Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1227
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
THIRTIETH DAY
Saint Paul, Minnesota, Thursday, March 15, 2007
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Representative Mary Murphy, District 6B,
Hermantown, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding
day. Winkler moved that further reading of the Journal be suspended and that
the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1228
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
March
14, 2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House File:
H. F. No. 160, relating to finance; authorizing transfer of
appropriations within the Help America Vote Act account.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Act
of the 2007 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
160 5 11:50
a.m. March 14 March
14
Sincerely,
Mark
Ritchie
Secretary
of State
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1229
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 420, A bill for an act relating to education; providing for statewide
health and physical education requirements; directing the Education Department
to post approved local school wellness policies on the department Web site;
establishing a grant program to implement local school wellness policies;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2006,
sections 120B.021, subdivision 1; 120B.023, subdivision 2; 120B.024; proposing
coding for new law in Minnesota Statutes, chapter 121A.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 532, A bill for an act relating to consumer protection; regulating certain
contracts entered into by military service personnel; authorizing
cancellations; requiring utilities to establish payment arrangements for
military service personnel; proposing coding for new law in Minnesota Statutes,
chapters 325E; 325G.
Reported
the same back with the following amendments:
Page
1, after line 6, insert:
"Sec.
4. [190.056] OTHER RIGHTS AND
PROTECTIONS.
The
rights and protections afforded to service members under the Servicemembers
Civil Relief Act, United States Code, title 50, Appendix, sections 501 to 596,
also apply in Minnesota to any business wholly owned by the service member or
the service member's spouse."
Page
3, line 31, delete everything after "contract" and insert a
period
Page
3, line 32, delete "orders, and"
Page
3, line 33, after the period, insert "The termination of the contract
is effective the day following receipt of proper notice as described in this
subdivision."
Page
4, delete section 4
Renumber
the sections in sequence and correct the internal references
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1230
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F. No.
571, A bill for an act relating to state government; defining best value;
changing provisions for acquisition and competitive bidding; amending Minnesota
Statutes 2006, sections 16C.02, by adding subdivisions; 16C.03, subdivisions 3,
4, 16, by adding a subdivision; 16C.26, subdivisions 1, 3, 4, 5; 16C.27,
subdivision 1; 16C.28, subdivisions 1, 3, 4; 103D.811, subdivision 3; 103E.505,
subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a
subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision;
161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38, subdivision
4; 365.37, by adding a subdivision; 374.13; 375.21, by adding a subdivision;
383C.094, by adding a subdivision; 412.311; 429.041, by adding a subdivision; 458D.21, by adding a subdivision; 469.015, by
adding a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345,
subdivision 5, by adding subdivisions; 473.523, by adding a subdivision;
473.756, subdivision 12.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 593, A bill for an act relating to natural resources; modifying
restrictions on access to public waters wetlands; amending Minnesota Statutes
2006, section 103G.235.
Reported
the same back with the following amendments:
Page
1, line 6, strike "PUBLIC WATERS"
Page
1, line 10, after "restored" insert "or created"
and delete "restores a public waters" and insert "creates
or restores a"
Page
1, line 12, delete "public waters" and insert "created
or restored" and before the comma, insert "as posted by the
landowner"
Amend
the title as follows:
Page
1, line 2, delete "public waters" and insert "created or
restored"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 615, A bill for an act relating to education; providing for comprehensive
family life and sexuality education programs; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes
2006, section 121A.23.
Reported
the same back with the following amendments:
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1231
Delete everything after the
enacting clause and insert:
"Section 1. [121A.231] RESPONSIBLE FAMILY LIFE AND
SEXUALITY EDUCATION PROGRAMS.
Subdivision 1. Notice and parental options. It is the legislature's
intent to encourage pupils to communicate with their parents or guardians about
human sexuality and to respect rights of parents and guardians to supervise
their children's education on these subjects.
Subd. 2. Definitions. (a) "Responsible family life and
sexuality education" means education in grades 7 through 12 that:
(1) respects community
values and encourages family communication;
(2) develops skills in
communication, decision making, and conflict resolution;
(3) contributes to healthy
relationships;
(4) provides human
development and sexuality education that is age appropriate and medically
accurate;
(5) includes an
abstinence-first approach to delaying initiation of sexual activity that
emphasizes abstinence while also including education about the use of
protection and contraception; and
(6) promotes individual
responsibility.
(b) "Age
appropriate" refers to topics, messages, and teaching methods suitable to
particular ages or age groups of children and adolescents, based on developing
cognitive, emotional, and behavioral capacity typical for the age or age group.
(c) "Medically
accurate" means verified or supported by research conducted in compliance
with scientific methods and published in peer-reviewed journals, where
appropriate, and recognized as accurate and objective by professional
organizations and agencies in the relevant field, such as the federal Centers
for Disease Control and Prevention, the American Public Health Association, the
American Academy of Pediatrics, or the American College of Obstetricians and
Gynecologists.
Subd. 3. Curriculum requirements. (a) A school district may offer
and may independently establish policies, procedures, curriculum, and services
for providing responsible family life and sexuality education that is age
appropriate and medically accurate for kindergarten through grade 6.
(b) A school district must
offer and may independently establish policies, procedures, curriculum, and
services for providing responsible family life and sexuality education that is
age appropriate and medically accurate for grades 7 through 12.
(c) A school district must
consult with parents or guardians of enrolled students when establishing
policies, procedures, curriculum, and services under this subdivision.
Subd. 4. Notice and parental options. (a) It is the legislature's
intent to encourage pupils to communicate with their parents or guardians about
human sexuality and to respect rights of parents or guardians to supervise
their children's education on these subjects.
(b) Parents or guardians may
excuse their children from all or part of a responsible family life and
sexuality education program, consistent with subdivision 6.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1232
(c)
A school district must establish policies and procedures, consistent with
subdivision 6, for providing parents or guardians reasonable notice with the
following information:
(1)
if the district is offering a responsible family life and sexuality education
program to the parents' or guardians' child during the course of the year;
(2)
how the parents or guardians may inspect the written and audio/visual
educational materials used in the program and the process for inspection;
(3)
if the program is presented by school district personnel or outside
consultants, and if outside consultants are used, who they may be; and
(4)
parents' or guardians' right to choose not to have their child participate in
the program and the procedure for exercising that right.
(d)
A school district must establish policies and procedures for reasonably
restricting the availability of written and audio/visual educational materials
from public view of students who have been excused from all or part of a
responsible family life and sexuality education program at the request of a
parent or guardian, consistent with subdivision 6.
Subd.
5. Assistance to school districts. (a)
The Department of Education may offer services to school districts to help them
implement effective responsible family life and sexuality education programs.
In providing these services, the department may contract with a school
district, or a school district in partnership with a local health agency or a
nonprofit organization, to establish up to eight regional training sites,
taking into account geographical balance, to provide:
(1)
training for teachers, parents, and community members in the development of
responsible family life and sexuality education curriculum or services and in
planning for monitoring and evaluation activities;
(2)
resource staff persons to provide expert training, curriculum development and
implementation, and evaluation services;
(3)
technical assistance to promote and coordinate community, parent, and youth
forums in communities identified as having high needs for responsible family
life and sexuality education;
(4)
technical assistance for issue management and policy development training for
school boards, superintendents, principals, and administrators across the
state; and
(5)
funding for grants to school-based responsible family life and sexuality
education programs to promote innovation and to recognize outstanding
performance and promote replication of demonstrably effective strategies.
(b)
Technical assistance in accordance with National Health Education Standards
provided by the department to school districts or regional training sites may:
(1)
promote instruction and use of materials that are age appropriate;
(2)
provide information that is medically accurate and objective;
(3)
provide instruction and promote use of materials that are respectful of
marriage and commitments in relationships;
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1233
(4)
provide instruction and promote use of materials that are appropriate for use
with pupils and family experiences based on race, gender, sexual orientation,
ethnic and cultural background, and appropriately accommodate alternative
learning based on language or disability;
(5)
provide instruction and promote use of materials that encourage pupils to
communicate with their parents or guardians about human sexuality;
(6)
provide instruction and promote use of age-appropriate materials that teach
abstinence from sexual intercourse as the only certain way to prevent
unintended pregnancy or sexually transmitted infections, including HIV, and
provide information about the role and value of abstinence while also providing
medically accurate information on other methods of preventing and reducing risk
for unintended pregnancy and sexually transmitted infections;
(7)
provide instruction and promote use of age-appropriate materials that are
medically accurate in explaining transmission modes, risks, symptoms, and treatments
for sexually transmitted infections, including HIV;
(8)
provide instruction and promote use of age-appropriate materials that address
varied societal views on sexuality, sexual behaviors, pregnancy, and sexually
transmitted infections, including HIV, in an age-appropriate manner;
(9)
provide instruction and promote use of age-appropriate materials that provide
information about the effectiveness and safety of all FDA-approved methods for preventing
and reducing risk for unintended pregnancy and sexually transmitted infections,
including HIV;
(10)
provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about
sexuality;
(11)
provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about
finding and using health services; and
(12)
provide instruction and promote use of age-appropriate materials that do not
teach or promote religious doctrine nor reflect or promote bias against any
person on the basis of any category protected under the Minnesota Human Rights
Act, chapter 363A.
Subd.
6. Parent option. A school
district may offer a responsible family life and sexuality education program
under this section to a pupil only with the prior written consent of the
pupil's parent or guardian. A school district must make reasonable arrangements
with school personnel for alternative instruction for those pupils whose
parents or guardians refuse to give their consent, and must not impose an
academic or other penalty upon a pupil merely for arranging the alternative
instruction. School personnel may evaluate and assess the quality of the
pupil's work completed as part of the alternative instruction.
Sec.
2. APPROPRIATION.
Subdivision
1. Department of Education. The
sums indicated in this section are appropriated from the general fund to the
commissioner of education for the fiscal years designated.
Subd.
2. Responsible family life and sexuality
education programs. For responsible family life and sexuality
education programs under section 1:
$430,000 . . . . . 2008
$430,000 . . . . . 2009
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1234
Of these amounts, $400,000 each year is to
establish and operate up to eight regional training sites under section 1,
subdivision 5, paragraph (a), and $30,000 each year is to school districts for
the purposes of section 1, subdivision 5, paragraph (a), clause (5).
Sec. 3. REPEALER.
Minnesota Statutes 2006, section 121A.23, is
repealed."
Delete the title and insert:
"A bill for an act relating to education; providing
for responsible family life and sexuality education programs; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 121A;
repealing Minnesota Statutes 2006, section 121A.23."
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Finance.
The report was adopted.
Rukavina
from the Higher Education and Work Force Development Policy and Finance
Division to which was referred:
H. F.
No. 648, A bill for an act relating to unemployment insurance; making various
policy, housekeeping, and style changes to the Minnesota Unemployment Insurance
Law; incorporating certain administrative rules into Minnesota Statutes;
modifying fraud penalties; amending Minnesota Statutes 2006, sections 268.001;
268.03, subdivisions 1, 2; 268.035, subdivisions 1, 4, 9, 10, 11, 12, 13, 14,
15, 17, 20, 21a, 23, 23a, 24, 26, 29, 30, by adding a subdivision; 268.042,
subdivisions 1, 3, 4; 268.043; 268.0435; 268.044, subdivisions 1, 1a, 2, 3, 4;
268.045, subdivision 1; 268.046; 268.047, subdivisions 1, 2, 3, 5; 268.051,
subdivisions 1, 1a, 2, 3, 4, 4a, 5, 6, 7, 8, 9; 268.052, subdivisions 1, 2, 3,
4, 5; 268.0525; 268.053, subdivisions 1, 2, 3; 268.057, subdivisions 1, 2, 3,
4, 5, 6, 7, 10; 268.058; 268.059; 268.0625, subdivisions 4, 5; 268.063;
268.064; 268.065, subdivisions 1, 3; 268.066; 268.067; 268.0675; 268.068;
268.069, subdivisions 1, 2, 3; 268.07, subdivisions 1, 2, 3a, 3b; 268.084;
268.085, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, 8, 9, 11, 12, 13, 13a, 13b, 13c,
16; 268.086, subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 268.087; 268.095,
subdivisions 1, 2, 3, 4, 5, 6, 6a, 7, 10, 11; 268.101; 268.103, subdivisions 1,
2; 268.105, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7; 268.115; 268.125,
subdivisions 3, 4, 5; 268.131, subdivision 1; 268.135; 268.145, subdivisions 1,
2, 3; 268.155; 268.18, subdivisions 1, 2, 2b, 4, 5, 6; 268.182, subdivisions 1,
2; 268.184, subdivisions 1, 1a; 268.186; 268.188; 268.19, subdivisions 1, 1a,
2; 268.192; 268.194, subdivisions 1, 2, 3, 4, 5, 6; 268.196, subdivisions 1, 3;
268.20; 268.21; 268.22; 268.23; proposing coding for new law in Minnesota
Statutes, chapter 268; repealing Minnesota Statutes 2006, sections 268.0435;
268.0511; 268.085, subdivision 10; 268.103, subdivision 4; Minnesota Rules,
parts 3315.0210; 3315.0220; 3315.0515; 3315.0520; 3315.0525; 3315.0530,
subparts 2, 3, 4, 5, 6; 3315.0540; 3315.0550; 3315.0910, subparts 1, 2, 3, 4,
5, 6, 7, 8; 3315.1005, subparts 1, 3; 3315.1315, subpart 4; 3315.2010;
3315.2810, subparts 2, 4.
Reported
the same back with the following amendments:
Page
98, line 14, before the period, insert "or that all members are
restricted to obtaining employment among signatory contractors in the
construction industry"
With the
recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1235
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 754, A bill for an act relating to occupations and professions; requiring
licenses for plumbing work statewide; amending Minnesota Statutes 2006, section
326.40, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 326; repealing Minnesota Statutes 2006, section 326.45.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"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.
(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.
Sec.
2. Minnesota Statutes 2006, section 326.38, is amended to read:
326.38 LOCAL REGULATIONS.
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, may, by ordinance, adopt local regulations
providing for plumbing permits, bonds, approval of plans, and inspections of
plumbing, which regulations are not in conflict with the plumbing standards on
the same subject prescribed by the state commissioner of health labor
and industry. No city or such town shall prohibit plumbers licensed by the
state commissioner of health labor and industry from engaging in
or working at the business, except cities and statutory cities which, prior to
April 21, 1933, by ordinance required the licensing of plumbers. 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. Any city by ordinance may prescribe
regulations, reasonable standards, and inspections and grant permits to any
person, firm, or corporation engaged in the business of installing water
softeners, who is not licensed as a master plumber or journeyman plumber by the
state commissioner of health labor and industry, 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 state commissioner of health
labor and industry.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1236
Sec.
3. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
Subdivision
1. License required; master and
journeyman plumbers. 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, (a) No person, firm, or corporation shall
engage in or work at the business of a master plumber or, restricted
master plumber, journeyman plumber, and restricted journeyman plumber
unless licensed to do so by the state commissioner of health labor
and industry. A license is not required 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 master plumber may
also work as a journeyman plumber, a restricted journeyman plumber, and a
restricted master plumber. A journeyman plumber may also work as a restricted
journeyman plumber. Anyone not so licensed may do plumbing work which
complies with the provisions of the minimum standard prescribed by the state
commissioner of health labor and industry 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.
In
any such city
(b) No person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and selling
of plumbing material and supplies unless at all times a licensed master
plumber, or in cities and towns with a population of fewer than 5,000
according to the federal census a restricted master plumber, who shall be
responsible for proper installation, is in charge of the plumbing work of the
person, firm, or corporation.
The
Department of Health Labor and Industry shall prescribe rules,
not inconsistent herewith, for the examination and licensing of plumbers.
Sec.
4. [326.402] RESTRICTED PLUMBER LICENSE.
Subdivision
1. Licensure. The commissioner
of labor and industry shall grant a restricted journeyman or master plumber
license to an individual if:
(1)
the individual completes an application with information required by the commissioner
of labor and industry;
(2)
the completed application is accompanied by a fee of $90;
(3)
the commissioner of labor and industry receives the completed application and
fee before January 1, 2008;
(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
(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 requirements of section 326.40.
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.
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.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1237
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.
Subd.
5. Prohibition of transference. A
restricted master plumber and restricted journeyman plumber license may not be
transferred or sold to any other person.
Subd.
6. Bond; insurance. A restricted
master 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.
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.
Sec.
5. REPEALER.
Minnesota
Statutes 2006, section 326.45, is repealed."
Delete
the title and insert:
"A
bill for an act relating to occupations; changing provisions for certain
plumber's licenses; adding a restricted plumber's license; amending Minnesota
Statutes 2006, sections 325E.37, subdivision 6; 326.38; 326.40, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 326; repealing Minnesota
Statutes 2006, section 326.45."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 766, A bill for an act relating to motor fuels; modifying definition of
ethanol blender; establishing specifications for two classes of
gasoline-ethanol blends; allowing ethanol blends approved by the United States
Environmental Protection Agency; directing state departments to further expand
gasoline-ethanol blend options for Minnesota consumers and facilitate the
installment of renewable fuel-blending pumps; updating superseded ASTM
specifications; synchronizing redundant ethanol-gasoline blend definitions and
specifications in statute; amending Minnesota Statutes 2006, sections 239.051,
subdivision 15; 239.761, subdivision 4, by adding subdivisions; 239.7911,
subdivision 2; 296A.01, subdivisions 2, 25.
Reported
the same back with the following amendments:
Page
1, after line 16, insert:
"Sec.
2. Minnesota Statutes 2006, section 239.761, subdivision 3, is amended to read:
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1238
Subd.
3. Gasoline. (a) Gasoline that is
not blended with ethanol must not be contaminated with water or other
impurities and must comply with ASTM specification D4814-04a
D4814-06a. Gasoline that is not blended with ethanol must also comply with
the volatility requirements in Code of Federal Regulations, title 40, part 80.
(b)
After gasoline is sold, transferred, or otherwise removed from a refinery or
terminal, a person responsible for the product:
(1)
may blend the gasoline with agriculturally derived ethanol as provided in
subdivision 4;
(2)
shall not blend the gasoline with any oxygenate other than denatured,
agriculturally derived ethanol;
(3)
shall not blend the gasoline with other petroleum products that are not
gasoline or denatured, agriculturally derived ethanol;
(4)
shall not blend the gasoline with products commonly and commercially known as
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline,
or natural gasoline; and
(5)
may blend the gasoline with a detergent additive, an antiknock additive, or an
additive designed to replace tetra-ethyl lead, that is registered by the
EPA."
