND <A]

[A> (12) RECOMMEND THE FEES FOR LICENSES AND CERTIFICATIONS. EXCEPT FOR THE
POWERS GRANTED TO THE PLUMBING BOARD, BOARD OF ELECTRICITY, AND THE BOARD OF
HIGH PRESSURE PIPING SYSTEMS, THE COMMISSIONER OF LABOR AND INDUSTRY SHALL
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND ANY RULES PROMULGATED
PURSUANT THERETO. <A]

[A> (B) THE BOARD SHALL COMPLY WITH SECTION 15.0597, SUBDIVISIONS 2 AND 4.
<A]

[A> (C) THE COMMISSIONER SHALL COORDINATE THE BOARD'S RULEMAKING AND
RECOMMENDATIONS WITH THE RECOMMENDATIONS AND RULEMAKING CONDUCTED BY ALL OF THE
OTHER BOARDS CREATED PURSUANT TO CHAPTER 326B. THE COMMISSIONER SHALL PROVIDE
STAFF SUPPORT TO THE BOARD. THE SUPPORT INCLUDES PROFESSIONAL, LEGAL, TECHNICAL,
AND CLERICAL STAFF NECESSARY TO PERFORM RULEMAKING AND OTHER DUTIES ASSIGNED TO
THE BOARD. THE COMMISSIONER OF LABOR AND INDUSTRY SHALL SUPPLY NECESSARY OFFICE
SPACE AND SUPPLIES TO ASSIST THE BOARD IN ITS DUTIES <A]

[A> SUBD. 3. COMPENSATION. <A]

[A> (A) MEMBERS OF THE BOARD MAY BE COMPENSATED AT THE RATE OF $ 55 A DAY
SPENT ON BOARD ACTIVITIES, WHEN AUTHORIZED BY THE BOARD, PLUS EXPENSES IN THE
SAME MANNER AND AMOUNT AS AUTHORIZED BY THE COMMISSIONER'S PLAN ADOPTED UNDER
SECTION 43A.18, SUBDIVISION 2. MEMBERS WHO, AS A RESULT OF TIME SPENT ATTENDING
BOARD MEETINGS, INCUR CHILD CARE EXPENSES THAT WOULD NOT OTHERWISE HAVE BEEN
INCURRED, MAY BE REIMBURSED FOR THOSE EXPENSES UPON BOARD AUTHORIZATION. <A]

[A> (B) MEMBERS WHO ARE STATE EMPLOYEES OR EMPLOYEES OF THE POLITICAL
SUBDIVISIONS OF THE STATE MUST NOT RECEIVE THE DAILY PAYMENT FOR ACTIVITIES THAT
OCCUR DURING WORKING HOURS FOR WHICH THEY ARE COMPENSATED BY THE STATE OR
POLITICAL SUBDIVISION. HOWEVER, A STATE OR POLITICAL SUBDIVISION EMPLOYEE MAY
RECEIVE THE DAILY PAYMENT IF THE EMPLOYEE USES VACATION TIME OR COMPENSATORY
TIME ACCUMULATED IN ACCORDANCE WITH A COLLECTIVE BARGAINING AGREEMENT OR
COMPENSATION PLAN FOR BOARD ACTIVITIES. MEMBERS WHO ARE STATE EMPLOYEES OR
EMPLOYEES OF THE POLITICAL SUBDIVISIONS OF THE STATE MAY RECEIVE THE EXPENSES
PROVIDED FOR IN THIS SUBDIVISION UNLESS THE EXPENSES ARE REIMBURSED BY ANOTHER
SOURCE. MEMBERS WHO ARE STATE EMPLOYEES OR EMPLOYEES OF POLITICAL SUBDIVISIONS
OF THE STATE MAY BE REIMBURSED FOR CHILD CARE EXPENSES ONLY FOR TIME SPENT ON
BOARD ACTIVITIES THAT ARE OUTSIDE THEIR WORKING HOURS. <A]

[A> (C) THE BOARD SHALL ADOPT INTERNAL STANDARDS PRESCRIBING WHAT CONSTITUTES
A DAY SPENT ON BOARD ACTIVITIES FOR PURPOSES OF MAKING DAILY PAYMENTS UNDER THIS
SUBDIVISION. <A]

[A> SUBD. 4. REMOVAL; VACANCIES. <A]

[A> (A) AN APPOINTED MEMBER OF THE BOARD MAY BE REMOVED BY THE GOVERNOR AT
ANY TIME (1) FOR CAUSE, AFTER NOTICE AND HEARING, OR (2) AFTER MISSING THREE
CONSECUTIVE MEETINGS. THE CHAIR OF THE BOARD SHALL INFORM THE GOVERNOR OF AN
APPOINTED MEMBER MISSING THE THREE CONSECUTIVE MEETINGS. AFTER THE SECOND
CONSECUTIVE MISSED MEETING AND BEFORE THE NEXT MEETING, THE SECRETARY OF THE
BOARD SHALL NOTIFY THE APPOINTED MEMBER IN WRITING THAT THE MEMBER MAY BE
REMOVED FOR MISSING THE NEXT MEETING. IN THE CASE OF A VACANCY ON THE BOARD, THE
GOVERNOR SHALL, WITH THE ADVICE AND CONSENT OF THE SENATE, APPOINT A PERSON TO
FILL THE VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM. <A]

[A> (B) VACANCIES SHALL BE FILLED PURSUANT TO SECTION 15.097, SUBDIVISIONS 5
AND 6. <A]

[A> SUBD. 5. MEMBERSHIP VACANCIES WITHIN THREE MONTHS OF APPOINTMENT.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN A MEMBERSHIP ON THE BOARD BECOMES
VACANT WITHIN THREE MONTHS AFTER BEING FILLED THROUGH THE APPOINTMENTS PROCESS,
THE GOVERNOR MAY, UPON NOTIFICATION TO THE OFFICE OF SECRETARY OF STATE, CHOOSE
A NEW MEMBER FROM THE APPLICATIONS ON HAND AND NEED NOT REPEAT THE PROCESS. <A]

[A> SUBD. 6. OFFICERS, QUORUM, VOTING. <A]

[A> (A) THE BOARD SHALL ELECT ANNUALLY FROM ITS MEMBERS A CHAIR, VICE-CHAIR,
AND SECRETARY. A QUORUM OF THE BOARD SHALL CONSIST OF A MAJORITY OF MEMBERS OF
THE BOARD QUALIFIED TO VOTE ON THE MATTER IN QUESTION. ALL QUESTIONS CONCERNING
THE MANNER IN WHICH A MEETING IS CONDUCTED OR CALLED THAT IS NOT COVERED BY
STATUTE SHALL BE DETERMINED BY ROBERT'S RULES OF ORDER (REVISED) UNLESS
OTHERWISE SPECIFIED BY THE BYLAWS. <A]

[A> (B) EACH ELECTRICAL CODE AMENDMENT CONSIDERED BY THE BOARD THAT RECEIVES
AN AFFIRMATIVE TWO-THIRDS OR MORE MAJORITY VOTE OF ALL OF THE VOTING MEMBERS OF
THE BOARD SHALL BE INCLUDED IN THE NEXT ELECTRICAL CODE RULEMAKING PROCEEDING
INITIATED BY THE BOARD. IF AN ELECTRICAL CODE AMENDMENT CONSIDERED, OR
RECONSIDERED, BY THE BOARD RECEIVES LESS THAN A TWO-THIRDS MAJORITY VOTE OF ALL
OF THE VOTING MEMBERS OF THE BOARD, THE ELECTRICAL CODE AMENDMENT SHALL NOT BE
INCLUDED IN THE NEXT ELECTRICAL CODE RULEMAKING PROCEEDING INITIATED BY THE
BOARD. <A]

[A> (C) THE BOARD MAY RECONSIDER ELECTRICAL CODE AMENDMENTS DURING AN ACTIVE
ELECTRICAL CODE RULEMAKING PROCEEDING IN WHICH THE AMENDMENT PREVIOUSLY FAILED
TO RECEIVE A TWO-THIRDS MAJORITY VOTE OR MORE OF ALL OF THE VOTING MEMBERS OF
THE BOARD ONLY IF NEW OR UPDATED INFORMATION THAT AFFECTS THE ELECTRICAL CODE
AMENDMENT IS PRESENTED TO THE BOARD. THE BOARD MAY ALSO RECONSIDER FAILED
ELECTRICAL CODE AMENDMENTS IN SUBSEQUENT ELECTRICAL CODE RULEMAKING PROCEEDINGS.
<A]

[A> (D) EACH PROPOSED RULE AND RULE AMENDMENT CONSIDERED BY THE BOARD
PURSUANT TO THE RULEMAKING AUTHORITY SPECIFIED IN SUBDIVISION 2, PARAGRAPH (A),
CLAUSES (5) AND (6), THAT RECEIVES AN AFFIRMATIVE MAJORITY VOTE OF ALL OF THE
VOTING MEMBERS OF THE BOARD SHALL BE INCLUDED IN THE NEXT RULEMAKING PROCEEDING
INITIATED BY THE BOARD. IF A PROPOSED RULE OR RULE AMENDMENT CONSIDERED, OR
RECONSIDERED, BY THE BOARD RECEIVES LESS THAN AN AFFIRMATIVE MAJORITY VOTE OF
ALL OF THE VOTING MEMBERS OF THE BOARD, THE PROPOSED RULE OR RULE AMENDMENT
SHALL NOT BE INCLUDED IN THE NEXT RULEMAKING PROCEEDING INITIATED BY THE BOARD.
<A]

[A> (E) THE BOARD MAY RECONSIDER PROPOSED RULE OR RULE AMENDMENT DURING AN
ACTIVE RULEMAKING PROCEEDING IN WHICH THE AMENDMENT PREVIOUSLY FAILED TO RECEIVE
AN AFFIRMATIVE MAJORITY VOTE OF ALL OF THE VOTING MEMBERS OF THE BOARD ONLY IF
NEW OR UPDATED INFORMATION THAT AFFECTS THE PROPOSED RULE OR RULE AMENDMENT IS
PRESENTED TO THE BOARD. THE BOARD MAY ALSO RECONSIDER FAILED PROPOSED RULE OR
RULE AMENDMENT IN SUBSEQUENT RULEMAKING PROCEEDINGS. <A]

[A> SUBD. 7. BOARD MEETINGS. <A]

[A> (A) THE BOARD SHALL HOLD MEETINGS AT SUCH TIMES AS THE BOARD SHALL
SPECIFY. NOTICE AND CONDUCT OF ALL MEETINGS SHALL BE PURSUANT TO CHAPTER 13D AND
IN A MANNER AS THE BYLAWS MAY PROVIDE. <A]

[A> (B) IF COMPLIANCE WITH SECTION 13D.02 IS IMPRACTICAL, THE BOARD MAY
CONDUCT A MEETING OF ITS MEMBERS BY TELEPHONE OR OTHER ELECTRONIC MEANS SO LONG
AS THE FOLLOWING CONDITIONS ARE MET: <A]

[A> (1) ALL MEMBERS OF THE BOARD PARTICIPATING IN THE MEETING, WHEREVER THEIR
PHYSICAL LOCATION, CAN HEAR ONE ANOTHER AND CAN HEAR ALL DISCUSSION AND
TESTIMONY; <A]

[A> (2) MEMBERS OF THE PUBLIC PRESENT AT THE REGULAR MEETING LOCATION OF THE
BOARD CAN HEAR CLEARLY ALL DISCUSSION AND TESTIMONY AND ALL VOTES OF MEMBERS OF
THE BOARD AND, IF NEEDED, RECEIVE THOSE SERVICES REQUIRED BY SECTIONS 15.44 AND
15.441; <A]

[A> (3) AT LEAST ONE MEMBER OF THE BOARD IS PHYSICALLY PRESENT AT THE REGULAR
MEETING LOCATION; AND <A]

[A> (4) ALL VOTES ARE CONDUCTED BY ROLL CALL, SO EACH MEMBER'S VOTE ON EACH
ISSUE CAN BE IDENTIFIED AND RECORDED. EACH MEMBER OF THE BOARD PARTICIPATING IN
A MEETING BY TELEPHONE OR OTHER ELECTRONIC MEANS IS CONSIDERED PRESENT AT THE
MEETING FOR PURPOSES OF DETERMINING A QUORUM AND PARTICIPATING IN ALL
PROCEEDINGS. IF TELEPHONE OR OTHER ELECTRONIC MEANS IS USED TO CONDUCT A
REGULAR, SPECIAL, OR EMERGENCY MEETING, THE BOARD, TO THE EXTENT PRACTICAL,
SHALL ALLOW A PERSON TO MONITOR THE MEETING ELECTRONICALLY FROM A REMOTE
LOCATION. THE BOARD MAY REQUIRE THE PERSON MAKING SUCH A CONNECTION TO PAY FOR
DOCUMENTED COSTS THAT THE BOARD INCURS AS A RESULT OF THE ADDITIONAL CONNECTION.
IF TELEPHONE OR OTHER ELECTRONIC MEANS IS USED TO CONDUCT A REGULAR, SPECIAL, OR
EMERGENCY MEETING, THE BOARD SHALL PROVIDE NOTICE OF THE REGULAR MEETING
LOCATION, OF THE FACT THAT SOME MEMBERS MAY PARTICIPATE BY TELEPHONE OR OTHER
ELECTRONIC MEANS, AND THAT A PERSON MAY MONITOR THE MEETING ELECTRONICALLY FROM
A REMOTE LOCATION. ANY PERSON MONITORING THE MEETING ELECTRONICALLY FROM A
REMOTE LOCATION MAY BE REQUIRED TO PAY DOCUMENTED COSTS INCURRED BY THE BOARD AS
A RESULT OF THE ADDITIONAL CONNECTION. THE TIMING AND METHOD OF PROVIDING NOTICE
IS GOVERNED BY SECTION 13D.04. <A]

[A> SUBD. 8. COMPLAINTS. <A]

[A> (A) THE BOARD SHALL PROMPTLY FORWARD TO THE COMMISSIONER THE SUBSTANCE OF
ANY COMPLAINT OR COMMUNICATION IT RECEIVES, WHETHER IN WRITING OR ORAL, THAT
ALLEGES OR IMPLIES A VIOLATION OF A STATUTE, RULE, OR ORDER THAT THE
COMMISSIONER HAS THE AUTHORITY TO ENFORCE PERTAINING TO THE LICENSE OR
REGISTRATION OF ANY PERSON AUTHORIZED BY THE DEPARTMENT TO PROVIDE ELECTRICAL
WORK, THE PERFORMANCE OR OFFERING TO PERFORM ELECTRICAL WORK REQUIRING LICENSURE
OR REGISTRATION, OR ELECTRICAL CODE COMPLIANCE. EACH COMPLAINT OR COMMUNICATION
THAT IS FORWARDED TO THE COMMISSIONER SHALL BE SUBMITTED ON A FORM PROVIDED BY
THE COMMISSIONER. <A]

[A> (B) THE COMMISSIONER SHALL ADVISE THE BOARD OF THE STATUS OF THE
COMPLAINT WITHIN 90 DAYS AFTER THE BOARD'S WRITTEN SUBMISSION IS RECEIVED, OR
WITHIN 90 DAYS AFTER THE BOARD IS PROVIDED WITH A WRITTEN REQUEST FOR ADDITIONAL
INFORMATION OR DOCUMENTATION FROM THE COMMISSIONER OR THE COMMISSIONER'S
DESIGNEE, WHICHEVER IS LATER. THE COMMISSIONER SHALL ADVISE THE BOARD OF THE
DISPOSITION OF A COMPLAINT REFERRED BY THE BOARD WITHIN 180 DAYS AFTER THE
BOARD'S WRITTEN SUBMISSION IS RECEIVED. THE COMMISSIONER SHALL ANNUALLY REPORT
TO THE BOARD A SUMMARY OF THE ACTIONS TAKEN IN RESPONSE TO COMPLAINTS REFERRED
BY THE BOARD. <A]

[A> SUBD. 9. DATA PRACTICES ACT. THE BOARD IS SUBJECT TO CHAPTER 13, THE
MINNESOTA GOVERNMENT DATA PRACTICES ACT, AND SHALL PROTECT FROM UNLAWFUL
DISCLOSURE DATA CLASSIFIED AS NOT PUBLIC. <A]

[A> SUBD. 10. OFFICIAL RECORDS. THE BOARD SHALL MAKE AND PRESERVE ALL RECORDS
NECESSARY TO A FULL AND ACCURATE KNOWLEDGE OF ITS OFFICIAL ACTIVITIES IN
ACCORDANCE WITH SECTION 15.17. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:

326.242 LICENSES.

Subdivision 1. Master electrician. Except as otherwise provided by law, no
[D> person <D] [A> INDIVIDUAL <A] shall [D> install, alter, repair, plan, lay
out, or supervise the installing, altering, or repairing of electrical wiring,
apparatus, or equipment for light, heat, power, or other purposes <D] [A>
PERFORM OR SUPERVISE ELECTRICAL WORK <A] unless the [D> person <D] [A>
INDIVIDUAL <A] is:

(a) licensed by the [D> board <D] [A> COMMISSIONER <A] as a master
electrician [A> ; <A] and (b)(i) the electrical work is for a licensed
contractor and the [D> person <D] [A> INDIVIDUAL <A] is an employee, partner, or
officer of, or is the licensed contractor, or (ii) the electrical work is
performed for the [D> person's <D] [A> INDIVIDUAL'S <A] employer on [D> electric
<D] [A> ELECTRICAL <A] wiring, apparatus, equipment, or facilities [A> THAT ARE
<A] owned or leased by the employer [D> which is <D] [A> AND THAT ARE <A]
located within the limits of property [D> which is <D] [A> OPERATED, MAINTAINED,
AND EITHER <A] owned or leased [D> and operated and maintained <D] by the
employer.

(1) An applicant for a Class A master [D> electrician's <D] [A> ELECTRICIAN
<A] license shall (a) be a graduate of a four-year electrical course [D> in <D]
[A> OFFERED BY <A] an accredited college or university; or

(b) shall have had at least one [D> year's <D] [A> YEAR OF <A] experience,
acceptable to the [D> board <D] [A> COMMISSIONER <A] , as a licensed journeyman;
or

(c) shall have had at least five years' experience, acceptable to the [D>
board <D] [A> COMMISSIONER <A] , in planning for, laying out, supervising and
installing wiring, apparatus, or equipment for electrical light, heat and power.

(2) As of August 1, 1985, no new Class B master [D> electrician's <D] [A>
ELECTRICIAN <A] licenses shall be issued. An individual who has a Class B master
[D> electrician's <D] [A> ELECTRICIAN <A] license as of August 1, 1985 [A> , <A]
may retain [A> AND RENEW <A] the license and exercise the privileges it grants,
which include electrical work limited to single phase systems, not over 200
amperes in capacity, on farmsteads or single-family dwellings located in towns
or municipalities with fewer than 2,500 inhabitants.

Subd. 2. Journeyman electrician.

(a) Except as otherwise provided by law, no [D> person <D] [A> INDIVIDUAL <A]
shall [D> install, alter, repair, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for light, heat, power,
or other purposes <D] [A> PERFORM AND SUPERVISE ANY ELECTRICAL WORK EXCEPT FOR
PLANNING OR LAYING OUT OF ELECTRICAL WORK <A] unless:

(1) the [D> person <D] [A> INDIVIDUAL <A] is licensed by the [D> board <D]
[A> COMMISSIONER <A] as a journeyman electrician; and

(2) the electrical work is:

(i) for a contractor and the [D> person <D] [A> INDIVIDUAL <A] is an
employee, partner, or officer of the licensed contractor; or

(ii) performed under the supervision of a master electrician also employed by
the [D> person's <D] [A> INDIVIDUAL'S <A] employer on electrical wiring,
apparatus, equipment, or facilities [A> THAT ARE <A] owned or leased by the
employer [A> AND <A] that [D> is <D] [A> ARE <A] located within the limits of
property [A> OPERATED, MAINTAINED, AND EITHER <A] owned or leased [D> ,
operated, and maintained <D] by the employer.

(b) An applicant for a Class A journeyman [D> electrician's <D] [A>
ELECTRICIAN <A] license shall have had at least four years of experience,
acceptable to the [D> board <D] [A> COMMISSIONER <A] , in wiring for,
installing, and repairing electrical wiring, apparatus, or equipment, provided
however, that the [D> board <D] [A> COMMISSIONER <A] may by rule [D> provide for
the allowance of <D] [A> ALLOW <A] one year of experience credit for [A> THE <A]
successful completion of a two-year post high school electrical course approved
by the [D> board <D] [A> COMMISSIONER <A] .

(c) As of August 1, 1985, no new Class B journeyman [D> electrician's <D] [A>
ELECTRICIAN <A] licenses shall be issued. An individual who holds a Class B
journeyman [D> electrician's <D] [A> ELECTRICIAN <A] license as of August 1,
1985 [A> , <A] may retain [A> AND RENEW <A] the license and exercise the
privileges it grants, which include electrical work limited to single phase
systems, not over 200 amperes in capacity, on farmsteads or on single-family
dwellings located in towns or municipalities with fewer than 2,500 inhabitants.

Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1,
2, and 6, any [D> person <D] [A> INDIVIDUAL <A] holding a Class A installer
license may lay out and install and supervise the laying out and installing of
electrical wiring, apparatus, or equipment for major electrical home appliances
on the load side of the main service on farmsteads and in any town or
municipality with fewer than 1,500 inhabitants, which is not contiguous to a
city of the first class and does not contain an established business of a
contractor. [A> AS OF DECEMBER 1, 2007, NO NEW CLASS A INSTALLER LICENSES SHALL
BE ISSUED. AN INDIVIDUAL WHO HOLDS A CLASS A INSTALLER LICENSE AS OF DECEMBER 1,
2007, MAY RETAIN AND RENEW THE LICENSE AND EXERCISE THE PRIVILEGES IT GRANTS.
<A]

Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions
1, 2 and 6, any [D> person <D] [A> INDIVIDUAL <A] holding a Class B installer
license may lay out and install electrical wiring, apparatus and equipment on
center pivot irrigation booms on the load side of the main service on
farmsteads, and install such other electrical equipment as is [D> determined <D]
[A> APPROVED <A] by the [D> board <D] [A> COMMISSIONER <A] .

Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
license shall have completed a post high school course in electricity [D>
acceptable to <D] [A> APPROVED BY <A] the [D> board <D] [A> COMMISSIONER <A] or
shall have had at least one [D> year's <D] [A> YEAR OF <A] experience, [D>
acceptable to <D] [A> APPROVED BY <A] the [D> board <D] [A> COMMISSIONER, <A] in
electrical wiring.

Subd. 3c. Bond. Every [A> CLASS A AND CLASS B <A] installer, as a condition
of licensure, shall give bond to the state in the sum of $ 1,000 conditioned
upon the faithful and lawful performance of all work contracted for or entered
upon by the installer within the state of Minnesota, and such bond shall be for
the benefit of persons injured or suffering financial loss by reason of failure
of such performance. Such bond shall be in lieu of all other license bonds to
any political subdivision of the state. Such bond shall be written by a
corporate surety licensed to do business in the state of Minnesota.

Subd. 3d. Power limited technician.

(a) Except as otherwise provided by law, no [D> person <D] [A> INDIVIDUAL <A]
shall install, alter, repair, plan, lay out, or supervise the installing,
altering, [D> or <D] repairing [A> , PLANNING, OR LAYING OUT <A] of electrical
wiring, apparatus, or equipment for technology circuits or systems unless:

(1) the [D> person <D] [A> INDIVIDUAL <A] is licensed by the [D> board <D]
[A> COMMISSIONER <A] as a power limited technician; and

(2) the electrical work is:

(i) for a licensed contractor and the [D> person <D] [A> INDIVIDUAL <A] is an
employee, partner, or officer of, or is the licensed contractor; or

(ii) performed under the [A> DIRECT <A] supervision of a master electrician
or power limited technician also employed by the [D> person's <D] [A>
INDIVIDUAL'S <A] employer on technology circuits, systems, apparatus, equipment,
or facilities [A> THAT ARE <A] owned or leased by the employer [A> AND <A] that
are located within the limits of property [A> OPERATED, MAINTAINED, AND EITHER
<A] owned or leased [D> , operated, and maintained <D] by the employer.

(b) An applicant for a power limited technician's license shall (1) be a
graduate of a four-year electrical course [D> in <D] [A> OFFERED BY <A] an
accredited college or university; or (2) have had at least 36 months'
experience, acceptable to the board, in planning for, laying out, supervising,
[D> and <D] installing [A> , ALTERING, AND REPAIRING <A] wiring, apparatus, or
equipment for power limited systems, provided however, that the board may by
rule provide for the allowance of up to 12 months (2,000 hours) of experience
credit for successful completion of a two-year post high school electrical
course or other technical training approved by the board.

[D> (c) The board may initially set experience requirements without
rulemaking, but must adopt rules before July 1, 2004. <D]

[D> (d) <D] [A> (C) <A] Licensees must attain [D> eight <D] [A> 16 <A] hours
of continuing education acceptable to the board every renewal period.

[D> (e) A person who has submitted an application by June 30, 2003, to take
the alarm and communications examination administered by the board, and who has
achieved a minimal score of 70 percent on the examination by September 30, 2003,
may obtain a power limited technician license without further examination by
submitting an application and a license fee of $ 30. <D]

[D> (f) <D] [A> (D) <A] A company holding an alarm and communication license
as of June 30, 2003, may designate one [D> person <D] [A> INDIVIDUAL <A] who may
obtain a power limited technician license without passing an examination
administered by the [D> board <D] [A> COMMISSIONER <A] by submitting an
application and license fee of $ 30.

[D> (g) <D] [A> (E) <A] A person who has submitted an application by [D>
September 30, 2005 <D] [A> DECEMBER 30, 2007 <A] , to take the power limited
technician examination administered by the [D> board <D] [A> DEPARTMENT <A] is
not required to meet the qualifications set forth in paragraph (b).

[D> Subd. 4. Special electrician. Notwithstanding the provisions of
subdivisions 1, 2, 6, and 7, the board may by rule provide for the issuance of
special electrician licenses empowering the licensee to engage in a limited
class or classes of electrical work, which class or classes shall be specified
on the license certificate. Each licensee shall have had at least two years of
experience, acceptable to the board, in each such limited class of work for
which the licensee is licensed. <D] Subd. 5. Unlicensed [D> persons <D] [A>
INDIVIDUALS <A] .

(a) An unlicensed [D> person <D] [A> INDIVIDUAL MEANS AN INDIVIDUAL WHO HAS
NOT BEEN LICENSED BY THE DEPARTMENT TO PERFORM SPECIFIC ELECTRICAL WORK. AN
UNLICENSED INDIVIDUAL <A] shall not perform electrical work [A> REQUIRED TO BE
PERFORMED BY A LICENSED INDIVIDUAL <A] unless [A> THE INDIVIDUAL HAS FIRST
REGISTERED WITH THE DEPARTMENT AS AN UNLICENSED INDIVIDUAL. THEREAFTER, AN
UNLICENSED INDIVIDUAL SHALL NOT PERFORM ELECTRICAL WORK REQUIRED TO BE PERFORMED
BY A LICENSED INDIVIDUAL UNLESS <A] the work is performed under the [D> personal
<D] [A> DIRECT <A] supervision of [D> a person <D] [A> AN INDIVIDUAL <A]
actually licensed to perform such work [D> and <D] [A> . <A] The licensed [D>
electrician <D] [A> INDIVIDUAL <A] and unlicensed [D> persons are <D] [A>
INDIVIDUAL MUST BE <A] employed by the same employer. Licensed [D> persons <D]
[A> INDIVIDUALS <A] shall not permit unlicensed [D> persons <D] [A> INDIVIDUALS
<A] to perform electrical work except under the [D> personal <D] [A> DIRECT <A]
supervision of [D> a person <D] [A> AN INDIVIDUAL <A] actually licensed to
perform such work. Unlicensed [D> persons <D] [A> INDIVIDUALS <A] shall not
supervise the performance of electrical work or make assignments of electrical
work to unlicensed [D> persons <D] [A> INDIVIDUALS <A] . Except for technology
circuit or system work, licensed [D> persons <D] [A> INDIVIDUALS <A] shall
supervise no more than two unlicensed [D> persons <D] [A> INDIVIDUALS <A] . For
technology circuit or system work, licensed [D> persons <D] [A> INDIVIDUALS <A]
shall supervise no more than three unlicensed [D> persons <D] [A> INDIVIDUALS
<A] .

(b) Notwithstanding any other provision of this section, no [D> person <D]
[A> INDIVIDUAL <A] other than a master electrician or power limited technician
shall plan or lay out electrical wiring, apparatus, or equipment for light,
heat, power, or other purposes, except circuits or systems exempted from
personal licensing by subdivision 12, paragraph (b).

(c) Contractors employing unlicensed [D> persons performing <D] [A>
INDIVIDUALS TO PERFORM <A] electrical work shall maintain records establishing
compliance with this subdivision [D> , which <D] [A> THAT <A] shall [D>
designate <D] [A> IDENTIFY <A] all unlicensed [D> persons <D] [A> INDIVIDUALS
<A] performing electrical work, except for [D> persons <D] [A> INDIVIDUALS <A]
working on circuits or systems exempted from personal licensing by subdivision
12, paragraph (b), and shall permit the [D> board <D] [A> DEPARTMENT <A] to
examine and copy all such records [D> as provided for in section 326.244,
subdivision 6 <D] .

[A> (D) WHEN A LICENSED INDIVIDUAL SUPERVISES THE ELECTRICAL WORK OF AN
UNLICENSED INDIVIDUAL, THE LICENSED INDIVIDUAL IS RESPONSIBLE FOR ENSURING THAT
THE ELECTRICAL WORK COMPLIES WITH THE MINNESOTA ELECTRICAL ACT AND ALL RULES
ADOPTED UNDER THE ACT. <A]

[A> SUBD. 5A. REGISTRATION OF UNLICENSED INDIVIDUALS. UNLICENSED INDIVIDUALS
PERFORMING ELECTRICAL WORK FOR A CONTRACTOR OR EMPLOYER SHALL REGISTER WITH THE
DEPARTMENT IN THE MANNER PRESCRIBED BY THE COMMISSIONER. EXPERIENCE CREDIT FOR
ELECTRICAL WORK PERFORMED IN MINNESOTA AFTER JANUARY 1, 2008, BY AN APPLICANT
FOR A LICENSE IDENTIFIED IN THIS SECTION SHALL NOT BE GRANTED WHERE THE
APPLICANT HAS NOT REGISTERED WITH OR IS NOT LICENSED BY THE DEPARTMENT. <A]

Subd. 6. Contractor's license required. Except as otherwise provided by law,
no [D> person <D] [A> INDIVIDUAL <A] other than an employee, partner, or officer
of a licensed contractor, as defined by section [D> 326.01 <D] [A> 326B.31 <A] ,
subdivision [D> 5 <D] [A> 12 <A] , shall [D> undertake <D] [A> PERFORM <A] or
offer to [D> undertake to plan for, lay out, supervise or install or to make
additions, alterations, or repairs in the installation of electrical wiring,
apparatus, and equipment for light, heat, power, and other purposes <D] [A>
PERFORM ELECTRICAL WORK <A] with or without compensation unless the [D> person
<D] [A> INDIVIDUAL <A] obtains a contractor's license. A contractor's license
does not of itself qualify its holder to perform or supervise the electrical
work authorized by holding any class of personal [D> electrical <D] license.

Subd. 6a. Bond required. [A> AS A CONDITION OF LICENSING, <A] each contractor
shall give and maintain bond to the state in the [D> penal <D] sum of [D> $
5,000 <D] [A> $ 25,000 <A] conditioned upon the faithful and lawful performance
of all work [D> entered upon <D] [A> CONTRACTED FOR OR PERFORMED <A] by the
contractor within the state of Minnesota and such bond shall be for the benefit
of persons injured or suffering financial loss by reason of failure of such
performance. The bond shall be filed with the [D> board <D] [A> COMMISSIONER <A]
and shall be in lieu of all other license bonds to any [A> OTHER <A] political
subdivision. Such bond shall be written by a corporate surety licensed to do
business in the state of Minnesota.

Subd. 6b. Insurance required. Each contractor shall have and maintain in
effect general liability insurance, which includes premises and operations
insurance and products and completed operations insurance, with limits of at
least $ 100,000 per occurrence, $ 300,000 aggregate limit for bodily injury, and
property damage insurance with limits of at least [D> $ 25,000 <D] [A> $ 50,000
<A] or a policy with a single limit for bodily injury and property damage of $
300,000 per occurrence and $ 300,000 aggregate limits. Such insurance shall be
written by an insurer licensed to do business in the state of Minnesota and each
contractor shall maintain on file with the [D> board <D] [A> COMMISSIONER <A] a
certificate evidencing such insurance which provides that such insurance shall
not be canceled without the insurer first giving 15 days written notice to the
[D> board <D] [A> COMMISSIONER <A] of such cancellation.

Subd. 6c. Employment of master electrician or power limited technician.

(a) [D> No contractor shall engage in business of electrical contracting
unless the contractor employs a licensed Class A master or Class B <D] [A> EACH
CONTRACTOR MUST DESIGNATE A RESPONSIBLE <A] master electrician [D> , <D] or
power limited technician, who shall be responsible for the performance of all
electrical work in accordance with the requirements of sections [D> 326.241 to
326.248 <D] [A> 326B.31 TO 326B.399 <A] or any rule or order adopted or issued
under these sections. The classes of work [D> for which the <D] [A> THAT A <A]
licensed contractor is authorized [A> TO PERFORM <A] shall be limited to [D>
those for which such Class A master electrician, Class B master electrician, or
power limited technician employed by the contractor <D] [A> THE CLASSES OF WORK
THAT THE RESPONSIBLE MASTER ELECTRICIAN OR POWER LIMITED ELECTRICIAN <A] is
licensed [A> TO PERFORM <A] .

(b) When a contractor's license is held by an individual, [A> SOLE
PROPRIETORSHIP, <A] partnership, limited liability company, or corporation and
the individual, [A> PROPRIETOR, <A] one of the partners, one of the members, or
an officer of the corporation, respectively, is not the responsible master
electrician or power limited technician [D> of record <D] , all requests for
inspection shall be signed by the responsible master electrician or power
limited technician [D> of record <D] . [D> The designated responsible master
electrician or power limited technician of record shall be employed by the
individual, partnership, limited liability company, or corporation which is
applying for a contractor's license and shall not be employed in any capacity as
a licensed electrician or licensed technician by any other contractor or
employer designated in subdivision 12. <D] [A> IF THE CONTRACTOR IS AN
INDIVIDUAL OR A SOLE PROPRIETORSHIP, THE RESPONSIBLE LICENSED INDIVIDUAL MUST BE
THE INDIVIDUAL, PROPRIETOR, OR MANAGING EMPLOYEE. IF THE CONTRACTOR IS A
PARTNERSHIP, THE RESPONSIBLE LICENSED INDIVIDUAL MUST BE A GENERAL PARTNER OR
MANAGING EMPLOYEE. IF THE LICENSED CONTRACTOR IS A LIMITED LIABILITY COMPANY,
THE RESPONSIBLE LICENSED INDIVIDUAL MUST BE A CHIEF MANAGER OR MANAGING
EMPLOYEE. IF THE CONTRACTOR IS A CORPORATION, THE RESPONSIBLE LICENSED
INDIVIDUAL MUST BE AN OFFICER OR MANAGING EMPLOYEE. IF THE RESPONSIBLE LICENSED
INDIVIDUAL IS A MANAGING EMPLOYEE, THE RESPONSIBLE LICENSED INDIVIDUAL MUST BE
ACTIVELY ENGAGED IN PERFORMING ELECTRICAL WORK ON BEHALF OF THE CONTRACTOR, AND
CANNOT BE EMPLOYED IN ANY CAPACITY AS AN ELECTRICIAN OR TECHNICIAN BY ANY OTHER
CONTRACTOR OR EMPLOYER DESIGNATED IN SUBDIVISION 12. AN INDIVIDUAL MAY BE THE
RESPONSIBLE LICENSED INDIVIDUAL FOR ONLY ONE CONTRACTOR OR EMPLOYER. <A]

(c) All applications [A> AND RENEWALS <A] for [D> contractor's <D] [A>
CONTRACTOR <A] licenses [D> and all renewals <D] shall include a verified
statement that the applicant or licensee has complied with this subdivision.

Subd. 7. Examination. In addition to the [A> OTHER <A] requirements [D>
imposed herein <D] [A> DESCRIBED IN THIS SECTION <A] and except as [D> herein
otherwise <D] provided [A> IN SUBDIVISION 11 <A] , as a precondition to issuance
of a personal license, each applicant must pass a written or oral examination
[D> given <D] [A> DEVELOPED AND ADMINISTERED <A] by the [D> board <D] [A>
COMMISSIONER <A] to [D> insure <D] [A> ENSURE <A] the competence of each
applicant for license. An oral examination shall be administered only to an
applicant who furnishes a written statement from a certified teacher or other
professional, trained in the area of reading disabilities stating that the
applicant has a specific reading disability which would prevent the applicant
from performing satisfactorily on a written test. The oral examination shall be
structured so that an applicant who passes the examination will not impair the
applicant's own safety or that of others while acting as a licensed [D> person
<D] [A> INDIVIDUAL <A] . No [D> person <D] [A> INDIVIDUAL <A] failing an
examination may retake it for six months thereafter, but within such six months
the [D> person <D] [A> INDIVIDUAL <A] may take an examination for a lesser grade
of license. Any [D> licensee <D] [A> INDIVIDUAL <A] failing to renew a [A>
PERSONAL <A] license for two years or more after its expiration [A> , AND ANY
LICENSEE WHOSE PERSONAL LICENSE IS REVOKED UNDER THIS CHAPTER, <A] shall be
required to retake the examination before being issued a new license. [A> AN
INDIVIDUAL WHOSE PERSONAL LICENSE IS REVOKED UNDER ANY OTHER CHAPTER IS NOT
REQUIRED TO RETAKE THE EXAMINATION BEFORE BEING ISSUED A NEW LICENSE, UNLESS THE
PERSONAL LICENSE WAS REVOKED TWO YEARS OR MORE BEFORE THE COMMISSIONER RECEIVED
THE COMPLETED APPLICATION FOR A NEW LICENSE. A LICENSEE WHOSE PERSONAL LICENSE
IS SUSPENDED FOR ANY REASON IS NOT REQUIRED TO RETAKE THE EXAMINATION BEFORE THE
PERSONAL LICENSE IS REINSTATED, UNLESS THE PERSONAL LICENSE HAS NOT BEEN
REINSTATED WITHIN TWO YEARS AFTER THE SUSPENSION BEGAN. <A] An applicant for a
personal license shall submit to the [D> board <D] [A> COMMISSIONER <A] an
application and examination fee at the time of application. Upon approval of the
application, the [D> board <D] [A> COMMISSIONER <A] shall schedule the applicant
for the next available examination, which shall be held within 60 days. The
applicant shall be allowed one opportunity to reschedule an examination without
being required to submit another application and examination fee. Additionally,
an applicant who fails an examination, or whose application [D> has been
disapproved, must <D] [A> WAS NOT APPROVED, SHALL <A] submit another application
and examination fee.

Subd. 8. License and renewal fees [A> ; EXPIRATION <A] . [D> All licenses
issued hereunder shall expire in a manner as provided by the board. <D]

[A> (A) UNLESS REVOKED OR SUSPENDED UNDER THIS CHAPTER, ALL LICENSES ISSUED
OR RENEWED UNDER THIS SECTION EXPIRE ON THE DATE SPECIFIED IN THIS SUBDIVISION.
MASTER LICENSES EXPIRE MARCH 1 OF EACH ODD-NUMBERED YEAR AFTER ISSUANCE OR
RENEWAL. ELECTRICAL CONTRACTOR LICENSES EXPIRE MARCH 1 OF EACH EVEN-NUMBERED
YEAR AFTER ISSUANCE OR RENEWAL. TECHNOLOGY SYSTEM CONTRACTOR LICENSES EXPIRE
AUGUST 1 OF EACH EVEN-NUMBERED YEAR AFTER ISSUANCE OR RENEWAL. ALL OTHER
PERSONAL LICENSES EXPIRE TWO YEARS FROM THE DATE OF ORIGINAL ISSUANCE AND EVERY
TWO YEARS THEREAFTER. <A]

[A> (B) <A] Fees [D> , as set by the board, shall be payable <D] for [A>
APPLICATION AND <A] examination, [A> AND FOR THE ORIGINAL <A] issuance and [A>
EACH SUBSEQUENT <A] renewal [D> of the following <D] [A> , ARE <A] :

(1) For [A> EACH PERSONAL LICENSE APPLICATION AND <A] examination: [A> $ 35;
<A] [D> Class A Master. Class B Master. Class A Journeyman, Class B Journeyman,
Installer, Power Limited Technician, or Special Electrician. <D]

(2) For [A> ORIGINAL <A] issuance [D> of original license <D] and [A> EACH
SUBSEQUENT <A] renewal [A> OF <A] : Class A Master [D> . <D] [A> OR MASTER
ELEVATOR CONSTRUCTOR: $ 40 PER YEAR ; <A] Class B Master [D> . <D] [A> : $ 25
PER YEAR ; <A] Power Limited Technician [D> . <D] [A> : $ 15 PER YEAR ; <A]
Class A Journeyman, Class B Journeyman, Installer, [D> or Special <D] [A>
ELEVATOR CONSTRUCTOR, LINEMAN, OR MAINTENANCE <A] Electrician [D> . <D] [A> : $
15 PER YEAR ; <A] [D> Electrical <D] contractor [D> . <D] [A> : $ 100 PER YEAR;
<A] [D> Technology Systems Contractor <D] [A> UNLICENSED INDIVIDUAL
REGISTRATION: $ 15 PER YEAR <A] .

[A> (C) IF ANY NEW LICENSE IS ISSUED IN ACCORDANCE WITH THIS SUBDIVISION FOR
LESS THAN TWO YEARS, THE FEE FOR THE LICENSE SHALL BE PRORATED ON AN ANNUAL
BASIS. <A]

[A> (D) A LICENSE FEE MAY NOT BE REFUNDED AFTER A LICENSE IS ISSUED OR
RENEWED. HOWEVER, IF THE FEE PAID FOR A LICENSE WAS NOT PRORATED IN ACCORDANCE
WITH THIS SUBDIVISION, THE AMOUNT OF THE OVERPAYMENT SHALL BE REFUNDED. <A]

[A> (E) ANY CONTRACTOR WHO SEEKS REISSUANCE OF A LICENSE AFTER IT HAS BEEN
REVOKED OR SUSPENDED UNDER THIS CHAPTER SHALL SUBMIT A REISSUANCE FEE OF $ 100
BEFORE THE LICENSE IS REINSTATED. <A]

[A> (F) THE FEE FOR THE ISSUANCE OF EACH DUPLICATE LICENSE IS $ 15. <A]

[D> (3) <D] [A> (G) <A] An individual or contractor who fails to renew a
license before 30 days after the expiration of the license must submit a late
fee equal to one year's license fee in addition to the full renewal fee. Fees
for renewed licenses are not prorated. An individual or contractor that fails to
renew a license by the expiration date is unlicensed until the license is
renewed.

[D> Subd. 9. Denial, suspension, and revocation of licenses. The board may by
order deny, suspend, revoke, or refuse to renew a license, or may censure a
licensee if the board finds (1) in its discretion that the order is in the
public interest and (2) that, based upon a preponderance of the evidence
presented, the applicant or licensee: <D]

[D> (a) has filed an application for a license which is incomplete in any
material respect or contains any statement which, in light of the circumstances
under which it is made, is false or misleading with respect to any material
fact; <D]

[D> (b) has engaged in any fraudulent, deceptive, or dishonest act or
practice; <D]

[D> (c) has been convicted within the past five years of a misdemeanor
involving a violation of sections 326.241 to 326.248 ; <D]

[D> (d) has violated or failed to comply with sections 326.241 to 326.248 or
any rule or order adopted or issued under these sections; or <D]

[D> (e) has, in the conduct of the applicant's or licensee's affairs,
including, but not limited to, the performance of electrical work, been shown to
be incompetent or untrustworthy. If a licensee engages in conduct that is proven
by a preponderance of the evidence to be a basis for discipline pursuant to
paragraphs (a) to (e), the conduct shall constitute a violation of this
subdivision. The board may take action under this subdivision or any other law
authorizing action against a licensee regardless of whether the underlying
conduct was willful. The board may adopt rules further specifying and defining
actions, conduct, and omissions that constitute fraudulent, deceptive,
dishonest, or prohibited practices, and establishing standards of conduct for
applicants and licensees. <D]

[D> Subd. 9a. Civil penalties. Whenever a preponderance of the evidence
presented proves that a person has violated or failed to comply with sections
326.241 to 326.248 or any rule or order adopted or issued under these sections,
the board may impose a civil penalty upon the person in an amount not to exceed
$ 10,000 per violation. <D]

[D> Subd. 9b. Orders for hearing. The complaint committee may, on behalf of
the board, issue an order requiring a licensee or an applicant for a license to
appear at a hearing on the issue of whether the license should be revoked or
suspended, the licensee censured, the application denied, or a civil penalty
imposed. The order shall be calculated to give reasonable notice of the time and
place for hearing, and shall state the reasons for the entry of the order. All
hearings shall be conducted in accordance with chapter 14. After the hearing,
the board shall enter an order making a disposition of the matter as the facts
require. If the licensee or applicant fails to appear at a hearing of which that
person has been duly notified, the person is in default and the proceeding may
be determined against that person upon consideration of the order for hearing,
the allegations of which may be deemed to be true. <D]

[D> Subd. 9c. Temporary suspension. <D]

[D> (a) The complaint committee may, on behalf of the board and in the public
interest, temporarily suspend a license pending final determination of an order
for hearing. The complaint committee shall not issue a temporary suspension
order until an investigation of the facts has been conducted pursuant to section
214.10 by the attorney general. The complaint committee shall issue a temporary
suspension order only when the safety of life or property is threatened or to
prevent the commission of fraudulent, deceptive, or dishonest acts against the
public. Service of the temporary suspension order is effective if the order is
served on the licensee or counsel of record personally or by first class mail to
the most recent address provided to the board for the licensee or the counsel of
record. <D]

[D> (b) If a license is suspended pending final determination of an order for
hearing, a hearing on the merits shall be held within 45 days of the issuance of
the order of temporary suspension. The administrative law judge shall issue a
report within 30 days after closing of the contested case hearing record. The
board shall issue a final order within 30 days after receipt of that report and
any exceptions. <D]

[D> (c) If the licensee requests a hearing in writing within ten days of
service of the order, the board shall hold a hearing before its own members on
the sole issue of whether there is a reasonable basis to continue, modify, or
vacate the temporary suspension. The board shall hold the hearing within five
working days of the licensee's request for hearing. Evidence presented by the
complaint committee or licensee shall be in affidavit form only. The licensee or
counsel of record for the licensee may appear for oral argument. Within five
working days after the hearing, the board shall issue its order either
continuing or vacating the temporary suspension. <D]

[D> Subd. 9d. Cease and desist order. <D]

[D> (a) Whenever it appears to the complaint committee that any person has
engaged or is about to engage in any act or practice constituting a violation of
sections 326.241 to 326.248 , any other law authorizing the issuance of a cease
and desist order, or any rule or order adopted or issued under these sections,
the complaint committee may, on behalf of the board, issue and cause to be
served upon the person an order requiring the person to cease and desist from
violating sections 326.241 to 326.248 or any rule or order adopted or issued
under these sections. The complaint committee shall not issue a cease and desist
order until an investigation of the facts has been conducted pursuant to section
214.10 by the attorney general. The order shall be calculated to give reasonable
notice of the right of the person to request a hearing and shall state the
reasons for the entry of the order. If no hearing is requested of the board
within 15 days of service of the order, the order shall become final and shall
remain in effect until it is modified or vacated by the board and shall not be
reviewable by a court. <D]

[D> (b) A hearing shall be held not later than 30 days from the date of the
board's receipt of a written hearing request, unless otherwise agreed by the
person requesting the hearing and the complaint committee. Within 30 days of
receipt of the administrative law judge's report and any exceptions, the board
shall issue a final order modifying, vacating, or making permanent the cease and
desist order as the facts require. The final order remains in effect until
modified or vacated by the board. <D]

[D> Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse
the board for all or part of the cost of the proceedings resulting in
disciplinary action or the imposition of civil penalties or the issuance of a
cease and desist order. Such fees include, but are not limited to, the amount
paid by the board for services from the office of administrative hearings,
attorney fees, court reporters, witnesses, reproduction of records, board
members' per diem compensation, board staff time, and expense incurred by board
members and staff. <D]

[D> Subd. 9f. District court action; injunctive relief and civil penalties.
<D]

[D> (a) Whenever it appears to the board, or the complaint committee if
authorized by the board, that any person has engaged or is about to engage in
any act or practice constituting a violation of sections 326.241 to 326.248 or
any rule or order adopted or issued under these sections, the board, or the
complaint committee if authorized by the board, may bring an action in the name
of the board in the Ramsey County District Court or the district court of any
other county in which venue is proper. <D]

[D> (b) The action may be brought to enjoin the acts or practices and to
enforce compliance with sections 326.241 to 326.248 , any other law authorizing
a civil or injunctive action, or any rule or order adopted or issued under these
sections and for a civil penalty not to exceed $ 10,000 for each separate
violation of sections 326.241 to 326.248 , any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections.
<D]

[D> (c) A temporary restraining order and other temporary injunctive relief
shall be granted in the proceeding whenever it appears that any person has
engaged in or is about to engage in any act, conduct, or practice constituting
violation of sections 326.241 to 326.248 , any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections.
The board shall not be required to show irreparable harm. <D]

[D> Subd. 9g. Other remedies. The issuance of a cease and desist order or
injunctive relief under this section does not relieve a person from criminal
prosecution by any competent authority or from disciplinary action by the board
and does not prevent the board from exercising any other authority granted to
it. <D]

[D> Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g
are in addition to all other powers of the board. <D]

[D> Subd. 9i. Cooperation required. A person who is the subject of an
investigation, or who is questioned in connection with an investigation, by or
on behalf of the board or its complaint committee shall cooperate fully with the
investigation. Cooperation includes, but is not limited to: <D]

[D> (1) responding fully and promptly to questions raised by or on behalf of
the board or its complaint committee relating to the subject of the
investigation; <D]

[D> (2) providing copies of records in the person's possession related to the
matter under investigation as requested by the board, its complaint committee,
or the attorney general within the time limit set by the board, its complaint
committee, or the attorney general; <D]

[D> (3) assisting the board, its complaint committee, or the attorney general
in its investigation; and <D]

[D> (4) appearing at conferences or hearings scheduled by the board or its
complaint committee. <D]

[D> Subd. 9j. Disciplinary proceedings closed. Proceedings held before the
board or its complaint committee under chapter 214 or subdivisions 9 to 9d are
exempt from the requirements of section 13D.01 . <D]

[D> Subd. 9k. Conflicts of law. If there is a conflict between sections
326.241 to 326.248 and chapter 214, sections 326.241 to 326.248 shall control.
<D]

[D> Subd. 10. Continuation of business by estates. Upon the death of a master
who is a contractor, the board may permit the decedent's representative to carry
on the business of the decedent for a period not in excess of six months, for
the purpose of completing work under contract or otherwise to comply with
sections 326.241 to 326.248 . The representative shall give such bond as the
board may require conditioned upon the faithful and lawful performance of such
work and such bond shall be for the benefit of persons injured or suffering
financial loss by reason of failure of such performance. Such bond shall be
written by a corporate surety licensed to do business in the state of Minnesota.
Such representative shall also comply with all public liability and property
damage insurance requirements imposed by this chapter upon a licensed
contractor. <D]

Subd. 11. Reciprocity. [D> To the extent that any other state which provides
for the licensing of electricians provides for similar action the board may
grant licenses, without examination, of the same grade and class to an
electrician who has been licensed by such other state for at least one year,
upon payment by the applicant of the required fee and upon the board being
furnished with proof that the required fee and upon the board being furnished
with proof that the qualifications of the applicant are equal to the
qualifications of holders of similar licenses in Minnesota. <D] [A> THE
COMMISSIONER MAY ENTER INTO RECIPROCITY AGREEMENTS FOR PERSONAL LICENSES WITH
ANOTHER STATE IF APPROVED BY THE BOARD. ONCE APPROVED BY THE BOARD, THE
COMMISSIONER MAY ISSUE A PERSONAL LICENSE WITHOUT REQUIRING THE APPLICANT TO
PASS AN EXAMINATION PROVIDED THE APPLICANT: <A]

[A> (A) SUBMITS AN APPLICATION UNDER SECTION 326.242; <A]

[A> (B) PAYS THE FEE REQUIRED UNDER SECTION 326.242; AND <A]

[A> (C) HOLDS A VALID COMPARABLE LICENSE IN THE STATE PARTICIPATING IN THE
AGREEMENT. AGREEMENTS ARE SUBJECT TO THE FOLLOWING: <A]

[A> (1) THE PARTIES TO THE AGREEMENT MUST ADMINISTER A STATEWIDE LICENSING
PROGRAM THAT INCLUDES EXAMINATION AND QUALIFYING EXPERIENCE OR TRAINING
COMPARABLE TO MINNESOTA'S. <A]

[A> (2) THE EXPERIENCE AND TRAINING REQUIREMENTS UNDER WHICH AN INDIVIDUAL
APPLICANT QUALIFIED FOR EXAMINATION IN THE QUALIFYING STATE MUST BE DEEMED EQUAL
TO OR GREATER THAN REQUIRED FOR AN APPLICANT MAKING APPLICATION IN MINNESOTA AT
THE TIME THE APPLICANT ACQUIRED THE LICENSE IN THE QUALIFYING STATE. <A]

[A> (3) THE APPLICANT MUST HAVE ACQUIRED THE LICENSE IN THE QUALIFYING STATE
THROUGH AN EXAMINATION DEEMED EQUIVALENT TO THE SAME CLASS OF LICENSE
EXAMINATION IN MINNESOTA. A LESSER CLASS OF LICENSE MAY BE GRANTED WHERE THE
APPLICANT HAS ACQUIRED A GREATER CLASS OF LICENSE IN THE QUALIFYING STATE AND
THE APPLICANT OTHERWISE MEETS THE CONDITIONS OF THIS SUBDIVISION. <A]

[A> (4) AT THE TIME OF APPLICATION, THE APPLICANT MUST HOLD A VALID LICENSE
IN THE QUALIFYING STATE AND HAVE HELD THE LICENSE CONTINUOUSLY FOR AT LEAST ONE
YEAR BEFORE MAKING APPLICATION IN MINNESOTA. <A]

[A> (5) AN APPLICANT IS NOT ELIGIBLE FOR A LICENSE UNDER THIS SUBDIVISION IF
THE APPLICANT HAS FAILED THE SAME OR GREATER CLASS OF LICENSE EXAMINATION IN
MINNESOTA, OR IF THE APPLICANT'S LICENSE OF THE SAME OR GREATER CLASS HAS BEEN
REVOKED OR SUSPENDED. <A]

[A> (6) AN APPLICANT WHO HAS FAILED TO RENEW A PERSONAL LICENSE FOR TWO YEARS
OR MORE AFTER ITS EXPIRATION IS NOT ELIGIBLE FOR A LICENSE UNDER THIS
SUBDIVISION. <A]

Subd. 12. Exemptions from licensing.

(a) [A> AN INDIVIDUAL WHO IS <A] a maintenance electrician [D> who is
supervised by the responsible master electrician for a contractor who has
contracted with the maintenance electrician's employer to provide services for
which a contractor's license is required or by a master electrician or an
electrical engineer registered with the board and who is an employee of an
employer and is engaged in the maintenance, and repair of electrical equipment,
apparatus, and facilities owned or leased by the employer, and performed within
the limits of property which is owned or leased and operated and maintained by
said employer, shall <D] [A> IS <A] not [D> be <D] required to hold or obtain a
license under sections [D> 326.241 to 326.248 . <D] [A> 326B.31 TO 326B.399 IF:
<A]

[A> (1) THE INDIVIDUAL IS ENGAGED IN THE MAINTENANCE AND REPAIR OF ELECTRICAL
EQUIPMENT, APPARATUS, AND FACILITIES THAT ARE OWNED OR LEASED BY THE
INDIVIDUAL'S EMPLOYER AND THAT ARE LOCATED WITHIN THE LIMITS OF PROPERTY
OPERATED, MAINTAINED, AND EITHER OWNED OR LEASED BY THE INDIVIDUAL'S EMPLOYER;
<A]

[A> (2) THE INDIVIDUAL IS SUPERVISED BY: <A]

[A> (I) THE RESPONSIBLE MASTER ELECTRICIAN FOR A CONTRACTOR WHO HAS
CONTRACTED WITH THE INDIVIDUAL'S EMPLOYER TO PROVIDE SERVICES FOR WHICH A
CONTRACTOR'S LICENSE IS REQUIRED; OR <A]

[A> (II) A LICENSED MASTER ELECTRICIAN, A LICENSED MAINTENANCE ELECTRICIAN,
AN ELECTRICAL ENGINEER, OR, IF THE MAINTENANCE AND REPAIR WORK IS LIMITED TO
TECHNOLOGY CIRCUIT AND SYSTEM WORK, A LICENSED POWER LIMITED TECHNICIAN; AND <A]

[A> (3) THE INDIVIDUAL'S EMPLOYER HAS FILED WITH THE COMMISSIONER A
CERTIFICATE OF RESPONSIBLE PERSON, SIGNED BY THE RESPONSIBLE MASTER ELECTRICIAN
OF THE CONTRACTOR, THE LICENSED MASTER ELECTRICIAN, THE LICENSED MAINTENANCE
ELECTRICIAN, THE ELECTRICAL ENGINEER, OR THE LICENSED POWER LIMITED TECHNICIAN,
AND STATING THAT THE PERSON SIGNING THE CERTIFICATE IS RESPONSIBLE FOR ENSURING
THAT THE MAINTENANCE AND REPAIR WORK PERFORMED BY THE EMPLOYER'S EMPLOYEES
COMPLIES WITH THE MINNESOTA ELECTRICAL ACT AND THE RULES ADOPTED UNDER THAT ACT.
<A]

(b) Employees of a licensed electrical or technology systems contractor or
other employer where provided with supervision by a master electrician in
accordance with subdivision 1, or power limited technician in accordance with
subdivision 3d, paragraph (a), clause (1), are not required to hold a license
under sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] for the
planning, laying out, installing, altering, and repairing of technology circuits
or systems except planning, laying out, or installing:

(1) in other than residential dwellings, class 2 or class 3 remote control
circuits that control circuits or systems other than class 2 or class 3, except
circuits that interconnect these systems through communication, alarm, and
security systems are exempted from this paragraph;

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or
devices containing physically unprotected circuits other than class 2 or class
3; or

(3) technology circuits and systems in hazardous classified locations as
covered by chapter 5 of the National Electrical Code.

(c) Companies and their employees that plan, lay out, install, alter, or
repair class 2 and class 3 remote control wiring associated with plug or cord
and plug connected appliances other than security or fire alarm systems
installed in a residential dwelling are not required to hold a license under
sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] .

(d) Heating, ventilating, air conditioning, and refrigeration contractors and
their employees are not required to hold or obtain a license under sections [D>
326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] when performing heating,
ventilating, air conditioning, or refrigeration work as described in section
326.245.

(e) Employees of any [D> electric <D] [A> ELECTRICAL <A] , communications, or
railway utility, cable communications company as defined in section 238.02, or a
telephone company as defined under section 237.01 or its employees, or of any
independent contractor performing work on behalf of any such utility, cable
communications company, or telephone company, shall not be required to hold a
license under sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] :

(1) while performing work on installations, materials, or equipment which are
owned or leased, and operated and maintained by such utility, cable
communications company, or telephone company in the exercise of its utility,
antenna, or telephone function, and which (i) are used exclusively for the
generation, transformation, distribution, transmission, or metering of electric
current, or the operation of railway signals, or the transmission of
intelligence and do not have as a principal function the consumption or use of
electric current or provided service by or for the benefit of any person other
than such utility, cable communications company, or telephone company, and (ii)
are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction,
and (iii) are not on the load side of the service point or point of entrance for
communication systems;

(2) while performing work on installations, materials, or equipment which are
a part of the street lighting operations of such utility; or

(3) while installing or performing work on outdoor area lights which are
directly connected to a utility's distribution system and located upon the
utility's distribution poles, and which are generally accessible only to
employees of such utility or persons acting under its control or direction.

(f) An owner shall not be required to hold or obtain a license under sections
[D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] .

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE DECEMBER 1, 2007, EXCEPT THAT
THE AMENDMENTS TO SUBDIVISION 8 ARE EFFECTIVE JULY 1, 2007, AND THE AMENDMENTS
TO SUBDIVISION 11 ARE EFFECTIVE RETROACTIVELY FROM JANUARY 1, 2007. <A]

Sec. 21. Minnesota Statutes 2006, section 326.243, is amended to read:

326.243 SAFETY STANDARDS. All electrical wiring, apparatus and equipment for
[D> electric <D] [A> ELECTRICAL <A] light, heat and power, technology circuits
or systems shall comply with the rules of the department [D> of Commerce or the
Department of Labor and Industry, as applicable, <D] [A> AND THE BOARD <A] and
be installed in conformity with accepted standards of construction for safety to
life and property. For the purposes of this chapter, the rules and safety
standards stated at the time the work is done in the then most [D> recently
published <D] [A> CURRENT <A] edition of the National Electrical Code as adopted
by the National Fire Protection Association, Inc. and approved by the American
National Standards Institute, and the National Electrical Safety Code as
published by the Institute of Electrical and Electronics Engineers, Inc. and
approved by the American National Standards Institute, shall be prima facie
evidence of accepted standards of construction for safety to life and property;
provided further, that in the event a Minnesota Building Code is formulated
pursuant to section 16B.61, containing approved methods of electrical
construction for safety to life and property, compliance with said methods of
electrical construction of said Minnesota Building Code shall also constitute
compliance with this section, and provided further, that nothing herein
contained shall prohibit any political subdivision from making and enforcing
more stringent requirements than set forth herein and such requirements shall be
complied with by all licensed electricians working within the jurisdiction of
such political subdivisions.

Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended
to read:

Subd. 1a. Technology systems.

(a) The installation of the technology circuits or systems described in
paragraph (b), except:

(1) minor work performed by a contractor;

(2) work performed by a heating, ventilating, or air conditioning contractor
as described in section 326.245; and

(3) work performed by cable company employees when installing cable
communications systems or telephone company employees when installing telephone
systems, must be inspected as provided in this section for compliance with the
applicable provisions of the National Electrical Code and the applicable
provisions of the National Electrical Safety Code, as those codes were approved
by the American National Standards Institute.

(b) The inspection requirements in paragraph (a) apply to:

(1) [D> remote control circuits controlling <D] class 2 or class 3 remote
control circuits that control circuits or systems other than class 2 or class 3
[D> and indoor lighting <D] , except circuits that interconnect these systems
exempted by section 326.242, subdivision 12, paragraph (b), other than fire
alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, or
devices containing physically unprotected circuits other than class 2 or class
3; or technology circuits and systems in hazardous classified locations as
covered by chapter 5 of the National Electrical Code;

(2) fire alarm systems, other than in one- or two-family dwellings, as
defined in articles 100 and 760 of the National Electrical Code;

(3) technology circuits and systems contained within critical care areas of
health care facilities as defined by the safety standards identified in section
326.243, including, but not limited to, anesthesia and resuscitative alarm and
alerting systems, medical monitoring, and nurse call systems; [D> and <D]

(4) physical security systems within detention facilities [D> . <D] [A> ; AND
<A]

[A> (5) CIRCUITRY AND EQUIPMENT FOR INDOOR LIGHTING SYSTEMS AS DEFINED IN
ARTICLE 411 OF THE NATIONAL ELECTRICAL CODE. <A]

(c) For the purposes of this subdivision "minor work" means the adjustment or
repair and replacement of worn or defective parts of a technology circuit or
system. Minor work may be inspected under this section at the request of the
owner of the property or the person doing the work.

(d) Notwithstanding this subdivision, if an electrical inspector observes
that a contractor, employer, or owner has not complied with accepted standards
when the work was performed, as provided in the most recent editions of the
National Electrical Code and the National Electrical Safety Code as approved by
the American National Standards Institute, the inspector may order the
contractor, employer, or owner who has performed the work to file a request for
electrical inspection, pay an inspection fee, and make any necessary repairs to
comply with applicable standards and require that the work be inspected.

Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding a
subdivision to read:

[A> SUBD. 1B. LICENSES; BOND. ALL INSPECTORS SHALL HOLD LICENSES AS MASTER OR
JOURNEYMAN ELECTRICIANS UNDER THIS CHAPTER. ALL INSPECTORS UNDER CONTRACT WITH
THE DEPARTMENT TO PROVIDE ELECTRICAL INSPECTION SERVICES SHALL GIVE BOND IN THE
AMOUNT OF $ 1,000, CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THEIR DUTIES.
<A]

Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended
to read:

Subd. 2. Procedure.

(a) At or before commencement of any installation required to be inspected by
the [D> board <D] [A> COMMISSIONER <A] , the contractor, installer, special
electrician, or owner making the installation shall submit to the [D> board <D]
[A> COMMISSIONER <A] a request for inspection, in a form prescribed by the [D>
board <D] [A> COMMISSIONER <A] , together with the fees required for the
installation.

(b) The fees required are a handling fee and an inspection fee. The handling
fee shall be set by the [D> board <D] [A> COMMISSIONER <A] in an amount
sufficient to pay the cost of printing and handling the form requesting an
inspection. The inspection fee shall be set by the [D> board <D] [A>
COMMISSIONER <A] in an amount sufficient to pay the actual costs of the
inspection and the [D> board's <D] [A> COMMISSIONER'S <A] costs in administering
the inspection. All fees shall be set pursuant to the procedure of sections
14.001 to 14.69.

(c) If the inspector finds that the installation is not in compliance with
accepted standards of construction for safety to life and property as required
by section 326.243, the inspector shall by written order condemn the
installation or noncomplying portion thereof, or order service to the
installation disconnected, and shall send a copy of the order to the [D> board
<D] [A> COMMISSIONER <A] . If the installation or the noncomplying part will
seriously and proximately endanger human life and property, the order of the
inspector, when approved by the inspector's superior, shall require immediate
condemnation or disconnection. In all other cases, the order of the inspector
shall permit a reasonable opportunity for the installation to be brought into
compliance with accepted standards of construction for safety to life and
property prior to the effective time established for condemnation or
disconnection.

(d) Copies of each condemnation or disconnection order shall be served
personally or by mail upon the property owner, and the contractor, installer, or
special electrician making the installation, and other persons as the [D> board
<D] [A> COMMISSIONER <A] by rule may direct. An aggrieved party may appeal any
condemnation or disconnection order by filing with the [D> board <D] [A>
COMMISSIONER <A] a notice of appeal within ten days after (1) service upon the
aggrieved party of the condemnation or disconnection order, if this service is
required, or (2) filing of the order with the [D> board <D] [A> COMMISSIONER <A]
, whichever is later. The appeal shall proceed and the order of the inspector
shall have the effect the order, by its terms, and the rules of the [D> board
<D] [A> COMMISSIONER <A] provides. The [D> board <D] [A> COMMISSIONER <A] shall
adopt rules providing procedures for the conduct of appeals, including
provisions for the stay of enforcement of the order of the inspector pending
such appeal when justified by the circumstances.

Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended
to read:

Subd. 3. Duty of electrical utility. No electrical installation subject to
inspection by the [D> board <D] [A> COMMISSIONER <A] shall be newly connected or
reconnected for use until there is filed with the electrical utility supplying
power a certificate of the property owner or licensed electrician, directing the
work that inspection has been requested and that the conditions of the
installation are safe for energization, provided further, that in all cases
where an order of condemnation or disconnection has been issued against the
installation or any part thereof, prior to connection or reconnection there
shall also first be filed with the electrical utility supplying the power a copy
of an order of the inspector or the [D> board <D] [A> COMMISSIONER <A]
dismissing such prior order of condemnation or disconnection or approving the
installation as being in compliance with accepted standards of construction for
safety to life and property. With respect to transient projects, the aforesaid
certificate shall also contain a certification that the request for inspection
has been or will be filed with the [D> board <D] [A> COMMISSIONER <A] so as to
be received by it at least five days prior to the date and time energization of
the installation by the utility is to occur, and that the request for inspection
states such date and time, and it shall be the responsibility of the [D> board
<D] [A> COMMISSIONER <A] to have inspection of such transient project occur
prior to the date and time at which the request states energization is to occur.

Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended
to read:

Subd. 4. Powers of political subdivisions. Any political subdivision or the
University of Minnesota may make provision for inspection of electrical
installations within its jurisdiction, in which case it shall keep on file with
the [D> board <D] [A> COMMISSIONER <A] copies of its current inspection
ordinances and codes. No political subdivision or the University of Minnesota
shall require any individual, partnership, corporation or other business
association holding a license from the [D> board <D] [A> COMMISSIONER <A] under
sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] to pay any
license or registration fee, provided however, that any such political
subdivision or the University of Minnesota may provide by ordinance a
requirement that each individual, partnership, corporation or other business
association doing electrical work within the jurisdiction of such political
subdivision or the University of Minnesota have on file with said political
subdivision a copy of the current license issued by the [D> board <D] [A>
COMMISSIONER <A] or such other evidence of such license as may be provided by
the [D> board <D] [A> COMMISSIONER <A] . Each electrical inspector of any
political subdivision or the University of Minnesota shall be a licensed master
or journeyman electrician under section 326.242, subdivision 1 , paragraph (1),
or 2, paragraph (b), and shall not otherwise engage or be employed in the sale,
installing, altering, or repairing of electrical wiring, apparatus, or equipment
for light, heat, power, and other purposes and shall have no financial interest
in any concern engaged in any such business.

Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended
to read:

Subd. 5. Exemptions from inspections. Installations, materials, or equipment
shall not be subject to inspection under sections [D> 326.241 to 326.248 <D] [A>
326B.31 TO 326B.399 <A] :

(1) when owned or leased, operated and maintained by any employer whose
maintenance electricians are exempt from licensing under sections [D> 326.241 to
326.248 <D] [A> 326B.31 TO 326B.399 <A] , while performing electrical
maintenance work only as defined by board rule;

(2) when owned or leased, and operated and maintained by any [D> electric <D]
[A> ELECTRICAL <A] , communications, or railway utility, cable communications
company as defined in section 238.02 , or telephone company as defined under
section 237.01, in the exercise of its utility, antenna, or telephone function;
and

(i) are used exclusively for the generations, transformation, distribution,
transmission, or metering of electric current, or the operation of railway
signals, or the transmission of intelligence, and do not have as a principal
function the consumption or use of electric current by or for the benefit of any
person other than such utility, cable communications company, or telephone
company; and

(ii) are generally accessible only to employees of such utility, cable
communications company, or telephone company or persons acting under its control
or direction; and

(iii) are not on the load side of the service point or point of entrance for
communication systems;

(3) when used in the street lighting operations of an [D> electric <D] [A>
ELECTRICAL <A] utility;

(4) when used as outdoor area lights which are owned and operated by an [D>
electric <D] [A> ELECTRICAL <A] utility and which are connected directly to its
distribution system and located upon the utility's distribution poles, and which
are generally accessible only to employees of such utility or persons acting
under its control or direction;

(5) when the installation, material, and equipment are in facilities subject
to the jurisdiction of the federal Mine Safety and Health Act; or

(6) when the installation, material, and equipment is part of an elevator
installation for which the elevator contractor, licensed under section 326.242,
is required to obtain a permit from the authority having jurisdiction as
provided by section 16B.747, and the inspection has been or will be performed by
an elevator inspector certified [D> by the Department of Administration <D] and
licensed by the [D> Board of Electricity <D] [A> DEPARTMENT <A] . This exemption
shall apply only to installations, material, and equipment permitted or required
to be connected on the load side of the disconnecting means required for
elevator equipment under National [D> Electric <D] [A> ELECTRICAL <A] Code
Article 620, and elevator communications and alarm systems within the machine
room, car, hoistway, or elevator lobby.

Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read:

326.2441 INSPECTION FEE SCHEDULE.

Subdivision 1. Schedule. State electrical inspection fees shall be [D> paid
according to <D] [A> CALCULATED IN ACCORDANCE WITH <A] subdivisions 2 to [D> 13
<D] [A> 15 <A] .

Subd. 2. Fee for each separate inspection. The minimum fee for each separate
inspection of an installation, replacement, alteration, or repair is [D> $ 20.
<D] [A> $ 35. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE MAXIMUM NUMBER
OF SEPARATE INSPECTIONS ALLOWED WITHOUT PAYMENT OF AN ADDITIONAL FEE IS THE
WHOLE NUMBER RESULTING FROM DIVIDING BY 35 THE TOTAL FEE CALCULATED IN
ACCORDANCE WITH THIS SECTION. WHERE ADDITIONAL SEPARATE INSPECTIONS ARE
NECESSARY, ADDITIONAL FEES ARE REQUIRED TO RESULT IN A VALUE EQUAL TO THE TOTAL
NUMBER OF SEPARATE INSPECTIONS MULTIPLIED BY 35. THE FEE FOR ANY INSPECTIONS
NEEDED AFTER A "FINAL INSPECTION" IS PERFORMED SHALL BE CALCULATED WITHOUT
CONSIDERATION OF ANY FEE PAID BEFORE THE FINAL INSPECTION. <A]

Subd. 3. Fee for services, generators, other power supply sources [A> , OR
FEEDERS TO SEPARATE STRUCTURES <A] . The inspection fee for the installation,
addition, alteration, or repair of each service, change of service, temporary
service, generator, other power supply source, or feeder to a separate structure
is:

(1) 0 ampere to and including 400 ampere capacity, [D> $ 25 <D] [A> $ 35 <A]
;

(2) 401 ampere to and including 800 ampere capacity, [D> $ 50 <D] [A> $ 60
<A] ; and

(3) ampere capacity above 800, [D> $ 75 <D] [A> $ 100 <A] . Where multiple
disconnects are grouped at a single location and are supplied by a single set of
supply conductors the cumulative rating of the overcurrent devices shall be used
to determine the supply ampere capacity.

Subd. 4. Fee for circuits, feeders, feeder taps, or [A> SETS OF TRANSFORMER
SECONDARY <A] conductors. The inspection fee for the installation, addition,
alteration, or repair of each circuit, feeder, feeder tap, or set of transformer
secondary conductors, including the equipment served, is:

(1) 0 ampere to and including 200 ampere capacity, [D> $ 5 <D] [A> $ 6 <A] ;
and

(2) ampere capacity above 200, [D> $ 10 <D] [A> $ 15 <A] . [A> WHERE EXISTING
FEEDERS AND CIRCUITS ARE RECONNECTED TO OVERCURRENT DEVICES INSTALLED AS PART OF
THE REPLACEMENT OF AN EXISTING DISCONNECT, SWITCHBOARD, MOTOR CONTROL CENTER, OR
PANELBOARD, THE INSPECTION FEE FOR EACH CIRCUIT OR FEEDER IS $ 2. <A]

Subd. 5. [D> Limitations to fees of subdivisions 3 and 4 <D] [A> INSPECTION
FEE FOR DWELLINGS <A] .

(a) The [A> INSPECTION <A] fee for a one-family dwelling and each dwelling
unit of a two-family dwelling [D> with a supply of up to 500 amperes where a
combination of ten or more sources of supply, feeders, or circuits are
installed, added, altered, repaired, or extended is $ 80. <D] [A> IS THE
FOLLOWING: <A]

[A> (1) THE FEE FOR EACH SERVICE OR OTHER SOURCE OF POWER AS PROVIDED IN
SUBDIVISION 3; <A]

[A> (2) $ 100 FOR UP TO 30 FEEDERS AND CIRCUITS; AND <A]

[A> (3) FOR EACH ADDITIONAL FEEDER OR CIRCUIT, THE FEE AS PROVIDED IN
SUBDIVISION 4. <A] This fee applies to each separate installation for new
dwellings and [D> additions, alterations, or repairs to existing dwellings and
includes not more than two inspections. <D] [A> WHERE 15 OR MORE FEEDERS OR
CIRCUITS ARE INSTALLED OR EXTENDED IN CONNECTION WITH ANY ADDITION, ALTERATION,
OR REPAIR TO EXISTING DWELLINGS. WHERE EXISTING FEEDERS AND CIRCUITS ARE
RECONNECTED TO OVERCURRENT DEVICES INSTALLED AS PART OF THE REPLACEMENT OF AN
EXISTING PANELBOARD, THE FEE FOR EACH RECONNECTED FEEDER OR CIRCUIT IS $ 2. THE
MAXIMUM NUMBER OF SEPARATE INSPECTIONS SHALL BE DETERMINED IN ACCORDANCE WITH
SUBDIVISION 2. <A] The fee for additional inspections or other installations is
that specified in subdivisions 2 [D> to <D] [A> , <A] 4 [A> , 6, AND 8 <A] . The
installer may submit fees for additional inspections when filing the request for
electrical inspection. [A> THE FEE FOR EACH DETACHED ACCESSORY STRUCTURE
DIRECTLY ASSOCIATED WITH A DWELLING UNIT SHALL BE CALCULATED IN ACCORDANCE WITH
SUBDIVISIONS 3 AND 4. WHEN INCLUDED ON THE SAME REQUEST FOR ELECTRICAL
INSPECTION FORM, INSPECTION FEES FOR DETACHED ACCESSORY STRUCTURES DIRECTLY
ASSOCIATED WITH THE DWELLING UNIT MAY BE COMBINED WITH THE DWELLING UNIT FEES TO
DETERMINE THE MAXIMUM NUMBER OF SEPARATE INSPECTIONS IN ACCORDANCE WITH
SUBDIVISION 2. <A]

(b) The [A> INSPECTION <A] fee for each dwelling unit of a multifamily
dwelling with three [D> to 12 <D] [A> OR MORE <A] dwelling units is [D> $ 50 and
the fee for each additional dwelling unit is $ 25. <D] [A> $ 70 FOR A
COMBINATION OF UP TO 20 FEEDERS AND CIRCUITS AND $ 6 FOR EACH ADDITIONAL FEEDER
OR CIRCUIT. THIS FEE APPLIES TO EACH SEPARATE INSTALLATION FOR EACH NEW DWELLING
UNIT AND WHERE TEN OR MORE FEEDERS OR CIRCUITS ARE INSTALLED OR EXTENDED IN
CONNECTION WITH ANY ADDITION, ALTERATION, OR REPAIR TO EXISTING DWELLING UNITS.
WHERE EXISTING FEEDERS OR CIRCUITS ARE RECONNECTED TO OVERCURRENT DEVICES
INSTALLED AS PART OF THE REPLACEMENT OF AN EXISTING PANELBOARD, THE FEE FOR EACH
RECONNECTED FEEDER OR CIRCUIT IS $ 2. THE MAXIMUM NUMBER OF SEPARATE INSPECTIONS
FOR EACH DWELLING UNIT SHALL BE DETERMINED IN ACCORDANCE WITH SUBDIVISION 2. THE
FEE FOR ADDITIONAL INSPECTIONS OR FOR INSPECTION OF OTHER INSTALLATIONS IS THAT
SPECIFIED IN SUBDIVISIONS 2, 4, 6, AND 8. <A] These fees include only inspection
of the wiring within individual dwelling units and the final feeder to that unit
[D> . This limitation is subject to the following conditions: <D]

[D> (1) <D] [A> WHERE <A] the multifamily dwelling is provided with common
service equipment and each dwelling unit is supplied by a separate feeder [A> OR
FEEDERS EXTENDED FROM COMMON SERVICE OR DISTRIBUTION EQUIPMENT <A] . The fee for
multifamily dwelling services or other power source supplies and all other
circuits is that specified in subdivisions 2 to 4 [D> ; and <D] [A> . <A]

[D> (2) this limitation applies only to new installations for multifamily
dwellings where the majority of the individual dwelling units are available for
inspection during each inspection trip. <D]

(c) A separate request for electrical inspection form must be filed for each
dwelling unit that is supplied with an individual set of service entrance
conductors. These fees are the one-family dwelling rate specified in paragraph
(a).

Subd. 6. Additions to fees of subdivisions 3 to 5.

(a) The fee for the electrical supply for each manufactured home park lot is
[D> $ 25 <D] [A> $ 35 <A] . This fee includes the service or feeder conductors
up to and including the service equipment or disconnecting means. The fee for
feeders and circuits that extend from the service or disconnecting means is that
specified in subdivision 4.

(b) The fee for each recreational vehicle site electrical supply equipment is
[D> $ 5 <D] [A> $ 6 FOR EACH CIRCUIT ORIGINATING WITHIN THE EQUIPMENT <A] . The
fee for recreational vehicle park services, feeders, and circuits is that
specified in subdivisions 3 and 4.

(c) The fee for each street, parking lot, or outdoor area lighting standard
[D> is $ 1, <D] and [D> the fee for <D] each traffic signal standard is $ 5.
Circuits originating within the standard or traffic signal controller shall not
be used when [D> computing <D] [A> CALCULATING <A] the fee [A> FOR EACH STANDARD
<A] .

(d) The fee for transformers for light, heat, and power is [D> $ 10 <D] [A> $
15 <A] for transformers rated up to ten kilovolt-amperes and [D> $ 20 <D] [A> $
30 <A] for transformers rated in excess of ten kilovolt-amperes. [A> THE
PREVIOUS SENTENCE DOES NOT APPLY TO CLASS 1 TRANSFORMERS OR POWER SUPPLIES FOR
CLASS 1 POWER-LIMITED CIRCUITS OR TO CLASS 2 OR CLASS 3 TRANSFORMERS OR POWER
SUPPLIES. <A]

(e) The fee for transformers and electronic power supplies for electric signs
and outline lighting is $ 5 per unit.

(f) The fee for [D> alarm, communication, remote control, and signaling <D]
[A> TECHNOLOGY <A] circuits or systems, and circuits of less than 50 volts, is
[D> 50 <D] [A> 75 <A] cents for each system device or apparatus.

(g) The fee for each separate inspection of the bonding for a swimming pool,
spa, fountain, an equipotential plane for an agricultural confinement area, or
similar installation [D> shall be $ 20 <D] [A> IS $ 35 <A] . Bonding conductors
and connections require an inspection before being concealed.

(h) The fee for all wiring installed on center pivot irrigation booms is [D>
$ 40 <D] [A> $ 35 PLUS $ 5 FOR EACH ELECTRICAL DRIVE UNIT <A] .

(i) The fee for retrofit modifications to existing lighting fixtures is 25
cents per [D> lighting fixture <D] [A> LUMINAIRE <A] .

[A> (J) WHEN A SEPARATE INSPECTION OF A CONCRETE-ENCASED GROUNDING ELECTRODE
IS PERFORMED, THE FEE IS $ 35. <A]

[A> (K) THE FEES REQUIRED BY SUBDIVISIONS 3 AND 4 ARE DOUBLED FOR
INSTALLATIONS OVER 600 VOLTS. <A]

Subd. 7. Investigation fees: work without a request for electrical
inspection.

(a) Whenever any work for which a request for electrical inspection is
required [D> by the board <D] has begun without the request for electrical
inspection form being filed with the [D> board <D] [A> COMMISSIONER <A] , a
special investigation shall be made before a request for electrical inspection
form is accepted [D> by the board <D] .

(b) An investigation fee, in addition to the full fee required by
subdivisions 1 to 6, shall be paid before an inspection is made. The
investigation fee is two times the [D> hourly rate <D] [A> MINIMUM FEE <A]
specified in subdivision [D> 10 <D] [A> 2 <A] or the inspection fee required by
subdivisions 1 to 6, whichever is greater, not to exceed $ 1,000. The payment of
the investigation fee does not exempt any person from compliance with all other
provisions of the [D> board <D] [A> DEPARTMENT <A] rules or statutes nor from
any penalty prescribed by law.