Page
1, lines 24 and 26, delete "D4814-06" and insert "D4814-06a"
Page
2, after line 3, insert:
"Sec.
4. Minnesota Statutes 2006, section 239.761, subdivision 6, is amended to read:
Subd.
6. Gasoline blended with nonethanol
oxygenate. (a) A person responsible for the product shall comply with the
following requirements:
(1)
after July 1, 2000, gasoline containing in excess of one-third of one percent,
in total, of nonethanol oxygenates listed in paragraph (b) must not be sold or
offered for sale at any time in this state; and
(2)
after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed
in paragraph (b) must not be sold or offered for sale in this state.
(b)
The oxygenates prohibited under paragraph (a) are:
(1) methyl
tertiary butyl ether, as defined in section 296A.01, subdivision 34;
(2)
ethyl tertiary butyl ether, as defined in section 296A.01, subdivision 18; or
(3)
tertiary amyl methyl ether.
(c)
Gasoline that is blended with a nonethanol oxygenate must comply with ASTM
specification D4814-04a D4814-06a. Nonethanol oxygenates must not
be blended into gasoline after the gasoline has been sold, transferred, or
otherwise removed from a refinery or terminal."
Page
2, line 7, delete "may" and insert "must"
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1239
Page
2, line 21, before "If" insert "If a person
responsible for the product uses an ethanol-blending fuel dispenser to dispense
both gasoline blended with ethanol for use in alternative fuel vehicles and
gasoline blended with ethanol for use in standard combustion engines, the
person must ensure that the gasoline blended with ethanol for use in standard
combustion engines is dispensed from a fuel-dispensing hose and nozzle or other
conveyance dedicated solely to gasoline blended with ethanol for use in
standard combustion engines."
Page
3, line 5, before "blends" insert "and
diesel-biodiesel"
Page
3, after line 20, insert:
"Sec.
9. Minnesota Statutes 2006, section 296A.01, subdivision 23, is amended to
read:
Subd.
23. Gasoline. (a)
"Gasoline" means:
(1)
all products commonly or commercially known or sold as gasoline regardless of
their classification or uses, except casinghead gasoline, absorption gasoline, condensation
gasoline, drip gasoline, or natural gasoline that under the requirements of
section 239.761, subdivision 3, must not be blended with gasoline that has been
sold, transferred, or otherwise removed from a refinery or terminal; and
(2)
any liquid prepared, advertised, offered for sale or sold for use as, or
commonly and commercially used as, a fuel in spark-ignition, internal
combustion engines, and that when tested by the Weights and Measures Division
meets the specifications in ASTM specification D4814-04a D4814-06a.
(b)
Gasoline that is not blended with ethanol must not be contaminated with water
or other impurities and must comply with both ASTM specification D4814-04a
D4814-06a and the volatility requirements in Code of Federal Regulations, title
40, part 80.
(c)
After gasoline is sold, transferred, or otherwise removed from a refinery or
terminal, a person responsible for the product:
(1)
may blend the gasoline with agriculturally derived ethanol, as provided in
subdivision 24;
(2)
must not blend the gasoline with any oxygenate other than denatured,
agriculturally derived ethanol;
(3)
must not blend the gasoline with other petroleum products that are not gasoline
or denatured, agriculturally derived ethanol;
(4)
must not blend the gasoline with products commonly and commercially known as
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline,
or natural gasoline; and
(5)
may blend the gasoline with a detergent additive, an antiknock additive, or an
additive designed to replace tetra-ethyl lead, that is registered by the EPA.
Sec.
10. Minnesota Statutes 2006, section 296A.01, subdivision 24, is amended to
read:
Subd.
24. Gasoline blended with nonethanol
oxygenate. "Gasoline blended with nonethanol oxygenate" means
gasoline blended with ETBE, MTBE, or other alcohol or ether, except denatured
ethanol, that is approved as an oxygenate by the EPA, and that complies with
ASTM specification D4814-04a D4814-06a. Oxygenates, other than
denatured ethanol, must not be blended into gasoline after the gasoline has
been sold, transferred, or otherwise removed from a refinery or terminal."
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1240
Renumber
the sections in sequence and correct the internal references
Amend
the title as follows:
Page
1, line 2, delete everything after "fuels;"
Page
1, delete lines 3 to 7
Page
1, line 8, delete everything before "amending" and insert
"modifying motor fuel specifications, standards, and requirements;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 767, A bill for an act relating to public safety; appropriating money for
an offender reentry pilot project; requiring a report.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F. No.
904, A bill for an act relating to state lands; modifying land acquisition
requirements; modifying land owners' bill of rights; modifying recordation
requirements for mineral interests; adding to and deleting from state parks;
exempting certain exchanged land from the tax-forfeited land assurance fee;
authorizing certain leases of tax-forfeited lands; authorizing public and
private sales and conveyances of certain state lands; amending Minnesota
Statutes 2006, sections 84.0272, subdivision 3; 84.0274, subdivision 5; 93.55,
subdivision 1; Laws 2006, chapter 236, article 1, section 21.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1241
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 916, A bill for an act relating to child care; requiring inspections of
child care centers and homes; requiring reports; amending Minnesota Statutes
2006, sections 245A.04, subdivision 4; 245A.16, subdivision 1.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Eken from
the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 1016, A bill for an act relating to natural resources; providing for forest
pest control measures; amending Minnesota Statutes 2006, section 89.55.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 89.55, is amended to read:
89.55 INFESTATION CONTROL, COSTS.
Upon
the establishment of the zone of infestation, the commissioner may apply
measures of infestation control on public and private forest and other lands
within such an infected zone and to any trees, timber, plants or,
shrubs thereon, or contaminated soil harboring or which may
harbor the forest pests. For this purpose, the duly authorized representatives
of the commissioner are authorized to enter upon any lands, public or private
within such zone. The commissioner may enter into agreements with owners of the
lands in the zone covering the control work on their lands, and fixing the pro
rata basis on which the cost of such the work will be shared
between the commissioner and said owner.
Sec.
2. [89.551] APPROVED FIREWOOD
REQUIRED.
(a)
After the commissioner issues an order under paragraph (b), a person may not
possess firewood on land administered by the commissioner of natural resources
unless the firewood:
(1)
was obtained from a firewood distribution facility located on land administered
by the commissioner;
(2)
was obtained from a firewood dealer who is selling firewood that is approved by
the commissioner under paragraph (b); or
(3)
has been approved by the commissioner of natural resources under paragraph (b).
(b)
The commissioner of natural resources shall, by written order published in the
State Register, approve firewood for possession on lands administered by the
commissioner. The order is not subject to the rulemaking provisions of chapter
14 and section 14.386 does not apply.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1242
(c) A violation under this
section is subject to confiscation of firewood and after May 1, 2008,
confiscation and a $100 penalty. A firewood dealer shall be subject to
confiscation and assessed a $100 penalty for each sale of firewood not approved
under the provisions of this section and sold for use on land administered by
the commissioner.
(d) For the purposes of this
section, "firewood" means any wood that is intended for use in a
campfire, as defined in section 88.01, subdivision 25.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes
2006, section 239.092, is amended to read:
239.092 SALE FROM BULK.
(a) Bulk sales of
commodities, when the buyer and seller are not both present to witness the
measurement, must be accompanied by a delivery ticket containing the following
information:
(1) the name and address of
the person who weighed or measured the commodity;
(2) the date delivered;
(3) the quantity delivered;
(4) the count of
individually wrapped packages delivered, if more than one is included in the
quantity delivered;
(5) the quantity on which
the price is based, if different than the quantity delivered; and
(6) the identity of the
commodity in the most descriptive terms commercially practicable, including
representations of quality made in connection with the sale.
(b) This section is not
intended to conflict with the bulk sale requirements of the Department of
Agriculture. If a conflict occurs, the law and rules of the Department of
Agriculture govern.
(c) Firewood sold or
distributed across state boundaries or more than 100 miles from its origin must
include delivery ticket information regarding the harvest locations of the wood
by county and state.
Sec. 4. Minnesota Statutes
2006, section 239.093, is amended to read:
239.093 INFORMATION REQUIRED WITH PACKAGE.
(a) A package offered,
exposed, or held for sale must bear a clear and conspicuous declaration of:
(1) the identity of the
commodity in the package, unless the commodity can be easily identified through
the wrapper or container;
(2) the net quantity in
terms of weight, measure, or count;
(3) the name and address of
the manufacturer, packer, or distributor, if the packages were not produced on
the premises where they are offered, exposed, or held for sale; and
(4) the unit price, if the
packages are part of a lot containing random weight packages of the same
commodity.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1243
(b)
This section is not intended to conflict with the packaging requirements of the
Department of Agriculture. If a conflict occurs, the laws and rules of the
Department of Agriculture govern.
(c)
Firewood sold or distributed across state boundaries or more than 100 miles
from its origin must include information regarding the harvest locations of the
wood by county and state on each label or wrapper."
Delete
the title and insert:
"A
bill for an act relating to natural resources; providing for pest control
measures; requiring approved firewood on land administered by the commissioner
of natural resources; regulating sale and distribution of firewood; amending
Minnesota Statutes 2006, sections 89.55; 239.092; 239.093; proposing coding for
new law in Minnesota Statutes, chapter 89."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1043, A bill for an act relating to public safety; requiring predatory
offenders to register electronic mail addresses and related information to law
enforcement; amending Minnesota Statutes 2006, section 243.166, subdivision 4a.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1051, A bill for an act relating to state government; changing the state
Indian Affairs Council; amending Minnesota Statutes 2006, section 3.922.
Reported
the same back with the following amendments:
Page
2, delete line 2 and insert:
"(1)
one member of each of the following tribal sovereign nations, designated by the
elected tribal president or chairperson of the governing"
Page
2, line 3, after "of" insert a colon
Page
2, line 14, before "the directors" insert "(2)"
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1244
Page
2, line 17, before "a" insert "(3)"
Page
2, delete lines 31 to 32 and insert:
"(4)
three members of the house of representatives, including one member of the
largest minority caucus, appointed by the speaker; and
(5)
three members of the senate, including one member of the largest minority
caucus, appointed by its Subcommittee on Committees."
Page
3, line 4, delete the new language and insert "Only members of"
and after "council" insert "designated under clause (1)"
Page
3, line 20, strike "nonlegislator" and after "members"
insert "appointed under subdivision 1, clause (1),"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 1063, A bill for an act relating to environment; adopting the Uniform Environmental
Covenants Act; amending Minnesota Statutes 2006, sections 115.072; 115B.17,
subdivision 15; proposing coding for new law as Minnesota Statutes, chapter
114E.
Reported
the same back with the following amendments:
Page
3, line 7, after the period, insert "When the environmental agency is a
federal agency, the covenant must also be approved and signed by the state
environmental agency that has authority under state law to address the release
or threatened release involved in the environmental response project."
Page
3, line 34, delete the second "of" and insert "title
to"
Page
8, line 11, delete the second "of" and insert "title
to"
Page
9, after line 13, insert:
"(b)
The state environmental agency that signed the covenant may use any remedy or
enforcement measure provided in section 115.071, subdivisions 3 to 5, or
116.072 to remedy violations of a covenant. This paragraph does not limit the
state environmental agency from taking action to enforce the terms of a
covenant against a person required to comply with the covenant in connection
with that person's obligation to perform response actions or as a condition of
receiving a liability assurance with respect to a release or threatened release
of contaminants."
Page
9, line 14, delete "(b)" and insert "(c)"
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1245
Page
9, line 16, delete "(c)" and insert "(d)"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Environment and Natural Resources.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 1065, A bill for an act relating to veterans affairs; providing a health
screening benefit for eligible members of the armed forces; requiring
notification; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 197.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [197.08] HEALTH SCREENING TEST FOR
EXPOSURE TO DEPLETED URANIUM.
Subdivision
1. Definitions. (a) For purposes
of this section, the following definitions apply.
(b)
"Commissioner" means the commissioner of veterans affairs.
(c)
"Depleted uranium" means uranium containing less Uranium 235 than the
naturally occurring distribution of uranium isotopes.
(d)
"Eligible person" means a veteran or current member of the United
States armed forces, including the Minnesota National Guard and other reserves,
who has served in active military service as defined in section 190.05,
subdivision 5, at any time since August 2, 1990, and who is a Minnesota
resident.
(e)
"Veteran" has the meaning assigned in section 197.447.
Subd.
2. Health screening test. (a)
The following eligible persons have a right to a best practice health screening
test for exposure to depleted uranium:
(1)
those who have been assigned a risk level I or II for depleted uranium exposure
by the person's branch of service;
(2)
those who can provide to the satisfaction of the commissioner evidence of
exposure equivalent to an assigned risk of level I or II; and
(3)
those who provide evidence to the satisfaction of the commissioner of a medical
diagnosis of serious debilitating symptoms of nonspecific origin following
service in an area where depleted uranium ammunition was expended.
(b)
The commissioner, in consultation with the commissioner of health, must select
a test that utilizes a bioassay procedure involving sensitive methods capable
of detecting depleted uranium at low levels and the use of equipment with the
capacity to discriminate between different radioisotopes in naturally occurring
levels of uranium and the characteristic ratio and marker for depleted uranium.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1246
Subd.
3. Commissioner to provide for test.
The commissioner shall establish a method for administering the health
screening test described in subdivision 2.
Subd.
4. Notification of availability to those
eligible. The commissioner must make reasonable efforts to inform
all eligible persons of their potential right to the health screening test
described in subdivision 2.
Subd.
5. Random sample study. (a) In addition
to the testing required under subdivision 2, the commissioner shall select a
random sample containing ten percent of the eligible members who as Minnesota
residents have served for a period of 30 days or more within Iraq or
Afghanistan in support of contingency operations for Operation Iraqi Freedom or
Operation Enduring Freedom. Each eligible member who is selected into the
sample by the commissioner has the right to the same health screening test as
provided under subdivision 2. The commissioner must make a reasonable effort to
inform each selected person of that right, and must provide the person with a
reasonable opportunity to take the health screening test. The commissioner,
acting in accordance with the requirements of chapter 13, the Government Data
Practices Act, must statistically tabulate the results of the screening tests
for the selected sample and upon request must report those results to the
chairs and ranking minority members of the senate and house of representatives
committees responsible for military and veterans affairs.
(b)
The adjutant general of the Minnesota National Guard, and the senior officer of
each military reserve organization located within Minnesota shall assist the
commissioner with the sampling task by providing to the commissioner in a
timely manner a complete listing of the names, unit designations, and most
recent mailing addresses of their current and previous members who as Minnesota
residents have served for a period of 30 days or more in active military service
within Iraq or Afghanistan in support of contingency operations for Operation
Iraqi Freedom or Operation Enduring Freedom.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
2. APPROPRIATION.
$3,000,000
is appropriated from the general fund to the commissioner of veterans affairs
in fiscal year 2007 to implement section 1. Any balance remaining does not
expire and is available for this same purpose in fiscal year 2008."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 1087, A bill for an act relating to education; establishing a funding source
for a teacher residency program designed to prepare and support newly licensed
teachers to effectively teach a diverse student population; appropriating
money.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1247
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F. No.
1101, A bill for an act relating to agriculture; providing an exception to
recreational camping regulations for county fairgrounds; proposing coding for
new law in Minnesota Statutes, chapter 38.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1110, A bill for an act relating to elections; changing certain
definitions, voter registration procedures and requirements, filing
requirements, voting procedures, election day prohibitions, and ballot
preparation requirements; establishing a complaint and resolution process;
requiring certain notices; providing for assessment of certain costs; changing
a petition requirement; imposing penalties; appropriating money; amending
Minnesota Statutes 2006, sections 200.02, subdivisions 7, 23; 201.056; 201.061,
subdivision 1, by adding a subdivision; 201.071, subdivision 1; 201.091, by
adding a subdivision; 201.121, by adding a subdivision; 201.171; 204B.06,
subdivision 1; 204B.09, subdivision 1; 204B.11, subdivision 2; 204B.27, by
adding a subdivision; 204B.45, subdivision 1; 204C.06, subdivision 8; 204D.09,
subdivision 2; 204D.16; 205.16, subdivisions 2, 3; 205A.07, subdivision 2; 206.89, subdivision 1; 211A.05;
211B.37; 325L.03; 410.12, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 204B; repealing Minnesota Statutes 2006, sections
200.04; 201.061, subdivision 7.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 10A.14, subdivision 1, is amended to read:
Subdivision
1. First registration. The treasurer
of a political committee, political fund, principal campaign committee, or
party unit must register with the board by filing a statement of organization
no later than 14 days after the committee, fund, or party unit has made a
contribution, received contributions, or made expenditures in excess of $100,
or within 24 hours after it has received a loan or contribution that must be
reported under section 10A.20, subdivision 5, whichever is earlier. The 24-hour
registration requirement does not apply to the principal campaign committee of
a legislative candidate seeking to fill an unexpired term in a special election.
Sec.
2. Minnesota Statutes 2006, section 10A.20, subdivision 5, is amended to read:
Subd.
5. Preelection reports. Any loan,
contribution, or contributions to a political committee, political fund, or
party unit from any one source totaling $800 or more, or in a statewide
election any loan, contribution, or contributions to a candidate from
any one source totaling $2,000 $800 or more, or to a candidate
in any judicial district or legislative election totaling more than $400,
received between the last day covered in the last report before an election and
the election must be reported to the board in one of the following ways:
(1) in
person within 48 24 hours after its receipt;
(2)
by telegram or mailgram within 48 hours after its receipt;
(3)
by certified mail sent within 48 hours after its receipt; or
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1248
(4) (2) by electronic means sent within
48 24 hours after its receipt.
These
loans and contributions must also be reported in the next required report.
The 48-hour
24-hour notice requirement does not apply with respect to a primary in
which the statewide or legislative candidate is unopposed. The 24-hour
notice requirement also does not apply to principal campaign committees for
legislative candidates seeking to fill an unexpired term in a special election.
The
board must post the report on its Web site within 24 hours after it is received.
Sec.
3. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
Subd.