Subd. 8. Reinspection fee. [A> NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS
2 AND 5, <A] when reinspection is necessary to determine whether unsafe
conditions [A> IDENTIFIED DURING A FINAL INSPECTION <A] have been corrected and
the conditions are not the subject of an appeal pending before the [D> board <D]
[A> COMMISSIONER <A] or any court, a reinspection fee of [D> $ 20 may <D] [A> $
35 SHALL <A] be assessed in writing by the inspector.

Subd. 9. Supplemental fee. When inspections scheduled by the installer are
preempted, obstructed, prevented, or otherwise not able to be completed as
scheduled due to circumstances beyond the control of the inspector, a
supplemental inspection fee of [D> $ 20 may <D] [A> $ 35 SHALL <A] be assessed
in writing by the inspector.

Subd. 10. Special inspection. For inspections not covered in this section, or
for requested special inspections or services, the fee [D> shall be $ 30 <D] [A>
IS $ 80 <A] per hour, including travel time, plus [D> 31 cents <D] [A> THE
STANDARD MILEAGE RATE <A] per mile traveled, plus the reasonable cost of
equipment or material consumed. This provision is applicable to inspection of
empty conduits and other jobs as may be determined by the [D> board <D] [A>
COMMISSIONER <A] . This fee may also be assessed when installations are not
accessible by roadway and require alternate forms of transportation [D> . <D]
[A> OR ARE LOCATED IN THE NORTHWEST ANGLE, OR WHEN INSPECTIONS ARE PERFORMED
OUTSIDE OF MINNESOTA. FOR PURPOSES OF THIS SUBDIVISION, THE STANDARD MILEAGE
RATE IS THE STANDARD MILEAGE RATE EFFECTIVE AT THE TIME OF TRAVEL, AS
ESTABLISHED BY THE INTERNAL REVENUE SERVICE FOR COMPUTING THE DEDUCTIBLE COSTS
OF OPERATING AN AUTOMOBILE FOR BUSINESS EXPENSE PURPOSES. <A]

Subd. 11. Inspection of transitory projects.

(a) For inspection of transitory projects including, but not limited to,
festivals, fairs, carnivals, circuses, shows, production sites, and portable
road construction plants, the inspection procedures and fees are as specified in
paragraphs (b) to (i).

(b) The fee for inspection of each generator or other source of supply is
that specified in subdivision 3. A like fee is required at each engagement or
setup.

(c) In addition to the fee for generators or other sources of supply, there
must be an inspection of all installed feeders, circuits, and equipment at each
engagement or setup at the hourly rate specified in subdivision 10, with a [D>
two-hour <D] [A> ONE-HOUR <A] minimum.

(d) An owner, operator, or appointed representative of a transitory
enterprise including, but not limited to, festivals, fairs, carnivals, circuses,
production companies, shows, portable road construction plants, and similar
enterprises shall notify the [D> board <D] [A> COMMISSIONER <A] of its itinerary
or schedule and make application for initial inspection a minimum of 14 days
before its first engagement or setup. An owner, operator, or appointed
representative of a transitory enterprise who fails to notify the [D> board <D]
[A> COMMISSIONER <A] 14 days before its first engagement or setup may be subject
to the investigation fees specified in subdivision 7. The owner, operator, or
appointed representative shall request inspection and pay the inspection fee for
each subsequent engagement or setup at the time of the initial inspection. For
subsequent engagements or setups not listed on the itinerary or schedule
submitted to the [D> board <D] [A> COMMISSIONER <A] and where the [D> board <D]
[A> COMMISSIONER <A] is not notified at least 48 hours in advance, a charge of $
100 may be made in addition to all required fees.

(e) Amusement rides, devices, concessions, attractions, or other units must
be inspected at their first appearance of the year. The inspection fee is [D> $
20 <D] [A> $ 35 <A] per unit with a supply of up to 60 amperes and [D> $ 30 <D]
[A> $ 40 <A] per unit with a supply above 60 amperes.

(f) An additional fee at the hourly rate specified in subdivision 10 must be
charged for additional time spent by each inspector if equipment is not ready or
available for inspection at the time and date specified on the application for
initial inspection or the request for electrical inspection form.

(g) In addition to the fees specified in paragraphs (a) and (b), a fee of [D>
two hours <D] [A> ONE HOUR <A] at the hourly rate specified in subdivision 10
must be charged for inspections required to be performed on Saturdays, Sundays,
holidays, or after regular business hours.

(h) The fee for reinspection of corrections or supplemental inspections where
an additional trip is necessary may be assessed as specified in subdivision 8.

(i) The [D> board may <D] [A> COMMISSIONER SHALL <A] retain the inspection
fee when an owner, operator, or appointed representative of a transitory
enterprise fails to notify the [D> board <D] [A> COMMISSIONER <A] at least 48
hours in advance of a scheduled inspection that is canceled.

[A> SUBD. 11A. NEGOTIATED FEE. WHEN THE FEE CALCULATED IN ACCORDANCE WITH
SUBDIVISIONS 2 TO 11 RESULTS IN A TOTAL FEE THAT UNREASONABLY EXCEEDS THE COST
OF INSPECTION, THE COMMISSIONER MAY NEGOTIATE A FEE THAT MORE REASONABLY OFFSETS
THE COST OF INSPECTION. <A]

Subd. 12. Handling fee. The handling fee to pay the cost of printing and
handling of the [A> PAPER <A] form requesting an [A> ELECTRICAL <A] inspection
is [A> UP TO <A] $ 1.

Subd. 13. National Electrical Code used for interpretation of provisions. For
purposes of interpretation of this section and Minnesota Rules, chapter 3800,
the most recently adopted edition of the National Electrical Code shall be prima
facie evidence of the definitions, interpretations, and scope of words and terms
used.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 29. Minnesota Statutes 2006, section 326.245, is amended to read:

326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.

Subdivision 1. Manufacturers. Electrical components, apparatus, or appliances
being manufactured within the limits of property which is owned or leased by a
manufacturer and such manufacturer's production employees are not covered by
sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] .

Subd. 2. Electrical appliance units. Installation, alteration, or repair of
electrical appliance units are not covered by sections [D> 326.241 to 326.248
<D] [A> 326B.31 TO 326B.399 <A] . For the purposes of this section, "electrical
appliance units" means all electrical and fossil fuel appliances that use
electricity including, but not limited to, furnaces, water heaters, stoves,
clothes washers, dryers, and dishwashers. The installation of electrical wiring
to an electrical appliance unit is covered by sections [D> 326.241 to 326.248
<D] [A> 326B.31 TO 326B.399 <A] .

Subd. 3. Other units. Planning, laying out, and installation of heating,
ventilating, air conditioning, or refrigeration units are not covered by
sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399 <A] . For purposes
of this section, heating, ventilating, air conditioning, or refrigeration units
include, but are not limited to, air conditioning units, air conditioning
evaporators, air conditioning condensers, air conditioning and refrigeration
chillers, boilers, furnaces, air handling units, rooftop units, humidifiers, ice
makers, and supermarket, ice arena, and bar/restaurant equipment. The
installation of electrical wiring to the unit is covered by sections [D> 326.241
to 326.248 <D] [A> 326B.31 TO 326B.399 <A] .

Subd. 4. Other equipment. Planning, laying out, alteration, replacement, or
repair of heating, ventilating, air conditioning, or refrigeration equipment,
and associated devices, controls, and wiring including wiring in or on the
equipment, are not covered by sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO
326B.399 <A] when the work is performed by an employee of a heating,
ventilating, air conditioning, or refrigeration contractor provided that the
employee performing the work has received a certificate of completion from a
heating, ventilating, air conditioning, or refrigeration apprenticeship program
approved by the state of Minnesota or any class of personal [D> electrical <D]
license issued by the [D> board <D] [A> COMMISSIONER <A] . Employees registered
in an approved heating, ventilating, air conditioning, or refrigeration program
may design, plan, alter, replace, or repair heating, ventilating, air
conditioning, or refrigeration equipment, devices, and controls including wiring
in or on the equipment, under the direction of an employee who has a certificate
of completion from an approved program or any class of personal [D> electrical
<D] license issued by the [D> board <D] [A> COMMISSIONER <A] . The installation
of electrical wiring to the unit is covered by sections [D> 326.241 to 326.248
<D] [A> 326B.31 TO 326B.399 <A] .

Sec. 30. Minnesota Statutes 2006, section 326.248, is amended to read:

326.248 CITATION. Sections [D> 326.241 to 326.248 <D] [A> 326B.31 TO 326B.399
<A] shall be known as the Minnesota Electrical Act.

Sec. 31. [A> (326B.31) DEFINITIONS. <A]

[A> SUBDIVISION 1. SCOPE. FOR PURPOSES OF SECTIONS 326B.31 TO 326B.399, THE
TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN THEM. <A]

[A> SUBD. 2. CLASS A ELECTRICAL CONTRACTOR. "CLASS A ELECTRICAL CONTRACTOR"
MEANS A LICENSED CONTRACTOR WHOSE RESPONSIBLE LICENSED INDIVIDUAL IS A LICENSED
CLASS A MASTER ELECTRICIAN. <A]

[A> SUBD. 7. CLASS B ELECTRICAL CONTRACTOR. "CLASS B ELECTRICAL CONTRACTOR"
MEANS A LICENSED CONTRACTOR WHOSE RESPONSIBLE LICENSED INDIVIDUAL IS A LICENSED
CLASS B MASTER ELECTRICIAN. <A]

[A> SUBD. 23. PERSONAL LICENSE. "PERSONAL LICENSE" MEANS ANY LICENSE ISSUED
BY THE COMMISSIONER UNDER SECTION 326B.33 OR THE RULES ADOPTED UNDER SECTION
326B.33, EXCEPT A CONTRACTOR'S LICENSE. <A]

[A> SUBD. 27. RESPONSIBLE LICENSED INDIVIDUAL. A CONTRACTOR'S "RESPONSIBLE
LICENSED INDIVIDUAL" MEANS THE LICENSED CLASS A MASTER ELECTRICIAN, CLASS B
MASTER ELECTRICIAN, MASTER ELEVATOR CONSTRUCTOR, OR POWER LIMITED TECHNICIAN
DESIGNATED IN WRITING BY THE CONTRACTOR IN THE CONTRACTOR'S LICENSE APPLICATION,
OR IN ANOTHER MANNER ACCEPTABLE TO THE COMMISSIONER, AS THE INDIVIDUAL
RESPONSIBLE FOR THE CONTRACTOR'S COMPLIANCE WITH SECTIONS 326B.31 TO 326B.399
AND ALL RULES AND ORDERS ADOPTED OR ISSUED UNDER THESE SECTIONS. THE TERMS
"LICENSED RESPONSIBLE INDIVIDUAL" AND "LICENSED RESPONSIBLE MASTER ELECTRICIAN
OR POWER LIMITED TECHNICIAN" ARE SYNONYMOUS. <A]

[A> SUBD. 32. TECHNOLOGY SYSTEM CONTRACTOR. "TECHNOLOGY SYSTEM CONTRACTOR"
MEANS A LICENSED CONTRACTOR WHOSE RESPONSIBLE LICENSED INDIVIDUAL IS A LICENSED
POWER LIMITED TECHNICIAN. <A]

Sec. 32. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
EACH SECTION OF MINNESOTA STATUTES LISTED IN COLUMN A WITH THE NUMBER LISTED IN
COLUMN B. THE REVISOR SHALL ALSO MAKE NECESSARY CROSS-REFERENCE CHANGES
CONSISTENT WITH THE RENUMBERING. <A]

[A> COLUMN A COLUMN B <A]

[A> 326.01, SUBD. 2 326B.31, SUBD. 6 <A]

[A> 326.01, SUBD. 3 326B.31, SUBD. 5 <A]

[A> 326.01, SUBD. 4 326B.31, SUBD. 28 <A]

[A> 326.01, SUBD. 5 326B.31, SUBD. 12 <A]

[A> 326.01, SUBD. 6 326B.31, SUBD. 10 <A]

[A> 326.01, SUBD. 6A 326B.31, SUBD. 9 <A]

[A> 326.01, SUBD. 6B 326B.31, SUBD. 4 <A]

[A> 326.01, SUBD. 6C 326B.31, SUBD. 8 <A]

[A> 326.01, SUBD. 6E 326B.31, SUBD. 22 <A]

[A> 326.01, SUBD. 6F 326B.31, SUBD. 15 <A]

[A> 326.01, SUBD. 6G 326B.31, SUBD. 14 <A]

[A> 326.01, SUBD. 6I 326B.31, SUBD. 13 <A]

[A> 326.01, SUBD. 6J 326B.31, SUBD. 26 <A]

[A> 326.01, SUBD. 6K 326B.31, SUBD. 24 <A]

[A> 326.01, SUBD. 6L 326B.31, SUBD. 31 <A]

[A> 326.01, SUBD. 6M 326B.31, SUBD. 25 <A]

[A> 326.2415 326B.32 <A]

[A> 326.242 326B.33 <A]

[A> 326.2421 326B.34 <A]

[A> 326.243 326B.35 <A]

[A> 326.244 326B.36 <A]

[A> 326.2441 326B.37 <A]

[A> 326.245 326B.38 <A]

[A> 326.247 326B.39 <A]

[A> 326.248 326B.399 <A]

Sec. 33. [A> REPEALER. MINNESOTA STATUTES 2006, SECTIONS 326.01, SUBDIVISION
4; 326.241; AND 326.247, ARE REPEALED. <A]

ARTICLE 6

PLUMBING

Section 1. Minnesota Statutes 2006, section 325E.37, subdivision 6, is
amended to read:

Subd. 6. Scope; limitations.

(a) This section applies to a sales representative who, during some part of
the period of the sales representative agreement:

(1) is a resident of Minnesota or maintains that person's principal place of
business in Minnesota; or

(2) whose geographical territory specified in the sales representative
agreement includes part or all of Minnesota.

(b) To be effective, any demand for arbitration under subdivision 5 must be
made in writing and delivered to the principal on or before one year after the
effective date of the termination of the agreement.

[A> (C) A PROVISION IN ANY CONTRACT BETWEEN A SALES REPRESENTATIVE DEALING IN
PLUMBING EQUIPMENT OR SUPPLIES AND A PRINCIPAL PURPORTING TO WAIVE ANY PROVISION
OF THIS ACT, WHETHER BY EXPRESS WAIVER OR BY A PROVISION STIPULATING THAT THE
CONTRACT IS SUBJECT TO THE LAWS OF ANOTHER STATE, SHALL BE VOID. <A]

Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to
read:

Subd. 7. Journeyman plumber. A "journeyman plumber" is [D> any person <D] [A>
AN INDIVIDUAL <A] , other than a master plumber, who, as a principal occupation,
is engaged as an employee of, or [A> IS <A] otherwise working under the
direction of, a master plumber in the practical installation of plumbing.

Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to
read:

Subd. 8. Master plumber. A "master plumber" is [D> any person <D] [A> AN
INDIVIDUAL WHO IS <A] skilled in the planning, superintending, and the practical
installation of plumbing [D> and <D] [A> , WHO IS <A] otherwise lawfully
qualified to contract for plumbing and installations and to conduct the business
of plumbing and who is familiar with the laws and rules governing the same.

Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:

326.37 RULES; [A> AGREEMENTS WITH MUNICIPALITIES; <A] CAPACITY STANDARDS;
LICENSE EXEMPTION.

Subdivision 1. Rules. The [D> state commissioner of health <D] [A> PLUMBING
BOARD <A] may, by rule, prescribe minimum standards which shall be uniform [D> ,
<D] and which [D> standards <D] shall [D> thereafter <D] be effective for all
new plumbing installations, including additions, extensions, alterations, and
replacements connected with any water or sewage disposal system owned or
operated by or for any municipality, institution, factory, office building,
hotel, apartment building, or any other place of business regardless of location
or the population of the city or town in which [A> THE INSTALLATION IS TO BE <A]
located. Notwithstanding the provisions of Minnesota Rules, part 4715.3130, as
they apply to review of plans and specifications, the commissioner may allow
plumbing construction, alteration, or extension to proceed without approval of
the plans or specifications by the commissioner. The commissioner shall
administer the provisions of sections [D> 326.37 <D] [A> 326.361 <A] to [D>
326.45 <D] [A> 326.44 <A] and for such purposes may employ plumbing inspectors
and other assistants.

[A> SUBD. 1A. AGREEMENTS WITH MUNICIPALITIES. THE COMMISSIONER MAY ENTER INTO
AN AGREEMENT WITH A MUNICIPALITY, IN WHICH THE MUNICIPALITY AGREES TO PERFORM
PLAN AND SPECIFICATION REVIEWS REQUIRED TO BE PERFORMED BY THE COMMISSIONER
UNDER MINNESOTA RULES, PART 4715.3130, IF: <A]

[A> (A) THE MUNICIPALITY HAS ADOPTED: <A]

[A> (1) THE PLUMBING CODE; <A]

[A> (2) AN ORDINANCE THAT REQUIRES PLUMBING PLANS AND SPECIFICATIONS TO BE
SUBMITTED TO, REVIEWED, AND APPROVED BY THE MUNICIPALITY, EXCEPT AS PROVIDED IN
PARAGRAPH (H); <A]

[A> (3) AN ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO PERFORM INSPECTIONS
REQUIRED BY THE PLUMBING CODE; AND <A]

[A> (4) AN ORDINANCE THAT AUTHORIZES THE MUNICIPALITY TO ENFORCE THE PLUMBING
CODE IN ITS ENTIRETY, EXCEPT AS PROVIDED IN PARAGRAPH (P); <A]

[A> (B) THE MUNICIPALITY AGREES TO REVIEW PLUMBING PLANS AND SPECIFICATIONS
FOR ALL CONSTRUCTION FOR WHICH THE PLUMBING CODE REQUIRES THE REVIEW OF PLUMBING
PLANS AND SPECIFICATIONS, EXCEPT AS PROVIDED IN PARAGRAPH (N); <A]

[A> (C) THE MUNICIPALITY AGREES THAT, WHEN IT REVIEWS PLUMBING PLANS AND
SPECIFICATIONS UNDER PARAGRAPH (B), THE REVIEW WILL: <A]

[A> (1) REFLECT THE DEGREE TO WHICH THE PLANS AND SPECIFICATIONS AFFECT THE
PUBLIC HEALTH AND CONFORM TO THE PROVISIONS OF THE PLUMBING CODE; <A]

[A> (2) ENSURE THAT THERE IS NO PHYSICAL CONNECTION BETWEEN WATER SUPPLY
SYSTEMS THAT ARE SAFE FOR DOMESTIC USE AND THOSE THAT ARE UNSAFE FOR DOMESTIC
USE; AND <A]

[A> (3) ENSURE THAT THERE IS NO APPARATUS THROUGH WHICH UNSAFE WATER MAY BE
DISCHARGED OR DRAWN INTO A SAFE WATER SUPPLY SYSTEM; <A]

[A> (D) THE MUNICIPALITY AGREES TO PERFORM ALL INSPECTIONS REQUIRED BY THE
PLUMBING CODE IN CONNECTION WITH PROJECTS FOR WHICH THE MUNICIPALITY REVIEWS
PLUMBING PLANS AND SPECIFICATIONS UNDER PARAGRAPH (B); <A]

[A> (E) THE COMMISSIONER DETERMINES THAT THE INDIVIDUALS WHO WILL CONDUCT THE
INSPECTIONS AND THE PLUMBING PLAN AND SPECIFICATION REVIEWS FOR THE MUNICIPALITY
DO NOT HAVE ANY CONFLICT OF INTEREST IN CONDUCTING THE INSPECTIONS AND THE PLAN
AND SPECIFICATION REVIEWS; <A]

[A> (F) INDIVIDUALS WHO WILL CONDUCT THE PLUMBING PLAN AND SPECIFICATION
REVIEWS FOR THE MUNICIPALITY ARE: <A]

[A> (1) LICENSED MASTER PLUMBERS; <A]

[A> (2) LICENSED PROFESSIONAL ENGINEERS; OR (3) INDIVIDUALS WHO ARE WORKING
UNDER THE SUPERVISION OF A LICENSED PROFESSIONAL ENGINEER OR LICENSED MASTER
PLUMBER AND WHO ARE LICENSED MASTER OR JOURNEYMAN PLUMBERS OR HOLD A
POSTSECONDARY DEGREE IN ENGINEERING; <A]

[A> (G) INDIVIDUALS WHO WILL CONDUCT THE PLUMBING PLAN AND SPECIFICATION
REVIEWS FOR THE MUNICIPALITY HAVE PASSED A COMPETENCY ASSESSMENT REQUIRED BY THE
COMMISSIONER TO ASSESS THE INDIVIDUAL'S COMPETENCY AT REVIEWING PLUMBING PLANS
AND SPECIFICATIONS; <A]

[A> (H) INDIVIDUALS WHO WILL CONDUCT THE PLUMBING INSPECTIONS FOR THE
MUNICIPALITY ARE LICENSED MASTER OR JOURNEYMAN PLUMBERS, OR INSPECTORS MEETING
THE COMPETENCY REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 16B.655;
<A]

[A> (I) THE MUNICIPALITY AGREES TO ENFORCE IN ITS ENTIRETY THE PLUMBING CODE
ON ALL PROJECTS, EXCEPT AS PROVIDED IN PARAGRAPH (P); <A]

[A> (J) THE MUNICIPALITY AGREES TO KEEP OFFICIAL RECORDS OF ALL DOCUMENTS
RECEIVED, INCLUDING PLANS, SPECIFICATIONS, SURVEYS, AND PLOT PLANS, AND OF ALL
PLAN REVIEWS, PERMITS AND CERTIFICATES ISSUED, REPORTS OF INSPECTIONS, AND
NOTICES ISSUED IN CONNECTION WITH PLUMBING INSPECTIONS AND THE REVIEW OF
PLUMBING PLANS AND SPECIFICATIONS; <A]

[A> (K) THE MUNICIPALITY AGREES TO MAINTAIN THE RECORDS DESCRIBED IN
PARAGRAPH (J) IN THE OFFICIAL RECORDS OF THE MUNICIPALITY FOR THE PERIOD
REQUIRED FOR THE RETENTION OF PUBLIC RECORDS UNDER SECTION 138.17, AND SHALL
MAKE THESE RECORDS READILY AVAILABLE FOR REVIEW AT THE REQUEST OF THE
COMMISSIONER; <A]

[A> (L) THE MUNICIPALITY AND THE COMMISSIONER AGREE THAT IF AT ANY TIME
DURING THE AGREEMENT THE MUNICIPALITY DOES NOT HAVE IN EFFECT THE PLUMBING CODE
OR ANY OF ORDINANCES DESCRIBED IN ITEM (A), OR IF THE COMMISSIONER DETERMINES
THAT THE MUNICIPALITY IS NOT PROPERLY ADMINISTERING AND ENFORCING THE PLUMBING
CODE OR IS OTHERWISE NOT COMPLYING WITH THE AGREEMENT: <A]

[A> (1) THE COMMISSIONER MAY, EFFECTIVE 14 DAYS AFTER THE MUNICIPALITY'S
RECEIPT OF WRITTEN NOTICE, TERMINATE THE AGREEMENT; <A]

[A> (2) THE MUNICIPALITY MAY CHALLENGE THE TERMINATION IN A CONTESTED CASE
BEFORE THE COMMISSIONER PURSUANT TO THE ADMINISTRATIVE PROCEDURE ACT; AND <A]

[A> (3) WHILE ANY CHALLENGE IS PENDING UNDER ITEM (2), THE COMMISSIONER SHALL
PERFORM PLAN AND SPECIFICATION REVIEWS WITHIN THE MUNICIPALITY UNDER MINNESOTA
RULES, PART 4715.3130; <A]

[A> (M) THE MUNICIPALITY AND THE COMMISSIONER AGREE THAT THE MUNICIPALITY MAY
TERMINATE THE AGREEMENT WITH OR WITHOUT CAUSE ON 90 DAYS' WRITTEN NOTICE TO THE
COMMISSIONER; <A]

[A> (N) THE MUNICIPALITY AND THE COMMISSIONER AGREE THAT THE MUNICIPALITY
SHALL FORWARD TO THE STATE FOR REVIEW ALL PLUMBING PLANS AND SPECIFICATIONS FOR
THE FOLLOWING TYPES OF PROJECTS WITHIN THE MUNICIPALITY: <A]

[A> (1) HOSPITALS, NURSING HOMES, SUPERVISED LIVING FACILITIES, AND SIMILAR
HEALTH-CARE-RELATED FACILITIES REGULATED BY THE MINNESOTA DEPARTMENT OF HEALTH;
<A]

[A> (2) BUILDINGS OWNED BY THE FEDERAL OR STATE GOVERNMENT; AND <A]

[A> (3) PROJECTS OF A SPECIAL NATURE FOR WHICH DEPARTMENT REVIEW IS REQUESTED
BY EITHER THE MUNICIPALITY OR THE STATE; <A]

[A> (O) WHERE THE MUNICIPALITY FORWARDS TO THE STATE FOR REVIEW PLUMBING
PLANS AND SPECIFICATIONS, AS PROVIDED IN PARAGRAPH (N), THE MUNICIPALITY SHALL
NOT COLLECT ANY FEE FOR PLAN REVIEW, AND THE COMMISSIONER SHALL COLLECT ALL
APPLICABLE FEES FOR PLAN REVIEW; AND <A]

[A> (P) NO MUNICIPALITY SHALL REVOKE, SUSPEND, OR PLACE RESTRICTIONS ON ANY
PLUMBING LICENSE ISSUED BY THE STATE. <A]

[A> SUBD. 1B. EXISTING AGREEMENTS WITH MUNICIPALITIES. ANY AGREEMENT BETWEEN
THE COMMISSIONER AND A MUNICIPALITY IN WHICH THE MUNICIPALITY HAS AGREED TO
PERFORM PLAN AND SPECIFICATION REVIEWS REQUIRED TO BE PERFORMED BY THE
COMMISSIONER UNDER MINNESOTA RULES, PART 4715.3130, THAT IS IN EFFECT ON THE
EFFECTIVE DATE OF SUBDIVISION 1A, SHALL REMAIN IN EFFECT AND SHALL NOT BE
REQUIRED TO BE IN COMPLIANCE WITH SUBDIVISION 1A. IF ANY AGREEMENT TO PERFORM
PLAN AND SPECIFICATION REVIEWS REQUIRED TO BE PERFORMED BY THE COMMISSIONER
UNDER MINNESOTA RULES, PART 4715.3130, IN EFFECT ON THE EFFECTIVE DATE OF
SUBDIVISION 1A IS LATER TERMINATED BY OPERATION OF THE TERMS OF THE AGREEMENT OR
BY EITHER THE COMMISSIONER OR THE MUNICIPALITY, OR EXPIRES, THEN ANY NEW
AGREEMENT BETWEEN THE COMMISSIONER AND THE MUNICIPALITY TO PERFORM PLAN AND
SPECIFICATION REVIEWS REQUIRED TO BE PERFORMED BY THE COMMISSIONER UNDER
MINNESOTA RULES, PART 4715.3130, SHALL COMPLY WITH SUBDIVISION 1A. <A]

Subd. 2. Standards for capacity. [D> By January 1, 1993, <D] All new
floor-mounted water closets in areas under jurisdiction of the [D> State <D]
plumbing code may not have a flush volume of more than 1.6 gallons. The water
closets must meet the standards [D> of the commissioner and <D] [A> IN THE
PLUMBING CODE AND THE STANDARDS OF <A] the American National Standards
Institute.

Subd. 3. Exemption. No license [A> OR REGISTRATION <A] authorized by [D> this
section <D] [A> SECTIONS 326.361 TO 326.44 <A] shall be required of any [D>
contractor or employee <D] [A> INDIVIDUAL <A] engaged in [A> OR EMPLOYED BY A
PERSON ENGAGED IN <A] the work or business of pipe laying outside of buildings
if such [D> person <D] [A> INDIVIDUAL OR EMPLOYER <A] is engaged in a business
or trade which has traditionally performed such work within the state prior to
January 1, 1994.

[A> SUBD. 4. AIR ADMITTANCE VALVES AND WATER-FREE URINALS PROHIBITED. <A]

[A> (A) MECHANICAL DEVICES AND FITTINGS WITH INTERNAL MOVING PARTS ARE
PROHIBITED FROM INSTALLATION IN PLUMBING VENTING SYSTEMS. <A]

[A> (B) ALL URINALS COVERED UNDER THE JURISDICTION OF THE STATE PLUMBING CODE
MUST HAVE A WATER FLUSH DEVICE WITH A VOLUME OF NOT MORE THAN ONE GALLON PER
USE. <A]

Sec. 5. [A> (326.3705) PLUMBING BOARD. <A]

[A> SUBDIVISION 1. COMPOSITION. <A]

[A> (A) THE PLUMBING BOARD SHALL CONSIST OF 14 MEMBERS. TWELVE MEMBERS SHALL
BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND SHALL
BE VOTING MEMBERS. APPOINTMENTS OF MEMBERS BY THE GOVERNOR SHALL BE MADE IN
ACCORDANCE WITH SECTION 15.066. IF THE SENATE VOTES TO REFUSE TO CONSENT TO AN
APPOINTMENT OF A MEMBER MADE BY THE GOVERNOR, THE GOVERNOR SHALL APPOINT A NEW
MEMBER WITH THE ADVICE AND CONSENT OF THE SENATE. ONE MEMBER SHALL BE THE
COMMISSIONER OF LABOR AND INDUSTRY OR THE COMMISSIONER OF LABOR AND INDUSTRY'S
DESIGNEE, WHO SHALL BE A VOTING MEMBER. ONE MEMBER SHALL BE THE COMMISSIONER OF
HEALTH OR THE COMMISSIONER OF HEALTH'S DESIGNEE, WHO SHALL NOT BE A VOTING
MEMBER. OF THE 12 APPOINTED MEMBERS, THE COMPOSITION SHALL BE AS FOLLOWS: <A]

[A> (1) TWO MEMBERS SHALL BE MUNICIPAL PLUMBING INSPECTORS, ONE FROM THE
METROPOLITAN AREA AND ONE FROM GREATER MINNESOTA; <A]

[A> (2) ONE MEMBER SHALL BE A LICENSED PROFESSIONAL ENGINEER SPECIALIZING IN
PLUMBING DESIGNS OR SYSTEMS; <A]

[A> (3) TWO MEMBERS SHALL BE COMMERCIAL/INDUSTRIAL PLUMBING CONTRACTORS, ONE
FROM THE METROPOLITAN AREA AND ONE FROM GREATER MINNESOTA; <A]

[A> (4) ONE MEMBER SHALL BE A RESIDENTIAL PLUMBING CONTRACTOR; <A]

[A> (5) TWO MEMBERS SHALL BE COMMERCIAL/INDUSTRIAL JOURNEYMEN, ONE FROM THE
METROPOLITAN AREA AND ONE FROM GREATER MINNESOTA; <A]

[A> (6) ONE MEMBER SHALL BE A RESIDENTIAL PLUMBING JOURNEYMAN; <A]

[A> (7) ONE MEMBER SHALL BE A WATER CONDITIONING CONTRACTOR; <A]

[A> (8) ONE MEMBER SHALL BE A MUNICIPAL PUBLIC WATER SUPPLY SYSTEM OPERATOR
OR SUPERINTENDENT; AND <A]

[A> (9) ONE MEMBER SHALL BE A PUBLIC MEMBER AS DEFINED BY SECTION 214.02. ONE
OF THE MUNICIPAL PLUMBING INSPECTORS SHALL BE APPOINTED FOR AN INITIAL TERM TO
END ON DECEMBER 31, 2010. THE OTHER MUNICIPAL PLUMBING INSPECTOR SHALL BE
APPOINTED FOR AN INITIAL TERM TO END ON DECEMBER 31, 2011. THE PROFESSIONAL
ENGINEER SHALL BE APPOINTED FOR AN INITIAL TERM TO END ON DECEMBER 31, 2011. ONE
OF THE COMMERCIAL/INDUSTRIAL PLUMBING CONTRACTORS SHALL BE APPOINTED FOR AN
INITIAL TERM TO END ON DECEMBER 31, 2010. THE OTHER COMMERCIAL/INDUSTRIAL
PLUMBING CONTRACTOR SHALL BE APPOINTED FOR AN INITIAL TERM TO END ON DECEMBER
31, 2011. THE RESIDENTIAL PLUMBING CONTRACTOR SHALL BE APPOINTED FOR AN INITIAL
TERM TO END ON DECEMBER 31, 2010. ONE OF THE COMMERCIAL/INDUSTRIAL PLUMBING
JOURNEYMEN SHALL BE APPOINTED FOR AN INITIAL TERM TO END ON DECEMBER 31, 2011.
THE OTHER COMMERCIAL/INDUSTRIAL PLUMBING JOURNEYMAN SHALL BE APPOINTED FOR AN
INITIAL TERM TO END ON DECEMBER 31, 2010. THE RESIDENTIAL PLUMBING JOURNEYMAN
SHALL BE APPOINTED FOR AN INITIAL TERM TO END ON DECEMBER 31, 2011. THE WATER
CONDITIONING CONTRACTOR SHALL BE APPOINTED FOR AN INITIAL TERM TO END ON
DECEMBER 31, 2011. THE MUNICIPAL PUBLIC WATER SUPPLY SYSTEM OPERATOR OR
SUPERINTENDENT SHALL BE APPOINTED FOR AN INITIAL TERM TO END ON DECEMBER 31,
2010. THE PUBLIC MEMBER SHALL BE APPOINTED FOR A TERM TO END DECEMBER 31, 2010.
<A]

[A> (B) THE LICENSED PROFESSIONAL ENGINEER MUST POSSESS A CURRENT MINNESOTA
PROFESSIONAL ENGINEERING LICENSE AND MAINTAIN THE LICENSE FOR THE DURATION OF
THEIR TERM. ALL OTHER APPOINTED MEMBERS, EXCEPT FOR THE WATER CONDITIONING
CONTRACTOR AND THE MUNICIPAL PUBLIC WATER SUPPLY SYSTEM OPERATOR OR
SUPERINTENDENT, MUST POSSESS A CURRENT PLUMBING LICENSE ISSUED BY THE DEPARTMENT
OF LABOR AND INDUSTRY AND MAINTAIN THAT LICENSE FOR THE DURATION OF THEIR TERM.
THE WATER CONDITIONING CONTRACTOR MUST BE LICENSED AS A WATER CONDITIONING
CONTRACTOR BY THE DEPARTMENT OF LABOR AND INDUSTRY AND MAINTAIN THE LICENSE FOR
THE DURATION OF THE TERM ON THE BOARD. ALL APPOINTED MEMBERS MUST BE RESIDENTS
OF MINNESOTA AT THE TIME OF AND THROUGHOUT THE MEMBER'S APPOINTMENT. THE TERM OF
ANY APPOINTED MEMBER THAT DOES NOT MAINTAIN MEMBERSHIP QUALIFICATION STATUS
SHALL END ON THE DATE OF THE STATUS CHANGE AND THE GOVERNOR SHALL APPOINT A NEW
MEMBER. IT IS THE RESPONSIBILITY OF THE MEMBER TO NOTIFY THE BOARD OF THE
MEMBER'S STATUS CHANGE. <A]

[A> (C) FOR APPOINTED MEMBERS, EXCEPT THE INITIAL TERMS DESIGNATED IN
PARAGRAPH (A), EACH TERM SHALL BE THREE YEARS WITH THE TERMS ENDING ON DECEMBER
31. MEMBERS APPOINTED BY THE GOVERNOR SHALL BE LIMITED TO THREE CONSECUTIVE
TERMS. THE GOVERNOR SHALL, ALL OR IN PART, REAPPOINT THE CURRENT MEMBERS OR
APPOINT REPLACEMENT MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE. MIDTERM
VACANCIES SHALL BE FILLED FOR THE REMAINING PORTION OF THE TERM. VACANCIES
OCCURRING WITH LESS THAN SIX MONTHS TIME REMAINING IN THE TERM SHALL BE FILLED
FOR THE EXISTING TERM AND THE FOLLOWING THREE-YEAR TERM. MEMBERS MAY SERVE UNTIL
THEIR SUCCESSORS ARE APPOINTED BUT IN NO CASE LATER THAN JULY 1 IN A YEAR IN
WHICH THE TERM EXPIRES UNLESS REAPPOINTED. <A]

[A> SUBD. 2. POWERS; DUTIES; ADMINISTRATIVE SUPPORT. <A]

[A> (A) THE BOARD SHALL HAVE THE POWER TO: <A]

[A> (1) ELECT ITS CHAIR, VICE-CHAIR, AND SECRETARY; <A]

[A> (2) ADOPT BYLAWS THAT SPECIFY THE DUTIES OF ITS OFFICERS, THE MEETING
DATES OF THE BOARD, AND CONTAINING SUCH OTHER PROVISIONS AS MAY BE USEFUL AND
NECESSARY FOR THE EFFICIENT CONDUCT OF THE BUSINESS OF THE BOARD; <A]

[A> (3) ADOPT THE PLUMBING CODE THAT MUST BE FOLLOWED IN THIS STATE AND ANY
PLUMBING CODE AMENDMENTS THERETO. THE BOARD SHALL ADOPT THE PLUMBING CODE AND
ANY AMENDMENTS THERETO PURSUANT TO CHAPTER 14 AND AS PROVIDED IN SUBDIVISION 6,
PARAGRAPHS (B), (C), AND (D); <A]

[A> (4) REVIEW REQUESTS FOR FINAL INTERPRETATIONS AND ISSUE FINAL
INTERPRETATIONS AS PROVIDED IN SECTION 16B.63, SUBDIVISION 5; <A]

[A> (5) EXCEPT FOR RULES REGULATING CONTINUING EDUCATION, ADOPT RULES THAT
REGULATE THE LICENSURE OR REGISTRATION OF PLUMBING CONTRACTORS, JOURNEYMEN,
APPRENTICES, MASTER PLUMBERS, RESTRICTED MASTER PLUMBERS, AND RESTRICTED
JOURNEYMEN AND OTHER PERSONS ENGAGED IN THE DESIGN, INSTALLATION, AND ALTERATION
OF PLUMBING SYSTEMS, EXCEPT FOR THOSE INDIVIDUALS LICENSED UNDER SECTIONS
326.02, SUBDIVISIONS 2 AND 3. THE BOARD SHALL ADOPT THESE RULES PURSUANT TO
CHAPTER 14 AND AS PROVIDED IN SUBDIVISION 6, PARAGRAPHS (E) AND (F); <A]

[A> (6) ADVISE THE COMMISSIONER REGARDING EDUCATIONAL REQUIREMENTS FOR
PLUMBING INSPECTORS; <A]

[A> (7) REFER COMPLAINTS OR OTHER COMMUNICATIONS TO THE COMMISSIONER, WHETHER
ORAL OR WRITTEN, AS PROVIDED IN SUBDIVISION 7, THAT ALLEGES OR IMPLIES A
VIOLATION OF A STATUTE, RULE, OR ORDER THAT THE COMMISSIONER HAS THE AUTHORITY
TO ENFORCE PERTAINING TO CODE COMPLIANCE, LICENSURE, OR AN OFFERING TO PERFORM
OR PERFORMANCE OF UNLICENSED PLUMBING SERVICES; <A]

[A> (8) APPROVE PER DIEM AND EXPENSES DEEMED NECESSARY FOR ITS MEMBERS AS
PROVIDED IN SUBDIVISION 3; <A]

[A> (9) APPROVE LICENSE RECIPROCITY AGREEMENTS; <A]

[A> (10) SELECT FROM ITS MEMBERS INDIVIDUALS TO SERVE ON ANY OTHER STATE
ADVISORY COUNCIL, BOARD, OR COMMITTEE; AND <A]

[A> (11) RECOMMEND THE FEES FOR LICENSES AND CERTIFICATIONS. EXCEPT FOR THE
POWERS GRANTED TO THE PLUMBING BOARD, THE BOARD OF ELECTRICITY, AND THE BOARD OF
HIGH PRESSURE PIPING SYSTEMS, THE COMMISSIONER OF LABOR AND INDUSTRY SHALL
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND ANY RULES PROMULGATED
PURSUANT THERETO. <A]

[A> (B) THE BOARD SHALL COMPLY WITH SECTION 15.0597, SUBDIVISIONS 2 AND 4.
<A]

[A> (C) THE COMMISSIONER SHALL COORDINATE THE BOARD'S RULEMAKING AND
RECOMMENDATIONS WITH THE RECOMMENDATIONS AND RULEMAKING CONDUCTED BY THE OTHER
BOARDS CREATED PURSUANT TO CHAPTER 326B. THE COMMISSIONER SHALL PROVIDE STAFF
SUPPORT TO THE BOARD. THE SUPPORT INCLUDES PROFESSIONAL, LEGAL, TECHNICAL, AND
CLERICAL STAFF NECESSARY TO PERFORM RULEMAKING AND OTHER DUTIES ASSIGNED TO THE
BOARD. THE COMMISSIONER OF LABOR AND INDUSTRY SHALL SUPPLY NECESSARY OFFICE
SPACE AND SUPPLIES TO ASSIST THE BOARD IN ITS DUTIES. <A]

[A> SUBD. 3. COMPENSATION. <A]

[A> (A) MEMBERS OF THE BOARD MAY BE COMPENSATED AT A RATE OF $ 55 A DAY SPENT
ON BOARD ACTIVITIES, WHEN AUTHORIZED BY THE BOARD, PLUS EXPENSES IN THE SAME
MANNER AND AMOUNT AS AUTHORIZED BY THE COMMISSIONER'S PLAN ADOPTED UNDER SECTION
43A.18, SUBDIVISION 2. MEMBERS WHO, AS A RESULT OF TIME SPENT ATTENDING BOARD
MEETINGS, INCUR CHILD CARE EXPENSES THAT WOULD NOT OTHERWISE HAVE BEEN INCURRED,
MAY BE REIMBURSED FOR THOSE EXPENSES UPON BOARD AUTHORIZATION. <A]