7. Major political party. (a)
"Major political party" means a political party that maintains a
party organization in the state, political division, or precinct in
question and that has presented at least one candidate for election to the
office of:
(1)
governor and lieutenant governor, secretary of state, state auditor, or
attorney general at the last preceding state general election for those
offices; or
(2) presidential
elector or U.S. senator at the last preceding state general election for
presidential electors; and
whose
candidate received votes in each county in that election and received votes
from not less than five percent of the total number of individuals who voted in
that election.
(b)
"Major political party" also means a political party that maintains a
party organization in the state, political subdivision, or precinct in question
and that has presented at least 45 candidates for election to the office of
state representative, 23 candidates for election to the office of state
senator, four candidates for election to the office of representative in
Congress, and one candidate for election to each of the following offices:
governor and lieutenant governor, attorney general, secretary of state, and
state auditor, at the last preceding state general election for those offices.
(c)
"Major political party" also means a political party that maintains a
party organization in the state, political subdivision, or precinct in question
and whose members present to the secretary of state at any time before the
close of filing for the state partisan primary ballot at least six weeks
before the start of the filing period a petition for a place on the state
partisan primary ballot, which petition contains signatures of a number of the
party members equal to at least five percent of the total number of individuals
who voted in the preceding state general election. The petition may be
circulated at any time after January 1 and more than six weeks before the start
of the filing period in the year the petition is submitted.
(d) A
political party whose candidate receives a sufficient number of votes at a
state general election described in paragraph (a) or a political party that
presents candidates at an election as required by paragraph (b) becomes a major
political party as of January 1 following that election and retains its major
party status for at least two state general elections even if the party fails
to present a candidate who receives the number and percentage of votes required
under paragraph (a) or fails to present candidates as required by paragraph (b)
at subsequent state general elections.
(e) A
major political party whose candidates fail to receive the number and
percentage of votes required under paragraph (a) and that fails to present
candidates as required by paragraph (b) at each of two consecutive state
general elections described by paragraph (a) or (b), respectively, loses major
party status as of December 31 following the later of the two consecutive state
general elections.
Journal of the House - 30th
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Sec. 4. Minnesota Statutes
2006, section 200.02, subdivision 23, is amended to read:
Subd. 23. Minor political party. (a) "Minor
political party" means a political party that has adopted a state
constitution, designated a state party chair, held a state convention in the
last two years, filed with the secretary of state no later than December 31
following the most recent state general election a certification that the party
has met the foregoing requirements, and met the requirements of paragraph (b)
or (e), as applicable.
(b) To be considered a minor
party in all elections statewide, the political party must have presented at
least one candidate for election to the office of:
(1) governor and lieutenant
governor, secretary of state, state auditor, or attorney general, at the last
preceding state general election for those offices; or
(2) presidential elector or
U.S. senator at the preceding state general election for presidential electors;
and
who received votes in each
county that in the aggregate equal at least one percent of the total number of
individuals who voted in the election, or its members must have presented to
the secretary of state at any time before the close of filing for the state
partisan primary ballot at least six weeks before the start of the filing
period a nominating petition in a form prescribed by the secretary of state
containing the signatures of party members in a number equal to at least one
percent of the total number of individuals who voted in the preceding state
general election. The petition may be circulated at any time after January 1
and more than six weeks before the start of the filing period in the year the
petition is submitted.
(c) A political party whose
candidate receives a sufficient number of votes at a state general election
described in paragraph (b) becomes a minor political party as of January 1
following that election and retains its minor party status for at least two
state general elections even if the party fails to present a candidate who
receives the number and percentage of votes required under paragraph (b) at
subsequent state general elections.
(d) A minor political party
whose candidates fail to receive the number and percentage of votes required
under paragraph (b) at each of two consecutive state general elections
described by paragraph (b) loses minor party status as of December 31 following
the later of the two consecutive state general elections.
(e) A minor party that
qualifies to be a major party loses its status as a minor party at the time it
becomes a major party. Votes received by the candidates of a major party must
be counted in determining whether the party received sufficient votes to
qualify as a minor party, notwithstanding that the party does not receive
sufficient votes to retain its major party status. To be considered a minor
party in an election in a legislative district, the political party must have
presented at least one candidate for a legislative office in that district who
received votes from at least ten percent of the total number of individuals who
voted for that office, or its members must have presented to the secretary of
state a nominating petition in a form prescribed by the secretary of state
containing the signatures of party members in a number equal to at least ten
percent of the total number of individuals who voted in the preceding state
general election for that legislative office.
Sec. 5. Minnesota Statutes
2006, section 201.016, subdivision 1a, is amended to read:
Subd. 1a. Violations; penalty. (a) The county
auditor shall mail a violation notice to any voter who the county auditor can
determine has voted in a precinct other than the precinct in using an
address at which the voter maintains does not maintain residence
on election day. The notice must be in the form provided by the secretary
of state. The county auditor shall also change the status of the voter in the
statewide registration system to "challenged" and the voter shall be
required to provide proof of residence to either the county auditor or to the
election judges in the voter's precinct before voting in the next election. Any
of the forms authorized by section 201.061 for registration at the polling
place may be used for this purpose.
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(b) A voter who votes in a
precinct other than the precinct in which the voter maintains residence after
receiving an initial violation notice as provided in this subdivision is guilty
of a petty misdemeanor.
(c) A voter who votes in a
precinct other than the precinct in which the voter maintains residence after
having been found to have committed a petty misdemeanor under paragraph (b) is
guilty of a misdemeanor.
(d) Reliance by the voter on
inaccurate information regarding the location of the voter's polling place
provided by the state, county, or municipality is an affirmative defense to a
prosecution under this subdivision.
Sec. 6. Minnesota Statutes
2006, section 201.056, is amended to read:
201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
An individual who is unable
to write the individual's name shall be required to sign a registration card
by making the individual's mark application in the manner provided by
section 645.44, subdivision 14. If the individual registers in person
and signs by making a mark, the clerk or election judge accepting the
registration shall certify the mark by signing the individual's name. If the
individual registers by mail and signs by making a mark, the mark shall
be certified by having a voter registered in the individual's precinct sign the
individual's name and the voter's own name and give the voter's own address.
Sec. 7. Minnesota Statutes
2006, section 201.061, subdivision 1, is amended to read:
Subdivision 1. Prior to election day. At any time
except during the 20 days immediately preceding any regularly scheduled
election, an eligible voter or any individual who will be an eligible voter at
the time of the next election may register to vote in the precinct in which the
voter maintains residence by completing a paper voter registration
application as described in section 201.071, subdivision 1, and submitting it
in person or by mail to the county auditor of that county or to the Secretary
of State's Office. If the individual has a Minnesota driver's license,
identification card, or learner's permit, the individual may register online
using the Web site maintained by the secretary of state. A registration
that is received no later than 5:00 p.m. on the 21st day preceding any election
shall be accepted. An improperly addressed or delivered registration
application shall be forwarded within two working days after receipt to the
county auditor of the county where the voter maintains residence. A state or
local agency or an individual that accepts completed voter registration
applications from a voter must submit the completed applications to the
secretary of state or the appropriate county auditor within ten business days
after the applications are dated by the voter.
For purposes of this
section, mail registration is defined as a voter registration application
delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
Sec. 8. Minnesota Statutes
2006, section 201.061, is amended by adding a subdivision to read:
Subd. 1b. Prohibited methods of compensation; penalty. (a) No
individual may be compensated for the solicitation, collection, or acceptance
of voter registration applications from voters for submission to the secretary
of state, a county auditor, or other local election official in a manner in
which payment is calculated by multiplying (1) either a set or variable payment
rate, by (2) the number of voter registration applications solicited,
collected, or accepted.
(b) No individual may be
deprived of compensation or have compensation automatically reduced exclusively
for failure to solicit, collect, or accept a minimum number of voter
registration applications and no individual may receive additional compensation
for reaching or exceeding a minimum number of voter registration applications.
(c) A person who violates
this subdivision is guilty of a petty misdemeanor.
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Sec.
9. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
Subd.
3. Election day registration. (a) An
individual who is eligible to vote may register on election day by appearing in
person at the polling place for the precinct in which the individual maintains
residence, by completing a registration application, making an oath in the form
prescribed by the secretary of state and providing proof of residence. An
individual may prove residence for purposes of registering by:
(1)
presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;
(2)
presenting any document approved by the secretary of state as proper
identification;
(3)
presenting one of the following:
(i) a current
valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared
under section 135A.17 and certified to the county auditor in the manner
provided in rules of the secretary of state; or
(ii) a
current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or
(4)
having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching
for a resident in the facility, sign an oath in the presence of the election
judge vouching that the voter or employee personally knows that the individual
is a resident of the precinct. A voter who has been vouched for on election day
may not sign a proof of residence oath vouching for any other individual on
that election day. A voter who is registered to vote in the precinct may sign
up to 15 proof-of-residence oaths on any election day. This limitation does not
apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording
the number of individuals for whom a voter signs proof-of-residence oaths on
election day. The form must include space for the maximum number of individuals
for whom a voter may sign proof-of-residence oaths. For each proof-of-residence
oath, the form must include a statement that the voter is registered to vote in
the precinct, personally knows that the individual is a resident of the
precinct, and is making the statement on oath. The form must include a space
for the voter's printed name, signature, telephone number, and address.
The
oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application and the information on the
oath must be recorded on the records of both the voter registering on election
day and the voter who is vouching for the person's residence, and entered into
the statewide voter registration system by the county auditor when the voter
registration application is entered into that system.
(b)
The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the
residential facility. The operator shall certify the list and provide it to the
appropriate county auditor no less than 20 days before each election for use in
election day registration.
(c)
"Residential facility" means transitional housing as defined in
section 256E.33, subdivision 1; a supervised living facility licensed by the
commissioner of health under section 144.50, subdivision 6; a nursing home as
defined in section 144A.01, subdivision 5; a residence registered with the
commissioner of health as a housing with services establishment as defined in
section 144D.01, subdivision 4; a veterans home operated by the board of
directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program
as defined in section 245A.02, subdivision 14; a residential facility for
persons with a developmental disability licensed by the commissioner of human
services under section 252.28; group residential housing as defined in section
256I.03, subdivision 3; a shelter for battered women as defined in section
611A.37, subdivision 4; or a supervised publicly or privately operated shelter
or dwelling designed to provide temporary living accommodations for the
homeless.
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(d)
For tribal band members, an individual may prove residence for purposes of
registering by:
(1)
presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the
Interior, that contains the name, address, signature, and picture of the
individual; or
(2)
presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the
Interior, that contains the name, signature, and picture of the individual and
also presenting one of the documents listed in Minnesota Rules, part 8200.5100,
subpart 2, item B.
(e) A
county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration
application.
Sec.
10. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to
read:
Subdivision
1. Form. A voter registration
application must be of suitable size and weight for mailing and contain
spaces for the following required information: voter's first name, middle name,
and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and
county of residence; voter's telephone number, if provided by the voter; date
of registration; current and valid Minnesota driver's license number or
Minnesota state identification number, or if the voter has no current and valid
Minnesota driver's license or Minnesota state identification, and the
last four digits of the voter's Social Security number; and voter's
signature. The registration application may include the voter's e-mail
address, if provided by the voter, and the voter's interest in serving as an
election judge, if indicated by the voter. The application must also contain
the following certification of voter eligibility:
"I
certify that I:
(1)
will be at least 18 years old on election day;
(2) am
a citizen of the United States;
(3)
will have resided in Minnesota for 20 days immediately preceding election day;
(4)
maintain residence at the address given on the registration form;
(5) am
not under court-ordered guardianship in which the court order revokes my right
to vote;
(6)
have not been found by a court to be legally incompetent to vote;
(7)
have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my
sentence; and
(8)
have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of
not more than $10,000, or both."
The
certification must include boxes for the voter to respond to the following
questions:
"(1)
Are you a citizen of the United States?" and
"(2)
Will you be 18 years old on or before election day?"
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And
the instruction:
"If
you checked 'no' to either of these questions, do not complete this form."
The
form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state.
Voter registration forms authorized by the National Voter Registration Act must
also be accepted as valid. The federal postcard application form must also be
accepted as valid if it is not deficient and the voter is eligible to register
in Minnesota.
An
individual may use a voter registration application to apply to register to
vote in Minnesota or to change information on an existing registration.
A
paper voter registration application must include space for the voter's
signature and be of suitable size and weight for mailing.
Sec.
11. Minnesota Statutes 2006, section 201.091, is amended by adding a
subdivision to read:
Subd.
5a. Registration verification to registered
voter. The secretary of state must provide for voter registration
verification to a registered voter on the secretary of state's Web site. An
individual must provide the individual's name, address, and date of birth when
requesting registration verification. If the verification information provided
completely matches an active registration record in the statewide registration
system, the individual must be informed that the individual is a registered
voter and provided with the individual's polling place location. If the
verification information provided does not completely match an active
registration record in the statewide registration system, the individual must
be informed that a registration record at the name and address provided cannot
be retrieved and advised to contact the county auditor or secretary of state
for further information.
Sec.
12. Minnesota Statutes 2006, section 201.121, is amended by adding a
subdivision to read:
Subd.
4. Biennial verification. At
least seven weeks before the state general election, the secretary of state
shall mail a nonforwardable notice about the upcoming election to every
registered voter in the state. The notice must include the voter's polling
place location and the legislative, congressional, county commissioner, and
school district in which the voter resides. It must also include information on
voting eligibility and how to register to vote on election day.
Sec.
13. Minnesota Statutes 2006, section 201.171, is amended to read:
201.171 POSTING VOTING HISTORY; FAILURE TO
VOTE; REGISTRATION REMOVED.
Within
six weeks after every election, the county auditor shall post the voting
history for every person who voted in the election. After the close of the
calendar year, the secretary of state shall determine if any registrants have
not voted during the preceding four six years. The secretary of
state shall perform list maintenance by changing the status of those
registrants to "inactive" in the statewide registration system. The
list maintenance performed must be conducted in a manner that ensures that the
name of each registered voter appears in the official list of eligible voters
in the statewide registration system. A voter must not be removed from the
official list of eligible voters unless the voter is not eligible or is not
registered to vote. List maintenance must include procedures for eliminating
duplicate names from the official list of eligible voters.
The
secretary of state shall also prepare a report to the county auditor containing
the names of all registrants whose status was changed to "inactive."
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Registrants whose status was
changed to "inactive" must register in the manner specified in
section 201.054 before voting in any primary, special primary, general, school
district, or special election, as required by section 201.018.
Although not counted in an
election, a late or rejected absentee or mail ballot must be
considered a vote for the purpose of continuing registration.
Sec. 14. Minnesota Statutes
2006, section 203B.07, subdivision 2, is amended to read:
Subd. 2. Design of envelopes. The return
envelope shall be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card application folded
along its perforations. The return envelope shall be designed to open on the
left-hand end. Notwithstanding any rule to the contrary, the return envelope
must be designed in one of the following ways:
(1) it must be of sufficient
size to contain an additional envelope that when sealed, conceals the
signature, identification, and other information; or
(2) it must provide an
additional flap that when sealed, conceals the signature, identification, and
other information. Election officials may open the flap or the additional
envelope at any time after receiving the returned ballot to inspect the
returned certificate for completeness or to ascertain other information. A certificate of eligibility
to vote by absentee ballot shall be printed on the back of the envelope. The
certificate shall contain a statement to be signed and sworn by the voter
indicating that the voter meets all of the requirements established by law for
voting by absentee ballot. The certificate shall also contain a statement
signed by a person who is registered to vote in Minnesota or by a notary public
or other individual authorized to administer oaths stating that:
(a) the ballots were
displayed to that individual unmarked;
(b) the voter marked the
ballots in that individual's presence without showing how they were marked, or,
if the voter was physically unable to mark them, that the voter directed
another individual to mark them; and
(c) if the voter was not
previously registered, the voter has provided proof of residence as required by
section 201.061, subdivision 3.
The county auditor or
municipal clerk shall affix first class postage to the return envelopes.
Sec. 15. Minnesota Statutes
2006, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible voter may vote
by absentee ballot during the 30 days before the election in the office of the
county auditor and at any other polling place designated by the county auditor.
The county auditor shall make such designations at least 90 days before the
election. At least one voting booth and at least one electronic ballot
marker in each polling place must be made available by the county auditor
for this purpose.
Sec. 16. Minnesota Statutes
2006, section 203B.12, subdivision 4, is amended to read:
Subd. 4. Placement in container; opening and
counting of ballots. The ballot envelopes from return envelopes marked
"Accepted" shall be placed by the election judges in a separate
absentee ballot container. The container and each ballot envelope may be opened
only after the last regular mail delivery by the United States postal
service noon on election day. The ballots shall then be initialed by
the election judges in the same manner as ballots delivered by them to voters
in person and shall be deposited in the appropriate ballot box.
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If
more than one ballot of any kind is enclosed in the ballot envelope, none of
the ballots of that kind shall be counted but all ballots of that kind shall be
returned in the manner provided by section 204C.25 for return of spoiled
ballots.
Sec.
17. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to
read:
Subdivision
1. Establishment. The governing body
of any county that has established a counting center as provided in section
206.85, subdivision 2, any municipality, or any school district may by
ordinance or resolution, authorize an absentee ballot board. The board shall
consist of a sufficient number of election judges appointed as provided in
sections 204B.19 to 204B.22.
Sec.
18. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to
read:
Subd.
2. Duties. The absentee ballot board
may do any of the following:
(a)
receive from each precinct in the municipality or school district all ballot
envelopes marked "Accepted" by the election judges; provided that the
governing body of a municipality or the school board of a school district may
authorize the board to examine all return absentee ballot envelopes and receive accept
or reject absentee ballots in the manner provided in section 203B.12;.
(b)
open and count the absentee ballots, tabulating the vote in a manner that indicates
each vote of the absentee voter and the total absentee vote cast for each
candidate or question in each precinct; or
(c)
report the vote totals tabulated for each precinct.
The
absentee ballot board may begin the process of examining the return envelopes
and marking them "accepted" or "rejected" at any time
during the 30 days before the election. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot
board shall provide the voter with a replacement absentee ballot and return
envelope in place of the spoiled ballot. The secretary of state shall
provide samples of the replacement ballot and return envelope for use by the county
auditor.
Sec.
19. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to
read:
Subdivision
1. Form of affidavit. An affidavit
of candidacy shall state the name of the office sought and, except as provided
in subdivision 4, shall state that the candidate:
(1) is
an eligible voter;
(2)
has no other affidavit on file as a candidate for any office at the same
primary or next ensuing general election, except that a candidate for soil and
water conservation district supervisor in a district not located in whole or in
part in Anoka, Hennepin, Ramsey, or Washington County, may also have on file an
affidavit of candidacy for mayor or council member of a statutory or home rule
charter city of not more than 2,500 population contained in whole or in part in
the soil and water conservation district or for town supervisor in a town of
not more than 2,500 population contained in whole or in part in the soil and
water conservation district; and
(3)
is, or will be on assuming the office, 21 years of age or more, and will have
maintained residence in the district from which the candidate seeks election
for 30 days before the general election.
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An affidavit
of candidacy must include a statement that the candidate's name as written on
the affidavit for ballot designation is the candidate's true name or the name
by which the candidate is commonly and generally known in the community.
An
affidavit of candidacy for partisan office shall also state the name of the
candidate's political party or political principle, stated in three words or
less. The affidavit of candidacy must include an original signature of the
candidate.
Sec.
20. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to
read:
Subdivision
1. Candidates in state and county
general elections. (a) Except as otherwise provided by this subdivision,
affidavits of candidacy and nominating petitions for county, state, and federal
offices filled at the state general election shall be filed not more than 70
days nor less than 56 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens
and the last day of the filing period.
(b)
Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to
administer oaths under section 358.10.
(c) This
provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are
certified under section 208.03. Other candidates for presidential electors may
file petitions on or before the state primary day pursuant to section 204B.07,
but no earlier than 70 days before the state primary. Nominating petitions
to fill vacancies in nominations shall be filed as provided in section 204B.13.
No affidavit or petition shall be accepted later than 5:00 p.m. on the last day
for filing.
(d)
Affidavits and petitions for county offices to be voted on in only
one county shall must be filed with the county auditor of that
county. Affidavits and petitions for federal offices to be voted on in
more than one county shall must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the
secretary of state or with the county auditor of the county in which the
candidate resides.
Sec.
21. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to
read:
Subd.
3. Write-in candidates. (a) A
candidate for county, state, or federal office who wants write-in
votes for the candidate to be counted must file a written request with the
filing office for the office sought no later than the fifth seventh day
before the general election. The filing officer shall provide copies of the
form to make the request.
(b) A
candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the
United States. The request must also include the name of at least one candidate
for presidential elector. The total number of names of candidates for
presidential elector on the request may not exceed the total number of
electoral votes to be cast by Minnesota in the presidential election.
(c) A
candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.
Sec.
22. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to
read:
Subd.
2. Petition in place of filing fee.
At the time of filing an affidavit of candidacy, a candidate may present a
petition in place of the filing fee. The petition may be circulated from the
date of precinct caucuses to the end of the period for filing affidavits of
candidacy. The petition may be signed by any individual eligible to vote
for the candidate. A nominating petition filed pursuant to section 204B.07 or
204B.13, subdivision 4, is effective as a petition in place of a filing fee if
the nominating petition includes a prominent statement informing the signers of
the petition that it will be used for that purpose.
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The
number of signatures on a petition in place of a filing fee shall be as
follows:
(a)
for a state office voted on statewide, or for president of the United States,
or United States senator, 2,000;
(b)
for a congressional office, 1,000;
(c) for
a county or legislative office, or for the office of district judge, 500; and
(d)
for any other office which requires a filing fee as prescribed by law,
municipal charter, or ordinance, the lesser of 500 signatures or five percent
of the total number of votes cast in the municipality, ward, or other election
district at the preceding general election at which that office was on the
ballot.
An
official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.
Sec.
23. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to
read:
Subdivision
1. Authority; location. The
governing body of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution a polling
place for each election precinct. Polling places must be designated and ballots
must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same day.
The polling place for a precinct in a city or in a school district located in
whole or in part in the metropolitan area defined by section 200.02,
subdivision 24, shall be located within the boundaries of the precinct or
within 3,000 feet one mile of one of those boundaries unless a
single polling place is designated for a city pursuant to section 204B.14,
subdivision 2, or a school district pursuant to section 205A.11. The polling
place for a precinct in unorganized territory may be located outside the
precinct at a place which is convenient to the voters of the precinct. If no
suitable place is available within a town or within a school district located
outside the metropolitan area defined by section 200.02, subdivision 24, then
the polling place for a town or school district may be located outside the town
or school district within five miles of one of the boundaries of the town or
school district.
Sec.
24. Minnesota Statutes 2006, section 204B.27, is amended by adding a
subdivision to read:
Subd.
12. Information to naturalized citizens.
Each month, the secretary of state shall obtain a list of the name and
residential address of each citizen newly naturalized in this state during the
previous month and shall mail to each person on the list information on
registering to vote and serving as an election judge.
Sec.
25. [204B.445] VOTER COMPLAINT AND
RESOLUTION PROCESS.
Subdivision
1. Scope. An eligible voter may
file a complaint to seek the resolution of any of the following conditions that
have occurred or are about to occur:
(1)
voter records in the statewide registration system are not maintained by the
secretary of state or a county auditor in the manner provided in chapter 201;
(2)
voters are unable to register to vote in the manner provided by section
201.061;
(3)
a voting system, including an electronic ballot marker, meeting the
requirements of section 206.80 is not available for use by voters either
casting an absentee ballot in person at the locations designated by the county
auditor or local election official, or for voting at any polling place on
election day; or
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(4)
the secretary of state, county auditor, or local election official has failed to
carry out a duty required by Title III of the Help America Vote Act of 2002.
A
complaint against a municipal or school district clerk must be filed with the
county auditor of the county in which the action has occurred or is about to
occur. A complaint against a county auditor must be filed with the secretary of
state. A complaint against the secretary of state must be filed with the Office
of Administrative Hearings. The secretary of state shall provide a standard
form for a complaint under this section. The form must provide space for the
complainant to specify the legal basis for the complaint. The proceedings
authorized by this section are not subject to the requirements of chapter 14.
Subd.
2. Notice of complaint. The
official with whom the complaint is filed must, within seven days after the
complaint was filed, provide written notice of the complaint, including a copy
of the complaint, to the official against whom the complaint has been made.
Subd.
3. Response. Within 14 days
after the notice of complaint is received, the official complained against must
respond in writing to the complainant and state the manner in which the
respondent proposes to resolve the complaint.
Subd.
4. Hearing. If the complainant
believes the response does not resolve the complaint, the complainant may file
with the official with whom the complaint was filed a request for a hearing.
The request must state the objection to the response and propose to resolve the
complaint in a way that is consistent with the Minnesota Election Law. The
official with whom the complaint was filed must rule on the complaint within 14
days after the hearing.
Subd.
5. Appeal. No later than 30 days
after the ruling, the complainant may appeal the ruling. If the complaint was
filed against a municipal clerk, school district clerk, or county auditor, the
appeal must be filed with the secretary of state. If the complaint was filed
against the secretary of state, the appeal must be filed with the Ramsey County
District Court. The appeal must be heard within 14 days. Upon hearing the
appeal, the secretary of state or district court may affirm, reverse, or modify
the ruling and give appropriate instructions, as needed, to the secretary of
state, county auditor, or local election official to resolve the complaint.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec.
26. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to
read:
Subd.
2. Procedure. Notice of the election
and the special mail procedure must be given at least six weeks prior to the
election. No earlier Not more than 20 30 days or
nor later than 14 days prior to the election, the auditor shall mail
ballots by nonforwardable mail to all voters registered in the town or
unorganized territory. No later than 14 days before the election, the
auditor must make a subsequent mailing of ballots to those voters who register
to vote after the initial mailing but before the 20th day before the election. Eligible
voters not registered at the time the ballots are mailed may apply for ballots
as provided in chapter 203B. Ballot return envelopes, with return postage
provided, must be preaddressed to the auditor or clerk and the voter may return
the ballot by mail or in person to the office of the auditor or clerk. The
auditor or clerk may appoint election judges to examine the return envelopes
and mark them "accepted" or "rejected" during the 30 days
before the election. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must be considered spoiled ballots
and the auditor or clerk shall provide the voter with a replacement ballot and
return envelope in place of the spoiled ballot. The costs of the mailing
shall be paid by the election jurisdiction in which the voter resides. Any ballot
received by 8:00 p.m. on the day of the election must be counted.
Journal of the House - 30th
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Sec.
27. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to
read:
Subdivision
1. Lingering near polling place. An
individual shall be allowed to go to and from the polling place for the purpose
of voting without unlawful interference. No one except an election official or
an individual who is waiting to register or to vote shall stand within 100 feet
of the entrance to a polling place. The entrance to a polling place is the
doorway or point of entry leading into the room or area where voting is
occurring building in which a polling place is located.
Sec.
28. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
to read:
Subd.
6. Cancellation. A special
election ordered by the governing body of the municipality on its own motion
under subdivision 1 may be canceled by motion of the governing body, but not
less than 46 days before the election.
Sec.
29. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
to read:
Subd.
7. Write-in candidates. A
candidate for a city office who wants write-in votes for the candidate to be
counted must file a written request with the filing officer for the office
sought no later than the seventh day before the general election. The filing
officer must provide copies of the form to make the request.
Sec.
30. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
Subd.
3. Sample ballot, posting. For every
municipal election, the municipal clerk shall at least four days two
weeks before the election post prepare a sample ballot for
each precinct in the municipality, make them available for public inspection in
the clerk's office for public inspection, and post a sample ballot in
each polling place on election day.
Sec.
31. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
Subd.
4. Notice to auditor. At least 53
days prior to every municipal election, the municipal clerk shall provide a
written notice to the county auditor, including the date of the election, the
offices to be voted on at the election, and the title and language for each
ballot question to be voted on at the election. Not less than 46 days before
the election, the municipal clerk must provide written notice to the county
auditor of any special election canceled under section 205.10, subdivision 6.
Sec.
32. Minnesota Statutes 2006, section 205A.05, is amended by adding a
subdivision to read:
Subd.
3. Cancellation. A special
election ordered by the school board on its own motion under subdivision 1 may
be canceled by motion of the school board, but not less than 46 days before the
election.
Sec.
33. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to
read:
Subd.
3. Notice to auditor. At least 53
days prior to every school district election, the school district clerk shall
provide a written notice to the county auditor of each county in which the
school district is located. The notice must include the date of the election,
the offices to be voted on at the election, and the title and language for each
ballot question to be voted on at the election. For the purposes of meeting the
timelines of this section, in a bond election, a notice, including a proposed
question, may be provided to the county auditor prior to receipt of a review
and comment from the commissioner of education and prior to actual initiation
of the election. Not less than 46 days before the election, the school
district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.
Journal of the House - 30th
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Sec.
34. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to
read:
Subd.
3a. Notice to commissioner of education.
At least 49 days prior to every school district election, under section
123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall
provide a written notice to the commissioner of education. The notice must
include the date of the election and the title and language for each ballot
question to be voted on at the election. Not less than 46 days before the
election, the school district clerk must provide a written notice to the
commissioner of education of any special election canceled under section
205A.05, subdivision 3. The certified vote totals for each ballot question
shall be provided in a written notice to the commissioner in a timely manner.
Sec.
35. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
Subd.
5. Voting system for disabled voters.
In federal and state elections held after December 31, 2005, and in
county, municipal city, and school district elections held after
December 31, 2007, and in township elections held after December 31, 2009,
the voting method used in each polling place must include a voting system that
is accessible for individuals with disabilities, including nonvisual
accessibility for the blind and visually impaired in a manner that provides the
same opportunity for access and participation, including privacy and
independence, as for other voters.
Sec.
36. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
Subdivision
1. Definition. For purposes of this
section "postelection review official" means the election
administration official who is responsible for the conduct of elections in a
precinct selected for review under this section. county auditor, unless
the county auditor designates the municipal clerk as the "postelection
review official" within 24 hours after the canvass of the state general
election.
Sec.
37. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
Subd.
5. Additional review. (a) If the
postelection review in one of the reviewed precincts reveals a
difference greater than one-half of one percent, or greater than two votes
in a precinct where 400 or fewer voters cast ballots, the postelection
review official must, within two days, conduct an additional review of the
races indicated in subdivision 3 in at least three precincts in the same
jurisdiction where the discrepancy was discovered. If all precincts in that
jurisdiction have been reviewed, the county auditor must immediately publicly
select by lot at least three additional precincts for review. The postelection
review official must complete the additional review within two days after the
precincts are selected and report the results immediately to the county
auditor. If the second review in any of the reviewed precincts also
indicates a difference in the vote totals compiled by the voting system that is
greater than one-half of one percent from the result indicated by the
postelection review, or greater than two votes in a precinct where 400 or
fewer voters cast ballots, the county auditor must conduct a review of the
ballots from all the remaining precincts in the county for the races
indicated in subdivision 3. This review must be completed no later than six
weeks after the state general election.
(b) If
the results from the countywide reviews from one or more counties comprising in
the aggregate more than ten percent of the total number of persons voting in
the election clearly indicate that an error in vote counting has occurred, the
postelection review official must conduct a manual recount of all the ballots
in the district for the affected office. The recount must be completed and the
results reported to the appropriate canvassing board no later than ten weeks
after the state general election.
Journal of the House - 30th
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Sec.
38. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to
read:
Subd.
2. Information required. The report
to be filed by a candidate or committee must include:
(1)
the name of the candidate or ballot question;
(2)
the printed name and, address, telephone number, signature,
and e-mail address, if available, of the person responsible for filing the
report;
(3)
the total amount of receipts and expenditures for the period from the last
previous report to five days before the current report is due;
(4)
the amount, date, and purpose for each expenditure; and
(5)
the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions
that in the aggregate are equal to or greater than $100, and the amount and
date of each contribution.
The filing officer must
restrict public access to the address of any individual who has made a
contribution equal to or greater than $100 and who has filed with the filing
officer a written statement signed by the individual that withholding the
individual's address from the financial report is required for the safety of
the individual or the individual's family.
Sec.
39. Minnesota Statutes 2006, section 211A.05, is amended to read:
211A.05 FAILURE TO FILE STATEMENT.
Subdivision
1. Penalty. A candidate who
intentionally fails to file a report required by section 211A.02 or a
certification required by this section is guilty of a misdemeanor. The
treasurer of a committee formed to promote or defeat a ballot question who
intentionally fails to file a report required by section 211A.02 or a
certification required by this section is guilty of a misdemeanor. Each
candidate or treasurer of a committee formed to promote or defeat a ballot
question shall certify to the filing officer that all reports required by
section 211A.02 have been submitted to the filing officer or that the candidate
or committee has not received contributions or made disbursements exceeding
$750 in the calendar year. The certification shall be submitted to the filing
officer no later than seven days after the general or special election. The
secretary of state shall prepare blanks for this certification. An officer who
issues a certificate of election to a candidate who has not certified that all
reports required by section 211A.02 have been filed is guilty of a misdemeanor.
Subd.
2. Notice of failure to file; penalty.
If a candidate or committee fails to file a report on the date it is due,
the filing officer shall immediately notify the candidate or committee of the
failure to file. If a report is not filed within ten days after the
notification is mailed, the filing officer shall file a complaint under section
211B.32. No later than four business days after the date on which a
report is due, the filing officer must send a notice by certified mail to any
individual who fails to file a statement required by this chapter. If an
individual fails to file a statement within ten business days after the notice
of failure to file was sent, the filing officer must impose a late filing fee
of $10 per day, not to exceed $200, commencing with the 11th day after the
notice was sent. If the individual fails to file the statement within 30 days
after the notice was sent, the filing officer must file a complaint under
section 211B.32 and the late filing fee must be made payable to the Office of
Administrative Hearings in lieu of any payment that would otherwise be assessed
to the county from which the complaint was filed.
Journal of the House - 30th
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Sec. 40. Minnesota Statutes
2006, section 211B.03, is amended to read:
211B.03 USE OF THE TERM REELECT.
(a) A person or candidate
may not use the term "reelect" in a campaign for elective office
unless the candidate is the incumbent of that office. If the incumbent is
seated in that office but was not elected to the office in a general or special
election, the incumbent may not use the term "reelect."
(b) In the event of
redistricting, a person or candidate may not, in the event of redistricting,
use the term "reelect" in a campaign for elective office unless the
candidate is the incumbent of that office and the office represents any part of
the new district.
(c) For purposes of this
section, "incumbent" means the individual currently seated in the
office for which the election will be held, as of the last day of filing as a
candidate for election to that office.
Sec. 41. Minnesota Statutes
2006, section 211B.11, subdivision 1, is amended to read:
Subdivision 1. Soliciting near polling places. A
person may not display campaign material, post signs, ask, solicit, or in any
manner try to induce or persuade a voter within a polling place or within 100
feet of the building in which a polling place is situated, or anywhere on
the public property on which a polling place is situated located, on
primary or election day to vote for or refrain from voting for a candidate or
ballot question. A person may not provide political badges, political buttons,
or other political insignia to be worn at or about the polling place on the day
of a primary or election. A political badge, political button, or other
political insignia may not be worn at or about the polling place on primary or
election day. This section applies to areas established by the county auditor
or municipal clerk for absentee voting as provided in chapter 203B.
The secretary of state,
county auditor, municipal clerk, or school district clerk may provide stickers
which contain the words "I VOTED" and nothing more. Election judges
may offer a sticker of this type to each voter who has signed the polling place
roster.
Sec. 42. Minnesota Statutes
2006, section 325L.03, is amended to read:
325L.03 SCOPE.
(a) Except as otherwise
provided in paragraphs (b) and (e), this chapter applies to electronic records
and electronic signatures relating to a transaction.
(b) This chapter does not
apply to a transaction to the extent it is governed by:
(1) the Uniform Commercial
Code other than section 336.1-306, article 2, and article 2A; and
(2) section 145C.03,
subdivision 1, relating to requirements for creation of a health care
directive; section 507.24, relating to requirements for recording any
conveyance, power of attorney, or other instrument affecting real estate;
section 523.23, subdivision 3, relating to requirements for creation of a
statutory short form power of attorney; and section 253B.03, subdivision 6b,
relating to requirements for creation of a declaration of preferences or
instructions regarding intrusive mental health treatment.
(c) This chapter applies to
an electronic record or electronic signature otherwise excluded from the
application of this chapter under paragraph (b) to the extent it is governed by
a law other than those specified in paragraph (b).
(d) A transaction subject to
this chapter is also subject to other applicable substantive law.
Journal of the House - 30th
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(e)
This chapter does not apply to the creation and execution of wills, codicils,
or trusts other than trusts relating to the conduct of business, commercial, or
governmental purposes.
(f)
This chapter does not apply to affidavits of candidacy relating to the conduct
of elections.
Sec.
43. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to
read:
Subdivision
1. Option for filling vacancies; election
in 30 to 60 days. Except as provided in subdivision 3, a vacancy in the
office of county commissioner shall may be filled as provided
in this subdivision and subdivision 2, or as provided in subdivision 4. If the
vacancy is to be filled under this subdivision and subdivision 2, it must be
filled at a special election not less than 30 nor more than 60 90
days after the vacancy occurs. The special primary or special election may be
held on the same day as a regular primary or regular election but the special
election shall be held not less than 14 days after the special primary. The
person elected at the special election shall take office immediately after
receipt of the certificate of election and upon filing the bond and taking the
oath of office and shall serve the remainder of the unexpired term. If the
county has been reapportioned since the commencement of the term of the vacant
office, the election shall be based on the district as reapportioned.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
44. Minnesota Statutes 2006, section 375.101, is amended by adding a
subdivision to read:
Subd.
4. Option for filling vacancies;
appointment. Except as provided in subdivision 3, and as an
alternative to the procedure provided in subdivisions 1 and 2, any other
vacancy in the office of county commissioner may be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a
resolution entered in the minutes and shall continue until an election is held
under this subdivision. All elections to fill vacancies shall be for the unexpired
term. If the vacancy occurs before the first day to file affidavits of
candidacy for the next county general election and more than two years remain
in the unexpired term, a special election shall be held in conjunction with the
county general election. The appointed person shall serve until the
qualification of the successor elected to fill the unexpired part of the term
at that special election. If the vacancy occurs on or after the first day to
file affidavits of candidacy for the county general election, or when less than
two years remain in the unexpired term, there shall be no special election to
fill the vacancy and the appointed person shall serve the remainder of the
unexpired term and until a successor is elected and qualifies at the county
general election.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
45. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
Subdivision
1. Proposals. The charter commission
may propose amendments to such charter and shall do so upon the petition of
voters equal in number to five percent of the total votes cast at the last
previous state general election in the city. Proposed charter amendments must
be submitted at least 12 weeks before the general election. Petitions may be
signed no earlier than 26 weeks before the general election. Only
registered voters are eligible to sign the petition. All petitions circulated
with respect to a charter amendment shall be uniform in character and shall
have attached thereto the text of the proposed amendment in full; except that
in the case of a proposed amendment containing more than 1,000 words, a true
and correct copy of the same may be filed with the city clerk, and the petition
shall then contain a summary of not less than 50 nor more than 300 words
setting forth in substance the nature of the proposed amendment. Such summary
shall contain a statement of the objects and purposes of the amendment proposed
and an outline of any proposed new scheme or frame work of government and shall
be sufficient to inform the signers of the petition as to what change in
government is sought to be accomplished by the amendment. The summary, together
with a copy of the proposed amendment, shall first be submitted to the charter
commission for its approval as to form and substance. The commission shall
within ten days after such submission to it, return the same to the proposers
of the amendment with such modifications in statement as it may deem necessary
in order that the summary may fairly comply with the requirements above set
forth.
Journal of the House - 30th
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Sec. 46. Minnesota Statutes
2006, section 447.32, subdivision 4, is amended to read:
Subd. 4. Candidates; ballots; certifying election.
A person who wants to be a candidate for the hospital board shall file an
affidavit of candidacy for the election either as member at large or as a
member representing the city or town where the candidate resides. The affidavit
of candidacy must be filed with the city or town clerk not more than 70 days
nor less than 56 days before the first Tuesday after the first Monday in
November of the year in which the general election is held. The city or town
clerk must forward the affidavits of candidacy to the clerk of the hospital
district or, for the first election, the clerk of the most populous city or
town immediately after the last day of the filing period. A candidate may
withdraw from the election by filing an affidavit of withdrawal with the clerk
of the district no later than 5:00 p.m. two days after the last day to file
affidavits of candidacy. A candidate for a hospital district office who
wants write-in votes for the candidate to be counted must file a written
request with the filing officer for the office sought no later than the seventh
day before the general election. The filing officer must provide copies of the
form to make the request.
Voting must be by secret
ballot. The clerk shall prepare, at the expense of the district, necessary
ballots for the election of officers. Ballots must be printed on tan paper and
prepared as provided in the rules of the secretary of state. The ballots must
be marked and initialed by at least two judges as official ballots and used exclusively
at the election. Any proposition to be voted on may be printed on the ballot
provided for the election of officers. The hospital board may also authorize
the use of voting systems subject to chapter 206. Enough election judges may be
appointed to receive the votes at each polling place. The election judges shall
act as clerks of election, count the ballots cast, and submit them to the board
for canvass.
After canvassing the
election, the board shall issue a certificate of election to the candidate who
received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified
mail. Each person certified shall file an acceptance and oath of office in
writing with the clerk within 30 days after the date of delivery or mailing of
the certificate. The board may fill any office as provided in subdivision 1 if
the person elected fails to qualify within 30 days, but qualification is
effective if made before the board acts to fill the vacancy.
Sec. 47. APPROPRIATION.
$....... in fiscal year 2008
and $....... in fiscal year 2009 are appropriated from the general fund to the
secretary of state for the purpose of implementing sections 1 to 48.
Sec. 48. REPEALER.
Minnesota Statutes 2006,
sections 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; and
203B.13, subdivision 3a, are repealed."
Delete the title and insert:
"A
bill for an act relating to elections; changing certain definitions, voter registration
procedures and requirements, filing requirements, voting procedures, election
day prohibitions, and ballot preparation requirements; establishing a complaint
and resolution process; requiring certain notices; providing for assessment of
certain costs; changing a petition requirement; imposing penalties;
appropriating money; amending Minnesota Statutes 2006, sections 10A.14,
subdivision 1; 10A.20, subdivision 5; 200.02, subdivisions 7, 23; 201.016,
subdivision 1a; 201.056; 201.061, subdivisions 1, 3, by adding a subdivision;
201.071, subdivision 1; 201.091, by adding a subdivision; 201.121, by adding a
subdivision; 201.171; 203B.07, subdivision 2; 203B.081; 203B.12, subdivision 4;
203B.13, subdivisions 1, 2; 204B.06, subdivision 1; 204B.09, subdivisions 1, 3;
204B.11, subdivision 2; 204B.16, subdivision 1; 204B.27, by adding a
subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 205.10, by adding
a subdivision; 205.13, by adding a subdivision; 205.16, subdivisions 3, 4;
205A.05, by adding a subdivision;
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1265
205A.07, subdivisions 3, 3a;
206.57, subdivision 5; 206.89, subdivisions 1, 5; 211A.02, subdivision 2;
211A.05; 211B.03; 211B.11, subdivision 1; 325L.03; 375.101, subdivision 1, by
adding a subdivision; 410.12, subdivision 1; 447.32, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 204B; repealing Minnesota
Statutes 2006, sections 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision
1a; 203B.13, subdivision 3a."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 1116, A bill for an act relating to game and fish; modifying definitions;
providing for and modifying certain fees; modifying provisions for taking
animals causing damage; modifying license and stamp provisions; modifying
certain possession and taking restrictions; providing for an apprentice hunter
validation; providing criminal and civil penalties; amending Minnesota Statutes
2006, sections 97A.015, by adding subdivisions; 97A.045, by adding a
subdivision; 97A.401, subdivision 5; 97A.405, subdivisions 2, 4; 97A.421, by
adding a subdivision; 97A.451, subdivision 3; 97A.465, by adding a subdivision;
97A.475, subdivisions 2, 3; 97A.505, subdivision 4; 97A.511; 97B.020; 97B.075;
97B.301, subdivision 7; 97B.715, subdivision 1; 97B.801; 97B.928, subdivision
1; 97C.081, subdivision 3; 97C.325; 97C.355, subdivision 8; proposing coding
for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes
2006, sections 97A.475, subdivision 38; 97C.365.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 97A.015, is amended by adding a subdivision
to read:
Subd.
26c. Immediately released or immediately
returned to the water. "Immediately released" or
"immediately returned to the water" means that a fish must not be
retained longer than is needed at the site of capture to unhook, identify,
measure, or photograph the fish. Placing a fish on a stringer, in a live well,
or in a cooler, bucket, or other container is not "immediately
released" or "immediately returned to the water."
Sec.
2. Minnesota Statutes 2006, section 97A.015, subdivision 24, is amended to
read:
Subd.
24. Game birds. "Game
birds" means migratory waterfowl, ring-necked pheasant, ruffed
grouse, sharp-tailed grouse, Canada spruce grouse, prairie chickens, gray
partridge, bob-white quail, wild turkeys, coots, gallinules, sora and
Virginia rails, mourning dove, American woodcock, and common snipe.
Sec.
3. Minnesota Statutes 2006, section 97A.045, is amended by adding a subdivision
to read:
Subd.
12. Establishing fees. Notwithstanding
section 16A.1283, the commissioner may, by written order published in the State
Register, establish fees providing for the use of state wildlife management
area or aquatic management area lands for specific purposes, including dog
trials; special events; and commercial uses. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
Sec.
4. Minnesota Statutes 2006, section 97A.401, subdivision 5, is amended to read:
Subd.
5. Wild animals damaging property.
Special permits may be issued with or without a fee to take protected wild
animals that are damaging property or to remove or destroy their dens,
nests, eggs, houses, or dams for the purpose of preventing or
reducing damage or injury to people, property, agricultural crops, or other
interests.
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The commissioner may
prescribe rules for taking Canada geese and their nests and eggs, with or
without a permit, consistent with federal regulations. A special permit issued
under this subdivision to take beaver must state the number to be taken.
Sec.
5. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read:
Subd.
2. Personal possession. (a) A person
acting under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if
the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation, if the license has been sold
to the person by electronic means but the actual license has not been issued
and received.
(b) If
possession of a license or a license identification number is required, a
person must exhibit, as requested by a conservation officer or peace officer,
either: (1) the proper license if the license has been issued to and received
by the person; or (2) the proper license identification number or stamp
validation and a valid state driver's license, state identification card, or
other form of identification provided by the commissioner, if the license has
been sold to the person by electronic means but the actual license has not been
issued and received.
(c) If
the actual license has been issued and received, a receipt for license fees, a copy
of a license, or evidence showing the issuance of a license, including the
license identification number or stamp validation, does not entitle a licensee
to exercise the rights or privileges conferred by a license.
(d) A
license or stamp issued electronically and not immediately provided to
the licensee shall be mailed to the licensee within 30 days of purchase of the
license or stamp validation, except for a pictorial turkey stamp or a
pictorial trout and salmon stamp. A pictorial turkey stamp or a pictorial,
migratory waterfowl, pheasant, or trout and salmon stamp shall be mailed
provided to the licensee after purchase of a license or stamp
validation only if the licensee pays an additional $2 fee.
Sec.
6. Minnesota Statutes 2006, section 97A.405, subdivision 4, is amended to read:
Subd.
4. Replacement licenses. (a) The
commissioner may permit licensed deer hunters to change zone, license, or
season options. The commissioner may issue a replacement license if the
applicant submits the original deer license and unused tags that are being
replaced and the applicant pays any increase in cost between the original and
the replacement license. A refund of the difference in fees may be issued
when a person changes from a regular deer license to a youth deer license. When
a person submits both an archery and a firearms license for replacement, the
commissioner may apply the value of both licenses towards the replacement
license fee.
(b) A
replacement license may be issued only if the applicant has not used any tag
from the original license or licenses and meets the conditions of
paragraph (c). The original license or licenses and all unused tags for
that license for the licenses being replaced must be submitted to
the issuing agent at the time the replacement license is issued.
(c) A
replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1)
when the season for the license being surrendered has not yet opened; or
(2)
when the person is upgrading from a regular firearms or archery deer license to
a multizone or an all season deer license.;
(3)
when the person is upgrading from a regular firearms license to a multizone
deer license; or
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(4)
when the person is changing from a regular firearms deer license to a youth
deer license.
(d)
Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that
time.
Sec.
7. Minnesota Statutes 2006, section 97A.421, is amended by adding a subdivision
to read:
Subd.
7. Taking wild animals while privileges are
suspended. A person who takes a protected wild animal during the
time the person is prohibited from obtaining a license to take that animal
under this section is guilty of a misdemeanor.
Sec.
8. Minnesota Statutes 2006, section 97A.441, subdivision 7, is amended to read:
Subd.
7. Owners or tenants of agricultural
land. (a) The commissioner may issue, without a fee, a license to take an
antlerless deer to a person who is an owner or tenant and is living and
actively farming on of at least 80 acres of agricultural land, as
defined in section 97B.001, in deer permit areas that have deer archery
licenses to take additional deer under section 97B.301, subdivision 4. A person
may receive only one license per year under this subdivision. For properties
with co-owners or cotenants, only one co-owner or cotenant may receive a
license under this subdivision per year. The license issued under this
subdivision is restricted to land leased for agricultural purposes or owned by
the holder of the license within the permit area where the qualifying land is
located. The holder of the license may transfer the license to the holder's
spouse or dependent. Notwithstanding sections 97A.415, subdivision 1, and
97B.301, subdivision 2, the holder of the license may purchase an additional
license for taking deer and may take an additional deer under that license.
(b) A
person who obtains a license under paragraph (a) must allow public deer hunting
on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license
issued under section 97A.475, subdivision 2, clauses (4) and (13).
Sec.
9. Minnesota Statutes 2006, section 97A.451, subdivision 3, is amended to read:
Subd.
3. Residents under age 16; small game.
(a) A resident under age 16 may not obtain a small game license but may take
small game by firearms or bow and arrow without a license if the resident is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian; or
(3)
age 13, 14, or 15, possesses an apprentice hunter validation, and is
accompanied by a parent or guardian who possesses a small game license that was
not obtained using an apprentice hunter validation; or
(3) (4) age 12 or under and is
accompanied by a parent or guardian.
(b) A
resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license.
A resident under age 13 may trap without a trapping license, but may not
register fisher, otter, bobcat, or pine marten unless the resident is at least
age five. Any fisher, otter, bobcat, or pine marten taken by a resident under
age five must be included in the limit of the accompanying parent or guardian.
(c) A
resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
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Sec.
10. Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to
read:
Subd.
3a. Nonresidents under age 16
18; small game. (a) A nonresident under age 16 18 may
obtain a small game license at the resident fee under section 97A.475,
subdivision 2, clause (2), if the nonresident:
(1)
possesses a firearms safety certificate; or
(2) if
age 13 or under, is accompanied by a parent or guardian when purchasing the
license.
(b) A
nonresident age 13 or under must be accompanied by a parent or guardian to take
small game. A nonresident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take small game.
Sec.
11. Minnesota Statutes 2006, section 97A.465, is amended by adding a
subdivision to read:
Subd.
1a. Spouses of residents on active military
duty. Notwithstanding section 97A.405, subdivision 5, the spouse of
a resident who is on active military duty may obtain resident hunting and
fishing licenses.
Sec.
12. Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to
read:
Subd.
3. Lifetime small game hunting license;
fee. (a) A resident lifetime small game hunting license authorizes a person
to hunt and trap small game in the state. The license authorizes those
hunting and trapping activities authorized by the annual resident small
game hunting license and trapping licenses. The license does not
include a turkey stamp validation or any other hunting stamps required by law.
(b)
The fees for a resident lifetime small game hunting license are:
(1)
age 3 and under, $217;
(2)
age 4 to age 15, $290;
(3)
age 16 to age 50, $363; and
(4)
age 51 and over, $213.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies retroactively to
licenses issued after February 28, 2001.
Sec.
13. Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to
read:
Subd.
5. Lifetime sporting license; fee.
(a) A resident lifetime sporting license authorizes a person to take fish by
angling and hunt and trap small game in the state. The license
authorizes those activities authorized by the annual resident angling and,
resident small game hunting, and resident trapping licenses. The license
does not include a trout and salmon stamp validation, a turkey stamp
validation, or any other hunting stamps required by law.
(b)
The fees for a resident lifetime sporting license are:
(1)
age 3 and under, $357;
(2)
age 4 to age 15, $480;
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(3)
age 16 to age 50, $613; and
(4)
age 51 and over, $413.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies retroactively to
licenses issued after February 28, 2001.
Sec. 14.
Minnesota Statutes 2006, section 97A.475, subdivision 2, is amended to read:
Subd.
2. Resident hunting. Fees for the
following licenses, to be issued to residents only, are:
(1)
for persons age 18 or over and under age 65 to take small game, $12.50;
(2)
for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) to
take turkey, $18;
(4)
for persons age 18 or over to take deer with firearms, $26;
(5)
for persons age 18 or over to take deer by archery, $26;
(6) to
take moose, for a party of not more than six persons, $310;
(7) to
take bear, $38;
(8) to
take elk, for a party of not more than two persons, $250;
(9)
multizone license to take antlered deer in more than one zone, $52;
(10)
to take Canada geese during a special season, $4;
(11)
all season license to take two three deer throughout the state in
any open deer season, except as restricted under section 97B.305, $78;
(12)
to take prairie chickens, $20;
(13) for
persons at least age 12 and under age 18 to take deer with firearms during the
regular firearms season in any open zone or time period, $13; and
(14)
for persons at least age 12 and under age 18 to take deer by archery, $13.
Sec.
15. Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to
read:
Subd.
3. Nonresident hunting. Fees for the
following licenses, to be issued to nonresidents, are:
(1) for
persons age 18 and older to take small game, $73;
(2) for
persons age 18 and older to take deer with firearms, $135;
(3) for
persons age 18 and older to take deer by archery, the greater of:
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(i)
an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of
residence; or
(ii) $135;
(4) to
take bear, $195;
(5) to
take turkey, $73;
(6) to
take raccoon, bobcat, fox, or coyote, $155;
(7) multizone
license to take antlered deer in more than one zone, $270; and
(8) to
take Canada geese during a special season, $4.;
(9)
for persons at least age 12 and under age 18 to take deer with firearms during
the regular firearms season in any open zone or time period, $13; and
(10)
for persons at least age 12 and under age 18 to take deer by archery, $13.
Sec.
16. Minnesota Statutes 2006, section 97A.475, subdivision 6, is amended to
read:
Subd.