[A> (B) MEMBERS WHO ARE STATE EMPLOYEES OR EMPLOYEES OF THE POLITICAL
SUBDIVISIONS OF THE STATE MUST NOT RECEIVE THE DAILY PAYMENT FOR ACTIVITIES THAT
OCCUR DURING WORKING HOURS FOR WHICH THEY ARE COMPENSATED BY THE STATE OR
POLITICAL SUBDIVISION. HOWEVER, A STATE OR POLITICAL SUBDIVISION EMPLOYEE MAY
RECEIVE THE DAILY PAYMENT IF THE EMPLOYEE USES VACATION TIME OR COMPENSATORY
TIME ACCUMULATED IN ACCORDANCE WITH A COLLECTIVE BARGAINING AGREEMENT OR
COMPENSATION PLAN FOR BOARD ACTIVITIES. MEMBERS WHO ARE STATE EMPLOYEES OR
EMPLOYEES OF THE POLITICAL SUBDIVISIONS OF THE STATE MAY RECEIVE THE EXPENSES
PROVIDED FOR IN THIS SUBDIVISION UNLESS THE EXPENSES ARE REIMBURSED BY ANOTHER
SOURCE. MEMBERS WHO ARE STATE EMPLOYEES OR EMPLOYEES OF POLITICAL SUBDIVISIONS
OF THE STATE MAY BE REIMBURSED FOR CHILD CARE EXPENSES ONLY FOR TIME SPENT ON
BOARD ACTIVITIES THAT ARE OUTSIDE THEIR WORKING HOURS. <A]

[A> (C) THE BOARD SHALL ADOPT INTERNAL STANDARDS PRESCRIBING WHAT CONSTITUTES
A DAY SPENT ON BOARD ACTIVITIES FOR PURPOSES OF MAKING DAILY PAYMENTS UNDER THIS
SUBDIVISION. <A]

[A> SUBD. 4. REMOVAL; VACANCIES. <A]

[A> (A) AN APPOINTED MEMBER OF THE BOARD MAY BE REMOVED BY THE GOVERNOR AT
ANY TIME (1) FOR CAUSE, AFTER NOTICE AND HEARING, OR (2) AFTER MISSING THREE
CONSECUTIVE MEETINGS. THE CHAIR OF THE BOARD SHALL INFORM THE GOVERNOR OF AN
APPOINTED MEMBER MISSING THE THREE CONSECUTIVE MEETINGS. AFTER THE SECOND
CONSECUTIVE MISSED MEETING AND BEFORE THE NEXT MEETING, THE SECRETARY OF THE
BOARD SHALL NOTIFY THE APPOINTED MEMBER IN WRITING THAT THE MEMBER MAY BE
REMOVED FOR MISSING THE NEXT MEETING. IN THE CASE OF A VACANCY ON THE BOARD, THE
GOVERNOR SHALL, WITH THE ADVICE AND CONSENT OF THE SENATE, APPOINT A PERSON TO
FILL THE VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM. <A]

[A> (B) VACANCIES SHALL BE FILLED PURSUANT TO SECTION 15.0597, SUBDIVISIONS 5
AND 6. <A]

[A> SUBD. 5. MEMBERSHIP VACANCIES WITHIN THREE MONTHS OF APPOINTMENT.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, WHEN A MEMBERSHIP ON THE BOARD BECOMES
VACANT WITHIN THREE MONTHS AFTER BEING FILLED THROUGH THE APPOINTMENTS PROCESS,
THE GOVERNOR MAY, UPON NOTIFICATION TO THE OFFICE OF SECRETARY OF STATE, CHOOSE
A NEW MEMBER FROM THE APPLICATIONS ON HAND AND NEED NOT REPEAT THE PROCESS. <A]

[A> SUBD. 6. OFFICERS, QUORUM, VOTING. <A]

[A> (A) THE BOARD SHALL ELECT ANNUALLY FROM ITS MEMBERS A CHAIR, VICE-CHAIR,
AND SECRETARY. A QUORUM OF THE BOARD SHALL CONSIST OF A MAJORITY OF MEMBERS OF
THE BOARD QUALIFIED TO VOTE ON THE MATTER IN QUESTION. ALL QUESTIONS CONCERNING
THE MANNER IN WHICH A MEETING IS CONDUCTED OR CALLED THAT IS NOT COVERED BY
STATUTE SHALL BE DETERMINED BY ROBERT'S RULES OF ORDER (REVISED) UNLESS
OTHERWISE SPECIFIED BY THE BYLAWS. <A]

[A> (B) EXCEPT AS PROVIDED IN PARAGRAPH (C), EACH PLUMBING CODE AMENDMENT
CONSIDERED BY THE BOARD THAT RECEIVES AN AFFIRMATIVE TWO-THIRDS OR MORE MAJORITY
VOTE OF ALL OF THE VOTING MEMBERS OF THE BOARD SHALL BE INCLUDED IN THE NEXT
PLUMBING CODE RULEMAKING PROCEEDING INITIATED BY THE BOARD. IF A PLUMBING CODE
AMENDMENT CONSIDERED, OR RECONSIDERED, BY THE BOARD RECEIVES LESS THAN A
TWO-THIRDS MAJORITY VOTE OF ALL THE VOTING MEMBERS OF THE BOARD, THE PLUMBING
CODE AMENDMENT SHALL NOT BE INCLUDED IN THE NEXT PLUMBING CODE RULEMAKING
PROCEEDING INITIATED BY THE BOARD. <A]

[A> (C) IF THE PLUMBING CODE AMENDMENT CONSIDERED BY THE BOARD IS TO REPLACE
THE MINNESOTA PLUMBING CODE WITH A MODEL PLUMBING CODE, THEN THE AMENDMENT MAY
ONLY BE INCLUDED IN THE NEXT PLUMBING CODE RULEMAKING PROCEEDING IF IT RECEIVES
AN AFFIRMATIVE TWO-THIRDS OR MORE MAJORITY VOTE OF ALL THE VOTING MEMBERS OF THE
BOARD. <A]

[A> (D) THE BOARD MAY RECONSIDER PLUMBING CODE AMENDMENTS DURING AN ACTIVE
PLUMBING CODE RULEMAKING PROCEEDING IN WHICH THE AMENDMENT PREVIOUSLY FAILED TO
RECEIVE A TWO-THIRDS MAJORITY VOTE OR MORE OF ALL THE VOTING MEMBERS OF THE
BOARD ONLY IF NEW OR UPDATED INFORMATION THAT AFFECTS THE PLUMBING CODE
AMENDMENT IS PRESENTED TO THE BOARD. THE BOARD MAY ALSO RECONSIDER FAILED
PLUMBING CODE AMENDMENTS IN SUBSEQUENT PLUMBING CODE RULEMAKING PROCEEDINGS. <A]

[A> (E) EACH PROPOSED RULE AND RULE AMENDMENT CONSIDERED BY THE BOARD
PURSUANT TO THE RULEMAKING AUTHORITY SPECIFIED IN SUBDIVISION 2, PARAGRAPH (A),
CLAUSE (5), THAT RECEIVES AN AFFIRMATIVE MAJORITY VOTE OF ALL THE VOTING MEMBERS
OF THE BOARD SHALL BE INCLUDED IN THE NEXT RULEMAKING PROCEEDING INITIATED BY
THE BOARD. IF A PROPOSED RULE OR RULE AMENDMENT CONSIDERED, OR RECONSIDERED, BY
THE BOARD RECEIVES LESS THAN AN AFFIRMATIVE MAJORITY VOTE OF ALL THE VOTING
MEMBERS OF THE BOARD, THE PROPOSED RULE OR RULE AMENDMENT SHALL NOT BE INCLUDED
IN THE NEXT RULEMAKING PROCEEDING INITIATED BY THE BOARD. <A]

[A> (F) THE BOARD MAY RECONSIDER PROPOSED RULES OR RULE AMENDMENTS DURING AN
ACTIVE RULEMAKING PROCEEDING IN WHICH THE AMENDMENT PREVIOUSLY FAILED TO RECEIVE
AN AFFIRMATIVE MAJORITY VOTE OF ALL THE VOTING MEMBERS OF THE BOARD ONLY IF NEW
OR UPDATED INFORMATION THAT AFFECTS THE PROPOSED RULE OR RULE AMENDMENT IS
PRESENTED TO THE BOARD. THE BOARD MAY ALSO RECONSIDER FAILED PROPOSED RULES OR
RULE AMENDMENTS IN SUBSEQUENT RULEMAKING PROCEEDINGS. <A]

[A> SUBD. 6A. BOARD MEETINGS. <A]

[A> (A) THE BOARD SHALL HOLD MEETINGS AT SUCH TIMES AS THE BOARD SHALL
SPECIFY. NOTICE AND CONDUCT OF ALL MEETINGS SHALL BE PURSUANT TO CHAPTER 13D AND
IN SUCH A MANNER AS THE BYLAWS MAY PROVIDE. <A]

[A> (B) IF COMPLIANCE WITH SECTION 13D.02 IS IMPRACTICAL, THE BOARD MAY
CONDUCT A MEETING OF ITS MEMBERS BY TELEPHONE OR OTHER ELECTRONIC MEANS SO LONG
AS THE FOLLOWING CONDITIONS ARE MET: <A]

[A> (1) ALL MEMBERS OF THE BOARD PARTICIPATING IN THE MEETING, WHEREVER THEIR
PHYSICAL LOCATION, CAN HEAR ONE ANOTHER AND CAN HEAR ALL DISCUSSION AND
TESTIMONY; <A]

[A> (2) MEMBERS OF THE PUBLIC PRESENT AT THE REGULAR MEETING LOCATION OF THE
BOARD CAN HEAR CLEARLY ALL DISCUSSION AND TESTIMONY AND ALL VOTES OF MEMBERS OF
THE BOARD AND, IF NEEDED, RECEIVE THOSE SERVICES REQUIRED BY SECTIONS 15.44 AND
15.441; <A]

[A> (3) AT LEAST ONE MEMBER OF THE BOARD IS PHYSICALLY PRESENT AT THE REGULAR
MEETING LOCATION; AND <A]

[A> (4) ALL VOTES ARE CONDUCTED BY ROLL CALL, SO EACH MEMBER'S VOTE ON EACH
ISSUE CAN BE IDENTIFIED AND RECORDED. EACH MEMBER OF THE BOARD PARTICIPATING IN
A MEETING BY TELEPHONE OR OTHER ELECTRONIC MEANS IS CONSIDERED PRESENT AT THE
MEETING FOR PURPOSES OF DETERMINING A QUORUM AND PARTICIPATING IN ALL
PROCEEDINGS. IF TELEPHONE OR OTHER ELECTRONIC MEANS IS USED TO CONDUCT A
REGULAR, SPECIAL, OR EMERGENCY MEETING, THE BOARD, TO THE EXTENT PRACTICAL,
SHALL ALLOW A PERSON TO MONITOR THE MEETING ELECTRONICALLY FROM A REMOTE
LOCATION. THE BOARD MAY REQUIRE THE PERSON MAKING SUCH A CONNECTION TO PAY FOR
DOCUMENTED COSTS THAT THE BOARD INCURS AS A RESULT OF THE ADDITIONAL CONNECTION.
IF TELEPHONE OR OTHER ELECTRONIC MEANS IS USED TO CONDUCT A REGULAR, SPECIAL, OR
EMERGENCY MEETING, THE BOARD SHALL PROVIDE NOTICE OF THE REGULAR MEETING
LOCATION, OF THE FACT THAT SOME MEMBERS MAY PARTICIPATE BY TELEPHONE OR OTHER
ELECTRONIC MEANS, AND THAT A PERSON MAY MONITOR THE MEETING ELECTRONICALLY FROM
A REMOTE LOCATION. ANY PERSON MONITORING THE MEETING ELECTRONICALLY FROM A
REMOTE LOCATION MAY BE REQUIRED TO PAY DOCUMENTED COSTS INCURRED BY THE BOARD AS
A RESULT OF THE ADDITIONAL CONNECTION. THE TIMING AND METHOD OF PROVIDING NOTICE
IS GOVERNED BY SECTION 13D.04. <A]

[A> SUBD. 7. COMPLAINTS. <A]

[A> (A) THE BOARD SHALL PROMPTLY FORWARD TO THE COMMISSIONER THE SUBSTANCE OF
ANY COMPLAINT OR COMMUNICATION IT RECEIVES, WHETHER WRITTEN OR ORAL, THAT
ALLEGES OR IMPLIES A VIOLATION OF A STATUTE, RULE, OR ORDER THAT THE
COMMISSIONER HAS THE AUTHORITY TO ENFORCE PERTAINING TO THE LICENSE OR
REGISTRATION OF ANY PERSON AUTHORIZED BY THE DEPARTMENT TO PROVIDE PLUMBING
SERVICES, THE PERFORMANCE OR OFFERING TO PERFORM PLUMBING SERVICES REQUIRING
LICENSURE BY AN UNLICENSED PERSON, OR PLUMBING CODE COMPLIANCE. EACH COMPLAINT
OR COMMUNICATION THAT IS FORWARDED TO THE COMMISSIONER SHALL BE SUBMITTED ON A
FORM PROVIDED BY THE COMMISSIONER. <A]

[A> (B) THE COMMISSIONER SHALL ADVISE THE BOARD OF THE STATUS OF THE
COMPLAINT WITHIN 90 DAYS AFTER THE BOARD'S WRITTEN SUBMISSION IS RECEIVED, OR
WITHIN 90 DAYS AFTER THE BOARD IS PROVIDED WITH A WRITTEN REQUEST FOR ADDITIONAL
INFORMATION OR DOCUMENTATION FROM THE COMMISSIONER OR THE COMMISSIONER'S
DESIGNEE, WHICHEVER IS LATER. THE COMMISSIONER SHALL ADVISE THE BOARD OF THE
DISPOSITION OF A COMPLAINT REFERRED BY THE BOARD WITHIN 180 DAYS AFTER THE
BOARD'S WRITTEN SUBMISSION IS RECEIVED. THE COMMISSIONER SHALL ANNUALLY REPORT
TO THE BOARD A SUMMARY OF THE ACTIONS TAKEN IN RESPONSE TO COMPLAINTS REFERRED
BY THE BOARD. <A]

[A> SUBD. 8. DATA PRACTICES ACT. THE BOARD IS SUBJECT TO CHAPTER 13, THE
MINNESOTA GOVERNMENT DATA PRACTICES ACT, AND SHALL PROTECT FROM UNLAWFUL
DISCLOSURE DATA CLASSIFIED AS NOT PUBLIC. <A]

[A> SUBD. 9. OFFICIAL RECORDS. THE BOARD SHALL MAKE AND PRESERVE ALL RECORDS
NECESSARY TO A FULL AND ACCURATE KNOWLEDGE OF ITS OFFICIAL ACTIVITIES IN
ACCORDANCE WITH SECTION 15.17. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 6. Minnesota Statutes 2006, section 326.38, is amended to read:

326.38 LOCAL REGULATIONS. [D> Any city having a system of waterworks or
sewerage, or any town in which reside over 5,000 people exclusive of any
statutory cities located therein, or the metropolitan airports commission, <D]
[A> ANY OF THE FOLLOWING ENTITIES <A] may, by ordinance, adopt local regulations
providing for plumbing permits, [D> bonds, <D] approval of plans [A> AND
SPECIFICATIONS <A] , and inspections of plumbing, which regulations are not in
conflict with the plumbing [D> standards on the same subject prescribed by the
state commissioner of health. <D] [A> CODE: ANY CITY HAVING A SYSTEM OF
WATERWORKS OR SEWERAGE, REGARDLESS OF POPULATION; ANY TOWN HAVING A POPULATION
OF 5,000 OR MORE ACCORDING TO THE LAST FEDERAL CENSUS, EXCLUSIVE OF ANY
STATUTORY CITIES LOCATED THEREIN; AND THE METROPOLITAN AIRPORTS COMMISSION. <A]
No [D> city or such town <D] [A> SUCH ENTITY <A] shall prohibit plumbers
licensed by the [D> state <D] commissioner [D> of health <D] from engaging in or
working at the business [A> OF PLUMBING <A] , except cities and statutory cities
which, prior to April 21, 1933, by ordinance required the licensing of plumbers.
[A> NO SUCH ENTITY SHALL REQUIRE ANY PERSON WHO ENGAGES IN THE BUSINESS OF
PLUMBING TO POST A BOND AS A PREREQUISITE FOR ENGAGING IN THE BUSINESS OF
PLUMBING, EXCEPT THE BOND TO THE STATE REQUIRED UNDER SECTION 326.40 AND EXCEPT
ANY PERFORMANCE BOND REQUIRED UNDER A CONTRACT WITH THE PERSON FOR THE
PERFORMANCE OF PLUMBING WORK FOR THE ENTITY. NO SUCH ENTITY SHALL REQUIRE ANY
PERSON WHO ENGAGES IN THE BUSINESS OF PLUMBING TO MAINTAIN PUBLIC LIABILITY
INSURANCE AS A PREREQUISITE FOR ENGAGING IN THE BUSINESS OF PLUMBING, EXCEPT THE
INSURANCE REQUIRED UNDER SECTION 326.40 AND EXCEPT ANY PUBLIC LIABILITY
INSURANCE REQUIRED UNDER A CONTRACT WITH THE PERSON FOR THE PERFORMANCE OF
PLUMBING WORK FOR THE ENTITY. NO CITY OR TOWN MAY REQUIRE A LICENSE FOR PERSONS
PERFORMING BUILDING SEWER OR WATER SERVICE INSTALLATION WHO HAVE COMPLETED PIPE
LAYING TRAINING AS PRESCRIBED BY THE COMMISSIONER OF LABOR AND INDUSTRY. <A] Any
city by ordinance may prescribe regulations, reasonable standards, and
inspections and grant permits to any person [D> , firm, or corporation <D]
engaged in the business of installing water softeners, who is not licensed as a
master plumber or journeyman plumber by the [D> state <D] commissioner [D> of
health <D] , to connect water softening and water filtering equipment to private
residence water distribution systems, where provision has been previously made
therefor and openings left for that purpose or by use of cold water connections
to a domestic water heater; where it is not necessary to rearrange, make any
extension or alteration of, or addition to any pipe, fixture or plumbing
connected with the water system except to connect the water softener, and
provided the connections so made comply with minimum standards prescribed by the
[D> state commissioner of health <D] [A> PLUMBING BOARD <A] .

Sec. 7. Minnesota Statutes 2006, section 326.39, is amended to read:

326.39 VIOLATIONS TO BE REPORTED TO [D> STATE <D] COMMISSIONER [D> OF HEALTH
<D] . Such local authority as may be designated by any such ordinance for the
issuance of such plumbing permits and approval of such plans shall report to the
[D> state <D] commissioner [D> of health <D] persistent or willful violation of
the same and any incompetence of a licensed plumber observed by the local
authority.

Sec. 8. Minnesota Statutes 2006, section 326.40, is amended to read:

326.40 LICENSING, BOND AND INSURANCE.

Subdivision 1. License required [D> ; master and journeyman plumbers <D] .
[D> In any city now or hereafter having 5,000 or more population, according to
the last federal census, and having a system of waterworks or sewerage, <D]

[A> (A) <A] No person [D> , firm, or corporation <D] shall engage in or work
at the business of a master plumber [D> or <D] [A> , RESTRICTED MASTER PLUMBER,
<A] journeyman plumber [A> , AND RESTRICTED JOURNEYMAN PLUMBER <A] unless
licensed to do so by the state commissioner [D> of health <D] . [A> A LICENSE IS
NOT REQUIRED FOR INDIVIDUALS PERFORMING BUILDING SEWER OR WATER SERVICE
INSTALLATION WHO HAVE COMPLETED PIPE LAYING TRAINING AS PRESCRIBED BY THE
COMMISSIONER OF LABOR AND INDUSTRY. <A] A master plumber may also work as a
journeyman plumber [A> , A RESTRICTED JOURNEYMAN PLUMBER, AND A RESTRICTED
MASTER PLUMBER. A JOURNEYMAN PLUMBER MAY ALSO WORK AS A RESTRICTED JOURNEYMAN
PLUMBER <A] . Anyone not so licensed may do plumbing work which complies with
the provisions of the minimum [D> standard <D] [A> STANDARDS <A] prescribed by
the [D> state commissioner of health <D] [A> PLUMBING BOARD <A] on premises or
that part of premises owned and actually occupied by the worker as a residence,
unless otherwise forbidden to do so by a local ordinance. [D> In any such city
<D]

[A> (B) <A] No person [D> , firm, or corporation <D] shall engage in the
business of [A> PLANNING, SUPERINTENDING, OR <A] installing plumbing [D> nor <D]
[A> OR SHALL <A] install plumbing in connection with the dealing in and selling
of plumbing material and supplies unless at all times a licensed master plumber,
[A> OR IN CITIES AND TOWNS WITH A POPULATION OF FEWER THAN 5,000 ACCORDING TO
THE FEDERAL CENSUS, A RESTRICTED MASTER PLUMBER, <A] who shall be responsible
for proper installation, is in charge of the plumbing work of the person, firm,
or corporation. [D> The Department of Health shall prescribe rules, not
inconsistent herewith, for the examination and licensing of plumbers. <D]

Subd. 2. Bond; insurance. Any person contracting to do plumbing work must
give bond to the state in the amount of $ 25,000 for all work entered into
within the state. The bond shall be for the benefit of persons injured or
suffering financial loss by reason of failure to comply with the requirements of
the [A> STATE <A] Plumbing Code. [D> A <D] [A> THE <A] bond [D> given to the
state <D] shall be filed with the commissioner [D> of health <D] and [D> shall
be in lieu of all other bonds to any political subdivision required for plumbing
work. The bond <D] shall be written by a corporate surety licensed to do
business in the state. In addition, each applicant for a master plumber license
or renewal thereof, [D> may <D] [A> SHALL <A] provide evidence of public
liability insurance, including products liability insurance with limits of at
least $ 50,000 per person and $ 100,000 per occurrence and property damage
insurance with limits of at least $ 10,000. The insurance shall be written by an
insurer licensed to do business in the state of Minnesota and each licensed
master plumber shall maintain on file with the [D> state <D] commissioner [D> of
health <D] a certificate evidencing the insurance providing that the insurance
shall not be canceled without the insurer first giving 15 days written notice to
the commissioner. The term of the insurance shall be concurrent with the term of
the license. [D> The certificate shall be in lieu of all other certificates
required by any political subdivision for licensing purposes. <D]

Subd. 3. Bond and insurance exemption. [A> IF <A] a master plumber [D> who is
an employee of a master plumber or who is an employee engaged within the limits
of property owned, leased and operated, or maintained by the employer, in the
maintenance and repair of plumbing equipment, apparatus, or facilities owned or
leased by the employer, <D] [A> WHO IS IN COMPLIANCE WITH THE BOND AND INSURANCE
REQUIREMENTS OF SUBDIVISION 2 EMPLOYS ANOTHER MASTER PLUMBER, THE EMPLOYEE
MASTER PLUMBER <A] shall not be required to meet the bond and insurance
requirements of subdivision 2. [A> A MASTER PLUMBER WHO IS AN EMPLOYEE WORKING
ON THE MAINTENANCE AND REPAIR OF PLUMBING EQUIPMENT, APPARATUS, OR FACILITIES
OWNED OR LEASED BY THEIR EMPLOYER AND WHICH IS WITHIN THE LIMITS OF PROPERTY
OWNED OR LEASED, AND OPERATED OR MAINTAINED BY THEIR EMPLOYER, SHALL NOT BE
REQUIRED TO MEET THE BOND AND INSURANCE REQUIREMENTS OF SUBDIVISION 2. <A]

[D> Subd. 4. Alternative compliance. Compliance with the local bond
requirements of a locale within which work is to be performed shall be deemed to
satisfy the bond and insurance requirements of subdivision 2, provided the local
ordinance requires at least a $ 25,000 bond. <D]

Subd. 5. Fee. [D> The state commissioner of health may charge <D] Each
person giving bond [A> TO THE STATE UNDER SUBDIVISION 2 SHALL PAY THE DEPARTMENT
<A] an annual bond [D> filing <D] [A> REGISTRATION <A] fee [D> commensurate with
the cost of administering the bond and insurance requirements of subdivision 2
<D] [A> OF $ 40 <A] .

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE DECEMBER 1, 2007, EXCEPT THAT
THE AMENDMENTS TO SUBDIVISION 5 ARE EFFECTIVE JULY 1, 2007. <A]

Sec. 9. Minnesota Statutes 2006, section 326.401, is amended to read:

326.401 PLUMBER'S APPRENTICES.

Subdivision 1. Registration. [D> A <D] [A> ALL <A] plumber's [D> apprentice
<D] [A> APPRENTICES <A] must be registered [A> . TO BE A REGISTERED PLUMBER'S
APPRENTICE, AN INDIVIDUAL MUST EITHER: <A]

[A> (1) BE AN INDIVIDUAL EMPLOYED IN THE TRADE OF PLUMBING UNDER AN
APPRENTICESHIP AGREEMENT APPROVED BY THE DEPARTMENT UNDER MINNESOTA RULES, PART
5200.0300; OR <A]

[A> (2) BE AN UNLICENSED INDIVIDUAL REGISTERED <A] with the commissioner [D>
of health on a registration application form supplied by the commissioner
showing the date of beginning training, age, schooling, previous experience,
employer, and other information required by the commissioner. <D] [A> UNDER
SUBDIVISION 3. A PLUMBER'S APPRENTICE IS AUTHORIZED TO ASSIST IN THE
INSTALLATION OF PLUMBING ONLY WHILE UNDER THE DIRECT SUPERVISION OF A MASTER,
RESTRICTED MASTER, JOURNEYMAN, OR RESTRICTED JOURNEYMAN PLUMBER. THE MASTER,
RESTRICTED MASTER, JOURNEYMAN, OR RESTRICTED JOURNEYMAN PLUMBER IS RESPONSIBLE
FOR ENSURING THAT ALL PLUMBING WORK PERFORMED BY THE PLUMBER'S APPRENTICE
COMPLIES WITH THE PLUMBING CODE. <A]

Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
of practical plumbing experience is eligible to take the journeyman plumbing
examination. Up to 24 months of practical plumbing experience prior to [D>
registration as an apprentice <D] [A> BECOMING A PLUMBER'S APPRENTICE <A] may be
applied to the four-year experience requirement. However, none of this practical
plumbing experience may be applied if the [D> person <D] [A> INDIVIDUAL <A] did
not have any practical plumbing experience in the 12-month period immediately
prior to [D> registration <D] [A> BECOMING A PLUMBER'S APPRENTICE <A] . The [D>
commissioner <D] [A> PLUMBING BOARD <A] may adopt rules to evaluate whether the
[D> person's <D] [A> INDIVIDUAL'S <A] past practical plumbing experience is
applicable in preparing for the journeyman's examination. If two years after
completing the training the [D> person <D] [A> INDIVIDUAL <A] has not taken the
examination, the four years of experience shall be forfeited. The commissioner
may allow an extension of the two-year period for taking the exam for cases of
hardship or other appropriate circumstances.

Subd. 3. [A> REGISTRATION, RULES, APPLICATIONS, RENEWALS, AND <A] fees. [D>
The Department of Health may assess fees to pay for the administration of the
apprentice registration program. <D] [A> AN UNLICENSED INDIVIDUAL MAY REGISTER
BY COMPLETING AND SUBMITTING TO THE COMMISSIONER A REGISTRATION FORM PROVIDED BY
THE COMMISSIONER. A COMPLETED REGISTRATION FORM MUST STATE THE DATE THE
INDIVIDUAL BEGAN TRAINING, THE INDIVIDUAL'S AGE, SCHOOLING, PREVIOUS EXPERIENCE,
AND EMPLOYER, AND OTHER INFORMATION REQUIRED BY THE COMMISSIONER. THE BOARD MAY
PRESCRIBE RULES, NOT INCONSISTENT WITH THIS SECTION, FOR THE REGISTRATION OF
UNLICENSED INDIVIDUALS. EACH APPLICANT FOR INITIAL REGISTRATION AS A PLUMBER'S
APPRENTICE SHALL PAY THE DEPARTMENT AN APPLICATION FEE OF $ 25. APPLICATIONS FOR
INITIAL REGISTRATION MAY BE SUBMITTED AT ANY TIME. REGISTRATION MUST BE RENEWED
ANNUALLY AND SHALL BE FOR THE PERIOD FROM JULY 1 OF EACH YEAR TO JUNE 30 OF THE
FOLLOWING YEAR. APPLICATIONS FOR RENEWAL REGISTRATION MUST BE RECEIVED BY THE
COMMISSIONER BY JUNE 30 OF EACH REGISTRATION PERIOD ON FORMS PROVIDED BY THE
COMMISSIONER, AND MUST BE ACCOMPANIED BY A FEE OF $ 25. AN APPLICATION FOR
RENEWAL REGISTRATION RECEIVED ON OR AFTER JULY 1 IN ANY YEAR BUT NO MORE THAN
THREE MONTHS AFTER EXPIRATION OF THE PREVIOUSLY ISSUED REGISTRATION MUST PAY THE
PAST DUE RENEWAL FEE PLUS A LATE FEE OF $ 25. NO APPLICATIONS FOR RENEWAL
REGISTRATION WILL BE ACCEPTED MORE THAN THREE MONTHS AFTER EXPIRATION OF THE
PREVIOUSLY ISSUED REGISTRATION. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 10. [A> (326.402) RESTRICTED PLUMBER LICENSE. <A]

[A> SUBDIVISION 1. LICENSURE. THE COMMISSIONER OF LABOR AND INDUSTRY SHALL
GRANT A RESTRICTED JOURNEYMAN OR RESTRICTED MASTER PLUMBER LICENSE TO AN
INDIVIDUAL IF: <A]

[A> (1) THE INDIVIDUAL COMPLETES AN APPLICATION WITH INFORMATION REQUIRED BY
THE COMMISSIONER OF LABOR AND INDUSTRY; <A]

[A> (2) THE COMPLETED APPLICATION IS ACCOMPANIED BY A FEE OF $ 30; <A]

[A> (3) THE COMMISSIONER OF LABOR AND INDUSTRY RECEIVES THE COMPLETED
APPLICATION AND FEE BEFORE JANUARY 1, 2008; <A]

[A> (4) THE COMPLETED APPLICATION DEMONSTRATES THAT THE APPLICANT HAS HAD AT
LEAST TWO YEARS FOR A RESTRICTED JOURNEYMAN PLUMBER LICENSE OR FOUR YEARS FOR A
RESTRICTED MASTER PLUMBER LICENSE OF PRACTICAL PLUMBING EXPERIENCE IN THE
PLUMBING TRADE PRIOR TO THE APPLICATION; AND <A]

[A> (5) DURING THE ENTIRE TIME FOR WHICH THE APPLICANT IS CLAIMING EXPERIENCE
IN CONTRACTING FOR PLUMBING WORK UNDER CLAUSE (4), THE APPLICANT WAS IN
COMPLIANCE WITH ALL APPLICABLE BOND REQUIREMENTS OF SECTION 326.40. <A]

[A> SUBD. 2. USE OF LICENSE. A RESTRICTED MASTER PLUMBER AND RESTRICTED
JOURNEYMAN PLUMBER MAY ENGAGE IN THE PLUMBING TRADE IN ALL AREAS OF THE STATE
EXCEPT IN CITIES AND TOWNS WITH A POPULATION OF MORE THAN 5,000 ACCORDING TO THE
FEDERAL CENSUS. <A]

[A> SUBD. 3. APPLICATION PERIOD. APPLICATIONS FOR RESTRICTED MASTER PLUMBER
AND RESTRICTED JOURNEYMAN PLUMBER LICENSES MUST BE SUBMITTED TO THE COMMISSIONER
PRIOR TO JANUARY 1, 2008. <A]

[A> SUBD. 4. RENEWAL; USE PERIOD FOR LICENSE. A RESTRICTED MASTER PLUMBER AND
RESTRICTED JOURNEYMAN PLUMBER LICENSE MUST BE RENEWED ANNUALLY FOR AS LONG AS
THAT LICENSEE ENGAGES IN THE PLUMBING TRADE. FAILURE TO RENEW A RESTRICTED
MASTER PLUMBER AND RESTRICTED JOURNEYMAN PLUMBER LICENSE WITHIN 12 MONTHS AFTER
THE EXPIRATION DATE WILL RESULT IN PERMANENT FORFEITURE OF THE RESTRICTED MASTER
PLUMBER AND RESTRICTED JOURNEYMAN PLUMBER LICENSE. <A]

[A> SUBD. 5. PROHIBITION OF TRANSFERENCE. A RESTRICTED MASTER PLUMBER AND
RESTRICTED JOURNEYMAN PLUMBER LICENSE MAY NOT BE TRANSFERRED OR SOLD TO ANY
OTHER PERSON. <A]

[A> SUBD. 6. BOND; INSURANCE. A RESTRICTED MASTER OR A RESTRICTED JOURNEYMAN
PLUMBER LICENSEE IS SUBJECT TO THE BOND AND INSURANCE REQUIREMENTS OF SECTION
326.40, SUBDIVISION 2, UNLESS THE EXEMPTION PROVIDED BY SECTION 326.40,
SUBDIVISION 3, APPLIES. <A]

[A> SUBD. 7. FEE. THE ANNUAL FEE FOR THE RESTRICTED MASTER PLUMBER AND
RESTRICTED JOURNEYMAN PLUMBER LICENSES IS THE SAME FEE AS FOR A MASTER OR
JOURNEYMAN PLUMBER LICENSE, RESPECTIVELY. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 11. Minnesota Statutes 2006, section 326.405, is amended to read:

326.405 RECIPROCITY WITH OTHER STATES. [D> The commissioner of health may
license without examination, upon payment of the required fee, nonresident
applicants who are licensed under the laws of a state having standards for
licensing plumbers which the commissioner determines are substantially
equivalent to the standards of this state if the other state grants similar
privileges to Minnesota residents duly licensed in this state. <D] [A> THE
COMMISSIONER MAY ENTER INTO RECIPROCITY AGREEMENTS FOR PERSONAL LICENSES WITH
ANOTHER STATE IF APPROVED BY THE BOARD. ONCE APPROVED BY THE BOARD, THE
COMMISSIONER MAY ISSUE A PLUMBER'S LICENSE WITHOUT REQUIRING THE APPLICANT TO
PASS AN EXAMINATION PROVIDED THE APPLICANT: <A]

[A> (A) SUBMITS AN APPLICATION UNDER SECTION 326.42; <A]

[A> (B) PAYS THE FEE REQUIRED UNDER SECTION 326.42; AND <A]

[A> (C) HOLDS A VALID COMPARABLE LICENSE IN THE STATE PARTICIPATING IN THE
AGREEMENT. AGREEMENTS ARE SUBJECT TO THE FOLLOWING: <A]

[A> (1) THE PARTIES TO THE AGREEMENT MUST ADMINISTER A STATEWIDE LICENSING
PROGRAM THAT INCLUDES EXAMINATION AND QUALIFYING EXPERIENCE OR TRAINING
COMPARABLE TO MINNESOTA'S. <A]

[A> (2) THE EXPERIENCE AND TRAINING REQUIREMENTS UNDER WHICH AN INDIVIDUAL
APPLICANT QUALIFIED FOR EXAMINATION IN THE QUALIFYING STATE MUST BE DEEMED EQUAL
TO OR GREATER THAN REQUIRED FOR AN APPLICANT MAKING APPLICATION IN MINNESOTA AT
THE TIME THE APPLICANT ACQUIRED THE LICENSE IN THE QUALIFYING STATE. <A]

[A> (3) THE APPLICANT MUST HAVE ACQUIRED THE LICENSE IN THE QUALIFYING STATE
THROUGH AN EXAMINATION DEEMED EQUIVALENT TO THE SAME CLASS OF LICENSE
EXAMINATION IN MINNESOTA. A LESSER CLASS OF LICENSE MAY BE GRANTED WHERE THE
APPLICANT HAS ACQUIRED A GREATER CLASS OF LICENSE IN THE QUALIFYING STATE AND
THE APPLICANT OTHERWISE MEETS THE CONDITIONS OF THIS SUBDIVISION. <A]

[A> (4) AT THE TIME OF APPLICATION, THE APPLICANT MUST HOLD A VALID LICENSE
IN THE QUALIFYING STATE AND HAVE HELD THE LICENSE CONTINUOUSLY FOR AT LEAST ONE
YEAR BEFORE MAKING APPLICATION IN MINNESOTA. <A]

[A> (5) AN APPLICANT IS NOT ELIGIBLE FOR A LICENSE UNDER THIS SUBDIVISION IF
THE APPLICANT HAS FAILED THE SAME OR GREATER CLASS OF LICENSE EXAMINATION IN
MINNESOTA, OR IF THE APPLICANT'S LICENSE OF THE SAME OR GREATER CLASS HAS BEEN
REVOKED OR SUSPENDED. <A]

[A> (6) AN APPLICANT WHO HAS FAILED TO RENEW A PLUMBER'S LICENSE FOR TWO
YEARS OR MORE AFTER ITS EXPIRATION IS NOT ELIGIBLE FOR A LICENSE UNDER THIS
SUBDIVISION. <A]

Sec. 12. Minnesota Statutes 2006, section 326.42, is amended to read:

326.42 APPLICATIONS, FEES.

Subdivision 1. Application. Applications for plumber's license shall be made
to the [D> state <D] commissioner [D> of health <D] , with fee. Unless the
applicant is entitled to a renewal, the applicant shall be licensed by the [D>
state <D] commissioner [D> of health <D] only after passing a satisfactory
examination [A> DEVELOPED AND ADMINISTERED <A] by the [D> examiners <D] [A>
COMMISSIONER, BASED UPON RULES ADOPTED BY THE PLUMBING BOARD, <A] showing
fitness. Examination fees for both journeyman and master plumbers shall be [D>
in an amount prescribed by the state commissioner of health pursuant to section
144.122 <D] [A> $ 50 FOR EACH EXAMINATION <A] . Upon being notified [D> that <D]
of having successfully passed the examination for original license the applicant
shall submit an application, with the license fee herein provided. [D> License
fees shall be in an amount prescribed by the state commissioner of health
pursuant to section 144.122 . Licenses shall expire and be renewed as prescribed
by the commissioner pursuant to section 144.122 . <D] [A> THE LICENSE FEE FOR
EACH INITIAL AND RENEWAL MASTER PLUMBER'S LICENSE SHALL BE $ 120. THE LICENSE
FEE FOR EACH INITIAL AND RENEWAL JOURNEYMAN PLUMBER'S LICENSE SHALL BE $ 55. THE
COMMISSIONER MAY BY RULE PRESCRIBE FOR THE EXPIRATION AND RENEWAL OF LICENSES.
ANY LICENSEE WHO DOES NOT RENEW A LICENSE WITHIN TWO YEARS AFTER THE LICENSE
EXPIRES IS NO LONGER ELIGIBLE FOR RENEWAL. SUCH AN INDIVIDUAL MUST RETAKE AND
PASS THE EXAMINATION BEFORE A NEW LICENSE WILL BE ISSUED. A JOURNEYMAN OR MASTER
PLUMBER WHO SUBMITS A LICENSE RENEWAL APPLICATION AFTER THE TIME SPECIFIED IN
RULE BUT WITHIN TWO YEARS AFTER THE LICENSE EXPIRED MUST PAY ALL PAST DUE
RENEWAL FEES PLUS A LATE FEE OF $ 25. <A]

Subd. 2. Fees [A> FOR PLAN REVIEWS AND AUDITS <A] . Plumbing system plans and
specifications that are submitted to the commissioner for review shall be
accompanied by the appropriate plan examination fees. If the commissioner
determines, upon review of the plans, that inadequate fees were paid, the
necessary additional fees shall be paid prior to plan approval. The commissioner
shall charge the following fees for plan reviews and audits of plumbing
installations for public, commercial, and industrial buildings:

(1) systems with both water distribution and drain, waste, and vent systems
and having:

(i) 25 or fewer drainage fixture units, $ 150;

(ii) 26 to 50 drainage fixture units, $ 250;

(iii) 51 to 150 drainage fixture units, $ 350;

(iv) 151 to 249 drainage fixture units, $ 500;

(v) 250 or more drainage fixture units, $ 3 per drainage fixture unit to a
maximum of $ 4,000; and

(vi) interceptors, separators, or catch basins, $ 70 per interceptor,
separator, or catch basin design;

(2) building sewer service only, $ 150;

(3) building water service only, $ 150;

(4) building water distribution system only, no drainage system, $ 5 per
supply fixture unit or $ 150, whichever is greater;

(5) storm drainage system, a minimum fee of $ 150 or:

(i) $ 50 per drain opening, up to a maximum of $ 500; and

(ii) $ 70 per interceptor, separator, or catch basin design;

(6) manufactured home park or campground, one to 25 sites, $ 300;

(7) manufactured home park or campground, 26 to 50 sites, $ 350;

(8) manufactured home park or campground, 51 to 125 sites, $ 400;

(9) manufactured home park or campground, more than 125 sites, $ 500;

(10) accelerated review, double the regular fee, one-half to be refunded if
no response from the commissioner within 15 business days; and

(11) revision to previously reviewed or incomplete plans:

(i) review of plans for which [A> THE <A] commissioner has issued two or more
requests for additional information, per review, $ 100 or ten percent of the
original fee, whichever is greater;

(ii) proposer-requested revision with no increase in project scope, $ 50 or
ten percent of original fee, whichever is greater; and

(iii) proposer-requested revision with an increase in project scope, $ 50
plus the difference between the original project fee and the revised project
fee.