6. Resident fishing. Fees for the
following licenses, to be issued to residents only, are:
(1) to
take fish by angling or by spearing from a dark house, $17;
(2) to
take fish by angling, for a combined license for a married couple, $25; and
(3) to
take fish by spearing from a dark house, $17; and
(4) to take fish by angling for
a 24-hour period selected by the licensee, $8.50.
Sec.
17. Minnesota Statutes 2006, section 97A.505, subdivision 4, is amended to
read:
Subd.
4. Storage of protected wild animals.
A person that stores protected wild animals for others must plainly mark the
package, in ink, with the name and address of the owner, the license number of
the person taking the animal, and the number and species in the package. A
person may not use a commercial cold storage warehouse for protected wild animals,
except lawfully taken fish and furs.
Sec.
18. Minnesota Statutes 2006, section 97A.511, is amended to read:
97A.511 FUR-BEARING ANIMALS.
The
skins of fur-bearing animals and the flesh of beaver, muskrat, raccoon, rabbits
and hares, legally taken and bearing the required seals or tags required by the
game and fish laws, may be bought, sold, and transported at any time. The
flesh of beaver, raccoon, rabbits, and hare may not be transported out of the
state.
Sec.
19. Minnesota Statutes 2006, section 97B.015, is amended by adding a
subdivision to read:
Subd.
5a. Exemption for military personnel.
Notwithstanding subdivision 5, a person who has successfully completed basic
training in the United States armed forces is exempt from the range and
shooting exercise portion of the required course of instruction for the
firearms safety certificate. The commissioner may require written proof of
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the person's military
training, as deemed appropriate for implementing this subdivision. The
commissioner shall publicly announce this exemption from the range and shooting
exercise requirement and the availability of the department's online, remote
study option for adults seeking firearms safety certification. Military
personnel are not exempt from any other requirement of this section for
obtaining a firearms safety certificate.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to applications for
certificates made on or after that date.
Sec.
20. Minnesota Statutes 2006, section 97B.020, is amended to read:
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
(a)
Except as provided in this section and section 97A.451, subdivision 3a, a
person born after December 31, 1979, may not obtain an annual license to take
wild animals by firearms unless the person has:
(1) a
firearms safety certificate or equivalent certificate;
(2) a driver's
license or identification card with a valid firearms safety qualification
indicator issued under section 171.07, subdivision 13;
(3) a
previous hunting license with a valid firearms safety qualification indicator; or
(4)
an apprentice hunter validation issued under section 97B.022; or
(4) (5) other evidence indicating
that the person has completed in this state or in another state a hunter safety
course recognized by the department under a reciprocity agreement or certified
by the department as substantially similar.
(b) A
person who is on active duty and has successfully completed basic training in
the United States armed forces, reserve component, or National Guard may obtain
a hunting license or approval authorizing hunting regardless of whether the
person is issued a firearms safety certificate.
(c) A
person born after December 31, 1979, may not use a lifetime license to take
wild animals by firearms, unless the person meets the requirements for
obtaining an annual license under paragraph (a) or (b).
Sec.
21. [97B.022] APPRENTICE HUNTER
VALIDATION.
Subdivision
1. Definition. For the purpose
of this section, "accompanied" means to stay within a distance of
another person that permits uninterrupted visual contact and unaided verbal
communication.
Subd.
2. Apprentice hunter validation
requirements. A resident born after December 31, 1979, who is age 12
or older and who does not possess a firearms safety certificate may be issued
an apprentice hunter validation. An apprentice hunter validation is valid for
only one license year in a lifetime. An individual in possession of an
apprentice hunter validation may hunt small game and deer only when accompanied
by an adult licensed to hunt in Minnesota whose license was not obtained using
an apprentice hunter validation. An apprentice hunter validation holder must
obtain all required licenses and stamps.
Sec.
22. Minnesota Statutes 2006, section 97B.031, subdivision 1, is amended to
read:
Subdivision
1. Firearms and ammunition that may be
used to take big game. (a) A person may take big game with a firearm only
if:
(1)
the rifle, shotgun, and handgun used is a caliber of at least .23 inches;
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(2) the
firearm is loaded only with single projectile ammunition;
(3) a
projectile used is a caliber of at least .23 inches and has a soft point or is
an expanding bullet type;
(4)
the ammunition has a case length of at least 1.285 inches;
(5)
the muzzle-loader used is incapable of being loaded at the breech;
(6)
the smooth-bore muzzle-loader used is a caliber of at least .45 inches; and
(7)
the rifled muzzle-loader used is a caliber of at least .40 inches.
(b)
Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45
Winchester Magnum cartridge, or a .50 A. E. (Action
Express) handgun cartridge, or a 56-46 Spencer, 56-50 Spencer, or 56-56
Spencer cartridge.
Sec.
23. Minnesota Statutes 2006, section 97B.035, is amended by adding a
subdivision to read:
Subd.
1a. Minimum draw weight. A bow
used to take big game must have a pull that meets or exceeds 30 pounds at or
before full draw.
Sec.
24. Minnesota Statutes 2006, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING
AND MORNING.
(a) A
person may not take protected wild animals, except raccoon and fox, with a
firearm between the evening and morning times established by commissioner's
rule, except as provided in this section.
(b)
Big game may be taken from one-half hour before sunrise until one-half hour
after sunset.
(c)
Except as otherwise prescribed by the commissioner on or before the
Saturday nearest October 8, waterfowl may be taken from one-half hour before
sunrise until sunset during the entire season prescribed by the commissioner.
On the opening day of the duck season, shooting hours for migratory game birds,
except woodcock, begin at 9:00 a.m.
Sec.
25. Minnesota Statutes 2006, section 97B.085, subdivision 3, is amended to
read:
Subd.
3. Communication excepted. This
section does not prohibit the use of:
(1) one-way radio communication
between a handler and a dog.; or
(2)
a remote-controlled animal noise caller used for fox and coyote.
Sec.
26. Minnesota Statutes 2006, section 97B.301, subdivision 7, is amended to
read:
Subd.
7. All season deer license. (a) A
resident may obtain an all season deer license that authorizes the resident to
hunt during the archery, regular firearms, and muzzle-loader seasons. The all
season license is valid for taking three deer, no more than one of which may be
a legal buck.
(b)
The all season deer license is valid for taking antlerless deer as follows:
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(1) up to two antlerless
deer may be taken during the archery or muzzle-loader seasons in any open area
or during the regular firearms season in managed or intensive deer areas; and
(2) one antlerless deer may
be taken during the regular firearms season in a lottery deer area, only with
an either-sex permit or statutory exemption from an either-sex permit. prescribed by the
commissioner.
(c) The commissioner shall
issue three tags when issuing a license under this subdivision.
Sec. 27. Minnesota Statutes
2006, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by
rule, prescribe restrictions and designate areas where deer may be taken,
including hunter selection criteria for special hunts established under section
97A.401, subdivision 4. The commissioner may, by rule, prescribe the open
seasons for deer within the following periods:
(1) taking with firearms,
other than muzzle-loading firearms, between November 1 and December 15;
(2) taking with
muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery
between September 1 and December 31.
(b) Notwithstanding
paragraph (a), the commissioner may establish special seasons within designated
areas at any time of year.
(c) Smokeless gunpowder may
not be used in a muzzle-loader during the muzzle-loader season.
Sec. 28. Minnesota Statutes
2006, section 97B.318, subdivision 1, is amended to read:
Subdivision 1. Shotgun use area. During the regular
firearms season in the shotgun use area, only legal shotguns loaded with
single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns
may be used for taking deer. Legal shotguns include those with rifled barrels.
The shotgun use area is that portion of the state lying within the following
described boundary: Beginning on the west boundary of the state at U.S.
Highway 10; thence along U.S. Highway 10 the northern boundary of Clay
County; thence along the northern boundary of Clay County to State Trunk
Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to
Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway
(CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County;
thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH
6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along
CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence
along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22
to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27
to the Mississippi River; thence along the east bank of the Mississippi River
to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway
8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of
beginning.
Sec. 29. Minnesota Statutes
2006, section 97B.327, is amended to read:
97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.
A hunter legally taking a
deer that is not a white-tailed or mule deer must report the type of deer taken
to the commissioner of natural resources within seven days of taking. Violation
of this section shall not result in a penalty and is not subject to section
97A.301 will result in a civil penalty of $100.
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Sec.
30. Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to
read:
Subdivision
1. Stamp required. (a) Except as
provided in paragraph (b) or section 97A.405, subdivision 2, a person required
to possess a small game license may not hunt pheasants without:
(1)
a pheasant stamp in possession; and
(2) a pheasant stamp validation
on the small game license when issued electronically.
(b)
The following persons are exempt from this subdivision:
(1)
residents under age 18 or over age 65;
(2)
persons hunting on licensed commercial shooting preserves; and
(3)
resident disabled veterans with a license issued under section 97A.441, subdivision
6a.
Sec.
31. Minnesota Statutes 2006, section 97B.801, is amended to read:
97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP
REQUIRED.
(a)
Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl
without:
(1)
a Minnesota migratory waterfowl stamp in possession; and
(2) a migratory waterfowl stamp
validation on the small game license when issued electronically.
(b) Residents
under age 18 or over age 65; resident disabled veterans with a license issued
under section 97A.441, subdivision 6a; and persons hunting on their own
property are not required to possess a stamp or a license validation
under this section.
Sec. 32.
Minnesota Statutes 2006, section 97B.928, subdivision 1, is amended to read:
Subdivision
1. Information required. (a) A
person may not set or place a trap or snare, other than on property owned or
occupied by the person, unless the following information is affixed to the trap
or snare in a manner that ensures that the information remains legible while
the trap or snare is on the lands or waters:
(1)
the number and state of the person's driver's license;
(2)
the person's Minnesota identification card number; or
(3)
the person's name and mailing address.; or
(4)
the license identification number issued by the Department of Natural
Resources.
(b)
The commissioner may not prescribe additional requirements for identification
of traps or snares.
(c)
Until March 1, 2013, the driver's license number under paragraph (a), clause
(1), may be the person's previously issued Minnesota driver's license number.
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Sec.
33. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to
read:
Subd.
3. Contests requiring a permit. (a)
A person must have a permit from the commissioner to conduct a fishing contest
that does not meet the criteria in subdivision 2. Permits shall be issued
without a fee. The commissioner shall charge a fee for the permit that
recovers the costs of issuing the permit and monitoring the activities allowed
by the permit. Notwithstanding section 16A.1283, the commissioner may, by
written order published in the State Register, establish contest permit fees.
The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply.
(b) If
entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:
(1)
not previously conducted a fishing contest requiring a permit under this
subdivision; or
(2)
ever failed to make required prize awards in a fishing contest conducted by the
applicant, the commissioner may require the applicant to furnish the
commissioner evidence of financial responsibility in the form of a surety bond
or bank letter of credit in the amount of $25,000.
Sec.
34. Minnesota Statutes 2006, section 97C.325, is amended to read:
97C.325 PROHIBITED METHODS OF
RESTRICTIONS ON TAKING FISH.
(a)
Except as specifically authorized, a person may not take fish with:
(1)
explosives, chemicals, drugs, poisons, lime, medicated bait, fish berries, or
other similar substances;
(2)
substances or devices that kill, stun, or affect the nervous system of fish;
(3)
nets, traps, trot lines, or snares; or
(4)
spring devices that impale, hook, or capture fish.
(b) If
a person possesses a substance or device listed in paragraph (a) on waters,
shores, or islands, it is presumptive evidence that the person is in violation
of this section.
(c)
The commissioner may, by rule, allow the use of a nonmotorized device with a
recoil mechanism to take fish through the ice.
(d)
To protect water quality or improve habitat for fish or wildlife, the
commissioner may prescribe restrictions on fishing seasons, limits, or methods
on specific bodies of water.
Sec.
35. Minnesota Statutes 2006, section 97C.335, is amended to read:
97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH
PROHIBITED.
A
person may not use artificial lights to lure or attract fish or to see fish in
the water while spearing, except that while angling or spearing, a
person may:
(1) affix to the end of a
fishing line a lighted artificial bait with hooks attached to the end of
a fishing line; or
(2)
use a lighted decoy for spearing.
Any
battery that is used in lighted fishing lures cannot contain any intentionally
introduced mercury.
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Sec.
36. Minnesota Statutes 2006, section 97C.355, subdivision 8, is amended to
read:
Subd.
8. Confiscation of unlawful structures;
civil penalty. (a) Structures on the ice in violation of this
section may be confiscated and disposed of, retained by the division, or sold
at the highest price obtainable, in a manner prescribed by the commissioner.
(b)
In addition to other penalties provided by law, the owner of a structure left
on the ice in violation of this section is subject to a civil penalty under
section 115A.99.
Sec.
37. Minnesota Statutes 2006, section 97C.371, is amended by adding a
subdivision to read:
Subd.
5. Sucker season. Notwithstanding
any other law to the contrary, the commissioner may allow spearing and dip
netting of sucker before May 1 when weather conditions warrant it and the
earlier season would not interfere with spawning of other fish. The
commissioner must post notice of the earlier spring opening by both print and
electronic means. Regional fisheries chiefs in any of the department's regions
may recommend the earlier spring opening for sucker spearing and dip netting to
the commissioner.
Sec.
38. [97C.417] REPORTING ASIAN CARP.
A
person who takes any of the following Asian carp species must report the type
of carp taken to the commissioner within seven days of taking:
(1)
grass carp (Ctenopharyngodon idella);
(2)
bighead carp (Hypophthalmichthys nobilis); or
(3)
silver carp (Hypophthalmichthys molitrix).
Sec.
39. Minnesota Statutes 2006, section 97C.835, subdivision 1, is amended to
read:
Subdivision
1. Commercial fishing license for Lake
Superior. (a) A license to fish commercially in Lake Superior shall be issued
to a maximum of 50 25 residents. To qualify for licensing, a
resident must have landed fish in the previous year with a value of at least
$1,500, and must have engaged in commercial fishing for at least 30 days of the
previous year. An applicant may be issued a license, at the discretion of the
commissioner, if failure to meet the requirements for the dollar value of fish
landed or number of days fished resulted from illness or other mitigating
circumstances, or the applicant has reached the age of 65 and has been licensed
at least five of the previous ten years.
(b) A
license may be issued to a resident who has not previously fished commercially
on Lake Superior and has not been convicted of a game and fish law violation in
the preceding three years, if the applicant:
(1)
shows a bill of sale indicating the purchase of gear and facilities connected
with an existing license;
(2)
shows proof of inheritance of all the gear and facilities connected with an
existing license; or
(3)
has served at least two years as an apprentice in a Minnesota Lake Superior
licensed commercial fishing operation.
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Sec.
40. Minnesota Statutes 2006, section 97C.835, subdivision 2, is amended to
read:
Subd.
2. Types of fish permitted. Lake
trout, ciscoes, chubs, alewives, lake whitefish, round whitefish, pygmy
whitefish, rainbow smelt, and rough fish may be taken by licensed
commercial fishing operators from Lake Superior, in accordance with this
section.
Sec.
41. Minnesota Statutes 2006, section 97C.835, subdivision 3, is amended to
read:
Subd.
3. Pound nets and trap nets. Pound
or trap nets may be used to take lake whitefish, round whitefish, pygmy
whitefish, ciscoes, chubs, alewives, rainbow smelt, and rough fish in Lake
Superior, including St. Louis Bay east of the U.S. Highway 53 bridge,
under the rules prescribed by the commissioner.
Sec.
42. Minnesota Statutes 2006, section 97C.835, subdivision 8, is amended to
read:
Subd.
8. Special permits. The commissioner
may issue special permits to duly licensed commercial fishing operators not
exceeding 20 in number, for the purpose of taking lake trout,
ciscoes, and lake whitefish spawn during the closed season for the
propagation of trout in Lake Superior and adjacent waters under rules
prescribed by the commissioner.
Sec.
43. [97C.836] LAKE SUPERIOR LAKE
TROUT EXPANDED ASSESSMENT HARVEST.
The
commissioner shall provide for taking of lake trout by licensed commercial
operators in Lake Superior management zones MN-3 and MN-2 for expanded
assessment and sale. The commissioner shall authorize expanded assessment taking and sale of lake trout in Lake
Superior management zone MN-3 beginning in 2007 and zone MN-2 beginning
in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in
zone MN-3 or 2,000 lake trout in zone MN-2 and may be reduced when necessary to
protect the lake trout population or to manage the effects of invasive species
or fish disease. Taking lake trout for expanded assessment and sale shall be
allowed from June 1 to September 30, but may end earlier in the respective
zones if the quotas are reached. The quotas must be reassessed at the
expiration of the current ten-year Fisheries Management Plan for the Minnesota
Waters of Lake Superior dated September 2006.
Sec.
44. RULE AMENDMENTS.
The
commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend rules
to conform to sections 39 to 43. Minnesota Statutes, section 14.386, does not
apply to the rulemaking under this section except to the extent provided under
Minnesota Statutes, section 14.388.
Sec.
45. LAKE TROUT REPORT.
By
February 1, 2008, the commissioner of natural resources must review and report
to the legislative policy committees with jurisdiction over natural resources
on the pros and cons of changing the winter lake trout season so that it would
be open from the Saturday nearest January 1 to March 31.
Sec.
46. ACCESS TO MINNESOTA OUTDOORS
PLAN.
Subdivision
1. Walk-in access plan. (a) The
commissioner of natural resources shall prepare a plan for a walk-in public access
program under which the commissioner may encourage owners and operators of
privately held land to voluntarily make that land available for walk-in access
by the public for hunting and fishing under programs administered by the
commissioner.
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(b)
As part of the plan, the commissioner shall explore entering into contracts
with the owners or lessees of land to establish voluntary walk-in public access
for hunting, fishing, or other wildlife-dependent recreational activities.
(c)
In the plan, the commissioner must describe:
(1)
the costs and benefits that private land access will provide the public, such
as hunting, fishing, bird watching, and related outdoor activities; and
(2)
the types of game, fish, and wildlife habitat improvements made to the land
that will enhance public uses.
(d)
The commissioner shall explore the effectiveness and public and private cost of
walk-in public access programs in other states and recommend walk-in program
options for public access to private lands for hunting, fishing, and related
recreational activities.
Subd.
2. Other law. Nothing in the
plan may preempt trespass and liability laws. Recommendations submitted by the
commissioner of natural resources under subdivision 3 shall include any changes
to Minnesota Statutes, sections 604A.20 to 604A.27, necessary to ensure that
landowners are not exposed to additional liability as a result of the walk-in
access program.