[A> SUBD. 3. INSPECTION FEES. THE COMMISSIONER SHALL CHARGE THE FOLLOWING
FEES FOR INSPECTIONS UNDER SECTIONS 326.361 TO 326.44: <A]

[A> RESIDENTIAL INSPECTION FEE (EACH VISIT) $ 50 <A]

[A> PUBLIC, COMMERCIAL, AND INDUSTRIAL INSPECTIONS <A] [A> INSPECTION FEE <A]

[A> 25 OR FEWER DRAINAGE FIXTURE UNITS <A] [A> $ 300 <A]

[A> 26 TO 50 DRAINAGE FIXTURE UNITS <A] [A> $ 900 <A]

[A> 51 TO 150 DRAINAGE FIXTURE UNITS <A] [A> $ 1,200 <A]

[A> 151 TO 249 DRAINAGE FIXTURE UNITS <A] [A> $ 1,500 <A]

[A> 250 OR MORE DRAINAGE FIXTURE UNITS <A] [A> $ 1,800 <A]

[A> CALLBACK FEE (EACH VISIT) <A] [A> $ 100 <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 13. [A> (326B.41) PURPOSE. THE PURPOSE OF SECTIONS 326B.41 TO 326B.49 IS
TO PROMOTE THE PUBLIC HEALTH AND SAFETY THROUGH PROPERLY DESIGNED, ACCEPTABLY
INSTALLED, AND ADEQUATELY MAINTAINED PLUMBING SYSTEMS. <A]

Sec. 14. [A> (326B.42) DEFINITIONS. <A]

[A> SUBDIVISION 1. WORDS, TERMS, AND PHRASES. FOR PURPOSES OF SECTIONS
326B.41 TO 326B.49, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN TO
THEM. <A]

[A> SUBD. 2. DIRECT SUPERVISION. THE TERM "DIRECT SUPERVISION," WITH RESPECT
TO DIRECT SUPERVISION OF A PLUMBER'S APPRENTICE BY A MASTER, RESTRICTED MASTER,
JOURNEYMAN, OR RESTRICTED JOURNEYMAN PLUMBER, MEANS THAT: <A]

[A> (1) AT ALL TIMES WHILE THE PLUMBER'S APPRENTICE IS PERFORMING PLUMBING
WORK, THE SUPERVISING PLUMBER IS PRESENT AT THE LOCATION WHERE THE PLUMBER'S
APPRENTICE IS WORKING; <A]

[A> (2) THE SUPERVISING PLUMBER IS PHYSICALLY PRESENT AND IMMEDIATELY
AVAILABLE TO THE PLUMBER'S APPRENTICE AT ALL TIMES FOR ASSISTANCE AND DIRECTION;
<A]

[A> (3) ANY FORM OF ELECTRONIC SUPERVISION DOES NOT MEET THE REQUIREMENT OF
PHYSICALLY PRESENT; <A]

[A> (4) THE SUPERVISING PLUMBER ACTUALLY REVIEWS THE PLUMBING WORK PERFORMED
BY THE PLUMBER'S APPRENTICE BEFORE THE PLUMBING IS OPERATED; AND <A]

[A> (5) THE SUPERVISING PLUMBER IS ABLE TO AND DOES DETERMINE THAT ALL
PLUMBING WORK PERFORMED BY THE PLUMBER'S APPRENTICE IS PERFORMED IN COMPLIANCE
WITH THE PLUMBING CODE. <A]

[A> SUBD. 3. MUNICIPALITY. THE TERM "MUNICIPALITY" SHALL HAVE THE MEANING
GIVEN TO IT IN SECTION 16B.60, SUBDIVISION 3. <A]

[A> SUBD. 4. PLUMBING CODE. "PLUMBING CODE" MEANS MINNESOTA RULES, CHAPTER
4715. <A]

Sec. 15. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
EACH SECTION OF MINNESOTA STATUTES LISTED IN COLUMN A WITH THE NUMBER LISTED IN
COLUMN B. THE REVISOR SHALL ALSO MAKE NECESSARY CROSS-REFERENCED CHANGES
CONSISTENT WITH THE RENUMBERING. <A]

[A> COLUMN A COLUMN B <A]

[A> 326.01, SUBD. 7 326B.42, SUBD. 3 <A]

[A> 326.01, SUBD. 8 326B.42, SUBD. 4 <A]

[A> 326.01, SUBD. 9 326B.42, SUBD. 7 <A]

[A> 326.37 326B.43 <A]

[A> 326.38 326B.44 <A]

[A> 326.39 326B.45 <A]

[A> 326.40 326B.46 <A]

[A> 326.401 326B.47 <A]

[A> 326.405 326B.48 <A]

[A> 326.42 326B.49 <A]

Sec. 16. [A> REPEALER. MINNESOTA STATUTES 2006, SECTION 326.01, SUBDIVISION
9, IS REPEALED. <A]

ARTICLE 7

WATER CONDITIONING CONTRACTORS AND INSTALLERS

Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended
to read:

Subdivision 1. Rulemaking by commissioner [D> of health <D] . The [D> state
<D] commissioner [D> of health <D] shall, by rule, prescribe minimum standards
which shall be uniform, and which standards shall thereafter be effective for
all new water conditioning servicing and water conditioning installations,
including additions, extensions, alterations, and replacements connected with
any water or sewage disposal system owned or operated by or for any
municipality, institution, factory, office building, hotel, apartment building
or any other place of business, regardless of location or the population of the
city, county or town in which located. [D> Such rules, upon approval of the
attorney general and their legal publication, shall have the force of law, and
the violation of any part thereof shall constitute a misdemeanor and may be
enjoined by the attorney general. <D]

Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:

326.58 LOCAL REGULATIONS. Any city or town with a population of 5,000 or more
[D> persons <D] [A> ACCORDING TO THE LAST FEDERAL CENSUS <A] may, by ordinance,
adopt local regulations providing for water conditioning permits, bonds,
approval of plans, and inspections of water conditioning installations and
servicing, which regulations shall not be in conflict with the water
conditioning standards on the same subject prescribed by the [D> state <D]
commissioner [D> of health <D] . No such city or town shall prohibit water
conditioning contractors or installers licensed by the [D> state <D]
commissioner [D> of health <D] from engaging in or working at the business.

Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:

326.59 VIOLATIONS TO BE REPORTED TO [D> STATE <D] COMMISSIONER [D> OF HEALTH
<D] . Such local authority as may be designated by any such ordinance for the
issuance of such water conditioning installation and servicing permits and
approval of such plans shall report to the [D> state <D] commissioner [D> of
health <D] persistent or willful violations of the same and any incompetence of
a licensed water conditioning contractor or licensed water conditioning
installer observed by the local authority.

Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:

326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.

Subdivision 1. Licensing in certain cities. In any city or town [D> now or
hereafter <D] having a population of 5,000 or more according to the last federal
census, no person [D> , firm, or corporation <D] shall engage in or work at the
business of water conditioning installation or servicing after January 1, 1970,
unless [D> (a) <D] [A> (1) <A] at all times [D> a person <D] [A> AN INDIVIDUAL
<A] licensed as a water conditioning contractor by the [D> state <D]
commissioner [D> of health <D] shall be responsible for the proper water
conditioning installation and servicing work of such person [D> , firm, or
corporation <D] , and [D> (b) <D] [A> (2) <A] all installations, other than
exchanges of portable equipment, are [D> actually made <D] [A> PERFORMED <A] by
a licensed water conditioning contractor or licensed water conditioning
installer. [D> Anyone <D] [A> ANY INDIVIDUAL <A] not so licensed may [D> do <D]
[A> PERFORM <A] water conditioning work [D> which <D] [A> THAT <A] complies with
[D> the provisions of <D] the minimum standard prescribed by the [D> state <D]
commissioner [D> of health <D] on premises or that part of premises owned and
[D> actually <D] occupied by the worker as a residence, unless otherwise [D>
forbidden to do so <D] [A> PROHIBITED <A] by a local ordinance.

Subd. 2. Qualifications for licensing. A water conditioning contractor
license shall be issued only to [D> a person <D] [A> AN INDIVIDUAL <A] who has
demonstrated skill in planning, superintending, and servicing water conditioning
installations. A water conditioning installer license shall only be issued to
[D> a person <D] [A> AN INDIVIDUAL <A] other than a water conditioning
contractor who has demonstrated practical knowledge of water conditioning
installation.

Subd. 3. Rules. The [D> state <D] commissioner [D> of health <D] shall:

[D> (a) <D] [A> (1) <A] prescribe rules, not inconsistent herewith, for the
licensing of water conditioning contractors and installers;

[D> (b) <D] [A> (2) <A] license water conditioning contractors and
installers;

[D> (c) <D] [A> (3) <A] prescribe rules not inconsistent herewith for the
examining of water conditioning contractors and installers prior to first
granting a license as a water conditioning contractor or water conditioning
installer; and

[D> (d) <D] [A> (4) <A] collect an examination fee from each examinee for a
license as a water conditioning contractor and [D> a <D] [A> AN EXAMINATION <A]
fee from each examinee for a license as a water conditioning installer in an
amount [D> prescribed by the state commissioner of health pursuant to <D] [A>
SET FORTH IN <A] section [D> 144.122 <D] [A> 326.62 <A] . A water conditioning
installer must successfully pass the examination for water conditioning
contractors before being licensed as a water conditioning contractor.

Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:

326.601 ALTERNATIVE STATE BONDING AND INSURANCE REGULATION.

Subdivision 1. Bonds.

[A> (A) <A] An applicant for a water conditioning contractor or installer
license or renewal thereof who is required by any political subdivision to give
a bond to obtain or maintain the license, may comply with any political
subdivision bonding requirement by giving a bond to the state [A> AS DESCRIBED
IN PARAGRAPH (B). NO APPLICANT FOR A WATER CONDITIONING CONTRACTOR OR INSTALLER
LICENSE WHO MAINTAINS THE BOND UNDER PARAGRAPH (B) SHALL BE OTHERWISE REQUIRED
TO MEET THE BOND REQUIREMENTS OF ANY POLITICAL SUBDIVISION. <A]

[A> (B) EACH BOND GIVEN TO THE STATE UNDER THIS SUBDIVISION SHALL BE <A] in
the total [D> penal <D] sum of $ 3,000 conditioned upon the faithful and lawful
performance of all water conditioning contracting or installing work done within
the state. The bond shall be for the benefit of persons suffering injuries or
damages due to the work. The bond shall be filed with the commissioner [D> of
health <D] and shall be written by a corporate surety licensed to do business in
this state. [D> No applicant for a water conditioning contractor or installer
license who maintains the bond under this subdivision shall be otherwise
required to meet the bond requirements of any political subdivision. <D] [A> THE
BOND MUST REMAIN IN EFFECT AT ALL TIMES WHILE THE APPLICATION IS PENDING AND
WHILE THE LICENSE IS IN EFFECT. <A]

Subd. 2. Insurance.

[A> (A) <A] Each applicant for a water conditioning contractor or installer
license or renewal thereof [D> may, in lieu of all other insurance requirements
of any political subdivision for said licensing purposes, maintain the insurance
specified by this subdivision. <D] [A> WHO IS REQUIRED BY ANY POLITICAL
SUBDIVISION TO MAINTAIN INSURANCE TO OBTAIN OR MAINTAIN THE LICENSE MAY COMPLY
WITH ANY POLITICAL SUBDIVISION'S INSURANCE REQUIREMENT BY MAINTAINING THE
INSURANCE DESCRIBED IN PARAGRAPH (B). NO APPLICANT FOR A WATER CONDITIONING
CONTRACTOR OR INSTALLER LICENSE WHO MAINTAINS THE INSURANCE DESCRIBED IN
PARAGRAPH (B) SHALL BE OTHERWISE REQUIRED TO MEET THE INSURANCE REQUIREMENTS OF
ANY POLITICAL SUBDIVISION. <A]

[A> (B) <A] The insurance shall provide coverage, including products
liability coverage, for all damages in connection with licensed work for which
the licensee is liable, with personal damage limits of at least $ 50,000 per
person and $ 100,000 per occurrence and property damage insurance with limits of
at least $ 10,000. The insurance shall be written by an insurer licensed to do
business in this state and [D> each licensed water conditioning contractor or
installer shall maintain on file with the commissioner of health <D] a
certificate evidencing the insurance [A> SHALL BE FILED WITH THE COMMISSIONER.
THE INSURANCE MUST REMAIN IN EFFECT AT ALL TIMES WHILE THE APPLICATION IS
PENDING AND WHILE THE LICENSE IS IN EFFECT <A] . The insurance shall not be
canceled without the insurer first giving 15 days' written notice to the
commissioner.

Subd. 3. Bond and insurance exemption. A water conditioning contractor or
installer who is an employee of a water conditioning contractor or installer,
including an employee engaged in the maintenance and repair of water
conditioning equipment, apparatus, or facilities owned, leased and operated, or
maintained by the employer, is not required to meet the bond and insurance
requirements of subdivisions 1 and 2 or of any political subdivision.

Subd. 4. Fee. The commissioner [D> of health may establish by rule an
additional fee commensurate with the cost of administering the bond and
insurance requirements of subdivisions 1 and 2, which may be charged <D] [A>
SHALL COLLECT A $ 40 BOND REGISTRATION FEE FROM <A] each applicant for issuance
or renewal of a water conditioning contractor or installer license who elects to
proceed under subdivisions 1 and 2.

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE DECEMBER 1, 2007, EXCEPT THAT
THE AMENDMENTS TO SUBDIVISION 4 ARE EFFECTIVE JULY 1, 2007. <A]

Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to
read:

Subdivision 1. Water conditioning installation. "Water conditioning
installation" [D> as used in sections 326.57 to 326.65 <D] means the
installation of appliances, appurtenances, and fixtures designed to treat water
so as to alter, modify, add or remove mineral, chemical or bacterial content,
said installation to be made in a water distribution system serving a single
family residential unit, which has been initially established by a licensed
plumber, and does not involve a direct connection without an air gap to a soil
or waste pipe.

Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to
read:

Subd. 2. Water conditioning servicing. "Water conditioning servicing" [D> as
used in sections 326.57 to 326.65 <D] means the servicing (including servicing
prior to installation) of a water conditioning installation.

Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to
read:

Subd. 3. Rules. In order to provide effective protection of the public
health, the [D> state <D] commissioner [D> of health <D] may by rule prescribe
limitations on the nature of alteration to, extension of, or connection with,
the said water distribution system initially established by a licensed plumber
which may be performed by a person licensed hereunder, and may by rule in
appropriate instances require filing of plans, blueprints and specifications
prior to commencement of installation. [D> Such rules, upon approval of the
attorney general and their legal publication, shall have the force of law, and
the violation of any part thereof shall constitute a misdemeanor. <D] The
installation of water heaters shall not constitute water conditioning
installation and consequently such work shall be accomplished in accordance with
the provisions of sections [D> 326.37 <D] [A> 326.361 <A] to [D> 326.45 <D] [A>
326.44 <A] .

Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to
read:

Subd. 4. Single family residential unit. "Single family residential unit" [D>
as used in sections 326.57 to 326.65 <D] means a building or portion thereof
which is arranged, designed, used or intended to be used for residential
occupancy by one family, but not including a motel, hotel or rooming house.

Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:

326.62 [D> APPLICATIONS; <D] FEES. [D> Applications for water conditioning
contractor's or installer's licenses shall be made to the state commissioner of
health with the fee prescribed by the commissioner pursuant to section 144.122 .
Licenses shall expire and be renewed as prescribed by the commissioner pursuant
to section 144.122 . <D] [A> UNLESS EXAMINATION FEES HAVE BEEN SET BY A CONTRACT
UNDER SECTION 326B.05, EXAMINATION FEES FOR BOTH WATER CONDITIONING CONTRACTORS
AND WATER CONDITIONING INSTALLERS SHALL BE $ 50 FOR EACH EXAMINATION. EACH WATER
CONDITIONING CONTRACTOR AND INSTALLER LICENSE SHALL EXPIRE ON DECEMBER 31 OF THE
YEAR FOR WHICH IT WAS ISSUED. THE LICENSE FEE FOR EACH INITIAL WATER
CONDITIONING CONTRACTOR'S LICENSE SHALL BE $ 70, EXCEPT THAT THE LICENSE FEE
SHALL BE $ 35 IF THE APPLICATION IS SUBMITTED DURING THE LAST THREE MONTHS OF
THE CALENDAR YEAR. THE LICENSE FEE FOR EACH RENEWAL WATER CONDITIONING
CONTRACTOR'S LICENSE SHALL BE $ 70. THE LICENSE FEE FOR EACH INITIAL WATER
CONDITIONING INSTALLER LICENSE SHALL BE $ 35, EXCEPT THAT THE LICENSE FEE SHALL
BE $ 17.50 IF THE APPLICATION IS SUBMITTED DURING THE LAST THREE MONTHS OF THE
CALENDAR YEAR. THE LICENSE FEE FOR EACH RENEWAL WATER CONDITIONING INSTALLER
LICENSE SHALL BE $ 35. THE COMMISSIONER MAY BY RULE PRESCRIBE FOR THE EXPIRATION
AND RENEWAL OF LICENSES. ANY LICENSEE WHO DOES NOT RENEW A LICENSE WITHIN TWO
YEARS AFTER THE LICENSE EXPIRES IS NO LONGER ELIGIBLE FOR RENEWAL. SUCH AN
INDIVIDUAL MUST RETAKE AND PASS THE EXAMINATION BEFORE A NEW LICENSE WILL BE
ISSUED. A WATER CONDITIONING CONTRACTOR OR WATER CONDITIONING INSTALLER WHO
SUBMITS A LICENSE RENEWAL APPLICATION AFTER THE TIME SPECIFIED IN RULE BUT
WITHIN TWO YEARS AFTER THE LICENSE EXPIRED MUST PAY ALL PAST DUE RENEWAL FEES
PLUS A LATE FEE OF $ 25. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:

326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION. The provisions of
sections 326.57 to 326.65 [D> which <D] [A> THAT <A] require [D> the obtaining
of <D] licenses to engage in the work or business of water conditioning
installation, and the provisions [D> which <D] [A> THAT <A] provide for the
examination of applicants for such licenses, shall only apply to work
accomplished in cities or towns having populations of 5,000 or more [A>
ACCORDING TO THE LAST FEDERAL CENSUS, <A] and shall not apply to master plumbers
and journeymen plumbers licensed under the provisions of sections [D> 326.37 <D]
[A> 326.361 <A] to [D> 326.45 <D] [A> 326.44 <A] .

Sec. 12. [A> (326B.50) DEFINITIONS. <A]

[A> SUBDIVISION 1. WORDS, TERMS, AND PHRASES. FOR THE PURPOSES OF SECTIONS
326B.50 TO 326B.59, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN
THEM. <A]

Sec. 13. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
EACH SECTION OF MINNESOTA STATUTES LISTED IN COLUMN A WITH THE NUMBER LISTED IN
COLUMN B. THE REVISOR SHALL ALSO MAKE NECESSARY CROSS-REFERENCE CHANGES
CONSISTENT WITH THE RENUMBERING. <A]

[A> COLUMN A COLUMN B <A]

[A> 326.57 326B.52 <A]

[A> 326.58 326B.53 <A]

[A> 326.59 326B.54 <A]

[A> 326.60 326B.55 <A]

[A> 326.601 326B.56 <A]

[A> 326.61, SUBD. 1 326B.50, SUBD. 3 <A]

[A> 326.61, SUBD. 2 326B.50, SUBD. 4 <A]

[A> 326.61, SUBD. 3 326B.57 <A]

[A> 326.61, SUBD. 4 326B.50, SUBD. 2 <A]

[A> 326.62 326B.58 <A]

[A> 326.65 326B.59 <A]

ARTICLE 8

RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:

325E.58 SIGN CONTRACTOR; BOND.

(a) A sign contractor may post a compliance bond with the commissioner,
conditioned that the sign contractor shall faithfully perform duties and comply
with laws, ordinances, rules, and contracts entered into for the installation of
signs. The bond must be renewed annually and maintained for so long as
determined by the commissioner. The aggregate liability of the surety on the
bond to any and all persons, regardless of the number of claims made against the
bond, may not exceed the annual amount of the bond. The bond may be canceled as
to future liability by the surety upon 30 days' written notice mailed to the
commissioner by United States mail.

(b) The amount of the bond shall be $ 8,000. The bond may be drawn upon only
by a local unit of government that requires sign [D> installers <D] [A>
CONTRACTORS <A] to post a compliance bond. The bond is in lieu of any compliance
bond required by a local unit of government.

(c) For purposes of this section, "sign" means a device, structure, fixture,
or placard using graphics, symbols, or written copy that is erected on the
premises of an establishment including the name of the establishment or
identifying the merchandise, services, activities, or entertainment available on
the premises.

Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to
read:

Subd. 6. Lessee. "Lessee" means one who rents [A> OR LEASES <A] residential
real estate pursuant to a written lease agreement of at least one year's
duration.

Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to
read:

Subd. 7. Licensee. "Licensee" means a residential building contractor,
residential remodeler, manufactured home installer, or [A> RESIDENTIAL <A]
roofer licensed under sections 326.83 to [D> 326.991 <D] [A> 326.98 <A] .

Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended
to read:

Subd. 11. Owner. [D> Except in section 326.91, subdivision 1 , "owner" means
a person who has any legal or equitable interest in real property. For purposes
of sections 326.83 to 326.991 , "owner" does not include a residential building
contractor or residential remodeler who constructs or improves its own property
for purposes of speculation. A residential building contractor or residential
remodeler will be presumed to be building or improving for purposes of
speculation if it constructs or improves more than one property within any
24-month period. <D] [A> "OWNER," WHEN USED IN CONNECTION WITH REAL PROPERTY,
MEANS A PERSON WHO HAS ANY LEGAL OR EQUITABLE INTEREST IN THE REAL PROPERTY. <A]

Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended
to read:

Subd. 18. [A> RESIDENTIAL <A] roofer. " [A> RESIDENTIAL <A] roofer" means a
person in the business of contracting, or offering to contract with an owner, to
complete work on residential real estate in roof coverings, roof sheathing, roof
weatherproofing and insulation, and repair of roof systems, but not construction
of new roof systems.

Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended
to read:

Subd. 19. Special skill. "Special skill" means one of the following eight
categories:

(a) Excavation. Excavation includes work in any of the following areas:

(1) excavation;

(2) trenching;

(3) grading; and

(4) site grading.

(b) Masonry and concrete. Masonry and concrete includes work in any of the
following areas:

(1) drain systems;

(2) poured walls;

(3) slabs and poured-in-place footings;

(4) masonry walls;

(5) masonry fireplaces;

(6) masonry veneer; and

(7) water resistance and waterproofing.

(c) Carpentry. Carpentry includes work in any of the following areas:

(1) rough framing;

(2) finish carpentry;

(3) doors, windows, and skylights;

(4) porches and decks, excluding footings;

(5) wood foundations; and

(6) drywall installation, excluding taping and finishing.

(d) Interior finishing. Interior finishing includes work in any of the
following areas:

(1) floor covering;

(2) wood floors;

(3) cabinet and counter top installation;

(4) insulation and vapor barriers;

(5) interior or exterior painting;

(6) ceramic, marble, and quarry tile;

(7) ornamental guardrail and installation of prefabricated stairs; and

(8) wallpapering.

(e) Exterior finishing. Exterior finishing includes work in any of the
following areas:

(1) siding;

(2) soffit, fascia, and trim;

(3) exterior plaster and stucco;

(4) painting; and

(5) rain carrying systems, including gutters and down spouts.

(f) Drywall and plaster. Drywall and plaster includes work in any of the
following areas:

(1) installation;

(2) taping;

(3) finishing;

(4) interior plaster;

(5) painting; and

(6) wallpapering.

(g) [A> RESIDENTIAL <A] roofing. [A> RESIDENTIAL <A] roofing includes work in
any of the following areas:

(1) roof coverings;

(2) roof sheathing;

(3) roof weatherproofing and insulation; and

(4) repair of roof support system, but not construction of new roof support
system.

(h) General installation specialties. Installation includes work in any of
the following areas:

(1) garage doors and openers;

(2) pools, spas, and hot tubs;

(3) fireplaces and wood stoves;

(4) asphalt paving and seal coating; [A> AND <A]

(5) [D> exterior plaster and stucco; and <D]

[D> (6) <D] ornamental guardrail and prefabricated stairs.

Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended
to read:

Subd. 20. Specialty contractor. "Specialty contractor" means a person in the
business of contracting or offering to contract to build or improve residential
real estate by providing [A> ONLY <A] one special skill as defined in this
section.

Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:

326.84 LICENSING REQUIREMENTS.

Subdivision 1. Persons required to be licensed. A person who meets the
definition of a residential [A> BUILDING CONTRACTOR AS DEFINED IN SECTION
326.83, SUBDIVISION 15, MUST BE LICENSED AS A RESIDENTIAL BUILDING CONTRACTOR BY
THE COMMISSIONER. A PERSON WHO MEETS THE DEFINITION OF A RESIDENTIAL <A]
remodeler as defined in section 326.83, subdivision [D> 16 , or a residential
building contractor as defined in section 326.83, subdivision 15 , must be
licensed as a residential building contractor or residential remodeler. <D] [A>
16, MUST BE LICENSED BY THE COMMISSIONER AS A RESIDENTIAL REMODELER OR
RESIDENTIAL BUILDING CONTRACTOR. A PERSON WHO MEETS THE DEFINITION OF A
RESIDENTIAL ROOFER AS DEFINED IN SECTION 5 MUST BE LICENSED BY THE COMMISSIONER
AS A RESIDENTIAL ROOFER, RESIDENTIAL BUILDING CONTRACTOR, OR RESIDENTIAL
REMODELER. A PERSON WHO MEETS THE DEFINITION OF A MANUFACTURED HOME INSTALLER AS
DEFINED IN SECTION 327.31, SUBDIVISION 6, MUST BE LICENSED AS A MANUFACTURED
HOME INSTALLER BY THE COMMISSIONER. <A] Subd. 1a. Persons who may be licensed. A
person who meets the definition of a specialty contractor as defined in section
326.83, subdivision [D> 20 <D] [A> 19 <A] , may be licensed [A> BY THE
COMMISSIONER <A] as a residential building contractor or residential remodeler
[D> unless required to be licensed by the state as a specialty contractor <D] .

Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons
required to be licensed by subdivision 1 may act or hold themselves out as [A> A
<A] residential building [D> contractors or <D] [A> CONTRACTOR, <A] residential
[D> remodelers <D] [A> REMODELER, RESIDENTIAL ROOFER, OR MANUFACTURED HOME
INSTALLER <A] for compensation without a [D> valid <D] license issued by the
commissioner.

Subd. 1c. Licensing criteria. The examination and education requirements for
licensure under sections 326.84 to [D> 326.991 <D] [A> 326.98 <A] must be
fulfilled by a qualifying person designated by the potential licensee. If the
qualifying person is a managing employee, the qualifying person must be an
employee who is regularly employed by the licensee and is actively engaged in
the business of residential contracting or residential remodeling on behalf of
the licensee. For a sole proprietorship, the qualifying person must be the
proprietor or managing employee. For a partnership, the qualifying person must
be a general partner or managing employee. For a limited liability company, the
qualifying person must be a chief manager or managing employee. For a
corporation, the qualifying person must be [D> a chief executive officer <D] [A>
AN OWNER, OFFICER, <A] or managing employee. A qualifying person for a
corporation [A> OR LIMITED LIABILITY COMPANY <A] may act as [D> a <D] [A> THE
<A] qualifying person for [D> one additional corporation if one of the following
conditions exists: <D]

[D> (1) there is a common ownership of at least 25 percent of each licensed
corporation for which the person acts in a qualifying capacity; or <D]

[D> (2) one corporation is a subsidiary of another corporation for which the
same person acts in a qualifying capacity. "Subsidiary," as used in this
section, means a corporation of which at least 25 percent is owned by the parent
corporation. <D] [A> MORE THAN ONE CORPORATION OR LIMITED LIABILITY COMPANY IF
THERE IS COMMON OWNERSHIP OF AT LEAST 25 PERCENT AMONG EACH OF THE LICENSED
CORPORATIONS OR LIMITED LIABILITY COMPANIES FOR WHICH THE PERSON ACTS IN THE
CAPACITY OF QUALIFYING PERSON. <A]

[A> SUBD. 1D. REQUIRED INFORMATION. <A]

[A> (A) EACH LICENSEE OR APPLICANT FOR LICENSURE SHALL PROVIDE TO THE
COMMISSIONER A CURRENT STREET ADDRESS AND TELEPHONE NUMBER WHERE THE LICENSEE
RESIDES, AND A STREET ADDRESS AND TELEPHONE NUMBER WHERE THE LICENSEE'S BUSINESS
IS PHYSICALLY LOCATED. A POST OFFICE BOX ADDRESS IS NOT SUFFICIENT TO SATISFY
THIS REQUIREMENT. EACH LICENSEE OR APPLICANT FOR LICENSURE MUST NOTIFY THE
COMMISSIONER IN WRITING OF ANY CHANGE IN THE REQUIRED INFORMATION WITHIN 15 DAYS
OF THE CHANGE. <A]

[A> (B) EACH LICENSEE OR APPLICANT FOR LICENSURE MUST NOTIFY THE COMMISSIONER
IN WRITING UPON ANY CHANGE IN CONTROL, OWNERSHIP, OFFICERS OR DIRECTORS,
PERSONAL NAME, BUSINESS NAME, LICENSE NAME, OR QUALIFYING PERSON, WITHIN 15 DAYS
OF THE CHANGE. <A]

[A> (C) EACH LICENSEE OR APPLICANT FOR LICENSURE MUST NOTIFY THE COMMISSIONER
IN WRITING IF THE LICENSEE OR APPLICANT FOR LICENSURE IS FOUND TO BE A JUDGMENT
DEBTOR BASED UPON CONDUCT REQUIRING LICENSURE PURSUANT TO SECTIONS 326.83 TO
326.98 WITHIN 15 DAYS OF THE FINDING. <A]

[A> (D) EACH LICENSEE OR APPLICANT FOR LICENSURE MUST NOTIFY THE COMMISSIONER
IN WRITING WITHIN 15 DAYS OF FILING A PETITION FOR BANKRUPTCY. <A]

[A> (E) EACH LICENSEE OR APPLICANT FOR LICENSURE MUST NOTIFY THE COMMISSIONER
IN WRITING WITHIN TEN DAYS IF THE LICENSEE OR APPLICANT FOR LICENSURE HAS BEEN
FOUND GUILTY OF A FELONY, GROSS MISDEMEANOR, MISDEMEANOR, OR ANY COMPARABLE
OFFENSE RELATED TO RESIDENTIAL CONTRACTING, INCLUDING CONVICTIONS OF FRAUD,
MISREPRESENTATION, MISUSE OF FUNDS, THEFT, CRIMINAL SEXUAL CONDUCT, ASSAULT,
BURGLARY, CONVERSION OF FUNDS, OR THEFT OF PROCEEDS IN THIS OR ANY OTHER STATE
OR ANY OTHER UNITED STATES JURISDICTION. <A] Subd. 3. Exemptions. The license
requirement does not apply to:

(1) an employee of a licensee performing work for the licensee;

(2) a material person, manufacturer, or retailer furnishing finished
products, materials, or articles of merchandise who does not install or attach
the items;

(3) an owner [D> or owners <D] of residential real estate who [D> build or
improve <D] [A> BUILDS OR IMPROVES ANY STRUCTURE ON <A] residential real estate
[D> and who do the work themselves or jointly with the owner's own <D] [A> , IF
THE BUILDING OR IMPROVING IS PERFORMED BY THE OWNER'S <A] bona fide employees
[A> OR BY INDIVIDUAL OWNERS PERSONALLY <A] . This exemption does not apply to
[D> a person who engages in a pattern of building or improving real estate for
purposes of resale. Such a pattern is presumed to exist if the person constructs
or improves more than one property within any 24-month period; <D] [A> AN OWNER
WHO CONSTRUCTS OR IMPROVES PROPERTY FOR PURPOSES OF SPECULATION IF THE BUILDING
OR IMPROVING IS PERFORMED BY THE OWNER'S BONA FIDE EMPLOYEES OR BY INDIVIDUAL
OWNERS PERSONALLY. A RESIDENTIAL BUILDING CONTRACTOR OR RESIDENTIAL REMODELER
WILL BE PRESUMED TO BE BUILDING OR IMPROVING FOR PURPOSES OF SPECULATION IF THE
CONTRACTOR OR REMODELER CONSTRUCTS OR IMPROVES MORE THAN ONE PROPERTY WITHIN ANY
24-MONTH PERIOD. <A]

(4) an architect or [A> PROFESSIONAL <A] engineer engaging in professional
practice as defined [D> in this chapter <D] [A> BY SECTION 326.02, SUBDIVISIONS
2 AND 3 <A] ;

(5) a person whose total gross annual receipts [D> from projects regulated
under this section <D] [A> FOR PERFORMING SPECIALTY SKILLS FOR WHICH LICENSURE
WOULD BE REQUIRED UNDER THIS SECTION <A] do not exceed $ 15,000;

(6) a mechanical contractor;

(7) a plumber, electrician, or other person whose profession is otherwise
subject to statewide licensing, when engaged in the activity which is the
subject of [A> THAT <A] licensure;

(8) specialty contractors who provide only one special skill as defined in
section 326.83 ;

(9) a school district, or a technical college governed under chapter 136F;
[A> AND <A]

[D> (10) manufactured housing installers; and <D]

[D> (11) <D] [A> (10) <A] Habitat for Humanity and Builders Outreach
Foundation, and their individual volunteers when engaged in activities on their
behalf. To qualify for the exemption in clause (5), a person must obtain a
certificate of exemption from [D> licensing <D] [A> LICENSURE <A] from the
commissioner. A certificate of exemption will be issued upon the applicant's
filing with the commissioner, an affidavit stating that the applicant does not
expect to exceed $ 15,000 in gross annual receipts derived from [D> contracting
activities during the calendar year for which the exemption is requested <D] [A>
PERFORMING SERVICES WHICH REQUIRE LICENSURE UNDER THIS SECTION <A] . To renew
the exemption in clause (5), the applicant must file an affidavit stating that
the applicant did not exceed $ 15,000 in gross annual receipts during the past
calendar year [D> , and the applicant does not expect to exceed $ 15,000 in
gross annual receipts during the calendar year for which the exemption is
requested <D] . If a person, operating under the exemption in clause (5),
exceeds $ 15,000 in gross receipts during any calendar year, the person must
immediately surrender the exemption certificate and apply for the appropriate
license. The person must remain licensed until such time as the person's gross
annual receipts during a calendar year fall below $ 15,000. The person may then
apply for [D> this <D] [A> AN <A] exemption for the next calendar year.

Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:

326.841 MANUFACTURED HOME INSTALLERS.

[A> (A) <A] Manufactured home installers are subject to all of the
requirements of sections 326.83 to 326.98, except for the following:

[D> (1) manufactured home installers are not members of the advisory council
under section 326.85 ; <D]

[D> (2) <D] [A> (1) <A] manufactured home installers are not subject to the
continuing education requirements of section 326.87 [A> , BUT ARE SUBJECT TO THE
CONTINUING EDUCATION REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION
327B.10 <A] ;

[D> (3) <D] [A> (2) <A] the examination requirement of section 326.89,
subdivision 3, for manufactured home installers shall be satisfied by successful
completion of a written examination [D> designed <D] [A> ADMINISTERED AND
DEVELOPED <A] specifically for [A> THE EXAMINATION OF <A] manufactured home
installers. The examination must be [D> designed <D] [A> ADMINISTERED AND
DEVELOPED <A] by the commissioner [D> in conjunction with the state building
code division <D] . The commissioner and [D> State Building Code Division <D]
[A> THE STATE BUILDING OFFICIAL <A] shall seek advice on the grading,
monitoring, and updating of examinations from the Minnesota Manufactured Housing
Association;

[D> (4) the amount of the bond required by section 326.94 shall be $ 2,500
for manufactured home installers; <D]

[D> (5) <D] [A> (3) <A] a local government unit may not place a surcharge on
a license fee, and may not charge a separate fee to installers;

[D> (6) <D] [A> (4) <A] a dealer or distributor who does not install or
repair manufactured homes is exempt from licensure under sections 326.83 to
326.98; [D> and <D]

[D> (7) <D] [A> (5) <A] the exemption under section 326.84, subdivision 3,
clause (5), does not apply [D> . <D] [A> ; AND <A]

[A> (6) MANUFACTURED HOME INSTALLERS ARE NOT SUBJECT TO THE CONTRACTOR
RECOVERY FUND IN SECTION 326.975. <A]

[A> (B) THE COMMISSIONER MAY WAIVE ALL OR PART OF THE REQUIREMENTS FOR
LICENSURE AS A MANUFACTURED HOME INSTALLER FOR ANY INDIVIDUAL WHO HOLDS AN
UNEXPIRED LICENSE OR CERTIFICATE ISSUED BY ANY OTHER STATE OR OTHER UNITED
STATES JURISDICTION IF THE LICENSING REQUIREMENTS OF THAT JURISDICTION MEET OR
EXCEED THE CORRESPONDING LICENSING REQUIREMENTS OF THE DEPARTMENT. <A]

Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:

326.842 [A> RESIDENTIAL <A] ROOFERS. [A> RESIDENTIAL <A] roofers are subject
to all of the requirements of sections 326.83 to 326.98 [D> and 326.991 <D] ,
except the recovery fund in section 326.975.

Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:

326.86 FEES.

Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant
to sections 326.83 to [D> 326.991 <D] [A> 326.98 <A] is $ 100 per year.

Subd. 2. Local surcharge. A local government unit may place a surcharge in an
amount no greater than $ 5 on each [A> LAND USE, ZONING, OR <A] building permit
that requires a licensed residential building contractor, residential remodeler,
[D> or specialty contractor <D] [A> RESIDENTIAL ROOFER, OR MANUFACTURED HOME
INSTALLER <A] for the purpose of license verification. The local government may
verify a license by telephone [D> or <D] [A> , <A] facsimile [D> machine <D] [A>
OR ELECTRONIC COMMUNICATION. A LOCAL GOVERNMENT UNIT SHALL NOT ISSUE A LAND USE,
ZONING, OR BUILDING PERMIT UNLESS THE REQUIRED LICENSE HAS BEEN VERIFIED AND IS
CURRENT <A] .

[A> EFFECTIVE DATE. THE AMENDMENTS TO SUBDIVISION 1 ARE EFFECTIVE JULY 1,
2007. THE AMENDMENTS TO SUBDIVISION 2 ARE EFFECTIVE DECEMBER 1, 2007. <A]

Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:

326.87 CONTINUING EDUCATION.

Subdivision 1. Standards. The commissioner [D> , in consultation with the
council, <D] may [A> BY RULE <A] adopt standards for continuing education
requirements and course [A> AND INSTRUCTOR <A] approval. The standards must
include requirements for continuing education in the implementation of energy
codes applicable to buildings and other building codes designed to conserve
energy. [D> Except for the course content, the standards must be consistent with
the standards established for real estate agents and other professions licensed
by the Department of Commerce. At a minimum, the content of one hour of any
required continuing education must contain information on lead abatement rules
and safe lead abatement procedures. <D]

Subd. 2. Hours. A qualifying person of a licensee must provide proof of
completion of seven hours of continuing education per year [A> IN THE REGULATED
INDUSTRY IN WHICH THE LICENSEE IS LICENSED <A] . [D> To the extent the
commissioner considers it appropriate, courses or parts of courses may be
considered to satisfy both continuing education requirements under this section
and continuing real estate education requirements. <D] [A> CREDIT MAY NOT BE
EARNED IF THE LICENSEE HAS PREVIOUSLY OBTAINED CREDIT FOR THE SAME COURSE AS
EITHER A STUDENT OR INSTRUCTOR DURING THE SAME LICENSING PERIOD. <A]

Subd. 3. Accessibility. To the extent possible, the commissioner shall
ensure that continuing education courses are offered throughout the state and
are easily accessible to all licensees.

Subd. 4. Renewal of [D> accreditation <D] [A> APPROVAL <A] . The commissioner
is authorized to establish a procedure for renewal of course [D> accreditation
<D] [A> APPROVAL <A] .