Subd.
3. Report. The commissioner must
present the walk-in public access plan to the house and senate committees with
jurisdiction over natural resources policy and finance, with recommendations on
program implementation, by January 15, 2008.
Sec.
47. COCK PHEASANT BAG LIMIT; RULEMAKING.
The
commissioner of natural resources shall amend Minnesota Rules, part 6234.0400,
subpart 2, to allow a person to take up to three cock pheasants per day after
the 16th day of the pheasant season. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to adopt the rule and Minnesota Statutes, section 14.386, does not apply,
except as provided under Minnesota Statutes, section 14.388.
Sec.
48. CROSSBOW DEER SEASON.
Notwithstanding
Minnesota Statutes, section 97B.035, or other law to the contrary, the
commissioner of natural resources shall establish an open season for taking
deer by crossbow during the regular firearm or muzzleloader season from
November 1 to December 15 each year. The commissioner may adopt exempt rules
regulating the crossbow deer season according to Minnesota Statutes, section
14.386. Notwithstanding Minnesota Statutes, section 14.386, a rule adopted
under this section is effective until January 1, 2009.
EFFECTIVE DATE. This section is
effective the day following final enactment and expires January 1, 2009.
Sec.
49. CROSSBOW SEASON REPORT.
By
February 1, 2009, the commissioner of natural resources shall submit a report
to the chairs of the house and senate committees having jurisdiction over
natural resources that includes the number of crossbow deer season licenses
issued under section 48 and addresses whether there was an increase in poaching
or other hunting problems during the time a crossbow deer season was permitted.
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Sec.
50. REPEALER.
Minnesota
Statutes 2006, sections 97A.475, subdivision 38; 97C.301, subdivision 3; and
97C.365, are repealed."
Delete
the title and insert:
"A
bill for an act relating to game and fish; modifying definitions; providing for
and modifying certain fees; modifying provisions for taking animals causing
damage; modifying license and stamp provisions; modifying certain possession
and taking restrictions; providing for an apprentice hunter validation;
modifying commercial fishing provisions; providing for a crossbow deer season;
requiring reports; requiring rulemaking; providing criminal and civil
penalties; amending Minnesota Statutes 2006, sections 97A.015, subdivision 24,
by adding a subdivision; 97A.045, by adding a subdivision; 97A.401, subdivision
5; 97A.405, subdivisions 2, 4; 97A.421, by adding a subdivision; 97A.441,
subdivision 7; 97A.451, subdivisions 3, 3a; 97A.465, by adding a subdivision;
97A.473, subdivisions 3, 5; 97A.475, subdivisions 2, 3, 6; 97A.505, subdivision
4; 97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.031, subdivision 1;
97B.035, by adding a subdivision; 97B.075; 97B.085, subdivision 3; 97B.301, subdivision
7; 97B.311; 97B.318, subdivision 1; 97B.327; 97B.715, subdivision 1; 97B.801;
97B.928, subdivision 1; 97C.081, subdivision 3; 97C.325; 97C.335; 97C.355,
subdivision 8; 97C.371, by adding a subdivision; 97C.835, subdivisions 1, 2, 3,
8; proposing coding for new law in Minnesota Statutes, chapters 97B; 97C;
repealing Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.301,
subdivision 3; 97C.365."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 1190, A bill for an act relating to occupations; establishing the Plumbing Council;
proposing coding for new law in Minnesota Statutes, chapter 326.
Reported
the same back with the following amendments:
Page
1, line 5, delete "COUNCIL" and insert "BOARD"
Page
1, line 6, delete "Council" and insert "Board"
Page
2, lines 8, 10, 14, 21, 27, 28, 29, 31, 32, 33, and 35, delete "council"
and insert "board"
Page
2, line 34, delete everything before "shall" and insert "under
this provision" and delete "council" and insert
"board"
Amend
the title as follows:
Page
1, line 2, delete "Council" and insert "Board"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1280
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 1208, A bill for an act relating to state government; changing provisions for
construction codes and licensing provisions; providing penalties and
enforcement; instructing the revisor to renumber certain statutory sections;
appropriating money; 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.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, subdivisions 2, 4, 8, by
adding a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60;
183.61, subdivisions 2, 4; 299F.011, subdivision 1; 299M.02; 299M.04; 325E.58;
326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, 9,
by adding subdivisions; 326.241, subdivision 2; 326.242; 326.243; 326.244,
subdivisions 1, 1a, 5, 6, by adding a subdivision; 326.2441; 326.37; 326.38;
326.39; 326.40; 326.401; 326.405; 326.41; 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; 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; 299M.02; 326.01, subdivisions 4, 6h, 10, 11, 12, 13; 326.242,
subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244,
subdivision 6; 326.246; 326.2461; 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.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
REVISOR'S
INSTRUCTION
Section
1. REVISOR'S INSTRUCTION.
(a)
In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall
change the terms "board" and "Board of Electricity" to
"commissioner."
(b)
In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall
change the terms "commissioner" and "commissioner of
health" to the term "commissioner of labor and industry"; and
shall change the terms "department" and "Department of
Health" to "Department of Labor and Industry."
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(c)
In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
1346, 1350, 1360, and 7672, the revisor of statutes shall:
(1)
change the term "commissioner of administration" to
"commissioner of labor and industry";
(2)
change the term "Department of Administration" to "Department of
Labor and Industry";
(3)
change the term "Department of Administration's Building Codes and
Standards Division" to "Department of Labor and Industry"; and
(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."
EFFECTIVE DATE. This section is
effective the day following final enactment.
ARTICLE
2
CONSTRUCTION
CODES AND LICENSING
Section
1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
read:
Subdivision
1. State Fire Code rulemaking authority.
The commissioner of public safety through the Division of Fire Marshal may
promulgate labor and industry, consistent with the recommendations of
the state fire marshal, shall adopt 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.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
2. [326B.01] DEFINITIONS.
Subdivision
1. Scope. The definitions in
this section apply to chapter 326B.
Subd.
2. ASME. "ASME" means
the American Society of Mechanical Engineers.
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.
Subd.
4. Department. "Department"
means the Department of Labor and Industry.
Subd.
5. Day. "Day" means
calendar day unless otherwise provided.
Subd.
6. Individual. "Individual"
means a human being.
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.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec.
3. [326B.02] POWERS.
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. 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.
Subd.
2. Definition of responsibilities. For
purposes of subdivision 1, responsibilities include powers, duties, rights,
obligations, and other authority imposed by law on the commissioner and the
department.
Subd.
3. 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.
Subd.
4. 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.
EFFECTIVE DATE. This section is effective
the day following final enactment.
Sec.
4. [326B.04] DEPOSIT OF MONEY.
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,
are 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 of these laws.
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.
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: (1) all money collected under chapter 183 and sections
16B.59 to 16B.76; 144.122, paragraph (f); 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; (2) all
fees collected under section 45.23 in connection with continuing education for
residential contractors, residential remodelers, and residential roofers are
Journal of the House - 30th
Day - Thursday, March 15, 2007 - Top of Page 1283
credited to the construction
code fund; and (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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
5. [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.
Sec.
6. [326B.075] COMMISSIONER NOT
SUBJECT TO SUBPOENA.
The
commissioner shall not be subject to subpoena for purposes of providing expert testimony
or for purposes of providing testimony or documents, as that term is defined in
section 326B.081, subdivision 4, about an investigation or inspection conducted
by the commissioner, except in an enforcement proceeding brought by the
commissioner.
ARTICLE
3
ENFORCEMENT
Section
1. [326B.081] DEFINITIONS.
Subdivision
1. Application. For purposes of
sections 326B.081 to 326B.085, the terms defined in this section have the
meanings given them.
Subd.
2. Administrative order. "Administrative
order" means an order issued under section 326B.082, subdivision 7.
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.
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.
Subd.
5. Final. "Final" when
used to describe any order issued under section 326B.082 means that:
(1)
no request for hearing in connection with the order was filed in the manner and
within the time provided by section 326B.082;
(2)
all requests for hearing have been withdrawn;
(3)
an agreement that resolves the order has been signed by all the parties; or
(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.
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Subd.
6. Licensing order. "Licensing
order" means an order issued under section 326B.082, subdivision 12,
paragraph (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.
Subd.
8. Stop order. "Stop
order" means an order issued under section 326B.082, subdivision 10.
Sec.
2. [326B.082] ENFORCEMENT.
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.
Subd.
2. Access to information and property;
subpoenas. (a) In order to carry out the purposes of the applicable
law, the commissioner may:
(1)
administer oaths and affirmations, certify official acts, interview, question,
take oral or written statements, and take depositions;
(2)
request, examine, take possession of, test, sample, measure, photograph,
record, and copy any documents, apparatus, devices, equipment, or materials;
(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;
(4)
issue subpoenas to compel persons to appear before the commissioner to give
testimony and produce documents, apparatus, devices, equipment, or materials;
and
(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.
(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.
(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).
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(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.
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.
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.
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.
Subd. 6. Notices of violation. (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.
(b) The commissioner shall
issue the notice of violation by:
(1) serving the notice of
violation on the property owner or on the person who committed the violation;
or
(2) posting the notice of
violation at the location where the violation occurred.
(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:
(1) specify which parts of
the notice of violation the person believes are in error;
(2) explain why the person
believes the parts are in error; and
(3) provide documentation to
support the request for reconsideration.
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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.
Subd.
7. Administrative orders; correction;
assessment of monetary penalties. (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.
(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.
(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.
Subd.
8. Hearings related to administrative
orders. (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.
(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.
(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.
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(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.
(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.
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.
Subd. 10. Stop orders. (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.
(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.
(c) The commissioner shall
issue the stop work order by:
(1) serving the order on the
person who has committed or is about to commit the violation;
(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
(3) serving the order on any
owner or lessee of the real property where the violating condition exists.
(d) A stop order shall:
(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
(2)
provide notice that any person aggrieved by the stop order may request a
hearing as provided in paragraph (e).
(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
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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.
(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.
(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.
Subd.
11. Licensing orders; grounds;
reapplication. (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.
(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:
(1)
committed one or more violations of the applicable law;
(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;
(3)
allowed the alteration or use of the person's own permit, license,
registration, or certificate by another person;
(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;
(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;
(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;
(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;
(8)
engaged in any fraudulent, deceptive, or dishonest act or practice; or
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(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.
(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.
(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.
Subd.
12. Issuance of licensing orders; hearings
related to licensing orders. (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.
(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).
(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.
(d)
Paragraph (c) does not apply to summary suspension under subdivision 13.
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.
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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.
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.
Subd. 16. Misdemeanor penalties. Except as otherwise provided by
law, a person who violates an applicable law is guilty of a misdemeanor.
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.
Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF ADMINISTRATIVE AND
LICENSING ORDERS.
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.
Subd. 2. Contents of administrative order and licensing order. (a)
An administrative order and a licensing order must include:
(1) a summary of the facts
that constitute the violation or violations;
(2) a reference to the
applicable law that has been violated; and
(3) a statement of the
person's right to request a hearing.
(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.
(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):
(1) a statement of the
amount of the monetary penalty imposed;
(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
(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.
Subd. 3. Penalty. (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.
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(b)
This paragraph applies if an administrative order includes a penalty assessment
and all or a portion of the penalty is forgivable.
(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.
(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.
(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.
(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.
(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.
Sec.
4. [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.
Sec.
5. [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.
Sec.
6. REVISOR'S INSTRUCTION.
The
revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.
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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; and
(10)
establish and administer a State Building Code; and
(11) (10) 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 of labor and industry in
consultation with each industry advisory committee and 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. Physically disabled Person
with a disability. "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. "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.
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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 up to date in into 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 facilities
facility. "State licensed facilities facility"
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, or correctional facility, boarding care home, or residential
hospice.
Sec. 6. Minnesota Statutes
2006, section 16B.61, is amended to read:
16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND INDUSTRY.
Subdivision 1. Adoption of code. Subject to sections
16B.59 to 16B.75, the commissioner shall by rule and in consultation with
each industry board 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, and
inspection fees, and surcharges for public buildings and state licensed
facilities. 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.
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.
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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 shall be enforced by the State
Board of Electricity, pursuant to the Minnesota Electrical Act, the provisions
relating to, plumbing shall be enforced by the commissioner of
health, the provisions relating to, boilers, high pressure steam
piping and appurtenances, and ammonia refrigeration piping, and
bioprocess piping shall be enforced by the Department of Labor and Industry.
Fees for inspections conducted by the State Board of Electricity
commissioner shall be paid in accordance with the rules of the State
Board of Electricity department. Under direction of the commissioner
of public safety labor and industry, the state fire marshal shall
enforce the State Fire Code as provided in chapter 299F. The commissioner,
in consultation with the commissioner of labor and industry, 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.
(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.
(f) (e) Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of Group R-3 occupancies in
dwellings constructed in accordance with the International Residential Code as
adopted as part of 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.
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(g) (f) 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.
(h) (g) 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.
(i) (h) 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.
(j) (i) 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.
(k) (j) 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.
(l) (k) 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.
(m) (l) 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 physically disabled persons with
disabilities, although this does not require the remodeling of public
buildings solely to provide accessibility and usability to the physically
disabled persons with disabilities when remodeling would not
otherwise be undertaken.
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(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 the physically disabled persons with disabilities,
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 physically disabled
persons with disabilities. 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 disabled persons with disabilities specified in the State
Building Code need not comply with this subdivision unless a disabled
person with a disability 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 disabled persons with disabilities.
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 disabled persons with disabilities.
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 disabled persons with disabilities 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.
(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.
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.
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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 of
administration 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.
(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) (c) This section
expires when the commissioner of administration adopts a new energy code
in accordance with Laws 2002, chapter 317, section 4.
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Sec.
9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
16B.6175 ENERGY CODE.
Notwithstanding
section 16B.617, the commissioner of administration, 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 one copy
a printed or electronic version of the code to each municipality within the
state. Additional copies A printed or electronic version of the code
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
state building official 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 when enforced by the State Board of Electricity,
except with the advice of the Electrical Board, Mechanical Systems Board,
Plumbing Board, Board of Construction, Building and Structural Code Board, Fire
Protection Board, and High Pressure Piping Systems Board. 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. A request for final interpretation must
come from a local or state level building code board of appeals. The state
building official must establish procedures for membership of the
interpretative committees. The appropriate committee shall review the request
and make a recommendation to the state building official for the final
interpretation within 30 days of the request. The state building official must
issue an interpretation within ten
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business days from the
recommendation from the review committee. A final interpretation may be
appealed within 30 days of its issuance to the commissioner under section
16B.67. 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 state building
official until the final interpretations are considered for adoption as part of
the State Building Code.
Sec.
11. Minnesota Statutes 2006, section 16B.65, is amended to read:
16B.65 BUILDING OFFICIALS.
Subdivision
1. Designation. By January 1,
2002, 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 into the state treasury and credited to the special revenue fund
to the commissioner.
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 by rule establish certification criteria as proof of qualification according
to subdivision 2. The commissioner may:
(1) prepare
and conduct develop and administer 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 and
administered by nationally recognized testing agencies, as proof of
qualification pursuant to subdivision 2; or
(3)
determine qualifications by both clauses (1) and (2) satisfactory
completion of clause (2) and a mandatory training program developed or approved
by the commissioner.
Upon a
determination of qualification under clause (1), (2), or both of them
(3), 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.
The
Department of Employee Relations may, at the request of the commissioner,
provide statewide testing services.
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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 to
evaluate, mediate, and that will, at the commissioner's request,
recommend to the commissioner any administrative action, penalty,
suspension, or revocation with respect appropriate action according to
section 326B.82, in response to complaints filed with or information
received or obtained by the commissioner alleging or indicating that
supports a finding that: (1) an individual has engaged in, or is about to
engage in, the unauthorized performance of official the
duties of a certified building official or the unauthorized use
of the title certified building official, title; or a
violation of (2) a certified building official has violated a statute,
rule, stipulation, agreement, settlement, compliance agreement, cease and
desist agreement, or order that the commissioner has adopted, issued,
or is empowered has the authority to enforce and that is
related to the duties of a certified building official.
(b) The committee consists
shall consist of six members. One member shall be the commissioner's
designee and five members shall be certified building officials,
who are appointed by the commissioner. At least two of whom
the appointed certified building officials must be from nonmetropolitan
counties. For the committee members must be compensated according to
who are not state officials or employees, their compensation and removal
from the oversight committee is governed by section 15.059, subdivision
3. The commissioner's designee shall act as an ex-officio member of the
oversight committee serve as the chair of the oversight committee and
shall not vote. 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.
(b) (c) If the commissioner has
a reasonable basis to believe determines that a person an
individual has engaged in an act or practice constituting the
unauthorized performance of official the duties, of a
certified building official or the unauthorized use of the title
certified building official title, or that a violation of
certified building official has violated a statute, rule, stipulation,
agreement, settlement, compliance agreement, cease and desist agreement, or
order that the commissioner has adopted, issued, or is empowered
authorized to enforce that is related to the duties of a certified
building official, the commissioner may proceed with take
administrative actions or penalties as described in subdivision 5a or
suspension or revocation as described in subdivision 5b. against the
individual according to section 326B.082, subdivisions 7 and 11.
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.
Subd. 5b. Suspension; revocation. Grounds.
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: In addition to the grounds specified 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:
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(1)
violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
sections; or
(2)
engages in fraud, deceit, or misrepresentation while performing the duties of a
certified building official;.
(3)
makes a false statement in an application submitted to the commissioner or in a
document required to be submitted to the commissioner; or
(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. 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.
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.
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 municipal certified 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 every three calendar years to retain certification.
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.
Subd.
8. Renewal. (a) Subject to
sections 16B.59 to 16B.76, the commissioner of labor and industry may by rule
adopt standards dealing with renewal requirements.
(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.
Subd.
9. Expiration. All certificates
expire at 11:59:59 p.m. central time on the date of expiration if not properly
renewed in according to subdivision 8, paragraph (b).
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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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
12. 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. 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.
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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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
13. 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 disabled persons
with disabilities, 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 disabled persons with
disabilities, 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.
14. 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 disabled
persons with disabilities, 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 disabled
persons with disabilities, 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.
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Sec. 15. Minnesota Statutes
2006, section 16B.735, is amended to read:
16B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED PERSONS WITH
DISABILITIES.