[A> SUBD. 5. CONTENT. <A]

[A> (A) CONTINUING EDUCATION CONSISTS OF APPROVED COURSES THAT IMPART
APPROPRIATE AND RELATED KNOWLEDGE IN THE REGULATED INDUSTRIES PURSUANT TO
SECTIONS 326.83 TO 326.98. THE BURDEN OF DEMONSTRATING THAT COURSES IMPART
APPROPRIATE AND RELATED KNOWLEDGE IS UPON THE PERSON SEEKING APPROVAL OR CREDIT.
<A]

[A> (B) COURSE EXAMINATIONS WILL NOT BE REQUIRED FOR CONTINUING EDUCATION
COURSES UNLESS THEY ARE REQUIRED BY THE SPONSOR. <A]

[A> (C) TEXTBOOKS ARE NOT REQUIRED TO BE USED FOR CONTINUING EDUCATION
COURSES. IF TEXTBOOKS ARE NOT USED, THE COORDINATOR MUST PROVIDE STUDENTS WITH A
SYLLABUS CONTAINING, AT A MINIMUM, THE COURSE TITLE, THE TIMES AND DATES OF THE
COURSE OFFERING, THE NAMES AND ADDRESSES OR TELEPHONE NUMBERS OF THE COURSE
COORDINATOR AND INSTRUCTOR, AND A DETAILED OUTLINE OF THE SUBJECT MATERIALS TO
BE COVERED. ANY WRITTEN OR PRINTED MATERIAL GIVEN TO STUDENTS MUST BE OF
READABLE QUALITY AND CONTAIN ACCURATE AND CURRENT INFORMATION. <A]

[A> (D) UPON COMPLETION OF AN APPROVED COURSE, LICENSEES SHALL EARN ONE HOUR
OF CONTINUING EDUCATION CREDIT FOR EACH HOUR APPROVED BY THE COMMISSIONER. EACH
CONTINUING EDUCATION COURSE MUST BE ATTENDED IN ITS ENTIRETY IN ORDER TO RECEIVE
CREDIT FOR THE NUMBER OF APPROVED HOURS. COURSES MAY BE APPROVED FOR FULL OR
PARTIAL CREDIT, AND FOR MORE THAN ONE REGULATED INDUSTRY. CONTINUING EDUCATION
CREDIT IN AN APPROVED COURSE SHALL BE AWARDED TO PRESENTING INSTRUCTORS ON THE
BASIS OF ONE CREDIT FOR EACH HOUR OF PREPARATION FOR THE INITIAL PRESENTATION,
WHICH MAY NOT EXCEED THREE HOURS TOTAL CREDIT FOR EACH APPROVED COURSE.
CONTINUING EDUCATION CREDIT MAY NOT BE EARNED IF THE LICENSEE HAS PREVIOUSLY
OBTAINED CREDIT FOR THE SAME COURSE AS A LICENSEE OR AS AN INSTRUCTOR WITHIN THE
THREE YEARS IMMEDIATELY PRIOR. <A]

[A> (E) THE FOLLOWING COURSES WILL NOT BE APPROVED FOR CREDIT: <A]

[A> (1) COURSES DESIGNED SOLELY TO PREPARE STUDENTS FOR A LICENSE
EXAMINATION; <A]

[A> (2) COURSES IN MECHANICAL OFFICE OR BUSINESS SKILLS, INCLUDING TYPING,
SPEED READING, OR OTHER MACHINES OR EQUIPMENT. COMPUTER COURSES ARE ALLOWED, IF
APPROPRIATE AND RELATED TO THE REGULATED INDUSTRY OF THE LICENSEE; <A]

[A> (3) COURSES IN SALES PROMOTION, INCLUDING MEETINGS HELD IN CONJUNCTION
WITH THE GENERAL BUSINESS OF THE LICENSEE; <A]

[A> (4) COURSES IN MOTIVATION, SALESMANSHIP, PSYCHOLOGY, TIME MANAGEMENT, OR
COMMUNICATION; OR <A]

[A> (5) COURSES THAT ARE PRIMARILY INTENDED TO IMPART KNOWLEDGE OF SPECIFIC
PRODUCTS OF SPECIFIC COMPANIES, IF THE USE OF THE PRODUCT OR PRODUCTS RELATES TO
THE SALES PROMOTION OR MARKETING OF ONE OR MORE OF THE PRODUCTS DISCUSSED. <A]

[A> SUBD. 6. COURSE APPROVAL. <A]

[A> (A) COURSES MUST BE APPROVED BY THE COMMISSIONER IN ADVANCE AND WILL BE
APPROVED ON THE BASIS OF THE APPLICANT'S COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION RELATING TO CONTINUING EDUCATION IN THE REGULATED INDUSTRIES. THE
COMMISSIONER SHALL MAKE THE FINAL DETERMINATION AS TO THE APPROVAL AND
ASSIGNMENT OF CREDIT HOURS FOR COURSES. COURSES MUST BE AT LEAST ONE HOUR IN
LENGTH. INDIVIDUALS REQUESTING CREDIT FOR CONTINUING EDUCATION COURSES THAT HAVE
NOT BEEN PREVIOUSLY APPROVED SHALL, ON A FORM PRESCRIBED BY THE COMMISSIONER,
SUBMIT AN APPLICATION FOR APPROVAL OF CONTINUING EDUCATION CREDIT ACCOMPANIED BY
A NONREFUNDABLE FEE OF $ 10 FOR EACH COURSE TO BE REVIEWED. TO BE APPROVED,
COURSES MUST BE IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION GOVERNING THE
TYPES OF COURSES THAT WILL AND WILL NOT BE APPROVED. APPROVAL WILL NOT BE
GRANTED FOR TIME SPENT ON MEALS OR OTHER UNRELATED ACTIVITIES. BREAKS MAY NOT BE
ACCUMULATED IN ORDER TO DISMISS THE CLASS EARLY. CLASSES SHALL NOT BE OFFERED BY
A PROVIDER TO ANY ONE STUDENT FOR LONGER THAN EIGHT HOURS IN ONE DAY, EXCLUDING
MEAL BREAKS. <A]

[A> (B) APPLICATION FOR COURSE APPROVAL MUST BE SUBMITTED 30 DAYS BEFORE THE
COURSE OFFERING. <A]

[A> (C) APPROVAL MUST BE GRANTED FOR A SUBSEQUENT OFFERING OF IDENTICAL
CONTINUING EDUCATION COURSES WITHOUT REQUIRING A NEW APPLICATION IF A NOTICE OF
THE SUBSEQUENT OFFERING IS FILED WITH THE COMMISSIONER AT LEAST 30 DAYS IN
ADVANCE OF THE DATE THE COURSE IS TO BE HELD. THE COMMISSIONER SHALL DENY FUTURE
OFFERINGS OF COURSES IF THEY ARE FOUND NOT TO BE IN COMPLIANCE WITH THE LAWS
RELATING TO COURSE APPROVAL. <A]

[A> SUBD. 7. COURSES OPEN TO ALL. ALL COURSE OFFERINGS MUST BE OPEN TO ANY
INTERESTED INDIVIDUALS. ACCESS MAY BE RESTRICTED BY THE SPONSOR BASED ON CLASS
SIZE ONLY. COURSES MUST NOT BE APPROVED IF ATTENDANCE IS RESTRICTED TO ANY
PARTICULAR GROUP OF PEOPLE, EXCEPT FOR COMPANY-SPONSORED COURSES ALLOWED BY
APPLICABLE LAW. <A]

[A> SUBD. 8. COURSE COORDINATOR. <A]

[A> (A) EACH COURSE OF STUDY SHALL HAVE AT LEAST ONE COORDINATOR, APPROVED BY
THE COMMISSIONER, WHO IS RESPONSIBLE FOR SUPERVISING THE PROGRAM AND ENSURING
COMPLIANCE WITH ALL RELEVANT LAW. SPONSORS MAY ENGAGE AN ADDITIONAL APPROVED
COORDINATOR IN ORDER TO ASSIST THE COORDINATOR OR TO ACT AS A SUBSTITUTE FOR THE
COORDINATOR IN THE EVENT OF AN EMERGENCY OR ILLNESS. <A]

[A> (B) THE COMMISSIONER SHALL APPROVE AS A COORDINATOR A PERSON MEETING ONE
OR MORE OF THE FOLLOWING CRITERIA: <A]

[A> (1) AT LEAST THREE YEARS OF FULL-TIME EXPERIENCE IN THE ADMINISTRATION OF
AN EDUCATION PROGRAM DURING THE FIVE-YEAR PERIOD IMMEDIATELY BEFORE THE DATE OF
APPLICATION; <A]

[A> (2) A DEGREE IN EDUCATION PLUS TWO YEARS' EXPERIENCE DURING THE
IMMEDIATELY PRECEDING FIVE-YEAR PERIOD IN ONE OF THE REGULATED INDUSTRIES FOR
WHICH COURSES ARE BEING APPROVED; OR <A]

[A> (3) A MINIMUM OF FIVE YEARS' EXPERIENCE WITHIN THE PREVIOUS SIX YEARS IN
THE REGULATED INDUSTRY FOR WHICH COURSES ARE HELD. <A]

[A> SUBD. 9. RESPONSIBILITIES. A COORDINATOR IS RESPONSIBLE FOR: <A]

[A> (1) ENSURING COMPLIANCE WITH ALL LAWS AND RULES RELATING TO CONTINUING
EDUCATIONAL OFFERINGS GOVERNED BY THE COMMISSIONER; <A]

[A> (2) ENSURING THAT STUDENTS ARE PROVIDED WITH CURRENT AND ACCURATE
INFORMATION RELATING TO THE LAWS AND RULES GOVERNING THEIR LICENSED ACTIVITY;
<A]

[A> (3) SUPERVISING AND EVALUATING COURSES AND INSTRUCTORS. SUPERVISION
INCLUDES ENSURING THAT ALL AREAS OF THE CURRICULUM ARE ADDRESSED WITHOUT
REDUNDANCY AND THAT CONTINUITY IS PRESENT THROUGHOUT THE ENTIRE COURSE; <A]

[A> (4) ENSURING THAT INSTRUCTORS ARE QUALIFIED TO TEACH THE COURSE OFFERING;
<A]

[A> (5) FURNISHING THE COMMISSIONER, UPON REQUEST, WITH COPIES OF COURSE AND
INSTRUCTOR EVALUATIONS AND QUALIFICATIONS OF INSTRUCTORS. EVALUATIONS MUST BE
COMPLETED BY STUDENTS AT THE TIME THE COURSE IS OFFERED AND BY COORDINATORS
WITHIN FIVE DAYS AFTER THE COURSE OFFERING; <A]

[A> (6) INVESTIGATING COMPLAINTS RELATED TO COURSE OFFERINGS OR INSTRUCTORS.
A COPY OF THE WRITTEN COMPLAINT MUST BE SENT TO THE COMMISSIONER WITHIN TEN DAYS
OF RECEIPT OF THE COMPLAINT AND A COPY OF THE COMPLAINT RESOLUTION MUST BE SENT
NOT MORE THAN TEN DAYS AFTER RESOLUTION IS REACHED; <A]

[A> (7) MAINTAINING ACCURATE RECORDS RELATING TO COURSE OFFERINGS,
INSTRUCTORS, TESTS TAKEN BY STUDENTS IF REQUIRED, AND STUDENT ATTENDANCE FOR A
PERIOD OF THREE YEARS FROM THE DATE ON WHICH THE COURSE WAS COMPLETED. THESE
RECORDS MUST BE MADE AVAILABLE TO THE COMMISSIONER UPON REQUEST. IN THE EVENT
THAT A SPONSOR CEASES OPERATION FOR ANY REASON, THE COORDINATOR IS RESPONSIBLE
FOR MAINTAINING THE RECORDS OR PROVIDING A CUSTODIAN FOR THE RECORDS ACCEPTABLE
TO THE COMMISSIONER. THE COORDINATOR MUST NOTIFY THE COMMISSIONER OF THE NAME
AND ADDRESS OF THAT PERSON. IN ORDER TO BE ACCEPTABLE TO THE COMMISSIONER,
CUSTODIANS MUST AGREE TO MAKE COPIES OF ACKNOWLEDGMENTS AVAILABLE TO STUDENTS AT
A REASONABLE FEE. UNDER NO CIRCUMSTANCES WILL THE COMMISSIONER ACT AS CUSTODIAN
OF THE RECORDS; <A]

[A> (8) ENSURING THAT THE COORDINATOR IS AVAILABLE TO INSTRUCTORS AND
STUDENTS THROUGHOUT COURSE OFFERINGS AND PROVIDING TO THE STUDENTS AND
INSTRUCTOR THE NAME OF THE COORDINATOR AND A TELEPHONE NUMBER AT WHICH THE
COORDINATOR CAN BE REACHED; <A]

[A> (9) ATTENDING WORKSHOPS OR INSTRUCTIONAL PROGRAMS AS REASONABLY REQUIRED
BY THE COMMISSIONER; <A]

[A> (10) PROVIDING COURSE COMPLETION CERTIFICATES WITHIN TEN DAYS OF, BUT NOT
BEFORE, COMPLETION OF THE ENTIRE COURSE. COURSE COMPLETION CERTIFICATES MUST BE
COMPLETED IN THEIR ENTIRETY. COURSE COMPLETION CERTIFICATES MUST CONTAIN THE
FOLLOWING STATEMENT: "IF YOU HAVE ANY COMMENTS ABOUT THIS COURSE OFFERING,
PLEASE MAIL THEM TO THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY." THE CURRENT
ADDRESS OF THE DEPARTMENT MUST BE INCLUDED. A COORDINATOR MAY REQUIRE PAYMENT OF
THE COURSE TUITION AS A CONDITION FOR RECEIVING THE COURSE COMPLETION
CERTIFICATE; AND <A]

[A> (11) NOTIFYING THE COMMISSIONER IN WRITING WITHIN TEN DAYS OF ANY CHANGE
IN THE INFORMATION IN AN APPLICATION FOR APPROVAL ON FILE WITH THE COMMISSIONER.
<A]

[A> SUBD. 10. INSTRUCTORS. <A]

[A> (A) EACH CONTINUING EDUCATION COURSE SHALL HAVE AN INSTRUCTOR WHO IS
QUALIFIED BY EDUCATION, TRAINING, OR EXPERIENCE TO ENSURE COMPETENT INSTRUCTION.
FAILURE TO HAVE ONLY QUALIFIED INSTRUCTORS TEACH AT AN APPROVED COURSE OFFERING
WILL RESULT IN LOSS OF COURSE APPROVAL. COORDINATORS ARE RESPONSIBLE TO ENSURE
THAT AN INSTRUCTOR IS QUALIFIED TO TEACH THE COURSE OFFERING. <A]

[A> (B) QUALIFIED CONTINUING EDUCATION INSTRUCTORS MUST HAVE ONE OF THE
FOLLOWING QUALIFICATIONS: <A]

[A> (1) A FOUR-YEAR DEGREE IN ANY AREA PLUS TWO YEARS' PRACTICAL EXPERIENCE
IN THE SUBJECT AREA BEING TAUGHT; <A]

[A> (2) FIVE YEARS' PRACTICAL EXPERIENCE IN THE SUBJECT AREA BEING TAUGHT; OR
(3) A COLLEGE OR GRADUATE DEGREE IN THE SUBJECT AREA BEING TAUGHT. <A]

[A> (C) APPROVED INSTRUCTORS ARE RESPONSIBLE FOR: <A]

[A> (1) COMPLIANCE WITH ALL LAWS AND RULES RELATING TO CONTINUING EDUCATION;
<A]

[A> (2) PROVIDING STUDENTS WITH CURRENT AND ACCURATE INFORMATION; <A]

[A> (3) MAINTAINING AN ATMOSPHERE CONDUCIVE TO LEARNING IN THE CLASSROOM; <A]

[A> (4) VERIFYING ATTENDANCE OF STUDENTS, AND CERTIFYING COURSE COMPLETION;
<A]

[A> (5) PROVIDING ASSISTANCE TO STUDENTS AND RESPONDING TO QUESTIONS RELATING
TO COURSE MATERIALS; AND <A]

[A> (6) ATTENDING THE WORKSHOPS OR INSTRUCTIONAL PROGRAMS THAT ARE REQUIRED
BY THE COMMISSIONER. <A]

[A> SUBD. 11. PROHIBITED PRACTICES FOR COORDINATORS AND INSTRUCTORS. <A]

[A> (A) IN CONNECTION WITH AN APPROVED CONTINUING EDUCATION COURSE,
COORDINATORS AND INSTRUCTORS SHALL NOT: <A]

[A> (1) RECOMMEND OR PROMOTE THE SERVICES OR PRACTICES OF A PARTICULAR
BUSINESS; <A]

[A> (2) ENCOURAGE OR RECRUIT INDIVIDUALS TO ENGAGE THE SERVICES OF, OR BECOME
ASSOCIATED WITH, A PARTICULAR BUSINESS; <A]

[A> (3) USE MATERIALS, CLOTHING, OR OTHER EVIDENCES OF AFFILIATION WITH A
PARTICULAR ENTITY; <A]

[A> (4) REQUIRE STUDENTS TO PARTICIPATE IN OTHER PROGRAMS OR SERVICES OFFERED
BY THE INSTRUCTOR, COORDINATOR, OR SPONSOR; <A]

[A> (5) ATTEMPT, EITHER DIRECTLY OR INDIRECTLY, TO DISCOVER QUESTIONS OR
ANSWERS ON AN EXAMINATION FOR A LICENSE; <A]

[A> (6) DISSEMINATE TO ANY OTHER PERSON SPECIFIC QUESTIONS, PROBLEMS, OR
INFORMATION KNOWN OR BELIEVED TO BE INCLUDED IN LICENSING EXAMINATIONS; <A]

[A> (7) MISREPRESENT ANY INFORMATION SUBMITTED TO THE COMMISSIONER; <A]

[A> (8) FAIL TO COVER, OR ENSURE COVERAGE OF, ALL POINTS, ISSUES, AND
CONCEPTS CONTAINED IN THE COURSE OUTLINE APPROVED BY THE COMMISSIONER DURING THE
APPROVED INSTRUCTION; OR <A]

[A> (9) ISSUE INACCURATE COURSE COMPLETION CERTIFICATES. <A]

[A> (B) COORDINATORS SHALL NOTIFY THE COMMISSIONER WITHIN TEN DAYS OF A
FELONY OR GROSS MISDEMEANOR CONVICTION OR OF DISCIPLINARY ACTION TAKEN AGAINST
AN OCCUPATIONAL OR PROFESSIONAL LICENSE HELD BY THE COORDINATOR OR AN INSTRUCTOR
TEACHING AN APPROVED COURSE. THE NOTIFICATION SHALL BE GROUNDS FOR THE
COMMISSIONER TO WITHDRAW THE APPROVAL OF THE COORDINATOR AND TO DISALLOW THE USE
OF THE INSTRUCTOR. <A]

[A> SUBD. 12. FEES. FEES FOR AN APPROVED COURSE OF STUDY AND RELATED
MATERIALS MUST BE CLEARLY IDENTIFIED TO STUDENTS. IN THE EVENT THAT A COURSE IS
CANCELED FOR ANY REASON, ALL FEES MUST BE RETURNED WITHIN 15 DAYS FROM THE DATE
OF CANCELLATION. IN THE EVENT THAT A COURSE IS POSTPONED FOR ANY REASON,
STUDENTS SHALL BE GIVEN THE CHOICE OF ATTENDING THE COURSE AT A LATER DATE OR
HAVING THEIR FEES REFUNDED IN FULL WITHIN 15 DAYS FROM THE DATE OF POSTPONEMENT.
IF A STUDENT IS UNABLE TO ATTEND A COURSE OR CANCELS THE REGISTRATION IN A
COURSE, SPONSOR POLICIES REGARDING REFUNDS SHALL GOVERN. <A]

[A> SUBD. 13. FACILITIES. EACH COURSE OF STUDY MUST BE CONDUCTED IN A
CLASSROOM OR OTHER FACILITY THAT IS ADEQUATE TO COMFORTABLY ACCOMMODATE THE
INSTRUCTORS AND THE NUMBER OF STUDENTS ENROLLED. THE SPONSOR MAY LIMIT THE
NUMBER OF STUDENTS ENROLLED IN A COURSE. APPROVED COURSES MAY BE HELD ON THE
PREMISES OF A COMPANY DOING BUSINESS IN THE REGULATED AREA ONLY WHEN THE COMPANY
IS SPONSORING THE COURSE OFFERING, OR WHERE PRODUCT APPLICATION IS APPROPRIATE
AND RELATED. <A]

[A> SUBD. 14. SUPPLEMENTARY MATERIALS. AN ADEQUATE SUPPLY OF SUPPLEMENTARY
MATERIALS TO BE USED OR DISTRIBUTED IN CONNECTION WITH AN APPROVED COURSE MUST
BE AVAILABLE AT THE TIME AND PLACE OF THE COURSE OFFERING IN ORDER TO ENSURE
THAT EACH STUDENT RECEIVES ALL OF THE NECESSARY MATERIALS. OUTLINES AND ANY
OTHER MATERIALS THAT ARE REPRODUCED MUST BE OF READABLE QUALITY. <A]

[A> SUBD. 15. ADVERTISING COURSES. <A]

[A> (A) PARAGRAPHS (B) TO (G) GOVERN THE ADVERTISING OF CONTINUING EDUCATION
COURSES. <A]

[A> (B) ADVERTISING MUST BE TRUTHFUL AND NOT DECEPTIVE OR MISLEADING. COURSES
MAY NOT BE ADVERTISED IN ANY MANNER AS APPROVED UNLESS APPROVAL HAS BEEN GRANTED
IN WRITING BY THE COMMISSIONER. <A]

[A> (C) NO ADVERTISEMENT, PAMPHLET, CIRCULAR, OR OTHER SIMILAR MATERIALS
PERTAINING TO AN APPROVED OFFERING MAY BE CIRCULATED OR DISTRIBUTED IN THIS
STATE, UNLESS THE FOLLOWING STATEMENT IS PROMINENTLY DISPLAYED: "THIS COURSE
HAS BEEN APPROVED BY THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY FOR ....
(APPROVED NUMBER OF HOURS) HOURS FOR CONTINUING .... (RELEVANT INDUSTRY)
EDUCATION." <A]

[A> (D) ADVERTISING OF APPROVED COURSES MUST BE CLEARLY DISTINGUISHABLE FROM
THE ADVERTISEMENT OF OTHER NONAPPROVED COURSES AND SERVICES. <A]

[A> (E) CONTINUING EDUCATION COURSES MAY NOT BE ADVERTISED BEFORE APPROVAL
UNLESS THE COURSE IS DESCRIBED IN THE ADVERTISING AS "APPROVAL PENDING" AND AN
APPLICATION FOR APPROVAL HAS BEEN TIMELY SUBMITTED TO THE COMMISSIONER AND A
DENIAL HAS NOT BEEN RECEIVED. <A]

[A> (F) THE NUMBER OF HOURS FOR WHICH A COURSE HAS BEEN APPROVED MUST BE
PROMINENTLY DISPLAYED ON AN ADVERTISEMENT FOR THE COURSE. IF THE COURSE OFFERING
IS LONGER THAN THE NUMBER OF HOURS OF CREDIT TO BE GIVEN, IT MUST BE CLEAR THAT
CREDIT IS NOT EARNED FOR THE ENTIRE COURSE. <A]

[A> (G) THE COURSE APPROVAL NUMBER MUST NOT BE INCLUDED IN ANY ADVERTISEMENT.
<A]

[A> SUBD. 16. NOTICE TO STUDENTS. AT THE BEGINNING OF EACH APPROVED
OFFERING, THE FOLLOWING NOTICE MUST BE HANDED OUT IN PRINTED FORM OR MUST BE
READ TO STUDENTS: "THIS EDUCATIONAL OFFERING IS RECOGNIZED BY THE MINNESOTA
DEPARTMENT OF LABOR AND INDUSTRY AS SATISFYING .... (INSERT NUMBER OF HOURS
APPROVED) HOURS OF CREDIT TOWARD CONTINUING .... (INSERT APPROPRIATE
INDUSTRY) EDUCATION REQUIREMENTS." <A]

[A> SUBD. 17. AUDITS. THE COMMISSIONER RESERVES THE RIGHT TO AUDIT SUBJECT
OFFERINGS WITH OR WITHOUT NOTICE TO THE SPONSOR. <A]

[A> SUBD. 18. FALSIFICATION OF REPORTS. A LICENSEE, ITS QUALIFIED PERSON, OR
AN APPLICANT FOUND TO HAVE FALSIFIED AN EDUCATION REPORT TO THE COMMISSIONER
SHALL BE CONSIDERED TO HAVE VIOLATED THE LAWS RELATING TO THE INDUSTRY FOR WHICH
THE PERSON HAS A LICENSE AND SHALL BE SUBJECT TO CENSURE, LIMITATION, CONDITION,
SUSPENSION, OR REVOCATION OF THE LICENSE OR DENIAL OF THE APPLICATION FOR
LICENSURE. THE COMMISSIONER RESERVES THE RIGHT TO AUDIT A LICENSEE'S CONTINUING
EDUCATION RECORDS. <A]

[A> SUBD. 19. WAIVERS AND EXTENSIONS. IF A LICENSEE PROVIDES DOCUMENTATION TO
THE COMMISSIONER THAT THE LICENSEE OR ITS QUALIFYING PERSON IS UNABLE, AND WILL
CONTINUE TO BE UNABLE, TO ATTEND ACTUAL CLASSROOM COURSE WORK BECAUSE OF A
PHYSICAL DISABILITY, MEDICAL CONDITION, OR SIMILAR REASON, ATTENDANCE AT
CONTINUING EDUCATION COURSES SHALL BE WAIVED FOR A PERIOD NOT TO EXCEED ONE
YEAR. THE COMMISSIONER SHALL REQUIRE THAT THE LICENSEE OR ITS QUALIFYING PERSON
SATISFACTORILY COMPLETE A SELF-STUDY PROGRAM TO INCLUDE READING A SUFFICIENT
NUMBER OF TEXTBOOKS, OR LISTENING TO A SUFFICIENT NUMBER OF TAPES, RELATED TO
THE REGULATED INDUSTRY, AS WOULD BE NECESSARY FOR THE LICENSEE TO SATISFY
CONTINUING EDUCATIONAL CREDIT HOUR NEEDS. THE COMMISSIONER SHALL AWARD THE
LICENSEE CREDIT HOURS FOR A SELF-STUDY PROGRAM BY DETERMINING HOW MANY CREDIT
HOURS WOULD BE GRANTED TO A CLASSROOM COURSE INVOLVING THE SAME MATERIAL AND
GIVING THE LICENSEE THE SAME NUMBER OF CREDIT HOURS UNDER THIS PART. THE
LICENSEE MAY APPLY EACH YEAR FOR A NEW WAIVER UPON THE SAME TERMS AND CONDITIONS
AS WERE NECESSARY TO SECURE THE ORIGINAL WAIVER, AND MUST DEMONSTRATE THAT IN
SUBSEQUENT YEARS, THE LICENSEE WAS UNABLE TO COMPLETE ACTUAL CLASSROOM COURSE
WORK. THE COMMISSIONER MAY REQUEST DOCUMENTATION OF THE CONDITION UPON WHICH THE
REQUEST FOR WAIVER IS BASED AS IS NECESSARY TO SATISFY THE COMMISSIONER OF THE
EXISTENCE OF THE CONDITION AND THAT THE CONDITION DOES PRECLUDE ATTENDANCE AT
CONTINUING EDUCATION COURSES. UPON WRITTEN PROOF DEMONSTRATING A MEDICAL
HARDSHIP, THE COMMISSIONER SHALL EXTEND, FOR UP TO 90 DAYS, THE TIME PERIOD
DURING WHICH THE CONTINUING EDUCATION MUST BE SUCCESSFULLY COMPLETED. LOSS OF
INCOME FROM EITHER ATTENDANCE AT COURSES OR CANCELLATION OF A LICENSE IS NOT A
BONA FIDE FINANCIAL HARDSHIP. REQUESTS FOR EXTENSIONS MUST BE SUBMITTED TO THE
COMMISSIONER IN WRITING NO LATER THAN 60 DAYS BEFORE THE EDUCATION IS DUE AND
MUST INCLUDE AN EXPLANATION WITH VERIFICATION OF THE HARDSHIP, PLUS VERIFICATION
OF ENROLLMENT AT AN APPROVED COURSE OF STUDY ON OR BEFORE THE EXTENSION PERIOD
EXPIRES. <A]

[A> SUBD. 20. REPORTING REQUIREMENTS. REQUIRED CONTINUING EDUCATION MUST BE
REPORTED IN A MANNER PRESCRIBED BY THE COMMISSIONER. LICENSEES ARE RESPONSIBLE
FOR MAINTAINING COPIES OF COURSE COMPLETION CERTIFICATES. <A]

[A> SUBD. 21. RESIDENTIAL BUILDING CONTRACTOR, RESIDENTIAL REMODELER, AND
RESIDENTIAL ROOFER EDUCATION. <A]

[A> (A) EACH LICENSEE MUST, DURING THE LICENSEE'S FIRST COMPLETE CONTINUING
EDUCATION REPORTING PERIOD, COMPLETE AND REPORT ONE HOUR OF CONTINUING EDUCATION
RELATING TO LEAD ABATEMENT RULES IN SAFE LEAD ABATEMENT PROCEDURES. <A]

[A> (B) EACH LICENSEE MUST, DURING EACH CONTINUING EDUCATION REPORTING
PERIOD, COMPLETE AND REPORT ONE HOUR OF CONTINUING EDUCATION RELATING TO ENERGY
CODES FOR BUILDINGS AND OTHER BUILDING CODES DESIGNED TO CONSERVE ENERGY. <A]

[A> SUBD. 22. CONTINUING EDUCATION APPROVAL. <A]

[A> (A) CONTINUING EDUCATION COURSES MUST BE APPROVED IN ADVANCE BY THE
COMMISSIONER OF LABOR AND INDUSTRY. "SPONSOR" MEANS ANY PERSON OR ENTITY
OFFERING APPROVED EDUCATION. <A]

[A> (B) FOR COORDINATORS WITH AN INITIAL APPROVAL DATE BEFORE AUGUST 1, 2005,
APPROVAL WILL EXPIRE ON DECEMBER 31, 2005. FOR COURSES WITH AN INITIAL APPROVAL
DATE ON OR BEFORE DECEMBER 31, 2000, APPROVAL WILL EXPIRE ON APRIL 30, 2006. FOR
COURSES WITH AN INITIAL APPROVAL DATE AFTER JANUARY 1, 2001, BUT BEFORE AUGUST
1, 2005, APPROVAL WILL EXPIRE ON APRIL 30, 2007. <A]

[A> SUBD. 23. CONTINUING EDUCATION FEES. THE FOLLOWING FEES SHALL BE PAID TO
THE COMMISSIONER: <A]

[A> (1) INITIAL COURSE APPROVAL, $ 10 FOR EACH HOUR OR FACTION OF ONE HOUR OF
CONTINUING EDUCATION COURSE APPROVAL SOUGHT. INITIAL COURSE APPROVAL EXPIRES ON
THE LAST DAY OF THE 24TH MONTH AFTER THE COURSE IS APPROVED; <A]

[A> (2) RENEWAL OF COURSE APPROVAL, $ 10 PER COURSE. RENEWAL OF COURSE
APPROVAL EXPIRES ON THE LAST DAY OF THE 24TH MONTH AFTER THE COURSE IS RENEWED;
<A]

[A> (3) INITIAL COORDINATOR APPROVAL, $ 100. INITIAL COORDINATOR APPROVAL
EXPIRES ON THE LAST DAY OF THE 24TH MONTH AFTER THE COORDINATOR IS APPROVED; AND
<A]

[A> (4) RENEWAL OF COORDINATOR APPROVAL, $ 10. RENEWAL OF COORDINATOR
APPROVAL EXPIRES ON THE LAST DAY OF THE 24TH MONTH AFTER THE COORDINATOR IS
RENEWED. <A]

[A> SUBD. 24. REFUNDS. ALL FEES PAID TO THE COMMISSIONER UNDER THIS SECTION
ARE NONREFUNDABLE, EXCEPT THAT AN OVERPAYMENT OF A FEE SHALL BE RETURNED UPON
PROPER APPLICATION. <A]

Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:

326.88 LOSS OF QUALIFYING PERSON. Upon the departure or disqualification of a
licensee's qualifying person because of death, disability, retirement, position
change, or other reason, the licensee must notify the commissioner within 15
business days. The licensee shall have 120 days from the departure of the
qualifying person to obtain a new qualifying person. Failure to secure a new
qualifying person within 120 days will [A> , WITH OR WITHOUT NOTICE, <A] result
in the automatic termination of the license.

Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:

326.89 APPLICATION AND EXAMINATION.

Subdivision 1. Form. An applicant for a license under sections 326.83 to
326.98 must submit an application [D> to the commissioner <D] , under oath [A>
AND ACCOMPANIED BY THE LICENSE FEE REQUIRED BY SECTION 326.86 <A] , on a form
prescribed by the commissioner. Within 30 business days of receiving all
required information, the commissioner must act on the license request. If one
of the categories in the application does not apply, the applicant must [A>
IDENTIFY THE CATEGORY AND <A] state the reason [A> THE CATEGORY DOES NOT APPLY
<A] . The commissioner may refuse to issue a license if the application is not
complete or contains unsatisfactory information.

Subd. 2. Contents. [D> The <D] [A> EACH <A] application must include the
following information regarding the applicant:

(1) Minnesota workers' compensation insurance certificate;

(2) employment insurance account number;

(3) certificate of liability insurance;

(4) type of license requested;

(5) name [D> and <D] [A> , CURRENT <A] address [D> of the applicant: <D] [A>
, AND TELEPHONE NUMBER WHERE THE APPLICANT RESIDES; <A]

[D> (i) <D] [A> (6) <A] name and address of the applicant's qualifying
person, if other than applicant; and

[D> (ii) <D] [A> (7) <A] if the applicant is a sole proprietorship, the name
and address of the sole proprietor; if the applicant is a partnership, the name
and address of each partner; if the applicant is a limited liability company,
the name and address of each governor and manager; if the applicant is a
corporation, the name and address of each of the corporate officers, directors,
and all shareholders holding more than ten percent of the outstanding stock in
the corporation;

[A> (8) NAME AND ADDRESS OF THE APPLICANT'S AGENT IN THIS STATE AUTHORIZED TO
RECEIVE SERVICE OF PROCESS, AND A CONSENT TO SERVICE OF PROCESS AS REQUIRED BY
SECTION 326.93; <A]

[A> (9) CURRENT STREET ADDRESS AND TELEPHONE NUMBER WHERE THE BUSINESS IS
PHYSICALLY LOCATED; <A]

[D> (6) <D] [A> (10) <A] whether the applicant, any employee, or qualifying
person has ever been licensed in this or any other state and has had a
professional or vocational license [A> REPRIMANDED, CENSURED, LIMITED,
CONDITIONED, <A] refused, suspended, or revoked, or has been the subject of any
administrative action;

[D> (7) <D] [A> (11) <A] whether the applicant, qualifying person, or any of
the applicant's corporate or partnership directors, limited liability company
governors, officers, limited or general partners, managers, all shareholders
holding more than ten percent of the share of the corporation that have been
issued, or all members holding more than ten percent of the voting power of the
membership interests that have been issued, has been convicted of a crime that
either related directly to the business for which the license is sought or
involved fraud, misrepresentation, or misuse of funds; has suffered a judgment
in a civil action involving fraud, misrepresentation, [A> CONSTRUCTION DEFECT,
<A] negligence, [D> or <D] breach of contract, or conversion [A> OF FUNDS <A]
within the ten years prior to the submission of the application; or has had any
government license or permit [A> REPRIMANDED, CENSURED, LIMITED, CONDITIONED,
<A] suspended [A> , <A] or revoked as a result of an action brought by a
federal, state, or local governmental unit or agency in this or any other state;

[D> (8) <D] [A> (12) <A] the applicant's and qualifying person's business
history for the past five years and whether the applicant, [D> any <D] [A> A
MANAGING <A] employee, or qualifying person has ever filed for bankruptcy or
protection from creditors or has any unsatisfied judgments against the
applicant, employee, or qualifying person;

[D> (9) <D] [A> (13) <A] where the applicant is a firm, partnership, sole
proprietorship, limited liability company, corporation, or association, whether
there has been a sale or transfer of the business or other change in ownership,
control, or name in the last five years and the details thereof, and the names
and addresses of all prior, predecessor, subsidiary, affiliated, parent, or
related entities, and whether each such entity, or its owners, officers,
directors, members or shareholders holding more than ten percent of the stock,
or an employee has ever taken or been subject to an action that is subject to
clause [D> (6), (7), or (8) <D] [A> (10), (11), OR (12) <A] in the last ten
years; and

[D> (10) <D] [A> (14) <A] whether the qualifying person is the qualifying
person for more than one licensee. For purposes of this subdivision, "applicant"
includes employees who exercise management or policy control over the
residential contracting [D> and remodeling <D] [A> , RESIDENTIAL REMODELING,
RESIDENTIAL ROOFING, OR MANUFACTURED HOME INSTALLATION <A] activities in the
state of Minnesota, including affiliates, partners, directors, governors,
officers, limited or general partners, managers, all shareholders holding more
than ten percent of the shares that have been issued, a shareholder holding more
than ten percent of the voting power of the shares that have been issued, or all
members holding more than ten percent of the membership interests that have been
issued or more than ten percent of the voting power of the membership interests
that have been issued. The commissioner may require further information as the
commissioner deems appropriate to administer the provisions and further the
purposes of this chapter.

Subd. 3. Examination.

(a) Each qualifying person must satisfactorily complete a written examination
for the type of license requested. The commissioner may establish the
examination qualifications, including related education experience and
education, the examination procedure, and the examination for each licensing
group. The examination must include at a minimum the following areas:

(1) appropriate knowledge of technical terms commonly used and the knowledge
of reference materials and code books to be used for technical information; and

(2) understanding of the general principles of business management and other
pertinent state laws.

(b) Each examination must be designed for the specified type of license
requested. [D> The council shall advise the commissioner on the grading,
monitoring, and updating of examinations. <D]

(c) [D> A person's <D] [A> AN INDIVIDUAL'S <A] passing examination results
expire two years from the examination date. [D> A person <D] [A> AN INDIVIDUAL
<A] who passes the examination but does not choose to apply to act as a
qualifying person for a licensee within two years from the examination date,
must, upon application provide:

(1) passing examination results within two years from the date of
application; or

(2) proof that the person has fulfilled the continuing education requirements
in section 326.87 in the manner required for a qualifying person of a licensee
for each license period after the expiration of the examination results.

[D> Subd. 4. Competency skills. The commissioner shall, in consultation with
the council, determine the competency skills and installation knowledge required
for the licensing of specialty contractors. <D]

Subd. 5. Exemption. A general retailer whose primary business is not being a
residential building contractor, [A> RESIDENTIAL <A] remodeler, [D> or specialty
contractor <D] [A> RESIDENTIAL ROOFER, OR MANUFACTURED HOME INSTALLER, <A] and
who has completed a [D> comparable <D] license examination [A> MEETING OR
EXCEEDING MINNESOTA'S EXAMINATION REQUIREMENTS <A] in another state is exempt
from [D> subdivisions <D] [A> SUBDIVISION <A] 3 [D> and 4 <D] and sections
326.87 and 326.88.

Subd. 6. Additional licensing requirements. As an alternative to denying an
application for licensure pursuant to section 326.91, subdivision 1, the
commissioner may, as a condition of licensure and based upon information
received pursuant to section 326.89, subdivision 2, clauses (6) to (8), or a
finding pursuant to section 326.91, subdivision 1 , clauses (1) to (9), impose
additional insurance, bonding, reporting, record keeping, and other requirements
on the applicant as are reasonable to protect the public.

[A> SUBD. 7. LICENSE. A NONRESIDENT OF MINNESOTA MAY BE LICENSED AS A
RESIDENTIAL BUILDING CONTRACTOR, RESIDENTIAL REMODELER, RESIDENTIAL ROOFER, OR
MANUFACTURED HOME INSTALLER UPON COMPLIANCE WITH ALL THE PROVISIONS OF SECTIONS
326.83 TO 326.98. <A]

Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended
to read:

Subdivision 1. Local license prohibited. Except as provided in sections
326.90, subdivision 2 , [D> and 326.991 , <D] a political subdivision may not
require a person licensed under sections 326.83 to [D> 326.991 <D] [A> 326.98
<A] to also be licensed or pay a registration or other fee related to licensure
under any ordinance, law, rule, or regulation of the political subdivision. This
section does not prohibit charges for building permits or other charges not
directly related to licensure.

Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended
to read:

Subdivision 1. [D> Cause <D] [A> GROUNDS <A] . [D> The commissioner may by
order deny, suspend, or revoke any license or may censure a licensee, and may
impose a civil penalty as provided for in section 45.027, subdivision 6 , if the
commissioner finds that the order is in the public interest, and that the
applicant, licensee, or affiliate of an applicant or licensee, or other agent,
owner, partner, director, governor, shareholder, member, officer, qualifying
person, or managing employee of the applicant or licensee or any person
occupying a similar status or performing similar functions: <D] [A> IN ADDITION
TO THE GROUNDS SET FORTH IN SECTION 326B.082, SUBDIVISION 11, THE COMMISSIONER
MAY DENY, SUSPEND, LIMIT, PLACE CONDITIONS ON, OR REVOKE A LICENSE OR
CERTIFICATE OF EXEMPTION, OR MAY CENSURE THE PERSON HOLDING THE LICENSE OR
CERTIFICATE OF EXEMPTION, IF THE APPLICANT, LICENSEE, CERTIFICATE OF EXEMPTION
HOLDER, QUALIFYING PERSON, OR AFFILIATE OF AN APPLICANT, LICENSEE, OR
CERTIFICATE OF EXEMPTION HOLDER, OR OTHER AGENT OWNER HAS: <A] (1) has filed an
application for [D> a license <D] [A> LICENSURE OR A CERTIFICATE OF EXEMPTION
<A] which is incomplete in any material respect or contains any statement which,
in light of the circumstances under which it is made, is false or misleading
with respect to any material fact;

(2) has engaged in a fraudulent, deceptive, or dishonest practice;

(3) is permanently or temporarily enjoined by any court of competent
jurisdiction from engaging in or continuing any conduct or practice involving
any aspect of the business;

(4) has failed to reasonably supervise employees, agents, subcontractors, or
salespersons, or has performed negligently or in breach of contract, so as to
cause injury or harm to the public;

(5) has violated or failed to comply with any provision of sections 326.83 to
326.98 [D> or <D] [A> , <A] any rule or order under sections 326.83 to 326.98
[A> OR ANY OTHER LAW, RULE, OR ORDER RELATED TO THE DUTIES AND RESPONSIBILITIES
ENTRUSTED TO THE COMMISSIONER <A] ;

[D> (6) has been shown to be incompetent, untrustworthy, or financially
irresponsible; <D]

[D> (7) <D] [A> (6) <A] has been convicted of a violation of the State
Building Code or [D> , in jurisdictions that do not enforce the State Building
Code, <D] has refused to [A> COMPLY WITH A NOTICE OF VIOLATION OR STOP ORDER
ISSUED BY A CERTIFIED BUILDING OFFICIAL, OR IN LOCAL JURISDICTIONS THAT HAVE NOT
ADOPTED THE STATE BUILDING CODE HAS REFUSED TO <A] correct a violation of the
State Building Code when the violation has been [D> certified <D] [A> DOCUMENTED
OR A NOTICE OF VIOLATION OR STOP ORDER ISSUED <A] by a [D> Minnesota licensed
structural engineer <D] [A> CERTIFIED BUILDING OFFICIAL HAS BEEN RECEIVED <A] ;

[D> (8) <D] [A> (7) <A] has failed to use the proceeds of any payment made to
the licensee for the construction of, or any improvement to, residential real
estate, as defined in section 326.83, subdivision 17 , for the payment of labor,
skill, material, and machinery contributed to the construction or improvement,
knowing that the cost of any labor performed, or skill, material, or machinery
furnished for the improvement remains unpaid;

[D> (9) <D] [A> (8) <A] has not furnished to the person making payment either
a valid lien waiver as to any unpaid labor performed, or skill, material, or
machinery furnished for an improvement, or a payment bond in the basic amount of
the contract price for the improvement conditioned for the prompt payment to any
person or persons entitled to payment;

[D> (10) has engaged in conduct which was the basis for a contractor's
recovery fund payment pursuant to section 326.975 , which payment has not been
reimbursed; <D]

[A> (9) HAS ENGAGED IN AN ACT OR PRACTICE THAT RESULTS IN COMPENSATION TO AN
AGGRIEVED OWNER OR LESSEE FROM THE CONTRACTOR RECOVERY FUND PURSUANT TO SECTION
36B.825, UNLESS: <A]

[A> (I) THE APPLICANT OR LICENSEE HAS REPAID THE FUND TWICE THE AMOUNT PAID
FROM THE FUND, PLUS INTEREST AT THE RATE OF 12 PERCENT PER YEAR; AND <A]

[A> (II) THE APPLICANT OR LICENSEE HAS OBTAINED A SURETY BOND IN THE AMOUNT
OF AT LEAST $ 40,000, ISSUED BY AN INSURER AUTHORIZED TO TRANSACT BUSINESS IN
THIS STATE. <A]

[D> (11) <D] [A> (10) <A] has engaged in bad faith, unreasonable delays, or
frivolous claims in defense of a civil lawsuit [A> OR ARBITRATION <A] arising
out of their activities as a licensee [A> OR CERTIFICATE OF EXEMPTION HOLDER <A]
under this chapter;

[D> (12) <D] [A> (11) <A] has had a judgment entered against them for failure
to make payments to employees [D> or <D] [A> , <A] subcontractors, [A> OR
SUPPLIERS, THAT THE LICENSEE HAS FAILED TO SATISFY <A] and all appeals of the
judgment have been exhausted or the period for appeal has expired;

[D> (13) <D] [A> (12) <A] if unlicensed, has obtained a building permit by
the fraudulent use of a fictitious license number or the license number of
another, or, if licensed, has knowingly allowed an unlicensed person to use the
licensee's license number for the purpose of fraudulently obtaining a building
permit; or [A> HAS APPLIED FOR OR OBTAINED A BUILDING PERMIT FOR AN UNLICENSED
PERSON. <A]

[D> (14) <D] [A> (13) <A] has made use of [A> A <A] forged [D> mechanics' <D]
[A> MECHANIC'S <A] lien [D> waivers <D] [A> WAIVER <A] under chapter 514 [D> .
<D] [A> ; <A]

[A> (14) HAS PROVIDED FALSE, MISLEADING OR INCOMPLETE INFORMATION TO THE
COMMISSIONER OR HAS REFUSED TO ALLOW A REASONABLE INSPECTION OF RECORDS OR
PREMISES; <A]

[A> (15) HAS ENGAGED IN AN ACT OR PRACTICE WHETHER OR NOT THE ACT OR PRACTICE
DIRECTLY INVOLVES THE BUSINESS FOR WHICH THE PERSON IS LICENSED, THAT
DEMONSTRATES THAT THE APPLICANT OR LICENSEE IS UNTRUSTWORTHY, FINANCIALLY
IRRESPONSIBLE, OR OTHERWISE INCOMPETENT OR UNQUALIFIED TO ACT UNDER THE LICENSE
GRANTED BY THE COMMISSIONER; OR <A]

[A> (16) HAS FAILED TO COMPLY WITH REQUESTS FOR INFORMATION, DOCUMENTS, OR
OTHER REQUESTS FROM THE DEPARTMENT WITHIN THE TIME SPECIFIED IN THE REQUEST OR,
IF NO TIME IS SPECIFIED, WITHIN 30 DAYS OF THE MAILING OF THE REQUEST BY THE
DEPARTMENT. <A]

Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:

326.92 PENALTIES. [D> Subdivision 1. Misdemeanor. A person required to be
licensed under sections 326.83 to 326.991 who performs unlicensed work is guilty
of a misdemeanor. <D] Subd. 1a. Gross misdemeanor. [D> A person required to be
licensed under sections 326.84 to 326.991 who violates an order under
subdivision 3 <D] [A> AN INDIVIDUAL WHO VIOLATES AN ORDER OF THE COMMISSIONER OR
IS THE MANAGER, OFFICER, OR DIRECTOR OF A PERSON WHO VIOLATES AN ORDER ISSUED BY
THE COMMISSIONER <A] is guilty of a gross misdemeanor.

Subd. 2. Lien rights. An unlicensed person who knowingly violates sections
326.83 to 326.98 has no right to claim a lien under section 514.01 and the lien
is void. Nothing in this section affects the lien rights of material suppliers
and licensed contractors to the extent provided by law.

[D> Subd. 3. Commissioner action. The commissioner may bring actions,
including cease and desist actions, against any person licensed or required to
be licensed under sections 326.83 to 326.991 to protect the public health,
safety, and welfare. <D]

Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:

326.921 BUILDING PERMIT CONDITIONED ON LICENSURE [A> ; NOTICE OF PERMIT
APPLICATION <A] . [A> SUBDIVISION 1. BUILDING PERMIT. <A] A political
subdivision shall not issue a building permit to an unlicensed person who is
required to be licensed under sections 326.83 to [D> 326.991 <D] [A> 326.98 <A]
. A political subdivision that issues zoning or land use permits in lieu of a
building permit shall not issue those permits to an unlicensed person who is
required to be licensed under sections 326.83 to [D> 326.991 <D] [A> 326.98 <A]
. The political subdivision shall report the person applying for the permit to
the commissioner who may bring an action against the person.

[A> SUBD. 2. NOTICE OF BUILDING PERMIT APPLICATION. A POLITICAL SUBDIVISION
SHALL NOTIFY THE DEPARTMENT WHEN AN APPLICATION FOR BUILDING PERMIT INVOLVING
THE CONSTRUCTION OF NEW RESIDENTIAL REAL ESTATE HAS BEEN RECEIVED FROM AN
UNLICENSED PERSON BY SUBMITTING A COPY OF THE APPLICATION TO THE DEPARTMENT
WITHIN TWO BUSINESS DAYS OF RECEIPT OF THE APPLICATION. THE POLITICAL
SUBDIVISION MAY SUBMIT A COPY OF THE BUILDING PERMIT APPLICATION BY FACSIMILE,
UNITED STATES MAIL, OR ELECTRONIC COMMUNICATION. <A]

Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:

326.93 SERVICE OF PROCESS [D> ; NONRESIDENT LICENSING <D] . [D> Subdivision
1. License. A nonresident of Minnesota may be licensed as a residential building
contractor or residential remodeler upon compliance with all the provisions of
sections 326.83 to 326.991 . <D]

[D> Subd. 2. Service of process. Service of process upon a person performing
work in the state of a type that would require a license under sections 326.83
to 326.98 may be made as provided in section 45.028 . <D] [A> SUBD. 3.
PROCEDURE. EVERY APPLICANT FOR LICENSURE OR CERTIFICATE OF EXEMPTION UNDER
SECTIONS 326.83 TO 326.98 SHALL IRREVOCABLY CONSENT TO THE APPOINTMENT OF THE
COMMISSIONER AND SUCCESSORS IN OFFICE TO BE THE APPLICANT'S AGENT TO RECEIVE
SERVICE OF ANY LAWFUL PROCESS IN ANY NONCRIMINAL SUIT, ACTION, OR PROCEEDING
AGAINST THE APPLICANT OR A SUCCESSOR, EXECUTOR, OR ADMINISTRATOR WHICH ARISES
UNDER SECTION 326.83 TO 326.98 OR ANY RULE OR ORDER THEREUNDER AFTER THE CONSENT
HAS BEEN FILED, WITH THE SAME FORCE AND VALIDITY AS IF SERVED PERSONALLY ON THE
PERSON FILING THE CONSENT. SERVICE UNDER THIS SECTION SHALL BE MADE IN
COMPLIANCE WITH SUBDIVISION 5. <A]

[A> SUBD. 4. SERVICE ON COMMISSIONER. <A]

[A> (A) WHEN A PERSON, INCLUDING ANY NONRESIDENT OF THIS STATE, ENGAGES IN
CONDUCT PROHIBITED OR MADE ACTIONABLE BY SECTIONS 326.83 TO 326.98, OR ANY RULE
OR ORDER UNDER THOSE SECTIONS, AND THE PERSON HAS NOT CONSENTED TO SERVICE OF
PROCESS UNDER SUBDIVISION 3, THAT CONDUCT IS EQUIVALENT TO AN APPOINTMENT OF THE
COMMISSIONER AND SUCCESSORS IN OFFICE AS THE PERSON'S AGENT TO RECEIVE SERVICE
OF PROCESS IN ANY NONCRIMINAL SUIT, ACTION, OR PROCEEDING AGAINST THE PERSON
THAT IS BASED ON THAT CONDUCT AND IS BROUGHT UNDER SECTIONS 326.83 TO 326.98, OR
ANY RULE OR ORDER UNDER THOSE SECTIONS, WITH THE SAME FORCE AND VALIDITY AS IF
SERVED PERSONALLY ON THE PERSON CONSENTING TO THE APPOINTMENT OF THE
COMMISSIONER AND SUCCESSORS IN OFFICE. SERVICE UNDER THIS SECTION SHALL BE MADE
IN COMPLIANCE WITH SUBDIVISION 5. <A]

[A> (B) SUBDIVISION 5 APPLIES IN ALL OTHER CASES IN WHICH A PERSON, INCLUDING
A NONRESIDENT OF THIS STATE, HAS FILED A CONSENT TO SERVICE OF PROCESS. THIS
PARAGRAPH SUPERSEDES ANY INCONSISTENT PROVISION OF LAW. <A]

[A> (C) SUBDIVISION 5 APPLIES IN ALL CASES IN WHICH SERVICE OF PROCESS IS
ALLOWED TO BE MADE ON THE COMMISSIONER. <A]

[A> (D) SUBDIVISION 5 APPLIES TO ANY DOCUMENT SERVED BY THE COMMISSIONER OR
THE DEPARTMENT UNDER SECTION 326B.08. <A]

[A> SUBD. 5. HOW MADE. SERVICE OF PROCESS UNDER THIS SECTION MAY BE MADE BY
LEAVING A COPY OF THE PROCESS IN THE OFFICE OF THE COMMISSIONER, OR BY SENDING A
COPY OF THE PROCESS TO THE COMMISSIONER BY CERTIFIED MAIL, AND IS NOT EFFECTIVE
UNLESS: <A]

[A> (1) THE PLAINTIFF, WHO MAY BE THE COMMISSIONER IN AN ACTION OR PROCEEDING
INSTITUTED BY THE COMMISSIONER, SENDS NOTICE OF THE SERVICE AND A COPY OF THE
PROCESS BY CERTIFIED MAIL TO THE DEFENDANT OR RESPONDENT AT THE LAST KNOWN
ADDRESS; AND <A]

[A> (2) THE PLAINTIFF'S AFFIDAVIT OF COMPLIANCE IS FILED IN THE ACTION OR
PROCEEDING ON OR BEFORE THE RETURN DAY OF THE PROCESS, IF ANY, OR WITHIN FURTHER
TIME AS THE COURT ALLOWS. <A]

Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:

326.94 BOND; INSURANCE.

Subdivision 1. Bond.

(a) Licensed manufactured home installers and licensed [A> RESIDENTIAL <A]
roofers must post a [D> license <D] [A> SURETY <A] bond [A> IN THE NAME OF THE
LICENSEE <A] with the commissioner, conditioned that the applicant shall
faithfully perform the duties and in all things comply with all laws,
ordinances, and rules pertaining to the license or permit applied for and all
contracts entered into. The annual bond must be continuous and maintained for so
long as the licensee remains licensed. The aggregate liability of the surety on
the bond to any and all persons, regardless of the number of claims made against
the bond, may not exceed the amount of the bond. The bond may be canceled as to
future liability by the surety upon 30 days' written notice mailed to the
commissioner by regular mail.

(b) A licensed [A> RESIDENTIAL <A] roofer must post a bond of at least [D> $
5,000 <D] [A> $ 15,000 <A] .

[A> (C) A LICENSED MANUFACTURED HOME INSTALLER MUST POST A BOND OF AT LEAST $
2,500. BONDS ISSUED UNDER SECTIONS 326.83 TO 326.98 ARE NOT STATE BONDS OR
CONTRACTS FOR PURPOSES OF SECTIONS 8.05 AND 16C.05, SUBDIVISION 2. <A]

Subd. 2. Insurance. Licensees must have public liability insurance with
limits of at least [D> $ 100,000 <D] [A> $ 300,000 <A] per occurrence, which
must include at least $ 10,000 property damage coverage. The insurance must be
written by an insurer licensed to do business in this state. The commissioner
may increase the minimum amount of insurance required for any licensee or class
of licensees if the commissioner considers it to be in the public interest and
necessary to protect the interests of Minnesota consumers.

Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended
to read:

Subd. 2. Advertising. The license number of a licensee must appear in any
advertising by that licensee including but not limited to signs, vehicles,
business cards, published display ads, flyers, [D> and <D] brochures [A> , WEB
SITES, AND INTERNET ADS <A] .

Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:

326.96 PUBLIC EDUCATION. The commissioner may develop materials and programs
to educate the public concerning [D> licensing <D] [A> LICENSURE <A]
requirements [D> and methods <D] [A> . THE COMMISSIONER MAY DEVELOP MATERIALS
<A] for reporting unlicensed contracting activity. [A> THE COMMISSIONER SHALL
PROVIDE INFORMATION IN OTHER LANGUAGES. <A]

Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:

326.97 LICENSE RENEWAL.

Subdivision 1. Renewal. [D> Licensees <D] [A> A LICENSEE <A] whose [D>
applications have <D] [A> FULLY COMPLETED RENEWAL APPLICATION HAS <A] been
properly and timely filed and who [D> have <D] [A> HAS <A] not received [A> A
<A] notice of denial of renewal [D> are <D] [A> IS <A] considered to have been
approved for renewal and may continue to transact business whether or not the
renewed license has been received. Applications are timely if received [D> or
postmarked <D] by March 1 of the renewal year. Applications must be made on a
form approved by the commissioner. [A> AN APPLICATION FOR RENEWAL THAT DOES NOT
CONTAIN ALL OF THE INFORMATION REQUESTED IS AN INCOMPLETE APPLICATION AND WILL
NOT BE PROCESSED. <A]

Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
must be renewed annually.

Subd. 2. Failure to [D> apply <D] [A> RENEW <A] . A person who has failed to
make a timely application for renewal of a license [D> by March 31 of the
renewal year <D] is unlicensed [A> AT 11:59:59 P.M. CENTRAL TIME ON MARCH 31 OF
THE RENEWAL YEAR AND REMAINS UNLICENSED <A] until [D> the <D] [A> A RENEWED <A]
license has been issued by the commissioner and is received by the applicant.

[A> SUBD. 3. EXPIRATION. ALL LICENSES EXPIRE AT 11:59:59 P.M. CENTRAL TIME ON
MARCH 31 OF THE RENEWAL YEAR IF NOT PROPERLY RENEWED. <A]

Sec. 24. [A> (326B.801) SCOPE. EXCEPT AS OTHERWISE PROVIDED BY LAW, THE
PROVISIONS OF SECTIONS 326B.801 TO 326B.825 APPLY TO RESIDENTIAL CONTRACTORS,
RESIDENTIAL REMODELERS, RESIDENTIAL ROOFERS, AND MANUFACTURED HOME INSTALLERS.
<A]

Sec. 25. [A> (326B.809) WRITTEN CONTRACT REQUIRED. <A]

[A> (A) ALL AGREEMENTS INCLUDING PROPOSALS, ESTIMATES, BIDS, QUOTATIONS,
CONTRACTS, PURCHASE ORDERS, AND CHANGE ORDERS BETWEEN A LICENSEE AND A CUSTOMER
FOR THE PERFORMANCE OF A LICENSEE'S SERVICES MUST BE IN WRITING AND MUST CONTAIN
THE FOLLOWING: <A]

[A> (1) A DETAILED SUMMARY OF THE SERVICES TO BE PERFORMED; <A]

[A> (2) A DESCRIPTION OF THE SPECIFIC MATERIALS TO BE USED OR A LIST OF
STANDARD FEATURES TO BE INCLUDED; AND <A]

[A> (3) THE TOTAL CONTRACT PRICE OR A DESCRIPTION OF THE BASIS ON WHICH THE
PRICE WILL BE CALCULATED. <A]

[A> (B) ALL AGREEMENTS SHALL BE SIGNED AND DATED BY THE LICENSEE AND
CUSTOMER. <A]

[A> (C) THE LICENSEE SHALL PROVIDE TO THE CUSTOMER, AT NO CHARGE, A SIGNED
AND DATED DOCUMENT AT THE TIME THAT THE LICENSEE AND CUSTOMER SIGN AND DATE THE
DOCUMENT. DOCUMENTS INCLUDE AGREEMENTS AND MECHANIC'S LIEN WAIVERS. <A]

Sec. 26. [A> (326B.814) REHABILITATION OF CRIMINAL OFFENDERS. CHAPTER 364
DOES NOT APPLY TO AN APPLICANT FOR A LICENSE OR TO A LICENSEE WHERE THE
UNDERLYING CONDUCT ON WHICH THE CONVICTION IS BASED WOULD BE GROUNDS FOR DENIAL,
CENSURE, SUSPENSION, OR REVOCATION OF THE LICENSE. <A]

Sec. 27. [A> (326B.82) DEFINITIONS. <A]

[A> SUBDIVISION 1. WORDS, TERMS, AND PHRASES. FOR THE PURPOSES OF SECTION
326.87, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN THEM, UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE. <A]

[A> SUBD. 2. APPROPRIATE AND RELATED KNOWLEDGE. "APPROPRIATE AND RELATED
KNOWLEDGE" MEANS FACTS, INFORMATION, OR PRINCIPLES THAT ARE CLEARLY RELEVANT TO
THE LICENSEE IN PERFORMING RESPONSIBILITIES UNDER A LICENSE ISSUED BY THE
COMMISSIONER. THESE FACTS, INFORMATION, OR PRINCIPLES MUST CONVEY SUBSTANTIVE
AND PROCEDURAL KNOWLEDGE AS IT RELATES TO POSTLICENSING ISSUES AND MUST BE
RELEVANT TO THE TECHNICAL ASPECTS OF A PARTICULAR AREA OF CONTINUING EDUCATION.
<A]

[A> SUBD. 3. CLASSROOM HOUR. "CLASSROOM HOUR" MEANS A 50-MINUTE HOUR. <A]

[A> SUBD. 4. COORDINATOR. "COORDINATOR" MEANS AN INDIVIDUAL WHO IS
RESPONSIBLE FOR MONITORING APPROVED EDUCATIONAL OFFERINGS. <A]

[A> SUBD. 5. INSTRUCTOR. "INSTRUCTOR" MEANS AN INDIVIDUAL LECTURING IN AN
APPROVED EDUCATIONAL OFFERING. <A]

[A> SUBD. 6. LICENSEE. "LICENSEE" MEANS A PERSON LICENSED BY THE MINNESOTA
DEPARTMENT OF LABOR AND INDUSTRY FOR WHOM AN EXAMINATION IS REQUIRED BEFORE
LICENSURE. <A]

[A> SUBD. 7. MEDICAL HARDSHIP. "MEDICAL HARDSHIP" INCLUDES A DOCUMENTED
PHYSICAL DISABILITY OR MEDICAL CONDITION. <A]

[A> SUBD. 8. OVERPAYMENT. "OVERPAYMENT" MEANS ANY PAYMENT OF MONEY IN EXCESS
OF A STATUTORY FEE. <A]

[A> SUBD. 9. REGULATED INDUSTRIES. "REGULATED INDUSTRIES" MEANS RESIDENTIAL
CONTRACTING, RESIDENTIAL REMODELING, OR RESIDENTIAL ROOFING. EACH OF THESE IS A
REGULATED INDUSTRY. <A]

[A> SUBD. 10. SPONSOR. "SPONSOR" MEANS ANY PERSON OR ENTITY OFFERING OR
PROVIDING APPROVED CONTINUING EDUCATION. <A]

Sec. 28. [A> (326B.89) CONTRACTOR RECOVERY FUND. <A]

[A> SUBDIVISION 1. DEFINITIONS. <A]

[A> (A) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE
MEANINGS GIVEN THEM. <A]

[A> (B) "GROSS ANNUAL RECEIPTS" MEANS THE TOTAL AMOUNT DERIVED FROM
RESIDENTIAL CONTRACTING OR RESIDENTIAL REMODELING ACTIVITIES, REGARDLESS OF
WHERE THE ACTIVITIES ARE PERFORMED, AND MUST NOT BE REDUCED BY COSTS OF GOODS
SOLD, EXPENSES, LOSSES, OR ANY OTHER AMOUNT. <A]

[A> (C) "LICENSEE" MEANS A PERSON LICENSED AS A RESIDENTIAL CONTRACTOR OR
RESIDENTIAL REMODELER. <A]

[A> (D) "RESIDENTIAL REAL ESTATE" MEANS A NEW OR EXISTING BUILDING
CONSTRUCTED FOR HABITATION BY ONE TO FOUR FAMILIES, AND INCLUDES DETACHED
GARAGES. <A]

[A> (E) "FUND" MEANS THE CONTRACTOR RECOVERY FUND. <A]

[A> SUBD. 2. GENERALLY. THE CONTRACTOR RECOVERY FUND IS CREATED IN THE STATE
TREASURY AND SHALL BE ADMINISTERED BY THE COMMISSIONER FOR THE PURPOSES
DESCRIBED IN THIS SECTION. ANY INTEREST OR PROFIT ACCRUING FROM INVESTMENT OF
MONEY IN THE FUND SHALL BE CREDITED TO THE CONTRACTOR RECOVERY FUND. <A]

[A> SUBD. 3. FUND FEES. IN ADDITION TO ANY OTHER FEES, A PERSON WHO APPLIES
FOR OR RENEWS A LICENSE UNDER SECTIONS 326.83 TO 326.98 SHALL PAY A FEE TO THE
FUND. THE PERSON SHALL PAY, IN ADDITION TO THE APPROPRIATE APPLICATION OR
RENEWAL FEE, THE FOLLOWING ADDITIONAL FEE THAT SHALL BE DEPOSITED IN THE FUND.
THE AMOUNT OF THE FEE SHALL BE BASED ON THE PERSON'S GROSS ANNUAL RECEIPTS FOR
THE PERSON'S MOST RECENT FISCAL YEAR PRECEDING THE APPLICATION OR RENEWAL, ON
THE FOLLOWING SCALE: <A]

[A> FEE GROSS ANNUAL RECEIPTS <A]

[A> $ 160 UNDER $ 1,000,000 <A]

[A> $ 210 $ 1,000,000 TO $ 5,000,000 <A]

[A> $ 260 OVER $ 5,000,000 <A]

[A> SUBD. 4. PURPOSE OF FUND. THE PURPOSE OF THIS FUND IS TO: <A]

[A> (1) COMPENSATE OWNERS OR LESSEES OF RESIDENTIAL REAL ESTATE WHO MEET THE
REQUIREMENTS OF THIS SECTION; <A]

[A> (2) REIMBURSE THE DEPARTMENT FOR ALL LEGAL AND ADMINISTRATIVE EXPENSES,
DISBURSEMENTS, AND COSTS, INCLUDING STAFFING COSTS, INCURRED IN ADMINISTERING
AND DEFENDING THE FUND; <A]

[A> (3) PAY FOR EDUCATIONAL OR RESEARCH PROJECTS IN THE FIELD OF RESIDENTIAL
CONTRACTING TO FURTHER THE PURPOSES OF SECTIONS 326B.801 TO 326B.825; AND <A]

[A> (4) PROVIDE INFORMATION TO THE PUBLIC ON RESIDENTIAL CONTRACTING ISSUES.
<A]

[A> SUBD. 5. PAYMENT LIMITATIONS. EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, THE COMMISSIONER SHALL NOT PAY COMPENSATION FROM THE FUND TO AN OWNER
OR A LESSEE IN AN AMOUNT GREATER THAN $ 75,000. EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, THE COMMISSIONER SHALL NOT PAY COMPENSATION FROM THE FUND TO
OWNERS AND LESSEES IN AN AMOUNT THAT TOTALS MORE THAN $ 150,000 PER LICENSEE.
THE COMMISSIONER SHALL NOT PAY COMPENSATION FROM THE FUND FOR A FINAL JUDGMENT
BASED ON A CAUSE OF ACTION THAT AROSE BEFORE THE COMMISSIONER'S RECEIPT OF THE
LICENSEE'S FEE REQUIRED BY SUBDIVISION 3. <A]

[A> SUBD. 6. VERIFIED APPLICATION. TO BE ELIGIBLE FOR COMPENSATION FROM THE
FUND, AN OWNER OR LESSEE SHALL SERVE ON THE COMMISSIONER A VERIFIED APPLICATION
FOR COMPENSATION ON A FORM APPROVED BY THE COMMISSIONER. THE APPLICATION SHALL
VERIFY THE FOLLOWING INFORMATION: <A]

[A> (1) THE SPECIFIC GROUNDS UPON WHICH THE OWNER OR LESSEE SEEKS TO RECOVER
FROM THE FUND: <A]

[A> (2) THAT THE OWNER OR THE LESSEE HAS OBTAINED A FINAL JUDGMENT IN A COURT
OF COMPETENT JURISDICTION AGAINST A LICENSEE LICENSED UNDER SECTION 326B.803;
<A]

[A> (3) THAT THE FINAL JUDGMENT WAS OBTAINED AGAINST THE LICENSEE ON THE
GROUNDS OF FRAUDULENT, DECEPTIVE, OR DISHONEST PRACTICES, CONVERSION OF FUNDS,
OR FAILURE OF PERFORMANCE THAT AROSE DIRECTLY OUT OF A TRANSACTION THAT OCCURRED
WHEN THE LICENSEE WAS LICENSED AND PERFORMING ANY OF THE SPECIAL SKILLS
ENUMERATED UNDER SECTION 326B.802, SUBDIVISION 19; <A]

[A> (4) THE AMOUNT OF THE OWNER'S OR THE LESSEE'S ACTUAL AND DIRECT
OUT-OF-POCKET LOSS ON THE OWNER'S RESIDENTIAL REAL ESTATE, ON RESIDENTIAL REAL
ESTATE LEASED BY THE LESSEE, OR ON NEW RESIDENTIAL REAL ESTATE THAT HAS NEVER
BEEN OCCUPIED OR THAT WAS OCCUPIED BY THE LICENSEE FOR LESS THAN ONE YEAR PRIOR
TO PURCHASE BY THE OWNER; <A]

[A> (5) THAT THE RESIDENTIAL REAL ESTATE IS LOCATED IN MINNESOTA; <A]

[A> (6) THAT THE OWNER OR THE LESSEE IS NOT THE SPOUSE OF THE LICENSEE OR THE
PERSONAL REPRESENTATIVE OF THE LICENSEE; <A]

[A> (7) THE AMOUNT OF THE FINAL JUDGMENT, ANY AMOUNT PAID IN SATISFACTION OF
THE FINAL JUDGMENT, AND THE AMOUNT OWING ON THE FINAL JUDGMENT AS OF THE DATE OF
THE VERIFIED APPLICATION; AND <A]

[A> (8) THAT THE VERIFIED APPLICATION IS BEING SERVED WITHIN TWO YEARS AFTER
THE JUDGMENT BECAME FINAL. THE OWNER'S AND THE LESSEE'S ACTUAL AND DIRECT
OUT-OF-POCKET LOSS SHALL NOT INCLUDE ATTORNEY FEES, INTEREST ON THE LOSS, AND
INTEREST ON THE FINAL JUDGMENT OBTAINED AS A RESULT OF THE LOSS. AN OWNER OR
LESSEE MAY SERVE A VERIFIED APPLICATION REGARDLESS OF WHETHER THE FINAL JUDGMENT
HAS BEEN DISCHARGED BY A BANKRUPTCY COURT. A JUDGMENT ISSUED BY A COURT IS FINAL
IF ALL PROCEEDINGS ON THE JUDGMENT HAVE EITHER BEEN PURSUED AND CONCLUDED OR
BEEN FORGONE, INCLUDING ALL REVIEWS AND APPEALS. FOR PURPOSES OF THIS SECTION,
OWNERS WHO ARE JOINT TENANTS OR TENANTS IN COMMON ARE DEEMED TO BE A SINGLE
OWNER. FOR PURPOSES OF THIS SECTION, OWNERS AND LESSEES ELIGIBLE FOR PAYMENT OF
COMPENSATION FROM THE FUND SHALL NOT INCLUDE GOVERNMENT AGENCIES, POLITICAL
SUBDIVISIONS, FINANCIAL INSTITUTIONS, AND ANY OTHER ENTITY THAT PURCHASES,
GUARANTEES, OR INSURES A LOAN SECURED BY REAL ESTATE. <A]

[A> SUBD. 7. COMMISSIONER REVIEW. THE COMMISSIONER SHALL WITHIN 120 DAYS
AFTER RECEIPT OF THE VERIFIED APPLICATION: <A]

[A> (1) ENTER INTO AN AGREEMENT WITH AN OWNER OR A LESSEE THAT RESOLVES THE
VERIFIED APPLICATION FOR COMPENSATION FROM THE FUND; OR <A]

[A> (2) ISSUE AN ORDER TO THE OWNER OR THE LESSEE ACCEPTING, MODIFYING, OR
DENYING THE VERIFIED APPLICATION FOR COMPENSATION FROM THE FUND. UPON RECEIPT OF
AN ORDER ISSUED UNDER CLAUSE (2), THE OWNER OR THE LESSEE SHALL HAVE 30 DAYS TO
SERVE UPON THE COMMISSIONER A WRITTEN REQUEST FOR A HEARING. IF THE OWNER OR THE
LESSEE DOES NOT SERVE UPON THE COMMISSIONER A TIMELY WRITTEN REQUEST FOR
HEARING, THE ORDER ISSUED UNDER CLAUSE (2) SHALL BECOME A FINAL ORDER OF THE
COMMISSIONER THAT MAY NOT BE REVIEWED BY ANY COURT OR AGENCY. THE COMMISSIONER
SHALL ORDER COMPENSATION FROM THE FUND ONLY IF THE OWNER OR THE LESSEE HAS FILED
A VERIFIED APPLICATION THAT COMPLIES WITH SUBDIVISION 6 AND IF THE COMMISSIONER
DETERMINES BASED ON REVIEW OF THE APPLICATION THAT COMPENSATION SHOULD BE PAID
FROM THE FUND. THE COMMISSIONER SHALL NOT BE BOUND BY ANY PRIOR SETTLEMENT,
COMPROMISE, OR STIPULATION BETWEEN THE OWNER OR THE LESSEE AND THE LICENSEE. <A]

[A> SUBD. 8. ADMINISTRATIVE HEARING. IF AN OWNER OR A LESSEE TIMELY SERVES A
REQUEST FOR HEARING UNDER SUBDIVISION 7, THE COMMISSIONER SHALL REQUEST THAT AN
ADMINISTRATIVE LAW JUDGE BE ASSIGNED AND THAT A HEARING BE CONDUCTED UNDER THE
CONTESTED CASE PROVISIONS OF CHAPTER 14 WITHIN 30 DAYS AFTER THE SERVICE OF THE
REQUEST FOR HEARING UPON THE COMMISSIONER. UPON PETITION OF THE COMMISSIONER,
THE ADMINISTRATIVE LAW JUDGE SHALL CONTINUE THE HEARING UP TO 60 DAYS AND UPON A
SHOWING OF GOOD CAUSE MAY CONTINUE THE HEARING FOR SUCH ADDITIONAL PERIOD AS THE
ADMINISTRATIVE LAW JUDGE DEEMS APPROPRIATE. AT THE HEARING THE OWNER OR THE
LESSEE SHALL HAVE THE BURDEN OF PROVING BY SUBSTANTIAL EVIDENCE UNDER
SUBDIVISION 6, CLAUSES (1) TO (8). THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER. IF THE ADMINISTRATIVE LAW JUDGE
FINDS THAT COMPENSATION SHOULD BE PAID TO THE OWNER OR THE LESSEE, THE
ADMINISTRATIVE LAW JUDGE SHALL ORDER THE COMMISSIONER TO MAKE PAYMENT FROM THE
FUND OF THE AMOUNT IT FINDS TO BE PAYABLE PURSUANT TO THE PROVISIONS OF AND IN
ACCORDANCE WITH THE LIMITATIONS CONTAINED IN THIS SECTION. THE ORDER OF THE
ADMINISTRATIVE LAW JUDGE SHALL CONSTITUTE THE FINAL DECISION OF THE AGENCY IN
THE CONTESTED CASE. JUDICIAL REVIEW OF THE ADMINISTRATIVE LAW JUDGE'S FINDINGS
OF FACT, CONCLUSIONS OF LAW, AND ORDER SHALL BE IN ACCORDANCE WITH SECTIONS
14.63 TO 14.69. <A]

[A> SUBD. 9. SATISFACTION OF APPLICATIONS FOR COMPENSATION. THE COMMISSIONER
SHALL PAY COMPENSATION FROM THE FUND TO AN OWNER OR A LESSEE PURSUANT TO THE
TERMS OF AN AGREEMENT THAT HAS BEEN ENTERED INTO UNDER SUBDIVISION 7, CLAUSE
(1), OR PURSUANT TO A FINAL ORDER THAT HAS BEEN ISSUED UNDER SUBDIVISION 7,
CLAUSE (2), OR SUBDIVISION 8 BY DECEMBER 1 OF THE FISCAL YEAR FOLLOWING THE
FISCAL YEAR DURING WHICH THE AGREEMENT WAS ENTERED INTO OR DURING WHICH THE
ORDER BECAME FINAL, SUBJECT TO THE LIMITATIONS OF THIS SECTION. AT THE END OF
EACH FISCAL YEAR THE COMMISSIONER SHALL CALCULATE THE AMOUNT OF COMPENSATION TO
BE PAID FROM THE FUND PURSUANT TO AGREEMENTS THAT HAVE BEEN ENTERED INTO UNDER
SUBDIVISION 7, CLAUSE (1), AND FINAL ORDERS THAT HAVE BEEN ISSUED UNDER
SUBDIVISION 7, CLAUSE (2), OR SUBDIVISION 8. IF THE CALCULATED AMOUNT EXCEEDS
THE AMOUNT AVAILABLE FOR PAYMENT, THEN THE COMMISSIONER SHALL ALLOCATE THE
AMOUNT AVAILABLE AMONG THE OWNERS AND THE LESSEES IN THE RATIO THAT THE AMOUNT
AGREED TO OR ORDERED TO BE PAID TO EACH OWNER OR LESSEE BEARS TO THE AMOUNT
CALCULATED. THE COMMISSIONER SHALL MAIL NOTICE OF THE ALLOCATION TO ALL OWNERS
AND LESSEES NOT LESS THAN 45 DAYS FOLLOWING THE END OF THE FISCAL YEAR. ANY
COMPENSATION PAID BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION SHALL
BE DEEMED TO SATISFY AND EXTINGUISH ANY RIGHT TO COMPENSATION FROM THE FUND
BASED UPON THE VERIFIED APPLICATION OF THE OWNER OR LESSEE. <A]

[A> SUBD. 10. RIGHT OF SUBROGATION. IF THE COMMISSIONER PAYS COMPENSATION
FROM THE FUND TO AN OWNER OR A LESSEE PURSUANT TO AN AGREEMENT UNDER SUBDIVISION
7, CLAUSE (1), OR A FINAL ORDER ISSUED UNDER SUBDIVISION 7, CLAUSE (2), OR
SUBDIVISION 8, THEN THE COMMISSIONER SHALL BE SUBROGATED TO ALL OF THE RIGHTS,
TITLE, AND INTEREST IN THE OWNER'S OR LESSEE'S FINAL JUDGMENT IN THE AMOUNT OF
COMPENSATION PAID FROM THE FUND AND THE OWNER OR THE LESSEE SHALL ASSIGN TO THE
COMMISSIONER ALL RIGHTS, TITLE, AND INTEREST IN THE FINAL JUDGMENT IN THE AMOUNT
OF COMPENSATION PAID. THE COMMISSIONER SHALL DEPOSIT IN THE FUND MONEY RECOVERED
UNDER THIS SUBDIVISION. <A]

[A> SUBD. 11. EFFECT OF SECTION ON COMMISSIONER'S AUTHORITY. NOTHING
CONTAINED IN THIS SECTION SHALL LIMIT THE AUTHORITY OF THE COMMISSIONER TO TAKE
DISCIPLINARY ACTION AGAINST A LICENSEE UNDER THE PROVISIONS OF THIS CHAPTER. A
LICENSEE'S REPAYMENT IN FULL OF OBLIGATIONS TO THE FUND SHALL NOT NULLIFY OR
MODIFY THE EFFECT OF ANY OTHER DISCIPLINARY PROCEEDING BROUGHT UNDER THE
PROVISIONS OF THIS CHAPTER. <A]

[A> SUBD. 12. LIMITATION. NOTHING MAY OBLIGATE THE FUND TO COMPENSATE: <A]

[A> (1) INSURERS OR SURETIES UNDER SUBROGATION OR SIMILAR THEORIES; OR <A]

[A> (2) OWNER OF RESIDENTIAL PROPERTY FOR FINAL JUDGMENTS AGAINST A PRIOR
OWNER OF THE RESIDENTIAL PROPERTY UNLESS THE CLAIM IS BROUGHT AND JUDGMENT IS
RENDERED FOR BREACH OF THE STATUTORY WARRANTY SET FORTH IN CHAPTER 327A. <A]

[A> SUBD. 13. CONDOMINIUMS OR TOWNHOUSES. FOR PURPOSES OF THIS SECTION, THE
OWNER OR THE LESSEE OF A CONDOMINIUM OR TOWNHOUSE IS CONSIDERED AN OWNER OR A
LESSEE OF RESIDENTIAL PROPERTY REGARDLESS OF THE NUMBER OF RESIDENTIAL UNITS PER
BUILDING. <A]

[A> SUBD. 14. ACCELERATED COMPENSATION. PAYMENTS MADE FROM THE FUND TO
COMPENSATE OWNERS AND LESSEES THAT DO NOT EXCEED THE JURISDICTION LIMITS FOR
CONCILIATION COURT MATTERS AS SPECIFIED IN SECTION 491A.01 MAY BE PAID ON AN
ACCELERATED BASIS IF ALL OF THE FOLLOWING REQUIREMENTS HAVE BEEN SATISFIED: <A]

[A> (A) THE OWNER OR THE LESSEE HAS SERVED UPON THE COMMISSIONER A VERIFIED
APPLICATION FOR COMPENSATION THAT COMPLIES WITH THE REQUIREMENTS SET OUT IN
SUBDIVISION 6 AND THE COMMISSIONER DETERMINES BASED ON REVIEW OF THE APPLICATION
THAT COMPENSATION SHOULD BE PAID FROM THE FUND. THE COMMISSIONER SHALL CALCULATE
THE ACTUAL AND DIRECT OUT-OF-POCKET LOSS IN THE TRANSACTION, MINUS ATTORNEY
FEES, INTEREST ON THE LOSS AND ON THE JUDGMENT OBTAINED AS A RESULT OF THE LOSS,
AND ANY SATISFACTION OF THE JUDGMENT, AND MAKE PAYMENT TO THE OWNER OR THE
LESSEE UP TO THE CONCILIATION COURT JURISDICTION LIMITS WITHIN 15 DAYS AFTER THE
OWNER OR LESSEE SERVES THE VERIFIED APPLICATION. <A]

[A> (B) THE COMMISSIONER MAY PAY COMPENSATION TO OWNERS OR LESSEES THAT
TOTALS NOT MORE THAN $ 50,000 PER LICENSEE PER FISCAL YEAR UNDER THIS
ACCELERATED PROCESS. THE COMMISSIONER MAY PRORATE THE AMOUNT OF COMPENSATION
PAID TO OWNERS OR LESSEES UNDER THIS SUBDIVISION IF APPLICATIONS SUBMITTED BY
OWNERS AND LESSEES SEEK COMPENSATION IN EXCESS OF $ 50,000 AGAINST A LICENSEE.
ANY UNPAID PORTION OF A VERIFIED APPLICATION THAT HAS BEEN PRORATED UNDER THIS
SUBDIVISION SHALL BE SATISFIED IN THE MANNER SET FORTH IN SUBDIVISION 9. <A]

[A> SUBD. 15. APPROPRIATION. MONEY IN THE FUND IS APPROPRIATED TO THE
COMMISSIONER FOR THE PURPOSES OF THIS SECTION. <A]

[A> SUBD. 16. ADDITIONAL ASSESSMENT. IF THE BALANCE IN THE FUND IS AT ANY
TIME LESS THAN THE COMMISSIONER DETERMINES IS NECESSARY TO CARRY OUT THE
PURPOSES OF THIS SECTION, EVERY LICENSEE, WHEN RENEWING A LICENSE, SHALL PAY, IN
ADDITION TO THE ANNUAL RENEWAL FEE AND THE FEE SET FORTH IN SUBDIVISION 3 AN
ASSESSMENT NOT TO EXCEED $ 100. THE COMMISSIONER SHALL SET THE AMOUNT OF
ASSESSMENT BASED ON A REASONABLE DETERMINATION OF THE AMOUNT THAT IS NECESSARY
TO RESTORE A BALANCE IN THE FUND ADEQUATE TO CARRY OUT THE PURPOSES OF THIS
SECTION. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE DECEMBER 1, 2007, EXCEPT THAT
SUBDIVISIONS 1, 3, AND 15 ARE EFFECTIVE JULY 1, 2007. <A]

Sec. 29. Minnesota Statutes 2006, section 541.051, is amended to read:

541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES OR CONSTRUCTION TO
IMPROVE REAL PROPERTY.

Subdivision 1. Limitation; service or construction of real property;
improvements.