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 disabled persons with
disabilities. 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. 16. Minnesota Statutes
2006, section 16B.74, subdivision 1, is amended to read:
Subdivision 1. Applicability. As used in For
the purposes of sections 16B.61, 16B.72, 16B.73, and 16B.74 to 16B.746
16B.748 the terms "passenger or freight elevator,"
"automatic operation" and "continuous pressure operation"
defined in this section shall have the following meanings given
them.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 17. 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 of Administration
relating to construction and installation and that have automatic operation or
continuous pressure operation.
Sec. 18. Minnesota Statutes
2006, section 16B.74, is amended by adding a subdivision to read:
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.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota Statutes
2006, section 16B.74, is amended by adding a subdivision to read:
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.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 20. Minnesota Statutes
2006, section 16B.741, is amended to read:
16B.741 ELEVATOR AVAILABLE FOR INSPECTION AND REPORTING.
Subdivision 1. Elevator available for inspection. A person, firm,
entity, or corporation 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.
Subd. 2. Persons required to report. The following persons shall
report the information specified in subdivision 3 to the commissioner by
January 1, 2008:
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(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;
(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;
(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.
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)
the location of each elevator;
(b)
the type of each elevator; and
(c)
the date the elevator was installed.
Subd.
4. Definition. As used in this
section, "elevator" is as defined in section 16B.74, subdivision 5.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
21. Minnesota Statutes 2006, section 16B.744, is amended to read:
16B.744 ELEVATORS, ENTRANCES SEALED.
It
shall be the duty of the department of Administration 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.
22. 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 of Administration 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 of Administration or the licensing
authority having jurisdiction over the elevator.
Sec.
23. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to
read:
Subd.
4. Penalties. The commissioner of
administration 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 $1,000 $10,000 for a violation of any
provision of sections 16B.74 to 16B.749.
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Sec.
24. Minnesota Statutes 2006, section 16B.747, is amended to read:
16B.747 FEES FOR LICENSURE AND INSPECTION
PERMIT.
Subdivision
1. Permits. No person, firm, or
corporation may construct, install, alter, or remove an elevator without
first filing an application for a permit with the department of
Administration or a municipality authorized by subdivision 3 to inspect
elevators. Upon successfully completing inspection and the payment of the
appropriate fee, the owner must be granted an operating permit for the
elevator.
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.
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, and the routine and periodic inspection and testing of
existing elevators, and the issuance of annual operating permits. 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 municipality may
establish and retain its own fees for the issuance of annual operating permits
for elevators in its jurisdiction. 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.
Subd.
4. Deposit of fees. Fees
received under this section must be deposited in the state treasury and
credited to the special revenue fund.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
25. Minnesota Statutes 2006, section 16B.748, is amended to read:
16B.748 RULES.
The
commissioner may adopt rules for the following purposes:
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(1) to
establish minimum qualifications for elevator inspectors that must include
possession of a current elevator constructor electrician's license issued by
the State Board of Electricity department and proof of successful
completion of the national elevator industry education program examination or
equivalent experience;
(2)
to establish minimum qualifications for elevator inspectors;
(2) (3) to establish criteria for the
qualifications of elevator contractors;
(3) (4) to establish elevator
standards under sections 16B.61, subdivisions 1 and 2, and 16B.64;
(4) (5) 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
(5) (6) to establish requirements
for the registration of all elevators.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
26. 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 of administration or the commissioner's designee
representing the department's Building Codes and Standards Construction
Codes and Licensing Division;
(2)
the commissioner of health or the commissioner's designee representing an
Environmental Health Section of the department;
(3) (2) the commissioner of public
safety or the commissioner's commissioner of public safety's
designee representing the department's Department of Public Safety's State
Fire Marshal Division;
(4)
the commissioner of commerce or the commissioner's designee representing the
department's State Energy Office; and
(5) (3) one member representing,
appointed by the commissioner, engaged in each of the following occupations
or, entities, appointed by the commissioner of administration
or industries:
(i) a
certified building official officials;
(ii) a
fire service representative chiefs or fire marshals;
(iii) a
licensed architect architects;
(iv) a
licensed engineer professional engineers;
(v) a
building owners and managers representative commercial building owners
and managers;
(vi) a
the licensed residential building contractor industry;
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(vii) a
the commercial building contractor industry;
(viii)
a the heating and ventilation contractor industry;
(ix) a
the plumbing contractor industry;
(x)
the ventilation industry;
(xi)
the power limited industry;
(x) (xii) a representative of a
construction and building trades union; and member of the Board of
Electricity;
(xi)
a local unit of government representative. (xiii) the high pressure piping industry;
(xiv)
the boiler industry;
(xv)
the manufactured housing industry;
(xvi)
public utility suppliers;
(xvii)
the Minnesota Building and Construction Trades Council; and
(xviii)
local units of government.
(b) The
commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory
council. For members who are not state officials or employees, terms,
compensation, and removal, and the filling of vacancies
of members of the advisory council are governed by section 15.059. The
council shall select one of its members to serve as chair. 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.
(c)
The council expires June 30, 2003.
Subd.
1a. Rulemaking authority. The
council shall adopt rules relating to building construction and model the rules
to building construction codes generally accepted and in use throughout the
United States with consideration given to existing statewide specialty codes
presently in use in Minnesota.
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 processes procedures, 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
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(4) promote the
coordination, within each jurisdiction, of the administration and enforcement
of construction codes.
The council shall meet a
minimum of four times each year. The council shall report its findings and
recommendations to the commissioner of administration and the head of any
other affected agency by the end of each calendar year. The council may
shall recommend changes in laws or rules governing building construction.
The council may shall 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 of administration 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 of administration shall provide necessary staff and
administrative support to the council.
Sec. 27. 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 of administration 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 of
administration may charge each person giving bond under this section an
annual bond filing fee of $15. 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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 28. 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 of labor and
industry to perform inspection services.
Sec. 29. 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 of labor and
industry.
"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. 30. Minnesota Statutes
2006, section 327.31, subdivision 4, is amended to read:
Subd. 4. Commissioner. "Commissioner"
means the commissioner of administration labor and industry.
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Sec. 31. Minnesota Statutes
2006, section 327.31, is amended by adding a subdivision to read:
Subd. 6a. Individual. "Individual" means a human being.
Sec. 32. Minnesota Statutes
2006, section 327.31, subdivision 7, is amended to read:
Subd. 7. Person. "Person" means a
person, partnership, corporation or other legal entity any individual,
limited liability company, corporation, partnership, incorporated or
unincorporated association, sole proprietorship, joint stock company, or any
other legal or commercial entity.
Sec. 33. Minnesota Statutes
2006, section 327.31, subdivision 15, is amended to read:
Subd. 15. Purchaser. "Purchaser" means
the first person individual purchasing a manufactured home in
good faith for purposes other than resale.
Sec. 34. 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 by the National Manufactured Housing Construction and
Safety Standards Act, Title VI, Manufactured Housing Improvement Act of 2000,
or other applicable federal or state law.
Sec. 35. 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. 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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 36. 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
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administrative agency shall
be deposited in the general construction code 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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 37. 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 Administration Labor and
Industry as deemed necessary for the administration of sections 327.31 to
327.35.
Sec. 38. 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 Administration Labor
and Industry and may be removed by the commissioner from any manufactured
home which is in violation of the Manufactured Home Building Code.
Sec. 39. Minnesota Statutes
2006, section 327.35, subdivision 1, is amended to read:
Subdivision 1. Civil Monetary penalty. Notwithstanding
the penalty amount of section 326B.082, subdivisions 7 and 12, any person
who violates any provision of this section is liable to the state of Minnesota
for a civil monetary penalty of not to exceed $1,000 for each offense
violation. 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 offense violation, except
that the maximum civil monetary 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. 40. 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 fined not more than $3,000 or imprisoned
not more than one year, or both guilty of a gross misdemeanor.
Sec. 41. Minnesota Statutes
2006, section 327B.01, subdivision 4, is amended to read:
Subd. 4. Commissioner. "Commissioner"
means the commissioner of administration labor and industry.
Sec. 42. Minnesota Statutes
2006, section 327B.01, subdivision 5, is amended to read:
Subd. 5. Consumer customer. "Consumer
customer" means any natural person individual 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. 43. Minnesota Statutes
2006, section 327B.01, subdivision 7, is amended to read:
Subd. 7. Dealer or retailer.
"Dealer" or "retailer" 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.
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Sec. 44. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 10a. Individual. "Individual" means a human being.
Sec. 45. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 11a. Licensee. "Licensee" means a person who is
licensed as a dealer, limited dealer, or manufacturer by the Department of
Labor and Industry.
Sec. 46. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
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.
Sec. 47. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
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.
Sec. 48. Minnesota Statutes
2006, section 327B.01, is amended by adding a subdivision to read:
Subd. 16a. Owner. "Owner" means any person holding title
to a manufactured home park or manufactured homes.
Sec. 49. Minnesota Statutes
2006, section 327B.01, subdivision 17, is amended to read:
Subd. 17. Person. "Person" means any
individual, limited liability company, corporation, firm, partnership,
incorporated and unincorporated association, sole proprietorship, joint
stock company, or any other legal or commercial entity.
Sec. 50. Minnesota Statutes
2006, section 327B.04, subdivision 1, is amended to read:
Subdivision 1. License and, bond, and
liability insurance required. No person shall act as a dealer in
manufactured homes, new or used, without a license and, a surety
bond, and liability insurance as provided in this section. No person shall
manufacture manufactured homes without a license and for each
manufacturing facility shipping into or located within Minnesota's boundaries, a
surety bond, and liability insurance 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. 51. 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
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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: (1) a surety bond in the amount of $20,000 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 for the protection of consumer customers, and must be executed by
the applicant as principal and issued by a surety company admitted to do
business in this state. The Each 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; and
(2) a certificate of liability insurance in the amount of $1,000,000 that
provides coverage for the agency and each subagency location;
(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. 52. 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, and the insurance underwriter and policy number, the names
and addresses of any related principal or subagencies, and a license number.
Sec. 53. 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. 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. 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
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(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.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
54. 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; and
(iv)
the name, home, and business address of the applicant;
(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;
(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
(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;
(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.
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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.
55. Minnesota Statutes 2006, section 327B.04, is amended by adding a
subdivision to read:
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: (1) the licensee at the licensee's last
known address; or (2) the individual designated by the licensee at that
individual's last known address.
Sec.
56. [327B.042] NOTICE TO
COMMISSIONER.
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.
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).
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.
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.
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.
Sec.
57. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to
read:
Subdivision
1. Grounds. In addition to the
grounds in section 326B.082, subdivision 11, the commissioner may by order
deny, suspend, limit, place conditions on, or revoke any the
application or license on finding (1) that the order is in the public
interest and (2) that the of any applicant or licensee or any of its
directors, officers, limited or general partners, controlling shareholders,
or affiliates for any of the following grounds:
(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;
(b) (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;
(c) (b) has had a previous
manufacturer or dealer license revoked in this or any other state;
(d) (c) 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;
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(e) (d) 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;
(f) (e) has failed to make or
provide all listings, notices and reports required by the commissioner;
(g) (f) has failed to pay a civil
penalty assessed under subdivision 5 within ten days after the assessment
becomes final;
(h) (g) has failed to pay to the
commissioner or other responsible government agency all taxes, fees and
arrearages due;
(i) (h) has failed to duly apply
for license renewal;
(j) (i) has violated any applicable
manufactured home building or safety code;
(k) (j) has failed or refused to
honor any express or implied warranty as provided in section 327B.03;
(l) (k) has failed to continuously
occupy a permanent, established place of business licensed under section
327B.04;
(m) (l) 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;
(n) (m) has wrongfully failed to
deliver a certificate of title to a person entitled to it;
(o) (n) is insolvent or bankrupt;
(p) (o) holds an impaired or
canceled bond;
(q) (p) 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;
(r) (q) 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;
(s) (r) has suffered a judgment
within the previous five years in a civil action involving fraud,
misrepresentation or misuse of funds; or
(t) (s) 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.
58. 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. 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.
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Sec.
59. 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):
(1)
IRC - 1;
(2)
IRC - 2;
(3)
IRC - 3;
(4)
IBC R-2; and
(5)
IBC R-3.
The
commissioner shall report back to the legislative committees having
jurisdiction over these issues by January 15, 2008.
Sec.
60. 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.
Column
A Column
B
16B.59 326B.101
16B.60,
subd. 1 326B.103,
subd. 1
16B.60,
subd. 2 326B.103,
subd. 4
16B.60,
subd. 3 326B.103,
subd. 9
16B.60,
subd. 4 326B.103,
subd. 5
16B.60,
subd. 5 326B.103,
subd. 3
16B.60,
subd. 6 326B.103,
subd. 11
16B.60,
subd. 7 326B.103,
subd. 10
16B.60,
subd. 8 326B.103,
subd. 12
16B.60,
subd. 9 326B.103,
subd. 8
16B.60,
subd. 10 326B.103,
subd. 7
16B.60,
subd. 11 326B.103,
subd. 13
16B.60,
subd. 12 326B.103,
subd. 6
16B.60,
subd. 13 326B.103,
subd. 2
16B.61 326B.106
16B.615 326B.109
16B.616 326B.112
16B.617 326B.115
16B.6175 326B.118
16B.62 326B.121
16B.625 326B.124
16B.63 326B.127
16B.64 326B.13
16B.65 326B.133
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16B.66 326B.136
16B.67 326B.139
16B.68 326B.142
16B.685 326B.145
16B.70 326B.148
16B.71 326B.151
16B.72 326B.154
16B.73 326B.157
16B.735 326B.16
16B.74 326B.163
16B.741 326B.166
16B.742 326B.169
16B.743 326B.172
16B.744 326B.175
16B.745 326B.178
16B.746 326B.181
16B.747 326B.184
16B.748 326B.187
16B.749 326B.191
16B.75 326B.194
16B.76 326B.07
326.992 326B.197
ARTICLE 5
ELECTRICAL
Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is
amended to read:
Subd. 2. Class A master
electrician. The term "Class A master electrician" means a
person an individual 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 light, heat, power, and other purposes
perform and supervise any electrical work, and who is licensed as such
a Class A master electrician by the Board of Electricity
commissioner.
Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is
amended to read:
Subd. 3. Class A journeyman
electrician. The term "Class A journeyman electrician"
means a person an individual 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 light, heat, power, and other purposes perform and
supervise any electrical work except for planning or laying out of electrical
wiring, and who is licensed as such a Class A journeyman
electrician by the Board of Electricity.
Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a
subdivision to read:
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
board.
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Sec. 4. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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/elevator work
authorized by holding any other personal license issued by the board.
Sec. 5. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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 board.
Sec. 6. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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 board or who is exempt from licensing by sections 326.241 to
326.248.
Sec. 7. Minnesota Statutes
2006, section 326.01, is amended by adding a subdivision to read:
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 board.
Sec. 8. Minnesota Statutes
2006, section 326.01, subdivision 5, is amended to read:
Subd. 5. Contractor. The term
"Contractor" means a person, partnership, or corporation operating
a business that undertakes who performs or offers to 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 perform any electrical work, with or
without compensation, who is licensed as such a contractor
by the Board of Electricity. 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. Contractor
includes electrical contractors and technology system contractors.
Sec. 9. Minnesota Statutes
2006, section 326.01, subdivision 6, is amended to read:
Subd. 6. Class B master electrician. The term
"Class B master electrician" means a person an individual
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 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 2500
2,500 inhabitants, and who is licensed as such a Class B
master electrician by the Board of Electricity.
Sec. 10. Minnesota Statutes
2006, section 326.01, subdivision 6a, is amended to read:
Subd. 6a. Class B journeyman electrician. The
term "Class B journeyman electrician" means a person an
individual 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
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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 2500 2,500 inhabitants, and who is
licensed as such a Class B journeyman electrician by the Board of
Electricity.
Sec. 11. Minnesota Statutes
2006, section 326.01, subdivision 6b, is amended to read:
Subd. 6b. Class A installer. The term
"Class A installer" means a person an individual 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 state Board of Electricity 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 such a Class A installer
by the state Board of Electricity.
Sec. 12. Minnesota Statutes
2006, section 326.01, subdivision 6c, is amended to read:
Subd. 6c. Class B installer. The term
"Class B installer" means a person an individual 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 state
Board of Electricity., and who is licensed as a Class B installer
must be licensed by the Board of Electricity.
Sec. 13. Minnesota Statutes
2006, section 326.01, subdivision 6e, is amended to read:
Subd. 6e. Owner. An owner is a natural person
an individual who physically performs electrical work on premises the person
individual owns and actually occupies as a residence or owns and will
occupy as a residence upon completion of its construction.
Sec. 14. Minnesota Statutes
2006, section 326.01, subdivision 6f, is amended to read:
Subd. 6f. Electrical work. The term
"Electrical work" means the installing, altering, repairing,
planning, or laying out of electrical wiring, apparatus, or equipment for
electrical light, heat, power, technology circuits or systems, or other
purposes. The installing, alteration altering, repairing,
planning, or laying out of electrical wiring, apparatus, or equipment for electrical
light, heat, power, technology circuits or systems, or other
purposes includes, but is not limited to, the performance of any work governed
regulated 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. Personal Direct supervision.
The term "personal "Direct supervision" means that
a person licensed to perform electrical work oversees and directs the
electrical work performed by an unlicensed person such that:
(1) the licensed person
actually reviews the electrical work performed by the unlicensed person
an unlicensed individual is being supervised by an individual licensed to
perform the electrical work being supervised;
(2) 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;
(3) the licensed person
individual is physically present and immediately available to the
unlicensed person individual at all times for assistance and
direction;
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(4) electronic supervision does not meet the requirement of physically
present and immediately available;
(5) the licensed individual shall review the electrical work performed
by the unlicensed individual before the electrical work is operated; and
(3)
(6) the
licensed person individual is able to and does determine that all
electrical work performed by the unlicensed person individual is
performed in compliance with section 326.243.
The licensed person individual is responsible for the
compliance with section 326.243 of all electrical work performed by the
unlicensed person individual.
Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is
amended to read:
Subd. 6j. Residential dwelling.
A "residential dwelling" is an individual dwelling of a
single dwelling unit that is contained in a one-family, two-family, or
multifamily dwelling as defined in the National Electrical Code pursuant to
section 326.243, including its garage or accessory building. A
residential dwelling includes a garage and accessory building that can only be
used by the residents of the single dwelling unit.