(a) Except where fraud is involved, no action by any person in contract,
tort, or otherwise to recover damages for any injury to property, real or
personal, or for bodily injury or wrongful death, arising out of the defective
and unsafe condition of an improvement to real property, [D> nor any action for
contribution or indemnity for damages sustained on account of the injury, <D]
shall be brought against any person performing or furnishing the design,
planning, supervision, materials, or observation of construction or construction
of the improvement to real property or against the owner of the real property
more than two years after discovery of the injury [D> or, in the case of an
action for contribution or indemnity, accrual of the cause of action <D] , nor
[D> , <D] in any event shall such a cause of action accrue more than ten years
after substantial completion of the construction. Date of substantial completion
shall be determined by the date when construction is sufficiently completed so
that the owner or the owner's representative can occupy or use the improvement
for the intended purpose.

[A> (B) NOTWITHSTANDING PARAGRAPH (A), AN ACTION FOR CONTRIBUTION OR
INDEMNITY ARISING OUT OF THE DEFECTIVE AND UNSAFE CONDITION OF AN IMPROVEMENT TO
REAL PROPERTY MAY BE BROUGHT NO LATER THAN TWO YEARS AFTER THE CAUSE OF ACTION
FOR CONTRIBUTION OR INDEMNITY HAS ACCRUED, REGARDLESS OF WHETHER IT ACCRUED
BEFORE OR AFTER THE TEN-YEAR PERIOD REFERENCED IN PARAGRAPH (A). <A]

[D> (b) <D] [A> (C) <A] For purposes of paragraph (a), a cause of action
accrues upon discovery of the injury [D> or <D] , [A> PROVIDED THAT <A] in the
case of an action for contribution or indemnity [A> UNDER PARAGRAPH (B) <A] ,
[D> upon <D] [A> A CAUSE OF ACTION ACCRUES UPON THE EARLIER OF COMMENCEMENT OF
THE ACTION AGAINST THE PARTY SEEKING CONTRIBUTION OR INDEMNITY, OR <A] payment
of a final judgment, arbitration award, or settlement arising out of the
defective and unsafe condition.

[D> (c) <D] [A> (D) <A] Nothing in this section shall apply to actions for
damages resulting from negligence in the maintenance, operation or inspection of
the real property improvement against the owner or other person in possession.

[D> (d) <D] [A> (E) <A] The limitations prescribed in this section do not
apply to the manufacturer or supplier of any equipment or machinery installed
upon real property.

Subd. 2. Action allowed; limitation. Notwithstanding the provisions of
subdivision 1, [A> PARAGRAPH (A), <A] in the case of [D> an <D] [A> A CAUSE OF
<A] action which accrues during the ninth or tenth year after substantial
completion of the construction, an action to recover damages may be brought
within two years after the date on which the [A> CAUSE OF <A] action accrued,
but in no event may [A> SUCH <A] an action be brought more than 12 years after
substantial completion of the construction. [A> NOTHING IN THIS SUBDIVISION
SHALL LIMIT THE TIME FOR BRINGING AN ACTION FOR CONTRIBUTION OR INDEMNITY. <A]
Subd. 3. Not construed. Nothing in this section shall be construed as extending
the period prescribed by the laws of this state for the bringing of any action.

Subd. 4. Applicability. For the purposes of actions based on breach of the
statutory warranties set forth in section 327A.02, or to actions based on breach
of an express written warranty, such actions shall be brought within two years
of the discovery of the breach. In the case of an action under section 327A.05,
which accrues during the ninth or tenth year after the warranty date, as defined
in section 327A.01, subdivision 8, an action may be brought within two years of
the discovery of the breach, but in no event may an action under section 327A.05
be brought more than 12 years after the effective warranty date. [A> AN ACTION
FOR CONTRIBUTION OR INDEMNITY ARISING OUT OF ACTIONS DESCRIBED IN THIS
SUBDIVISION MAY BE BROUGHT NO LATER THAN TWO YEARS AFTER THE EARLIER OF
COMMENCEMENT OF THE ACTION AGAINST THE PARTY SEEKING CONTRIBUTION OR INDEMNITY,
OR PAYMENT OF A FINAL JUDGMENT, ARBITRATION AWARD, OR SETTLEMENT ARISING OUT OF
THE BREACH. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE RETROACTIVE TO JUNE 30, 2006.
<A]

Sec. 30. [A> REVISOR'S INSTRUCTION. THE REVISOR OF STATUTES SHALL RENUMBER
EACH SECTION OF MINNESOTA STATUTES LISTED IN COLUMN A WITH THE NUMBER LISTED IN
COLUMN B. THE REVISOR SHALL ALSO MAKE NECESSARY CROSS-REFERENCE CHANGES
CONSISTENT WITH THE RENUMBERING. <A]

[A> COLUMN A COLUMN B <A]

[A> 325E.58 326B.865 <A]

[A> 326.83 326B.802 <A]

[A> 326.84 326B.805 <A]

[A> 326.841 327B.041 <A]

[A> 326.842 326B.81 <A]

[A> 326.86 326B.815 <A]

[A> 326.87 326B.82 <A]

[A> 326.88 326B.825 <A]

[A> 326.89 326B.83 <A]

[A> 326.90 326B.835 <A]

[A> 326.91 326B.84 <A]

[A> 326.92 326B.845 <A]

[A> 326.921 326B.85 <A]

[A> 326.93 326B.855 <A]

[A> 326.94 326B.86 <A]

[A> 326.95 326B.87 <A]

[A> 326.951 326B.875 <A]

[A> 326.96 326B.88 <A]

[A> 326.97 326B.885 <A]

ARTICLE 9

BOILERS; PRESSURE VESSELS; BOATS

Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:

183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; LICENSES.

Subdivision 1. All boilers inspected. The [D> Division of Boiler Inspection
<D] [A> COMMISSIONER <A] shall inspect all boilers and pressure vessels in use
not expressly excepted from such inspection by law. [D> Immediately <D] Upon
inspection the [D> Division of Boiler Inspection <D] [A> COMMISSIONER <A] shall
issue a certificate of inspection therefor or a certificate condemning the
boiler or pressure vessel and shall seal it. Forms for these licenses and
certificates shall be prepared and furnished by the commissioner. The [D>
Division of Boiler Inspection <D] [A> COMMISSIONER <A] shall examine all
applicants for engineer's licenses. The [D> chief of the Division of Boiler
Inspection <D] [A> COMMISSIONER <A] shall issue such license to an applicant as
the examination shall show the applicant is entitled to receive.

Subd. 2. Inspector's examination. For the purpose of examining applicants for
[D> license <D] [A> A NATIONAL BOARD OF BOILER AND PRESSURE VESSEL INSPECTORS
COMMISSION, <A] the [D> chief of the Division of Boiler Inspection or the deputy
chief <D] [A> COMMISSIONER <A] shall fix and determine a time and place for the examinations, and give notice to all applicants of the time and place. The [D>
chief or the deputy chief <D] [A> COMMISSIONER <A] shall grant and sign such
license certificates as applicants are entitled to receive upon examination.
Applicants may be examined and issued certificates of competency as inspectors
of boilers and pressure vessels.

Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to
read:

Subdivision 1. [A> INSPECTOR <A] requirements. Each boiler inspector shall be
[D> a person of good moral character, shall be <D] licensed in this state as a
chief grade A engineer, and must hold a national board commission as a boiler
inspector within 12 months of being employed as a boiler inspector by the
department. An inspector shall not be interested in the manufacture or sale of
boilers or steam machinery or in any patented article required or generally used
in the construction of engines or boilers or their appurtenances.

Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended
to read:

Subd. 2. Inspection. When used for display and demonstration purposes, steam
farm traction engines, portable and stationary show engines and portable and
stationary show boilers shall be inspected every two years according to law.

(a) Show boilers or engines not certified in Minnesota shall be inspected
thoroughly by a boiler inspector certified to inspect boilers in Minnesota,
using inspection standards in paragraph (b), before being certified for use in
Minnesota.

(b) Standards for inspection of show boilers shall be those established by
the National Board Inspection Code ANSI/NB23 and by the rules adopted by the
department [D> of Labor and Industry, Division of Boiler Inspection, <D] and as
follows:

(1) the boiler shall be subjected to the appropriate method of nondestructive
examination, at the owner's expense, as deemed necessary by the boiler inspector
to determine soundness and safety of the boiler;

(2) the boiler shall be tested by ultrasonic examination for metal thickness
(for purposes of calculating the maximum allowable working pressure the thinnest
reading shall be used and a safety factor of six shall be used in calculating
maximum allowable working pressure on all non-ASME-code hobby and show boilers);
and

(3) repairs and alterations made to show boilers must be made pursuant to
section 183.466 .

(c) Further each such object shall successfully complete an inspection of:

(1) the fusible plug;

(2) the safety valve, which must be of [D> American Society of Mechanical
Engineers' <D] [A> ASME <A] approved design and set at the maximum allowable
working pressure and sealed in an appropriate manner not allowing tampering with
the valve setting without destroying the seal; and

(3) the boiler power piping. Any longitudinal cracks found in riveted
longitudinal seams requires that the vessel be sealed and not approved for use
in Minnesota. If the boiler or show engine is jacketed, the jacket must be
removed prior to inspection.

Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:

183.42 INSPECTION AND REGISTRATION.

Subdivision 1. Inspection. Every owner, lessee, or other person having charge
of boilers or pressure vessels subject to inspection under this chapter shall
cause them to be inspected by the [D> Division of Boiler Inspection <D] [A>
DEPARTMENT <A] . [A> EXCEPT AS PROVIDED IN SECTIONS 183.411 AND 183.45, <A]
boilers subject to inspection under this chapter must be inspected at least
annually and pressure vessels inspected at least every two years [D> except as
provided under section 183.45 <D] . The commissioner shall assess a $ 250
penalty per applicable boiler or pressure vessel for failure to have the
inspection required by this section and may seal the boiler or pressure vessel
for refusal to allow an inspection as required by this section.

Subd. 2. Registration. Every owner, lessee, or other person having charge of
boilers or pressure vessels subject to inspection under this chapter [A> ,
EXCEPT HOBBY BOILERS UNDER SECTION 183.411, <A] shall register said objects with
the [D> Division of Boiler Inspection <D] [A> DEPARTMENT <A] . The registration
shall be renewed annually and is applicable to each object separately. The fee
for registration of a boiler or pressure vessel shall be pursuant to section
183.545, subdivision 10. The [D> Division of Boiler Inspection <D] [A>
DEPARTMENT <A] may issue a billing statement for each boiler and pressure vessel
on record with the division, and may determine a monthly schedule of billings to
be followed for owners, lessees, or other persons having charge of a boiler or
pressure vessel subject to inspection under this chapter.

Subd. 3. Certificate of registration. The [D> Division of Boiler Inspection
<D] [A> DEPARTMENT <A] shall issue a certificate of registration that lists the
[A> REGISTERED <A] boilers and pressure vessels at the location, expiration date
of the certificate of registration, last inspection date of each [A> REGISTERED
<A] boiler and pressure vessel, and maximum allowable working pressure for each
[A> REGISTERED <A] boiler and pressure vessel. The commissioner may make an
electronic certificate of registration available to be printed by the owner,
lessee, or other person having charge of the [A> REGISTERED <A] boiler or
pressure vessel.

Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:

183.45 INSPECTION.

Subdivision 1. Inspection requirements. All boilers and steam generators must
be inspected by the [D> Division of Boiler Inspection <D] [A> DEPARTMENT <A]
before they are used and all boilers must be inspected at least once each year
thereafter except as provided under subdivision 2 [A> OR SECTION 183.411 <A] .
Inspectors may subject all boilers to hydrostatic pressure or hammer test, and
shall ascertain by a thorough internal and external examination that they are
well made and of good and suitable material; that the openings for the passage
of water and steam, respectively, and all pipes and tubes exposed to heat, are
of proper dimensions and free from obstructions; that the flues are circular in
form; that the arrangements for delivering the feed water are such that the
boilers cannot be injured thereby; and that such boilers and their connections
may be safely used without danger to life or property. Inspectors shall
ascertain that the safety valves are of suitable dimensions, sufficient in
number, and properly arranged, and that the safety valves are so adjusted as to
allow no greater pressure in the boilers than the amount prescribed by the
inspector's certificate; that there is a sufficient number of gauge cocks,
properly inserted, to indicate the amount of water, and suitable gauges that
will correctly record the pressure; and that the fusible metals are properly
inserted where required so as to fuse by the heat of the furnace whenever the
water in the boiler falls below its prescribed limit; and that provisions are
made for an ample supply of water to feed the boilers at all times; and that
means for blowing out are provided, so as to thoroughly remove the mud and
sediment from all parts when under pressure.

Subd. 2. Qualifying boiler.

(a) "Qualifying boiler" means a boiler of 200,000 pounds per hour or more
capacity which has an internal continuous water treatment program approved by
the department and which the [D> chief boiler inspector <D] [A> COMMISSIONER <A]
has determined to be in compliance with paragraph (c).

(b) A qualifying boiler must be inspected at least once every 24 months
internally and externally while not under pressure and at least once every 18
months externally while under pressure. If the inspector considers it necessary
to conduct a hydrostatic test to determine the safety of a boiler, the test must
be conducted under the direction of the owner, contractor, or user of the
equipment under the supervision of an inspector.

(c) The owner of a qualifying boiler must keep accurate records showing the
date and actual time the boiler is out of service, the reason or reasons
therefor, and the chemical physical laboratory analysis of samples of the boiler
water taken at regular intervals of not more than 48 hours of operation which
adequately show the condition of the water, and any elements or characteristics
of the water capable of producing corrosion or other deterioration of the boiler
or its parts.

(d) If an inspector determines there are substantial deficiencies in
equipment or in boiler water treatment operating procedures, inspections of a
qualifying boiler may be required once every 12 months until the [D> chief
boiler inspector <D] [A> COMMISSIONER <A] finds that the substantial
deficiencies have been corrected.

Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:

183.46 TESTS. In subjecting both high and low pressure boilers and pressure
vessels to the hydrostatic test, and to determine the safe allowable working
pressure, the inspector shall use the latest approved formula of the [D>
American Society of Mechanical Engineers <D] [A> ASME <A] Code [A> OR NATIONAL
BOARD INSPECTION CODE, AS APPLICABLE <A] .

Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:

183.465 STANDARDS OF INSPECTION. The engineering standards of boilers and
pressure vessels for use in this state shall be that established by the current
edition of [D> the <D] [A> AND AMENDMENTS TO THE ASME CODE OR THE NATIONAL BOARD
INSPECTION CODE, AS APPLICABLE, FOR <A] construction, operation and care of,
in-service inspection and testing, and controls and safety devices [D> codes of
the American Society of Mechanical Engineers and amendments thereto <D] [A> ,
<A] and [A> BY <A] the rules [D> of the Division of Boiler Inspection <D]
adopted by the department [D> of Labor and Industry <D] .

Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:

183.466 STANDARDS OF REPAIRS. The rules for repair of boilers and pressure
vessels for use in this state shall be those established by the National Board
of Boiler and Pressure Vessel Inspectors inspection code and the rules [D> of
the Division of Boiler Inspection <D] adopted by the department [D> of Labor and
Industry <D] .

Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:

183.48 SPECIAL EXAMINATION. [D> At any time the inspector deems it necessary
an examination shall be made of any <D] [A> IF AN INSPECTOR EXAMINES A <A]
boiler or pressure vessel [D> which there is reason to believe has become <D]
[A> AND DETERMINES THAT THE BOILER OR PRESSURE VESSEL IS <A] unsafe, [D> and <D]
[A> THE INSPECTOR SHALL <A] notify the [D> owners or operators thereof <D] [A>
OWNER OR OPERATOR <A] of any defect [D> therein, and what repairs are necessary
<D] [A> IN THAT BOILER OR PRESSURE VESSEL <A] . Such boiler or pressure vessel
shall not thereafter be used until [D> so repaired <D] [A> THE DEFECT IS
CORRECTED <A] . Boilers found to be operated by unlicensed or improperly
licensed persons shall not be used until the operators are properly licensed. If
circumstances warrant continued operation, approval may be given for continuing
operation for a specific period of time, not to exceed 30 days, at the
discretion of the boiler inspector.

Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:

183.501 LICENSE REQUIREMENT.

(a) No [D> person <D] [A> INDIVIDUAL <A] shall be entrusted with the
operation of or operate any boiler, steam engine, or turbine who has not
received a license of grade covering that boiler, steam engine or turbine. The
license shall be renewed annually [A> , EXCEPT AS PROVIDED IN SECTION 183.411
<A] . [D> When a violation of this section occurs the Division of Boiler
Inspection may cause a complaint to be made for the prosecution of the offender
and shall be entitled to sue for and obtain injunctive relief in the district
courts for such violations. <D]

(b) For purposes of this chapter, "operation" shall not include monitoring of
an automatic boiler, either through on premises inspection of the boiler or by
remote electronic surveillance, provided that no operations are performed upon
the boiler other than emergency shut down in alarm situations.

[A> (C) NO INDIVIDUAL UNDER THE INFLUENCE OF ILLEGAL DRUGS OR ALCOHOL SHALL
BE ENTRUSTED WITH THE OPERATION OF OR SHALL OPERATE ANY BOILER, STEAM ENGINE, OR
TURBINE, OR SHALL BE ENTRUSTED WITH THE MONITORING OF OR SHALL MONITOR AN
AUTOMATIC BOILER. <A]

Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:

183.505 APPLICATIONS FOR LICENSES. The [D> chief boiler inspector <D] [A>
COMMISSIONER <A] shall prepare blank applications on which applications for [D>
engineers' <D] licenses shall be made [D> under oath of the applicant <D] .
These blanks shall [D> be so formulated as to <D] elicit such information as is
[D> desirable <D] [A> NEEDED <A] to [D> enable the examiners to pass on <D] [A>
DETERMINE WHETHER AN APPLICANT MEETS <A] the qualifications [D> of applicants
<D] [A> REQUIRED FOR THE LICENSE <A] .

Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:

183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.

Subdivision 1. Engineers, classes. Engineers shall be divided into four
classes:

(1) Chief engineers; Grade A, Grade B, and Grade C.

(2) first class engineers; Grade A, Grade B, and Grade C.

(3) second class engineers; Grade A, Grade B, and Grade C.

(4) Special engineers.

Subd. 2. Applications. Any [D> person <D] [A> INDIVIDUAL <A] who desires an
engineer's license shall submit [D> a written <D] [A> AN <A] application [D> ,
on blanks furnished by the commissioner or designee <D] [A> ON A WRITTEN OR
ELECTRONIC FORM PRESCRIBED BY THE COMMISSIONER <A] , at least 15 days before the
requested exam date. The application [D> is valid for <D] [A> PERMITS THE
APPLICANT TO TAKE THE EXAMINATION ON ONE OCCASION WITHIN <A] one year from the
date the commissioner [D> or designee received <D] [A> RECEIVES <A] the
application.

Subd. 2a. Examinations. Each applicant for a license must pass an examination
[D> approved <D] [A> DEVELOPED AND ADMINISTERED <A] by the commissioner. The
examinations shall be of sufficient scope to establish the competency of the
applicant to operate a boiler of the applicable license class and grade.

Subd. 3. High and low pressure boilers. For the purposes of this section and
section 183.50, high pressure boilers shall mean boilers operating at a steam or
other vapor pressure in excess of 15 p.s.i.g., or a water or other liquid boiler
in which the pressure exceeds 160 p.s.i.g. or a temperature of 250 degrees
Fahrenheit. Low pressure boilers shall mean boilers operating at a steam or
other vapor pressure of 15 p.s.i.g. or less, or a water or other liquid boiler
in which the pressure does not exceed 160 p.s.i.g. or a temperature of 250
degrees Fahrenheit.

Subd. 4. Chief engineer, Grade A. [D> A person <D] [A> AN INDIVIDUAL <A]
seeking licensure as a chief engineer, Grade A, shall be at least 18 years of
age and have experience which verifies that the [D> person <D] [A> INDIVIDUAL
<A] is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers, steam engines, and turbines and their
appurtenances; and, before receiving a license, the applicant shall take and
subscribe an oath attesting to at least five years actual experience in
operating such boilers, including at least two years experience in operating
such engines or turbines.

Subd. 5. Chief engineer, Grade B. [D> A person <D] [A> AN INDIVIDUAL <A]
seeking licensure as a chief engineer, Grade B, shall be at least 18 years of
age and have habits and experience which justify the belief that the [D> person
<D] [A> INDIVIDUAL <A] is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of boilers and their
appurtenances; and, before receiving a license, the applicant shall take and
subscribe an oath attesting to at least five years actual experience in
operating those boilers.

Subd. 6. Chief engineer, Grade C. [D> A person <D] [A> AN INDIVIDUAL <A]
seeking licensure as a chief engineer, Grade C, shall be at least 18 years of
age and have habits and experience which justify the belief that the [D> person
<D] [A> INDIVIDUAL <A] is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of low pressure boilers and their
appurtenances, and before receiving a license, the applicant shall take and
subscribe an oath attesting to at least five years of actual experience in
operating such boilers.

Subd. 7. First-class engineer, Grade A. [D> A person <D] [A> AN INDIVIDUAL
<A] seeking licensure as a first-class engineer, Grade A, shall be at least 18
years of age and have experience which verifies that the [D> person <D] [A>
INDIVIDUAL <A] is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers, engines, and turbines and
their appurtenances of not more than 300 horsepower or to operate as a shift
engineer in a plant of unlimited horsepower. Before receiving a license, the
applicant shall take and subscribe an oath attesting to at least three years
actual experience in operating such boilers, including at least two years
experience in operating such engines or turbines.

Subd. 8. First-class engineer, Grade B. [D> A person <D] [A> AN INDIVIDUAL
<A] seeking licensure as a first-class engineer, Grade B, shall be at least 18
years of age and have habits and experience which justify the belief that the
[D> person <D] [A> INDIVIDUAL <A] is competent to take charge of and be
responsible for the safe operation and maintenance of all classes of boilers of
not more than 300 horsepower or to operate as a shift engineer in a plant of
unlimited horsepower. Before receiving a license the applicant shall take and
subscribe an oath attesting to at least three years actual experience in
operating such boilers.

Subd. 9. First-class engineer, Grade C. [D> A person <D] [A> AN INDIVIDUAL
<A] seeking licensure as a first-class engineer, Grade C, shall be at least 18
years of age and have habits and experience which justify the belief that the
[D> person <D] [A> INDIVIDUAL <A] is competent to take charge of and be
responsible for the safe operation and maintenance of all classes of low
pressure boilers and their appurtenances of not more than 300 horsepower or to
operate as a shift engineer in a low pressure plant of unlimited horsepower.
Before receiving a license, the applicant shall take and subscribe an oath
attesting to at least three years actual experience in operating such boilers.

Subd. 10. Second-class engineer, Grade A. [D> A person <D] [A> AN INDIVIDUAL
<A] seeking licensure as a second-class engineer, Grade A, shall be at least 18
years of age and have experience which verifies that the [D> person <D] [A>
INDIVIDUAL <A] is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers, engines, and turbines and
their appurtenances of not more than 100 horsepower or to operate as a shift
engineer in a plant of not more than 300 horsepower, or to assist the shift
engineer, under direct supervision, in a plant of unlimited horsepower. Before
receiving a license the applicant shall take and subscribe an oath attesting to
at least one year of actual experience in operating such boilers, including at
least one year of experience in operating such engines or turbines.

Subd. 11. Second-class engineer, Grade B. [D> A person <D] [A> AN INDIVIDUAL
<A] seeking licensure as a second-class engineer, Grade B, shall be at least 18
years of age and have habits and experience which justify the belief that the
[D> person <D] [A> INDIVIDUAL <A] is competent to take charge of and be
responsible for the safe operation and maintenance of all classes of boilers of
not more than 100 horsepower or to operate as a shift engineer in a plant of not
more than 300 horsepower or to assist the shift engineer, under direct
supervision, in a plant of unlimited horsepower. Before receiving a license the
applicant shall take and subscribe an oath attesting to at least one year of
actual experience in operating such boilers.

Subd. 12. Second-class engineer, Grade C. [D> A person <D] [A> AN INDIVIDUAL
<A] seeking licensure as a second-class engineer, Grade C, shall be at least 18
years of age and have habits and experience which justify the belief that the
[D> person <D] [A> INDIVIDUAL <A] is competent to take charge of and be
responsible for the safe operation and maintenance of all classes of low
pressure boilers and their appurtenances of not more than 100 horsepower or to
operate as a shift engineer in a low pressure plant of not more than 300
horsepower, or to assist the shift engineer, under direct supervision, in a low
pressure plant of unlimited horsepower. Before receiving a license, the
applicant shall take and subscribe an oath attesting to at least one year of
actual experience in operating such boilers.

Subd. 13. Special engineer. [D> A person <D] [A> AN INDIVIDUAL <A] seeking
licensure as a special engineer shall be at least 18 years of age and have
habits and experience which justify the belief that the [D> person <D] [A>
INDIVIDUAL <A] is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers and their appurtenances of
not more than 30 horsepower or to operate as a shift engineer in a plant of not
more than 100 horsepower, or to serve as an apprentice in any plant under the
direct supervision of the properly licensed engineer.

Subd. 14. Current boiler operators. Any [D> person <D] [A> INDIVIDUAL <A]
operating a boiler other than a steam boiler on [A> OR BEFORE <A] April 15, 1982
shall be qualified for application for the applicable class license upon
presentation of an affidavit furnished by an inspector and sworn to by the [D>
person's <D] [A> INDIVIDUAL'S <A] employer or a chief engineer. The applicant
must have at least the number of years of actual experience specified for the
class of license requested and pass the appropriate examination.

Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for
engineer license classifications only: ten square feet of heating surface shall
be considered equivalent to one boiler horsepower for conventional boilers and
five square feet of heating surface equivalent to one boiler horsepower for
steam coil type generators.

Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended
to read:

Subdivision 1. [D> Safety <D] [A> INSPECTION <A] certificate. After
examination and tests [D> , if a boiler inspector finds any boiler or pressure
vessel safe and suitable for use, the inspector shall deliver to the chief
boiler inspector a verified certificate in such form as prescribed by the chief
boiler inspector containing a specification of the tests applied and the working
pressure allowed. A copy of the certificate is delivered to the owner of the
boiler or pressure vessel, who shall place and retain the same in a conspicuous
place on or near the boiler or pressure vessel. <D] [A> OF THE BOILER OR
PRESSURE VESSEL BEING INSPECTED, THE BOILER INSPECTOR SHALL DOCUMENT THE
CONDITION OF THE BOILER OR PRESSURE VESSEL AS REQUIRED BY THE COMMISSIONER. THE
INSPECTOR SHALL ISSUE AN INSPECTION CERTIFICATE, AS PRESCRIBED BY THE
COMMISSIONER, TO THE OWNER OR OPERATOR FOR THE INSPECTED BOILERS AND PRESSURE
VESSELS FOUND TO BE SAFE AND SUITABLE FOR USE. THE INSPECTOR SHALL IMMEDIATELY
NOTIFY THE OWNER OR OPERATOR OF ANY DEFICIENCIES FOUND ON THE BOILERS AND
PRESSURE VESSELS DURING THE INSPECTION ON A FORM PRESCRIBED BY THE COMMISSIONER.
<A]

Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended
to read:

Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure
vessel, which boiler or pressure vessel has been duly inspected, refuses to pay
the required fee within 30 days from the date of the [D> inspection <D] [A>
INVOICE <A] , the [D> chief boiler inspector, or deputy, <D] [A> DEPARTMENT <A]
may seal the boiler or pressure vessel until the fee is paid.

Sec. 15. Minnesota Statutes 2006, section 183.545, is amended by adding a
subdivision to read:

[A> SUBD. 11. LATE FEE. THE COMMISSIONER MAY ASSESS A LATE FEE OF UP TO $ 100
FOR EACH INVOICE ISSUED UNDER SUBDIVISION 1, 3, OR 3A THAT IS NOT PAID IN FULL
BY THE DUE DATE STATED ON THE INVOICE. <A]

[A> EFFECTIVE DATE. THIS SECTION IS EFFECTIVE JULY 1, 2007. <A]

Sec. 16. Minnesota Statutes 2006, section 183.56, is amended to read:

183.56 EXCEPTIONS. The provisions of sections 183.38 to 183.62, shall not
apply to:

(1) boilers in buildings occupied solely for residence purposes with
accommodations for not more than five families;

(2) railroad locomotives operated by railroad companies for transportation
purposes;

(3) air tanks installed on the right-of-way of railroads and used directly in
the operation of trains;

(4) boilers and pressure vessels under the direct jurisdiction of the United
States;

(5) unfired pressure vessels having an internal or external working pressure
not exceeding 15 p.s.i.g. with no limit on size;

(6) pressure vessels used for storage of compressed air not exceeding five
cubic feet in volume and equipped with an [D> American Society of Mechanical
Engineers <D] [A> ASME <A] code stamped safety valve set at a maximum of 100
p.s.i.g.;

(7) pressure vessels having an inside diameter not exceeding six inches;

(8) every vessel that contains water under pressure, including those
containing air that serves only as a cushion, whose design pressure does not
exceed 300 p.s.i.g. and whose design temperature does not exceed 210 degrees
Fahrenheit;

(9) boiler or pressure vessels located on farms used solely for agricultural
or horticultural purposes; for purposes of this section, boilers used for mint
oil extraction are considered used for agricultural or horticultural purposes,
provided that the owner or lessee complies with the inspection requirements
contained in section 183.42;

(10) tanks or cylinders used for storage or transfer of liquefied petroleum
gases;

(11) unfired pressure vessels in petroleum refineries;

(12) an air tank or pressure vessel which is an integral part of a passenger
motor bus, truck, or trailer;

(13) hot water heating and other hot liquid boilers not exceeding a heat
input of 750,000 BTU per hour;

(14) hot water supply boilers (water heaters) not exceeding a heat input of
500,000 BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal
water capacity of 120 gallons, or a pressure of 160 p.s.i.g.;

(15) a laundry and dry cleaning press not exceeding five cubic feet of steam
volume;

(16) pressure vessels operated full of water or other liquid not materially
more hazardous than water, if the vessel's contents' temperature does not exceed
140 degrees Fahrenheit or a pressure of 200 p.s.i.g.;

(17) steam powered turbines at paper-making facilities which are powered by
steam generated by municipal steam district facilities at a remote location; and

(18) manually fired boilers for model locomotive, boat, tractor, stationary
engine, or antique motor vehicles constructed or maintained only as a hobby for
exhibition, educational or historical purposes and not for commercial use, if
the boilers have an inside diameter of 12 inches or less, or a grate area of two
square feet or less, and are equipped with an [D> American Society of Mechanical
Engineers <D] [A> ASME <A] stamped safety valve of adequate size, a water level
indicator, and a pressure gauge. An engineer's license is not required for hot
water supply boilers. An engineer's license is not required for boilers, steam
cookers, steam kettles, steam sterilizers or other steam generators not
exceeding 100,000 BTU per hour input, 25 kilowatt, 2-1/2 horsepower [D> or <D]
[A> AND <A] a pressure of 15 p.s.i.g. Electric boilers not exceeding a maximum
working pressure of 50 p.s.i.g., maximum of 30 kilowatt input or three
horsepower rating shall be inspected as pressure vessels and shall not require
an engineer license to operate.

Sec. 17. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended
to read:

Subdivision 1. Report required. Any insurance company insuring boilers and
pressure vessels in this state shall file a report showing the [A> MOST RECENT
<A] date of inspection, the name of the [D> person <D] [A> INDIVIDUAL <A] making
the inspection, the condition of the boiler or pressure vessel as disclosed by
the inspection, whether the boiler was operated by a properly licensed engineer,
whether a policy of insurance has been issued by the company with reference to
the boiler or pressure vessel, and other information as directed by the [D>
chief boiler inspector <D] [A> COMMISSIONER <A] . Within 21 days after the
inspection, the insurance company shall file the report with the [D> chief
boiler inspector or designee <D] [A> COMMISSIONER <A] . The insurer shall
provide a copy of the report to the person [D> , firm, or corporation <D] owning
or operating the inspected boiler or pressure vessel. Such report shall be made
annually for boilers and biennially for pressure vessels.

Sec. 18. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended
to read:

Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
company authorized to do business in this state has issued a policy of
insurance, after the inspection thereof, is exempt from inspection by the
department made under sections 183.375 to 183.62, while the same continues to be
insured and provided it continues to be inspected in accordance with the
inspection schedule set forth in sections 183.42 and 183.45, and the person [D>
, firm, or corporation <D] owning or operating the same has an unexpired
certificate of registration.

Sec. 19. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended
to read:

Subd. 5. Notice of insurance coverage. The insurer shall notify the
commissioner [D> or designee <D] in writing of its policy to insure and inspect
boilers and pressure vessels at a location within 30 days of receipt of
notification from the insured that a boiler or pressure vessel is present at an
insured location. The insurer must also provide a duplicate of the notification
to the insured.

Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended
to read:

Subd. 6. Notice of discontinued coverage. The insurer shall notify the
commissioner [D> or designee <D] in writing, within 30 days of the effective
date, of the discontinuation of insurance coverage of the boilers and pressure
vessels at a location and the cause or reason for the discontinuation if the
insurer has received notice from the insured that a boiler or pressure vessel is
present at an insured location, as provided under subdivision 5. This notice
shall show the effective date when the discontinued policy takes effect.

Sec. 21. Minnesota Statutes 2006, section 183.59, is amended to read:

183.59 VIOLATIONS BY INSPECTORS. Every inspector who willfully certifies
falsely regarding any boiler or its attachments, or pressure vessel, or the hull
and equipments of any steam vessel, or who grants a license to any [D> person
<D] [A> INDIVIDUAL <A] to act as engineer [D> , <D] [A> OR <A] master [D> , or
pilot <D] contrary to any provision of sections 183.375 to 183.62, is guilty of
a misdemeanor. In addition to this punishment the inspector shall be removed
from office forthwith.

Sec. 22. Minnesota Statutes 2006, section 183.60, is amended to read:

183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.

Subdivision 1. Construction violation. [D> Every <D] [A> NO <A] person [D>
who constructs <D] [A> SHALL CONSTRUCT <A] a boiler, boiler piping, or pressure
vessel so as not to meet the minimum construction requirements of the [D>
American Society of Mechanical Engineers <D] [A> ASME <A] boiler and pressure
vessel code, and the rules of the [D> Division of Boiler Inspection adopted by
the <D] department [D> of Labor and Industry is guilty of a gross misdemeanor
<D] .

Subd. 2. Repair violation. [D> Every <D] [A> NO <A] person [D> who repairs
<D] a boiler or pressure vessel by welding or riveting so as not to meet the
minimum requirements established by the current edition of the National Board of
Boiler and Pressure Vessel Inspectors inspection code and the rules of the [D>
Division of Boiler Inspection adopted by the <D] department [D> of Labor and
Industry is guilty of a gross misdemeanor <D] .

Subd. 3. Sale violation. [D> Every <D] [A> NO <A] manufacturer, jobber,
dealer, or [A> OTHER <A] person [D> selling or offering <D] [A> SHALL SELL OR
OFFER <A] for sale a boiler or pressure vessel that does not meet the minimum
construction requirements of the [D> American Society of Mechanical Engineers
<D] [A> ASME <A] boiler and pressure vessel code and the rules of the [D>
Division of Boiler Inspection adopted by the <D] department [D> of Labor and
Industry is guilty of a gross misdemeanor <D] .

Sec. 23. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended
to read:

Subd. 2. Inspection violation. [D> Any <D] [A> NO <A] person [D> who causes
<D] [A> SHALL CAUSE <A] to be operated [D> , <D] or [D> operates <D] [A> SHALL
OPERATE <A] [D> , <D] any boiler or boat without having the same inspected at
least once each year [A> , <A] or pressure vessel [A> , STEAM FARM TRACTION
ENGINE, PORTABLE OR STATIONARY SHOW ENGINE, OR PORTABLE OR STATIONARY SHOW
BOILER <A] without having it inspected biennially, [D> and <D] [A> OR <A]
without having the proper engineer or [D> pilot <D] [A> MASTER <A] license [D>
is guilty of a misdemeanor <D] .

Sec. 24. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended
to read:

Subd. 4. Failure to repair. [D> Every person operating or causing to be
operated <D] [A> AFTER <A] any boiler or pressure vessel [D> after it <D] has
been examined and found to be unsafe and after the owner or operator [D> thereof
<D] [A> OF THE BOILER OR PRESSURE VESSEL <A] has been notified of any defect [D>
therein and what repairs are necessary to remedy the defect who fails to comply
with the inspector's requirements is guilty of a misdemeanor <D] [A> IN IT, NO
PERSON SHALL OPERATE THE BOILER OR PRESSURE VESSEL OR CAUSE IT TO BE OPERATED
UNLESS AND UNTIL THE DEFECT HAS BEEN CORRECTED <A] .

Sec. 25. [A> (326B.93) INSPECTION PERSONNEL. <A]

[A> SUBDIVISION 1. INSPECTORS. THE DEPARTMENT MAY EMPLOY SUCH INSPECTORS AND
OTHER PERSONS AS ARE NECESSARY TO EFFICIENTLY PERFORM THE DUTIES AND EXERCISE
THE POWERS IMPOSED UPON THE DEPARTMENT. <A]

[A> SUBD. 2. CHIEF BOILER INSPECTOR. THE COMMISSIONER SHALL APPOINT A CHIEF
BOILER INSPECTOR WHO, UNDER THE DIRECTION AND SUPERVISION OF THE COMMISSIONER,
SHALL ADMINISTER THIS CHAPTER AND THE RULES ADOPTED UNDER THIS CHAPTER. THE
CHIEF BOILER INSPECTOR MUST: <A]

[A> (1) BE LICENSED AS A CHIEF GRADE A ENGINEER; AND <A]

[A> (2) POSSESS A CURRENT COMMISSION ISSUED BY THE NATIONAL BOARD OF BOILER
AND PRESSURE VESSEL INSPECTORS. THE CHIEF BOILER INSPECTOR SHALL BE THE STATE OF
MINNESOTA REPRESENTATIVE ON THE NATIONAL BOARD OF BOILER AND PRESSURE VESSEL
INSPECTORS, SHALL BE THE FINAL INTERPRETATIVE AUTHORITY OF THE RULES ADOPTED
UNDER THIS CHAPTER, AND SHALL PERFORM OTHER DUTIES IN ADMINISTERING THIS CHAPTER
AND THE RULES ADOPTED UNDER THIS CHAPTER AS ASSIGNED BY THE COMMISSIONER. ANY
PERSON AGGRIEVED BY A RULING OF THE CHIEF BOILER INSPECTOR MAY APPEAL THE RULING
IN ACCORDANCE WITH CHAPTER 14. <A]

Sec. 26. [A> (326B.94) BOATS; MASTERS. <A]

[A> SUBDIVISION 1. BOAT. "BOAT" MEANS ANY VESSEL NAVIGATING INLAND WATERS OF
THE STATE THAT IS PROPELLED BY MACHINERY OR SAILS, IS CARRYING PASSENGERS FOR
HIRE, AND IS 21 FEET OR MORE IN LENGTH. <A]

[A> SUBD. 2. NUMBER OF PASSENGERS. THE DEPARTMENT SHALL DESIGNATE THE NUMBER
OF PASSENGERS THAT EACH BOAT MAY SAFELY CARRY, AND NO SUCH BOAT SHALL CARRY A
GREATER NUMBER THAN IS ALLOWED BY THE INSPECTOR'S CERTIFICATE. <A]

[A> SUBD. 3. ANNUAL PERMIT. THE COMMISSIONER SHALL ISSUE AN ANNUAL PERMIT TO
A BOAT FOR THE PURPOSE OF CARRYING PASSENGERS FOR HIRE ON THE INLAND WATERS OF
THE STATE PROVIDED THE BOAT SATISFIES THE INSPECTION REQUIREMENTS OF THIS
SECTION. A BOAT SUBJECT TO INSPECTION UNDER THIS CHAPTER SHALL BE REGISTERED
WITH THE DEPARTMENT AND SHALL BE INSPECTED BEFORE A PERMIT MAY BE ISSUED. NO
PERSON SHALL OPERATE A BOAT OR CAUSE A BOAT TO BE OPERATED FOR THE PURPOSE OF
CARRYING PASSENGERS FOR HIRE ON THE INLAND WATERS OF THE STATE WITHOUT A VALID
ANNUAL PERMIT ISSUED UNDER THIS SECTION. <A]

[A> SUBD. 4. EXAMINATIONS, LICENSING. THE COMMISSIONER SHALL DEVELOP AND
ADMINISTER AN EXAMINATION FOR ALL MASTERS OF BOATS CARRYING PASSENGERS FOR HIRE
ON THE INLAND WATERS OF THE STATE AS TO THEIR QUALIFICATIONS AND FITNESS. IF
FOUND QUALIFIED AND COMPETENT TO PERFORM THEIR DUTIES AS A MASTER OF A BOAT
CARRYING PASSENGERS FOR HIRE, THEY SHALL BE ISSUED A LICENSE AUTHORIZING THEM TO
ACT AS SUCH ON THE INLAND WATERS OF THE STATE. THE LICENSE SHALL BE RENEWED
ANNUALLY. FEES FOR THE ORIGINAL ISSUE AND RENEWAL OF THE LICENSE AUTHORIZED
UNDER THIS SECTION SHALL BE PURSUANT TO SECTION 183.545, SUBDIVISION 2. <A]

[A> SUBD. 5. RULES. <A]

[A> (A) THE DEPARTMENT SHALL PRESCRIBE RULES FOR THE INSPECTION OF THE HULLS,
MACHINERY, BOILERS, STEAM CONNECTIONS, FIREFIGHTING APPARATUS, LIFESAVING
APPLIANCES, AND LIFESAVING EQUIPMENT OF ALL POWER BOATS NAVIGATING THE INLAND
WATERS OF THE STATE, WHICH SHALL CONFORM TO THE REQUIREMENTS AND SPECIFICATIONS
OF THE UNITED STATES COAST GUARD IN SIMILAR CASES AS PROVIDED IN CODE OF FEDERAL
REGULATIONS, TITLE 46, AS APPLICABLE INLAND WATERS; TH